City Commission Packet Archive 02-25-2003

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       CITY OF MUSKEGON
         CITY COMMISSION MEETING
                        FEBRUARY 25, 2003
      CITY COMMISSION CHAMBERS                               @    5:30 P.M.


                                    AGENDA
ROLL CALL:
CONSENT AGENDA:
              a. Approval of Minutes. CITY CLERK
              b. Request to Fly the Irish Flag. CITY CLERK
              c. Budgeted Vehicle Replacement - 580M Backhoe. PUBLIC WORKS
              d. Budgeted Vehicle Replacement-Ford F-250 Trucks. PUBLIC WORKS
              e. Storm Water Phase II Permit Application. PUBLIC WORKS
              f.   Traffic Department Materials and Services 2003. PUBLIC WORKS
              g. Softball World Agreement. LEISURE SERVICES
              h. Port-o-Jon Bids. LEISURE SERVICES
              i.   Seyferth In-Line Rink Surfacing. LEISURE SERVICES
              j. Smartzone Agreement Between the City and                  Community
              Foundation. PLANNING & ECONOMIC DEVELOPMENT
              k. City's Application for Seawall Permit - Smartzone. PLANNING &
              ECONOMIC DEVELOPMENT
             I. Former Mall       Parking   Lot   Environmental    Assessment.   CITY
             MANAGER
             m. Appointment to the Muskegon            Housing Commission.       CITY
             MANAGER
PUBLIC HEARINGS:
             a. Request to Issue an Obsolete Property Certificate - Neighborhood
                Investment Corporation. PLANNING & ECONOMIC DEVELOPMENT
             b. Create a Special Assessment District for Terrace, Iona to Peck.
                ENGINEERING
             c. Create a Special Assessment District for Davis. Laketon to Southern.
                ENGINEERING
             d.
NEW BUSINESS:
                a. Sale of Capital Improvement (Sidewalk) Bonds. FINANCE
                b. Liability/Property Insurance Renewal. FINANCE
                c. Letters of Appeal. BOARD OF REVIEW
                d. Clerical Union Tentative Agreements (TA'sl.        ASSISTANT CITY
                   MANAGER
                e. FIRST READING: General Employees' Retirement System Ordinance
                     Amendment. ASSISTANT CITY MANAGER
                f.   Request Permission to Award Bid for Organizational Assessment to
                     Ludwig Group LLC. FIRE DEPARTMENT
                g. Concurrence with the Housing Board of Appeals Notice & Order to
                   Demolish:
                1. 1968 Leahy (Garage only)
                     2. 465 Adams (Garage only)
                     3. 521 Mulder (Garage only)
                     4. 1129 Sanford
                     5. 1166 W. Grand
               o?oo:i- I<?'   ct,)
Date:      February 25, 2003
To:        Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, February 10, 2003; and the
Regular Commission Meeting that was held on Tuesday, February 11,
2003.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
                           MINUTES
                   City Commission Worksession
                                 February 10, 2003
                                      5:30PM
                          City Hall Commission Chambers

Mayor Warmington called the meeting to order at 5:34 p.m. Also present were Vice
Mayor Buie, Gawron, Larson, Schweifler, Shepherd, and Spataro.

1.     Budget Update
       Finance Director Tim Paul explained the item and answered questions.

2.     Grant Application
       Kris Collee from Volunteer Muskegon and Melissa Jacobsen gave a presentation
       reference McCrea Park playground, benches, and water fountain. Match would
       be $1 - $1 or $.20 - $1.

3.    "Imagine Muskegon"
      This was discussed at the Community Relations Committee Meeting.

4.    Any other business
      Various items were discussed.

5.    Adjournment: Meeting adjourned at 7:34 p.m.

                                                  Respectfully submitted,


                                                  Gail A. Kundinger, MMC
                                                  City Clerk
         CITY OF MUSKEGON
            CITY COMMISSION MEETING
                        FEBRUARY 25, 2003
        CITY COMMISSION CHAMBERS@ 5:30 P.M.

                                     MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, February 25, 2003.
   Mayor Warmington opened the meeting with a prayer from Pastor Julie Winklepleck of
Immanuel Lutheran Church, after which members of the City Commission and members of
the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen
Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City
Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2009-18 CONSENT AGENDA:
               a. Approval of Minutes. CITY CLERK
   SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was
   held on Monday, February 10, 2003; and the Regular Commission Meeting that was held
   on Tuesday, February 11, 2003.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the minutes.
               b. Request to Fly the Irish Flag. CITY CLERK
  SUMMARY OF REQUEST: The Muskegon Irish American Society requests permission to fly
  the Irish Flag outside City Hall on Monday, March 17, 2003, to celebrate St. Patrick's
  Day.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval
               c. Budgeted Vehicle Replacement - 580M Backhoe. PUBLIC WORKS
  SUMMARY OF REQUEST: Approval to purchase one 580M backhoe from Wolverine
  Tractor.
  FINANCIAL IMPACT: Cost $57,000 less $19,000 trade for a total cost of $38,000.
 BUDGET ACTION REQUIRED: None. There is $70,000.00 budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one Case 580M backhoe from Wolverine
Tractor.
               e. Storm Water Phase II Permit Application. PUBLIC WORKS
SUMMARY OF REQUEST: The City of Muskegon will be submitting an application for a
Phase II Storm Water permit on March 13, 2003 as required. This application includes a
watershed description, map of storm sewer outfalls, Public Education Plan (PEP) and
Illicit Discharge Elimination Plan (IDEP). The City will be participating in the Muskegon
Area Storm Water Committee-sponsored PEP but will be conducting the IDEP
independently. The City has already achieved most of the goals of the IDEP through the
current illicit Connections Identification Grant project.
FINANCIAL IMPACT: Expenditures for the Public Education Plan will be $2,051 in 2003
and $3,940 in 2004 Current Illicit Connections grant will offset 70% of IDEP expenditures
in 2003.
BUDGETED ACTION REQUIRED: None.              Expenses are budgeted under the Storm Water
Budget.
STAFF RECOMMENDATION: To approve the submittal of the Phase II Storm Water Permit
Application.
               f. Traffic Department Materials and Services 2003. PUBLIC WORKS
SUMMARY OF REQUEST: Contract with the Muskegon County Road Commission for the
joint purchase of various Traffic Department materials and services. We have bid out
these items with MCRC for the past thirteen years. By bidding together with MCRC and
other municipalities we are able to get better unit prices because of larger quantity
purchases.
FINANCIAL IMPACT: Sign materials and services to be jointly bid:
Sign Blanks ............................................. $1,500.00 approx.
Ready-made Signs .................................... $1,400.00 approx.
Sign Posts ...................•.......................... $4,500.00 approx.
Sign Sheeting .......................................... $1,800.00 approx.
Centerline Painting ................................... $12,500.00 approx.
                                 Total $21,700.00 ($21,100.00 in 2001)
BUDGET ACTION REQUIRED: None, this item is requested each year in the appropriate
Highway budgets.
STAFF RECOMMENDATION: Approve the continued joint purchasing with the Muskegon
County Road Commission for sign materials and services.
              g. Softball World Agreement. LEISURE SERVICES
SUMMARY OF REQUEST: To approve an agreement with Muskegon Charter Township for
the use of Softball World for all City of Muskegon, Dept. of Leisure Services Softball
Games.
FINANCIAL IMPACT: $8,500 per year for three years. Total impact, $25,500.
BUDGET ACTION REQUIRED: None, included in 2003 budget.
STAFF RECOMMENDATION: Approve.
             h. Port-o-Jon Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to Fresh Start for the 2003 Port-o-Jons for
various City Parks.
FINANCIAL IMPACT: Approximately $12,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
             i. Seyferth In-Line Rink Surfacing. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to Sports Court to provide surfacing for the
in-line skating rink at Seyferth Park.
FINANCIAL IMPACT: $24,120
BUDGET ACTION REQUIRED: None, the funding is through the Community Foundation for
Muskegon County, the Thomas and Geraldine Seyferth Fund.
STAFF RECOMMENDATION: Approve.
             j. Smartzone Agreement Between the City and Community Foundation.
             PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Community Foundation for Muskegon County has agreed to
assist the City of Muskegon with the Smartzone project in the event funds are
insufficient to finance the Local Development Finance Authority bond repayments for
the Smartzone building. The "Agreement" is attached.          In the Agreement, the
Community Foundation agrees to share in the debt obligation for bonds, in the event
tax increment revenues are insufficient to cover the bond payment. The amount of
their contribution will not exceed $75,000 annually. The terms of the Agreement shall
not commence until June 1, 2006 and such obligation will terminate December 31,
2016.
FINANCIAL IMPACT: May positively effect the City if tax increment revenues are
insufficient to make bond repayments in any given year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Agreement between the Community
Foundation for Muskegon County and the City of Muskegon and authorize the Mayor to
sign.
             k. City's Application for Seawall Permit - Smartzone. PLANNING &
             ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has obtained a grant, the Core
Communities Fund, from the Michigan Economic Development Corporation, to construct
a seawall and boardwalk on the Smartzone/Edison Landing site. Although the owner of
the property, Lakefront LLC will be providing project oversight, they have requested
that the City apply for the actual permit (since the City grant funding is financing the
project). In addition, the City has been provided with a letter from Lakefront LLC
agreeing to various conditions in regards to the City being held harmless and outlining
procedures for payment.
FINANCIAL IMPACT: None
 · BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the staff recommendation to apply for a seawall
  permit for the Smartzone/Edison Landing site and to authorize the City manager to sign
  the permit application.
              I. Former Mall Parking Lot Environmental Assessment. CITY MANAGER
  SUMMARY OF REQUEST: To approve the hiring of ERM to do the Phase II environmental
  assessment for the former Muskegon Mall parking lots.
  FINANCIAL IMPACT: $18,5000
  BUDGET ACTION REQUIRED: A budget amendment will be required.
  STAFF RECOMMENDATION: To approve the agreement with ERM.
  COMMITTEE RECOMMENDATION: None
              m. Appointment to the Muskegon Housing Commission. CITY MANAGER
  SUMMARY OF REQUEST: To reappoint Maxine Lenear to the Muskegon Housing
  Commission. The term will expire January 31, 2008.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the appointment.
  Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
  Consent Agenda minus Item d.
  ROLL VOTE: Ayes: Larson,     Schweifler,   Shepherd,   Spataro,   Warmington,   Buie,
             Gawron
              Nays: None
  MOTION PASSED
2003-19 ITEMS REMOVED FROM CONSENT AGENDA:
              d. Budgeted Vehicle Replacement-Ford F-250 Trucks. PUBLIC WORKS
  SUMMARY OF REQUEST: Approval to purchase four Ford F-250 Trucks from Tony Betten
  & Sons Ford.
  FINANCIAL IMPACT: Total cost $68,893.92
  BUDGET ACTION REQUIRED: None. There is $80,000.00 budgeted for this purchase.
  STAFF RECOMMENDATION: Approve the purchase of four Ford F-250 Trucks from Tony
  Betten & Sons Ford.
  Motion by Commissioner Larson, second by Commissioner Spataro to approve the
  purchase of four Ford F-250 Trucks from Tony Betten & Sons Ford.
  ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington,           Buie, Gawron,
             Larson
              Nays: None
  MOTION PASSED
2003-20 PUBLIC HEARINGS:
               a. Request to Issue an Obsolete Property Certificate - Neighborhood
                  Investment Corporation. PLANNING & ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000,
  Neighborhood Investment Corporation, Terrace Plaza Suite 625, 316 Morris Street,
  Muskegon Michigan has requested the issuance of an Obsolete Property Certificate for
  the property located at 1115-1119 Third St. (former Walt Plant Appliances), Muskegon,
  Ml. The Obsolete Property District was established October 9, 2002. Total capital
  investment for this project is $450,000. The project will result in the creation of 15
  construction jobs, but more importantly, the rehabilitation and revitalization of a
  historic building. The plans for the building also include five, 1-2 bedroom apartments
  on the second floor, in addition to the office space on the first floor.
  FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes
  would be frozen for the duration of the certificate.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete Property
  Certificate for 1115-1119 Third Street, Muskegon, Ml for a term of 6 years.
  The Public Hearing opened at 5:47pm to hear any comments for the public. Comments
  were heard from Jane Clingman-Scott, Executive Director of Neighborhood Investment
  Corporation and Harold Anderson, Jefferson Towers, Muskegon.
  Motion by Commissioner Shepherd, second by Commissioner Gawron to close the
  Public Hearing at 5:56pm and to approve the resolution issuing an Obsolete Property
  Certificate for 1115 - 1119 Third St., Muskegon, Ml for a term of 6 years.
  ROLL VOTE: Ayes: Shepherd,        Spataro,   Warmington,    Buie,   Gawron,    Larson,
             Schweifler
               Nays: None
  MOTION PASSED
               b. Create a Special Assessment District for Terrace, Iona to Peck.
                  ENGINEERING
  SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for
  the Terrace St. Iona to Peck project, and to create the special assessment district and
  appoint two City Commissioners to the Board of Assessors if it is determined to proceed
  with the project.
  FINANCIAL IMPACT: None at this time.
  BUDGET ACTION REQUIRED: None at this time.
  STAFF RECOMMENDATION: To establish the special assessment district and assign two
  City Commissioners to the Board of Assessors by adopting the resolution.
  The Public Hearing opened at 5:59pm to hear any comments for the public. Comments
  in opposition was heard from Irma Buckner of 1140 Terrace St.
  Motion by Commissioner Larson, second by Commissioner Spataro to close the public
  hearing at 6:03pm and to create the special assessment district for Terrace, Iona to
  Peck and appoint two City Commissioners to the Board of Assessors. They are
  Commissioner Shepherd and Mayor Warmington.
   ROLL VOTE: Ayes: Spataro,      Warmington,    Buie,    Gawron,     Larson,    Schweifler,
              Shepherd
                Nays: None
   MOTION PASSED
               c. Create a Special Assessment District for Davis, Laketon to Southern.
                  ENGINEERING
   SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment for
   the Davis, Laketon to Southern project, and to create the special assessment district
   and appoint two City Commissioners to the Board of Assessors if it is determined to
   proceed with the project.
   FINANCIAL IMPACT: None at this time.
  BUDGET ACTION REQUIRED: None at this time.
  STAFF RECOMMENDATION: To create the special assessment and assign two City
  Commissioners to the Board of Assessors by adopting the resolution.
  The Public Hearing opened at 6:04PM to hear any comments for the public. Comments
  in opposition was heard from Paul Pruitt of 1212 W. Dale and Gina Fassler of 1190
  Ireland.
  Motion by Commissioner Spataro, second by Vice Mayor Buie to close the public
  hearing at 6:10pm and to create the special assessment district Davis, Laketon to
  Southern and appoint two City Commissioners to the Board of Assessors. They are
  Commissioner Spataro and Commissioner Gawron.
  ROLL VOTE: Ayes: Warmington,       Buie,   Gawron,     Larson,   Schweifler,   Shepherd,
             Spataro
               Nays: None
  MOTION PASSED
2003-21 NEW BUSINESS:
               a. Sale of Capital Improvement (Sidewalk) Bonds. FINANCE
  SUMMARY OF REQUEST: Bids will be opened at 2:00pm on Tuesday, February 25, 2003
  for sale of $1,575,000 capital improvement bonds as previously approved by the City
  Commission. Proceeds of the bond sale will be used to finance the final three years of
  the City's sidewalk program and will be repaid through special assessments on
  benefiting properties. The City Commission is asked to adopt the attached awarding
  resolution assuming acceptable bids are received.
  FINANCIAL IMPACT: Interest costs will be known at the time bids are opened and the
  Commission will be provided with a summary.
  BUDGET ACTION REQUIRED: Debt service costs will be included in the City's budget for
  the life of the bonds.
  STAFF RECOMMENDATION: Approval of the attached awarding resolution (assuming
  acceptable bids are received).
  COMMITTEE RECOMMENDATION: None
Motion by Commissioner Spataro, second by Commissioner Larson to approve the
sale of Capital Improvement (Sidewalk) Bonds and to adopt the awarding resolution
to Robert W. Baird & Company.
ROLL VOTE: Ayes: Buie,       Gawron,     Larson,   Schweifler,   Shepherd,    Spataro,
           Warmington
             Nays: None
MOTION PASSED
             b. Liability/Property Insurance Renewal. FINANCE
SUMMARY OF REQUEST: To renew the City's liability and property insurance coverage
with the Michigan Municipal Risk Management Association (MMRMA),                     an
intergovernmental self-insurance pool representing more than 300 Michigan
municipalities. Since 1986 the City has had liability coverage through the MMRMA; in
1999 property coverage was added. The City is coming off a three-year fixed rate
contract with MMRMA during which time the insurance industry was rocked by both the
stock market collapse and the 9 / 11 terrorist attack. Therefore, a significant renewal
rate increase was not unexpected.
FINANCIAL IMPACT: Total contribution of $856,599 comprised of two components:
$594,515 fixed insurance costs and $262,084 contribution to the City's self-insured
retention fund. The fixed insurance costs represent a 29% increase over 2002 costs.
BUDGET ACTION REQUIRED: None. The City's 2003 budget anticipated a 24% premium
increase. Since the quoted renewal (29% increase) is for a twelve month period ended
March 1, 2004, only ten months of the higher premium will impact FY 2003 so the
current budget is adequate.
STAFF RECOMMENDATION: Renewal of liability and property insurance coverage with
MMRMA. Staff believes that intergovernmental procurement of insurance coverage is
most cost-effective approach.   Moreover, the MMRMA program has the broadest
coverage available to Michigan municipalities and the City's past experience with the
program has been very positive.
COMMITTEE RECOMMENDATION: None.
Motion by Commissioner Larson, second by Commissioner Gawron to renew coverage
for Liability/Property Insurance with Michigan Municipal Risk Management
Association.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
           Buie
            Nays: None
MOTION PASSED
            c. Letters of Appeal. BOARD OF REVIEW
SUMMARY OF REQUEST: To obtain approval of the City Commission to allow letters of
appeal from residents for the Board of Review to act upon.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the resolution.
COMMITTEE RECOMMENDATION: Approve the resolution.
Motion by Commissioner Schweifler, second by Vice Mayor Buie to allow letters of
appeal from residents for the Board of Review to act upon.
ROLL VOTE: Ayes: Larson,      Schweifler,     Shepherd,   Spataro,     Warmington,   Buie,
           Gawron
              Nays: None
MOTION PASSED
              d. Clerical Union Tentative Agreements         (TA's).      ASSISTANT CITY
                 MANAGER
SUMMARY OF REQUEST: Staff recommends approval of the set of tentative agreements
reached with and ratified by the Clerical union on Monday, February 17, 2003.
FINANCIAL IMPACT: The overall financial packet is around 10% of payroll. The packet
includes two significant economic issues:
Wages:    Contract Yrs.    2003      2004      2005
                           3.00%     3.00%     2.50%
Multiplier:   Increased from 1. 9% to 2.25%, effective at the end of the contract
December 31, 2005.
BUDGET ACTION: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Shepherd, second by Commissioner Larson, to approve the
set of tentative agreements reached with and ratified by the Clerical Union on
Monday, February 17, 2003.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington,               Buie, Gawron,
           Larson
              Nays: None
MOTION PASSED
              e. FIRST READING: General Employees' Retirement System Ordinance
                 Amendment. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To adopt the ordinance change which will increase the
multiplier for the Clerical Union.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
adoption for the Ordinance change which will increase the multiplier for the Clerical
Union.
ROLL VOTE: Ayes: Shepherd,         Spataro,   Warmington,    Buie,     Gawron,   Larson,
           Schweifler
              Nays: None
MOTION PASSED
               f. Request Permission to Award Bid for Organizational Assessment to
                  Ludwig Group LLC. FIRE DEPARTMENT
SUMMARY OF REQUEST: Requesting City Commission permission to award bid for
organizational assessment of the Muskegon Fire Department to Ludwig Group LLC.
FINANCIAL IMPACT: $22,500
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION: Staff recommends approval of bid for organizational
assessment of the Muskegon Fire Department to Ludwig Group LLC.
Motion by Commissioner Larson, second by Commissioner Schweifler to award bid
for organizational assessment of the Muskegon Fire Department to Ludwig Group
LLC.
ROLL VOTE: Ayes: Spataro,       Warmington,     Buie,   Gawron,   Larson,   Schweifler,
           Shepherd
               Nays: None
MOTION PASSED
               g. Concurrence with the Housing Board of Appeals Notice ft Order to
                  Demolish:
SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings
of the Housing Board of Appeals that the structures located at 1968 Leahy (Garage
only), 465 Adams (Garage only), 521 Mulder (Garage only), 1129 Sanford, and 1166
W. Grand are unsafe, substandard, public nuisances and that they be demolished within
thirty (30) days. It is further requested that administration be directed to obtain bids
for the demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible bidder.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish and authorize the Mayor and City Clerk to execute a contract for demolition
with the lowest responsible bidder.
               1. 1968 Leahy (Garage only)
CASE# & PROJECT ADDRESS: 02-068 - 1968 Leahy (Garage)
LOCATION AND OWNERSHIP: This structure is located on Leahy between Holbrook and
Keating. It is owned by Idell Sheard.
STAFF CORRESPONDENCE: This structure was written as a dangerous building when it
was reported open 9/11/02. A notice and order to repair or remove was issued
9/26/02. On 12/5/02 the HBA declared the garage dangerous and substandard. Mr.
Sheard was at that meeting and stated he would demolish the garage. As of this date
no demolition permit has been pulled.
OWNER CONTACT: None
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $24,400
ESTIMATED COST OF REPAIRS: $1,500
                 2. 465 Adams (Garage only)
CASE# & PROJECT ADDRESS: #20-055 - 465 Adams (Garage)
LOCATION AND OWNERSHIP: This structure is located on Adams between Marshall and
Wood Street. It is owned by Timothy Hatcher.
STAFF CORRESPONDENCE: This structure was written as a dangerous building when it
was reported open 9/11 /02. A Notice and Order to repair or remove, was issued
9/26/02. On 11/7/02 the HBA declared the garage dangerous and substandard. There
has been no contact from the current owner.
OWNER CONTACT: None
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEY: $1,500
ESTIMATED COST OF REPAIRS: $3,000
                    3. 521 Mulder (Garage only)
CASE# & PROJECT ADDRESS: 02-071 - 521 Mulder (Garage)
LOCATION AND OWNERSHIP: This structure is located on Mulder between Ellifson and
Jackson. It is owned by Robert and Diane Dempsey.
STAFF CORRESPONDENCE: This structure was written as a dangerous building when it
was reported open 9/11 /02. A Notice and Order to repair or remove was issued
9/26/02. On 12/5/02 the HBA declared the garage dangerous and substandard. Mr.
Dempsey was at that meeting and stated he would like to reroof the garage, but he
does not have the finances to do so. The garage has been in a collapsed state since
2001. He was told the garage would also need a foundation inspection if he intends to
repair it and he would need to contact the building inspector. The garage was declared
dangerous and substandard, but Mr. Dempsey was told if he wanted to save the garage
he would need to move forward with repairs within 30 days. There has been no further
contact from the owner since that meeting.
OWNER CONTACT: None
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEY $12,700
ESTIMATED COST OF REPAIRS: $3,000
                   4. 1129 Sanford
CASE # & PROJECT ADDRESS: 02-050 - 1129 Sanford
LOCATION AND OWNERSHIP: This structure is located on Sanford between Houston and
Monroe. It is owned by Robert Alberts.
STAFF CORRESPONDENCE: This structure was written as a dangerous building when it
was reported open 9/4/02. An inspection report was written at that time. Upon issuing
a Notice and Order to repair or remove, the owner advised that the home was sold on a
land contract to someone else. Permits were issued in February 2002, but the work was
not finished. There has been no contact from the current owner. On December 5, 2002
the HBA declared the building dangerous and substandard.
OWNER CONTACT: None
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $14,100
ESTIMATED COST OF REPAIRS: $12,000
                    5. 1166 W. Grand
CASE# & PROJECT ADDRESS #01-051 - 1166 W. Grand
LOCATION AND OWNERSHIP: This structure is located on W. grand west of Barclay at the
end of the cul-de-sac. It was owned by Kenneth & Maryjane Sanford and they sold it on
a land contract to James & Tamara Ward. An inspection was conducted on 11 /15/01
due to complaints regarding the exterior condition of the home. A Notice and Order to
repair or remove was issued 2/26/02. The case was heard before the HBA on May 2,
2002 and it was tabled for 180 days. At that time it was ordered that the repairs to the
front of the house be completed within 30 days and the exterior repairs be completed
within 90 days. It was stated if the conditions were met, the case would not be brought
back to the HBA. The exterior repairs were not completed and the case was heard
again before the HBA on 12/5/02. The Wards were not present, but they called the
office on 11127 /02 and stated they had been working inside and spent a large amount
of money on the electrical work and that the front of the house would be completed
within 60 days. There has been no contact with the owners since that date. The HBA
declared it dangerous and substandard on 12/5/02
STAFF CORRESPONDENCE: This property was fire damaged and had an inspection
4/1 /02. It had been rented out previous with no Certificate of Compliance. An interior
inspection was conducted on 4/15/02 with the property manager. The HBA ordered the
structure demolished 7 / 11 /02. The Notice and Order to repair or remove was issued
8/7 /02.
OWNER CONTACT: The owners were present at the 5/2/02 HBA meeting and stated they
wanted to repair the house. They have called for some inspectiopns, but there has
been no contact since 11 /27 /02
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $26,500
ESTIMATED COST OF REPAIRS: $10,000
Motion by Commissioner Schweifler, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 1968 Leahy (Garage only),
465 Adams (Garage only), 521 Mulder (Garage only), 1129 Sanford, 1166 W. Grand
and authorize the Mayor and City Clerk to execute a contract for demolition with
the lowest responsible bidder.
ROLL VOTE: Ayes: Warmington,      Buie,   Gawron,   Larson,   Schweifler,   Shepherd,
            Spataro
            Nays: None
MOTION PASSED
The Regular Commission Meeting for the City of Muskegon was adjourned at 6:40PM.
                                               Respectfully submitted,




