City Commission Packet Archive 03-23-2004

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      CITY OF MUSKEGON
           CITY COMMISSION MEETING
                       MARCH 23, 2004
     CITY COMMISSION CHAMBERS                          @   5:30 P.M.
                                AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   INTRODUCTIONS/PRESENTATION
•   CONSENT AGENDA:
      a. Approval of Minutes. CITY CLERK
      b. Sale of Marginal Lot at 712 Marquette Avenue.           PLANNING &
           ECONOMIC DEVELOPMENT
      c. Sale of Non-Buildable Lot at 214 Washington Avenue.      PLANNING &
           ECONOMIC DEVELOPMENT
      d. Sale of Non-Buildable Lot at 545 E. Forest Avenue.       PLANNING &
           ECONOMIC DEVELOPMENT
      e. Sale of Non-Buildable Lot at 1355 Leonard Avenue.        PLANNING &
         ECONOMIC DEVELOPMENT
      f.   FIRST READING: Zoning Ordinance Amendment for Permits. PLANNING
           & ECONOMIC DEVELOPMENT
      g. Resolution of Commitment and Cooperation from the City of Muskegon
         for the Mainstreet Program. PLANNING & ECONOMIC DEVELOPMENT
      h. Beverage Vending Contract for Parks. LEISURE SERVICES
      i.   SECOND READING:    Public Safety Administration Ordinances.     CITY
           MANAGER
      j.   Approval of Conveyance Application to the State of Michiaan.
           COMMUNITY & NEIGHBORHOOD SERVICES
      k. Consideration of Bids - Austin Street. Barney to Delano. ENGINEERING
         I.   Beach Leveling Bids. LEISURE SERVICES
•   PUBLIC HEARINGS:
         a. Resolution Revoking an Industrial Development Certificate
            Hardwoods, Inc. PLANNING & ECONOMIC DEVELOPMENT
         b. Create a Special Assessment District for Millard Avenue. Lake Dunes
            Drive to End. ENGINEERING
         c. Create a Special Assessment District for Western Avenue, Pine to
            Terrace. ENGINEERING
         d. Create a Special Assessment District for Yuba Street. Eastern to Sumner.
              ENGINEERING
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
         a. 2004 - 2005 CDBG/HOME Allocations. COMMUNITY & NEIGHBORHOOD
              SERVICES
         b. FIRST READING: Rezoning Request for Property Located at 955 W.
            Laketon. PLANNING & ECONOMIC DEVELOPMENT
         c. Public Safety Position Salary Ranges. CITY MANAGER
         d. Termination of Purchase Agreement for Seaway Industrial Park.                                       CITY
              MANAGER
         e. Fire Grant Application Request. CITY MANAGER
        f.    Concurrence with the Housing Board of Appeals Notice and Order to
              Demolish 483 W. Muskegon. INSPECTION SERVICES
        g. City        Commission           2004/2005          Vision.      Value,       Mission         Statements.
              ASSISTANT CITY MANAGER
•   ANY OTHER BUSINESS:
•   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 allowed 10 minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724·4172.
                                 MEMO


TO:         Mayor Warmington, the Commission, and Bryon Mazade

FROM:       Clara Shepherd

DATE:       February 6, 2004

RE:         Absent from meetings in March 2004



Commissioner Shepherd will be out of town and not available for any
meetings from March 5th thru March 9 th and March 23 rd & 24 th •
Date:      March 23, 2004
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Goal Setting
Session that was held on Friday, February 27, 2004; the Commission
Worksession that was held on Monday, March 8, 2004; and the Regular
Commission Meeting that was held on Tuesday, March 9, 2004.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                        MARCH 23, 2004
    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, March 23,
2004.
   Mayor Warmington opened the meeting with a prayer from Reverend Nana
Kratochvil of Harbor Unitarium Universalist Church 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, Commissioners
Chris Carter, Kevin Davis, Stephen Gawron and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail
Kundinger. Commissioner Clara Shepherd excused.
2004-29 CONSENT AGENDA:
      a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Goal Setting Session that
was held on Friday, February 27, 2004; the Commission Worksession that was
held on Monday, March 8, 2004; and the Regular Commission Meeting that was
held on Tuesday, March 9, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      b. Sale of Marginal Lot at 712 Marquette Avenue.             PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant marginal lot (Parcel
#24-405-001-0002-00) at 712 Marquette Avenue to Simons Development, LLC,
owners of 720 Marquette Avenue and Patrick & Julie Stone, 704 Marquette
Avenue, Muskegon, Ml         49442.    Approval of this sale will allow Simons
Development, LLC to own a house located on a buildable lot, as well as
allowing both property owners to expand their current yards. As is required by
City policy, the subject parcel is being offered for $1, and will be split between
Simons Development, LLC and the Stones under the Dollar Lot Policy.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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 the resolution and deed.
      c. Sale of Non-Buildable Lot at 214 Washington Avenue.            PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-205-398-0010-00) at 214 Washington Avenue to Dante Agnew,
owner of 222 Washington Ave., Muskegon, Ml. Approval of this sale will allow Mr.
Agnew to expand his current yard as well as have a buildable lot. The property
owner to the east of this City-owned lot is a landlord with numerous outstanding
invoices, and was therefore not considered as a candidate to purchase a
portion of this lot. This lot is being offered to Mr. Agnew for $1 under the Dollar lot
Marketing Policy.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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 the resolution and deed.
      d. Sale of Non-Buildable Lot at 545 E. Forest Avenue.             PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-205-102-0027-00) at 545 E. Forest Ave. to Donald Steele, of 539 E.
Forest Ave., Muskegon, Ml. Approval of this sale will allow the adjacent property
owner to expand his current yard. The other adjacent property owner was
offered a portion of this lot, but was not interested. This lot is being offered to Mr.
Steele for $1 under the Dollar Lot Marketing Plan.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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 the resolution and deed.
      e. Sale of Non-Buildable Lot at 1355 Leonard Avenue.              PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-613-000-0827-00) at 1355 Leonard Ave., to Richard Finneman, owner
of 1363 Leonard Ave., Muskegon, Ml. Approval of this sale will allow the
adjacent property owner to build a home on his current property, which will
include this parcel. The other adjacent property owner was offered a portion of
this lot, but didn't respond. This lot is being offered to Mr. Finneman for $1 under
the Dollar Lot Marketing Plan.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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 the resolution and deed.
      f.   FIRST READING: Zoning Ordinance Amendment for Permits. PLANNING
           & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2311 (Accessory Structures
and Buildings) of Article XXIII (General Provisions) of the City's Zoning Ordinance
to add language regarding permits.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add language regarding permits.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 3/11 meeting. The vote was unanimous with T.
Johnson absent.
      g. Resolution of Commitment and Cooperation from the City of Muskegon
         for the Mainstreet Program. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Neighborhood Investment Corporation (NIC)
currently has a local Mainstreet designation. Funding has come from both the
Downtown Arts and Entertainment District and NIC. The opportunity is now
available to apply for a State Mainstreet designation. This would allow for direct
training and other benefits from the National Trust for Historic Preservation
Mainstreet program. NIC will be making application to the State for this
designation. The resolution lends the commitment and cooperation of the City
of Muskegon in this effort.
FINANCIAL IMPACT: No direct impact, although the City would commit to in-kind
services through the Planning and Economic Development staff (e.g. mapping,
printing).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
      h. Beverage Vending Contract for Parks. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to Pepsi to provide vending service
throughout the City Parks.
FINANCIAL IMPACT: Approximately $5,000 in revenue.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
COMMITTEE RECOMMENDATION: The Leisure Services Board recommends that a
contract be awarded to Pepsi.
      j. Approval of Conveyance Application to the State of Michigan.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Community and Neighborhood Services
office request to obtain 407 Catherine from the State of Michigan which is
currently an attractive nuisance in the Community. After the CNS office obtains
407 Catherine the remaining structure will be demolished and the sale will be
redeveloped.
FINANCIAL IMPACT: CNS office will supply three hundred dollars for the
application from available HOME funding. The cost of demolition, which will be
approximately $8,500 will also be covered by HOME funds from a prior year
allocation.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request and have the Mayor sign the
application to the State of Michigan.
      k. Consideration of Bids - Austin Street. Barney to Delano. ENGINEERING
SUMMARY OF REQUEST: The contract to reconstruct Austin St. (H-1544) between
Barney and Delano be awarded to Grant Tower Excavating out of Grant Tower
was the lowest bid tabulation, responsible bidder with a bid price of $169,440.81.
FINANCIAL IMPACT: The        construction   cost   of   $169,440.81   plus   related
engineering expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Grant Tower Excavating.
      I.   Beach Leveling Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract with Felco Contractors to level Pere
Marquette Beach and remove the snow fence.
FINANCIAL IMPACT: Contract Price $57,100 which represents about a $9,500
saving from having City workers do the work.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Consent Agenda as read minus item i.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington
             Nays: None
             Excused: Shepherd
MOTION PASSED
2004-30 ITEMS REMOVED FROM CONSENT AGENDA
      i.   SECOND READING: Public Safety Administration Ordinances.        CITY
           MANAGER
SUMMARY OF REQUEST: To adopt three ordinances to implement the proposed
Public Safety Administrative Consolidation.
FINANCIAL IMPACT: First year savings of over $100,000.
BUDGET ACTION REQUIRED: The savings will be accounted for in a future
quarterly budget update.
STAFF RECOMMENDATION: To approve the ordinances.
Motion by Commissioner Spataro, second by Vice Mayor Larson to adopt the
three ordinances to implement the proposed Public Safety Administrative
Consolidation.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter
             Nays: None
             Excused: Shepherd
MOTION PASSED
2004-31 PUBLIC HEARINGS:
      a. Resolution Revoking an Industrial Development Certificate             -
         Hardwoods, Inc. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4 as amended, the City
of Muskegon requests that Industrial Development Certificate (IFT) No. 00-491
issued to Hardwoods, Inc., 1885 E. Laketon Ave. be revoked. The certificate was
originally requested August 8, 2000. Hardwoods, Inc. ceased operations March
15, 2004.
FINANCIAL IMPACT: None, since the business never really got into production.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and authorize the Mayor
and Clerk to sign the resolution revoking IFT certificate No. 00-491.
The Public Hearing opened at 5:43pm to hear comments from the public. No
comments were heard at this time.
Motion by Vice Mayor Larson, second by Commissioner Davis to close the Public
Hearing at 5:44pm and to revoke the IFT Certificate, No 00-491 issued to
Hardwoods, Inc and authorize the Mayor and Clerk to sign the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
            Nays: None
            Excused: Shepherd
MOTION PASSED
      b. Create a Special Assessment District for Millard Avenue, Lake Dunes
         Drive to End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Millard from Lake Dunes Dr. to West End project, and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: Constriction cost plus related engineering cost.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:45pm to hear comments from the public.
Comments in opposition were heard from Gary Dill of 3335 Millard and Susan
Lyne of 3340 Millard.
Motion by Vice Mayor Larson, second by Commissioner Davis to close the Public
Hearing at 6:01pm and to deny creation of special assessment district for the
Millard from Lake Dunes Dr., to West End project.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, Gawron
            Nays: None
            Excused: Shepherd
MOTION PASSED
      c. Create a Special Assessment District for Western Avenue, Pine to
         Terrace. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Western Ave., Pine to Terrace project, and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project.
Furthermore, should the district be created, your permission is requested to add
this project onto the Shoreline Dr. project with Milbocker & Sons as a change
order utilizing all applicable unit prices on said project.
FINANCIAL IMPACT: Constriction cost plus related engineering cost.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:02pm to hear comments from the public. No
comments were heard at this time.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 6:07pm and to approve the special assessment district for
Western Ave., Pine to Terrace project and assign Commissioner Shepherd and
Mayor Warmington to the Board of Assessors, and to also add this project onto
the Shoreline Dr. project with Milbocker and Sons.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis Gawron, Larson
             Nays: None
             Excused: Shepherd
MOTION PASSED
      d. Create a Special Assessment District for Yuba Street. Eastern to Sumner.
         ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Yuba St., Eastern to Sumner project, and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors
if it is determined to proceed with the project.
FINANCIAL IMPACT: Constriction cost plus related engineering cost.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:07pm to hear comments from the public.
Comments in opposition were heard from Kenneth Martin, 505 Yuba, Roland
Jones, 595 Yuba, and Frank Williams, 516 Yuba.
Motion by Commissioner Davis, second by Commissioner Spataro to close the
Public Hearing at 6:31 pm.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
            Nays: None
            Excused: Shepherd
MOTION PASSED
Motion by Commissioner Spataro, second by Commissioner Gawron to create
the special assessment district for Yuba St., Eastern to Sumner project.
ROLL VOTE: Ayes: Gawron, Spataro
            Nays: Warmington, Carter, Davis, Larson
            Excused:Shepherd
MOTION FAILS
2004-32 NEW BUSINESS:
      a. 2004 - 2005 CDBG/HOME Allocations. COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST: To accept the administrations and Citizens District
Councils recommendation in regards to the 2004-2005 CDBG/HOME anticipated
entitlement and to make the Commissions preliminary allocation decision. The
Commission is scheduled to make their final decision regarding the 2004-2005
CDBG/HOME allocation entitlement during the Public Hearing scheduled for
April 13, 2004.
FINANCIAL IMPACT: Uncertain at this time.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the administration recommendation.
Motion by Vice Mayor Larson, second by Commissioner Davis to accept the
administrations and Citizens District Councils recommendation in regards to the
2004-2005 CDBG/HOME anticipated entitlement and to make the Commissions
preliminary allocation decision.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington
            Nays: None
            Excused: Shepherd
MOTION PASSED
      b. FIRST READING: Rezoning Request for Property Located at 955 W.
         Laketon. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 955 W. Laketon
from B-4 General Business to RT, Two Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 3/11 meeting and recommended that the City Commission ask
the ZBA to reconsider the hardship application for this property. The denial
request was approved with S. Warmington, B. Smith and T. Michalski voting nay.
T. Johnson was absent.
Motion by Vice Mayor Larson, second by Commissioner Carter to table the
request to rezone property located at 955 W. Laketon and refer it back to Zoning
Board of Appeals for reconsideration of hardship status and pay no additional
fees.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter
            Nays: None
            Excused: Shepherd
MOTION PASSED
      c. Public Safety Position Salary Ranges. CITY MANAGER
SUMMARY OF REQUEST: To approve the salary ranges for the Director of Public
Safety and the Deputy Director of Public Safety for Fire Services.
FINANCIAL IMPACT: Included in the net savings of $100,000 for Public Safety
Administrative consolidation.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the salary ranges.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the salary ranges for the Director of Public Safety and the Deputy Director of
Public Safety for Fire Services.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
            Nays: None
            Excused: Shepherd
MOTION PASSED
     d. Termination of Purchase Agreement for Seaway Industrial Park.      CITY
        MANAGER
SUMMARY OF REQUEST: To terminate the Real Estate Purchase Agreement and
Development Agreement with Seaway Industrial Park, L.C. (Grooters).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the termination of the agreements.
Motion by Vice Mayor Larson, second by Commissioner Gawron to approve the
termination of the Real Estate Purchase Agreement and Development
Agreement with Seaway Industrial Park, L.C. (Grooters)
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, Gawron
              Nays: None
              Excused: Shepherd
MOTION PASSED
      e. Fire Grant Application Request. CITY MANAGER
SUMMARY OF REQUEST: The Fire Department is requesting City Commission
permission to apply for 2004 United States Fire administration "Assistance to
Firefighters Grant Program" to provide firefighter equipment to enhance
operational safety.
FINANCIAL IMPACT: $10,000 match through department capital funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of grant application to
USFA for fire equipment acquisition.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the grant application for 2004 United States Fire Administration "Assistance to
Firefighters Grant Program" to provide firefighter equipment to enhance
operational safety.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
             Nays: None
             Excused: Shepherd
MOTION PASSED
      f.   Concurrence with the Housing Board of Appeals Notice and Order to
           Demolish 483 W. Muskegon. INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structure located at 483 W.
Muskegon Ave., - 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-030163 Address; 483 W. Muskegon Ave.
LOCATION AND OWNERSHIP: This structure is located on W. Muskegon between
51h and 61h Streets and is owned by Anthony and Terrson Bethea of Muskegon.
STAFF CORRESPONDENCE: This case began with a police report of unsafe
conditions and a break in of this vacant house. A dangerous building inspection
was conducted on 10/9/03 and an interior inspection was conducted 10/22/03.
The notice and order to repair or remove was issued 11 /13/03. On 1/8/04 the
HBA declared the structure, with the Director of Inspections stating he would
delay taking the case to City Commission for 60 days.
OWNER CONTACT: The owner contacted the Inspection after he purchased the
house at the State auction 9/17 /03. He was also present for the interior
inspection and HBA meeting on 1/8/04. At that time he stated he was aware of
the required repairs, but had a financial set back. He was working with NIC and
getting estimates for repairs. On 12/8/03 he called the Inspection office and
stated he was not getting help form NIC and asked for a 60-day extension to try
to sell the house.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $10,600
ESTIMATED COST OF REPAIRS: $12,000
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 to demolish the structure located at 483 W.
Muskegon Ave. and to direct administration to obtain bids for the demolition.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson
               Nays: None
               Excused: Shepherd
MOTION PASSED
      g. City Commission 2004/2005        Vision.   Value.   Mission   Statements.
         ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: On February 27, 2004 the City Commission and staff
participated in their annual goal setting session. The Vision, Value and Mission
statements, along with a set of prioritized issues/projects are the result of that
undertaking. Staff is requesting approval of both documents.
FINANCIAL IMPACT: None
BUDGET ACTION: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
Vision, Value and Mission document and the Issues/Projects Ratings document.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Spataro
               Nays: None
            Excused: Shepherd
MOTION PASSED
2004-33   ANY OTHER BUSINESS:
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the resolution for Mr. Enous Lee.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, Warmington
            Nays: None
            Excused: Shepherd
MOTION PASSED
The Regular Commission meeting for the City of Muskegon was adjourned at
7:40pm.
                                            Respectfully submitted,


                                             ~D.LcL.
                                            Gail A. Kundinger, MMC    6
                                            City Clerk
                  Commission Meeting Date: March 23, 2004




Date:          March 1 o, 2004
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development              cJf-/
RE:            Sale of Marginal Lot at 712 Marquette Avenue


SUMMARY OF REQUEST:

To approve the sale of a vacant marginal lot (Parcel #24-405-001-0002-00) at 712
Marquette Avenue to Simons Development, LLC, owners of 720 Marquette Avenue
and Patrick & Julia Stone, 704 Marquette Avenue, Muskegon, Ml 49442. Approval of
this sale will allow Simons Development, LLC to own a house located on a buildable
lot, as well as allowing both property owners to expand their current yards. As is
required by City policy, the subject parcel is being offered for $1, and will be split
between Simons Development, LLC and the Stones under the Dollar Lot Policy.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed 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 the resolution and deed.

COMMITTEE RECOMMENDATION:




3/10/2004
                                   CITY OF MUSKEGON

                                   RESOLUTION#         2004-29(b)

RESOLUTION APPROVING THE SALE OF A CITY-OWNED MARGINAL LOT

WHEREAS, the City of Muskegon has received $1 each from Simons Development, LLC,
owners of 720 Marquette A venue, Muskegon, MI 49442 and Patrick & Julia Stone, 704
Marquette A venue, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located
adjacent to their properties at 712 Marquette A venue (parcel #24-405-001-0002-00); and

WHEREAS, this lot is considered marginally buildable under the City's Zoning Ordinance; and

WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and

WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City for marginal lots.

NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON GUNNS SUB DIV OF
PART OF BLK 2 LOT 2 BLK 1 be sold to Simons Development, LLC and Patrick & Julia Stone
for $1 each.


Resolution adopted this23rd day of March, 2004.

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

       Nays: None

       Absent:    Shepherd
                                     CERTIFICATION
                                           2004-29(b)
This resolution was adopted at a regular meeting of the City Commission, held on March 23 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                     CITY OF MUSKEGON



                                             By
                                                     Gail A. Kundinger,
                                                     Clerk
                                                QUIT-CLAIM DEED

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

QUIT CLAIMS to SIMONS DEVELOPMENT, L.L.C., a Michigan Limited Liability Company, of 3018 N.
Riverwood Drive, Twin Lake, Michigan 49457,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

              CITY OF MUSKEGON GUNN'S SUBDIVISION OF PART OF BLOCK 2, EAST 44 FEET OFLOT 2,
              BLOCK 1

for the sum of: One Dollar ($1.00)

PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Gran tor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.

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    of..sl'A day of /4 !"G/2          , 2004.
Signed in the presence of:




      ::S-o   A,,.,,, K,0 k, "''> IC ;
STATE OF MICHIGAN
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this d{~/, day of ,c          ma
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
                                                                                                     /2         ,
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.


PREPARED BY: John C. Schrier
Parmenter O'Toole
                                                       ~1                !~Notary Public
                                                      Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786                      My Comm. Expires:    9-cR.S-- 0 (p
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                      SEND SUBSEQUENT TAX BILLS TO: Grantee


C:\DOCUME~1\anguilm\LOCALS~1\Temp\BF7585.doc
                                                     QUIT-CLAIM DEED

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

QUIT CLAIMS to PA TRICK STONE and JULIA STONE, husband and wife, of 704 Marquette Avenue,
Muskegon, Michigan 49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

             CITY OF MUSKEGON GUNN'S SUBDIVISION OF PART OF BLOCK 2, WEST 14 FEET OFLOT 2,
             BLOCK I

for the sum of: One Dollar ($ 1.00)

PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.

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   dSid_ day of ,/JJacc/z                  ,2004.

Signed in the presence of:                                         crr:~:~:iUSKEGO

~d-lih                                                             By
                                                                   Stephe
                                                                                       .



 ~ (h________,        k ~1:4:u>--tlG ·
  -:So Av,,_,         }< {v I<. bv' slC,

STATE OF MICHIGAN
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this cJ,jfli day of Cf re-       7J1          h
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.


PREPARED BY: John C. Schrier
                                                              ~
                                                              Li/144   r.
                                                                              Arr~ r
                                                                            flo
                                                                                           &tfvi
                                                                                        , Notary Public
Parmenter O'Toole                                         Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786                          My Comm. Expires:    9'. • d,S-- tJ 6
Muskegon, MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                          SEND SUBSEQUENT TAX BILLS TO: Grantee


C:\DOC UME-1 \anguilm\L OCA LS~ 1\Temp\BF7 585.doc
Vacant Non-Buildable City-Owned Lot                                                                                                                                                                                                                                                                                                                                                                                          N


712 Marquette Avenue                                                                                                                                                                                                                                                                                                                                                                                                        W~E

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                                                   Patrick & Julia Stone                                                                                   /                                                                         Simons Development, LLC
                                                                                                                                                                                                                                                                                                                                          I   en                                                    Subject Property(ies)
                                                   704 Marquette Avenue                                                                                    I                                                                         720 Marquette Avenue                                                                                 !   G)                                                      to be sold
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                  Commission Meeting Date: March 23, 2004




Date:          March 16, 2004
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development c..£,c...
RE:           Sale of Non-Buildable Lot at 214 Washington Avenue


SUMMARY OF REQUEST:

To approve the sale of a vacant non-buildable lot (Parcel #24-205-398-0010-00) at 214
Washington Avenue to Dante Agnew, oier of 222 Washington Avenue, Muskegon,
Ml. Approval of this sale will allow Mr. W•~      to expand his current yard, as well as
have a buildable lot (see attached map). The property owner to the east of this City-
owned lot is a landlord with numerous outstanding invoices, and was therefore was not
considered as a candidate to purchase a portion of this lot. This lot is being offered to
Mr. Agnew for $1 under the Dollar Lot Marketing Plan.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed 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 the resolution and deed.

COMMITTEE RECOMMENDATION:




3/1 6/2004
                                  CITY OF MUSKEGON

                                  RESOLUTION #2004-           2 9 ( c)


RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT

WHEREAS, the City of Muskegon has received $1 from Dante Agnew, 214 Washington
Avenue, Muskegon, MI 49441 for the purchase of a vacant, City-owned lot located adjacent to
his property at 222 Washington Avenue Muskegon (parcel #24-205-398-0010-00); and

WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance; and

WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and

WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.

NOW, THEREFORE BE IT RESOLVED; that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 LOT 10 BLK 398 be sold to Dante Agnew for $1.


                         rd
Resolution adopted this 23 day of March, 2004.

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

       Nays: None

       Absent:   Shepherd




                                                          Gail A. Kundinger, MMC
                                                          Clerk
                                      CERTIFICATION
                                           2004-29(c)
This resolution was adopted at a regular meeting of the City Commission, held on March 23, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                     CITY OF MUSKEGON



                                             By
                                                             Gail A. Kundinger, MMC
                                                             Clerk
Vacant Non-Buildable City-Owned Lot                                                                                                                                                                                                                                                                                                                   N


214 Washington Avenue                                                                                                                                                                                                                                                                                                                                W~E




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                                                QUIT-CLAIM DEED

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

 QUIT CLAIMS to DANTE' AGNEW, a single man, of P.O. Box 5072, Muskegon, Michigan 49445,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                            CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 10, BLOCK 398

for the sum of: One Dollar ($1.00)

PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.

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 t h i s ~ day of       ,&a:n.::.,A        , 2004.

Signed in the presence of:

 ~
 c·, tl
    '11
        ~
        t'r
          t1   /{.; /""-/


~' ~ \~ e, ,¼b,i,

STA TE OF MICHIGAN
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this      cJlS1/,
                                                                      day of             z2larc /2
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
                                                                                                                ,
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.


PREPARED BY: John C. Schrier
Parmenter O'Toole
                                                     ~da  = .~. lfdz
                                                       .r. /l,/7t'r ,
                                                     Muskegon County, Michigan
                                                                                      Notary Public

175 W. Apple Avenue/P.O. Box 786                     My Comm. Expires:    '} ·c,1,)-., [.} {.,
Muskegon, Ml 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                     SEND SUBSEQUENT TAX BILLS TO: Grantee



C:\DOCUME-1\anguilm\LOCALS~1\Temp\BG3636.doc
                  Commission Meeting Date: March 23, 2004




Date:          March 9, 2004
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development              C,,6C...
RE:            Sale of Non-Buildable Lot at 545 E. Forest Avenue


SUMMARY OF REQUEST:

To approve the sale of a vacant non-buildable lot (Parcel #24-205-102-0027-00) at 545
E. Forest Avenue to Donald Steele, of 539 E. Forest Avenue, Muskegon, Ml. Approval
of this sale will allow the adjacent property owner to expand his current yard (see
attached map). The other adjacent property owner was offered a portion of this lot, but
was not interested. This lot is being offered to Mr. Steele for $1 under the Dollar Lot
Marketing Plan.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed 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 the resolution and the deed.

COMMITTEE RECOMMENDATION:




3/9/2004
                                   CITY OF MUSKEGON

                                    RESOLUTION #2004-2 9 ( a )

RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT

WHEREAS, the City of Muskegon has received $1 from Donald G. Steele, 539 E. Forest
A venue, Muskegon, MI 49442, for the purchase of a vacant, City-owned lot located adjacent to
his property at 545 E. Forest Avenue (parcel #24-205-102-0027-00);

WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance,

WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;

WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.

NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 LOT 27 BLK 102 be sold to Donald E. Steele for $1.


Resolution adopted this 23rd day of March, 2004.

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

       Nays: None

       Absent:   Shepherd




                                                          Gail A. Kundinger, MMC
                                                          Clerk
                                      CERTIFICATION
                                           2004-29(d)
This resolution was adopted at a regular meeting of the City Commission, held on March 23 , 2004.
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
                                                             Gail A. Kundinger, MMC
                                                             Clerk
                                                    QUIT-CLAIM DEED

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

QUIT CLAIMS to DONALD G. STEELE, a single man, of 539 E. Forest Avenue, Muskegon, Michigan 49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

          CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 27, BLOCK 102

for the sum of: One Dollar ($1.00)

PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.

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 c,?Ji/2 day of      £Jqrc, /2            , 2004.

Signed in the presence of:

(~~
i //7 ti A") / ,-r/'
          Cf


9)o~ 1~~;;,1l
 -:so I-\"" K < 1.<Q 10"'\: '. i
                        0



STATE OF MICHIGAN
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this c('..Jf/2 day of          zz:'a [ cA
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City.


PREPARED BY: John C. Schrier                             L;iJ {I  s.:                  ,
                                                                                    Notary Public
Parmenter O'Toole                                        Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786                         My Comm. Expires: 9·8S-:,.O /,
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                         SEND SUBSEQUENT TAX BILLS TO: Grantee



C: \DOC UM E~ 1\anguilm\LOCALS-1 \Temp\BG0325.doc
                  Commission Meeting Date: March 23, 2004




Date:          March 9, 2004
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development d!f.,,
RE:           Sale of Non-Buildable Lot at 1355 Leonard Avenue


SUMMARY OF REQUEST:

To approve the sale of a vacant non-buildable lot (Parcel #24-613-000-0827-00) at
1355 Leonard Avenue to Richard Finneman, owner of 1363 Leonard Avenue,
Muskegon, Ml. Approval of this sale will allow the adjacent property owner to build a
home on his current property, which will include this parcel (see attached map). The
other adjacent property owner was offered a portion of this lot, but didn't respond. This
lot is being offered to Mr. Finneman for $1 under the Dollar Lot Marketing Plan.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed 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 the resolution and deed.

COMMITTEE RECOMMENDATION:




3/9/2004
                                 CITY OF MUSKEGON

                                  RESOLUTION #2004- 2 9 ( e)

RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT

WHEREAS, the City of Muskegon has received $1 from Richard Fim1eman, 3323 Worden Road,
Muskegon, MI 49445 owner of 1363 Leonard Avenue, for the purchase of a vacant, City-owned
lot located adjacent to his property at 1355 Leonard Avenue (parcel #24-613-000-0827-00);

WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance,

WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;

WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.

NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON URBAN
RENEWAL PLAT NO 4 LOT 827 be sold to Richard Finneman for $1.


                         rd
Resolution adopted this 23 day of March, 2004.

       Ayes:carter, Davis, Gawron, Larson, Spataro, Warmington

       Nays: None

       Absent: Shepherd




                                                          Gail A. Kundinger, MMC
                                                          Clerk
                                      CERTIFICATION
                                         2004-29(e)
This resolution was adopted at a regular meeting of the City Commission, held on March 23, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                     CITY OF MUSKEGON




                                             By
                                                             Gail A. Kundinger, MMC
                                                             Clerk
I   Vacant Non-Buildable City-Owned Lot                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               N


    1355 Leonard Avenue                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              W~E

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          JIit'
                                                QUIT-CLAIM DEED

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

QUIT CLAIMS to RICHARD FINNEMAN, a married man, of3323 Worden Road, Muskegon, Michigan 49445,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

         CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 4, LOT 827

for the sum of: One Dollar($ I .00)

PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.

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

Dated this   dJi-,I day of 7/Ja[l It            ,2004.
                                                                                                                       )
Signed in the presence of:


 ..:,11,; /'o ~
~~/}
              ,~ I" t',r
 ~ Q= k 1c-<J~ slG:

STATE OF MICHIGAN
COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this      o?Sl'/2
                                                                      day of             ffearc./2
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.


PREPARED BY: John C. Schrier                          t'~~_J"
                                                      LLJ: r ,    ~/ft'            Notary Public
Parmenter O'Toole                                     Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786                      My Comm. Expires:   9 ·,;zs-:·0 ~
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee                      SEND SUBSEQUENT TAX BILLS TO: Grantee



C:\DOCUME-1\anguilm\LOCALS~1\Temp\BG0313.doc
                 Commission Meeting Date: March 23, 2004




Date:         March 16, 2004
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development ~
RE:          Zoning Ordinance Amendment for Permits



SUMMARY OF REQUEST:

Request to amend Section 2311 (Accessory Structures and Buildings) of Article XXI II
(General Provisions) of the City's Zoning Ordinance to add language regarding permits.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to add language regarding
permits . .

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 3/11 meeting.
The vote was unanimous with T. Johnson absent.




3/16/2004
          Commission Meeting Date: March 23, 2003




Date:       March 16, 2004
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department cef:-
RE:         Resolution of Commitment and Cooperation from
            the City of Muskegon for the Mainstreet Program


SUMMARY OF REQUEST: The Neighborhood Investment Corporation
(NIC) currently has a local Mainstreet designation. Funding has come
from both the Downtown Arts and Entertainment District and NIC. The
opportunity is now available to apply for a State Mainstreet designation.
This would allow for direct training and other benefits from the National
Trust for Historic Preservation Mainstreet program. NIC will be making
application to the State for this designation. The attached resolution
lends the commitment and cooperation of the City of Muskegon in this
effort.



FINANCIAL IMPACT: No direct impact, although the City would commit
to in-kind services through the Planning and Economic Development
staff (e.g., mapping, printing).



BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign.
                                 Resolution No. 2004-29 ( g)

                         MUSKEGON CITY COMMISSION

  RESOLUTION OF COMMITMENT AND COOPERATION FROM THE CITY OF
            MUSKEGON FOR THE MAINSTREET PROGRAM

WHEREAS, The Muskegon City Commission supports the National Trust for Historic
Preservation Mainstreet program approach; and,

WHEREAS, this is a four-point approach which includes organization, design, historic
preservation and economic restructuring, which, over the past 35 years, has been
instituted in nearly 1,600 communities in 38 states, spuning a total investment of $16
billion and the creation of 56,000 new businesses and 226,000 new jobs into traditional
downtown business districts in America; and,

WHEREAS, the Neighborhood Investment Corporation and the Downtown Arts and
Entertainment Committee have partnered to form a local Mainstreet initiative for Western
Avenue and the Third Street corridor; and,

WHEREAS, the Michigan Economic Development Corporation is offering a State
designated Mainstreet program, which would strengthen and add to the existing local
program;

NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon, provide it's support for an application through the Neighborhood Investment
Corporation for a State Mainstreet designation.

BE IT FURTHER RESOLVED that, if such designation is granted, the City Commission
shall lend it's commitment and cooperation to the State designated Muskegon Mainstreet
program, as it currently is doing for the local Mainstreet program.
                  rd
Adopted this 23     of March, J004.

       AYES:      Carter, Davis, Gawron, Larson, Spataro, Warmington

       NAYS:      None

       ABSTAIN:




                                            Attest:~ ~ ~ ~ ::::_~ ~ ~ ~ ~ ~ ~
                                                    Gail Kundinger, City Clerk
                                  CERTIFICATION
                                    2004-29(g)


This resolution was adopted at a regular meeting of the City Commission, held on March
23, 2004. 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
Date:     March 11, 2004
To:       Honorable ~aJ~~ City Commissioners
From:     Ric Scott ~
RE:       Beverage Vending Contract for Parks


SUMMARY OF REQUEST:
To award a contract to Pepsi to provide vending service
throughout the City Parks


FINANCIAL IMPACT:
Approximately $5,000 in revenue


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
The Leisure Services Board recommends that a contract be
awarded to Pepsi
A ffirma tive Action
(231)724-67 03
FAX: (23 1)722- 12 14




g •JWI.P6~1Brn rtmcnt
FAX: (23 1)726-56 17


C ity Manager                                          West Michigan's Shoreline City
(231 )724-6724
FAX: (231)722-1214


Civil Service
 231)724-67 16
1?AX: (23 1)724-4405 Date:             March 11, 2004
                         To:           Honorabl.e M~y~~~~ City Commissioners
C ler k
(231)724-6705
FAX: (23 1)724-4 178     From :        Ric Scott ~
                         Re:           Beverage Vending Contract for Parks
                         On Tuesday, March 2 nd , three proposals were received for
                         the request to vend beverages at City Leisure Services
Co mpute r Info.
                         outdoor facilities.     Proposals were received from:
(2~m 'i'.j'_~ 744
FAX: (23 1)722-430 1
                         Company               Address                                        Percentage
~ •~,il~'i1.t -nifcrt.   Pepsi                 4900 Paul Ct.                     Muskegon     40%
FAX: (23 1)727-6904
                         Coca Cola             1208 Butterworth                  GR           40%
~~r)
   wil%
FAX: (23 1)724-6768      Seven Up              900 Brooks Ave                    Holland      35%
                         Coca Col.a did offer an incentive of $.25 per case                           sol.d
                         and would provide 25 free cases of pop. Seven Up                             would
                         provide 50 free cases of Pop. Whil.e Pepsi forgot                            to
Income Tax
(231)724-6770
                         answer that question in their proposal, they al.so                           woul.d
FAX: (23 1)724-6768      provide up to 50 free cases of pop for special
                         activities.
/£:ifffi~~~NJ-vices
FAX: (23 1)728-437 1     Staff has not been happy with the service from coke in
                         the past couple of years. The additional revenue from
Leisure Services
(23 1)724-6704           the $.25 bonus per case amounts to about $100 base on
FAX: (23 1)724- 1196
                         last year s numbers. Staff believes that if Pepsi does a
                         better job of fil.l.ing the machines and keeping them
~W'f~t~~Urc
FAX: (23 1)722-1214      operational, that income would easily be made up by
                         greater sales.
Plannini,/Zoning
(23 1)72.f-6702
FAX: (231)724-6790       At their meeting on Monday, March 15th , the Leisure
                         Services Board recommended that a contract be awarded to
                         Pepsi.
                         Staff is recommending that we award a contract to Pepsi
                         whose office is in the greater Muskegon area.
                         Thank you for your consideration.
Treasurer 's O ffice
(231)724-6720
FAX: (23 1)724-6768




Water Filtration
(23 1)724-4 106
FAX: (23 1)755-5290

                               City of Muskegon, 933 Terrace Street, P.,O. ~ ox 536, Muskegon, Ml 49443-0536
                                                          www.shorehnec1ty.com
      Commission Meeting Date:          March 23, 2004


Date:      March 1 0, 2004
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Approval of Conveyance Application to the State
           of Michigan


SUMMARY OF REQUEST: To approve the Community and
Neighborhood Services office request to obtain 407 Catherine from the
State of Michigan which is currently an attractive nuisance in the
Community. After the CNS office obtains 407 Catherine the remaining
structure will be demolished and the site will be redeveloped.


FINANCIAL IMPACT: CNS office will supply three hundred dollars for
the application from available HOME funding. The cost of demolition,
which will be approximately $8,500, will also be covered by HOME funds
from a prior year allocation


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: To approve the request and have the
Mayor sign the application to the State of Michigan.



COMMITTEE RECOMMENDATION: None
                                    Michigan Department of Natural Resources                                            -FOR       DNR    USE         ONLY-
                                           Office of Land and Facilities                                        Approval           Application          Approved
                                                                                                                     Date               Fee                 By
                        APPLICTION FOR CONVEYANCE OF STATE
 DN"ir
                             LAND FOR PUBLIC PURPOSES
                                       This infonnation ls required to obtain a deed                          OPTION:            • 1      • 2         • 3
                            by Authority of Part 21, Subpart 1, Act 451, PA 1994, as amended
                                                                                                                            PUBLIC USE NUMBER




                                ISSUE DEED TO:                                                                MAIL DEED TO:
NAME                                                                                   NAME
           City of Muskegon                                                                     City of Muskegon
ADDRESt)          )                                                                    NAME
              3       Terrace, PO Box 536                                                       Community and Neighborhood Services
CITY                                      I STATEMI          I ZIP CODE                MAILING ADDRESS
           Muskegon                                             49443                           933 Terrace, PO Box 536
COUNTYMuskegon                                                                         CITY
                                                                                                Muskegon                    I   STAJi            I   ~\JiiD1

                                       LEGAL DESCRIPTION

o SEE ATTACHED SHEET
                                                                                                                       -FOR DNR USE ONLY-
                                                                                                                 DEED NUMBER
           City of Muskegon Revised Plat 1903 Lot 6
                                                                                                                 L
           Block 79
                                                                                                                 p
            (407 Catherine #61-24-205-079-0006-00)
                                                                                                                 ABSTRACT

                                                                                                                 CHECKED




It is expressly understood that:
                                                                                                  Redevaopment existing structure
      1.    The land herein described shall be used solely for the following purposes:
           will be demolished and new construction will take place.                                                                 Structure is
           a p6tential nuisance.
      2.    If lands are conveyed or transferred for a nominal fee and are subsequently sold by the government unit for a valuable consideration, the
            proceeds from any such sale after deducting said fee and any amount paid by the local government units for maintaining said lands in
            condition to protect the public health and safety shall be accounted for to the state, county, township and school district in which the lands are
            situated pro rated according to their several interests therein arising from the nonpayment of taxes and special assessments thereon as such
            interest shall appear in the offices of the state treasurer, county, city or village treasurers.

      3.    The deed issued by the State of Michigan may reserve to the State of Michigan all mineral rights including coal, oil and gas, etc., rights of
            ingress and egress over and across lands lying along any watercourse or stream, pursuant to the provisions of Act 451, P.A. 1994, as
            amended and all aboriginal antiquities, mounds, earthworks, etc., pursuant to the provisions of Act 451 P.A. 1994.



Applicant Name        S t ephen Wc(rm"j_· " ~                                  Title    Mayor                               Date   3-;;s·-o l/
                                                                               -~-- -. ·-._

Applicant Signatu~>·               ~                            )~                            ------       Phone Number(<K3/       )_Zd__(!._- 6.70/
                 ( ___.              7~
                                                                   '
Mail completed applicatio~ a   --.ti                 '
                                 heck d'-.~ey order made                                  For DNR Cashier's Use Onlv - Do Not Write Below
payable to the "State of Michigan" to:
    CASHIERS OFFICE
    MICHIGAN DEPARTMENT OF NATURAL RESOURCES
    PO BOX 30451
    LANSING Ml 48909-7951
PR 6202 (Rev. 06/27/2003)
      /(




-~-
Date:        March 23, 2004
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Austin St. Barney to Delano


SUMMARY OF REQUEST:
The contract to reconstruct Austin St. (H-1544) between Barney and Delano be awarded
to Grant Tower Excavating out of Grant, Ml. Grant Tower was the lowest, see attached
bid tabulation, responsible bidder with a bid price of $169,440.81


FINANCIAL IMPACT:
The construction cost of $169,440.81 plus related engineering expenses.



BUDGET ACTION REQUIRED:
None.



STAFF RECOMMENDATION:
Award the contract to Grant Tower Excavating



COMMITTEE RECOMMENDATION:
~
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         8
Date:     March 11, 2004
To:       Honorable 8'.'a~ and City Commissioners
From:     RicScott    ~a¢/
RE:       Beach leveling Bids


SUMMARY OF REQUEST:
To award a contract with Felco Contractors to level Pere
Marquette Beach and remove the snow fence.


FINANCIAL IMPACT:
Contract Price $57,100 which represents about a $9,500 saving
from having City workers do the work.


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Affir mative Action
(231 )724-6703
FAX: (23 1)722-12 14



Mo'•m'.fWs"1i,a,ion
F AX: (2 31)726-518 1



8~'l)1i4'.6~Jrrtmenl
FAX: (231)726-56 17


C ity Ma nager                                        West Michigan's S1101-eline City
(231 )724-6724
FAX: (23 1)722-1214

                        Date:           Mar ch 11 , 2004
C ivil Service
(23 1)724-6716
FAX: (231)724-4405      To:             Honorable      ~)IJ Y~            City Commissioners

Clerk
                        From :          Ric Scott / ~
(231)724-6705
F AX: (231)724-4 178    Re:             Beach Leveling Bids
Communily and           On Tuesday, March 9 , 2004, three bids were received as
(2~f{¥!':1-~w~ces       follows for the leveling of the beach and the removing of
FAX: (231)726-2501
                        the snowfence at Pere Marquette Park:
Computer Info.
(2~m~'.l'-~744
                        Company                        Address                                Bid            Alt
FAX: (23 1)722-4301
                        Felco Contractors, Inc. 850 Pulaski Ave .                  Muskegon   $57,100        $3,800
                        McCormick Sand Co.             995   s.   102nd St.         Shelby    $58,200        $5,040
                        Jackson Merkey                 555 E. Western              Muskegon   $95,870        $11,900
                        The alternate bid is to remove the sand in the parking lots.
                        Based on the 2003 hours worked for both seasonals and full -
r-l!itNif!i,192         time employees, and the rental of equipment from both the
FAX: (23 1)724-698S
                        Equipment Fund and from an outside vendor , staff projects
Income Tax
                        the 2004 costs to level the sand and remove the fence to be
(23 1)724-6770
FAX: (23 1)724-6768     $66,524.23. A savings to the Parks budget of just under
                        $9,500 would be realized if the contract were awarded to the
                        low bid of Felco.
                        Staff is recommending that you award a contract to Felco
Leisure Services        Contractors to level the beach and to remove sand from the
(231)724-6704
FAX: (23 1)724-1196     parking lots. This will not result i n the loss of any full -
                        time pos i tions, as the people doing the work were DPW
                        employees that were paid from the Parks budget. We simply
                        will be shifting dollars to the contractual Services account
Plannine/Zoni ng        from the equipment rental account. The seasonal savings are
(231)724'- 6702
FAX: (231)724-6790      already in the contractual service account .
                        The union has already been given a 30- day notice about
                        contracting out and we have not heard from them .
                        I am recommending That you award a contract to Felco
                        Contractors in the amount of $60,900 to remove the fencing,
                        level the beach and remove the sand from the parking lots at
Treasurer's Office
(231)724-6720           Pere Marquette Park.
FAX: (231)724-6768
                        Thank you for your consideration.
m:iM'.~~"lliDept.
FAX: (231)724-6768


Water Filtration
(231)724-4106
FAX: (231)755-5290

                              City of Muskegon, 933 Terrace Street, P._o. ~ox 536, Muskegon, MI 49443-0536
                                                         www.shorelmec1ty.com
              Service Employees International Union
                       Local 517M Unit 2

March 15, 2004



Rick Scott
Director of Leisure Services
City of Muskegon



Dear Rick:

We recently received your notice of intent to contract out Local 517M Unit 2 work.
While we never want to lose any of our work, especially when we have two of our union
brothers laid off and unemployed, we feel we need to bring forward a couple of our
concerns. As we researched the expenses of last years beach leveling project, a number
of items stood out that need explanation. First of all there are the rental charges of the
bulldozer and the labor charges from Kelley Services. Over the years the water level at
the beach has receded more and more, as a result of this it has made moving the large
amounts of sand with a front end loader impractical. While operating on sand a large
bulldozer is the most efficient method to move the quantities of sand needed for long
distances.

The City does not cun-ently own a bulldozer which means we have to rent a bulldozer
fmm a rental agency or local contractor. As you know even with your own automobile it
normally is cheaper in the long run to own your own as opposed to renting one. The
problem for the City is that we do not have the amount of work needed to make an
$800,000 bulldozer cost efficient to own and operate. We are absolutely certain at Local
517 that given an equal and level playing field, we will give our taxpayers the best value
for their investment.

Furthermore we would like you to know that one of the unique things about leveling the
beach is the sandy environment and its long-term impact on heavy equipment. Pure sand
is one of the worst possible places to operate heavy equipment. With the type of damage
that sand imposes on the equipment, even if all the bids were equal, the City would still
end up the loser. Because of the inhospitable environment, rental fees, the long tenn and
extensive damage to expensive equipment and all the hours spent by our mechanics
repairing and maintaining this equipment, we feel these extra costs would wipe out any
possible savings Local 517 could provide by perfo1ming the work in house with our
current equipment and water levels as they are.
Regarding the manpower provided by Kelley Services, there are a couple of facts that
must come to light. The removal of snow fence has to be perfonned in conjunction with
the leveling process and is currently very labor intensive, this was not always the case.
There are a couple driving factors behind this, first of which is again the water level.
With the water levels this low a large amount of snow fence has been put in place in an
attempt to retain the sand on the beach during the winter stmms. Secondly we feel that
the current amount of fence being placed at the beach is excessive and not totally
effective and cost efficient, especially in light of the cities ctment budget situation. Fewer
fences in place equate to less labor to install it in the fall and to remove it in the spring.
This could further save the City badly needed funds.

Before concluding our response, we would like to thank our Equipment Supervisor Mr.
Brett Kraley for his assistance providing us with some estimates of the current costs of
renting and/or purchasing the types of equipment needed to perfonn this type of work.

In conclusion we feel because of our cmTent budget situation, with water levels at near
record low levels requiring a lengthier cleanup effort, it is in the best interest of the
taxpayers and citizens of Muskegon to seek competitive bids for this work at this time.
In the future as water levels rise and the amount of beach diminishes requiring less fence
and less labor, we feel it would be practical to once again level the beach with our own
manpower and equipment.