                                               Gail Kundinger, MMC
Date:      February 25, 2003
To:        Honorable Mayor and City Commissioners
From:      Gail Kundinger, City Clerk
RE:        Request to Fly the Irish Flag




SUMMARY OF REQUEST: The Muskegon Irish American Society
requests permission to fly the Irish Flag outside City Hall on Monday,
March 17, 2003, to celebrate St. Patrick's Day.



FINANCIAL IMPACT: None



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION: Approval
February 4, 2003

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

Dear Ms. Potter,

The Muskegon Irish American Society re-submits its request to fly the Irish Flag on
Monday, March 17, 2003 to celebrate St. Patrick's Day. The Irish population of
Muskegon enjoys seeing the flag displayed in conjunction with other St. Patrick's Day
celebrations.

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

The officers of the Muskegon Irish American Society are:
President- Gene Kendra, 2124 Carter, Muskegon MI 49441
Vice President- Kathleen Marek, 2504 Letart, Muskegon MI 49441
Treasurer- Kevin Donovan, 1086 Ireland, Muskegon MI 49441
Secretary- Jeanne O'Brien, 8985 Lakeshore, West Olive MI 49460
Program Chairpersons- Neil Mullally, 4097 Braeburn, Muskegon MI 49441
                       Mary Anne Gorman, 7433 Palm Drive, Spring Lake MI 49456

We request that the flag be flown from Monday, March 17th until Friday March 21st in
front of City Hall.

Our organization is a non-profit social organization.

I am the contact person who will be responsible for the flag's condition and presentation.
We would like to gather at 11 :30 a.m. to raise the flag. The entire activity takes
approximately 10 to 15 minutes. Please inform me if the above request is granted. We
appreciate the past cooperation of the City of Muskegon.

Sincerely,



Kevin Donovan
Treasurer, Muskegon Irish American Society
Phone:231-722-4237
1086 Ireland
Muskegon MI 49441
January 15, 2002

City of Muskegon
Attn: Bryon L. Mazade, City Manager
933 Terrace Street
Muskegon,MI49440

Dear Sir,

The Irish American Society of Muskegon requests permission to again fly
the Irish Flag outside the City Hall on Monday, March 17, 2003, the feast
day of St. Patrick, the patron Saint of Ireland.

We would like to gather at 11 :30 A.M. to raise the flag. The entire activity
takes approximately ten minutes.

Please inform me if the above request is granted. We appreciate the past
cooperation of the City of Muskegon.

Sincerely,


Jeanne L. O'Brien
Secretary
8985 Lakeshore Drive
West Olive , MI 49460




                                                           RECEIVED
                                                               JAN 2 1 2003
                                                                MUSKEGON
                                                          CITY MANAGER' S OFFICE
 Affirmative Action
 (231)724-6703
 FAX: (231)72'2-1214

 Ass~ssor/Equallzatlon
 (231)724-6708
 FAX: (231)726-5181

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

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

 Civil Service
 (231)724-6716
 FAX: (231)724-4405
                         January 28, 2003
 Clerk
 (23))724-6705
 FAX: (231)724-4178

 Community and
   Neigh. Services
 (231)724-6717
                         Ms. Jeanne L. O'Brien
 FAX: (231)726-2501      8985 Lakeshore Drive
 Computer Info.          West Olive, MI 49460
  Systems
 (231)724-6744
 FAX: (231)722-4301      Dear Ms. O'Brien:
Engineering Dept.
(231 )724-6707           Thank you for your letter requesting permission to fly the Irish Flag outside City
FAX: {231)717-6904
                         Hall on Monday, March 17, 2003.
Finance Dept,
(231)724-6713
FAX: (231)724-6768       The Flag Placement Policy states that your request shall state in writing:
                                a.     All the reasons for the request
Fire Department
(231)724-6792                   b.     Describe and display the flag, which shall not be changed in the
FAX: (231)724-6985                     event permission is given
IncomeTn                        c.     State the name, address, and the names and addresses of all the
(231)724-6770
FAX: (231)724-6768
                                       officers, of the organization submitting the request. Indicate the
                                       legal form of organization, and the name and address of the contact
Inspection Services
(231)724-6715                          person who shall be responsible for the flag's condition and
FAX: (231)728-4371                     presentation.
Leisure Services                d.     State the period for which the flag is requested to be flown
(231)724-6704
FAX: (231)724-1196
                                e.     The desired location. (Locations shall be determined by the City
                                       based on availability and ability to display the flag without
Mayor's Office
(231 )724-6701                         infringing on the display by others, including the City itself)
FAX: (231)722-1214

Planning/Zoning          Enclosed is a copy of the Policy. If you have any questions, please call me at
(23 J)724-6702           (231)724-6705.
FAX: (231)724-6790

Police Deptartment
(231)724-6750
                         Thank you,
FAX: (231)722-5140

Public Works Dept,
(23 J)724-4100
FAX: (231)722-4188
                         Linda Potter
Treasurer's Office
(231 )724-6720
                         Deputy City Clerk
FAX: (231)724-6768

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

Water Filtration
(231)724-4106
FAX: (231)755-5290
                           City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
                                                     www.shorelinecity.com
                                 CITY OF MUSKEGON

                             FLAG PLACEMENT POLICY

                                        2001-139 ( b)
A.      Purpose

        To provide a procedure to consider requests to the City to fly flags on City owned
        or occupied property or facilities (herein "City property"). The flying of the
        United States of America, State of Michigan, the County of Muskegon and the
        City of Muskegon flags are exempt (except as set forth herein), from this policy
        and can be flown on City property or at City property by authorized City
        employees or officials.

B.      City Control of Flag Placement.

       Except as permitted by the City Commission or City staff members with
       authority, no flag, including "exempt" flags shall be placed on City property by
       any person except authorized city employees or officials. The procedures and
       standards set forth in this policy document shall govern the City's decision to
       permit or deny permission to have a particular flag flown or displayed on City
       property.

       The flying of flags on City property is peculiarly within the prerogatives of the
       City. Flags which are permitted to be flown on City property have the effect of
       representing to the community the City's support-for the organization or point of
       view which is represented by the flag. The City reserves the right to refuse or
       terminate the flying of any flag for the reason that unintended endorsements by
       the City shall not result from this policy. It is this concern, together with the
       City's acknowledgement that the flying of flags is a form of speech, which shall
       guide the City in administering this policy.


C.     Review Process. The Procedure.

       1.      Request

               A request to fly a flag(s) must be submitted in writing to the City Clerk at
               least 3 0 days prior to when the flag is proposed to be raised. The request
               shall state in writing:

                       a.. All the reasons for the request.

                       b. Describe and display the flag, which shaUnot be changed in the
                       event permission is given.




G:\EDSI\FILES\00 I 00\0850 l l\RESOLUT\9V6160.DOC
                       c. State the name, address, and the names and addresses of all the .
                       officers, of the organization submitting the request. Indicate the
                       legal form of organization, and the name and address of the contact
                       person who shall be responsible for the flag's condition and
                       presentation.

                       d. State the period for which the flag is requested to be flown.

                       e. The desired location. (Locations shall be determined by the
                       City based on availability and ability to display the flag without
                       infringing on the display by others, including the City itself).


        2.     City Staff Review

               The City staff will review the request and mal{e a recommendation to the
               City Commission based on the following:

                       a. Appropriateness of the organization and the flag. Flags which
                       support illegal activities, take political positions or support
                       candidates for any office, advocate against City policies or involve
                       obscene language, symbols or activities are prohibited.

                       b.   The number of other flags already approved.

                       c.   The availability oflocations. - -

                       d. The time period during which the flag shall be permitted to be
                       flown on City property. No permission shall be given for
                       permanent flag placement. In the event an applicant desires a
                       longer time period than that granted, renewal applications shall be
                       submitted at least 30 days before the end of the initial period in
                       order to afford the City Commission opportunity to decide on the
                       extension.

D.             City Commission Consideration and Decision.

               The City Commission will consider the request after the review and
               recommendation from City staff. The City Commission will consider the
               determination of City staff when making their decision as well as any
               other criteria they deem appropriate, to the extent that the criteria are
               legally and constitutionally supportable. In the event a request is denied by
               the Commission, a decision with the reasons set forth shall be adopted at
               the time of the refusal, and set forth in the minutes in writing as part of the
               motion (or resolution) adopted.




G:\EDSI\FILES\0010010850 l ! IRESOLU1\9V6! 60.DOC
 E.      Grant by City Commission; Location and Term

        Any request that is approved will be accomplished by City Commission
        resolution that will include the specific location(s) where the flag(s) can be flown
        and the time period for which the request is granted.

        Policy regarding term.of the permission: No permanent permission shall be
        granted. The City's policy is to favor shorter term flying periods to accommodate
        a reasonable number of requests and avoid unintended endorsements which can
        arise not only by the message of the flag itself, but also by the duration a flag is
        flown other than flags of the City, County, State and the United States.

        Applicants are encouraged to apply for periods of display which are shorter, as
        stated above. However, the Commission will consider periods up to one year for
        flags which represent long term or continuing organizations, activities or public
        (non-political) concerns. More typical will be permission granted for periods of a
        week to thirty days.

        The term of any permission granted shall be subject to the City's determination to
        fly another flag in the location of and instead of the permitted flag in a time of
        emergency or of critical public concern.


F.      Flag Maintenance

        It shall be the responsibility of the requesting organization to maintain the flag( s)
        in good repair. Failure to do so will result in revocation of the permission to fly
        the flag(s). The City shall afford access to the flag for repair and maintenance.

G.      Revocation

       The City Commission shall have the sole discretion to revoke the permission to
       fly a flag permitted under this policy for whatever reasons they deem appropriate
       and which are legally and constitutionally supportable. Claims made by any
       person to whom permission has been granted concerning the import of the City's
       pennission to fly a flag which are not intended or acceptable to the City shall be,
       without limitation, grounds for revocation without notice.

       Any revocation of permission before the term permitted has expired shall be
       accomplished by the City removing the flag and notifying the applicant to come
       to the City's offices to retrieve the flag or flags removed. In such case the City
       shall indicate by written memorandum delivered to the applicant the reason(s) for
       revocation.



G:\EDSI\FILES\00100\085011 \RE SOLUT\9V 6160 .DOC
                                   2001-139(b)
                                 CERTIFICATION


This policy was adopted at a regular meeting of the City Commission, held on November
27, 2001. 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_~~G~m=·1=~~--K~9-d-in_g_~~r,~C-ity~~-Ie_r_kJ¾~----
Date:     01/20/03
To:       Honorable Mayor and City Commission
From:     Brett Kraley, Equipment Supervisor DPW
RE:       Budgeted Vehicle Replacement




SUMMARY OF REQUEST: Approval to purchase one 580M backhoe from
Wolverine Tractor.


FINANCIAL IMPACT: Cost $57,000 less $19,000 trade for a total cost of
$38,000



BUDGET ACTION REQUIRED: None. There is $70,000.00 Budgeted for this
purchase.



STAFF RECOMMENDATION: Approve purchase of one Case 580M backhoe
from Wolverine Tractor.
Memorandum
To:     Robert Kuhn
From: Brett Kraley
Date: 02/19/03
Re:     Backhoe Purchase



    The Equipment Division has been trying out backhoes for the last several months
to replace the 1994 Case backhoe that we are currently using. We have narrowed our
search to two models that best serve our needs. The two models are the Caterpillar
420D and the Case 580M. The Case 580M is sold by Wolverine Tractor from Grand
Rapids Michigan and is priced at $57,000. The Caterpillar 420D is sold by Michigan
Caterpillar from Grand Rapids Michigan and is priced at $62,800.

   We currently have five Case backhoes in our fleet and have been very satisfied
with the quality and durability of their machine. By staying with Case we will not
have to stock maintenance parts for another machine or train our mechanics on a
new unit. We have a guaranteed trade in allowance form Case of $19,000 for the
machine we are replacing, which will lower our cost to $38,000. We are currently
exploring the option of selling this unit outright for a larger amount.

    Therefore, I am requesting permission to purchase one 2003 Case 580M from
Wolverine Tractor for $57,000 less our guaranteed trade in of$19,000 for a total
cost $38,000.




                                                                                      1
Date:         February 18, 2003                                                                  ~)
                                                                                                1
To:           Honorable Mayor and City Commissioners                                   ~ ,,, \
                                                                                   0
From:         Public Works                                                 ?-- o
RE:           Storm Water Phase II Permit Application


SUMMARY OF REQUEST:
The City of Muskegon will be submitting an application for a Phase II Storm Water permit
on March 13, 2003 as required. This application includes a watershed description, map
of storm sewer outfalls, Public Education Plan(PEP) and Illicit Discharge Elimination
Plan(IDEP). The City will be participating in the Muskegon Area Storm Water
Committee-sponsored PEP but will be conducting the IDEP independently. The City has
already achieved most of the goals of the IDEP through the current Illicit Connections
Identification Grant project.



FINANCIAL IMPACT:
Expenditures for the Public Education Plan will be $2,051 in 2003 and $3,940 in 2004.
Current Illicit Connections grant will offset 70% of IDEP expenditures in 2003.



BUDGET ACTION REQUIRED:
None. Expenses are budgeted under the Stormwater Budget.



STAFF RECOMMENDATION:
To approve the submittal of the Phase II Storm Water Permit Application.



COMMITTEE RECOMMENDATION


2/18/03                                                                                     1
                                                                                                         Pa:go 1·!lf 1

                                           Public Education Plan Cost Allocation
                                               Muskegon Area Stonn Water Committee



                            County Allocatic>n                                       Year1     Year2
                            Muskegon-County Admfr1iStration                 25'.0%   $2,680     $5,149
                            Muske9ort Couh!t: ROa(1 Comm•ission             10.0%     $1,072    $2,060
                            Sub Total for County Departments                35.0%    $3,752     $7,208
                            Remaining Allocation                            65.0%    $6,968    $13,387


                            Phase II Communities               Total Pop,   Total    Year1     Year2
                            Dalton.Township                       8,047     5.9%       $411      $791
                            Eg_elston TownShiP                    9,537     7.0%       $488      $937
                            Fruitport .Charter To_wnstiJp         12,533    9.2%       $641     $1,231
                            Laketon Township                      7,363     5.4%       $377      $723
                            Clty of Muskegon                      40,105    29.4%    $2,051    $3,940
                            Muskegon Charter Township             17,737    13.0%      $907    $1,742
                            Norton Shores                         22,527    1M%      $1,152    $2,213
                            Roosevelt Park                        3,890     2.9%       $199      $382
                           sumvan TownS1hip                       2,477     1.8%       $127      $243
                           City of Muskegon Heights               12,049    8.8%       $616    $1,184




          R:\01513A\PEP\2year_cosli;.xls                         frc&h                                   2i17/20d3




2/18/03                                                                                                       Page 2 of3
           Illicit Discharge Eliminat.ion Plans - Regional Cooperation
                                    Cost Allocation
                                            Years 1 & 2 Locating the Problem Areas




                                                                                             ANNUAL
           PHASE II COMMUNITIES                                                               COST


          Dalton Township                                                                     $1,650
          Egelston Township                                                                   $4,816
          Fruitport Charter Township                                                          $9,970
          Village of Fruitport                                                                $2,132
          Laketon Township                                                                    $4,165
          City of Muskegon*                                                                    $50
          Muskegon Charter Township                                                           $8,724
          Norton Shores                                                                      $13,851
          Roosevelt Park                                                                      $1,650
          Sullivan Township                                                                  $1,650
          Muskegon Heights                                                                   $5,294

          Muskegon County Administration                                                     $11,250
            and Drain Commissioner
          Muskegon County Road Commission                                                    $18,875
          Annu_al Cost inc1ud_e$- _$10,000·for intern

          .. City of Muske(lon will partlclpato In trait1Jng of rnuniCipal employees o·nty




2/18/03                                                                                                Page 3 of 3
                                 Agenda Item No. ~oo 3- I'?                         J)
                City Commission Meeting _ _ _ __ _ __


Date:             February 25, 2003
To:               Honorable Mayor and City Commission
From:             Department of Public Works
Re:               Traffic Department materials and services 2003



SUMMARY OF REQUEST:

Contract with the Muskegon County Road Commission for the joint purchase of various
Traffic Department materials and services. We have bid out these items with MCRC for the
past thirteen years. By bidding together with MCRC and other municipalities we are able to
get better unit prices because of larger quantity purchases.