Sincerely,


~~~~)'0
Terry Redmon
President
S .E.I. U. Local 517M
Unit2
                                    AGENDA ITEM NO. _ _ _ __

                               CITY COMMISSION MEETING       3/9/04


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          March 2, 2004

RE:            Public Safety Administration Ordinances


SUMMARY OF REQUEST:

To adopt three ordinances to implement the proposed Public Safety Administrative
Consolidation.



FINANCIAL IMPACT:

First year savings of over $100,000.



BUDGET ACTION REQUIRED:

The savings will be accounted for in a future quarterly budget update.



STAFF RECOMMENDATION:

To approve the attached ordinances.



COMMITTEE RECOMMENDATION:

The City Commission endorsed the consolidation concept on February 24, 2004.




O:COMMONIDEPTMENT\ADMINIAGNDAFRM
JMS - O: (PUBLIC SAFETY CONSOLIDATION-ORDINANCES)
                                  CITY OF MUSKEGON
                                   Ordinance No. 2126

       An ordinance amending the Police and Fire Retirement System Ordinance
       of the City of Muskegon.

THE CITY OF MUSKEGON HEREBY ORDAINS:

Chapter 62 of the Code of Ordinances is amended to read as follows:

I.      Section 62-232 is amended to read as follows:

       Sec. 62-232. Definitions.

The following words, terms and phrases as used in this article shall have the meaning set
forth in this section unless a different meaning is clearly required by the context.

       Accumulated contributions means the sum of all amounts credited to a member's
individual account in the reserve for employee contributions, including regular interest.

       Actuarial equivalent means of equal pension reserve value (present value).

       Beneficiary means any person except a retirant who is being paid a pension by the
retirement system.

       Board means the board of trustees provided by this article.

       City means the City of Muskegon, Michigan.

       Commission means the city commission of the city.

        Compensation means the salary or wages paid a member by the city for personal
services rendered to the city as a police officer or firefighter. Compensation shall include:
       (!)     Payments based on unused sick leave subject to the following maximum:
               The amount computed on the maximum amount of sick leave a member
               could accrue over the period of credited service used in computing his
               final average compensation;
       (2)     Holiday pay;
       (3)     Vacation pay (current year accrual), provided, for police command
               officers who retire after January 1, 1992, and for police patrol officers, the
               amount of vacation pay to be included in compensation shall include
               accrued and unused vacation days from the period of one (I) year prior to
               the member's retirement date for a maximum of20 accrued unused days.
               Vacation pay (current year accrual), provided, for firefighters and officers
               who retire after January 1, 1993, the amount of vacation pay to be
               included in compensation shall include accrued and unused vacation days
               from the period of one year prior to the member's retirement date, for a
               maximum of 12 accrued unused days;
       (4)     Longevity pay;
       ( 5)    Pay while absent from work on account of illness;
       (6)     Termination or severance pay;
       (7)     Overtime pay on or after January I, 1976 for firefighter members, on or
               after January I, 1997 for police command members and on or after
               January I, 2002 for police patrol, and;
       (8)     Educational bonus for police command officers on or after January I,
               2001 and for police patrol officers on or after January 1, 2002; and
       (9)     Items of a similar nature as determined by the board.
The term "compensation" shall not include:
       (1)     Overtime pay to police command members prior to January 1, 1997 and
               police patrol members prior to January I, 2002;
       (2)     Overtime pay prior to January 1, 1976, to firefighter members;
       (3)     Allowances for clothing, equipment, travel, and similar items;
       (4)     Reimbursement of expenses;
       (5)     The value of any fringe benefit not specifically included; and
       (6)     Items of a similar nature as determined by the board.
     Credited service means the number of years and months of service credited a
member as provided in this article.
         Final average compensation means, for a police officer member who terminates
city employment prior to January I, 1978, or a firefighter member who terminates city
employment prior to January 1, 1976, one-fifth of the compensation paid a member
during the period of five consecutive years of his credited service producing the highest
average. The five consecutive years of credited service shall be contained within the
member's last ten years of credited service. Ifhe has less than five years of credited
service, final average compensation means the annual average of the compensation paid
him for his total period of credited service. The term "final average compensation" means
for a firefighter member who terminates city employment on or after January 1, 1976, or
a police officer member who terminates city employment on or after January 1, 1978,
one-third of the compensation paid a member during the period of three consecutive
years of his credited service producing the highest average. The three consecutive years
of credited service shall be contained within the member's last ten years of credited
service. If he has less than three years of credited service, final average compensation
means the annual average of the compensation paid him for his total period of credited
service. For a police officer member who terminates employment on or after January I,
1989, the term "final average compensation" shall mean one-third of the compensation
paid the police officer member during the period of any three of his last five years of
credited service producing the highest average. If he has less than three years of credited
service, the term "final average compensation" means the annual average of the
compensation paid him for his total period of credited service.
         Final compensation means the annual rate of compensation being paid a member
at the time his city employment as a police officer or firefighter last terminates.
       Firefighter means a permanent employee of the fire department who holds the
rank of firefighter, or higher rank, and who has taken the oath required in Chapter IV of
the Charter of the city. The term "firefighter" shall not include temporary or civilian
employees of the fire department.

        Fire Chief means fire chief or deputy director of public safety for fire services.
       Member means any person who is included in the membership of the retirement
system.
        Pension means an annual amount payable by the retirement system throughout
the future life of a person, or for a temporary period, as provided by this article. All
pensions shall be paid in equal monthly installments.
        Pension reserve means the present value of all payments likely to be made on
account of a pension. The present value shall be computed upon the basis of such
mortality and other tables of experience, and regular interest, as the board shall from time
to time adopt.
        Police Officer means a permanent employee of the police department who holds
the rank of patrolman, or higher rank, and who has taken the oath required in Chapter IV
of the Charter of the city. The term "police officer" shall not include temporary or civilian
employees of the police department.

       Police Chief means police chief or director of public safety.
       Regular interest means such rate or rates of interest per annum, compounded
annually, as the board shall from time to time adopt.
       Retirant means any member who retires and is being paid by the retirement
system on account of his membership in the retirement system.
        Retirement system and system mean the city police-fire retirement system
established by this article.
        Service means personal service rendered the city as a police officer or a firefighter
in the employ of the city.

This ordinance adopted:

       Ayes: Davis, Gawron, Larson, Spataro, Warmington, Carter
       Nays: None
Adoption Date: March 23, 2004 _ _ _ _ _ _ _ _ _ __
Effective Date: April 9, 2004
First Reading: March 9, 2004
Second Reading : March 23, 2004 _ _ _ _ _ _ _ _ _ __


                                                     CITY OF MUSKEGON


                                                     By    /Jew,Q. ~0
                                                          Gail A. Kundinger, MMC
                                                          City Clerk




                                      CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 23rd day of March, 2004,
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: March 23, 2004




                                         Gail A. Kundinger, MMC
                                         Clerk, City of Muskegon


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

TO: ALL PERSONS INTERESTED


        Please take notice that on March 23, 2004, the City Commission of the City of
Muskegon adopted amendments to Chapter 62 of the Muskegon City Code concerning
the Police and Fire Retirement system, summarized as follows:

       1.     Section 62-232 is amended to define fire chief to be either fire chief or
              deputy director of public safety for fire services and defines police chief to
              be either police chief or director of public safety.

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

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

Published: March 30, 2004                            CITY OF MUSKEGON



                                                     By_ _ _ _ _ _ _ _ __
                                                       Gail A. Kundinger, MMC
                                                       City Clerk

----------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
                                    City of Muskegon
                                Muskegon County, Michigan

                                  ORDINANCE NO. 2127

The City Commission of the City of Muskegon hereby ORDAINS:

    Chapter 46 of the Code of Ordinances of the City of Muskegon concerning Law
Enforcement is amended, as follows:

1.   Section 46-31 shall be amended to read, as follows:

     Adoption.

            Sec. 46-31. Composition; appointment and oath of members.

            (a)     The police department shall consist of a chief of police, to be appointed by
            the city manger, and one or more captains, lieutenants, sergeants, secretaries,
            clerks, and such number of police officers with pay and such number of special
            police, guards, and security guard supervisors with or without pay as shall be
            deemed necessary by the chief of police, to be appointed by the chief of police
            with the approval of the city manager. All new members of the department,
            except secretaries and clerks, must be sworn in and take an oath of office.

            (b)     Throughout this Chapter, the title of"chief of police" or "police chief'
            may be used interchangeably and shall be meant to include the title of director of
            public safety.

This ordinance adopted:


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

Adoption Date:      March 23, 2004

Effective Date:     April 9, 2004

First Reading:      March 9, 2004

Second Reading:    March 23, 2004




                                                 : TY;;:KEQ
                                                          ~N~
                                                     Gail A. Kundinger, MMC
                                                     City Clerk
                                        ORDINANCE NO. 2127
                                          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 23rd day of March                     , 2004, 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



   DATED:         March 23     , 2004
                                                               LJi .
   Michigan of 1976, as amended, and that minutes were kept and will be or have been made
   available as required thereby.

                                                                       UVA
                                           Gail A. Kundinger, MMC
                                           Clerk, City of Muskegon

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




C:\WINDOWS\TEMP\BE9334.doc
                                          CITY OF MUSKEGON
                                         NOTICE OF ADOPTION


TO: ALL PERSONS INTERESTED


        Please take notice that on March 2 3 , 2004, the City Commission of the City of
 Muskegon adopted amendments to the Muskegon City Code c o n c e r n i n g ~
-C0de; summarized as follows:                                        /,,, q,.,.; (...-i 'fiJ,ct                   ,.,,.e.rvr
         1.       Section 46-31 shall be amended define the title of "chief of police" or "police
                  chief' to also mean director of public safety.

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

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

                                                      CITY OF MUSKEGON

Published       March 30           , 2004             By_ _ __ _ _ _ _ __ __ _ __ _
                                                        Gail A. Kundinger, MMC, Its Clerk

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




C:IWINDOWSITEMPIBE9334.doc
•   I
                                             City of Muskegon
                                         Muskegon County, Michigan

                                          ORDINANCE NO. 2 12 8

        The City Commission of the City of Muskegon hereby ORDAINS:

            Chapter 30 of the Code of Ordinances of the City of Muskegon concerning the Fire
        Prevention and Protection Code is amended, as follows:

        1.   Section 30-31 shall be amended to read, as follows:

             Adoption.

                    Sec. 30-31. Composition; filling of vacancies.

                    (a)      The fire department of the city shall consist of one chief, to be appointed
                    by the city manager, one or more assistant chiefs, battalion chiefs, captains,
                    lieutenants, mechanics and firefighters, as shall be deemed necessary by the chief
                    of the fire department, to be appointed by him with the approval of the city
                    manager.

                    (b)     The chief of the fire department with the approval of the city manger, shall
                    fix and determine the number of regular members of the department, and when a
                    vacancy occurs in the department, shall file a written notification with the civil
                    service commission. The chief shall, from the list of three names submitted by
                    the civil service commission, select a probationary member for such vacancy.

                            Throughout this Chapter, the title of "chief' or "fire chief' may be used
                    interchangeably and shall be meant to include the title of deputy director of public
                    safety for fire services.

        This ordinance adopted:


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

        Adoption Date:
                          - - -March
                                ---  23, 2004
                                       -------
        Effective Date:        April 9, 2004
                          -------------
        First Reading:         March 9, 2004
                          - - - - - - - - -- - - -
        Second Reading: ___
                          M_a_rc_h_2_3_,_2_00_4_ _ __



                                                         CITY OF MUSK.EGON


                                                         By:   ___}~~~Q
                                                                      ~,._ _ _'.~~~~~u_
                                                               Gail A. Kundinger, MMC
                                                               City Clerk
                                        ORDINANCE NO. 2128
                                         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 23rd day of           March            2004, 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:          March 23    , 2004
                                           Gail A. Kundinger, MMC
                                           Clerk, City of Muskegon

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




C:\WIN DOWS\TEMP\BE9329.doc
                                       CITY OF MUSKEGON
                                      NOTICE OF ADOPTION


TO: ALL PERSONS INTERESTED


       Please take notice that on March 23   2004, the City Commission of the City of
Muskegon adopted amendments to the Muskegon City Code concerning the Fire Prevention
Code, summarized as follows:

         1.       Section 30-31 shall be amended define the title of "chief'' or "fire chief'' to also
                  mean deputy director of public safety for fire services.

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

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

                                                 CITY OF MUSKEGON

Published          March 30       2004           By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                   Gail A. Kundinger, MMC, Its Clerk

----------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PAS SAGE.




C:\WINDOWS\TEMP\BE9329.doc
                    Commission Meeting Date: March 23, 2004

Date:         March 8, 2004
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development                U3(_
RE:           Public Hearing and Resolution Revoking an Industrial
              Development Certificate - Hardwoods, Inc.


SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, the City of Muskegon requests that
Industrial Development Certificate (IFT) No. 00-491 issued to Hardwoods, Inc., 1885 E.
Laketon Avenue be revoked. The certificate was originally requested August 8, 2000.
Hardwoods, Inc. ceased operations March 15, 2004.

FINANCIAL IMPACT:

None, since the business never really got into production.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To hold the public hearing and authorize the Mayor and Clerk to sign the resolution revoking
IFT certificate No. 00-491.

COMMITTEE RECOMMENDATION:

None




3/8/2004                                                                            1
                                         Resolution No. 2004-31 (a)

                               MUSKEGON CITY COMMISSION

              RESOLUTION REVOKING INDUSTRIAL FACILITIES EXEMPTION
                             CERTIFICATE NO. 00-491
                               HARDWOODS, INC.

WHEREAS, the City of Muskegon issued an Industrial Facilities Exemption Certificate to
Hardwoods, Inc. in 2000; and

WHEREAS, a signed Tax Abatement Contract between Hardwoods Inc., and the City of Muskegon
took effect on August 8, 2000 with Hardwoods, Inc., agreeing to install $506,400 in machinery and
equipment; and

WHEREAS, the Industrial Facilities Exemption Certificate is scheduled to expire in 2008; and

WHEREAS, Hardwoods, Inc. will be selling it's assets at auction and has eliminated the jobs created
or retained; and

WHEREAS, Section Three of the Tax Abatement Contract states that "the closing of the Company's
facilities in the City" shall be considered an event of default; and

WHEREAS, according to Section Four of the Tax Abatement Contract, in instances of default
Hardwoods, Inc., consents to the immediate revocation of the IFT Certificate; and

WHEREAS, appropriate certified notice has been sent to Hardwoods, Inc. on March 9, 2004,
notifying the company of the intent to revoke the personal property component oflndustrial Facilities
Exemption Certificate No. 00-491.

NOW THEREFORE BE IT RESOLVED by the Muskegon City Commission that Industrial
Facilities Exemption Ce1iificate No. 00-491, for Hardwoods, Inc., is revoked.

Adopted this 23 rd day of March, 2004.

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

Nays: None

Absent:   Shepherd




                                                      Gail A. Kundinger
                                                      Clerk,MMC
                                    CERTIFICATION
                                      2004-3 l(a)


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 March 23, 2004.



                                      By__.___     · --=
                                           ~ .;....:.;.=_ Q=-.:;_
                                                             . -----'~--"'--=--=--==-<-
                                                                                  ~ -=1=-
                                                                                        GR&-
                                           Gail A. Kundinger                            0
                                               Clerk, MMC
Date:         March 23, 2004
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment Distiict for:
              MILLARD AVE., LAKE DUNES DRIVE WEST END




SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Millard from Lake
Dunes Dr. to West End project, and to create the special assessment district and appoint
two City Commissioners to the Board of Assessors if it is determined to proceed with the
project.



FINANCIAL IMPACT:
Constriction cost plus related engineering cost.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                 Resolution No.   -----




              Resolution At First Hearing Creating Special Assessment District
                       For Millard from Lake Dunes to West End
                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

I.   A hearing has been held on March 23, 2004 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 23, 2004, there were ___% objections by the owners of
     the property in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOL YEO:

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

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

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 37% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


       Nays _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __




                                                            CITY OF MUSKEGON


                                                            By _ _ _ _ _ _ _ _ _ _ __
                                                                Gail A. Kundinger, Clerk


                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 23, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                     CITY OF MUSKEGON


                                                    By _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                         Gail A. Kundinger, Clerk
                           ENGINEERING FEASIBILITY STUDY

                                               For

                  MILLARD FROM LAKE DUNES DR. TO WEST END


The proposed improvement, RECONSTRUCTION, of Millard from Lake Dunes dr. to the West
End, see attached location map, was initiated by a owners petition due to the conditions of the
road. The existing pavement has deteriorated to a point where any other type improvements
would not be feasible. The proposed improvement consists of the removal of existing pavement
and the construction of a curb and gutter road. The cross section being proposed is a 24' back to
back asphalt road with curbs.

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

The preliminary cost estimate for the work associated with paving is approximately $161,000
with the length of the project being approximately l,l l l lineal feet or 2,082.06 of assessable
front footage. This translates into an estimated improvement cost of$77.33 per assessable foot.
The assessment figure will be at a prorated cost of not to exceed $28.64 per assessable foot since
the width is only 24'. The established cost for a 27' B-B is $35.15 for this type of improvement.
                                           MUSKEGON COUNTY
                                           M             C        H                G         A     N


        BOARD OF
   COMMISSIONERS

  Paul T. Baade, Chair
             District 10

    Bill Gill, Vice-Chair                                                                 March 3, 2004
                 District 8

   Douglas A. Bennett
             District 7
                              Mohammed Al-Shatel, City Engineer
                              City of Muskegon
    Char1es L. Buzzell        933 Terrace Street
             District 2
                              Muskegon, MI 49443
  James J. Derezinski         Mr. Al-Shatel:
            District 4
                              In accordance with your request, I have examined the proposed special assessment
       Marvin R. Engle
              District 5      district entailing the paving of approximately 1,050 linear feet of Millard Avenue. The
                              purpose of this analysis is to document the reasonableness of this special assessment
    Louis A. McMurray         district by identifying and quantifying any accrued benefits. It is subject to the normal
              District 9
                              governmental restrictions of escheat, taxation, police power and eminent domain. The
        Robert Scolnik        effective date is March 3, 2004.
            District 11
                              In conclusion, it is my opinion that the special assessment amounts justly and
        I. John Snider 11     reasonably represents the accrued benefits to the properties encompassed by this
               District 3     project. The amounts reflect the sum of the immediate estimated value enhancement
      Nancy A. Waters         and the intrinsic value that will accrue from an overall increase in property values due
             District 6       to an improved quality of life created by the proposed project. The proposed special
                              assessment district encompasses primarily residential properties. The front foot rate of
Stephen R. Wisniewski
             District 1       $28.64 for the paving of the project appears reasonable in light of analysis that
                              indicates a possible enhancement of $29.64. The conclusions are based upon the data
                              presented within this limited analysis in restricted format, and on supporting
                              information in my files.


                              Sincerely,

                              J~c¼Q- ~~
                              Vicki A Emery, CMAE       3U
                              Senior Appraiser




                 EQUALIZATION DEPARTMENT • 173 E. APPLE AVE., BUILD ING C • MUSKEGON, Ml 49442
                                      (231) 724-6386 • FAX (231) 724-1129
                                                 TTY (231) 722-4103 • An EEO I ADA I AA Employer
                                                                  recycled paper
                                       EXHIBIT A



           MILLARD FROM LAKE DUNES TO WEST END

                         SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of All properties abutting Millard from Lake Dunes to
                                           West End
EXHIBIT 'J\" SPECIAL ASSESSMENT DISTRICT




                 SHORE




                                ND SCALE
March 12, 2004




Dear :OWNERS NAME
      OWNERS ADDRESS
      OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE                        1

The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS & STREET.

The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.

Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.

While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 or your ward
commissioner if you require more information.

A public hearing is also scheduled for this project on MARCH 23, 2004. If you attend this
public hearing you will be given an opportunity to present your questions and potential
concerns on the proposed special assessment district to the commission.

Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.

Thank you for your participation in improving the quality of life in the Muskegon community.
March 12, 2004




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1


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

                 NOTICE OF HEARING ON SPECIAL ASSESSMENT

Dear Property Owner:

The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:

                   MILLARD AVE.,LAKE DUNES DRIVE TO END
The proposed special assessment district will be located as follows:

           All parcels abutting Millard Ave. from Lake Dunes Drive to End
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.

                                    Public Hearings

An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 23, 2004 at 5:30
P.M. You are encouraged to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the proposed special
assessment. We are enclosing a Hearing Response Card for you to indicate your
agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost
of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
your response card to the City Clerk. Written objections or appearances must be made
at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.

By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.

                                    Estimated Costs

The total estimated cost of the street portion of the project is $161,000.00 of which
approximately 37.03% ($59,630.20) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.

The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.

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

I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.

Sincerely,




Mohammed AI-Shatel, P.E.
City Engineer
                                         SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                      Return This Card By MARCH 23, 2004
   Project Number:            H 1520
   Project Title:             MILLARD AVE.,LAKE DUNES DRIVE TO END
   Project Description        NEW CONSTRUCTION


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                            PROPERTY ADDRESS & STREET
    Parcel Number                                24-XXX-XXX-XXXX-XX
    Assessable Frontage:                         50.72       Feet

   Estimated Front Foot Cost:                    $28.64      per Foot

   ESTIMATED TOTAL COST                          $1,452.62
   Property Description
   CITY OF MUSKEGON
   LAKE MICHIGAN PARK SUB DIV# 1
   BLK 4 LOT 11
   EXC
   THAT PT LYING ELY OF A LINE DESC AS
   COM AT SECOR OF LOT 11

                                           Your vote COUNTS!




Owner
          I AM IN FAVOR      •                 CoOwner/Spouse
                                                                    I AM OPPOSED   •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




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

        Thank you for taking the time to vote on this important issue.
                                                      CITY OF MUSKEGON
                                                        STREET- H-1520
                                              MILLARD AVE., LAKE DUNES DR. TO END
                                           REQUEST FOR WAIYER OF SPECIAL ASSESSMENT
II    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. lfyou 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 Ai-ea Median
         Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
         2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
         mcome.
                                                              2003
                                                   165% MEDIAN HOUSEHOLD INCOME CHART I
                                                       FAMILYSlZE                  INCOME LIMIT

                                                              I                          $27,885
                                                              2                           31,850
                                                              3                           35,880
                                                              4                           39,845
                                                              5                           43,030
                                                              6                           46,326
                                                              7                           49,400
                                                              8                           52,585
                                                     For each extra, add                  3,185

     ✓   Applicants must submit proof that they both own and occupy property at the time of application; Land
         Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
         a deed, m011gage, or land contract; proof of occupancy can be a copy of a driver's license or other official
         document showing both your name and address.

     ✓   Applicants must submit proof of current property insurance.

     Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
     suppm1ing 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 8:30 a.m. and 5:00 p.m.
     The City rese111es the right to ver{fj, all application hiformation, and to reject any applications that contcdn fals(fied h?fhrmation or insufficient
     doc1onent at ion.
                                                 CITY OF MUSKEGON
                                                   STREET- H-1520
                                         MILLARD AVE., LAKE DUNES DR. TO END
                                      REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
I Note: You may receive this application several times - If you have already applied, please discard.
 Dear Resident:
       The City of Muskegon has selected the street abutting your prope1iy for repairs. To assist homeowners, who
       may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
       Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
       program qualifications, the City may pay the street assessment for you to the extent that funds are available.
 Application Requirements:
 ✓   Applicants must submit proof that their total household income does not exceed 65% of Area Median
     Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
     2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
     mcome.
                                                          2003
                                              165% MEDIAN HOUSEHOLD INCOME CHART I
                                                   FAMILY SIZE                 INCOME LIMIT

                                                         I                          $27,885
                                                         2                           31,850
                                                         3                           35,880
                                                         4                           39,845
                                                         5                           43,030
                                                         6                           46,326
                                                         7                           49,400
                                                         8                           52,585
                                                For each extra, add                  3,185

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

 ✓   Applicants must submit proof of current property insurance.

 Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
 supporting documentation, to:                        City of Muskegon
                                          Community & Neighborhood Services
                                              933 Terrace Street, 2nd Floor
                                                    Muskegon, MI 49440
 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The Ci(v reserves the right to ver{fy all applicatio11 i,!formation, and to reject any applications that containfa/s{fied ir{/brmation or inst!{]icienl
documentation.
                     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
                                    NOTICE OF PUBLIC HEARINGS
                                  SPECIAL ASSESSMENT DISTRICTS

IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:

                           MILLARD A VE.,LAKE DUNES DRIVE TO END
                             YUBA ST., EASTERN A VE. TO SUMNER ST.
                                                   AND
                            WESTERN AVE., PINE ST. TO TERRACE ST.
The specific locations of the special assessment districts and the properties proposed to be assessed are:

                     All parcels abutting Millard Ave. from Lake Dunes Drive to End

                        All parcels abutting Yuba St. from Eastern Ave. to Sumner St.

                                                     And

                      All parcels abutting Western Ave. from Pine St. to Terrace St.

The City Commission proposes that the City and prope1iy owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays,
except holidays.

PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON MARCH 23, 2(/1/4 AT 5:3/J O'CLOCK P.M

PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.

By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.


PUBLISH:         March 13, 2004                                      Gail Kundinger, City Clerk

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


                                      Gail A. Kundinger, City Clerk
                                 933 Terrace Street, Muskegon, Ml 49440
                                 (231) 724-6705 or TDD (231) 724-6773
                   SPECIAL ASSESSMENT                                       H 1520

    NEW CONSTRUCTION                HEARING DATE            MARCH 23, 2004

            MILLARD AVE.,LAKE DUNES DRIVE TO END
1                      KOCH CAROLE M                 ASSESSABLE FEET:              50.72
24-506-004-0011-00     3373 MILLARD AVE              COST PER FOOT:                $28.64
@ 3373.     MILLARD AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $1,452.62     1


PERCENTAGE OF TOTAL FRONTAGE          2.4360



2                      BURCH JOHN H                  ASSESSABLE FEET:              88.87
24-506-004-0009-00     3359 MILLARD AVE              COST PER FOOT:                $28.64
@ 3359.     MILLARD AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $2,545.24     1

PERCENTAGE OF TOTAL FRONTAGE          4.2684



3                      PESCH RONALD E                ASSESSABLE FEET:              46.05
24-506-004-0008-00     3351 MILLARD AVE              COST PER FOOT:                $28.64
@ 3351.     MILLARD AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $1,318.87     1

PERCENTAGE OF TOTAL FRONTAGE          2.2118



4                      PESCH RONALD ET AL            ASSESSABLE FEET:                  60
24-506-004-0007-00     3351 MILLARD AVE              COST PER FOOT:                $28.64
@ 3343.     MILLARD AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $1,113.40     1

PERCENTAGE OF TOTAL FRONTAGE          2.8818



5                      DILL GARY G/CARRIE L          ASSESSABLE FEET:                110
24-506-004-0005-00     3335 MILLARD AVE              COST PER FOOT:                $28.64
@ 3335.     MILLARD AV MUSKEGON       Ml 49441-000   ESTIMATED P.O. COST:   I   $3,150.40     1

PERCENTAGE OF TOTAL FRONTAGE          5.2832



6                      WELLISE TRUST                 ASSESSABLE FEET:                100
24-506-004-0003-00     3307 MILLARD AVE              COST PER FOOT:                $28.64
@ 3307.     MILLARD AV MUSKEGON       Ml 49441-000   ESTIMATED P.O. COST:   I   $2,864.oo     1

PERCENTAGE OF TOTAL FRONTAGE          4.8029


7                      HORTON DORIS J TRUST          ASSESSABLE FEET:             158.46
24-506-004-0001-00     3291 MILLARD AVE              COST PER FOOT:                $28.64
@ 3291.     MILLARD AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $4,538.29     1

PERCENTAGE OF TOTAL FRONTAGE          7.6107



3/12/2004                                                                       Page 1 of 4
   NEW CONSTRUCTION                  HEARING DATE           MARCH 23, 2004

            MILLARD AVE.,LAKE DUNES DRIVE TO END
8                      RECKELL PETER                 ASSESSABLE FEET:                  90
24-156-000-0035-00     5901 WARNER AVE# 462          COST PER FOOT:                $28.64
@ 3271.     MILLARD AV HUNTINGTON B CA 92649         ESTIMATED P.O. COST:   I   $2,577.60     1

PERCENTAGE OF TOTAL FRONTAGE           4.3226



9                      DUTKIEWICZ PATRICK/JANICE     ASSESSABLE FEET:                  85
24-156-000-0034-00     960 W SHERMAN BLVD            COST PER FOOT:                $28.64
@3261.      MILLARD AV MUSKEGON      Ml 49441        ESTIMATED P.O. COST:   I   $2,434.40     1


PERCENTAGE OF TOTAL FRONTAGE           4.0825



10                     MILLER BRUCE R/JUDITH A       ASSESSABLE FEET:                  85
24-156-000-0033-00     3251 MILLARD AVE              COST PER FOOT:                $28.64
@ 3251.     MILLARD AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $2,434.40     1

PERCENTAGE OF TOTAL FRONTAGE           4.0825



11                     MORGAN DANIEL K/ANN E         ASSESSABLE FEET:                  89
24-156-000-0032-00     3401 LAKE DUNES DR            COST PER FOOT:                $28.64
@ 3241.     MILLARD AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $2,548.96     1

PERCENTAGE OF TOTAL FRONTAGE           4.2746



12                      MORGAN DANIEL K/ANN E        ASSESSABLE FEET:              56.14
24-156-000-0031-00      3401 LAKE DUNES DR           COST PER FOOT:                $28.64
@ 3401.     LAKE DUNE   MUSKEGON       Ml 49441      ESTIMATED P.O. COST:   I   $1,607.85     1

PERCENTAGE OF TOTAL FRONTAGE           2.6964



13                     BARKEL JOHN W/BARBARA J       ASSESSABLE FEET:                  91
24-592-000-0006-00     3224 MILLARD AVE              COST PER FOOT:                $28.64
@ 3224.     MILLARD AV MUSKEGON       Ml 49441-160   ESTIMATED P.O. COST:   I   $2,606.24     1

PERCENTAGE OF TOTAL FRONTAGE           4.3707



14                     OLSEN JOHN B                  ASSESSABLE FEET:                  80
24-592-000-0007-00     3236 MILLARD AVE              COST PER FOOT:                $28.64
@ 3236.     MILLARD AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $2,291.20     1

PERCENTAGE OF TOTAL FRONTAGE           3.8423




3/12/2004                                                                       Page 2 of 4
     NEW CONSTRUCTION               HEARING DATE          MARCH 23, 2004

             MILLARD AVE.,LAKE DUNES DRIVE TO END
15                     MORAN MICHAEL J             ASSESSABLE FEET:                  80
24-592-000-0008-00     3246 MILLARD AVE            COST PER FOOT:                $28.64
@ 3246.     MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $2,291.20     1

PERCENTAGE OF TOTAL FRONTAGE          3.8423



16                     LANGLOIS ROBERT/KATHLEEN    ASSESSABLE FEET:                  80
24-592-000-0009-00     3258 MILLARD AVE            COST PER FOOT:                $28.64
@ 3258.     MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $2,291.20     1

PERCENTAGE OF TOTAL FRONTAGE          3.8423



17                     HAMLIN TIMOTHY T            ASSESSABLE FEET:                  75
24-506-002-0034-00     3268 MILLARD AVE            COST PER FOOT:                $28.64
@ 3268.     MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $2, 148.oo    1


PERCENTAGE OF TOTAL FRONTAGE          3.6022



18                      EDLUND EDWARD/ISLEY CAROL ASSESSABLE FEET:                75.34
24-506-002-0032-00     3280 MILLARD AVE            COST PER FOOT:                $28.64
@ 3280.     MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $2,151.14     1

PERCENTAGEOFTOTALFRONTAGE             3.6185



19                     LOCKE THOMAS A              ASSESSABLE FEET:               102.1
24-506-002-0030-00     3292 MILLARD AVE            COST PER FOOT:                $28.64
@ 3292.     MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $2,924.14     1

PERCENTAGE OF TOTAL FRONTAGE          4.9038



20                     MARS RICHARD A              ASSESSABLE FEET:                 100
24-506-002-0028-00     3308 MILLARD AVE            COST PER FOOT:                $28.64
@ 3308.     MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $2,864.oo     1

PERCENTAGE OF TOTAL FRONTAGE          4.8029



21                     CRANSTON EARL E             ASSESSABLE FEET:                 110
24-506-002-0026-00     3336 MILLARD AVE            COST PER FOOT:                $28.64
@ 3334.     MILLARD AV MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $3,150.40     1

PERCENTAGE OF TOTAL FRONTAGE          5.2832




3/12/2004                                                                     Page 3 of 4
     NEW CONSTRUCTION                   HEARING DATE           MARCH 23, 2004

             MILLARD AVE.,LAKE DUNES DRIVE TO END
22                     CRANSTON EARL E                  ASSESSABLE FEET:                72.15
24-506-002-0025-00     3336 MILLARD AVE                 COST PER FOOT:                $28.64
@ 3336.     MILLARD AV MUSKEGON       Ml 49441          ESTIMATED P.O. COST:   I    $2,066.38      1


PERCENTAGE OF TOTAL FRONTAGE               3.4653



23                     LINE SUSAN                       ASSESSABLE FEET:                70.45
24-506-002-0024-00     3340 MILLARD AVE                 COST PER FOOT:                $28.64
@ 3340.     MILLARD AV MUSKEGON       Ml 49441          ESTIMATED P.O. COST:   I    $2,017.69      1

PERCENTAGE OF TOTAL FRONTAGE               3.3837



24                     ASSELMEIER RICHARD D             ASSESSABLE FEET:                   76
24-506-002-0023-00     3358 MILLARD AVE                 COST PER FOOT:                 $28.64
@ 3358.     MILLARD AV MUSKEGON       Ml 49441          ESTIMATED P.O. COST:   I    $2,176.64      1

PERCENTAGE OF TOTAL FRONTAGE               3.6502



25                    HANNAHS MICHAEL/NANCY             ASSESSABLE FEET:                50.78
24-506-002-0022-00    20 N WARNER                       COST PER FOOT:                $28.64
@3372.      MILLARDAV FREMONT      Ml 49412             ESTIMATED P.O. COST:   I    $1,454.34      1


PERCENTAGE OF TOTAL FRONTAGE               2.4389



SUM OF ASSESSABLE FOOTAGE:           2082.06    SUM OF ESTIMATED P.O. COST:        $59.630.20   I
TOTAL NUMBER OF ASSESSABLE PARCELS      25.00




3/12/2004                                                                            Page 4 of 4
                      AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON )

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                 Millard Ave .. Lake Dunes Drive to End

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 12TH DAY OF MARCH 2004.


                                      GAIL A. KUNDINGER, CITY CLERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAYOF _ _ _ _ _ _ _ _ ,2004.


NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - - - - - - -
                                            SPECIAL ASSESSMENT
                                          HEARING RESPONSE CARD
           NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                             Return This Card By MARCH 23, 2004
           Project Number:          H 1520
          Project Title:            MILLARD AVE.,LAKE DUNES DRIVE TO END
          Project Description       NEW CONSTRUCTION


             INSTRUCTIONS
            If you wish to have your written vote included as part of the tabulation of votes forwarded to
            the City Commission for the scheduled public hearing, please return this card by the date
            indicated above. To use this response card please indicate whether you Oppose or Favor
            thi_s special assessment project, sign the form and return it to the City Clerk's Office. To
    +--c--- return this card by mail, simply fold 011 ihe Jutted lines so the add;ess on the reverse s!de is
            showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
            YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
            PROJECT.
            Assessment Information
           Property Address:                          3291 MILLARD AVE
           Parcel Number                              24-506-004-0001-00
           Assessable Frontage:                       158.46      Feet
L         Estimated Front Foot Cost:                  $28.64      per Foot
          ESTIMATED TOTAL COST                       $4,538.29
          Property Description
          CITY OF MUSKEGON
          LAKE MICHIGAN PARK SUB DIV# 1
          BLK4
          LOTS 1 &2




                                              Your vote COUNTS!




     Owner
                I AM IN FAVOR     •
           Please vote either in favor or opposed to the Special Assessment Street Paving Project.


                                                                          I AM OPPOSED       IZ]
                   Doris- Tane ;1ortJJU , -        CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
     Signature       )~ {I_L,q"q~                         Signature                                            )
      Address
                                                                                                               )
                    3291 Mill.i.rd                        Address

              Thank you for taking the time to vote on this important issue.                           7
                                     SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
     NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                     Return This Card By MARCH 23, 2004
    Project Number:          H 1520
    Project Title:           MILLARD AVE.,LAKE DUNES DRIVE TO END
    Project Description      NEW CONSTRUCTION


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   reiurn this card Uy rnail, sin1ply foki vn tha dotted lines so the address on the rcverco s.100.-i.s
   showing. Be sure to seal the for(n with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                              3280 MILLARD AVE
    Parcel Number                                  24-506-002-0032-00
    Assessable Frontage:                           75.34       Feet

   Estimated Front Foot Cost:                      $28.64      per Foot

   ESTIMATED TOTAL COST                            $2,157.74
   Property Description
   CITY OF MUSKEGON
   LAKE MICHIGAN PARK SUB DIV# 1
   BLK2
   LOT 32 &
   W 1/2 LOT 33



                                        Your vote COUNTS!




Owner
          I AM IN FAVOR


            (ll ~~-
                           •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




                                   Q -~
                                                                      I AM OPPOSED


                                             CoOwner/Spouse _ _ _ _ _ _ _ _ _ __
                                                                                        [zSI
Signature   c~,AJ;u.~              Q.,~                Signature

Address     3 J 5J O ~cv....eLu 4                      Address
                                               -, 'f 4(
                                               0


        Thank you for taking the time to vote on this important issue.                            18
                                          SPECIAL ASSESSMENT
                                     HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                         Return This Card By MARCH 23, 2004
   Project Number:               H 1520
   Project Title:                MILLARD AVE.,LAKE DUNES DRIVE TO END
   Project Description           NEW CONSTRUCTION



   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return ii to the City Clerk's Office. To
   reiurn this card by rnail, sirnply fold on the dotted lines so the add;ess on the reverse side i:;
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                               3292 MILLARD AVE
    Parcel Number                                   24-506-002-0030-00
    Assessable Frontage:                            102.1      Feet

   Estimated Front Foot Cost:                       $28.64     per Foot

   ESTIMATED TOTAL COST                            $2,924.14
   Property Description
   CITY OF MUSKEGON
   LAKE MICHIGAN PARK SUB DIV# 1
   BLK2
   LOTS 30 & 31




                                              Your vote COUNTS!




          I AM IN FAVOR         •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.


                                                                      I AM OPPOSED    !Kl
Owner        Locke T ~ •"" 4-;            a       CoOwner/Spouse

Signature
              ~A.                ~L                     Signature

Address       ~Jc,, J.    1111, llull/J                 Address
                                                                                                19
        Thank you for taking the time to vote on this important issue.
                                     SPEC~LASSESSMENT
                                   HEARING RESPONSE CARD
     NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                     Return This Card By MARCH 23, 2004
    Project Number:          H 1520
    Project Title:           MILLARD AVE.,LAKE DUNES DRIVE TO END
    Project Description      NEW CONSTRUCTION


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by maii, simply fold on the dolled lines so the add;ess on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                         3334 MILLARD AVE
    Parcel Number                             24-506-002-0026-00
    Assessable Frontage:                      110         Feet

   Estimated Front Foot Cost:                 $28.64      per Foot

   ESTIMATED TOTAL COST                      $3,150.40
   Property Description
   CITY OF MUSKEGON
   LAKE MICHIGAN PARK SUB DIV# 1
   BLK 2
   ELY 10 FT LOT 25
   & ALL LOT 26 & LOT 27


                                       Your vote COUNTS!




Owner
          IAMINFAVOR       •                                     IAMOPPOSED        w
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




Signature                                           Signature

Address       )J J± lvJJ:LLA-RP                     Address

        Thank you for taking the time to vote on this important issue.                       21
                                     SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                     Return This Card By MARCH 23, 2004
    Project Number:          H 1520
    Project Title:           MILLARD AVE.,LAKE DUNES DRIVE TO END
    Project Description      NEW CONSTRUCTION


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card i:Jy rnaii, si1nply ro,d on the dotted lines so the add.ess on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                           3336 MILLARD AVE
    Parcel Number                               24-506-002-0025-00
    Assessable Frontage:                        72.15       Feet

   Estimated Front Foot Cost:                  $28.64       per Foot

   ESTIMATED TOTAL COST                        $2,066.38
   Property Description
   CITY OF MUSKEGON
   LAKE MICHIGAN PARK SUB DIV# 1
   LOT 25
   EX
   ELY 10 FT BLK2



                                       Your vote COUNTS!



          I AM IN FAVOR    •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

                                                                   I AM OPPOSED        G_, .
Owner

Signature                                           Signature

Address                                             Address

        Thank you for taking the time to vote on this important issue.                           22
                                     SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                     Return This Card By MARCH 23, 2004
   Project Number:           H 1520
   Project Title:            MILLARD AVE.,LAKE DUNES DRIVE TO END
   Project Description       NEW CONSTRUCTION



   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, sin11)iy told on the dotted lines so the 0ddiess on the rc·v-.Jrz3 slde ;:,
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                           3340 MILLARD AVE
    Parcel Number                               24-506-002-0024-00
    Assessable Frontage:                        70.45        Feet

    Estimated Front Foot Cost:                  $28.64       per Foot

   ESTIMATED TOTAL COST                         $2,017.69
   Property Description
   CITY OF MUSKEGON
   LAKE MICHIGAN PARK SUB DIV# 1
   LOT 24 BLK 2




                                        Your vote COUNTS!

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


          I AM IN FAVOR.__......                                     I AM OPPOSED       '0
Owner       J.:.::i'l::J.:!~~L.!;;;";J...~1£,.t/.~.::._- CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Signature                                            Signature

Address                                              Address

        Thank you for taking the time to vote on this important issue.                             23
                                                                                  __,}/fJ   'f JU   V   OY .

                                                                                  .         '
                                       SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                     Return This Card By MARCH 23, 2004
    Project Number:           H 1520
    Project Title:            MILLARD AVE.,LAKE DUNES DRIVE TO END
    Project Description       NEW CONSTRUCTION


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                                 3358 MILLARD AVE
    Parcel Number                                     24-506-002-0023-00
    Assessable Frontage:                              76             Feet

   Estimated Front Foot Cost:                         $28.64         per Foot
                                                                                                               RECEIVED
   ESTIMATED TOTAL COST                              $2,176.64                                      CITY OF MUSKEGON
   Property Description                                                                                        MAR 16 2004
   CITY OF MUSKGEON
   LAKE MICHIGAN PARK SUB DIV# 1                                                                ENGINEERING DEPARTMENT
   LOT 23 BLK 2




                                            Your vote COUNTS!




Owner
          I AM IN FAVOR

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

                                                                              I AM OPPOSED                      iI!
            -J-..::..::.,.;.;;::.;;~....4!..l(::...;1;..J·..;::r.,,.:....;_I"-_ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Signature                                                   Signature

Address                                                     Address

        Thank you for taking the time to vote on this important issue.                                                 24
                                  SPECIAL ASSESSMENT
                              HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                       Return This Card By MARCH 23, 2004
    Project Number:         H 1520
    Project Title:          MILLARD AVE.,LAKE DUNES DRIVE TO END
    Project Description     NEW CONSTRUCTION



   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return tn1s card by mail, s1rnpiy fold on tile dotted lines bu thE: addrnss on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment IInformation
    Property Adpress:                          3251 MILLARD AVE
    Parcel Number                              24-156-000-0033-00
                'I

    Assessable Frontage:                       85          Feet
                                                                             RECEIVED
   Estimated Front Foot Cost: ·                $28.64      per Foot

   ESTIMATED TOTAL COST                        $2,434.40
                                                                            City Clerks Office
   Property Description
   CITY OF MUSKEGON
   BLUFFTON BAY ESTATES CONDOS
   MUSKEGON COUNTY CONDOMINIUM PLAN #61
   UNIT 33




                                       Your vote COUNTS!




Owner
          I AM IN FAVOR~


            ~ft;-         K /)11}-lb::,Z     CoOwner/Spouse
                                                                   I AM OPPOSED


                                                                   J L(l,trn /)
                                                                                      •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




                                                                                    1)1,Lle-,z___
s;goat"re
Address
            J/!;i2iJJ{
                 /);;/::J s[f
            ?:,2<;,/
                                                    s;goam              Cr,, /q 4 4
                                                               ~uclir,ta.
                                                    Address':2S'/ IJJf//a,d'    .,S•f_
        Thank you for taking the time to vote on this important issue.                           10
                                   SPECIAL ASSESSMENT
                               HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                    Return This Card By MARCH 23, 2004
   Project Number:          H 1520
   Project Title:           MILLARD AVE.,LAKE DUNES DRIVE TO END
                                                                                    RECEIVED
   Project Description      NEW CONSTRUCTION                                        i1'R    "i ,, ')fifil,
                                                                                    Fil-l.i "-    ·' · , -·

                                                                                   City Clerks Office
   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   ret .· ihis card by rnaii, sirnpiy fuld on the dulled iines :;o u·,0 add;-0:;s on the ;eve;se side is
   shuvving. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
   Property Address:                             3241 MILLARD AVE
   Parcel Number                                 24-156-000-0032-00
   Assessable Frontage:                          89          Feet

   Estimated Front Foot Cost:                    $28.64      per Foot

   ESTIMATED TOTAL COST                         $2,548.96
   Property Description
  CITY OF MUSKEGON
  BLUFFTON BAY ESTATES CONDOS
  MUSKEGON COUNTY CONDOMINIUM PLAN #61
  UNIT 32




                                        Your vote COUNTS!




          I AM IN FAVOR   •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.


                                                                     I AM OPPOSED~


Oweec     J),~ j(. N/o['Jdhl                  CoOweec/Spoos~£                      MD[;j6L
Signaturea                 ~-     ~                   Signature               Y!.'YJv..J{f:1-<
Address     31/D!     Lw [)l/05 Dr--                  Address       31/QI /_.o, ke       bu11es !Jr.
                                                                                                        11
        Thank you for taking the time to vote on this important issue.
                                      SPECIAL ASSESSMENT
                                  HEARING RESPONSE CARD
        NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                        Return This Card By MARCH 23, 2004
       Project Number:         H 1520
       Project Title:          MILLARD AVE.,LAKE DUNES DRIVE TO END
       Project Description     NEW CONSTRUCTION



       INSTRUCTIONS
       If you wish to have your written vote included as part of the tabulation of votes forwarded to
       the City Commission for the scheduled public hearing, please return this card by the date
       indicated above. To use this response card please indicate whether you Oppose or Favor
       tt,is special assessment project, sign the form and return it to the City Clerk's Office. To
- ·-   rt3turn this card by rnaii, sirnply (oid on the dulled iines so the address on the reverse 3ido is
         '
       showing.    Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
       YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
       PROJECT.
       Assessment Information
       Property Address:                           3401 LAKE DUNES DR
       Parcel Number                               24-156-000-0031-00
                                                                                RECEIVED
       Assessable Frontage:                        56.14       Feet
                                                   $28.64      per Foot
                                                                                MAR 1 ,,   ;M!,
       Estimated Front Foot Cost:
       ESTIMATED TOTAL COST                        $1,607.85                  City Clerks Office
       Property Description
       CITY OF MUSKEGON
       BLUFFTON BAY ESTATES CONDOS
       MUSKEGON COUNTY CONDOMINIUM PLAN #61
       UNIT 31




                                           Your vote COUNTS!




                                                                                                    12
            Thank you for taking the time to vote on this important issue.
                                  SPECIAL ASSESSMENT
                              HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                    Return This Card By MARCH 23, 2004
  Project Number:          H 1520
  Project Title:           MILLARD AVE.,LAKE DUNES DRIVE TO END
  Project Description      NEW CONSTRUCTION


  INSTRUCTIONS
  If you wish to have your written vote included as part of the tabulation of votes forwarded to
  the City Commission for the scheduled public hearing, please return this card by the date
  indicated above. To use this response card please indicate whether you Oppose or Favor
  this special assessment project, sign the form and return it to the City Clerk's Office. To
  return this card by rnctil, simply fold on the dotted lines so the address on the reverse side is
  showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
  YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
  PROJECT.
  Assessment Information
   Property Address:                          3335 MILLARD AVE
   Parcel Number                              24-506-004-0005-00
   Assessable Frontage:                       110         Feet              RECEIVED            I
  Estimated Front Foot Cost                   $28.64      per Foot          MAR 1 r, ?nn4
  ESTIMATED TOTAL COST                       $3,150.40
                                                                           City Clerks C)~le~
  Property Description
  CITY OF MUSKEGON
  LAKE MICHIGAN PARK SUB DIV# 1
  BLK4
  LOTS 5 & 6



                                      Your vote COUNTS!




Address                                             Address
                                                                                                5
       Thank you for taking the time to vote on this important issue.
                                     SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                     Return This Card By MARCH 23, 2004
   Project Number:           H 1520
   Project Title:            MILLARD AVE.,LAKE DUNES DRIVE TO END
   Project Description       NEW CONSTRUCTION


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply foic.l on the dott&d lines so the addiess on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR V(;)TE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                              3308 MILLARD AVE
    Parcel Number                                  24-506-002-0028-00
    Assessable Frontage:                           100         Feet

   Estimated Front Foot Cost:                      $28.64      per Foot
                                                                                RECEIVED
   ESTIMATED TOTAL COST                            $2,864.00
                                                                                MAR 1 () 7no4
   Property Description
   CITY OF MUSKEGON                                                            City Clerks Office ·
   LAKE MICHIGAN PARK SUB DIV# 1
   BLK2
   LOTS28 &29



                                        Your vote COUNTS!




          I AM IN FAVOR    •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.


                                                                      I AM OPPOSED    ~
Owaec        ~-.              :!j~~-          CoOwner/Spouse _ _ _ _ _ _ _ _ _ __

Signature    -~..._.,_AAA~
                        ___,,,._r/...__.{,v_~___
                                         u               Signature

Address       3 3 O <{ I}//, llc1:d                      Address
                                                                                               20
        Thank you for taking the time to vote on this important issue.
                                       SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                       Return This Card By MARCH 23, 2004
   Project Number:               H 1520
   Project Title:                MILLARD AVE.,LAKE DUNES DRIVE TO END
   Project Description           NEW CONSTRUCTION


   INSTRUCTIONS .
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please rnturn this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   reiurn ihis card by rnaii, simpiy fold on the dotted lines so the address on the roverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS •:IN FAVOR" OF
                                                                         1
   PROJECT.
   Assessment Information
    Property Address:                             3224 MILLARD AVE
    Parcel Number                                 24-592-000-0006-00
   Assessable Frontage:                           91             Feet
                                                 IF-·";:,

   Estimated Front Foot Cost:                     $28.64         per.Foot            RECEIVED
   ESTIMATED TOTAL COST                          $2,606.24                            Mf\.R ,:; :>, 7f1[\l1
   Property Description                                                              City Clerks Office
   CITY OF MUSKEGON
   MARINERS POINT
   PART OF GOVT LOT 3
   SEC 33 T10N R16W
   LOT6


                                          Your vote COUNTS!




            I AM IN FAVOR    •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

                                                                        I AM OPPOSED          [X]
Owoec
Signature~
                ~~ ~
                            £1                 Co. Own~r/Spo.rJ:t:
                                                .   Signature _.. .
                                                                                     iJM(~
                                                                                        /2.          <

Address         3 2.--L'{   ~                               Address     3   2 2L/   b?•J/Mf/             &le<
                                                                                                              13
            Thank you for taking the time to vote on this important issue.


     w~            ~Q 4/'t, c ~ (o-,,-J, 1,cy, cf;~-                            /le)qJ ~
l/'P..J,o    '-f_,..,A ,/_ JI,
                            L. <:.r.Y- ,_ •. J
                                   r           ,4 /1.,,,./J.                    / ~ <./2,,}~;t,_/ )/;J~_/
                                    SPECIAL ASSESSMENT
                               HEARING RESPONSE CARD
     NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                        Return This Card By MARCH 23, 2004
    Project Number:         H 1520
    Project Title:          MILLARD AVE.,LAKE DUNES DRIVE TO END
    Project Description     NEW CONSTRUCTION


     INSTRUCTIONS
     If you wish to have your written vote included as part of the tabulation of votes forwarded to
     the City Commission for the scheduled public hearing, please return this card by the date
     indicated above. To use this response card please indicate whether you Oppose or Favor
     this special assessment project, sign the form and return it to the City Clerk's Office. To
   · reiurn ihis card by mail, ::;irnply fold o;i the dotted lines so the address on the reverse side is
     showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
     YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
     PROJECT.
     Assessment Information
    Property Address:                            3236 MILLARD AVE
    Parcel Number                                24-592-000-0007-00
    Assessable Frontage:                         80          Feet

    Estimated Front Foot Cost:                   $28.64      per Foot

    ESTIMATED TOTAL COST                        $2,291.20
    Property Description
   CITY OF MUSKEGON
   MARINERS POINT
   PART OF GOVT LOT 3
   SEC 33 T10N R16W
   LOT7



                                        Your vote COUNTS!




          I AM IN FAVOR    •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.


                                                                     I AM OPPOSED        IX I
Owner        ........1t$....0..,,if,_.x/_Jtii.....-~
            'tJi                          . . . . . . .--- CoOwner/Spouse _ _ _ _ _ _ _ _ __
Signature       7~
             l}?IVl,//                                Signature
Address       @k ~                                    Address

        Thank you for taking the time to vote on this important issue.                             14