FINANCIAL IMPACT:

Sign materials and services to be jointly bid:

        Sign blanks ...... . ............ ... ....... .. .. . .... .. ....... $ 1,500.00 approx.
        Ready-made signs ..... ....... ....... .... .. .. ... ..........$1,400.00 approx.
        Sign posts ............. .. .... ... .. .. ..... .. .. . ..... ..... .. $4,500.00 approx.
        Sign sheeting ...... ... .. .... .......... .. .................. $1,800.00 approx.
        Centerline painting ..... .. .. .. .. ........ .... .. .. .. ..... $ 12,500.00 approx.

                                    Total $21,700.00 ($21,100.00 in 2001)

BUDGET ACTION REQUIRED:

None, this item is requested each year in the appropriate Highway budgets.



STAFF RECOMMENDATION:

Approve the continued joint purchasing with the Muskegon County Road Commission for
sign materials and services.
                                                                        Gity of Muskegon
                                                                        'Traffic Department




To:        Bob Kuhn
From:      Staff
Date:      01 /29/03
Re:        Sign Materials & Services: Annual Contract



Again this year we are requesting permission to bid jointly for our sign materials and services with the
Muskegon County Road



                                         1999             2000              2001            2002

sign blanks •          $1.37/sq. ft.   $1.29/sq. ft     $1.50/sq. ft.     $1.47/sq. ft.   $1 .40/sq. ft.

For sign posts:

                         1998            1999             2000              2001            2002

2# x 11' posts •       $5.91/ea         $5.60/ea         $5.45/ea.         $5.76/ea.       $6.15/ea.

3# x 12' posts •       $9.66/ea         $9.22/ea         $8.92/ea.         $9.42/ea.      $10.08/ea.

For sheeting: Our standard has always been 3M sheeting, they are the only bid usually received by
MCRC, they like us, use 3M sheeting exclusively. 3M also has supplied us with a sheeting roller at no
cost and to maintain the warranty on their sheeting they also supply us with inks at no cost. The cost
of sheeting has risen only very slightly over the last few years, this year most items will rise from
anywhere from 2% to 5%.

Centerline painting: Before 1997, we contracted with the MCRC for this work. In 1997 they sold their
equipment and we jointly bid with all other cities and townships in the County. In 1997 M&M Pavement
Marking, Inc. was awarded the bid and has since been extended the contract every year since at the
same unit prices. Our overall cost since 1998 has been higher because we painted over significant
amounts of faded permanent pavement marking and painting costs have increased.



  $7,815 (M&M)           $10,041 (M&M) $10,082 (M&M) $10,060 (M&M) $11,228 (M&M)




• Page 1
Date:     February 18, 2003
To:       Honorable Mayor and City Commissioners
From:     Melissa Jacobsen
RE:       Softball World Agreement


SUMMARY OF REQUEST:
To approve an agreement with Muskegon Charter Township
for the use of Softball World for all City of Muskegon,
Dept. of Leisure Services softball games.


FINANCIAL IMPACT:
$8,500 per year for three years.   Total impact, $25,500.


BUDGET ACTION REQUIRED:
None, included in 2003 budget.


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Affirmnllve Aellon
231/724-6703
FAX1722-1214

Assessor
231 [724-6708
FAX1726-5181

Cemetery
231/724- 6783
FA X/726-S617

Civil Service
231 /724-6716
F AX/724-440S                                         West Michigan's Shor'CUne City
Clerk
231 /724-6705
FAX/724-4178

Comm. & Neigh,         Date:         February 18, 2003
     Scrvlccs
23 I /724-67 J7        To:           Honorable Mayor and City Commissioners
                                     Melissa Jacobsen ~ -~ l LJ'YM_Lv'--
FAX/726-2S01
                       From:
Engineering
231/724-6707
                       Re:           Softball World Agreeme~; --- -
FAX/727-6904

Finance
231/724-6713
FAX1724-6768           I am requesting your approval of an agreement with
Fire Dept.
                       Muskegon Charter Township for the use of Softball World
23 I /724-6792         for City of Muskegon, Department of Leisure Services
F AX/724-6985
                       softball leagues.  The previous contract expired last
Income Tnx             November, and the new one is the same except for an
231/724-6770
FAX1724-6768           increase of $500 per year.
Info, Syslems          The cost of the usage is $25,500 for three years .
23 I /724-6744
FAX/722-430 I          Thank you for your consideration .
Leisure Service
23 I /724-6704
F AX/724-1196

Mannger's Office
231/724-6724
FAX/722-1214

Mayor's Office
231/724-6701
FAX/722-1214

lns11ecllon Services
231/724-6715
FAX1726-2501

Planning/Zoning
231/724-6702
FAX/724-6790

Police Dept.
231/724-6750
FAX/722-S140

Public Works
231/724-4100
FAX/722-4188

Treasurer
231/724-6720
FAX/724-6768

Wnter BIiiing Depl.
231/724-6718
F AX/724-6768

Water Flltrollon
231/724-4106
FAXJ7SS-S290


                             City of Muskegon, 933 Tenace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                     2003-18 (g)

                                      LEASE AGREEMENT

        THIS AGREEMENT, effective April 1, 2003, by and between the City of Muskegon, a
Michigan municipal corporation, with offices at 933 Terrace St., Muskegon, Michigan 49443
(hereinafter referred to as "City"), and Muskegon Charter Township, a Michigan municipal
corporation, with offices at 1990 Apple Avenue, Muskegon, Michigan 49442 (hereinafter
referred to as "Township").

                                          WITNESSETH:

      WHEREAS, the Township is the owner and operator of four approved slow-pitch softball
diamonds located at the comer of Mill Iron Road and Apple Avenue in Muskegon Township,
Muskegon County, !mown as "Softball World;" and,

        WHEREAS, the City desires to use Softball World's fields for its recreational summer
and fall softball leagues; and,

       WHEREAS, the Township desires that the City utilize its softball fields and said parties
have negotiated and desire to put their several agreements in writing relating to the operation and
management of Softball World,

       NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, it is
agreed as follows:

1.     Premises. The Township hereby agrees that the City for the term herein, and subject to
the conditions contained herein, shall have the right to use the four softball fields owned by the
Township known as "Softball World." During the term of this Agreement, the Township shall
have the right to operate and manage the restaurant and bar concessions, or to enter into a
concession agreement for the same.

2.      Term. The term of this Agreement shall commence April 1, 2003, and continue in full
force and effect, subject to its te1ms and conditions, until November 1, 2005, unless terminated
earlier by agreement of both patties.

3.     Compensation.

       A.      City agrees to pay the Township the following compensation for use of the
premises:

                 i.      Eight Thousand Five Hundred Dollars ($8,500), per year (total lease
obligation Twenty-five Thousand Five Hundred Dollars ($25,500)), payable in four equal
monthly installments of Two Thousand One Hundred and Twenty Five Dollars ($2,125), with
the first installment due April 1, 2003, and a like amount each three months thereafter, until paid
in full. In addition, in the event the electricity bill during any one year period exceeds the sum of
Four Thousand Dollars ($4,000), per year, the City agrees to pay the extra amount over and
above said Four Thousand Dollars ($4,000), in addition to the sum set fo1th above.

O:\LEISUREIJACOBSENIWORDISOFTBALL WORLD CONTRPj_CJ.DOC
                        (i)     City agrees to provide all field maintenance (field maintenance is
defined as the daily maintenance to keep the fields playable such as dragging & lining the
fields, and mowing the grass in the playing field) and materials, such as diamond dry, fertilizer,
bases, etc. to provide the daily maintenance.

                        (ii)   City agrees to organize and manage the summer and fall
recreational softball program to be operated at Softball World, including the assigmnent of
practice fields before the season begins.

                       (iii)   The Township, with the consent of the City, shall have the right to
contract with another party for the maintenance of said softball fields, provided, however, that
the City shall be responsible for the entire cost thereof.

4.     Insurance.

       A.       City agrees to register all of its softball teams with the Amateur Softball
Association and carry the maximum insurance permitted by said organization coveting field
owners and to name Muskegon Township as co-insured. The above policies of insurance shall
be subject to the approval of the Township Attorney as to proper fom1 and the amount of
coverage. Copies of such policies shall be delivered to the Township for its records <luting the
term of this agreement.

5.     Obligations of Township.

       A.      To pay all utility bills to said premises, except as otherwise set forth herein.

       B.      To pay all taxes on said premises, inclnding real and personal taxes, provided that
               it is dete1mined that such taxes have been legally assessed.

       C.      To carry, during the duration of this agreement, the following minimum insurance
               coverages:

               (i)     General liability insurance (premises and operations coverage):

                       (a)    Bodily injury, comprehensive coverage limits of two million
                              dollars per occmTence.

                       (b)    Property damage limits of two million dollars per occurrence.

                       (c)    Liquor liability insurance acceptable to the State of Michigan.

               (ii)    Workers disability compensation coverage on all employees of the
                       Township in the required statutory amounts.

               (iii)   The above policies of insurance shall be subject to the approval of the
                       City Attorney as to proper form and amount of coverage. Copies of such

O:ILEISUREIJACOBSENIWORDISOFTBALL WORLD CONT~J.DOC
                        policies shall be delivered to the City for its records during the term of this
                        agreement.

                 (iv)   All of the above insurance, except the workers disability compensation
                        insurance, must name the City as an additional insured.

6.        Use of Premises.

        A.      During the term of this agreement, the premises may be used by the City on
Monday through Sunday of the weeks from April ! to November 1. The Township shall have
the right to use said premises for the exclusive use of the Township residents upon reasonable
notice to the City and at reasonable times. The concession operator shall have the right to use
said premises when the City is not using the same with reasonable notice.

        B.       This agreement is conditioned upon the understanding that the operation of the
softball fields from Monday through Sunday of the weeks from April 1 to November 1 will be
under the overall supervision of the City, and no portion of the premises may be leased,
subleased, or assigned to any other person, firm, or corporation without the express prior written
consent of the Township.

7.      Conditions of Maintenance of Fields. The City shall maintain the softball fields at an
acceptable level and to an acceptable degree. In no event shall the maintenance of said premises
fall below the following general standards:

          A.     A manner equal to or greater than the level of maintenance at other public softball
fields.

          B.     A manner consistent with good maintenance practice.

        C.      Such other conditions as the parties may mutually agree upon during the term of
this agreement.

       D.      In the event the fields are not maintained in a satisfactory manner to the
Township, the Township shall have the right to maintain said fields in a proper manner, and
charge the costs of same to the City.

8.     Structure of Premises. Except as otherwise provided herein, the Township shall have the
exclusive use of all buildings on the premises including but not limited to, the concession stand,
maintenance building, and small shed, provided the City shall have use of the maintenance
building for storage of equipment and materials.

9.      Binding Effect. This agreement shall be binding upon the pmiies hereto and their
respective heirs, administrators, personal representatives, successors and assigns.

10.   Applicable Law. This agreement shall be interpreted under the laws of the State of
Michigan.

O:ILEISUREIJACOBSENIWORD\SOFTBALL WORLD CONT~J.DOC
11.     Arbitration of Disputes. In case of any dispute between the parties hereto arising, which
cannot be resolved on the terms of this agreement, such dispute shall be settled by binding
arbitration between the parties, with the arbitrator having been appointed in accordance with the
following procedures:

       A.      The parties shall meet and attempt to mutually agree upon an arbitrator.

        B.      Should the parties fail to agree upon an arbitrator, the parties shall each submit
two names upon a list of four persons which shall be presented to the then presiding circuit judge
for the County of Muskegon, State of Michigan, who shall from that list appoint the arbitrator.
The arbitrator's opinion shall be binding and said award may be entered and ordered in any court
having requisite jurisdiction.

12.     Renewal. If the City intends to enter into negotiations for the renewal of this Lease, City
shall give the Township thirty (30) days written notice thereof.

13.    Notices. Notices to either party to this agreement shall be sufficient if sent by certified
mail, postage prepaid addressed as follows:

               To the City:           Director of Leisure Services, City Hall, 933 Terrace Street,
                                      Muskegon,MI49443

               To the Township:       Supervisor, Muskegon Charter Township, 1990 Apple
                                      Avenue, Muskegon, MI 49442.

CITY OF MUSKEGON                                      TOWNSHIP OF MUSKEGON, MICHIGAN


By _ _ _ _ _ _ _ _ _ _ __                             By_ _ _ _ _ _ _ _ _ _ _ __

Steve Warmington, Mayor                               P. Don Aley, Supervisor


ATTEST:


Gail A. Kundinger, Clerk




O:\LEISURE\JACOBSEN\WORD\SOFTBALL WORLD CONT!Mf:J.DOC
1-Db~Ai;;y • Softball World Contractd;;-~                                                                                Page 1 i




                                                         2003-18 (g)

                                                         LEASE AGREEMENT

                          THIS AGREEMENT, effective April I, 2003, by and between the City of Muskegon, a
                  Michigan municipal corporation, with offices at 933 Terrace St, Muskegon, Michigan 49443
                  (hereinafter referred to as "City"), and Muskegon Cha11er Township, a Michigan municipal
                  corporation, with offices at 1990 Apple Avenue, Muskegon, Michigan 49442 (hereinafter
                  referred to as "Township").

                                                            WITNESSETH:

                        WHEREAS, the Township is the owner and operator of four approved slow-pitch softball
                  diamonds located at the corner of Mill Iron Road and Apple Avenue in Muskegon Township,
                  Muskegon County, known as "Softball World;" and,

                           WHEREAS, the City desires to use Softball World's fields for its recreational summer
                   and fall softball leagues; and,

                          WHEREAS, the Township desires that the City utilize its softball fields and said parties
                   have negotiated and desire to put their several agreements in writing relating to the operation and
                   management of Softball World,

                          NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, it is
                   agreed as follows:

                   I.     Premises. The Township hereby agrees that the City for the term herein, and subject to
                   the conditions contained herein, shall have the right to use the four softball fields owned by the
                   Township known as "Softball World." During the term of this Agreement, the Township shall
                   have the right to operate and manage the restaurant and bar concessions, or to enter into a
                   concession agreement for the same.

                   2.      Term. The term of this Agreement shall commence April I, 2003, and continue in full
                   force and effect, subject to its terms and conditions, until November I, 2005, unless terminated
                   earlier by agreement of both parties.

                   3.      Compensation.

                          A.       City agrees to pay the Township the following compensation for use of the
                   premises:

                                   i.       Eight Thousand Five Hundred Dollars ($8,500), per year (total lease
                   obligation Twenty-five Thousand Five Hundred Dollars ($25,500)), payable in four equal
                   monthly installments of Two Thousand One Hundred and Twenty Five Dollars ($2,125), with the
                   first installment due April 1, 2003, and a like amount each three months thereafter, until paid in
                   full. In addition, in the event the electricity bill during any one year period exceeds the sum of
                   Four Thousand Dollars ($4,000), per year, the City agrees to pay the extra amount over and
                   above said Four Thousand Dollars ($4,000), in addition to the sum set forth above.


                   O:\LEISURE\JACOBSEN\WORO\SOFTBALL WORLD CONTRACT.DOC
                                                                    -l-

                           ···-.------------·--·   ---     ------- ·--------~---
                                                                                                                                    --·--·,
10-;;n-Al~-1-=--softball World Contractdoc                                                                                     __F'age 3_]
-----------·----·-- ·-




                                                (i)      City agrees to provide all lield maintenance (field nrninlenance is
                         defined as the daily mai11tcnanc~ io keep the liclds playable such as dragging & lining the
                         fielcls, and mowing the grass in the playing: fldd) and makrials. such as diamond dry. fertilizer'.
                         bases, etc. to provide the daily maintenance.

                                                 (ii)    City agrees to organize and manage the summer and fall
                         recreational softball program to be operated at Softball World, including the assignment of
                         practice fields before the season begins.

                                                (iii)   The Township, with the consent of the City, shall have the right to
                         contract with another party for the maintenance of said softball fields, provided, however, that
                         the City shall be responsible for the entire cost thereof.

                         4.      Insurance.

                                A.       City agrees to register all of its softball teams with the Amateur Softball
                         Association and carry the maximum insurance permitted by said organization covering field
                         owners and to name Muskegon Township as co-insured. The above policies of insurance shall
                         be subject to the approval of the Township Attorney as to proper form and the amount of
                         coverage. Copies of such policies shall be delivered to the Township for its records during the
                         term of this agreement.

                         5.     Obligations of Township.

                                A.      To pay all utility bills to said premises, except as otherwise set forth herein.

                                B.      To pay all taxes on said premises, including real and personal taxes, provided that
                                        it is determined that such taxes have been legally assessed.

                                C.      To carry, during the duration of this agreement, the following minimum insurance
                                        coverages:

                                        (i)     General liability insurance (premises and operations coverage):

                                                (a)     Bodily injury, comprehensive coverage limits of two million
                                                        dollars per occurrence.

                                                (b)     Property damage limits of two million dollars per occurrence.

                                                (c)     Liquor liability insurance acceptable to the State of Michigan.

                                        (ii)    Workers disability compensation coverage on all employees of the
                                                Township in the required statutory amounts.




                         O:\LEISURE\JACOBSEN\WORD\SOFTBALL WORLD CONTRACT.DOC
                                                                          -2-

             -----·------·-·-·------·-·--···-··•,e------------------ - - - - - - - - -
,---------
1   D'on Aley- Softball World Contract.doc                                                                                                     Page 3l
                                             ------                 -----------------                               -------   - - ---- -   -    -------   __J




                                     (iii)   The above policies of insurance shall be subject to the approval of the
                                             City Attorney as to proper form and amount of coverage. Copies of such
                                             policies shall be delivered to the City for its records during the term of this
                                             agreement.


                                     (iv)    All of the above insurance, except the workers disability compensation
                                             insurance, must name the City as an additional insured.

                    6.        Use of Premises.

                             A.     During the term of this agreement, the premises may be used by the City on
                    Monday through Sunday of the weeks from April I to November I. The Township shall have the
                    right to use said premises for the exclusive use of the Township residents upon reasonable notice
                    to the City and at reasonable times. The concession operator shall have the right to use said
                    premises when the City is not using the same with reasonable notice.

                            B.       This agreement is conditioned upon the understanding that the operation of the
                    softball fields from Monday through Sunday of the weeks from April I to November I will be
                    under the overall supervision of the City, and no portion of the premises may be leased,
                    subleased, or assigned to any other person, firm, or corporation without the express prior written
                    consent of the Township.

                    7.      Conditions of Maintenance of Fields. The City shall maintain the softball fields at an
                    acceptable level and to an acceptable degree. In no event shall the maintenance of said premises
                    fall below the following general standards:

                              A.     A manner equal to or greater than the level of maintenance at other public softball
                    fields.

                              B.     A manner consistent with good maintenance practice.

                            C.     Such other conditions as the parties may mutually agree upon during the term of
                    this agreement.

                            D.     In the event the fields are not maintained in a satisfactory manner to the
                    Township, the Township shall have the right to maintain said fields in a proper manner, and
                    charge the costs of same to the City.

                    8.     Structure of Premises. Except as otherwise provided herein, the Township shall have the
                    exclusive use of all buildings on the premises including but not limited to, the concession stand,
                    maintenance building, and small shed, provided the City shall have use of the maintenance
                    building for storage of equipment and materials.

                    9.        Binding Effect. This agreement shall be binding upon the parties hereto and their
                    respective heirs, administrators, personal representatives, successors and assigns.



                    O:\LEISURE\JACOBSEN\WORO\SOFTBALL WORLD CONTRACT.DOC
                                                                       -3-

                                                                                                                       ------------------
,---
1   Con Aley - Softball World Contract.doc                                                                                _Pag_e 4 .




                    I 0.  Applicable Law. This agreement shall be interpreted under the laws of the State of
                    Michigan.


                    11.     Arbitration of Disputes. In case of any dispute between the pm1ies hereto arising, which
                    cannot be resolved on the terms of this agreement, such dispute shall be settled by binding
                    arbitration between the parties, with the arbitrator having been appointed in accordance with the
                    following procedures:

                           A.      The parties shall meet and attempt to mutually agree upon an arbitrator.

                            B.      Should the pariies fail to agree upon an arbitrator, the parties shall each submit
                    two names upon a list of four persons which shall be presented to the then presiding circuit judge
                    for the County of Muskegon, State of Michigan, who shall from that list appoint the arbitrator.
                    The arbitrator's opinion shall be binding and said award may be entered and ordered in any court
                    having requisite jurisdiction.

                    12.     Renewal. If the City intends to enter into negotiations for the renewal of this Lease, City
                    shall give the Township thirty (30) days written notice thereof.

                    13.    Notices. Notices to either party to this agreement shall be sufficient if sent by certified
                    mail, postage prepaid addressed as follows:

                                   To the City:            Director of Leisure Services, City Hall, 933 Terrace Street,
                                                           Muskegon, MI 49443

                                   To the Township:        Supervisor, Muskegon Charter Township, 1990 Apple
                                                           Avenue, Muskegon, MI 49442.




                    A~~:
                            • g,
                                   a
                                   ·~
                                      .
                    Gail A. Kundinger, Clerk
                                                          .
                                                  cb,-.Sf.J
                                                      Q




                    O:\LEISURE\JACOBSEN\WORD\SOFTBALL WORLD CONTRACT.DOC
                                                                     -4-

            ----------------------------------··----------                                                                ---
Date:     Tuesday, February 18, 2003
To:       Honorable M~~and City Commissioners
From:     Ric Scott     ;f;T/tJ·#
RE:       Port-o-Jon Bids


SUMMARY OF REQUEST:
To award a contract to Fresh Start for the 2003 Port-o-
Jons for various city parks


FINANCIAL IMPACT:
Approximately $12,000


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION :
 Affirmalive Aclion
 2311724-6703
 FAX1722-1214

 Assessor
 231/724-~708
 FAX/726-5181

 Cemetery
 231/724-6783
 FAX1726-5617

 Civil Service
 231/724-6716
 F AX/724-4405                                        West MlcbJgan's Sho1>ellne City
 C lerk
 231/724-6705
 FAX1724-4178

 Comm. & Neigh.
                       Date:         Tuesday , February 18 , 2003
    Services
                       To:           Honorable ~a Y ~i ty Commissioners
 231/724-6717
 FAX/726-2501
                       From:         Ric Scott ~
                                                        7
Engineering
231/724-6707           Re:           Porto Jon bids
FAX/727-6904

Finance
                       Two bids have been received for providing port- o - jons at
23 1/724-6713          various city facilities f or the summer months. In 2002 ,
FAX/724-6768
                       almost $12 , 000 was spent on port- o-jons.
Fire Dept.
231/724-6792           Fresh Start bid a price of $62 / unit for the various
FAX1724-6985           facilities and has bee n the provider for the past
Income Tax             several years. Jons To Go bid $7 0 / unit.
23 I /724-6770
FAX1724-6768           I am requesting that you award the contract to Fresh
Info. Systems          Start to provide Port-o- Jons for 2 0 03 .
231 /724-6744
FAX/722-4301           Thank you for your consideration.
Leisure Service
23 I /724-6704
FAX/724-1196

Manager's Office
23 I /724-6724
FAX/722-1214

Mayor's Office
231/724-6701
FAX/722-1214

I nspccllon Services
231/724-6715
FAX/726-250 I

Planning/Zoning
23 I /724-6702
F AX/724-6790

Police Dept.
231/724-6750
FAX/722-5140

Public Works
2311724-4100
FAX/722-4188

Treasurer
231/724-6720
F AX/724-6768

Water BIUlng Depl.
231/724-6718
FAX/724-6768

Water Flllratlon
231/724-4106
FAX/75S-5290


                             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                      PORT-JON BIDS
                      BID PROPOSAL
                     FEBRUARY 11,2003

              ITEM      FRESH START              JONS TOGO
                         PO BOX4420           2675 E. STERNBERG
                        MUSKEGON, Ml 49444   MUSKEGON, Ml 49444

SCHEDULE OF PRICE         $62/UNIT                 $70/UNIT
Date:     Tuesday, February 18, 2003
To:       Honorable May       d City Commissioners
From:     Ric Scott
RE:       Seyferth In-Line Rink Surfacing


SUMMARY OF REQUEST:
To award a contract to Sports Court to provide surfacing
for the in-line skating rink at Seyferth Park


FINANCIAL IMPACT :
$24,120


BUDGET ACTION REQUIRED:
None, the funding is through the Community Foundation
for Muskegon County, the Thomas and Geraldine Seyferth
Fund


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
 Affirmative Action
 231/724-6703
 FAX/722-1214

 Assessor
 23 I /724-6708
 FAX/726-511!1

 Cemelery
 23 l /724-6783
 FAX/726-5617

 Civil Service
 231/724-6716
 F AX/724-4405                                        West Michigan's Shorelhte City
 Clerk
 23 I /724-6705
 FAX/724-4178

 Comm. & Neigh.
                       Date:          Tuesday, February 18, 2003
    Services
 231/724-6717
 FAX/726-2501
                       To:            Honorable      ~J.L and City Commissioners
Engineering
                       From:          Ric Scott      lfr/lj__~
23 l /724-6707
FAX/727-6904
                       Re:            Seyfarth Park In-line Rink Resurfacing
Finance
                       The in-line hockey rink at Seyferth park is uneven and
231/724-6713           needs surfacing. Staff has been able to find only one
FAX/724-6768
                       source for a surface that can handle water, provide a
Fire Depl.             smooth surface, and that can have an ice rink made over
231 /724-6792
FAX/724-6985           the top of it . Sport Court is the sole source provider
Income Tax
                       of that surface in Western Michigan. Sports Court is
231/724-6770           located at:
FAX/724-6768
                               470 Market Ave. SW
Info. Syslems
23 l /724-6744
FAX/722-4301
                               Grand Rapids, MI 49503
Leisure Service        The Thomas and Geraldine Fund of the Community
231/724-6704           Foundation for Muskegon County has awarded the City
FAX/724-1196
                       $25,000 to pay for the surface. The bid from Sports
Manager's Office
231/724-6724
                       Court is $24 , 120.
FAX/722-1214
                       I would ask that you award the contract to Sports Court
Mayor's Office         to supply and install the new surfacing for $24,120.
231/724-6701
FAX/722-1214           Thank you for your consideration.
I nspection Services
231/724-6715
FAX/726-2501

Planning/Zoning
231/724-6702
F AX/724-6790

Police Dept.
231/724-6750
FAX/722-5140

Public Works
231/724-4100
FAX/722-4188

Treasurer
231/724-6720
F AX/724-6768

Water DIiling Dept.
231/724-6718
F AX/724-6768

Water Flllrotlon
231/724-4106
FAX/755-5290


                             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
         Commission Meeting Date: February 25, 2003




Date:         February 17, 2003
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department C-f.)(
RE:           Smartzone Agreement Between the City and
              Community Foundation


SUMMARY OF REQUEST: The Community Foundation for Muskegon County has
agreed to assist the City of Muskegon with the Smartzone project in the event funds
are insufficient to finance the Local Development Finance Authority bond repayments
for the Smartzone building. The "Agreement" is attached. In the Agreement, the
Community Foundation agrees to share in the debt obligation for the bonds, in the
event tax increment revenues are insufficient to cover the bond payment. The
amount of their contribution will not exceed $75,000 annually. The terms of the
Agreement shall not commence until June 1, 2006 and such obligation will terminate
December 31, 2016.



FINANCIAL IMPACT: May positively effect the City if tax increment revenues are
insufficient to make bond repayments in any given year.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the attached Agreement between the
Community Foundation for Muskegon County and the City of Muskegon and
authorize the Mayor to sign.



COMMITTEE RECOMMENDATION: None.
                                       2003-18 (j)
                                      AGREEMENT

      AGREEMENT made this 1l/ day of             ':/t, bt-c.. .. ,. ~·
                                                       2003 between the City of
Muskegon ("Muskegon") and Community Foundation for uskegon County
("Foundation") with reference to the following:

       A.     Muskegon has agreed to construct a building in the "Smartzone" for Grand
              Valley State University.

       B.     The local development finance authority (City of Muskegon) has issued
              tax exempt bonds to finance the construction of such building with
              proceeds from tax increment revenues within the Smartzone district to pay
              for such tax exempt bonds.

       C.     Muskegon has financial projections showing the first payment from tax
              increment revenues on such bonds will be due May 1, 2006 with the bond
              issue continuing until November 1, 2025.

       D.     In the event the tax increment revenue generated by the Smartzone
              development is insufficient to cover the bond debt Muskegon must pay
              such deficiency from its general fund.

       E.     Muskegon has asked the Foundation, and other community institutions,
              for monies to protect Muskegon's general fund by participating with
              Muskegon in the bond repayment.

       F.     The Foundation recognizes the importance of the "Smart Zone" project in
              the City and County of Muskegon.

        NOW THEREFORE, it is agreed that in the event tax increment revenues are
insufficient in any year to cover the debt obligation of Muskegon on the bonds the
Foundation will contribute an amount not to exceed $75,000 annually to cover the
annual debt obligations on such bonds. Such contribution by the Foundation shall be
on a dollar for dollar basis with Muskegon. For example, if the deficiency in year 2007
is $50,000 the Foundation will contribute $25,000 and Muskegon will contribute
$25,000. Payment by the Foundation shall be made on or before thirty (30) days of the
bond payment date.

         In the event other community institutions agree to participate with the Foundation
and Muskegon to cover a portion of the bond debt, the Foundation and any other such
institution will be called upon in equal priority to share such deficiency on a dollar for
dollar basis up to but not to exceed each institutions obligation to contribute. For
example, the Foundation's obligation to contribute is an amount not to exceed $75,000,
organization A's obligation to contribute is not to exceed $20,000 and the deficiency
between the tax revenue and the bond obligation in year 2007 is $100,000.
Organization A shall contribute $20,000 the Foundation shall contribute $40,000 and
Muskegon shall contribute $40,000. In the event the deficiency is $54,000 the


                                             1
Foundation will contribute $18,000, Muskegon will contribute $18,000 and organization
A will contribute $18,000.

       In the event the tax increment revenue in any year exceeds the debt service for
such year such excess shall be divided equally between the Foundation, Muskegon and
organization A provided, however, the Foundation and organization A shall not receive
an amount in excess of their cumulative contribution.

       As of the date hereof the Foundation and Muskegon are the only signatory's to
this Agreement. In the event a third party contributor signs a facsimile of this
Agreement such facsimile shall be binding on all parties.

      The obligation of the Foundation pursuant to the terms of this Agreement shall
not commence until June 1, 2006 and such obligation will terminate December 31,
2016.

      Muskegon shall provide the Foundation an annual accounting of the tax
increment revenues for each year this Agreement is in effect.




                                        COMMUNITY FOUNDATION FOR
                                        MUSKEGON COUNTY




                                          2
                                              ~oo s- I~        K)
        Commission Meeting Date: February 25, 2003




Date:       February 17, 2003
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department cfec_
RE:         City's Application for Seawall Permit- Smartzone


SUMMARY OF REQUEST: The City of Muskegon has obtained a grant,
the Core Communities Fund, from the Michigan Economic Development
Corporation, to construct a seawall and boardwalk on the
Smartzone/Edison Landing site. Although the owner of the property,
Lakefront LLC, will be providing project oversight, they have requested
that the City apply for the actual permit (since the City grant funding is
financing the project). In addition, the City has been provided with a
letter from Lakefront LLC agreeing to various conditions in regards to the
City being held harmless, and outlining procedures for payment.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the staff recommendation to
apply for a seawall permit for the Smartzone/Edison Landing site, and to
authorize the City Manager to sign the permit application.
   02/17/03
----'-
               13:43 FAX 2317227866                     PARMENTER O'TOOLE                                              t,tJ 002




                                 Lakefront IDeveloprnent,                                 LLC

                                170 W, Apple Avenue • P.O. Box 786 • Mu&k6QM. Michigan • 49443-07a6
                                         Phone 231-722.Hl21    • Fax 231.722.76BBor728.2206



         February 12, 2003

         Mr. Bryon Mazade
         City Manager
         Muskegon City Hall
         933 Terrace Street
         Muskegon, Ml49442

         Re:     Edison La11ding
                 Seawall Permit Application
                 Expense Reimburiements

         Dear Mr. Mazade:

         As you know, we have requested the Cily of Muskegon ("City") to submit an application to the Michigan
         Department of Environmental Quality ("MDEQ") and the Army Corps of Engineers ("ACOE") for the
         construction of a seawall along the north and east side of Edison Landing. You have indicated that the
         City would be interested in making such an application on the condition that Lakefront Development,
         LLC ("Lllkefront") makes certain assurances to tile City. This letter will provide those assurances.

                  I. Design and Permit Application. Lakefront shall be responsible for the design and
         preparation of the appropriate applications to the MDEQ and ACOE for the construction of tile seawall
         and related shoreline improvements.

                  2. Responsibility for Construction. Lakefront will be solely responsible to the construction of
         <he seawall and related shoreline improvemenrs as permitted by the MDEQ and ACOE. Lakefront will
         have tile benefit of the Core Communities Grant, which will be administered by Lakefront in accordance
         with the Property Transfer Agreement dated September 24, 2002.

                  3. Assignment of Permit. Once issued by the MDEQ and ACOE, the City shall assign the
         perrnits to Lakefront and Lakefront shall accept such assignment and assume full responsibility for
         performance of the permitted activities and compliance witn the permit and all mies and regulations of
         MDEQ and ACOE. In the event the MDEQ or ACOE prevents the assignment from the City to
         Lakefront, Lakefront shall construct the permitted improvements, hold the City harmless and indemnify
         the City for any liability in connection therewith.

         If there are any additional assurances required, please advise. If this is acceptable, let me know and I
         will instruct Mike Hayes to stop by and pick up the signed applications.




         Member5         John M. Briggs. Ill • Anna. Urick Duggins • W. Brad Groom • G. Thomas Johnson • George W. Johnson
                         Linda$. Kaare • ChrislopherL. Kelly • Scott. M, Knowlton • Keith L. McEvoy • William J. Meier
                         Michael L. Rolf • James R. Scheuerle • John C. Schrier • Scott R. Sewick • J:)hilip M, Slofhm
02/17/03   13:43 FAX 2317227666                        PARMENTER O'TOOLE                                                          I,!] 003




      With regard to expense reimbursements, Cathy and I have had several discussions on a proper and
      efficient method of approval by the City. We came up with a pion by which Lakefront identifies a scope
      of work for a portion of the project with a list of parties who would be performing services. TI1e scope of
      work will be submitted to Cathy for her review and approval. Onoe approved by Cathy (and whoever
      Cathy thinks is appropriate at City Hall), Lakefront will submit invoices for payment by the City.

      At this time, the only activity for which Lakefront will be requesting reimbursement is for the design and
      permitting for the seawall ond related activities. The following is the Scope of Work for that activity.

               l. Design. Dreisenga and Associates and J.F. New and Associates (fka Resource Management)
      will be working on the design issues, including surveys (land and water), elevations and engineering
      spec,iications. Both firms will bill Lakefront on an hourly basis and w,11 invoices will be limited to the
      design of the seawall.

               2. Permitting Activities. Driesenga, J.F New and Tom Joiner will be working with Lakefront
      to prepare the application for the seawall and work witb the MDEQ and ACOE to approval. They will
      hill on an hourly basis.

              3. Contract Review. Prior to the execution of any contracts by Lakefront LLC for services for
      which Lakefront expects reimbursement from the City, Lakefront LLC will forward a copy of such
      contract to the City Director of Planning and Economic Development for review.

     At this time, we are not submitting any other scope of work for which Lakefront will be looking for
     reimbursement.

      Please review this letter and advise if it is acceptable to the City and we will proceed accordinsly.

      lfyou have any questions, please call.




      Christopher L. Ke! y

     Direct Dial: 231-122-5414
     Fax: 231-722-7866
     Email: clk@parmenterlaw.com

      c.      Lakefront Members
              Cathy Brubaker Clarke
              Mohammed Al-Shatel




      Member&         John M. Briggs, 1H •1 Anna Urick Du!)glns ,, W. Brad Groom ;; G. Thomas Johnstm        :1:   George W. Johnson
                      Linda S. Kaare   Christopher L. Kelly ,, Scott M. KnowttQn u Kellh L. McEvoy ;.; Willlam J. Meier
                      Michael L. Rolf · James R. Scheuerle :~ John C. Schrie,   m   Scott R, Sewiek   0   Ph\llp M. Stoffan
G2-17-G3                    14:09 JFNew                                 5                                       ID=6168479979                                             PG2/17
m           U3 Army Corps of EnginHl"S. (USACE.)                                                                    Michigan Dep;irtmont of Environ.mania! Quallly (MDl:.Q)        PEfil.
             P1evklus USACE Permit or File Number                                                                    Land and Water Management Division, MDEQ Fi!e Number
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             USACE File Number

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                                                                                                                     M¢irina Operating Permit Number


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•         Prinl In black or blue Ink and complete all item• ,n Sections 1 through 9 and those items ,n Sections 10 through 21 that apply lo your proposed proIect.
ill PROJECT LOCATION INFORMATION
  • Refer lo v9ur property's legal description for the Township, Ranae, and Section information, and vour oron,nv_tax bill for vour Pro,,.rtv Tax ld.~nlificalion Number/$). __
  Address                                                                              Township Name(s)                           J Township(s) J Range(s)         [ Seclion(s)
                                                                                                                                                       u;w
  Western/ Terrace Avenue
  CityNillage     -·--                       County(ies)                               Property Tax Identification Number(s)      --10N                              19

  Muskegon                                   Muskegon                                  24-205-554-0001-00
  Name ofWaterbody                           Project Name or Job Number                Subdivision /Plat                               Lot Number          Private Claim
  Muskegon Lake                              Shoreline Dr./                            n/a                                             n/a                 n/a
                                             Lakefront Develooment
  Project types          bl private                 ~ public/government                u industrial                            U commercial                   bl mullefami~
  (chock •II that apply) 0 building addition        181 new building or slruclura D building renovation or restoration 0 river restoration                    O single-family
                         0 other .(•x~tain)                                                                                                                           .
  The proposed project is on, within, or involves (check all that apply)         0 a legally established County Drain (dale established             )
  Oaslream                     O a pond (less than 5 acres)                      r8J a Greal Lake or Section 10 Wate,s       D a natural rivfir
  0 a river                    0 a channel/canal                                 0 a designated high risk erosion area Oadam                       0 a structure removal
  0 a dttch or drain           r8] an inland take (more than 5 acres)            0 a designated criicat dune area            r8J a welland         O a utility crossing
  0 afloodway area             0 a 10().year floo<fplain                         D a desi.Qnated environmental area          r8J 500 feet of an existing watarbodv
1:1 DESCRIBE PROPOSED PROJECT AND ASSOCIATED ACTIVITIES, AND THE CONSTRUCTION SEQUENCE AND METHODS
  • Attach separate sheets, as needed, including necessary drawings, skelches, or plans.
  See Attachments



    I APPLICANT, AGENT/CONTRACTOR, AND PROPERTY OWNER INFORMATION
    • The applicant can be either the property owner or the person or company that proposes to undertake 1he activity.
    • If the apP-licant is a cor~oralion, both the comoratiori and it's owner must provide e written document authorizing the agenlfcontraclor to aet on !heir beh<1lf.
    Applicanl (individual or corporate name}                                              AgentlContractor (firm name and conlact person)
    Citv of Mus~egon                                                                      JFNew (formerly Resource M<1na9ement Grouol

 Mailina Address 933 Terrace Street                                                      Mdress P.O. Box 487
 City                                        Stale                Zip Code               City                                               State        Zip Code
 Muskegon                                    MI                   49443                  Grand Haven                                        MI           49417
 Daytime Telephone Number with Area Code                                                 Daytime Telephone Number with Area Code
 Please contact agent                                                                    (616) 847-1680
 Fax                              E-mail                                                 Fax                             E-mail
 Please conta,ct aoent                                                                   (616) 847-9970                  mikeh@natureconsult.com
 Is Iha applicant the sole owner of all property on which this p<oject is to be con,trucled and all property involved or impacted by this project? ~ No u Yes
(II No, p,uvide a letter s~nad by the property owner authorizing the agenVcontraclor to act on his or her behalf or a copy of easements or right-of-ways. II mulliple
 owners, l'.l!eate attach all DfODertv owners' names, mailino addresses, and teleohone numbers.)
 Property Ownets Name (If different from applicant)                                      Mailing Address
 La,kefront Develooment LLC                                                              175 W. An.,le
 Daytime Telephono Number wilh Area Code                                                 City                                               State        Z1p Code
 Please call aoent Michael Haves. lFNew                                                  Muskeaon                                           Ml           49443-0786
~ PROPOSED PROJl:CT PURPOSE, INTENDED USE, AND ALTERNATIVES CONSIDERED (Attach additional sheets if necessary)
• The purpose must include any new development or expaniiion of an existing land use.
• Include a deecription of alternatives consideted to avoid or minimize resource impacts. Include factors such as. but not limited to, alternative construction lechnologles;
    alternative project layout and design; altema1ive locations; loct1\ land use regulations and infrastructure; and pertinent envlronmental and resource issues.
• For utility crossings, include bo\h alternative routes and a!temative construction methods,
See Attachments




         Jolnl Permit App!ioatiOn                                                       Page 1 of7                                                                 fobniary 2001
e2-17-G3 14:ee JFNew                                               s                                        ID=6!6847997t-l                                               P!l3/l7
11£.W   !JS Army Corps @f Englnoots (USACE)                                                                       Michigan Department of Envlronm&ntal Quality (MDl:Q)             DGtl
§     LOCAllNG YOUR PROJECT SITE
  • Provide the requested intormalion listed below that will help staff in locallng your project site.
 '• At1ach a cl'Y\v of a mao. such as a o!at, countv, or USGS toooaraohic mao, ctearlv showina the site location and include an arrow indicatino the nor1h direclion.
  Is there en access road to the project? O No [81 Yes (If Ve,, type ot road, cheek all that apply) D private ~ public D improved D unimproved
  Name of roads at closest main intersection Business Route 31 and Eastern Ave
  Directions from main interstietion From Apple Ave, west to BR31, north on BR31 to Eastern, west on Eastern to Western,
  north on Western one block to entrance on west side of road.
  Style of house or other building on sile D ranch D 2-sto,y D cape cod Obi-level D collage/cabin D pole barn D none D other (describe)
  Color               Color of adjacent property hOuse and/or buildings
  House number                Address is visible on O house D garage O mailbox O sign D other
 Slreel name                Fire lane number                 Lot number
 How can your site be identified if lhere is no visible addrMs? Old industrial site with fenced boundaries.
 Provide directions lo lhe proje,t site, with dtstances from the be91 and nean,sl ~Sible landmark and waterbody

 Does project cross boundaries of two or more political jurisdiclions? (Cityrrownship, Township/Township, County/County, elc.}
 [8J No D Yes (If Yes, list 1urisdiclion names.)
~ list all other federal, interstate, state, or local agencies authorizations required for the proposed activity, including all approvals or denials received.