                                        SPECIAL ASSESSMENT
                                HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                     Return This Card By MARCH 23, 2004
  Project Number:            H 1520
  Project Title:             MILLARD AVE.,LAKE DUNES DRIVE TO END
  Project Description        NEW CONSTRUCTION



  INSTRUCTIONS
  If you wish to have your written vote included as part of the tabulation of votes forwarded to
  the City Commission for the scheduled public hearing, please return this card by the date
  indicated above. To use this response card please indicate whether you Oppose or Favor
  this special assessment project, sign the form and return it to the City Clerk's Office. To
  return i:his card by iY1Ctil, siinply fold on tho dotted lines so the addre.a3 Oi1 the re\,•erse side is
  showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
  YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
  PROJECT.
  Assessment Information
   Property Address:                             3373 MILLARD AVE
   Parcel Number                                 24-506-004-0011-00
                                                                                     IHAR 2 2 2004
   Assessable Frontage:                          50.72        Feet

   Estimated Front Foot Cost:                    $28.64       per Foot

   ESTIMATED TOTAL COST                         $1,452.62                       RECEIVED
   Property Description
                                                                                MAR i-' :-'. 7nn4
  CITY OF MUSKEGON
  LAKE MICHIGAN PARK SUB DIV# 1
  BLK 4 LOT 11                                                                City Clerks Office
  EXC
  THAT PT LYING ELY OF A LINE DESC AS
  COM AT SECOR OF LOT 11

                                          Your vote COUNTS!




          I AM IN F A V O ~                                           I AM OPPOSED        •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




Owner       µ:.:.il:~~--L....!1--L-,~~.L.!.. CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __

Signatur()                                U           Signature

Address    33--73 /'-lj (I / <Agp S:T,                Address

        Thank you for taking the time to vote on this important issue.
                                             SPECIAL ASSESSMENT
                                           HEARING RESPONSE CARD
            NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                             Return This Card By MARCH 23, 2004
           Project Number:           H 1520
           Project Title:            MILLARD AVE.,LAKE DUNES DRIVE TO END
           Project Description       NEW CONSTRUCTION


           INSTRUCTIONS
           If you wish to have your written vote included as part of the tabulation of votes forwarded to
           the City Commission for the scheduled public hearing, please return this card by the date
           indicated above. To use this response card please indicate whether you Oppose or Favor
           this special assessment project, sign the form and return it to the City Clerk's Office. To
--,.       return this Card by· mni!, simply fold on tho dottGd l!ncs so tho address on the reverse side is
           showing. 'Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
           YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
           PROJECT.
           Assessment Information
           Property Address:                              3372 MILLARD AVE
           Parcel Number                                  24-506-002-0022-00
           Assessabie Frontage:                           50.78       Feet
           Estimated Front Foot Cost:                     $28.64      per Foot

           ESTIMATED TOTAL COST                          $1,454.34
                                                                                       HAR 2 2 2004
                                                                                   RECEIVED
           Property Description
           CITY OF MUSKEGON
                                                                                   MAR ;,: :• 1nnt,
           LAKE MICHIGAN PARK SUB DIV# 1
           LOT 22 BLK2




                                                 Your vote COUNTS!




                 I AM IN FAVOR     •
           Please vote either in favor or opposed to the Special Assessment Street Paving Project.


                                                                              I AM OPPOSED            I~ I
       Owner         /1/)(E H4;1J(l)4-h.>                  CoOwner/Spouse NA /1( C. Y /..--/ a. /\ 1'-&. h ~
       Signature    70£          -fk~4v'Td!a                   Signature Qa JL:C""/ ~'--r'-"'-b
       Address      2- ~ p , µ,IA,._ t) {i fl, F/!, &/rl ;;r
                                                  D            Address ,lo.V,IN.4jl...J<.) r:: fl.-, FfL<::Hz..,T 11:

               Thank you for taking the lime to vote on this important issue.                                25
                                                                     H-1520 MILLARD AVE TO THE WEST END - 2004

                                                      PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION

                                                                                                                    TOTAL NUMBER OF PARCELS =25
                                                                                                    FOR                                               OPPOSE
                                                                               LETTER# ADD STREET         PARCEL#         FT    LETTER# ADD. STREET          PARCEL#                          FT
                                                     FEET       PERCENTAGE          10  3251 MILLARD 24-156-000-0033-00   85.00    13   3224 MILLARD     24-592-000-0006-00                    91.00
                                                                                     1  3373 MILLARD 24-506-004-0011-00   50.72    14   3236 MILLARD     24-592-000-0007-00                    80,00
                                                                                                                                   11   3241 MILLARD 24-156-000-0032-00                        89.00
TOTAL ASSESSABLE FRONT FOOTAGE                       2082.06                                                                        9   ifa1ff "11LLARD 24i1 q~:qgq~Q9,3.4~9.C(.             __s,s_.09
                                                                                                                                   18   3280 MILLARD 24-506-002-0032-00                        75.34
FRONT FEET OPPOSED                                    1099.28      52.80%                                                           7   3291 MILLARD 24-506-004-0001-00                       158.46
                                                                                                                                   19   3292 MILLARD 24-506-002-0030-00                       102.10
RESPONDING FRONT FEET IN FAVOR                         135.72       6.52%                                                             iib'" '"3tfoif MiLLARt5 ·· 2~s9e:062~002s:oo ··         100.00
                                                                                                                                      21     3334 MILLARD         24-506-002-0026-00          110.00
NOT RESPONDING - FRONT FEET IN FAVOR                   847.06      40.68%                                                              5     3:)35 . "11.LLA!(D   2-i-soe:oo,i:aoos:oo        ttCfoO
                                                                                                                                      22     3336   MILLARD       24-506-002-0025-00           72.15
TOTAL FRONT FEET IN FAVOR                              982.78      47.20%                                                             23     3340   MILLARD       24-506-002-0024-00           70.45
                                                                                                                                      24·    33':l'S . 'Miti)~JHf --?f$O,$~(fo~2~o~;q·o"--   ---fi:i:06
                                                                                                                                      25     3372   MILLARD       24-506-002-0022-00           50.78




                                                                               TOTALS                                     135.72                                                             1099 28




                                 TABULATED AS OF:   03/23/04    05:01 PM
                                 PETITION FOR PAVING

To the City Commission:

       We, the undersigned property owners abutting on              ')111
                                                                  LLl4-J2J:::>
Street, and comprising a majority of the property ownership, petition your Honorable Body to
pave      Mi LL A-~ D                              between __,,),,;.',.__.8\=-'-'-D"'--=E'--/..1'-_
                                                                                                  P _ _ _ _ _ __
and      ~ IL N e-{2.                                                  and in consideration of the
benefits to be derived from the above mentioned improvement do hereby consent to such paving
and hereby agree that the proportionate costs thereof be assessed against my property as a
special assessment and agree to pay for the same.

        Petition circulated     b~~
                                    ti -( ,\" !V,---/
                                                        Siu1u-u
                                                    v_, - ,
                                                        _r_   ,
                                                                              '? 5-5"'-Z.,Z, 7
                                                               -> { ;(.._ /:';'( t-- ;;, i·
                                                                                                                 7
Note:                             -    \,r,,(!. 1 ,r,,,., /( cl,)('.,,,·1           1,   I(,
                                                                                            11  ,)
                                                                                                     1   1
                                                                                                             ;          \'I\"-\
                                                                                                                     \1.\ \'\ l1
            Where property is being purchased on contract, both parties must sign.                                    ", '.l r     , ./


                                                                                               PROPERTY
                                PROPERTY                                                         FRONT
NAME                            ADDRESS                             BLOCK                      FOOTAGE




                                                                                               RECEIVED

                                                                                         Clty_Clerks Office




                                   '333
                                                                                         AUG l 'l


I\MUSKDATA\DATAIENGINEERING\COMMON\PETITITON FOR PA YING FORM.doc
c, .'    {\1;n/n1~.J,·o,.,..,
        /1}q n C!,;J' fr ,
        &1)£.,'n t'.i'l't?
Date:         March 23, 2004
To:           Honorable Mayor and City Commissioners
From:         Enginee1ing
RE:           Public Hearing
              Create Special Assessment District for:
              Western Ave., Pine to Terrace




SUMMARY OF REQUEST:

To hold a public hearing on the proposed special assessment of the Western Ave., Pine to
Terrace project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project.

Furthermore, should the district be created, your permission is requested to
add this project onto the Shoreline Dr. project with Milbocker & Sons as a
change order utilizing all applicable unit prices on said project.

FINANCIAL IMPACT:
Constriction cost plus related engineering cost.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution



COMMITTEE RECOMMENDATION:
                                   CITY OF MUSKEGON

                                  Resolution No. 2004-3 l(c)


              Resolution At First Hearing Creating Special Assessment District
                           For Western Ave., Pine to Terrace
                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

I.   A hearing has been held on March 23, 2004 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 23, 2004, there were 13.66% objections by the owners of the
     property in the district registered at the hearing either in writing received before or at the
     hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOLVED:

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

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

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 24.96% 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: Spataro, Warmington, Carter, Davis, Gawron, Larson

       Nays: None


                                                             CITY OF MUSKEGON


                                                             By   ~~ Q_ L:-~
                                                                           d
                                                                  Gail A. Kundinger, Clerk




                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 23, 2004. 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   1
                                                          tl:. .- LQ_L:r.J
                                                          Gail A. Kundinger, Clerk
                                    EXHIBIT A


                   WESTERN A VE., PINE TO TERRACE

                      SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of All properties abutting Western Ave., Pine to
                                     Terrace
EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




                               NO SCALE
                        AFFIDAVIT OF MAILING


STATE OF MICHIGAN      )
                       ) ss
COUNTY OF MUSKEGON )

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                    Western Ave., Pine St to Terrace 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 12TH DAY OF MARCH 2004.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
s::ZDA DAY OF /llac<.: /2        , 2004.
d~        RS?.   llrtlu
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES J -;l,S:-{J h
                           ENGINEERING FEASIBILITY STUDY

                                                For

                         WESTERN AVE., PINE TO TERRACE

The proposed improvement, RECONSTRUCTION, of Western from Pine to Terrace, see
attached location map, was initiated by a the city due to the conditions of the road. The existing
pavement has deteriorated to a point where any other type improvements would not be feasible.
Furthermore, the underground utilities such water and sewer have been in the ground since the
turn of the century. This project would complement the ongoing work on Shoreline Dr. The
proposed improvement consists of the removal of existing pavement and the construction of a
curb and gutter road as well as new utilities.

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

The preliminary cost estimate for the work associated with paving is approximately $100,000
with the length of the project being approximately 600 lineal feet or 71 O' of assessable front
footage. This translates into an estimated improvement cost of$ I 40 per assessable foot. The
assessment figure will be at a cost not to exceed $35.15 per assessable foot as established in the
2004 Special Assessment for this type of improvement
                                      MUSKEGON COUNTY
                                      M                C         H               G         A     N


        BOARD OF
   COMMISSIONERS

   Paul T. Baade, Chair
             District 10

    Bill Gill, Vice-Chair                                                       March 10, 2004
                 District 8
                              Mohammed Al-Shatel, City Engineer
    Douglas A. Bennett        933 Terrace Street
             District 7
                              Muskegon,MI49443
     Charles L. Buzzell
              District 2
                              Mr. Al-Shatel:
   James J. Derezinski
             District 4       In accordance with your request, I have examined the proposed special
       Marvin R. Engle        assessment district entailing the reconstruction of W estem Avenue located
              District 5
                              between Terrace Street and Pine Street. The purpose of this analysis is to
    Louis A. McMurray         document the reasonableness of this special assessment district by
              District 9
                              identifying and quantifying any accrued benefits. It is subject to the
        Robert Scolnik        normal governmental restrictions of escheat, taxation, police power and
            District 11
                              eminent domain. The effective date is March 10, 2004.
        I. John Snider II
               District 3     In conclusion, it is my opinion that the special assessment amounts justly
      Nancy A. Waters
                              and reasonably represents the accrued benefits to the properties
             District 6       encompassed by this project. The amounts reflect the sum of the
Stephen R. Wisniewski
                              immediate estimated value enhancement and the intrinsic value that will
             District 1       accrue from an overall increase in property values due to an improved
                              quality of life created by the proposed project. The proposed special
                              assessment district encompasses a mixture of properties, but the front foot
                              rate of$ 35.15 appears reasonable in light of our analysis that indicates a
                              probable enhancement of$36.00. The conclusions are based upon the data
                              presented within this limited analysis in restricted format, and on
                              supporting information in my files.

                              Sincerely,

                              J~t~C\-~ ~
                              Vicki A Emery, CMAE 3
                              Senior Appraiser
                 EQUALIZATION DEPARTM ENT • 173 E. APPLE AVE., BUILD ING C • MUSKEGON, Ml 49442
                                       (231) 724-6386 • FAX (231) 724-1129
                                               TTY (231) 722-4103 • An EEO I ADA I AA Employer
                                                                recycled paper
March 12, 2004




Dear :OWNERS NAME
      OWNERS ADDRESS
      OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE                        1

The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS & STREET.

The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.

Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.

While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 or your ward
commissioner if you require more information.

A public hearing is also scheduled for this project on MARCH 23, 2004. If you attend this
public hearing you will be given an opportunity to present your questions and potential
concerns on the proposed special assessment district to the commission.

Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.

Thank you for your participation in improving the quality of life in the Muskegon community.
March 12, 2004




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1


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

                  NOTICE OF HEARING ON SPECIAL ASSESSMENT

Dear Property Owner:

The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:

                   WESTERN AVE., PINE ST. TO TERRACE ST.
The proposed special assessment district will be located as follows:

            All parcels abutting Western Ave. from Pine St. to Terrace St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.

                                    Public Hearings

An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 23, 2004 at 5:30
P.M. You are encouraged to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the proposed special
assessment. We are enclosing a Hearing Response Card for you to indicate your
agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost
of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
your response card to the City Clerk. Written objections or appearances must be made
at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.

By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.

                                   Estimated Costs

The total estimated cost of the street portion of the project is $100,000.00 of which
approximately 24.96% ($24,965.29) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.

The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.

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

I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.

Sincerely,

/}"J)c/!"44-,vv~c✓-£/2Jv{_'

Mohammed AI-Shatel, P.E.
City Engineer
                                     SPECIAL ASSESSMENT
                                HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                     Return This Card By MARCH 23, 2004
    Project Number:          H 1586
    Project Title:           WESTERN AVE., PINE ST. TO TERRACE ST.
    Project Description      RECONSTRUCTION


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                               PROPERTY ADDRESS & STREET
    Parcel Number                                   24-XXX-XXX-XXXX-XX
    Assessable Frontage:                            164.5        Feet

   Estimated Front Foot Cost:                       $35.15       per Foot

   ESTIMATED TOTAL COST                            $5,782.18
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   LOTS 1 THRU 5 INCL AND LOTS 24 AND 25 BLOCK 175 SUBJ TO SEWER EASEMENTS OF RECORD CEZ CERT# 97-0001 BEG 12-30·
   1998 END 12-30-2003 ROLL BEG 1999 END 2003 24-931-097-0001-00




                                          Your vote COUNTS!




Owner
          I AM IN FAVOR     •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




                                                 CoOwner/Spouse
                                                                         I AM OPPOSED         •
Signature
             ----------                                  Signature
                                                                        ------------
Address                                                  Address

        Thank you for taking the time to vote on this important issue.
                     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
                                    NOTICE OF PUBLIC HEARINGS
                                  SPECIAL ASSESSMENT DISTRICTS

IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:

                           MILLARD AVE.,LAKE DUNES DRIVE TO END
                            YUBA ST., EASTERN A VE. TO SUMNER ST.
                                            AND
                           WESTERN AVE., PINE ST. TO TERRACE ST.
The specific locations of the special assessment districts and the properties proposed to be assessed are:

                     All parcels abutting Millard Ave. from Lake Dunes Drive to End

                        All parcels abutting Yuba St. from Eastern Ave. to Sumner St.

                                                     And

                      All parcels abutting Western Ave. from Pine St. to Terrace St.

The City Commission proposes that the City and prope11y owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Depai1ment during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays,
except holidays.

PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON MARCH 23, 211/14 AT 5:311 O'CLOCK P.M

PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.

By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.


PUBLISH:         March 13, 2004                                      Gail Kundinger, City Clerk

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


                                      Gail A. Kundinger, City Clerk
                                 933 Terrace Street, Muskegon, Ml 49440
                                 (231) 724-6705 or TDD (231) 724-6773
                        SPECIAL ASSESSMENT                                    H 1586

    RECONSTRUCTION                     HEARING DATE            MARCH 23, 2004

                  WESTERN AVE., PINE ST. TO TERRACE ST.
1                   MUSKEGON CONSTRUCTION              ASSESSABLE FEET:                164.5
24-205-175-0001-00  111 W WESTERN AVE                  COST PER FOOT:                 $35.15
@ 111.0 W WESTERN A MUSKEGON      Ml 49442             ESTIMATED P.O. COST:   I    $5,782.18     I
PERCENTAGE OF TOT AL FRONTAGE            23.1609



2                   FIRST GENERAL CREDIT UNION ASSESSABLE FEET:                           97
24-205-175-0006-00  589 E ELLIS RD             COST PER FOOT:                         $35.15
@ 121.0 W WESTERN A MUSKEGON       Ml 49441    ESTIMATED P.O. COST:           I    $3,409.55     I
PERCENTAGE OF TOTAL FRONTAGE             13.6572



3                          PROMISED LAND ASSOC         ASSESSABLE FEET:                67.25
24-205-175-0010-00         3315 REAL ST                COST PER FOOT:                 $35.15
@ 790.0     TERRACES HOUSTON             TX 77087      ESTIMATED P.O. COST:   I    $2,363.84     1

PERCENTAGE OF TOTAL FRONTAGE              9.4685



4                   CITY OF MUSKEGON                   ASSESSABLE FEET:                381.5
24-205-556-0001-00  933 TERRACE ST                     COST PER FOOT:                 $35.15
@ 750.0    TERRACES MUSKEGON       Ml 49443-053        ESTIMATED P.O. COST:   I   $13,409.73     1

PERCENTAGE OF TOTAL FRONTAGE            53.7135



SUM OF ASSESSABLE FOOTAGE:           710.25    SUM OF ESTIMATED P.O. COST:        $24,965.29     I
TOTAL NUMBER OF ASSESSABLE PARCELS      4.00




3/12/2004                                                                          Page 1 of 1
                                                             SPECIAL ASSESSMENT
                                                   HEARING RESPONSE CARD
     NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                              Return This Card By MARCH 23, 2004
    Project Number:                          H 1586
    Project Title:                           WESTERN AVE., PINE ST. TO TERRACE ST.
    Project Description                      RECONSTRUCTION


    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this sr.ecial assessment project. sign the form and return it to the· City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
    Property Address:                                                                  121 W WESTERN AVE
                                                                                                                        RECEIVED
    Parcel Number                                                                      24-205-175-0006-00               MAR l. . ? 1!!!1
    Assessable Frontage:                                                               97              Feet           Ciht Clerks Office
    Estimated Front Foot Cost:                                                         $35.15          per Foot

    ESTIMATED TOTAL COST                                                             $3,409.55                      RECE{\Jf=n
    Property Description
   CITY OF MUSKEGON                                                                   C'ty
                                                                                        1 C/
   REVISED PLAT oF 1903                                                                                                 erks Offici
   LOTS 6 THRU 9 INCL BLK 175 CEZ CERT# 99-002 BEG 12-30-1999 END 12-30-2004 ROLL BEG 2000 END 2004                           -   -099-0002-00




                                                                     Your vote COUNTS!




Owner
          I AM IN FAVOR


             /)1cJ
                                         •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




                                    f:.c;/ c:i-,;; /CJc:,/;/- CoOwner/Spouse
                                                                                                              I AM OPPOSED   IX I
             ,__-'-'-'-'::.;__......:,J,,;.;;a...;;:..:........:........;;;.:..:....i..J1J101J               ------------
Signature     LQ~ .-- }17 ~.J(.'/;'°C'                                                           Signature

Address      /,.;1; le/ qt..,,<J_...,_,_.,,., d.o-v                                              Address
             } i ~ o'""-': J1-L.t...' cf t V V /
        Thank you for tplking tl'ie time to vote on this important issue.                                                                2
                                      SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD
     NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
               Return This Card By MARCH 23, 2004
    Project Number:           H 1586
    Project Title:            WESTERN AVE., PINE ST. TO TERRACE ST.
    Project Description       RECONSTRUCTION


    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project. sign the form and return it to the City Clerk's Office. To
    return this card by ma!I, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
    Property Address:                               111 W WESTERN AVE
    Parcel Number                                   24-205-175-0001-00
    Asse1;sable Frontage:                           164.5         Feet                          RECEIVED
    Estimated Front Foot Cost:                      $35.15        per Foot

    ESTIMATED TOTAL COST                           $5,782.18
                                                                                             Citv Clerks Office
    Property Descrii;;tion
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   LOTS 1 THRU 5 INCi. AND LOTS 24 AND 25 BLOCK 175 SUBJ TO SEWER EASEMENTS OF RECORD CEZ CERT# 97-0001 BEG 12-30•
   199B END 12-30-2003 f,OLL BEG 1999 END 2003 24-931·097-0001-00




                                           Your vote COUNTS!

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




Owner
          I AM IN FAVOR      ~                                            I AM OPPOSED         •
            /IJJ,~~:t.a:!~~t.:¢:~'•W·•~·'11JSJ,·'~(v~oOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Signature                                                Signature

Address                                                  Address

        Thank you for taking the time to vote on this important issue.
                                                                     H-1586 - WESTERN AVE., PINE ST. TO TERRACE ST.

                                                         PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION

                                                                                                                      TOTAL NUMBER OF PARCELS =4
                                                                                                      FOR                                                OPPOSE
                                                                                LETTER# ADD STREET       PARCELL#          FT      LETTER# ADD.     STREET        PARCELL#          FT
                                                     FEET       PERCENTAGE                111 WESTERN24-205-175-0001-00   164.50      2    121    W. WESTERN   24-205-175-0006-00   97.00


TOTAL ASSESSABLE FRONT FOOTAGE                         710.25

FRONT FEET OPPOSED                                      97.00       13.66%

RESPONDING FRONT FEET IN FAVOR                         164.50      23.16%

NOT RESPONDING - FRONT FEET !N FAVOR                   448.75      63.18%

TOTAL FRONT FEET IN FAVOR                              613.25       86.34%




                                                                                TOTALS                                    164.50                                                    97.00




                                 TABULATED AS OF:   03/23/04    05:08 PM
Date:         March 23, 2004
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Yuba St., Eastern to Sumner




SUMMARY OF REQUEST:

To hold a public hearing on the proposed special assessment of the Yuba St., Eastern to
Sumner project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project.



FINANCIAL IMPACT:
Constriction cost plus related engineering cost.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution



COMMITTEE RECOMMENDATION:
                                   CITY OF MUSKEGON

                                 Resolution No.- - - - -


              Resolution At First Hearing Creating Special Assessment District
                            For Yuba St., Eastern to Sumner
                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on March 23, 2004 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 23, 2004, there were _ _ _% objections by the owners of
     the property in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

1.   The City Commission has examined the estimates of cost to construct the project
     including all assessable expenses and dete1mines them to be reasonable.

2.   The City Commission has considered the value of the prope1ty to be assessed and the
     value of the benefit to be received by each property proposed lo be assessed in the district
     alter 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
     prope1ty 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
     Depmiment shall prepare plans for financing including submission of application to the
     Michigan Depmiment of Treasury and the beginning of bond proceedings.
3.     The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ __
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 32.84% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


       Nays_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __



                                                            CITY OF MUSKEGON


                                                            By _ _ _ _ _ _ _ _ _ __
                                                                Gail A. Kundinger, Clerk


                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 23, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                     CITY OF MUSKEGON


                                                     By _ _ _ _ _ _ _ _ _ _ _ _ __
                                                          Gail A. Kundinger, Clerk
                           ENGINEERING FEASIBILITY STUDY

                                                For

                           YUBA ST., EASTERN TO SUMNER

The proposed improvement, RECONSTRUCTION, of Yuba St. from Eastern to Sumner, see
attached location map, was initiated by a the city due to the conditions of the road. The existing
pavement has deteriorated to a point where any other type improvements would not be feasible
especially since the proposed improvements includes the replacement of an 8" watennain along
with services. The proposed improvement consists of the removal of existing pavement and the
construction of a curb and gutter road as well as new utilities.

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

The preliminary cost estimate for the work associated with paving is approximately $250,000
with the length of the project being approximately 1400 lineal feet or 2336' of assessable front
footage. This translates into an estimated improvement cost of $107 per assessable foot. The
assessment figure will be at a cost not to exceed $35.15 per assessable foot as established in the
2004 Special Assessment for this type of improvement
                                           MUSKEGON COUNTY
                                           M              C        H                G         A     N


        BOARD OF
   COMMISSIONERS

   Paul T. Baade, Chair
              District 10

    Bill Gill, Vice-Chair
                 District 8                                                       February 25, 2004
    Douglas A. Bennett        Mohammed Al-Shatel, City Engineer
             District 7       City of Muskegon
                              933 Terrace Street
     Charles L. Buuell
              District 2      Muskegon, MI 49443

   James J. Derezinsl<i       Mr. Al-Shatel:
             District 4
                              In accordance with your request, I have examined the proposed special assessment
       Marvin R. Engle        district entailing the reconstructing of Yuba Street between Eastern Avenue and
              District 5      Sumner Street. The purpose of this analysis is to document the reasonableness of this
                              special assessment district by identifying and quantifying any accrued benefits. It is
    Louis A. McMurray
              District 9      subject to the normal governmental restrictions of escheat, taxation, police power and
                              eminent domain. The effective date is February 25, 2004.
        Robert Scolnik
            District 11       In conclusion, it is my opinion that the special assessment amounts justly and
                              reasonably represents the accrued benefits to the properties encompassed by this
        I. John Snider II
               District 3
                              project. The amounts reflect the sum of the immediate estimated value enhancement
                              and the intrinsic value that will accrue from an overall increase in property values due
      Nancy A. Waters         to an improved quality of life created by the proposed project. As previously
             District 6
                              presented, the proposed special assessment district encompasses primarily residential
Stephen R. Wisniewski         properties. The front foot rate of $35.15 for the reconstructing of the above
             District 1       mentioned project area appears reasonable in light of an analysis that indicates a
                              possible enhancement of $36.21. The conclusions are based upon the data presented
                              within this limited analysis in restricted format, and on supporting information in my
                              files.


                              Sincerely,


                              Jl:JG        Q, ~
                              Vicki A Emery, CMAE 3
                              Senior Appraiser




                 EQUALIZATION DEPARTMENT • 173 E. APPLE AVE. , BU ILDING C • MUSKEGON , Ml 49442
                                      (231) 724-6386 • FAX (231) 724-1129
                                                 TTY (23 1) 722-4103 • An EEO I ADA I AA Employer
                                                                   recycled pap er
                                       EXHIBIT A


                        YUBA ST., EASTERN TO SUMNER

                          SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of All properties abutting Yuba St., Eastern to Sumner
EXHIBIT 'J\" SPECIAL ASSESSMENT DISTRICT




                                ND SCALE
March 12, 2004




Dear :OWNERS NAME
      OWNERS ADDRESS
      OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE                        1

The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS & STREET.

The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.

Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
ii will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.

While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions, decline, or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 or your ward
commissioner if you require more information.

A public hearing is also scheduled for this project on MARCH 23, 2004. If you attend this
public hearing you will be given an opportunity to present your questions and potential
concerns on the proposed special assessment district to the commission.

Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.

Thank you for your participation in improving the quality of life in the Muskegon community.
March 12, 2004




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1


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

                 NOTICE OF HEARING ON SPECIAL ASSESSMENT

Dear Property Owner:

The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:

                   YUBA ST., EASTERN AVE. TO SUMNER ST.
The proposed special assessment district will be located as follows:

            All parcels abutting Yuba St. from Eastern Ave. to Sumner St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.

                                    Public Hearings

An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MARCH 23, 2004 at 5:30
P.M. You are encouraged to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the proposed special
assessment. We are enclosing a Hearing Response Card for you to indicate your
agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost
of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
your response card to the City Clerk. Written objections or appearances must be made
at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.

By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.

                                   Estimated Costs

The total estimated cost of the street portion of the project is $250,000.00 of which
approximately 32.84% ($82,110.40) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.

The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.

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

I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.

Sincerely,



;Jn)/ ~w~ oJ.£LJ~
Mohammed AI-Shatel, P.E.
City Engineer
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY      OWNE OWNERS
                 RS    ZIPCODE
                 STATE




                            CITY CLERK
                            933 Terrace Street
                            P.O. Box 536-CITY HALL
                            Muskegon, Ml 49443-0536
                                                       CITY OF MUSKEGON
                                                        STREET- H-1581
                                             YUBA ST., EASTERN AVE. TO SUMNER ST.
                                          REQUEST FOR ,vAIVER OF SPECIAL ASSE:SSMENT
II    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 propc1iy 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 chmi below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
         2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
         mcome.
                                                              2003
                                                   165% MEDIAN HOUSEHOLD INCOME CHART I
                                                       FAMILY SIZE                 INCOME LIMIT

                                                              1                          $27,885
                                                              2                           31,850
                                                              3                           35,880
                                                              4                           39,845
                                                              5                           43,030
                                                              6                           46,326
                                                              7                           49,400
                                                              8                           52,585
                                                     For each extra, add                  3,185

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

     ✓   Applicants must submit proof of current property insurance.

     Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
     suppmiing documentation, to:                         City of Muskegon
                                              Community & Neighborhood Services
                                                  933 Terrace Street, 2nd Floor
                                                        Muskegon, MI 49440
     For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
     The City reserves the right to ver(fj 1 all application information, and to reject any applications that contain falsified information or ins1dficient
     docwnentatfrm.
                                                    CITY OF MUSKEGON
                                                     STREET- H-1581
                                          YUBA ST., EASTERN AVE. TO SUMNER ST.
                                       REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
  Note: You may receive this application several times - If you hm•e 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 chaii below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
     2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
     mcome.
                                                          2003
                                               165% MEDIAN HOUSEHOLD JNCOME CHART I
                                                    FAMILY SIZE                 INCOME LIMIT

                                                          I                           $27,885
                                                          2                            3 I ,850
                                                          3                            35,880
                                                          4                            39,845
                                                          5                            43,030
                                                          6                            46,326
                                                          7                            49,400
                                                          8                            52,585
                                                 For each extra, add                   3,185

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

✓    Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                   Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to ver({j,· all application i1?formatio11, and to reject any applications that containfalsiflt'd i1?formation or insi!fficient
docwnentation.
                     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
                                     NOTICE OF PUBLIC HEARINGS
                                   SPECIAL ASSESSMENT DISTRICTS

IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created for the following projects:

                           MILLARD A VE.,LAKE DUNES DRIVE TO END
                             YUBA ST., EASTERN AVE. TO SUMNER ST.
                                                   AND
                            WESTERN AVE., PINE ST. TO TERRACE ST.
The specific locations of the special assessment districts and the prope1ties proposed to be assessed are:

                      All parcels abutting Millard Ave. from Lake Dunes Drive to End

                        All parcels abutting Yuba St. from Eastern Ave. to Sumner St.

                                                     And

                      All parcels abutting Western Ave. from Pine St. to Terrace St.

The City Commission proposes that the City and property owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on weekdays,
except holidays.

PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON MARCH 23, 2004 AT 5:30 O'CLOCK P.M

PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH TI-IE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT TI-IE HEARING CONFIRMING TI-IE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.

By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.


PUBLISII:        March 13, 2004                                      Gail Kundinger, City Clerk

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


                                      Gail A. Kundinger, City Clerk
                                 933 Terrace Street, Muskegon, Ml 49440
                                 (231) 724-6705 or TDD (231) 724-6773
                      SPECIAL ASSESSMENT                                          H 1581

    RECONSTRUCTION                     HEARING DATE           MARCH 23, 2004

             YUBA ST., EASTERN AVE. TO SUMNER ST.
1                      FREYE & FREYE LLC               ASSESSABLE FEET:                    178
24-205-168-0011-00     33 LEDGEMERE RD                 COST PER FOOT:                   $35.15
@ 665.0    YUBA ST     WINTHROP       ME 04364         ESTIMATED P.O. COST:   I      $6,256.70     1




2                      CITY OF MUSKEGON                ASSESSABLE FEET:                    188
24-205-168-0014-00     933 TERRACE ST                  COST PER FOOT:                  $35.15
@ 653.0     YUBA ST    MUSKEGON       Ml 49443         ESTIMATED P.O. COST:   I     $6,608.20      1




3                      CITY OF MUSKEGON                ASSESSABLE FEET:                     89
24-205-160-0009-00     933 TERRACE ST                  COST PER FOOT:                 $35.15
@ 599.0     YUBA ST    MUSKEGON       Ml 49443         ESTIMATED P.O. COST:   I     $3,128.35      1




4                      JONES ROLAND                    ASSESSABLE FEET:                    219
24-205-160-0010-00     11182 LAKE DR                   COST PER FOOT:                  $35.15
@ 595.0     YUBA ST    IDLEWILD         Ml 49642-955   ESTIMATED P.O. COST:   I     $7,697.85      1




5                      BARNHART JUDY A                 ASSESSABLE FEET:                    144
24-205-160-0015-00     3564 CENTRAL RD                 COST PER FOOT:                  $35.15
@ 563.0     YUBA ST    N MUSKEGON     Ml 49445         ESTIMATED P.O. COST:   I     $5,061.60      1




6                      AIKENS CHARLIE L                ASSESSABLE FEET:                     99
24-205-155-0008-00     1223 LEONARD                    COST PER FOOT:                  $35.15
@ 543.0     YUBA ST    MUSKEGON       Ml 49442         ESTIMATED P.O. COST:   I     $3,479.85      1




7                      WILLIAMS LAWRENCE               ASSESSABLE FEET:                    66
24-205-155-0009-00     375 MONROE AVE                  COST PER FOOT:                  $35.15
@ 535.0     YUBA ST    MUSKEGON      Ml 49441          ESTIMATED P.O. COST:   I     $2,319.90      1




3/12/2004                                                                            Page 1 of 3
   RECONSTRUCTION                  HEARING DATE          MARCH 23, 2004

            YUBA ST., EASTERN AVE. TO SUMNER ST.
8                     CITY OF MUSKEGON            ASSESSABLE FEET:                  66
24-205-155-0010-00    933 TERRACE ST              COST PER FOOT:                $35.15
@ 523.0     YUBA ST   MUSKEGON       Ml 49443     ESTIMATED P.O. COST:   I   $2,319.90     1




9                     JONES NATHAN                ASSESSABLE FEET:                  99
24-205-155-0011-00    515 YUBA ST                 COST PER FOOT:                $35.15
@ 515.0     YUBA ST   MUSKEGON     Ml 49442       ESTIMATED P.O. COST:   I   $3,479.85     1




10                    MARTIN KENNETH              ASSESSABLE FEET:                132
24-205-155-0013-00    505 YUBA ST                 COST PER FOOT:                $35.15
@ 505.0     YUBA ST   MUSKEGON      Ml 49442      ESTIMATED P.O. COST:   I   $4,639.80     1




11                    CITY OF MUSKEGON            ASSESSABLE FEET:                264
24-205-167-0001-00    933 TERRACE ST              COST PER FOOT:                $35.15
@ 650.0     YUBA ST   MUSKEGON       Ml 49443     ESTIMATED P.O. COST:   I   $9,279.60     1




12                    CITY OF MUSKEGON            ASSESSABLE FEET:                132
24-205-161-0005-00    933 TERRACE ST              COST PER FOOT:                $35.15
@196.0      HALLAVE   MUSKEGON       Ml 49443     ESTIMATED P.O. COST:   I   $4,639.80     1




13                    COLEMAN JOHN                ASSESSABLE FEET:                132
24-205-161-0003-00    3735 HIGHGATE RD            COST PER FOOT:                $35.15
@ 588.0     YUBA ST   MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $4,639.80     1




14                    NEW HOPE BAPTIST CHURCH     ASSESSABLE FEET:                132
24-205-161-0001-00    233 GIDDINGS AVE            COST PER FOOT:                $35.15
@ 564.0     YUBA ST   MUSKEGON       Ml 49442     ESTIMATED P.O. COST:   I   $4,639.80     1




3/12/2004                                                                    Page 2 of 3
   RECONSTRUCTION                         HEARING DATE           MARCH 23, 2004

              YUBA ST., EASTERN AVE. TO SUMNER ST.
15                         BURT JAMES L                   ASSESSABLE FEET:                    99
24-205-154-0006-00         544 YUBA ST                    COST PER FOOT:                 $35.15
@ 544.0     YUBA ST        MUSKEGON         Ml 49442      ESTIMATED P.O. COST:   I    $3,479.85      1




16                         REED NOBIE L/MCINTOSH VERN ASSESSABLE FEET:                        99
24-205-154-0004-00         530 YUBA ST                    COST PER FOOT:                 $35.15
@ 530.0     YUBA ST        MUSKEGON         Ml 49442      ESTIMATED P.O. COST:   I    $3,479.85      1




17                         WILLIAMS FRANK/CAROLYN         ASSESSABLE FEET:                    99
24-205-154-0003-00         516 YUBA ST                    COST PER FOOT:                 $35.15
@ 516.0     YUBA ST        MUSKEGON      Ml 49442         ESTIMATED P.O. COST:   I    $3,479.85      1




18                         BURT ARTHUR                    ASSESSABLE FEET:                    99
24-205-154-0001-00         500 YUBA ST                    COST PER FOOT:                 $35.15
@ 500.0     YUBA ST        MUSKEGON         Ml 49442      ESTIMATED P.O. COST:   I    $3,479.85      1




SUM OF ASSESSABLE FOOTAGE:           2336.00      SUM OF ESTIMATED P.O. COST:        $s2. 110.40   I
TOTAL NUMBER OF ASSESSABLE PARCELS        18.00




3/12/2004                                                                              Page 3 of 3
                     AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON )

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                     Yuba St.. Eastern to Sumner.

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 12TH DAY OF MARCH 2004.


                                     GAIL A. KUNDINGER, CITY CLERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _ ., 2004.


NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - - - - - - -
                                 HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have vour vote count. olease
                 Return This Card Bv: MARCH 9. 2004                             RECEIVED
                      H 1581                                               CITY OF MUSKEGON
   Proiect Number:
   Proiect Title:            YUBA ST., EASTERN AVE. TO SUMNERS                 MAR 2 3 2004
   Project Description:       RECONSTRUCTION                              ENGINEERING DEPARiMENi
                                                                           ~----~--~--   .




   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the dale
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dolled lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   Assessment Information
   Property Address:                          563 YUBA ST
   Parcel Number                              24-205-160-0015-00
   Assessable Frontage:                       144         Feet

   Estimated Front Foot Cost:                 $35.15      per Foot                             01v]) ·J
   ESTIMATED TOTAL COST
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
                                             $5,061.60


                                                                                  ,~l<
                                                                                   '-1) \
                                                                                    o·               rl'·1t ,
                                                                            ~\~~/1.
   NLY 12 FT OF LOT 14
   ALL LOTS 151617 BLK 160
   ALSO S 1/2 VAC GIDDINGS AVE ADJ



                                      YourvoteCOUNTS!                       (Y~J " V';tf'
                                                                                                   j '!i.VJJ"

Owner(_
          1AM IN FAVOR      •
    Please vote either in favor or opposed to the Special Assessment Street Paving Proje~, ..




                 ,I., 4- , ,z:.,,~A"~~~    CoOwner/Spouse
                                                                 I AM OPPOSE~                f/.j,J~l_
                                                                                             ~
Signal e                                            Signature

Address                              fu      . _.   Address
                       _ ?.         . IC/ L(\
                                                                                               5
        Thank you for taking the time to vote on this important issue.
                                      SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                        Return This Card By MARCH 23, 2004
    Project Number:              H 1581
  · Project Title:               YUBA ST., EASTERN AVE. TO SUMNER ST.
    Project Description          RECONSTRUCTION


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return ii to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                             530 YUBA ST
    Parcel Number                                 24-205-154-0004-00
    Assessable Frontage:                          99          Feet

   Estimated Front Foot Cost:                     $35.15      per Foot

   ESTIMATED TOTAL COST                           $3,479.85
                                                                                        RECEIVED
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
                                                                                      City Clerks Office
   LOT 4 & N 1/2 LOT 5 BLK 154




                                            Your vote COUNTS!



          I AM IN FAVOR          •
    Please vote either in favor or opposed to the Special Assessment Street Paving Proje9t/

                                                                         I AM OPPOSED            121/
Owner

Signature
              /':lab. I'_ :jeep Q
               7-Jo-6---v.., 7?.,:_c,,c:/
                                                CoOwoec/Spocse
                                                       Signature
                                                                        ~~=.-. .
                                                                        --=:::::::::_':::::::::_ - ~
                                                                                                                ··~
Address        S:&i /\\ 1, \oo :5'·\                   Address       '.:)".3 <:,   \.,h,,\,),g   j -J-
                           \                                                          \                    16
        Thank you for taking the time to vote on this important issue.
                                        SPECIAL ASSESSMENT
                                  HEARING RESPONSE CARD
     NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                       Return This Card By MARCH 23, 2004
    Project Number:            H 1581
    Project Title:             YUBA ST., EASTERN AVE. TO SUMNER ST.
    Project Description        RECONSTRUCTION


    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
    Property Address:                                543 YUBA ST
    Parcel Number                                24-205-155-0008-00
    Assessable Frontage:                         99           Feet              eowo S)jJ91:J l\l!O
    Estimated Front Foot Cost:                   $35.15       per Foot               "iuu!, ... t   ~vw
    ESTIMATED TOTAL COST                         $3,479.85
                                                                                  03/\13~38
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   S 1/2 LOT 7 ALL LOT 8 &
   N 1/2 VAC GIDDINGS AVE ADJ BLK 155




                                          Your vote COUNTS!




          I AM IN FAVOR      •
    Please vote either in favor or opposed to the Special Assessment Street Pavi: ,g Project.

                                                                       I AM OPPOSED              JZI
Ow,ec         {¼,r(/ '. f)/i[.e IV<;           CoOw,ec/Spo"'e        ~;(15
Signature     {~""             $/4.?r<O                 Signature    _ '-4_ ;__ L _ _
Address      J;y},JjettAt,fff~~c
            /?J,(,)5/(.e'.Go. //Jv:. --s,-c <r-5'2
                                                        Address     i,43.ikvz2azW,f1rla.1J£-
                                                                  /?;ib;.rev--i-;-t/ /JlZ -YJ?~-9:Z6
        ThanR you for taking the time to vote on this important issue.          '/           ·
                                    SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD
     NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                        Return This Card By MARCH 23, 2004
    Project Number:            H 1581
    Project Title:             YUBA ST., EASTERN AVE. TO SUMNER ST.
    Project Description        RECONSTRUCTION


    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
    Property Address:                          544 YUBA ST
    Parcel Number                              24-205-154-0006-00
    Assessable Frontage:                       99         Feet

    Estimated Front Foot Cost:                 $35.15     per Foot

    ESTIMATED TOTAL COST                      $3,479.85
                                                                           MAR 2 3 20Di
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   S 1/2 LOT 5 LOT 6 BLK 154




                                       Your vote COUNTS!




Owner
          I AM IN FAVOR        •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




Signature

Address                                             Address

        Thank you for taking the time to vote on this important issue.                        15
                                         SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
     NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
                        Return This Card By MARCH 23, 2004
    Project Number:              H 1581
    Project Title:               YUBA ST., EASTERN AVE. TO SUMNER ST.
    Project Description          RECONSTRUCTION


    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
    Property Address:                               500 YUBA ST
    Parcel Number                                   24-205-154-0001-00
    Assessable Frontage:                            99            Feet
    Estimated Front Foot Cost:                      $35.15        per Foot

    ESTIMATED TOTAL COST                           $3,479.85
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
                                                                              MAR 2 3 2004
   LOT 1 & N 1/2 LOT 2 BLK 154




                                           Your vote COUNTS!




          I AM IN FAVOR          •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.



                                     -
                                                                           I AM OPPOSED          0
Owner          Aroi/.Jt           &.112    1· CoOwner/Spouse-4.,:.Jw;;;;-""--4'-i,(..-.--...,f,,;;.::..l,;;;l~-..i,_
Signature      Di::::Cel/5 t:7.J)                        Signature
Address                                                  Address          C-/)()
                                                                         > )V ✓

        Thank you for taking the time to vote on this important issue.                                       18
~


                                                                 H-1581 - YUBA ST., EASTERN AVE. TO SUMNER AVE.

                                                      PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATJ_ON

                                                                                                                 TOTAL NUMBER OF PARCELS =18
                                                                                                 FOR                                              OPPOSE
                                                                            LETTERt; ADD   STREET      PARCEL#       FT      LETTER;; ADD.   STREET        PARCEL#          FT
                                                    EEEI
                                                              =                                                                10
                                                                                                                               16
                                                                                                                                6
                                                                                                                                      505
                                                                                                                                      530
                                                                                                                                      543
                                                                                                                                               YUBA
                                                                                                                                               YUBA
                                                                                                                                               YUBA
                                                                                                                                                       24-205-155-0013-00
                                                                                                                                                      24-205-154-0004-00
                                                                                                                                                      24-205-1555-0008-00
                                                                                                                                                                            132.00
                                                                                                                                                                             99.00
                                                                                                                                                                             99.00
TOTAL ASSESSABLE FRONT FOOTAGE                      2336.00                                                                     5     563      YUBA    24-205-160-0015-00   144.00
                                                                                                                                      665      YUBA   24-205-168-0011-00    178.00
FRONT FEET OPPOSED                                   652.00      27.91%

RESPONDING FRONT FEET IN FAVOR                         0.00       0.00%

NOT RESPONDING - FRONT FEET IN FAVOR                1684.00      72.09%

TOTAL FRONT FEET IN FAVOR                           1684.00      72.09%




                                                                             TOTALS                                   0.00                                                  652.00




                                 TABULATED AS OF: 03/23/04    05:09 PM
        Commission Meeting Date:            March 16, 2004




Date:      March 24, 2004
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        2004 - 2005 CDBG/HOME Allocations.


SUMMARY OF REQUEST: To accept the administrations and Citizens
District Councils recommendation in regards to the 2004 - 2005
CDBG/HOME anticipated entitlement and to make the Commissions
preliminary allocation decision. The Commission is scheduled to make
their final decision regarding the 2004-2005 CDBG/ Home allocation
entitlement during the Public Hearing scheduled for April 13, 2004



FINANCIAL IMPACT: Uncertain at this time.



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION:            To   approve    the   administration
recommendation.



COMMITTEE RECOMMENDATION: The Citizen District Council has
made their recommendations. (See attached spreadsheet.)
                                                 2004 - 2005 CDBG / HOME ACTIVITY
    Community Development Block Grant                                                                                 City Commission
                                                                        Administration    Citizen District Council       Preliminary  City Commission
              Organization NamefProgram Title   Amount Requested      Recommendation         Recommendation           Recommendation   Final Decision
    1 Muskegon Community Health Project         $        8,000.00 *   $        7,000.00   $                7,000.00
       "Miles for Smile Dental Services"
    2 West Michigan Veterans                             5,000.00 *            5,000.00                   5,000.00
       Veterans Assistance
    3 Pioneer Resources                                  4,800.00 *            2,500.00                   2,500.00
       Rec for People wldisabilities
    4 HealthCare                                         7,225.00 *            6,000.00                   5,000.00
       Health screening to low-income
    5 American Red Cross                                 5,000.00 *            5,000.00                   5,000.00
       Senior Transportation
 .J 6 ·Volunteer Muskegon                                5,000.00 *            2,500.00
       Youth Survey/Mapping
 l 7 Volunteer Muskegon                                  5,000.00 *            2,500.00                   5,000.00
       Keep Kids in School Truancy
    8 Legal Aid of Western Michigan                     43,302.00 *            9,000.00                   9,000.00
       Counseling/Legal Education
J 9 Family Services Center, Inc                         10,000.00 *            5,000.00                   6,000.00
       DAD'S
 10 Lakeshore Fair Housing Alliance                     10,000.00 *            7,000.00                   6,000.00
       Fair Housing
J11 Muskegon Public Schools                             15,000.00 *            7,500.00                    8,500.00
       Software
  12 Neighborhood Invest Corp                            6,500.00 *            2,500.00                    2,500.00
       Main street
  13 Muskegon Retirement Apartment Inc                  10,200.00 *            5,000.00                    5,000.00
       Fire Code Compliance
   Community Development Block Grant
                                                                                                                 City Commission
                                                                     Administration   Citizen District Council      Preliminary  City Commission
          Organization Name/Program Title   Amount Requested       Recommendation        Recommendation          Recommendation   Final Decision
14 Community and Neighborhood Services      $      210,000.00      $     170,000.00   $             170,000.00
   Siding Program
15 Fire/Inspection                                 155,000.00             60,000.00                 60,000.00
   Dangerous Bui/ding/Demolition
16 Community and Neighborhood Services             215,000.00            180,000.00                180,000.00
   Emergency Rehabilitation
17 Community and Economic Development               20,000.00
   Far,;ade Improvement
18 Community and Neighborhood Services             187,000.00 ••         175,000.00                175,000.00
   CDBG Administration
19 Community and Neighborhood Services             125,000.00            118,000.00                118,000.00
   Rehab Service Delivery
20 Engineering/ CNS                                 50,000.00             35,000.00                 35,000.00
   Sidewalk Assessment Relief
21 Engineering I CNS                                80,000.00             45,000.00                 45,000.00
   Street Assessment Relief
22 Leisure Services                                 80,000.00 *           70,000.00                 70,000.00
   Youth recreation
23 Finance Dept                                    245,000.00            245,000.00                245,000.00
   Repayment of Shoreline Dr. Bond
24 City Planning                                    40,000.00             35,000.00                 35,000.00
   Lot Clean-up
25 City Planning                                    45,000.00             40,000.00                 40,000.00
   Code Enforcement
26 DPW                                              56,784.00 *           46,500.00                  46,500.00
   Senior Transit
Community Development Block Grant
                                                                                                                 City Commission
                                                                    Administration    Citizen District Council      Preliminary  City Commission
       Organization Name/Program Title       Amount Reguested      Recommendation        Recommendation          Recommendation   Final Decision