                 Agency                   Typo ilpp,oval               ldenllflcallon numhar               D11te applied       Date- appl'l>ved I denied   If denied, reason for denial
 MDEQ                                     Part 301,           01-61-0048-P                              6/22/01                 2/27/02
                                          303                                                                                   modified:
                                                                                                                                9/5/02

fl If a nermit Is issued, dale activity will commence IM/DfY\ A5AP                                             Pro~sed com,eletion date lt-ND/Yl ASAP
 Has any construction aclivity commenced or been completed in a regulated area? !QI No LJ Yes                  Were the regulated aclivities conducted under a MDEQ permit?
 If Ye$, identify the portion(s) underway or completed on drawings or                                          D No Yes    •
 attach project •e•cifications and give comiietion dalfils) (M/D/Y).                                           "Yes list the MDEQ eerm,t number
 Are you aware of any unresolved vio!atlons of environmental law or litigation involving the property? ['.8J No D Yes (If Yes 1 please e:xplain)

.t   PUBLIC NOTIFICATION (Attach additional sheels if necessa,y)
  • Comp!eIe information for au adjacent and impaciec1 property owners and the lake agsociation or eslablished lake board including !he contact person's name.
  • If vou own the adIacent lo!. crovide the reouesled information for the first adjacent ~arcel be~and :t:Our proeertx line.
  Property Owner's Name                                                                      Mailing Address                         City                  State            Zip Code
  Terrace partners LLC                                                                    74 E. Long Lake Rd                          Bloomfield           Ml               48304
                                                                                                                                      Hills
   Dudley Corporation                                                                     2920 Business One Dr                        Kalama;z;oo MI                        49001
  Westwood Management Associates                                                          900 Third St                                Muskegon             MI               49440
. Muskeqon Raa and Metal Comoanv                                                          PO l:lox 146                                Muskenon             Ml               49443
  Name of LJ Established Lake Board D or Loke Association                                    Malling Address                         City                  State            Zip Code
  and the Contact Person's Name                   Telephone Number
1J APPLICANT'S CERTIFICATION                                            READ CAREFULLY BEFORE SIGNING
  I am applying for a permit(s) lo authorize the ac1ivities desctibed herein. I certify that I am familiar with !he information contained !n lhis application, that it is true and
  accurate, and, to the best of my knowledge, is in compliance with the State Coastal Zone Manag,ment Program and tho Naflonal Flood Insurance Program. I understand
  that Ulere are penalties for submiuil1g false infoITT1ation and that any permit issued pursuant to this application may be revoked if information on this application Is untrue.
  I certily thal I have the authority to undertake the activities proposed In this application. By signing this application, I agree to allow representatives of lhe MDEQ and the
  USAGE to enter upon said property in order to inspect the proposed activity site and the completed project. I understand that I must obtain all 0Ihe1 necessa,y local,
  county, state, or federal permits and thal lhe granting of other permits by local, county, state, or federal agencies d~s not release me from the requirements of obtaining
~M,_n_'lit requested herein before commencing the activity. I understand that the e~ment of the application fee, does not guarantee the issuance of a permit.
  • All applicants must complete all the ilems in Sections 1through 9 on pages t and 2 of this application.
  • Complete loose items in Sections 10 through 21 lhal apply to your project. It~ nemsa,y to submit only those pages where you have provided information.
  • Please list here the applic~tion page numbers being submitted and a brief description of othet attachments included with your applicalioo.



'"u   Property Owner
  [8J AgenVContraclor                            Printed Name Bryon Mazade, City of
                                                                                                                                                                                 ••---••-~w




 D Corooration - Tille                           Muskeaon                                                  Sionatun,                                                  Dale 1h:Jo3
                                                                                                                                                                            r    .



     Joinl P,nmil Application                                                          Page 2 of7                                                                    Februa,y 2001
G2-17-G3 14:Gl JFNew                                                 5                                          ID=616847997e                                            Pe4/17
lb:tl US Armv Corps: of Engineers (USACE)                                                                           Michigan Department of &nvlronmental Quallty (MDEQ) D€~

 1J!1 PROJ~CTS IMPACTING WETLANDS OR FLOODPLAINS OR LOCATED ON AN INLAND LAKE OR STREAM OR A GREAT LAKE
  • Check boxes A through N that may be applicable to your project and provide the requested information.
   , If your project may affect wetlands, also complete Secloo 12. If your proIect may impact regulated floodplains, also complete Section 13.
   • Provide an 011era1I site plan showing existing lakes, streams, wetlands, and other water features; existing stroctures; and the location of all propo$ed structvres, land
      change aclivities and soil erosion vnd sedimentation control measures. Please review sample drawings for guidance in completing sita--specific drawings for your project.
    • On a Great Lake use /GLD 85 IZI surveyed D converted from obsecved still waler elevation. On inland waters, D NGVO 29 D local datum D other
       Observe<! water elevation'"'            • date of obsecvation IMIDIY\ ·-                                                             _
 l!SJ A, PROJECTS REQUIRING FILL (See All Sample Drawings)
       • To calculate volume in cubic yards (cu yd), multiply lhe average length in feet (ft) times the average width (ft) Umes the average depth (ft) and divids by 27.
       • Attach bolh clan and cross-section views to scale showinn maximum and average fill dimensio11s.
        (Chock all that apply) ~ floodplain fill             l2J wetland fill       Oriprap               121 seawall, bulkhead, or revetment 0 bridge or culvert
        D boat launch                off-shore ~-~im area D beach sandina           Oboatwell             n crib dock                              Oother.
        Fill dimensions (ft)                                                                         Fill volume (cu yd)           Maximum water depth in foll area (II)
        Lenglh See Attachments/graphics width                                 '                      See                           See Attachments/graphics
                                 mexi~um deoth                                                       Attaehrnents
                                                                                                                                   Will n"er fabric be used under proposed fill?
        Tune of clean fill n oea Slone "" ·~~d -     •    oravel  •   wood chips D other                                           [8] No l2l Yes rtr Yos. t"='

       Source of clean fill rJ~~!)-site, If on-site, snow location on site ~Ian   r8'.l commercial   n other lf~9ther attach clescri~lion of location
                                                                                                             1        1



       Fill will extend I see attached ara ahics I reel into lhe wa1erfrom Iha shoreline and uolond ( see attached araahics) feel oul of !he water.
 ~ B. PROJECTS REQUIRING DREDGING OR EXCAVATION (Seo All Sample Drawings)
   • To calculale volume in cubic yards (Cu yd), multip~ the average lenglh in feel (ft) Umes lhe average width (ft) times the average depth (ft) and divide by 27.
   • Attach both plan and cross-section views to scale showing maximum and average dredge or excavation dimensions.
   • The annlicant will be notified if se~menl samelin9 will be reguired.
    (Check all th al apply)       l2J floodplain excavation        U wetland dredge or draining            [81 seawall, bulkhead, or revetment
    12] navioation                       n
                                       boa/ well                   D boal launch                           17other
    Dredge volume (cu yd)                                                      Method and equipment for dredging
    Uoland:857 CYDS Bottomland:6~.6 CYDS                                       Mechanical
    Has pIoposed dredge matonal bsen lesle<I forconlaminanls? D No l3l Yes (If Yes, attach tesling results)
 -Has this same area been previously dredged? [81 No D Yes (If Yes, provide dale and permit number,~ available)                      (M/DIY)
    If Yos, are vou oronosinn 10 enlame the oreviousl dredged area D No D Yes

        Is lono-term maintenance d1edninn ntanneo? [81 No D Yes llf Yes, when and how much?)
 XI    C. PROJECTS REQUIRING RIPRAP rsee Sam•le D1awin9, 2, 3, B, 12, 14, 17, 22, and 23. Othe/S mav aoolv)
                                                                              Dimensions (ft)                                                             Volume (cu yd)
        Riorao wateiward of the M shoreline OR "" ordin~[Y.,!lj~h weter mark lenqth 1144       width 10.25                          denln 1,5             652
                                                                              Dimensions (ft)                                                             Volume(cu yd)
        Rinran landward of then shoreline ORO ordina,v hioh vrat•r mark       length 1144      widlh 12,75                          deolh 1.5             810
       Type of r,prap      O field stone l2l angular rock D other
       Will fl/ter fabric be used under orooosed riorao?   D No   [81 Yes /If Yes,"'=' Nan-woven aeotextife
 XI    o. SHORE PROTECTION PROJECTS /See Samole Drawinos 2. 3, and 17)
       (check all that apply)       D riprap   rgj saavrafllbulkhead      0   ravotmenl
   1 E.  DOCK· PIER· MOORING PILINGS /See Samole Drawino 11)1                                                                                   ,.,_,.,                    -~-"••·-
       Tvne 1 1 onen rile 1 1 filled 1 1 crib                                                Seasonal s/ructure? [;J.!JP._D Yes

       Proposed st111cture dimensions fft\ lenalh     widlh                  Dimensions of nearesl adiacent slrucluras (ft\ lennlh          widlh
   1 f.  BOAT WELL {No Samnle Drawino available\
     Tvoeofbankstabililatioh 1 1 wood I isteel f7conerele I7vinvl I in· rat> 1 1other
     Boat well dimensions (ft)                                               Number of boats
     lenoth                       width           deoth
      Volume of backfill behind                                              Distances of boal we//
     sidewall stabilization (cu vd\                                          from adiaceol orooenv lines lft\
   1 G. BOATLAUNCH {No Samnlo Drawino available\                                                                                                                                       '
     (check all that apply) D new D existing D pu~lic Q_Jrivale D commerc;aI     Type of matedal D coocrele D wood D stone D olher
      Overall boa! launch dimerisions (ft)                                       Boal launch dimensions (ft) below ordinary high waler mark
                                                                                                                                                                                 -·-
      Length                 width                depth                          lenolh                  width               deo/h
      Distance& of launch                                                        Number of skid pier, j Slid pior dimensions (ft)
      from both oro• ertv lines fft\                                                                      width              leo• ih
   1 H. BOAT HOIST /No Samole Drawino available!
       (Chock all that apply) D seasonal D permanent D cradle D side lifter OotMr                      I localed on D seawalr Qdock 0 bottomlaods
   1   I, BOARDWALKS AND O~CKS IN WETLANDS OR FL!)ODPLAINS !See Sample Drawinas 5 and 6\
         (Check all ih&t apply) 0 boardwalk 0deck D wetlands    noodplain           •                                     I Boardwalk or deck IS on O fill D p1fing
                                                                                          Page J of7                                                             February 2001
       Joint PAtrnit Applicatior\
G2-17-G3 14:Gl                         JFNew                                  5                                               ID=616847997!l                                                     PGS/17
~       u:;; Army Corps of Englneern (USACE)                                                                                          Mlchlgtui Oepartmont or En'lironmenhll Quality (MOEQ)                DE(\
   ,,. Continued • PROJECTS IMPACTING WETLANDS OR FLOODPLAINS OR LOCATED ON AN INLAND LAKE OR STREAM OR A GREAT LAKE
 . 1 J, INTAKEPIPESISeeSamP.J.eDrawinq 161 • •0UTLETPIPESIS.eSamole0rawinq22\
                                                                                                                   If outlet pipe, discharge is to W wetlar'ld                 D inland lake
        Tvne D headwall D end secoon O pipe D other                                                                n stream, drain, or river D Greal Lake D"-"ot,che,,r_ _ _ _ _ _ _-a
f---,,D!'im"'ensions of headwall OR end section (ft)         ---                                                                  I
                                                                                                                   Number of pipes Pipe diameters and invert eiavations
        lenqth             width               depth
U K. MOORING AND NAVIGATION BUOYS (No Sample Drawing available)
       • Provide an overall site plan showing lhe distances between each buoy, dis!anoes kom the shore to each buoy, and deplh of water at each buoy in feat.
       • Ptovide cross--section drawinats\ showinn anc:hq_~!~.9·~•:~,cs:,:te"m"1is=la,,,nd,_,dc,im"'e"n"si"'an"is'c._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ - - - - - - - ~
        Number of buoys       I
                              Type of anchOr system                                                                Purpose of buoy
1--~---~-½.-,------.                                                                                       n            mooring,-=O~-"n"ov"''io"'at,::iO::.,n_ _ _ _ _= - ~ = - - - - - - - l
        Dimensions of buoys (ft)                                                                                   Do you own U,e property along the shoreline? D No D Yes
        width             heiohI                                                                                   flf No, vou must orovide an auUiorization letter from tho aronertv ownerlsll
U L, GROINS (No Sample Drawing available)
      • Prav~e an overall sile plan showing lhe distances (ft) of the outermost groins from the property lines, d;srances between groins, length and widlh of eech groin, and
           the distance from lhe ex,sting toe of the bluff lo the lakeward end of the groins.
      • If existing groins are located on adjacent properties, provide distances (ft) from closest neighboring groin to your property llnes on the site plan.
           Provide eross-$ecfion views showing the length and height of each groin and the height of groin ends above the observed water level (date and time). If step down
           tvne, show the heiaht of each section above the observed water level.
        Number of groins      I
                              Type of groin                                                                        Will groin be placed on a foundation? D No     err.-,             (If Vos, dimensions of
                              D sIeel D wood D other                                                               fOIJ~dation (ft)) length                         widtlJ      _., _ __:h,,:ei:,:·0Ihe:,!_ _ _ __,
 ~ M. FENCES IN WETLANDS, STREAMS, OR FLOODPLAINS (No Sample Drawing available)
      • Provide an overall site plan showing the proposed fencing through wetlands, streams, or floodplains,
      • Provide drawina of fence orofite showina the desian dimansion, l'll'l$l soacina, board soacina, and distance from oround to bottom of fence (if in a floodPlain),
      (chock all that apply)                                I
                                                        Total length (ft) of fence through                                                  I                fence height (ft)I           Fence type and material
      D wetlands O streams O floodnfains ~!lands                                     streams                           floodofains
 u N. OTHER. e.g., structure removal, marine railway, low sand trap wall, breakwaler1 and structural roundalions: in wetlands or floodplains
      u • CONSTRUCTION OF A NEW LAKE OR POND !See Samele Drawi""S 4 and 15j,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
        Which best describes your proposed waterbody use (check all that apply)
      -•   wlldllfe         D stormwater retention basin           D stormwater detention basin                               D recreation              D wastewaIer basin            D other
        Waler source for lake/pond
        n  grounrtwalet           n
                                natural spJ!!)9~_1;] Inland Lake or Sf1eam D stormwater runoff                                D pump                    D sewage        •             D other

      Will oroiocl involve construction of a dam, dike, outlet control structure. Of so/I/way'? D No D Yes /If Yes, comnlote Section 171
~ACTIVITIES THAT MAY IMPACT WETLANDS
 , For information on the MDEQ's Wet/end Assessrne.o! Prl'll@.m, olease visit the LWMD ...,.b,ite or call 517..241.6485.
 (cheok all Ihat apply) 0 fill (Sec1ion 10A)         D dredge oroxcavation (Sec1ion 106)             u boardwalk or deck (Section 101)
ec-c-----~n'-½l"'en•ces (Section 1OM) D bridoe, and culverts (Sec1ion 141                           D drainina surface water           n other
 Has a professional wetland delineation been conducted far this parcel? LJ No L?St Yes (If Yes, please            Applicant purchased propony
 orovide a coov; if federal method was used, SU""'" data sheetsi                                                  D before OR n after October 1 1980. _ _ _ _~,

  Has the MDEQ conducted a wetland assessment for th,s oercel? 1'x1 No n Yes Qf_~..~,.P!.~~"''°""v"ldoce.::•:,:co,,,'"='----------------a
  Describe the weUand impacts, proposed use or development and efforts to avokl/minimize impacts.
  Wetland fill is 11roposed in compliance with MDEQ-approved Remedial Action Plan to cap this contaminated
  site
 Is any grading or mechanized land clearing proposed? l<SJ No        Yes      u            Has any of lhe proposed grading or mechan12ed land clearing been completed?
 flf Ye&, olease show locations on sIle alan\                                              D No n Yes flfYes, otease label and show toca!ons on site nlan\
 • Complete lhe wetland dredge and wetland fill dimension information for each impacted wetland area. Attach addi!ional sheets if necessaiy and label 1he impacted
     welland areas on a site plan drawn to scale. Please attach at least one typical cross-section for each wetland dredge and/or fill area. (See Sample Drawings 8 & 9)
 • Also complete Section 10A for fill and Section 108 for dredge or excavation activities.
 • If dcedoe material will be disoosed of on sile, ote~se show the location on site olan in an VJJland area ~nd include soil erosion and sedimentation control measures,
 Welland dredge maximum length (ft)               maximum width (ft)           dredge area                           average depth (ft)        dredge volume(cu yd)
 dimensions                                                                    h acres n so ft
 Wetland fill         maximum length (ft)         maximum width (ft)           fill area 0,56                        average depth (ft)         fill volume(cu yd)
 dimensions            1033                       68                           l'v1 acres "so ft                     4                          2.240
 Tolal welland dredge area                                                                 Total wetland dredge volume (cu yd)
 " acres n so ft
 Total wetland fill area 0.56                                                              Total wetland fill volume (cu yd)
 r;ii acres n so ft                                                                        2,240
 The proposed project will be serviced by GJ public sewer                If s@ptlc system, has application been made to lhe             If Yes, has permlt been issued?
 D private septic system (If septic system, show existing and            County Health Department for a perm,!? D Na O Yes              D No O Yes (If Yes, provide copy)
 new or ex.oanded svstem on o!ans)




     Joint Pgrmit Application                                                                        Page4o(7                                                                               February 2001
e2-17-e3      14:&2 JFNew                           s                                                              ID=616847997e                                                  PeG/17
WI US Army Corp& of Engin&ars (USACE)                                                                                     Michigan Dopattmont of Environmenlltl Quality (MDEQ)       DIE!il
WFLOODPLAIN ACTIVITIES (See Sample Drawing 5. Others may apply)
 • Plea$e attach additional sheets with the reauested informaliM when multiole floodolain activilies are included in this ant1lication.
 (check all th8t &pply) [ZJ fill         D dredge         0   welland impacts          • other not-~-.regulated
                                                                                                       ~-       under Part 31• see attached letter.