Total CDBG Request                                1,643,811.00
Total CDBG Allocated + Pl $75,000                 1,287,000.00         1,287,000.00              1,287,000.00        1,287,000.00   $   1,287,000.00
Recommendations                                   1,287,000.00         1,286,000.00              1,286,000.00                0.00   $
Allocated/Request Difference                 $     (356,811.00)             1000.00 $                1,000.00    $   1,287,000.00   $   1,287,000.00

Total Amt of Public Service*                        215,027.00           136,500.00                136,500.00
Public Service mandated Amt < or= to 15%            193,050.00           193,050.00                193,050.00         193,050.00    $    193,050.00
Difference                                   $       (21,977.00)   $      56,550.00   $             56,550.00 $       193,050.00    $    193,050.00

Total Amt of City Administration Request**          187,000.00          175,000.00                 175,000.00               0.00    $
Administrative mandated Amt < 20%                   257,400.00          257,400.00                 257,400.00         257,400.00    $    257,400.00
Difference                                   $       70,400.00     $     82,400.00    $             82,400.00    $    257,400.00    $    257,400.00
  HOME                                                                                                                   City Commission
                                                                            Administration    Citizen District Council      Preliminary  City Commission
          Organization Name/Program Title       Amount Reguested           Recommendation        Recommendation          Recommendation   Final Decision
1 Community and Neighborhood Services                   75,000.00                75,000.00    $              75,000.00
  Tax-Reverted Rehabilitation
2 Community and Neighborhood Services                     85,000.00               80,000.00   $             80,000.00
  HOME Infill Program
3 Community and Neighborhood Services                     33,700.00 •••           33,700.00   $             33,700.00
  HOME Administration
4 Neighborhood Investment Corp                  $       100,000.00 •••• $         80,000.00   $             80,000.00
  Housing Rehab, Neighborhood Imp.
5 Habitat For Humanity                                    50,000.00 ••••          47,000.00   $             47,000.00
  Acquisition/Rehab
6 Trinity Village Non-Profit Housing Corp                25,000.00 ••••           22,000.00   $             22,000.00
  Single-Family Acquisition

 Total Amt of HOME Request                      $       368,700.00         $    337,700.00    $            337,700.00
 HOME Allocation                                        337,937.00         $    337,937.00    $            337,937.00
 Reprogram Funds
 Total Amt Home Available                               337,937.00              337,937.00    $            337,937.00
 Total Amt Difference                           $       (30,763.00)        $        237.00                     237.00                    $

 Total Amt of HOME Administration•••            $        33,700.00         $      33,700.00   $             33,700.00
 Total Amt mandated = 10%                       $        33,700.00         $      33,700.00   $             33,700.00
 Difference                                     $               -          $            -     $                   -      $           -   $

 Total amt of HOME CHOO request••••               $      175,000.00         $    149,000.00 $              149,000.00
 Total Amt mandated 15%                                   50,690.00                50,690.00                50,690.00          50,690.00       50,690.00
 Difference                                        $    (124,310.00)        $     (98,310.00) $            (98,310.00) $       50,690.00 $     50,690.00
 NOTE
 *Public Service, ..City CDBG Administration, ***HOME Administration, ••••cHDO Request
 Q:CNS\Common\Excel\04.0S_Act
                 Commission Meeting Date: March 23, 2004




Date:         March 16, 2004
             Honorable Mayor and City Commissioners
                                                                              (·
To:
From:        Planning & Economic Development            age,
RE:           Rezoning request for property located at 955 W. Laketon.


SUMMARY OF REQUEST:

Request to rezone property located at 955 W. Laketon, from B-4, General Business to
RT, Two Family Residential.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

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

COMMITTEE RECOMMENDATION:

The Planning Commission voted to deny the request at their 3/11 meeting and
recommended that the City Commission ask the ZBA to reconsider the hardship
application for this property. The denial request was approved with Commissioners S.
Warmington, B. Smith, and T. Michalski voting nay. T. Johnson was absent.




3/16/2004                                                                          1
                                    AGENDA ITEM NO. _ _ _ __

                               CITY COMMISSION MEETING        3/23/04


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          March 16, 2004

RE:            Public Safety Administration Salary Ranges


SUMMARY OF REQUEST:

To approve the salary ranges for the Director of Public Safety and the Deputy Director of Public
Safety for Fire Services.



FINANCIAL IMPACT:

Included in the net savings of $100,000 for Public Safety Administrative consolidation.



BUDGET ACTION REQUIRED:

None at this time.



STAFF RECOMMENDATION:

To approve the salary ranges.



COMMITTEE RECOMMENDATION:

The City Commission has previously endorsed the Public Safety Administration concept.




O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS • 0: (PUBLIC SAFETY ADMIN-SALARY RANGES)
                       ADMINISTRATIVE/TECHNICAL/PROFESSIONAL/SUPERVISORY
                                         SALARY RANGES
                                        EFFECTIVE 3/28/2004

                                                     MINIMUM SALARY   MAXIMUM SALARY


RANGE 1-A                                                $67,302           $89,736

Director of Public Safety

RANGE     Ill                                            $53,220           $70,817

Deputy Director of Public Safety for Fire Services




JMS - 0: EXCEL (2004 SALARY RANGES-REVISED 031704)
                                                                              .mQ!!
                                                            NON-REPRESENTED EMPLOYEES SALARY SCHEDULE


SALARY SCHEDULE
11 STEPS



Cl A$$1FIQ8 TIQN

RANGE I-A
                                    $TEP 1

                                   67,302
                                                  =
                                                  69,545
                                                           =
                                                           71,789
                                                                    $TEP4

                                                                    74,032
                                                                             =
                                                                             76,276
                                                                                       =
                                                                                      78,519
                                                                                                =
                                                                                                80,762
                                                                                                         =
                                                                                                         83,006
                                                                                                                  =
                                                                                                                  85,249
                                                                                                                           filEE...1.Q

                                                                                                                           87,493
                                                                                                                                         filE.e...1.1

                                                                                                                                         89,736


RANGE I                            62,910         65,007   67,104   69,201   71,298   73,396    75,493   77,590   79,687   81,784        83,881


RANGE JI-A                         58,097         60,034   61,970   63,907   65,843   67,780    69,717   71,653   73,590   75,526        77,463


RANGE 11-8                         55,658         57,506   59,354   61,203   63,051   64,899    66,747   68,595   70,444   72,292        74,140


RANGE Ill                          53,220         54,980   56,739   58,499   60,259   62,019    63,778   65,538   67,298   69,057        70,817


RANGE IV                           45,844         47,372   48,900   50,428   51,956   53,485    55,013   56,541   58,069   59,597        61,125


RANGE V                            43,878         45,341   46,804   48,267   49,730   51,193    52,655   54,118   55,581   57,044        58,507


RANGE Vl                           41,123         42,494   43,865   45,236   46,607   47,978    49,349   50,720   52,091   53,462         54,833


RANGE VII-A                        38,061         39,330   40,599   41,868   43,137   44,406    45,675   46,944   48,213   49,482         50,751


RANGE Vll-8                        35,719         36,910   38,101   39,292   40,483   41,674    42,865   44,056   45,247   46,438         47,629


RANGE VIII                         33,698         34,822   35,945   37,069   38,192   39,316    40,439   41,563   42,686   43,810         44,933


RANGE IX                           29,694         30,684   31,674   32,663   33,653   34,643    35,633   36,623   37,612    38,602        39,592


RANGE X                             27,538        28,456   29,374   30,293   31,211   32,129    33,047   33,965   34,884    35,802        36,720


RANGE XI                            25,076        25,912   26,748   27,584   28,420   29,256    30,092   30,928   31,764    32,600        33,436


JMS•O: EXCEL (2004-2%-REVISED 03/17/04)
Updated: 3/17/04 - Public Safety Administration
                                   AGENDA ITEM NO. _ _ _ __

                              CITY COMMISSION MEETING      3/23/04


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          March 17, 2004

               Terminate Seaway Industrial Park Purchase Agreement


SUMMARY OF REQUEST:

To terminate the Real Estate Purchase Agreement and Development Agreement with Seaway
Industrial Park, L.C., (Grooters).



FINANCIAL IMPACT:

None.



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

To approve the termination of the agreements.



COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS. 0: (GROOTERS AGMTS · TERMINATIONS}
                                             - . .., /' 171
                                        J.OO,;..-tOa, LC )J-




                                                                                                 -- .. FINAL
                                                                                                   Q9{24/!)2

                             REAL ESTATE PURCHASE AGREEMENT.


           THIS AGREEMENT is made .. Oc..t,~ "3o                    .... , 2002,-by and between the
  CITY OF MUSKEGON,. a_ municipal. corporation; _with offices at· 933 Terrace, Muskegon,
  Michigan 49440 ("Seller"), and· SEAWAY INDUSTRJAf,.. PARK, L.C•. , a Michigan. limited
  liability company, with offices atA633 Patterson, S.E., Suite B, Grand Rapids; Michigan 49512
  ("Buyer")'.. ·                                  ·                               ·

           I.       Ge~~ral Agre~ment . and- Desci:iptfon of Premises. . .Upon the terms and
  conditions of this Agreement, Seller-agrees-to seH, and.Buyeragiees to·buy,-marketable record
  title of re·al estate, and a!Umproyements.thereon, with all beneficial easements, andvvith all of
  Seller's right,'.title arid interest in all adjoining public "fays, the real property_ l9cated in the City ·
  of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:

                                          See attached Exhibit A

  Subject to the reservations, restrictions _and easements of record, provided said reservations,
· restrictions and easeme.nts of record are acceptable. to Buyer upon disclosure and review of the
  same;


         2.       Purchase Price and Manner of Payment, The purchase price for .the Premises
 shall be as follo·ws:                          ·

                 a.       At and upon closing, Buyer shall pay Seller Four· Hundred Twenty
                          Thousand Dollars ($420,00Q:OO). for the Premises.

         3.       Taxes a~d Assessments. Seller shall·       be
                                                            resp~~sible for taxes and assess111ents ..
 (general and special) that are due and-payable at the time ofCkising: Buyer shall be responsible
 for taxes, if any, which become due and payable after closing.   ·•          . .        .

            4.     Title Insurance. Selle; agrees to deliver t; B~yer'~ attorney: within.ten (I 0) days
  after the Effective Date, a.commitment for title insurance, issued by Transnation Title Insurance
  Company,.for.an amount not less than the p~chase        price stated in this Agreement, guaranteeing
  title to the Premises on the conditions required _herefo. _In the evennhe reservatfons, restrictions,
  easements or other matte.rs of record disclosed by said title· ·coqµnitrnent are,. in ·the sole
  discretion of Buyer, deemed unacceptable, Seller.shall havefifteen (15) days from the date Seller.
· is notified in writing of such title objections te remedy sueil objecticms to Buyer's satisfaction. If
: Seller resolves such title_· objections and :remedief the title . (by obtai:nirig ~satisfactory title
  insurance or otherwise effecting · curative·. measures 11cceptable to Buyer) within the time
  specified, Buyer agrees to complete this sale as herein provided, assuming all other
  coIJtingel}cies are satisfied in Buyer's judgment or are waiyed by Buyer.. If Seller fails to resolye
                                                    __ ._,._
                   . -·,.-.... -·.                                                                                                                   . -.:::~•:·-·-.::-.--.,,....
                                                                                                                                                      . ·--•·..:: ...
                                                                                                                                                                                    :.

                                                                                                                                                 ·.c:.":--s.·
                         . ·.,·
                                                                       .·:   ..        .      ···'·-··.".                                               -      -    ,

      :SUChc t~tle0 01'lj!?gt_i0ns wi!_hin ·theJjme '!ibOye spe~ifie4°to ,:S,jiyei,1s, :-s_llti~Jaeti€l!f}ir,"-faiJs !f 9 btaj1r;-::c:' •-
                                           0



  ·•· ~aft~fa\tt<?ry ·titlec iriiuraµce;tq ~J;!yy_er's s~fisf4tio11,: rNirAtfa~m_e11t;w±lFfi~:t~pn111iiteo,)fr.!3t1x,ef'.s . • .. _·. .
... option. Thepremium for.the owner's title policy shall be paid. bySel!er., __
  •          -     -      _.____                               .                           '·. ·--:..--.=-~---~--::··,~r-:.::::.:",c:_ :- - :.

--    -_·-       Si.' ' ..           Coveniin f to: Co ristrtict'Ihlpfiivemen ts31Jid,UieD~B-i!y:.eracl¢i()iyfodg~,t11;it; !IS,;
   part of the consideration inuring to Seller, Buyer_cov.eiiants and agrees to,eonstruct on the
   Premises_ otie ..(l) huilding with a total.of 140,000 square feet; up.to ajlapp]icable cod1es. The
   square footage requirement will be reduced to the extent Seiler's parking requirements prohibit
 - meeting .the             squar6
                         footage rbquirernerit. -- The otiilding shal1"'6e COh~tfucted within: iwelvii (12)
   months of the closing of this transaction and the issuance by the City of the necessary jfermits for
   the construction of the buijdirig. Buyer inay only remove those trees ,neqessaryfor construction
  of  the bctilding'. and entr1mceways. - The buildin:g' shaW be' su6stantfa.ily coiiip!eted· a5"provided
   within the. time frames provided above and, in the event said substantial completion has not
   occurred, or the restriction of this paragraph relating to tree removal isviolated, in the reasonable
  judgment of the Seller, the Seller's sole recourse shall be to proceed against the Guaranty
  Document as described in the Development Agreement City of MuskegonRenaissance Zone of
  even date herewith between: Seller and Buyer (the "Development Agreement"). The covenants in
  this paragraph shall survive- the closing and run with the land.·           .

         6.      Survey. Buyer at _its own expense may obtain a survey of the Premises, and
 Buyer or its surveyor or other agents may enter the Premises for that-purpose prior to Closing. If
 no survey is obtained, Buyer agrees that Buyer is relying solely upon.Buyer's own judgment as to·
 the location, boundaries arid area of the Premises arid improvements thereon-without regard to
 any representations that may have been made by Seller or any other person, In the event that a
_survey by a registered land surveyor. made. prior. to closing discloses -an._.encroachment or
 substantial variation from the presumeci land boundaries or area, Seller shall have the option of
 effecting a remedy wiihin thirty (30) days after ciisclos~e; or tendering Bilyei's deposit in full
 termination ofthis Purchase Agreeri:teni, and p_aying the cost of such_survey. Buyer may e_lect to
 purchase the Premises subject to said encroachment or variation.

         7.      Environmental Inspection._ Ai its own.cost and expefu;e, Buyer and its agents
 shall have the right, but not the obligation, to enter the Property to -perform environmental
 investigations, studies, and tests which are permitted hereunder, to determine the ,environmental-
 condition of the Property ("Environmental Inspection"); provided, however; that for purposes of
 conducting any environmental investigation, Buyer arid its agents shall notify Seller, which shall
-have the option or'accompanying Buyer or its age:gts during si:ich EnviromneritaUnspection. }~e .
 Environmental Inspection shail be completed within twenty (20) days of execution of this
 Agreement, and Buyer shall have the right to obtain any ·BEA determination it deems
 appropriate. If Buyer is dissatisfied, in its sole discretion, with the Environmental Inspection, it
 may
 .
      terminate
       -  -_    this Agreement
                             -.-
                                 with no further-obligations.
                                       .  .         -. ··.         -              _.




           __ 8.
             Condition of Premises and Examination by Buyer.        NO IMP.LIED
'WARRANTIE~, 0F -. I{ABFrABILT:ry,:0 Q~ALI'I'Y, f:Ql~PJJ:ION; :cflTNESS ..- FOR -A; ---
 P ARJ'ICULAA PORPO-SE; OR A.NY OTHER IMPLIED WARRANTIES SHALL OPERATE
 BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
 SUCH IMPLIED
            .. . WARRANTIES.
                           .    BUYER UNDERSTANDS AND AGREES THAT If



                                                                                   2
                                                                                                               ·a:·:-...,, ..-




              B~R ACQUlREs:'fm:             P~MI;Es--,.rHE'P.REMtsEs;m TAKEit~··xs·rs;•t sUBJEctc_- -
              TO THE EXl'RES_S J:OVENANTS, CONI)ITIONS f\.p/D/OR,.EXPRES& .W~UE.S                                          _ -
        ' , CD_NTAINE:D lli/ THis:PtIR°CHASE AGREEME.NJc:,.BlJYER:;\VII;J~:4,ciwoiLEDOJ:t,A:T . ·•.•- ··.---
      - :ANb UPON CL,OSJNG .cTHAT- IT HAS PERSONALLY,INSPECTED.-fHE PREMISES AND ._,
-•.. , _, ,,.~sATis-FIED~wrtH ·riirrcoi<ibirroN "oF::.xHEiANo;i'.NN-fr-rHf>Btirinrnes AND:,c:. : ·•·
         '-- IMPROVEMENTS . ·-
                                 THEREON
                                   -    '  ' AND
                                              -· .
                                                   THAT THE . PROPERTY
                                                            -               ~   .
                                                                                   rs'--BEIN.tJ
                                                                     - ----•-- •-··-·    ---- -· PURCHASED
                                                                                                   -·             -~-- AS
                                                                                                                      -          ,_


              A RESULT OF SUCH -    .
                                     -INSPECTION AND - INVESTIGATION
                                                      .      ,.  . --
                                                                    -         . - - AND NOT DUE
                                                                                        __   ,'         --·- TO
                                                                                                           '  . ANY
                                                                                                                .        .
            . REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER, SELLERKNOWS OF NO
              HAZARDous·suBsTANcEs oR coNTAMINATioN ExciiPTFoR sucH MAITERs As
              HAvE· BEEN·brnr1osEo           mtHE·EmriONMENTAL R:B:roRrs oN rHE ·toRMER -
              SMITH PACKING PROPERTY AND. -THE FORMER NORDSTROM/NEILSEN
              PE,OPERTIES WHICH_HAVE BEEN FURNISHED ORMADEJ<NOWN TO_ BUYER, AND
              BUYER - . WAIVES -ANY CLAIM AGAINS'.f -', SELLER' IN THE EVENT - SUCH.-
              STUB
             ITS   STANCES ARE OTHERWISE
                 KNOWLEDGE.             - '      FOUND AND UNLESS SELLEicMISREPRESENTED .
                                                   '.,, '    ' '       '- '           - - _· .·,   -- _, -·--           ,-

               9.      Real Estate Commission. Buyer. and Seller both acknowledge a,nd agree that
       neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
      -no agent, broker, salesperson· oi otlierparty is ei1titled to a real estate commission upon. the
       closing of this sale. Buyer and Seller both agree to indemnify a.-id hold the other hannless from
    -- any liability, including·reasonable attorney ·fees;· occasioned· by reason of any- person or 'entity
    _ asserting a claim for a real estate commission arising from actions.taken by.the.other party.
                                                                        -           -
               10.     Closing. The dosing daJe of this sale shall be \1/ithin _tliirty(30) days of execution
       of this Agreement ("Closing"), subject to Buyer's--right to extend Closing for an additional thirty
     - (30) days upon Written notice to Seller. The Closing shaltbe conducted at Transnation Title
       Insurance Company, 570 Seminole Road, Ste. J 02, Muskegon, MI 49444. - If necessary, the
       parties shall execute an IRS closing report at the Closing.·

              1I.      Delivery of Deed. Seller shall execute and-deliver a quit claim deed to Buyer at
      Closing for the Premises and shall pay any transfer taxes due and owing. Such conveyance shall
      include all splits or division.rights with respect to-the.Premises.

            __ 12. - Affidavit.of Title. At the Closing, Seller shall deliver to Buyer.an executed -
     • Affidavit of Title,

   - ~~ ~:;; -~--]3;' ·,·__ 'Date {If Pols&sion::~ Possesslii:nof Prefuis'efis.to,6e·<l~){y~re;:fr~ Buyeihf:Stiller-/·< '
      on the date of Closing,

       ~-- ' ·_-·. 14, ', Costs;, Sellersha:U-be re~ponsible. t0°£_aY au ipplieabie'tf~sfeitaxes; ifat1y; }h- .• - -''
   _ -~-the amount requireii" By law; Jn a.qdhioiit:sen(:i::s'l_ia:!}bi( resporisilile'.to=·pay totihe-recording of -
   --,,_ any-instrument that rni;isi:bf recorded -to dear tiile~to: th~ P~erni;;es, to· the
                            0
                                                                                                  extent
                                                                                                    required by tills' -
  .·.. Agreement. Buyer shall pay :for''the· cost of recordi11g the• deed to be ,delivered ar Closing. -·The
          parties shall equally split the Transnation. Title closingf1,e. Each party shall pay.its own attorney
          fees.




                                                                3
        15.   Contingencies. Buyer's obligations under this Agreement are subject to and
contingent upon satisfaction by Buyer in its sole discretion (or written waiver by Buyer) of the
following conditions:

Approval of Renaissance Zone status of the Premises (and the property described in
subparagraph 15.b. hereof) by the City of Muskegon and the State of Michigan Renaissance
Zone Review Board no later than December 31, 2002;

In the event one or more of these conditions are not satisfied or waived, this Agreement shall
automatically terminate with neither party having any further obligation to the other.


       16.    General Provisions.

            a.     Paragraph Headings.             The paragraph headings are inserted m this
      Agreement only for convenience.

               b.    Pronouns. When applicable, pronouns and relative words shall be read as
      plural, feminine or neuter.

             c.      Merger. It is understood and agreed that all understandings and
      agreements previously made between Buyer and Seller with respect to the subject matter
      hereof are merged into this Agreement, which alone fully and completely expresses the
      agreement of the parties with respect to the subject matter hereof.

             d.      Governing Law. This Agreement shall be interpreted and enforced
      pursuant to the laws of the State of Michigan.

              e       Successors. All terms and conditions of this Agreement shall be binding
      upon the parties, their successors and assigns. Buyer shall have the right to assign this
      Agreement to one of its affiliates so long as Robert D. Grooters owns a controlling
      interest in such affiliate. Except as stated, there are no third party beneficiaries of this
      agreement.

             f.      Severability. In case any one or more of the provisions contained in this
     Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
     respect, such invalidity, illegality, or unenforceability shall not affect any other provision
     of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
     unenforceable provision(s) had never been contained herein.

            g.      Survival of Representations and Warranties. The representations,
     warranties, covenants and agreements contained in this Agreement and in any instrument
     provided for herein shall survive the Closing and continue in full force and effect after
     the consummation of this purchase and sale.




                                               4
                      ;.:-   ------::     ·::..:-___ ::: -
                                                                                  -,__ __ _




                                        . -·   -   ..:~ ..
                                  . h.     Modification of tb'e ;\gr:eeinent, This Agreement shall ll<l( be amended
                             exceptby a :Vrlting-stgnJ:;q b:\'.:SelJer and 13µyec:i::, •· . ._ .~ .
                                      i.      Authority.      Each party represents and warrants to the other that the
                             persons·executing-and delivering this Agreeineni on thei!'behalf·are 'duly authonzed to do
                             so.
                                     .r- · Effective:Date:            ''Tue Effective•Date of:tliis·Agteement Ts the date-·
                             that the last party hereto signs iii.is Agreement. . .. .·..        . .     .          .
                                        "•-· -                                    ,_.                - ·-   -   ,_.._,;_._.



                ..   . . 'The parties have exe~tifod,this Reill Estate.J>urchase Ag:reemertt the day and year first
          . ·. ·ab6ve ·writtei .                          .             . .. .    ..            ..       . .. . . .




                                                                                                  Stephen:T,
                                                                                                                                                     -- l



                                                                                                   ,t:;_1~!-·
                                                                                                  Gail
                                                                                                              I)- ~~_,~L-.,~ <--'
                                                                                                         Kundinger, Clerk
                                                                                                            A.

                                                                                                  BUYER:
                                                                                              -•_·-•- :sk;AwAv 1Novsr-RiA.1., J?ARl(-;L.                                          c:
                                                             ·.· ~__:- ..- :. -
                                    .--    ~-- ·:..:-




           #7247.76

                                                                                                                                                                          ~----




                                                                                                                              ... ~,-.- .· - "   .          . ·..,_--,..,_,


-..: ..




                                                                                                 5
                                            EXHIBIT A

Description of property in the Seaway Industrial Park for development :

Easterly 200 feet of the West 426.07 feet of South 546.5 feet of Southeast ¼ of the Northwest ¼,
Section 31 Town 10 North, Range 16 West, except the South 49.5 feet thereof.

Except that part which lies East of a line described as: Commencing at the West ¼ corner of
 Section 31, Town 10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan
thence South 89° 49' 59" East 1231.46 feet along South line of the Northwest fractional¼ of said
Section 31 for point of beginning, being North 89° 49' 59" West 120.43 feet from the Southeast
corner of the West 426.07 feet of the South 546.5 feet of the Southeast ¼ of said Northwest
fractional ¼ of Section 31. Thence North 00° 1O' 01" East 73.00 feet; thence Northerly 111.86
Feet on a 303.00 foot radius curve to the Right, Delta=21 ° 09' 11 ", Long Chord bearing North
10° 44' 36" East 111.23 feet; thence North 21 ° 19' 12" East 50.00 feet; thence Northerly 87.50
feet on a 23 7.00 foot radius curve to the left; Delta=2 l O 09' 11 ", Long Chord bearing North 10°
44' 36" East 87.00 feet; thence North 00° 10' 01" East 132.00 feet; thence North 89° 49' 59"
West 34.00 feet; thence North 00° 10' OJ "East 100.00 feet for point of ending on the North line
of said South 546.5 feet of the Southeast ¼ of the Northwest fractional ¼ of Section 31, said
point being North 89° 49' 59" West 100.92 feet from the Northeast corner of said West 426.07
feet of the South 546.5 feet of the Southeast ¼ of the Northwest fractional ¼ of Section 31.


And Also,

That part of the Southeast ¼ of the Northwest fractional ¼ of Section 31, Town 10 North, Range
 16 West, lying West of the C & 0 Railroad right of way, described as follows: Commence at the
intersection of the East line of Glade Street and the North line of Lyman Street in the Plat of
Alberts and Holthe Subdivision, as per plat of record in the office of the Register of Deeds for
said County, thence East 172.3 feet, more or less to the Westerly right of way line of said
railroad, said point being hereinafter referred to as Point "A", recommence at the place of
beginning, thence South along the East line of Glade Street, said line also being the West line of
said Southeast ¼ of the Northwest fractional ¼ of said Section 31, a distance of 499 feet more or
less to the centerline of the alley running East and West through Block 6 of said Alberts and
Holthe Subdivision, if said centerline was produced East, thence East along the centerline of said
alley, if produced a distance of 506.6 feet, more or less to the Westerly right of way line of said
railroad, thence Northwesterly along the Westerly right of way of said railroad to said Point "A",
according to the Government Survey thereof, excepting therefrom a strip of land 20 feet in width
lying Easterly of and adjacent to the East line of Glade Street over and across the North 74 feet
of the above described premises, and further excepting therefrom the following described parcel
of land: Commencing at a point on the Northwesterly right of way line of the C & 0 Railroad,
which is due East from the Southeast corner of Lot 9, Block 2 of Alberts and Holthe Subdivision
of part of the Southwest fractional ¼ of the Northwest fractional ¼, Section 31, Town 10 North,
Range 16 West, thence southeasterly along said Railroad right of way, 150 feet, thence
Southwesterly at right angles to said right of way line, 17 feet, thence Northwesterly at a distance
of 17 feet from, measured at right angles, and parallel to said right of way, 160 feet, more or less
to a point which is due West from point of beginning, thence due East to point of beginning.


                                                 6
And the Easterly 66 feet of the west 426.07 feet of the South 546.5 feet of the Southeast¼ of the
Northwest¼ of Section 31, Town 10 North, Range 16 West, lying West of C & 0 Railroad right
of way, except the South 16.5 feet thereof.

And Also,

All that part of the North ½ of the Southeast ¼ of the Northwest ¼, Section 31, Town IO North,
Range 16 West, described as beginning at a point on the East line of Glade Street, at the
Northeast corner of Lyman Street extended Easterly and Glade Street thence Northerly along
said East line of Glade Street to a point on a line which is 50 feet Southwesterly of and measured
at right angles and parallel to the centerline of Pere Marquette Railroad main track, thence
Southeasterly and parallel to said main track to a point which is directly opposite and East of
point of beginning, thence West to point of beginning. Except any part thereof owned by the
State Highway Commissioner of the State of Michigan.




                                               7
               \,
                 '\\
                                                       N
                             \\

                   5.7 AC.
                              \     \\
                                                  SCALE 1.   ~   200'

                              r---r- -\\ \ \
                                         \ -'\\
                                               ~i\,
                                               \\                \
                                                                              CITY OF MUSKEGON
                                                                                    MUSKEGON COUNTY, MICHIGAN
                                                                        C"t:"' A \AIAV U,U'"\1 lf"'oT'Mt A I    I""\ I. r•1d~

\ ·---··--l. _______~ .. =l .. _____l_______ _:__ __                 \\ ..............~~f                       ,Mf'\r\
                                                                                                                                I!
                                                                                                                                 '
                                                                                                                                ''
                      HACKLEY AVENUE-------                                                   2020325'
                                                                                             l0-10-02
5,ep-30-02   OS:3SA City Manager's Office                            231-722-1214                            P.02