 Site is             feet above D 01dinary high water mark (OHWM) OR O observed water level                               , Date ofobservation                (M/D/Y)
  Fil! volume be!ow the 100-year                                                         j Compensa~ng cu1 volume below the
  floodolain elevation lcu vdl                                                              100-vear floodnlain elevation lcu vdl
11,1.11BRIDGES AND CULVERTS (Including Fool and Cart Bridges)
  • P1ovide detailed site-specific drawings ot existing and proposed Pion View(Sample Drawing 14A), Elevalion View (Sample Drawing 146), Stream and F/oodp/aln
      Cross-Soc/ion (Sample Drawing 14C), Stieam Profile (Sample Drawing 140) and Floodplain Fill (Sample Drawing 5) at a scale adequate for detailed review.
  • Provide the requested information that applies to your project If there ls not an existing structure, leave the "Existing'' column blank.
  • If you choose to have a Licensed Professional Engineer "certify" that your project will not cause a ~harmful Interference· for a range of flood discharges up to and
     lncluding the 1oo.year flood discharge then you mus I use lM •Required Certification Language", A copy is available on our website under ~Permit Applica\ion" or you
      may request a copy by phone, email, or mail. A hydraulic report suppor1ing this certification may also be required.
  • Please attach additional sheets with the reouested inform~pn when multlo!e crossin s are included in this an~!ica!ion.
                                                           Existing          Proposed                                                                   Existing     Proposed
                                                                                                                                                                                         ,.
 Culvert tyl)e (box, circular, arch) and material                                                Bridge span (length perpendicular to stream)
 tcorruaated metal, timber, concrete, etc.)                                                      OR colvert      n
                                                                                                                 width D diameter rm
 Bridge typo (concrete box beam, timber,                                                         Bridge width (parallel to stream)
 concrete I-beam, etc.)                                                                          OR culvert lenath fftl
 Entrance design                                                                                 Bridge rise (lrom bottom of beam to streambed) OR
 {oroieclino, mitered wingwaJ[s, etc.)                                                           Culvert rise mom too of culven to weambedl /ftl
 Total structu.. wateiway opening
 above ,t.. ambed Isa fil                                                                      ... Higher elevation of U culvert
                                        Upstream                                                                                                Upstre•m
 D elevation o~ culvert crown                                                                    inver1 OR D streambed within
 D bottom of bridge beam (ft)           Downstream                                               culver1 (ft)                                   Downstre"rn

 Elevation of road grade at structure (ft)                                                       Distance from low point of road

 Elevation of low point in road (ft)
                                                                                             ... to mid-noint of bndae cro,sino /ft\
 Cross-sectional area ol primary channel (sq ft)                        I Average stream width at OHWM
 (See Samole Drawina 14C\                                                outside the influence of the st,ucture (ft)                           uostream                 downstream
 Reference datum used (show on plans with description)         • NGVO 29 • /GLD 85 (Groat Lakes coastal areas)                    Olocal
                                                                                                                                                               .,             .....~---~-~.
                                                                                                                                                                             ,,
 High water elevation-describe reference point and highest known waler level above or below reference point and date of observation,




 1:JSTREJ\M, RIVER, OR DRAIN CONSTRUCTION ACTIVITIES (No sample drawing available)
 • COmpleIe Section 10A for fill, Section 108 for dredge or excavation, and Sec1ion10C for riprap activities.
 • If side casting or other proposed activities will impact wetlands or floodplain,, complete Seciions 12 and_ 13, respectively.
 • Provide an overall sile plan showing existing lakes, streams, wetlands, and other w~ler features; existing structures; and the location of au proposed structures atld land
    change a<:tivilies. Provide cross•section (elevation) drawings necesiary lo clearly show exis!lng and proposed conditions, Be sure to indicate drawing scales.
 • For activities on leaayy established count(!_rains_, !}rovide prlgjnal design and proposed dimensions and elevationi,
 (check all that apply)        0   maintenance      D improvement        0   relocation     D enclosure          0 new drain          D   wetlands        Oolher

 Dimensions (ft) of existing stream/drain channel to be worked on.            Length                            width                       depth

 Dimensions (ft) of new, relocated, or enclosed stream/drain channel.         lenglh                            width                       depth

 Existing channel average water depth in a normal year (fi)                                 I Proposed side slopes (ver1Ical / Mrizontal)
 How will slopes and bottom be slabilized?

 Will old/enclosed stream channel be backfilled to top ol bank grade?        D No D Yes
 If an enclosed structure is proposed, check type?          D concrete       D corrugated metal
                                                                                               .,.,~  ..- •     plastic       0   Olher
                                                                                                                                           ·•·'-'-"


 Will spoils be disposed of on site? D No        D Yes (If Yes, show location of spoi~ on site plan in an upland area,)
 Reference datum used (snow on plans with description)          0   NGVD 29     D /GLD B5 (Great lakes coastal areas) D local
 Relerence datum used (show on plans with descrtption) D NGVD 29              •   /GLD 85 (Great lakes coastal areas)          D local
    Joint Permi1 Application                                                              P<19e5of7                                                                      February 2001
G2-17-G3   14:G2 JFNew                   5                          ID=6!6847997'1                       PG7/17




           ATTACHMENT A

           Additional Comments-Application (see corresponding Section numbers)

           2. Describe Project and Associated Activities
               • Construct 1590 linear ft. of steel seawall (including two SO-foot returns) for
                  shoreline stabilization. Seawall to he placed immediately lakeward of existing,
                  deteriorating waH in most places (see graphics).
               • Excavate 857 cubic yards of upland material (to create new bottomland), and 666
                  cubic yards of material below the ordinary high water mark (for navigation) for a
                  total of 1523 cubic yards of material (to be used on site as part of backfill).
               •  Place   3400 cubic yards of material (dredge spoils and clean fill from a
                  commercial source) behind proposed seawall as backfill.
               • Install 750 linear ft, (30 cubic yards) ofriprap lakeward of the proposed seawall
                  as toe stone to enhance habitat.
               •  Place   1144 linear ft. {1462 cubic yards) ofriprap along eastern shoreline of site
                  for shoreline stabilization and containment and place 2240 cubic yards of clean
                  fill from a commercial source in 0.56 acres of existing wetland to complete
                  MDEQ approved Remedial Action Plan for site

           Describe Construction sequence and method.
                  Seawall will be installed directly waterward of existing seawall along most of its
                  length. The project purpose includes removing 3 existing, 90-degree angles. In
                  these places, cuts through the existing wall at the lakeward point would be made
                  and the proposed wall installed landward of the existing wall at this location.
                  Following installation, the walls would be backfilled using material mechanically
                  excavated from the lakeward cut and capped with material from a commercial
                  source, consistent with requirements established under the Remedial Action Plan.

                  The eastern portion of the site's shoreline will be modified and recontoUied
                  consistent with the Remedial Action Plan. Silt fence will be installed along the
                  ordinary high water mark, and fill used to cap the site will be contoured as
                  illustrated by the enclosed drawings. Riprap on non-woven geotextile fabric will
                  be installed along the shoreline at a 2 to I profile.


           4. Proposed Project Purpose
                  The project purpose is to repair a deteriorating seawall and otherwise stabilize the
                  existing shoreline to facilitate containment of hazardous material on this
                  brownfield redevelopment site.

                  The proposed shoreline stabilization and fill are in response to ongoing clean-up
                  activities at this site. These activities are consistent with the Remedial Action
                  Plan developed through MDEQ's Remediation and Redevelopment Division.
                  This proposal addresses the reuse of this property under the already-approved
                  Planned Unit Development by the city of Muskegon
                              5                           ID=616847997~                     P98/17




       Installation of the new seawall replaces the existing seawall that is structurally
       unsound. The new seawall and shoreline stabilization is meant to contain the
       proposed fill necessary to cap the site, and is part of the remediation efforts
       funded for this property.

       The proposed orientation of the new seawall straightens the shoreline and
       removes 3 existing, 90-degree angles at the shoreline. The existing right angles
       act as debris catchment zones, are more susceptible to wave action, and are
       vulnerable to winter ice pressure, increasing maintenance costs to the public. The
       new shoreline will also facilitate the proposed boardwalk and public access.

   Intended Use
       This site is part of Muskegon's SmartZone redevelopment and includes areas for
       office space, retail outlets, residential housing, and public use, including open
       space and access to the waterfront using a community boardwalk. Earlier phases,
       already permitted, have allowed for the realignment of Shoreline Drive and
       associated bike trnil, as well as the development of the Muskegon Technology
       Center, to be operated by Grand Valley State University.

       The proposed shoreline stabilization is intended to complete the reclamation of
       the site under the Remedial Action Plan

  Alternatives Considered
      Project design must address the Remedial Action Plan and provide for capping the
      site with clean fill up to or above the elevation 584.8 NGVD (See MDEQ
      correspondence from Gerald Fulcher, Attachment B). Finished contours are
      proposed at 585.0 NGVD.

       Extending the seawall throughout the entire shoreline was considered but
       abandoned in favor of limiting its use to the western half of the property where
       most of the area is already contained by seawall. Riprap was proposed for the
       remaining eastern length of shoreline. Toe stone has also been proposed along the
       shoreline in front of the seawall as habitat for bentbic organisms.



10. Proiccts Impacting Wetlands
      (A) Projects Requiring Fill
      Wetland Fill: This proposal includes 0.56 acres of unavoidable wetland impact to
      provide the appropriate cap as required under the Remedial Action Plan. This
      includes 141 7 cubic yards of clean fill from a commercial source and 823 cubic
      yards ofriprap (see Section I JC for total riprap volumes) for a total of2240 cubic
      yards of fill in a wetland. See attached graphics for details.
      Seawall Backfill: Fill areas are irregular in shape and depth. Area I averages
      approximately 170' X 35' X 8.89' in depth (1960.5 cubic yards). Area 2 averages
                             s                          !D=6168479971'l                    P~9/17




       approximately 180' X 35' X 6.17' in depth (1439.5 cubic yards). A total of 3400
       cubic yards of backfill are proposed. See attached graphics for detail.

       (B) Projects Requiring Excavation
       857 cubic yards of existing upland will be excavated to create new bottomland as
       part of this proposal. 666 cubic yards of material below the ordinary high water
       mark in the above location will be excavated for navigation (see Section CC for
       details). Excavated spoils will be used as backfill, landward of the proposed
       seawall.

       Soils at this site have been thoroughly tested and characterized as part of the
       ongoing reclamation of this site. A map identifying sampling sites and a table
       indicating levels that exceed established criteria are provided as part of this
       application. Those levels above the appropriate criteria in the proposed
       excavation area have been circled.

       (B) Projects Requiring Riprap
       A total of 1462 cubic yards ofriprap are proposed as shoreline stabilization. See
       application form for figures above and below the ordinary high water mark. 823
       cubic yards of this riprap is listed as fill in a wetland (see Section !OA).



14. Floodplain Activities
      The proposed fill in this location is not regulated under Part 31, Water Resources
      Protection, of the Natural Resources and Environmental Protection Act of 1994.
      For reference, please see September I 7, 2002 correspondence from Mr. Gerald
      Fulcher, MDEQ, Attachment B
                                               s                                       ID=6!68479971l                             Pl0/17
                                                                                                                 JU l J\-LHJV!J!,l't l B
                                                           STATE OF Mll.'.)-.IJC,;AN

                                       DEPARTMENT OF ENVIRONMENTAL QUALITY
                                                                  LAN51NG


 JOMNtNGI..EA                                                                                                   RUSSELL J, HARDING
      OOVl:'.ANOR
                                                                                                                         OIFIECTOrl




                                                               September 17, 2002


Mr. Mike Zambetis
Resource Management Group
P. 0. Box487
Grand Haven, Michigan 49417-0487

Dear Mr. Zambetis:

SUBJECT: Parcel C, City of Muskegon Shoreline Drive/Lake Front Development

l am returning the check number 6336 for the amount of $100.00 and the application for this project
which includes the placement of 670 cubic yards of fill in Parcel C or the Muskegon Shoreline
Drive/Lake Front Development project located in Section 19, Tl ON, RI 6W in the City of Muskegon.

Based on the information that you submitted all of the till is being placed above the Ordinary High Water
Mark (OHWM) of Muskegon Lake. There is no fill being placed in a wetland and no structure in being
placed below the OHWM. In addition, the floodplain at this location of Muskegon Lake is not regulared
by the Department of Environmental Quality (DEQ). A permit is therefore not required from the Land
and Water Management Division under the authority of Part 30 I, Inland Lakes and Streams, Part 303,
Wetlands Protection and the floodplain regulatory authority found in Part 31, Water Resources Protection,
all of the Natural Resources and Environmental Protection Act, I 994 PA 45 I, as amended.

You are reminded that Gerald Heyt of the Remediation and Redevelopment Division has indicated that the
entire area within the Lakefront Development site must be covered with at least one foot of clean till at
one time and not in a piecemeal manner. It should also pointed out that the US Army Corps of Engineers
has revised the 100-year lloodplain elevation at this site to 584.8. While the published JOO-year
floodplain elevation in the City of Muskegon Flood Insurance Study is 584.0, it is recommended that the
higher elevation of 584.8 be used for any development purposes. Once the area is filled it is
recommended that you apply for and obtain a Letter of Map Revision-based on till from the Federal
Emergency Management Agency.

If you have any questions, please feel free 1o Contact Ms. Holly Stearns at 517-373-4667 or you may
contact me.




                                                erald W. Fulcher, Jr., P£, C ef
                                               Transportation and Flood      d Management Unit
                                               Geological and Land Management Division
                                               517-335-3172
cc:     Mr. Bryon Mazade, Manager, City of Muskegon
        Mr. Gerald Heyt, DEQ
        Mr. Luis Saldivia, DEQ
        Ms. Holly Sterns, DEQ


                    CONSTITUTION HALL " 626 WEST ALLEGAN STRl:ieT • P.O.     eox 30469 • LANSINO, MICHIGAN •8909-7ij58
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                                     AGENDA ITEM NO.   ~oo 3- I<? f)
                                CITY COMMISSION MEETING      2/25/03


TO:             Honorable Mayor and City Commissioners

FROM:           Bryon L. Mazade, City Manager

                February 18, 2003

RE:             Former Mall Parking Lot Environmental Assessment


SUMMARY OF REQUEST:

To approve the hiring of ERM to do the Phase II environmental assessment for the former
Muskegon Mall parking lots.



FINANCIAL IMPACT:

$18,500



BUDGET ACTION REQUIRED:

A budget amendment will be required.



STAFF RECOMMENDATION:

To approve the agreement with ERM.



COMMITTEE RECOMMENDATION:

None.




O:COMMONIDEPTMENT\ADMINIAGNDAFRM
JMS - 0 : (MALL PARKING-ENVIRON ASSMT)
02/14/03    16:31 FAX 616 399 3777         ENV. RESOURCES MGMT.                              ~002


                                                                                 Environmental
                                                                                 Resources
                                                                                 Management

                                                                                 3352 128'" A venue
                                                                                 Holland, Ml 49424-9263
                                                                                 (616) 399-3500
                                                                                 (616) 399-3777 (fax)


     14 February 2003

     Mr. John Schrier
     Parmenter O'Toole
     175 W. Apple Avenue
     P.O. Box 786
     Muskegon, Michigan 49443

     Re:      Phase I Environmental Site Assessment
              Muskegon Mall Parking Lots
                                                                                 •
                                                                                 ERM,

     Dear Mr. Schrier:

     Environmental Resources Management, Inc. (ERM) completed the
     Phase I Environmental Site Assessment (ESA) tasks in our proposal
     dated 21 October 2002 at the Muskegon Mall Parking Lot site. This FSA
     focused on the parking lots located in the southwestern section of the
  -- mall property. This letter summarizes our findings and
     recommendations for additional assessment.

     OVERVIEW OF PHASE I ENVIRONMENTAL SITE ASSESSMENT

     ERM conducted a site inspection on 29 January 2003 and noted the lots to
     be asphalt-covered with no indication of environmental concerns
     (e.g., UST vent or fill pipes, vaults, pits, ponds, PCB-containing
     equipment, chemical odors, distressed vegetation, waste disposal, or
     storage areas). Snow was present on the ground surface which prevented
     a thorough inspection. A person with extensive historical knowledge of
     the site could not be located for an interview. Ms. Mary O'Connor of the
     Community Foundation referred ERM to Ms. Sara Rooks, former property
     manager. Ms, Rooks indicated she had limited knowledge of the site and
     could not answer questions regarding environmental conditions.

     ERM has identified certain "recognized environmental conditions
     (RECs)," as defined by the ASTM Standard E 1527-00, and has prepared a
     scope and cost estimate to address these RECs. Based upon ERM's
     review of historic aerial photographs, Sanborn Fire Insurance maps, plat
     maps, and tax assessor records, the following RECs have been identified:

     1. A 1950 Sanborn Fire Insurance map identified a filling station east of
           3rd Street and north of former West Western Avenue; three
           underground storage tanks (USTs) and a pump island were noted;
UU 14/US   lo: "1   ~'AX 616 399 3777      ENV. RESOURCES MGMT.                              @ 003



                                                                                   Environmental
     Mr. John Schrier                                                              Resources
     Page 2                                                                        Management
     02/14/03




     2. A 1950 Sanborn Fire Insurance map identified a filling and greasing
        station west of the West Clay Avenue and 2nd Street intersection; two
        USTs were noted;

     3. A 1950 Sanborn Fire Insurance map identified a Consumers Power
        Storage and Automotive building south of Morris Avenue and east of
        3,d Street;

      4. The 1883 and 1887 Sanborn Fire Insurance maps identified a coal shed
         east of 3,d Street and north of former West Western A venue;

      5. The 1887 Sanborn Fire Insurance map identified a printing and shirt
         fabric laundry business west of former 2nd Street and north of former
         West Western Avenue; and

      6. The 1883 and 1887 Sanborn Fire Insurance maps identified a hotel
         laundry area located north of West Clay Avenue and east of 3rd Street.

      The local fire department was contacted regarding the potential presence
      of USTs on the site and no records were available. Based upon the above
      RECs, ERM recommends the following scope for a Phase II ESA.

      PROPOSED SCOPE OF WORK

      Initially, ERM would conduct a geophysical survey (electromagnetics
      and magnetometry) of suspected UST areas (two filling stations). If
      suspected USTs are identified, ERM would contact you regarding the
      scope of services to perform proper removal of the USTs, and whether to
      continue with the proposed soil borings. If no evidence of USTs is
      located or if it is decided to proceed with the investigation if USTs are
      present, the attached Table 1 summarizes the proposed scope of work.

      A total of fourteen soil borings would be conducted with a geoprobe and
      would extend to the water table (approximately 20 feet below grade).
      Soil samples would be selected for laboratory analysis based upon PID
      screening and visual observation. One soil boring would be conducted
      near the printing and shirt fabric laundry building and one near the hotel
      laundry area. However, lab analysis of soil samples would only be
      conducted if visual and PID screening indicates potential contamination.
      All sampling protocol would be consistent with MDEQ procedures. The
      Phase II investigation will be summarized in a Phase I and II ESA report,
      which will include a sample location map, boring logs, tabulated
      analytical data, and conclusions and recommendations.
UV 14/UJ   1": JZ FAX 616 399 3777         ENV. RESOURCES MGMT.                              @ 004



                                                                                 Environmental
     Mr. John Schrier                                                            Resource&
     Page3                                                                       Management
     02/14/03




     ESTIMATED COST

     Based upon the above scope of services, the estimated probable cost to
     perform the services is $18,500. Only those costs incurred by ERM will
     be charged, but they will not exceed the estimated probable cost without
     your prior written approval.

     To avoid misunderstanding, it should be emphasized that the estimated
     probable cost is a budget estimate, based upon our present knowledge of
     the project, which is believed sufficient to cover the services described
     herein, but no guarantee is made or implied with respect to the actual
     cost of performing the project. The terms and conditions under the
     3 July 2002 ERM/Parmenter O'Toole Master Consulting Agreement will
     govern this project.

     Changes in the scope of work that have a material effect on the budget or
     significantly alter the schedule will be communicated verbally and in
     writing to you for your approval.

     SCHEDULE

     ERM estimates the geophysical survey could be conducted within two
     weeks of receiving authorization to proceed. The soil boring
     investigation and report would be completed within three weeks
     following the results of the geophysical survey.