                                                                                     ,;i._o O 2 -/OJ'   (c   'V
                                                                                               FINAL
                                                                                              O<J/24/02

                                 DEVELOPMENT AGREEMENT
                            CITY OF MUSKEGON RENAISSANCE ZOl'iE


             THIS   rs AN AGREEMENT between the CITY OF MUSKEGON, a municipal
      corporation. of 933 Terrace Street, Muskegon, Michigan 49441 ("City") and SEAWAY
      !1'DUSTRIAL PARK. L.C., a Michigan limited liabili1y company, of 4633 Patterson. S.E .. Suite
      B. Grand Rapids, Michigan 49512 ("Company").

                                                  Recitals:

              A       The City has recc:ived an application from the Company and intends to c-,nsidcr
      the location in a Renaissance Zone by the Company, and as a condition thereof tlfr, Agreemerc'.
      must be approved and executed by the Company prior to the establishment and loL,>T.ion or the
      business in tht: Renaissance Zone. Upon linal approval of Renaissance Zone status for th~
      property. the City will sign this Agreement and the Real Estate Purchase Agreement. The C11v
      deems this Agreement to constitute a necessary element in the City's determination regarding the
      snk of the Property to the Company, and the City relies upon the undertakings of Company in
      this Agreement to allow the Renaissance Zone stalus of the property.

              B.      The Company intends to install the project set forth in its Ap1 •licatio11 fo,
      Renc.issancc Zone location and approval. The Company understands that the City re 1ics upon t1, ·
      undc;takings of the Company in this Agreemenl to establish the Company's status a, a purchase:
      of property in the Renaissance Zone.

           NOW, THEREFORE, THE PARTIES INCORPORATING THE /\BOVE RECITALS
      1\GREE:

             1.    DOCUMENTS ATTACHED. Included in this Agreement are the foilow::,g
      documents which have been wllected and relied upon by the parties:

                     1.1    The Application prepared and filed by Company.

                     1.2    Copy of the Renaissance Zone Act, as amended to date.

                    1.3    City of '.\1uskegon Development Agreement Policy for Expandin•,
             Existing or Establishing New Renaissance Sub-Zones.

                     1.4     Exhibit containing Sile/Building requirements for this pro12ct a,,plyinl(
             Article VII of the Development Agreement Policy.

                     l .5    Real Estate Purchase Agreement.
Sep-30-02
 '   .    OB:39A City Manager's Office                             231-722-1214




             2.     COMPANY AGREEMENT. The Company agrees, subject to che wrms of thi,
     Agreement and the Real Estate Purchase Agreement, to the following commitment~. which it
     shall perform in a timely and reasonably acceptable manner:

                  2.1    Execution of the Real Estate Purchase Agreement attached as Exhibit A
           simultaneously with the execution of this Agreement. and delivery of both to the City.

                  2.2    Construction of the building as required in the Real Estate Purchase
           Agreement subject to review and modification hy the City Planning Commi:,sion and/or
           City Commission. The design and landsrnping of the site shall be subject LtJ ,.he approv,;
           of the Cicy. the City to reasonably apply its zoning, site plan. and otht'r land usL
           requirements.

                  2.3     The restriction that seventy-five percent (75%) of the square footage of the
           buildings, whether owned by Company or a successor owner(s) shall h~ used for
           "manufacturing purposes." Office space and warehousing of stored raw o: finished
           goods strictly ancillary to manufacturing on this site is included in the "manuh,~turi::,;
           purposes" square footage requirement.

                  2.4     The investment in the amount of Three Million n1ree Hundred Thous~-.-.d
           Dollars (S3.300.000) (the "Investment Objective").

                   2.5     The creation of60 jobs (the "Employment Objective··) within the first t,-,.
           years of operation.       This number will include the transfer of jobs frnm othc,
           municipalities and transferred from another location in the Ci1y. but lin<:ed to one
           transferred job within the City per one new job. The City may grant a one-yea,·, ~tension.
           in its sole discretion. after taking into account all uf the circumslances rclcrnnt t0 such
           extension.

                  2.6    The closing of the purchase of the real property described in ,!1e Re:d
           Estate Purchase Agreement (the "Property'').

                  2.7     Cooperation with City representatives to supply all requested and required
           documentation necessary in the City's reasonable judgment to determine compliance with
           the undertakings set forth in this Agreement and its attachments.

                    2.8   During the two (2) years after closing of the Property, the prnduction at,d
           utilization of improvements as set forth in the attachments shall he swtained and
           maintained.

                  2.9     The Company shall take all required precautions to avoid lhc release r,!°
           any hazardous substance in violation of any environmental law on its prcmiss·s. and shall
           report any releases to the appropriate authority in a timely and complete 1rca1111cr as
           required by law. providing copies of said documentation to the City. Subjcc1 to its rights
           to contest any proposed orders and actions, the Company shall comply with all orc.Jers and
           actions of any goYernmental agency having authority.



                                                    2
Sep-30-02 08;39A City Manager's OFfice                               231-722-1214                          P.04




                   2.10   During the entire period for which the Renaissance Zone is in effect, the
            Company shall maintain the improvements so as to minimize physical or functional
            obsolescence.

                   2.11   The Company shall improve the properties and imprO\ements. as
            contemplated in Article VII of the Development Agreement Policy, in accordance with
            the provisions of the Exhibit attached covering Site/Building requireme11ts. These
            requirements shall be in addition to any zoning or site plan requirements of the Planning
            Commission or Cit)' Commission.

                    2.12   As deemed appropriate by the Company, the Company shall lile a \.Jaster
            Deed with respect to some portion or all of the Properties and create a condominium
            project. In addition Lo the best efforts of the Company concerning tenants <.r buyers or
            Condominium Units (set forth in Section 2.14 below), the Master Deed and other
            Condominium documents, including, without limitation, Association Rylaws. shall
            require that every unit owner and its oct:upant(s) in the Condominium Units agree(s) to
            and is(are) bound by, this Development Agreement as it may apply. its attachments, and
            all Renaissance 7.one requi rem en ts.

                   2. !J Company shall attempt to acqum: property commonly ref~rred tn                a,
            "Ernies Car Lot," being tax parcel n o . - - - - - ~

                    2.1-1 Company agrees that it shall and will use its best efforts , • ..cause: all
            tenants or buyers of condominiumized property to comply with Renaissanc~ Zone
            requirements. including that tenants/buyers may not re-locale to this site from sites within
            the City except pursuant to Section 2.5 hereof.

                   2.15     Company shall obtain and deliver the Guaranty Document required :n
            Section 5.6 of this Agreement.

                   2.16     Performance of tl1e Company's obligations under this Agreement and the
            Real Esta le Purchase Agreement is subject to events of force majeure.


            J.       AGREE!\1E:'/T BY THE CITY. The City agrees to the following c,•11m1itmenl~
     which iL shall perform in a timely and reasonably acceptable. manner:

                  3.1     Provided this Agreement has been executed by the Company and further
           provided all applications concerning Renaissance. Zone status have been prop•.:rly filed by
           the Company. the City shall. in an expeditious and timely manner. proceed with the
           appropriate meetings or applications including as necessary the Stak of Michigan
           Renaissance Zone Review Board. and with all local review entities required by law.
           including the establishment of a Renaissance Zone designation for the property in
           question. The City may consider this Agreement in a meeting separate from and prior to




                                                     3
~ep-3,0-02   OS:40A City Manager's                  Office             231-722-1214                          ;-   05




             the meeting or meetings in which the City or any entity considers the creation of the
             district or approval of the applicant for Renaissance Zone status.

                    3 .2   Execution. simultaneously with the execution of this Agreement, of the
             Real Estate Purchase Agreement (upon final approval of the Renaissance Zum,
             Application).

             4.      EVE)'.;TS OF DEFAULT. The following actions or failures to complv. subject tci
      events of fnrce majeure, shall be considered events of default by the Company if not curec
      within thirty (30) days after receipt of v.Titten notice from the City of such act er failu,.~ to
      comply.

                     4.1     Failure to meet any of the commitments set forth above.

                     4.2    The failure to construct the building.

                     4.3     Failure to deliver to the City the documentation and reporting r~asonably
             required.

                     4.4    The failure to satisfy the Investment Objective, or the !:rnploymem
             Objective, meet the affinnative action goals as set forth in attached Exhibit B hereto ;,
             expend the funds on improvements as represented in the attachments with111 1he time,
             required herehy.

                     4.5     During the first two (2) years after closing of the Property, the closing, or
             substantial closing. of manufacturing operations in this Renaissance Zon·:. Without
             limitation. dosing includes removing operations to a location or locations c'!ltside the
             Renaissance Zone, abandonment of the buildings, or other actions which· rcs;;\t iri a
             suhstantial loss ofjohs and production in the Zo11<:.

                    4.6     The bankruptcy or insolvency of the Company.

                     4. 7     Subject to the Company's right to contest any taxes or special assessments.
             the failure to pay any taxes other than those exempted by the Renaissance Z<1ne AcL n01i
             the failure to timely pay ,my special assessments levied on the Company's p, opc1ty aftc::
             kvy or final appeal.

                    4.8     The violation of any material prov1s1ons, promises, ccmm,:ments,
             considerations or covenants of this Agreement.

            5.      REMEDIES ON DEFAULT. In the event that any of the aho\'c uncurc,.; defaults
     occur within the first two (2) years after closing of the Property, but no sooner 1ha11 six (o)
     months after the date set by this Agreement for completion of construction of the building by the
     Company, subject to events of force majcurc, the City shall have the following remedies which it
     may invoke without notice. except as may he reasonably required by the Company's rights to due




                                                       4
Sep-30-02 OB:40A c;ty Manager's Off;ce                               231--722-1214                          p.   :,s




     process. The amounts due hy reason of the exercise of the remedies by the City shall be claimed
     solely against the Guaranty Document required by this Agreement.


                    5.1     In the event of default as specified in section 4.2 abo\'e and after
            investigation of the facts and a public hearing. if appropriate, the City may file a clair,
            against the Surely on the Guaranty Document for amounts set forth below. 1.p to bul m,t
            exceeding the amount of the Guaranty Document, 10 he paid by the Surety ;':,rlhv.·ith tn
            the City. with the following consequences:

                           5.1.1   The Company shall cause Lhe Surety to pay to the City. for nrn r,na
                   distribution to any taxing unit which has not been reimbursed by the S+atc or the
                   State of Michigan. an amount equal to all real and personal property tax..:; whirh
                   have been excused.

                          5.1.2 The Company shall cause the Surety to pay to the State of
                   Michigan all amounts of the corporate income tax which have been aba\ed under
                   the Renaissance Zone Act, if any.

                          5.1.3 The Company shall cause the Surety to pay to tl·c City ar<·
                   corporate City income tax which has been abated pursuant to the :-' enaissancc
                   Zone Act.

                    5.2     Failure to Construct. In the event the improvements haYe not bee'·:
            substantially completed or installed by the time set forth in this Agreement. ti:-: Company
            shall cause the Surety to reimburse the City, taxing units or State for all abateci '.axes on
            said property with respect to the portion of the improvements not substantially completed
            or installed.

                   5.3     Failure to Expend the Funds Represented.          Whether or not the
            improvements have been completed, if the Company has not satisfied the Investment
            Objective, the Company shall show cause to the City why such failure has occurred.

                    5.4     Job Creation and Retention. In the event Employment Ob_jcc,iYc has no,
            been satisfied. a pro rata amount of the Guaranty shall be paid by the Con:",:my o: the
            Surety to the City (based upon $5,000.00 per job to be created.), not to exceed the amount
            of the surety.

                   5.5      Other Violations. For any material violations of this Agreemcni, the City
            reserves the right to seek recovery under the Guaranty Document.

                   5.6      City Considerations for Determination in Maners of Default. The City
            shall not unreasonably take any action which may result in invocation of lhc remedies
            ahove. It shall take the following factors into consideration as mitigating factors:




                                                      5
                                                                        231-722-1214                          P.07
.   .
sep-30-02
    .          OS,41A City Manager's Office




                               5.6. I The econom1c conditions, if any, reasonably known to the City,
                               which are found to be directly related to the default or circumstance
                               causing the proposed action by the City.

                               5.6.2 The performance of the Company in meeting the commitments at"'
                               requirements of the Application, the submitted material~. and the
                               provisions of the Certificate and this Agreement.

                               5.6.3 Whether the effect on the City's finances of the Company's actior.,
                               is material and substantial.

                              5.6.4 Whether the circumstance affecting the status of the Company wns
                              created by occurrences beyond the control of the Company or could
                              reasonably have been avoided, and, in particular, whether the Company
                              could economically and feasibly continue to perform as required by this
                              Agreement.

                       5. 7   Performance Guarantee. The Company shall deposit with the Cit) ..
               Performance Guarantee. w11h a term expiring two years from the date a huild1,1g permit i,
               issued for the Property. in the fonn of a Surety Bond issued by a surety lic•:'Jsed i;, the
               State of Michigan (the "Surety") and acceptable to the City. (the "Guaranty Do<..ccrnent" ).
               in the amount of Two Hundred Sixty-Four Thousand Dollars ($264.000). The Guarant''
               Document shall unconditionally obligate the Surety to pay an amount to thl' City :il the
               event of default. to be equal to the taxes abated to the date of default, togcthc-- with all
               taxes which may be abated for any subsequent period tl1c default continues, p;us a,,y
               reasonable costs to the City caused by the failure of the Company to comply, including.
               without limitation, any reasonable costs of cure incurred by the City to bring the
               improvements on the property into compliance with this Agreement or planning nr
               zoning requirements.

                      :--Jotwithstanding any provision of this Agreement and its attachments or any oth;:r
               document or statute referenced herein, in no event shall the liability of the Company fo:·
               any and all default hereunder exceed the amount of the Guaranty Document.

                6.       GoYerning Law. This Agreement shall be construed and enforced in accordance
        with the Laws of the State of Michigan applicable to contracts made and to be perfo·med within
        the State of l\-fichigan. and in particular the Renaissance Zone Act of the State. as amcr,·led.

                 7.      Counter:parts. This Agreement may be executed in one or more counterparts.
        1','otwithstanding such execution all such counterparts shall constitute one and the same
        Agreement.

                8.     Benefit. This Agreement shall he binding upon and inure to the benefit of the
        respective parties. their successors and personal representatives. The Company shall have the
        right to assign this Agreement to any of its affiliates so long as Robert D. Grnoters owns a




                                                        6
                                                                                                           P.08
.Sep-30-02
  . .        OS:41A City Manager's Office                              231··722-1214




      controlling interest in such affiliate. Except as so provided, there is no third party beneficiary
      intended upon the execution of this Agreement.

              9.     Effective Date. This Agreement shall be cflective on the date the State o:
      J\lichigan Administrative Board approves the amendment to the City of Muskegon.'\1uskcgon
      Heights Renaissance Zone. In the event that (i) Renaissance Zone slams is not granted by the
      State of Michigan Administrative Board by December 31, 2002, then this Agreement shall
      automatically terminate and be null and void, with neither pany having any further obligations to
      the other.

             I 0.      lnvaliditv. In the event any provision of this agreement is declared invalid by a
      c<Jun or tribunal having competent jurisdiction, the remainder of the agreement shall remain 111
      ful I force and effect


                                                   CITY OF MUSKEGON,
                                                   a municipal corporation




                                                   Dated:      IO/ oo .2002
                                                                   I     ·-



                                                   Seaway Industrial Park, L.C.
                                                   a Michigan Limited Liability Company.




                                                   Dated:    10/3-u           ~   2002




                                                     7
Sep-30-02 OB:42A c ; t y Manager's Off;ce                     231-722-1214                      P.09
'   '   .




                                              EXHIBIT A

                 REQUIREMENTS TO COMPLY WITH ARTICLE VH OF THE
                        DEVELOPMENT AGREEMENT POLICY


            I.   Twenty foot wide landscape buffer along the entire Hackley A venue, Park Street,
                 and Young Street frontage. To meet Planning Commission approval.

            2.   Any new signs must meet the requirements of the Zoning Ordinance.




                                                8
                         AGENDA ITEM NO. _ _ __

                  CITY COMMISSION MEETING _ _ _ __



TO:           HONORABLE MAYOR AND CITY COMMISSION

FROM:
              Ken Chudy, Acting Fire Chief    /i:2__
DATE:         March 22, 2004

SUBJ:         Request for Permission to Apply for 2004 USFA Grant


SUMMARY OF REQUEST:

The Fire Department is requesting City Commission permission to apply for 2004 United
States Fire administration "Assistance to Firefighters Grant Program" to provide
firefighter equipment to enhance operational safety.


FINANCIAL IMP ACT:

$10,000 match through depmiment capital funds.



BUDGET ACTION REQUIRED:

None



STAFF RECOMMENDATION

Staff recommends approval of grant application to USFA for fire equipment acquisition.


COMMITTEE RECOMMENDATION:
March 22, 2004



Honorable Mayor and City Commission
Through the City Manager

Re: 2004 United States Fire Administration Grant Request

Dear Mayor and Commissioners:

I am requesting permission to submit for the 2004 United States Fire Administration
"Assistance to Firefighters Grant Program". These grants through FEMA provide funds
to the local jurisdictions for programs to both protect citizens and our firefighters.

For 2004, our program is an enhancement to our emergency operations equipment. This
grant will provide updates to firefighter protective clothing, gas detection monitors,
accountability system and hazardous material monitoring devices.

The anticipated result will be a reduction in the number of potential injuries and increase
the ability to better serve City of Muskegon residents.

The proposed grant will require a I 0% local match and can be accomplished through
departmental capital funds. Although not finalized, the grant request will be
approximately $100,000.

Sincerely,

r-C.-.,Uu,,,r
Ken Chudy
Acting Fire Chief
DATE:         March 16, 2004

TO:           Honorable Mayor and City Commissioners

FROM:         Robert B. Grabinski, Director of Inspections

Re:           Concurrence with the Housing Board of Appeals Notice & Order to
              Demolish. Dangerous building case #EN-030163 Address: 483 W.
              Muskegon Ave.

SUMMARY OF REQUEST:                This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 483 W. Muskegon Ave.-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-030163 Address: 483 W. Muskegon Ave.

Location and ownership: This structure is located on W. Muskegon between 5th
and 6th Streets and is owned by Anthony and Terrson Bethea of Muskegon.

Staff Correspondence: This case began with a police report of unsafe conditions
and a break in of this vacant house. A dangerous building inspection was
conducted on 10/9/03 and an interior inspection was conducted 10/22/03. The
notice and order to repair or remove was issued 11/13/03. On 1/8/04 the HBA
declared the structure, with the Director of Inspections stating he would delay
taking the case to City Commission for 60 days.

Owner Contact: The owner contacted the Inspection after he purchased the
house at the State auction 9/17 /03. He was also present for the interior
inspection and HBA meeting on 1/8/04. At that time he stated he was aware of
the required repairs, but had a financial set back. He was working with NIC and
getting estimates for repairs. On 12/8/03 he called the Inspection office and
stated he was not getting help from NIC and asked for a 60-day extension to try
to sell the house.

Financial Impact:   The demolition will be paid with CDBG funds.

Budget Action Required:      None

SEV: $10,600

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

Estimated Cost of Repairs:          $12,000
City Commission Recommendation:         The Commission will consider this item
at it's meeting on Tuesday, March 23, 2004.
                               CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                  483 W. Muskegon

                                        10/14/03


Inspection noted:

1.     An interior inspection is required by all trade inspectors (plumbing, mechanical,
       electrical and building) before any permits or certificates of occupancy will be
       issued.
2.     Roof covering on home is deteriorated. Replace shingles.
3.     Chimney on home is collapsing. Replace to code.
4.     Structural damage to rafter system. Provide rafter inspection - severe drops in
       roofline of home.
5.     Replace all damaged siding.
6.     Broken out window frames and glass. Repair/replace all window panes, frames -
       paint - glazing.
7.     Smoke detectors installed throughout to code.
8.     Main exit required to be one 3 foot wide 6 foot 8 inch door.
9.     Repair all soffit fascia damage.
10.    All construction work requires permits. Permits must be pulled before work
       begins.

Please contact Inspection Services with any questions: 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:\WINDOWS\TEMP\483 W. Muskegon-Ext.doc
                               CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                 483 W. Muskegon
                             (INTERIOR INSPECTION)
                                     10/22/03


Inspection noted:

I.     Wiring in basement to have physical protection.
2.     Bathroom outlet to be GFI protected.
3.     Front bedroom closet light to have clearance from shelf to code.
4.     Service to be grounded to meet 2000 MRC.
5.     Smoke alarms to meet 2000 MRC.
6.     Water distribution missing or broken - needs replacement.
7.     Waste & vent is broken or missing - needs replacement.
8.     HVAC in state of disrepair - needs servicing & cleaning.
9.     Chimney has no liner.
10.    Remove rear entry enclosed porch- structurally unstable.



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:\WINDOWS\TEMP\483 W. Muskegon interior.doc
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1ttp://207.175.26.27/prdweb/BSAPRD.dll?MfcISAPICommand=Dispatcher&command= l2&unit=Mu... 3/16/2004
                           MEMORANDUM

TO:          Mayor and City Commission
FROM:        Lee J. Slaughter, Assistant City Manager
DATE:        March 16, 2004
RE:          City Commission 2004/2005 Vision,Value, Mission Statements


SUMMARY

On February 27, 2004, the City Commission and staff participated in their
annual goal setting session. The attached Vision, Value and Mission
statements, along with a set of prioritized issues/projects are the result of that
undertaking. Staff is requesting approval of both documents.

FINANCIAL IMPACT:

None

BUDGET ACTION:

None

STAFF RECOMMENDATION:

Staff recommend approval.
                               VISION
       MUSKEGON, THE PREMIER SHORELINE CITY
       OF WEST MICHIGAN.

                              VALUES

    PROVIDE ALL SERVICES IN A PROFESSIONAL, ETHICAL,
    COURTEOUS, AND COST-EFFECTIVE MANNER.

                              MISSION

TO IMPROVE THE QUALITY OF LIFE FOR THE
CITIZENS OF MUSKEGON THROUGH
STEWARDSHIP OF RESOURCES, EXCELLENT
SERVICE AND LEADERSHIP FOR THE GREATER
COMMUNITY.
• Take Leadership Responsibility for Improving Race Relations and
  Diversity.

• Foster Opportunities for City Youth.

• Promote Economic Stability, diverse Economic Growth, and
  Redevelopment.

• Sustain the Natural, Cultural, and Recreational Resources of the
  Community.

•   Foster Strong Ties Among Governments & Community Agencies.

•   Develop and Maintain City Infrastructure and Facilities.

• Maintain and Enhance the Residential Neighborhoods of the City.
Issues/Projects Ratings

The following list represents those issues/projects that were rated of greatest
importance to the City Commission. There is also a second notation regarding
the project's rating with City management staff. The process of prioritization was
based upon the following factors:·

•   The project is consistent with the Mission of the City
•   The City has the resources available (human, financial, facilities, other) to
    achieve the goal
•   There are key "partners" available to assist with achievement of the goal.

Projects Receiving "5 Stars"

•   Continue efforts to fight blight in city neighborhoods

    (received 12 stars from city staff)

Projects Receiving "4 Stars"

•   Development of the downtown area including all of the projects noted below:

     •   Redevelopment of the mall property
     •   Development of Edison Landing
     •   Improvements to Western Avenue
     •   Fisherman's Landing
     •   Shaw-Walker Properly re-development
     •   Boilerworks Building re-development
     •   Grocery store in the downtown area
     •   Parking ramp

    (received 9 stars from city staff)

•   Continuation of efforts to create a customer-friendly City Hall recognizing the
    challenges presented by the nature of some services offered/performed by
    City staff (delivery of city services must often balance "rights of the individual"
    vs. "common good")

    •    Continued emphasis on customer service training for staff
    •    Importance of "first impression" to customers
    •    Recognition that Commissioners must give adequate support to city staff
         in customer interactions when appropriate
    •    Importance of customer recognition and timeliness of response

    (received 5 stars from city staff)
Projects Receiving 3 Stars:

•       The potential discharge of process water into Lake Michigan from Nugent
        Sand property and its impact on the shoreline, water quality, and other related
        issues

    (received 7 stars from city staff)

    •   Development and implementation of a "Cool Cities" strategy to retain (and
        attract) young, creative people in/to the community

        (received 6 stars from city staff)

•       Acquisition of land along the Muskegon Lake shore-line for public use.

        (received O stars from city staff)

Projects Receiving 2 Stars:

•       The exploration and possible initiation of ALS (advanced life support)
        ambulance service by the City

        (received 1O stars from city staff)

•       Continue emphasis on the importance and value of a diverse community and
        the benefits of diversity to the overall community

        •   Communicate the importance of diversity to the local business community
        •   Strive to appreciate and better understand both the strengths and
            differences among the various ethnic/racial groups in the city
        •   Make diversity operational inside and outside city government
        •   Ensure that an appreciation of diversity is present in how City Hall
            interacts with the community
        •   Actively deal with attitudes toward diversity among City Hall staff

        (received 7 stars from city staff)

•       Continue investment in infra-structure: water mains, sewer lines, and streets

        (received 7 stars from city staff)

•       Actively engage in efforts to enhance regional cooperation among local units
        of government and/or functional consolidation of services (GIS, Muskegon
        Area Plan)

        (received 7 stars from city staff)
•   The initiation of cross-lake ferry service to Milwaukee, WI and the impact on
    the Lakeside area of the city (development and traffic patterns that may be
    affected by the ferry service, its customers, and related development)

    (received 6 stars from city staff)

•   Continue efforts to develop a most equitable process for assessing properties
    for street improvements

    (received 6 stars from city staff)

•   Continue efforts to develop new single-family housing in the city (balanced
    with development of new rental properties)

    (received 4 stars from city staff)

•   Replacement of the central fire station (ensure that space is available for use
    by community groups)

    (received 4 stars from city staff)

•   Market available properties in Seaway Industrial Park

    ( received 1 star from city staff)

•   Development of a casino in the downtown area.

    (received O stars from city staff)

•   Oversight of the completion of Shoreline Drive construction and the "re-
    design/re-alignment" of Muskegon and Webster Avenues

    (received O stars from city staff)

Projects Receiving 1 Star:

•   Ongoing evaluation of how city services are organized and delivered with
    emphasis on efficiency and reduced expense without diminishment of service
    quality (recognition of budget situation facing the city)                         •
                                                                                      }

    (received 1 star from city staff)

•   The city should set-aside funds to support the city's intervention in
    environmental issues affecting the city

    (received O stars from city staff)
Following is a list of other projects that received "stars" from City Staff but
not from Commissioners:


Received 7 stars from City Staff:

•   Continuation of efforts to strengthen relations with city staff:

    •   Timely settlement of contracts with organized staff and appropriate
        administration of contracts
    •   Recognition and appreciation of the efforts put forth by city staff
    •   Continue to build trust with staff through open and frequent
        communication (especially important during tight budget times)

Received 6 stars from City Staff

•   Continue efforts to respond to and be aware of the needs of the young people
    of the community and to respond appropriately to those needs given the
    resources available:

    •   Provision of recreational opportunities (including role for Arena Annex)
    •   Offer employment opportunities for young people
    •   Opportunities to involve young people in civic/governmental activities
        (create future civic leaders)
    •   Emphasis on importance of education
    •   Continue to balance direct and indirect involvement in youth issues

Received 2 stars from City Staff

•   Actively manage/promote the image of the City to key constituents


Received 1 star from City Staff

•   Invest in improvements to Hartshorn Marina


Following is a list of other projects that received no stars from either City
Commission or city staff (these projects are recognized as important in the
long-term but are beyond the current resources of the City)

•   Continued development of the Lakeshore Pathway bicycle path
•   Development of the Getty Street corridor
•   Development of community center( s) to serve the youth and elderly of the city
•   Storm water utility system
                                                                                       ofoo t/- JJ (c,)



CITY OF MUSKEGON
State of Michigan

                                    Resolution
WHEREAS, Mr. Enous Lee's, death will leave our community with a deep feeling of
               sorrow for the loss of such a respected citizen; and

WHEREAS, Mr. Lee was for the past 80 years a Muskegon resident were he was the
               owner of the J & L Pool Hall and was affectionately known as "Pappy";
               and

WHEREAS, he earned the respect of many young African-American males for his
               loving advice on how to utilize their lives to become valuable citizens in
               their community; and

WHEREAS, Pappy Lee earned a deep respect of all those with whom he came into
               contact with and the love and affection of all who were proud to call him
               friend.

NOW THEREFORE, BE IT RESOLVED, that I Stephen J. Warmington, on
behalf of the City of Muskegon Commission and the entire community do hereby express
deep grief and extend our condolences to the bereaved family of Mr. Enous "Pappy" Lee


IN WITNESS WHEREOF, we have hereunto set our hands and cause the seal of the
City of Muskegon be affixed this 23'd day of March, 2004.



Stephen J. Warmington, Mayor                            Bill Larson, Vice Mayor



Stephen J. Gawron, Commissioner                         Kevin Davis, Commissioner


Chris Carter, Commissioner                              Clara Shepherd, Commissioner



Lawrence Spataro, Commissioner

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