     To authorize our services as stated in this proposal, please sign and
     return the attached Work Authorization form. Please feel free to contact
     Tom O'Connell at (616) 738-7340 if you have any questions regarding the
     proposed work. . We appreciate the opportunity to be of service to
     Parmenter O'Toole on this project.

     Sincerely,



     Thomas P. O'Connell, P.E.
     Principal-in-Charge

     PMS:rmv /TPO
     Attachment
     cc: File
,02/14/03      16:32 FAX 616 399 3777           ENV. RESOURCES MGMT.                        @005



                                                                                Env'ironrnental
      Mr. John Schrier                                                          Resources
      Page4                                                                     Management
      02/14/03




      WORK AUTHORIZATION


      Title:             Phase II Environmental Site Assessment

      Site:              Muskegon Mall Parking Lots

      Date:              02/14/03


      The above-referenced offer to perform services, as outlined in ERM's
      proposal, is hereby agreed to and accepted. It is further agreed and
      accepted that if a purchase order is issued in connection with this
      authorization, the tenns and conditions as contained and/ or referenced
      in ERM's proposal and/ or contract shall govern unless otherwise
      mutually agreed in writing, and further that any reverse-side purchase
      order terms and conditions are hereby expressly excluded.



      Signature:
      Printed Name:
      Title:
      For:                    Parmenter O'Toole
               -----------"--"'==='-"''-"==----------
      Date:
      Purchase Order Number:
TABLE 1                                                                                                                                                          0

                                                                                                                                                                ,.."''-
                                                                                                                                                                ...'-
                                                                                                                                                                0

 PROPOSED PHASE II ESA SCOPE OF WORK
                                                                                                                                                                "'
                                                                                                                                                               ,..
 City of Muskegon                                                                                                                                              "'
 Muskegon Mall Parking Lots
 Muskegon, Michigan                                                                                                                                            "'"'
                                                                                                                                                              i
                                                                                                                                                              ,.."'
             Recognized Environmental Condition            No. Borings    BTEXffMBs          Lead         PAHs         Metals'        voes'                   "'
      1     Filling Station USTs'                               4                                                                                             "'"'
                                                                                                                                                              "'
            soil samples                                                        4              4                                                              ....,
                                                                                                                                                              "'
                                                                                                                                                              ....,
            croundwater samples                                                 2              2                                                              ....,
      2     Filling and Greasing Station'                       4
            soil samples                                                        4              4
            groundwater samples                                                 2              2
      2     Consumers Power Storage/Auto Bldg                   2
            soil samples                                                                                    2                              2
                                                                                                                                                             "'
                                                                                                                                                             :z
                                                                                                                                                             -<
            groundwater samples                                                                             1                              1
       3    Coal Shed                                           2
                                                                                                                                                             "'"'
                                                                                                                                                          C
                                                                                                                                                          C:
                                                                                                                                                             "'
            soil samples                                                                                    2              2
            irroundwater samples                                                                                                                          "'
                                                                                                                                                          Cl


      4     Printing & Shirt Fab. Laundry Bldg•                 1
                                                                                                                                                          "
                                                                                                                                                          er.


            soil samples                                                                                                                                  ""'
                                                                                                                                                          ~
            groundwater samples
       5    Hotel Laundry Area'                                 1
            soil samples
            groundwater samples

            TOTALS                                              14              12            12             5             2               3



 Notes:
 1.   Michigan 10 metals
 2.   voes include EPA 8260 Scan
 3.   A Geophysical Reconnaissance Survey will be conducted in this area.                                                                                I§
                                                                                                                                                         C
 4.   Will only conduct visual inspection of the soils, analysis of a soil sample will be conducted if visual contamination is observed.                 C
                                                                                                                                                 ERM     "
                                                                                                                                               2/14/03
 02/14/03         16:32 FAX 616 399 3777
                                                                                                    ENV. RESOURCES MGMT .
                                                                                                                                                                                                                     141007

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                               AGENDA ITEM NO.   oloo 3    - t~     rn)
                           CITY COMMISSION MEETING        2/25/03


TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        February 19, 2003

RE:          Appointment to the Muskegon Housing Commission


SUMMARY OF REQUEST:

To reappoint Maxine Lenear to the Muskegon Housing Commission. The term will expire
January 31, 2008.



FINANCIAL IMPACT:

None.



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

To approve the appointment.



COMMITTEE RECOMMENDATION:




O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (HOUSING COM APPT)
    JAN·l 6·200! 12: 46P~     FROIHIHC                                                           2311129503                  T-319     P 001/001      F·79T


                                                                   ~~~'<KEGQN
                                                                 J A L N }PLICATION

              Please Typt> er PriM, Application• wlll be kept ()II       fflli   1br one y,,ar. All applicants oubjecl to a b<tCirgrcund <:Mek,



              NAME:     {IJ s\)( ~ ~~                 ~& tJ & <3 f<
              HoMeAooREss. :                      &l & w ~v'.c,
                                              (Street, City, stole, ip)

              HOME PHONE#;~            3 l J&l.$- 9Q L{ /




              INTEREST IN SERVING: _ _ _ _ _ _ _ _ _ _~ - - - - - - - - - - - - - - -



              PERSONAL REFERENCES:             (:::e the ti:;t       name and phone numbers of three porsonal ref..-et1ees)             _         ~

              1.     rv),;;,e:ov
                               • (Name)
                                               nimet                                                           -11J-3lfj_.5
                                                                                                                (Phone Numbor)

             2.     6 !a ,uche:~ \ )fl'(t'-th
                                    (Name)          ()           (
                                                                                                              7:Z /., - .2b 26
                                                                                                                 (Phone Number)
             3,     Ch.:a R IE:-6                   L6 ()
                                    ( N o m e } h o n e Number)
                                                                     £                                      7-- ;   3 r./:2 /'3

             PLEASE INDICATE BOARDS/COMMISSIONS/COMMITTEES INTERESTED IN SERVING ON - MARKING #1 AS
             YOUR FIRST PREF!:RENCE:

             ( ) Board of Canvasser.1                                                      \ ) Housing C!Xle Board of Appeals
              ( ) Board ot Review                                                        L j I.) Housing CcmmIssion
             ( ) Cemetety Committee                                                         ( ) lmoge Committee        · -. __ _)
             (~Citizen'$ Police Rovi<W Board                                               ( ) Income lax Board of Review
             ( ) City Employee, Pension Boord                                              ( ) Land Reutlltzatlon Comminae
             ( ) Civil Service Commission                                                  ( ) Leisure SQrvlc"' Board
             (31 CO0G-Citizen's District Council                                           ( ) Loan Fund Nw-•rxy Commillae
             ( ) Conslnl<tian Board of Appeal•                                             ( ) Local Develop. Finance Authorify
             ( ) Diotrict Libn,ry eoard                                                    ( ) Local Officefs Compensation Com.
             ( ) Do>;.ntown Development Authorily/0rcwnfield Board                         ( ) Planning Commi••ion
             ( ) Election commi..lon                                                       ( ) Police/Fireman's Pension Board
             ( ) Er,terprioe Community Citizen Council                                     ( ) PIJblic Rolations Commi!tee
             ( ) aqua1 Opportunity Committee                                               ( ))Olhel:,
                                                                                                Zoning_ Board
                                                                                                          __   of Appeals
                                                                                                                   _ _ _ _ _ __
             ( ) Historic District Cammi,sion
             ( ) Hospital Flnence Authority

             • Al!aeh Addttional Sheers er Resume if Desired.

             Return this fnrm tc;            City Clerk's Office, 933 Terroce st., P.O. 80> 536, Muskegon, Ml 49443-0536



                                                                                                                            RECEIVED
                                                                         RECEIVED
1                                                                                                                           JAN 21 2003
                                                                                   JAN 2 4 2003
                                                                                                                           City Clerks ottice
                                                                               MUSKEGON
                                                                         CITY MANAGER'S OFFICE
Date:     02/18/03
To:       Honorable Mayor and City Commission
From:     Brett Kraley, Equipment Supervisor DPW
RE:       Budgeted Vehicle Replacement




SUMMARY OF REQUEST: Approval to purchase four Ford F-250 Trucks from
Tony Betten & Sons Ford.



FINANCIAL IMPACT: Total Cost $68,893.92



BUDGET ACTION REQUIRED: None. There is $80,000.00 Budgeted for this
purchase.



STAFF RECOMMENDATION: Approve the purchase of four Ford F-250
Trucks from Tony Betten & Sons Ford.
Memorandum
To:     Robert Kuhn
From: Brett Kraley
Date: 02/19/03
Re:     Work Truck Replacement



   The Equipment Division has scheduled the replacement of four Water and Sewer
Department trucks for this year. These vehicles are used for a variety of activities
including water meter setting, Miss Dig staking and general construction work. The
trucks that will be coming out of service as a result of this purchase are two 1988
and two 1991 GMC trucks.

    I have requested prices from area dealers as well as the statewide purchasing
contracts. The bids were very close with only a few hundred dollars separating the
three lowest bidders. Attached is a summary of the bids.

    In accordance with established purchasing policy, I am requesting permission to
purchase four 2003 Ford F-250 trucks from Tony Betten & Sons Ford.




                                                                                       1
                                      Equipment Purchase - 2003

                     Mil!.Qmb CQUD~ G~ill LillS!'Ui E!2lll           Dii!.Q:lll[)'. E!2lll         IQD)! 61tt10
                     Jl!!l2 W, LilDliiDg 2!16!! E. Appl1 A:lll       aoo1 CQlb)! Sl            asal! elaiDfilld !':!IE
                                         IH,   -
T)!pl Qf V1bi!i.ll    e1r[)! Mi !l88Z2               M; 4944     WIJillllilll Mi,!ll!!l61    GCilod BilPidl:i Mi !ll!~2~

2003 Ford F-250            $17,499.00              $17,306.48                 $20,295.48                   $17,223.48



Delivery             $          120.00    $               -      $                      -    $                      -
Total Cost                 $17,619.00              $17,306.48                 $20,295.48                   $17,223.48
                                                     ~oo ~ - ~o-(a.)

                Commission Meeting Date: February 25, 2003




Date:          February 1 0, 2003
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development               e_,{6e,,,,
RE:            Public Hearing - Request to Issue an Obsolete Property
               Certificate - Neighborhood Investment Corporation


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Neighborhood
Investment Corporation, Terrace Plaza Ste. 625, 316 Morris Street, Muskegon,
Michigan, has requested the issuance of an Obsolete Property Certificate for the
property located at 1115-1119 Third Street (former Walt Plant Appliances), Muskegon,
Ml. The Obsolete Property District was established October 9, 2002. Total capital
investment for this project is $450,000. The project will result in the creation of 15
construction jobs, but more importantly, the rehabilitation and revitalization of a historic
building. The plans for the building also include five,'•i-3- bedroom apartments on the
second floor, in addition to the office space on the first floor.

FINANCIAL IMPACT:

If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution issuing an Obsolete Property District for 1115 -
1119 Third Street, Muskegon, Ml for a term of 6 years.

COMMITTEE RECOMMENDATION:

None




2/10/03
  M1ch1gan Department of Treasury, STC
  3674 (8-00)

  APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE
  This form is issued as provided by P.A. 146 of 2000. Filing of this form is voluntary. This application should be filed after the district is
  established. This project will not receive tax benefits until approved by the State Tax Commission.
  INSTRUCTIONS:                    File the original and one copy of this form and the required attachments with the clerk of the local government unit. {The State Tax
                                   Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see
                                   State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption.

    TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT                                                                                                  THIS SECTION FOR USE BY THE STATE TAX COMMISSION
    UNIT. Clerk must also complete sections14. 15 and 17 on page 2.
   Signature                                                                                                                                     Application No.


   Dale This AppI1cat1on Was Received                                                                                                             Dale Received


    TO BE COMPLETED BY APPLICANT                                                            (Annlicant, do not write above this line. Beain entries at 1a below.
   1a. Applicant (Company) Name {Applicant must be the OWNER of the facility)
                                                                                                                                                       Important Note:
          J\T.-..i rrh'h,....,       •          _,      Inv,:::,,c:f-m,....""lf-                 I                              '"l   +-; ........     If this application form (3674) is not fully completed, it will be
     b. Compar,y Mailing Address (Ne. and Street. P.O. Box, Ci.y, Stale, ZIP)                                                                          returned by the Property Tax Division prior to any processing

          "'               - --      D l .,,.   t"7"'                          t::'JC:.    'l1t::             .....                                     being done by the State Tax Commission
                                           g' g~                                                                                        Ai 1
                                                          ..... .1..,....,.

     c. Location of Obsolete Facility (No. and Street, City, State, ZIP)                                                                               d. CityrTwp.Nillage                                            e. County
                                         4
          111 5 111 9 Third Street.Muskeaon.                                                                                                                               .. ',.                                     Muskeao
     2. Date of Commencement of Rehabditation                                 13. Planned Dale of Completion of Rehabilitation                                    4. School Distnct vvnere Facility 1s Located        a. School Code

          3/1103                                                                          8/1 /01                                                                   ""••c,,1-----
     5. Estimated Cost of Rehabilitation                                                                                                                         6. How Many Years of Exemption Requested?
          <td~n nnn
     7. Proiect will have the reasonable likelihood to: (Check one or more)                                                                                                        "
                                                                                                                                                        8. Legal Description of Obsolete Property


   ~
         increase commercial activity
         create employment                                                                                                                             Lot 1 and the West 1/2 half
   6a    retain employment                                                                                                                            of Lot 2,Block 367, Revised
   D     prevent a loss of employment                                                                                                                 Plat of the City Of Muskegon,
   ~
         revitalize urban areas
         increase the number of residents in the community
                                                                                                                                                      as recorded in Liber 3, Page 71 ,
         In which the facility is situated                                                                                                            Muskegon County Records
    7a. Indicate the number of jobs to be retained or created as a result of rehabilitating the
         facility, including expected constf'l.lction employment:                                .      ~



      9. The following must be provided to the local governmental unit as attachments lo this application:
      (a) General description of the obsolete facility, {b} General description of the proposed use of the rehabilitated facility, {c) Description of the general
      nature and extent of the rehabilitation to be undertaken, {d) A descriptive list of the fixed building equipment that will be a part of the rehabilitated
      f~ei~e~tfhl-j~e schedule for undertaking and completing lhe rehabilitation of the facility, (f) A statement of the economic advantages expected from


     10. The State Treasurer may exclude from the specific tax up to 1/2 of the mills levied for local school operating purposes and for the State Education
          Tax. Please check the following box if you wish to be considered for this exclusion:
                                                                                                                                                                     lvl
      11. APPLICANrs CERTIFICATION

     The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained
     herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is
     being submitted. Further, the undersigned is aware that, if any statement or information which it provides is untrue, the exemption provided by P.A.
     146 of 2000 may be in jeopardy.

     The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as
     defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the
     exemption certificate.

     It is further certified that the undersigned is familiar with the provisions of P.A. 146 of 2000, of the Michigan Compiled Laws: and to the best of his/her
     knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the
     application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax
     Commission.

    12. Name of Person to Contact for Further Information                                                             I Tille                                                                                  ITelephone Number
         .T;anp                 f'l i nm'l;,n             "~~+-<-                                                                            ,,-; n o           rH        rPl"'f-~r                             (2311        7?7 nRno
   .-.•-•'---   A   ..l-1•---
                                                                                                                                                                      .
                                                                                                                                                                                                                         -
   Terrace Plaza,Ste 625, 3)6 Morris                                                                                                                 Muskegon MI 49440
                                                                                                                                                                                                               I
    13'."T'ype Name of Company Officer

   f,9,tlJre Clingman-Scot1;--
                                                                                 -__: __ -.J            ·--_-__.,
                                                                                                                        Tille.        •t:;i,,.,....,....,,f-i -,,-,....    ni ..,..,....,....j...,...,...
                                                                                                                                                                                      I   Date
                                                                                                                                                                                                                Telephone Number
                                                                                                                                                                                                                t   711 I 7?7 nRna
                             ; .... ,
  ._~-~-"_•_;:~:-;-··•·c;,,·-t/~         L           L ...--•",                 .·v c,A'·  ·J,
                                                                                                     't:..>                                                                                            }--   ~l-(·1   :7,
*Inf6rmation contained in this application and supporting documentation may
 be'• lst.J:i~t;;~t' bY review by the public if a Freedom of Information Request is
3674 (page 2)
LOCAL GOVERNMENT ACTION

This section is to be completed by the clerk of the local governing unit before submitting the application to the
State Tax Commission. Include a copy of the resolution which approves the application.
14. Action Taken


 D Date of Action:                                                                0       EXEMPTION APPROVED FOR                                              Years


 •    DISAPPROVED
                                                                                          Ending December 31,                                  (not to exceed 12 years)


15. RESOLUTION MUST CONTAIN THE FOLLOWING.                                               A copy of the resolution must be furnished to the State Tax Commission.

 •    A statement that the local unit is a Qualified Local Govemmenta! Unit.                  0   A statement that all of the items descnbed on J1ne 9 of the Application for

 •    A statement that the Obsolete Property Rehabilitation District was legally
      establ!shed mciuding lhe date established and the date of heanng as
                                                                                                  Obsolete Property Rehabilitation Exemption Certificate have been provided to
                                                                                                  lhe Qualified Local Governmental Unit by the applicant.
      prov1ded by section 3 of P.A. 146 of 2000.
                                                                                             •    A statement that the commencement of the rehabilitation of the facility did not

 •    A statement indicating whether the taxable value of the property proposed
      to be exempt plus the aggregate taxable value of property already exempt
                                                                                                  occur before the establishment of the Obsolete Property Rehab1lllat1on
                                                                                                  District.
      under P.A. 146 of 2000 and under P.A. 198 of 1974 (!FT's) exceeds 5% of
      lhe total taxable value of the unit.
                                                                                              •   A statement that the application relates to a rehabilitation program that when
                                                                                                  completed constitules a rehabilitated facility within the meaning of P.A. 146 of

 •    If ii exceeds 5% (see above), a statement that exceeding 5% wiU not have
      the effect of substantially impeding the operating of the Qualified Local
                                                                                                  2000 and that is situated within an Obsolete Property Rehabilitation District
                                                                                                  established in a Qualified Local Governmental Unit elig1ble under PA 146 or
      Governmental Unit or of impairing the financial soundness of an affected                    2000 to establish such a district.
      taxing unit.
                                                                                              •   A statement that completion of the rehabilitated facility is calculated lo, and

 •    A statement that the application was approved at a public hearing as
      provided by section 4(2) of P.A. 146 of 2000 including the date of the
                                                                                                  will at the time of issuance of the certificate, have the reasonable likelihood
                                                                                                  to, increase commercial activity, create employment, retain emp!oymen!,
      hearing.                                                                                    prevent a loss of employment, revitalize urban areas, or increase the number

 •    A statement that the applicant is not delinquent in any taxes related to the
      facility.
                                                                                                  of residents in the community in which the facility 1s situated. The statement
                                                                                                  should indicate which of these the rehabilitation 1s likely to result in,

 •    A slatement of the factors, critena and objectives, if any, necessary for
      extending the exemption. when the certificate is for less lhan 12 years,
                                                                                              •   A statement that the rehabilitation includes Improvements aggregating 10%
                                                                                                  or more of the true cash value of the property at commencement of the

 •    A statement !hat the application is for obsolete property as defined in                     rehabilitation as provided by section 2(1) of P.A, 146 of 2000.
      section 2(h) of Public Acl 146 of 2000.
                                                                                              •   A statement of !he penod of time authorized by the Qualified Local
                                                                                                  Governmental Unit for comp!et1on of the rehabilitation.


 16. ASSESSOR:                                                                                     Taxable Value                         State Equalized Value (SEV)

       Current Taxable                                                           Land
       Value and State                                                   Buildings
       Equalized Value of
                                                   Buildings on Leased Land
       obsolete properties
       broken down for:                             Other Personal Property
                                                                 Year of Values
 17. Name of Local Government Body                                                                                                         I Date of Action on This Application



CLERK'S CERTIFICATION
The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way.
Further, the undersigned is aware that if any information provided is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy.

 Signature of Clerk                                                                               Date                                       Telephone Number
                                                                                                                                               I          I
 Clerk's Mailmg Address                                                                           City                                         ZIP Code


  Applications received after October 31 may not be acted upon in the current year.
  This application is subject to audit by the State Tax Commission .
                                                                                     .
  Mail completed Application and copy of Resolution to:
       State Tax Commission
       Michigan Department of Treasury
       P .0. Box 30471
       Lansing, Michigan 48909-7971
   If you have any questions, please call (517) 373-2408 or 373-3302.
PROPOSAL
Neighborhood Investment Corporation is proposing to purchase and rehabilitate a building on
Third St. and Houston Ave. for a mixed use of residential and office space. The first floor of the
building would have three offices of 1,100 square feet each to be used by Neighborhood
Investment Corporation and two other nonprofit tenants. The second floor would have five one
and two bedroom apartments.

The office space was originally used as the retail sales area for Walt Plant Appliances. It is
divided into three stalls of approximately 60' deep by 20' wide. There are very high ceilings and
plenty of natural light from the street side windows. The space could easily be adapted to three
office spaces by installing internal doors to separate areas, creating unisex handicapped
accessible bathrooms in each space, and upgrading the heating, plumbing, electrical and cable
systems.

There are five apartments in the second story of the building; two have 2 bedrooms and three are
one bedroom. They are in very good condition with the exception of antiquated or missing
bathroom and kitchen facilities.

The fayade of the building is the original brown brick with large display windows. It has a
number of signs which will be removed and the surface restored. We will retain the display
windows but replace the existing glass and security bars with high quality tempered glass. The
rear of the building is an unimproved parking lot; this will be paved and marked. We are
currently working with Hooker,DeJong to design office space which will be efficient for the
users and enhance the streetscape.


IMPACT
The Third Street Commercial Corridor has been seriously deteriorating over the past fifteen
years. Once a thriving retail center with a car dealership, appliance stores and a grocery, the area
now has a scattering of retail such as a costume shop, seamstress and convenience grocery.
Third Street between Muskegon Avenue and Merril Street is lined on the west side with 1900 era
retail buildings with apartments on the second story. At least two of the buildings still are used
as low income rentals. The condition of the buildings is marginal and there is not strong interest
in the area for retail development. The strongest recent development has been the Mid Town
Building which was recently purchased by Catholic Social Services.

Third Street is important to downtown development because it forms a southern spur to the
central district and it is important to the North Nelson residential area as it is the eastern
boundary and major traffic carrier for the neighborhood. At its southwesterly end is the First
Congregational Church property which is a beautifully maintained institution.

The building Neighborhood Investment Corporation is proposing to develop is the former Walt
Plant Appliance store. It is a landmark building on the Third Street commercial corridor and its
renovation would have a dramatic impact on the revitalization of that area. It is one block east of
Nelson Place and directly across the street from the Mid Town Building. The renovation of this
empty building would reinforce and extend these recent neighborhood investments. It would
bring three new organizations into the district creating a solid block of office activity and new
residential opportunities.
This building renovation would have a dramatic impact in the revitalizing of a deteriorating
commercial corridor adjacent to downtown, provide affordable office space for non profit
organizations and create new housing opportunities for the downtown neighborhood.

On the basis of this project, Neighborhood Investment Corporation has been invited to
participate in the LISC/ Neighborhood Main Street Initiative as one of five sites in Michigan.
Main Street is a commercial redevelopment program based on a four point approach;
• Design - Enhancing the physical appearance of the commercial district by rehabilitating
    historic buildings, encouraging supportive new construction, developing sensitive design
    management systems, and long-term planning.
• Organization - Building consensus and cooperation among the many groups and individuals
    who have a role in the revitalization process.
• Marketing/Promotion - marketing the traditional commercial district's assets to customers,
    potential investors, new businesses, local citizens and visitors.
• Economic Restructuring - Strengthening the district's existing economic base while finding
    ways to expand it to meet new opportunities and challenges from outlying development.

LISC and the Muskegon Arts and Entertainment District Committee will fund a staff position for
Neighborhood Investment Corporation for two years to implement the program. The staff person
will work with the community to assess current conditions, develop a revitalization strategy, and
implement that strategy by securing resources from national and local source.


TIMEFRAME
The Neighborhood Investment Corporation purchased the building on January 29, 2003 and is
ready to begin the building rehabilitation. We will begin the building and site clean up
immediately. Buck Construction will schedule rehabilitation activities as soon as permits are
approved. We anticipate a three to four month construction period.

EXEMPTION CERTIFICATE
The economic feasibility of this project is based on the receipt of the Obsolete Property
exemption certificate. We would not undertake the rehabilitation of the property without the
receipt of the certificate.
                                CITY OF MUSKEGON
                            MUSKEGON COUNTY, MICHIGAN

                                 RESOLUTION NO. -2-0-0-3.-2 o ( a )


A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by Neighborhood Investment Corporation.

The City Commission of the City of Muskegon hereby RESOLVES:

                                            Recitals

A.    The City Commission has received an Application for an Obsolete Property
      Rehabilitation Exemption Certificate from Neighborhood Investment Corporation, to
      apply to the improvements located in an Obsolete Property Rehabilitation District
      established by previous resolution.

B.    The City of Muskegon is a qualified local governmental unit as determined by STC
      Bulletin No. 9 of 2000, dated July 12, 2000.

C.    An Obsolete Property Rehabilitation District in which the application prope1ty is located
      was established after hearing on October 9, 2002, being the same date that the district
      was established.

D.    The taxable value of the property proposed to be exempt, plus the aggregate taxable value
      of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does
      not exceed five percent (5%) of the total taxable value of the City of Muskegon.

E.    In the event it is determined that the said taxable values do exceed five percent (5%), the
      City Commission determines further that the said excedence will not have the effect of
      substantially impeding the operation of the City of Muskegon or impairing the financial
      soundness of any affected taxing units.

F.    This resolution of approval is considered by the City Commission on February 25, 2003,
      after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was
      held on this date.

G.    The applicant, Neighborhood Investment Corporation, is not delinquent any taxes related
      to the facility.

H.    The exemption to be granted by this resolution is for six (6) years.

I.    The City Commission finds that the prope1ty for which the Obsolete Property
      Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of
      Section 2(h) of Public Act 146 of 2000 in that the property, which is commercial, is
      functionally obsolete. The City has received from the applicant all the items required by
      Section 9 of the application form, being the general description of the obsolete facility, a
      general description of the proposed use, a description of the general nature and extent of
      the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
        be part of the rehabilitated facility, a time schedule for undertaking and complete the
        rehabilitation, and statement of the economic advantages expected from the exemption.

J.      Commencement of the rehabilitation has not occurred before the establishment of the
        district.

K.      The application relates to a rehabilitation program that when completed will constitute a
        rehabilitated within the meaning of PA 146 of2000 and will be situated within the
        Obsolete Prope1ty Rehabilitation District established by the City under PA 146 of 2000.

L.      Completion of the rehabilitated facility is calculated to and will, at the time of the
        issuance of the Certificate, have the reasonable likelihood to increase commercial activity
        and create employment; it will revitalize an urban area. The rehabilitation will include
        improvements aggregating more than ten percent (10%) of the true cash value of the
        prope1ty at the commencement of the rehabilitation.

M.      The City Commission determines that the applicant shall have twelve (12) months to
        complete the rehabilitation. It shall be completed by February 25, 2004, or one year after
        the Ce1tificate is issued, whichever occurs later.

N.      That notice pursuant to statute has been timely given to the applicant, the assessor for the
        City of Muskegon, representatives of the affected taxing units and the general public.


        NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

1.      Based upon the statements set fo1th in, and incorporating the recitals to this resolution,
        the City Commission hereby approves the application filed by Neighborhood Investment
        Corporation, for an Obsolete Property Rehabilitation Exemption Certificate, to be
        effective for a period of six (6) years;

2.      BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set
        fmth at LOT 1 AND THE WEST½ OF LOT 2, BLOCK 367, REVISED PLAT OF THE
        CIT OF MUSKEGON , the legal description containing the facilities to be improved;

3.      BE IT FURTHER RESOLVED, that, as fmther condition of this approval, the applicant
        shall comply with the representations and conditions set fo1th in the recitals above and in
        the application material submitted to the City.

This resolution passed.

Ayes:

Nays:     0




                                                 2
                                       CERTIFICATE

This resolution was adopted at a meeting of the City Commission held on Febrnary 25, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                  CITY OF MUSKEGO~ )

                                                  By     ~ Q_          t(__~
                                                  Gail A. Kundinger, City Clerk




                                              3
Date:          February 25, 2003
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Public Hearing
               Create Special Assessment District for:
              Terrace St., Iona to Peck




SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Terrace St. Iona to
Peck project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

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



COMMITTEE RECOMMENDATION:
                                     CITY OF MUSKEGON

                                   Resolution No. 2 oo 3 - 2 o      ( b)

                Resolution At First Hearing Creating Special Assessment District
                                 For Terrace St. Iona to Peck
                     Location and Description of Properties to be Assessed:
                            See Exhibit A attached to this resolution


 RECITALS:

 I.   A hearing has been held on February 25, 2003 at 5 :30 o'clock p.m. at the City
      Commission Chambers. Notice was given by mail and publication as required by
      law.

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

3.    At the hearing held February 25, 2003, there were 2 s . 2 % objections by the owners of
      the property in the district registered at the hearing either in writing received before or at
      the hearing or by owners or agents present at the hearing, and the Commission has
      considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOLVED:

1.    The City Commission hereby declares a special ossessment 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
       th.at approximately 23.12% 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, Warminton, Buie, Gawron, Larson, Schweifler, Shepherd


       Nays    None



                                                            CITY OF MUSKEGON



                                                           By    ~gin~ ~
                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on February 25, 2003.
The meeting was properly held and noticed pursuant to t'1c Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON



                                                           Gail A. Kundinger, Clerk
                           EXHIBIT A



                Terrace, Iona to Peck

             SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Terrace from Iona to Peck
                       (see Attached Map)
                      AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON )

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                         Terrace, Iona to Peck

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 14TH DAY Oz :RUARY,2003.

                                      ~0-
                                     GAIL A. KUNDINGER, C~
                                                             .   K


SUBSCRIBED AND SWORN TO BEFORE ME THIS
  f /'t.Y DAY OF 7/Jo F G A      , 2003 .

~ ;?{)              ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES  'j -;10-~o 6
Potter, Linda.
From:                         AI-Shatel, Mohammed
Sent:                         Wednesday, February 26, 2003 10:12 AM
To:                           Potter, Linda
Subject:                      Terrace & Davis Projects


The percentages against are:

•   Davis .......... 32.38%
•   Terrace ........ 28.2%




                                                          1
                           ENGINEERING FEASIBILITY STUDY

                                               For

                              TERRACE STREET, IONA PECK


The reconstruction of terrace street between Iona & Peck, see attached location map, was
initiated by the City due to the conditions of the pavement and underground utilities. The
existing pavement has deteriorated to a level where, we believe, a total reconstruction is
necessary to optimize the use of street funds, this section of road has a Pavement Condition
Index of 25. The improvements being proposed, reconstruction, consist of following;

1. Complete removal of existing pavement, including what's left of the curbs & gutters and
   replace with a new street section that would include curb & gutter of the same width
2. Replace the existing sanitary sewer main along with services
3. Replace existing watermain along with water services

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 $336,000
(total estimated cost, including water & sewer, is $690,000) with the length of the project being
approximately 1500 lineal feet or 2188 of assessable footage. This translates into an estimated
improvement cost of$154 per assessable feet. The assessment figure will be at a cost not to
exceed $35.50 per assessable foot as established in the 2003 Special Assessment for this type of
improvement.
• MUSKEGON COUNTY
                                                                   173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
                                                                                                               (231) 724-6386
.M                        CH                  GAN                                                         FAX (231) 724-1129

                                                                                          EQUALIZATION DEPARTMENT


•     BOARD OF COMMISSIONERS

      Kenneth J. Hulka, Chair




  '
      Bill Gill, Vice Chair
      Paul Baade
      Douglas Bennett
      Nancy G. Frye




  '
      James J. Kobza
      Louis McMurray
      Tony Moulatsiotis                                                Febn1ary 11, 2003
      Clarence Siar!   Mohammed Al-Shatel, City Engineer


  '                    933 Terrace Street
                       Muskegon,MI49443


 '                     Mr. Al-Shatel:



 'I                    In accordance with your request, I have examined the proposed special
                       assessment district entailing the reconstrnction of Terrace Street located between
                       Iona Avenue and Peck 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 subject to the normal governmental restrictions of


'I                     escheat, taxation, police power and eminent domain. The effective date is
                       Febn1ary 11, 2003.
                   In conclusion, it is my opinion that the special assessment amounts justly and
                   reasonably represents the accrned benefits to the properties encompassed by this

I                  project. The amounts reflect the sum of the immediate estimated value
                   enhancement and the intrinsic value that will accrue from an overall increase in
                   property values due to an improved quality of life created by the proposed
I                  project. As previously presented, the proposed special assessment district
                   encompasses a mixture of properties, but the front foot rate of$ 35.50 appears
I                  reasonable in light of our analysis that indicates a probable enhancement of
                   $39.77. The conclusions are based upon the data presented within this limited
                   analysis in restricted fonnat, and on supporting information in my files.
I
                   Sincerely,
I
           ~ttV\
                   Dan VanderKooi, CMAE 4
                   Senior Appraiser


                                        TDD (231) 722-4103 • An EEO I ADA/ AA Employer
FEBRUARY 14, 2003




OWNERS NAME
OWNERS ADDRESS
WHITEHALL, Ml 49461 3


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:

                         TERRACE. IONA TO PECK
The proposed special assessment district will be located as follows:

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

                                 Public Hearings

An initial public hearing to consider the creation of a special assessment district
will be held at the City of Muskegon City Commission Chambers on FEBRUARY
25.2003 at 5:30 P.M. You are encouraged to appear at this hearing. either in
person. by agent or in writing to express your opinion, approval. or objection
concerning the proposed special assessment. We are enclosing a Hearing
Response Card for you to indicate your agreement or opposition to the special
assessment. This card includes the property identification and description,
assessable footage per City policy, and the estimated cost of the assessment.
You may also appear. as above, in lieu of, or in addition to mailing your response
card to the City Clerk. Written objections or appearances must be made at or
prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE
CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU
TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED
FOR THE SPECIAL ASSESSMENT.
  A second public hearing will be held, if the district is created, to confirm the special
  assessment roll after the project is completed. You will be mailed a separate notice for
  the second hearing. At this second hearing the special assessment costs will be spread
  on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
  HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
  PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
  ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
  THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
  WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
  UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
  CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
  BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
  TRIBUNAL WILL BE LOST.

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

                                       Estimated Costs

  The total estimated cost of the street portion of the project is $336,000.00 of which
  approximately 23.12% ($77,677.55) 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 AM. to 5:00 P.M. Monday through Friday
  except holidays.

  Sincerely,



/;ll/4 1/4~~~/_ cl~ii{
  Mohammed AI-Shatel, P.E.
  City Engineer
                       Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I.  Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

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

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

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

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

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

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

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

     •   Be a citizen of the U.S.

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

     •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                                                 CITY OF MUSKEGON
                                                                    STREET H-1559
                                                               TERRACE, IONA TO PECK
                                                 CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
                             .                   .                                                                                                                   ·.
<                .·                  .                            .                                           HOUSEHOLD INFORMATION . .                                                        .


    Name:                                                                                                                  Birthdate:                         Social Security # _ _-_ _-_ _
    Spouse:                                                                                                                Birthdate:                         Social Security # _ _-_ _-_ _
    Address:                                                                                                        Phone:                                                Race:
    Parcel#                                                                                                                        Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
    (Please refer to your assessment letter for this information)
    Number Living in Household:                                                                               List information for household members besides owner/spouse here.
    Name                                                                                                                   Birthdate                           Social Security# _ _-_ _-_ _
    Name                                                                                                                   Birthdate                           Social Security # _ _-_ _-_ _
    Name                                                                                                                   Birthdate                           Social Security # _ _-_ _-_ _
    Name                                                                                                                   Birth date                          Social Security # _ _-_ _-_ _
                                                     .           ·.        ...   ·.                                    .       .                      .         ..         .·•

                      •                                  .                 .                                      INCOME INFORMATION                                                                    .




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

                                                                                                                                            Wage earner:

                                                                                                                                             Wage earner:

                                                                                                        Total:     $
    •   ...                                                                                                                                               .

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


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

    Homeowner's Insurance Co:                                                                                                               Expiration Date:

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


                                                             .                                  .                 OWNER'S SIGNATURE                                                                .·
                                 •

    Owner's Signature:                                                                             Date:
    By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
    that all information in this application, and all information furnished in support of this application, is true and complete to the
    best of the Applicant/Owner's knowledge and belief. The propetiy owner's signature will be required prior to the application
    being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
                                             .    ·.
            .·                                    .                                         .                  . FOR OFFICE USE ONLY .
APPROVED ( )                                 DENIED ( )                                         DATE                               CENSUS TRACT NO.

    SIGNATURE                                                                                                                      TITLE

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


                                                                                                                CITY OF MUSKEGON
                                                                                                              TERRACE, IONA TO PECK
                                 SPECIAL ASSESSMENT
                            HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                     Return This Card By FEBRUARY 25,2003
    Project Title:         TERRACE, IONA TO PECK
    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:                      189         Feet

   Estimated Front Foot Cost:                 $35.50      per Foot

   ESTIMATED TOTAL COST                      $6,709.50
   Property Description
   CITY OF MUSKEGON
   REVISEO PLAT OF 1903
   BLK 221 LOTS 1· 5 &
   LOTS 12 & 13


                                      Your vote COUNTS!




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


          I AM IN FAVOR                                          I AM OPPOSED

Owner

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

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

PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon
City Commission for the following projects:

                                             Terrace St., Iona to Peck
                                                        and
                                     Davis St., Laketon Ave. to Southern Ave.

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

                   •  All parcels abutting Terrace St. from Iona St. to Peck St.
                                                and
         •    All parcels abutting Davis St. from Laketon Avenue to Southern Avenue

It is proposed that a percentage of the cost of the improvement will be paid through special assessments.
Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may
be examined during regular business hours at the Engineering Department between 8:00 A.M. and 5:00
P.M. on weekdays, except holidays.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON
FEBRUARY 25, 2003 AT 5:30 O'CLOCK P.M.

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

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


PUBLISH:         February 15, 2003                           Gail Kundinger, City Clerk

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

                                      Gail A. Kundinger, City Clerk
                                 933 Terrace Street, Muskegon, MI 49440
                                 (231) 724-6705 or TDD (23 ! ) 724-6773
                       SPECIAL ASSESSMENT                                        H 1559

RECONSTRUCTION                         HEARING DATE        FEBRUARY 25,2003

                          TERRACE, IONA TO PECK
24-205-219-0001-00      WEIHL RONALD JR/JEAN E        ASSESSABLE FEET:                      89
                        1370 TIMBER TRAIL             COST PER FOOT:                 $35.50
@1.0        EAPPLEAVE   WHITEHALL      Ml             ESTIMATED P.O. COST:   I     $3,159.50     1




24-205-219-0003-00    N & N ASSOCIATES LLC            ASSESSABLE FEET:                    132
                      40 CONCORD AVE                  COST PER FOOT:                 $35.50
@ 1036.      TERRACES MUSKEGON       Ml               ESTIMATED P.O. COST:   I     $4,686.oo     1




24-205-220-0001-00      NATIONAL CITY BANK            ASSESSABLE FEET:                    132
                        ONE NATIONAL CITY PARKWAY COST PER FOOT:                     $35.50
@ 1070.      PECK ST    KALAMAZOO     Ml          ESTIMATED P.O. COST:       I     $4,686.oo     1




24-205-220-0003-00      BETHANY CHRISTIAN             ASSESSABLE FEET:                      66
                        1105 TERRACE                  COST PER FOOT:                 $35.50
@ 1088.      PECK ST    MUSKEGON        Ml            ESTIMATED P.O. COST:   I     $2,343.oo     1




24-205-220-0007-00      NATIONAL CITY BANK            ASSESSABLE FEET:                     66
                      ONE NATIONAL CITY PARKWAY COST PER FOOT:                       $35.50
@ 1070.      TERRACES KALAMAZOO     Ml          ESTIMATED P.O. COST:         I     $2,343.oo     1




24-205-221-0001-00      MUSKEGON HOUSING COMM         ASSESSABLE FEET:                    189
                      1080 TERRACE ST                 COST PER FOOT:                 $35.50
@ 1080.      TERRACES MUSKEGON      Ml                ESTIMATED P.O. COST:   I     $6,709.50     1




24-205-222-0001-00      CITY OF MUSKEGON              ASSESSABLE FEET:                    80.1
                        933 TERRACE ST                COST PER FOOT:                 $35.50
@ 1040.      PECK ST    MUSKEGON       Ml             ESTIMATED P.O. COST:   I     $2,843.55     1




2/14/2003                                                                          Page 1 of 4
 RECONSTRUCTION                       HEARING DATE        FEBRUARY 25,2003

                         TERRACE, IONA TO PECK
24-205-226-0001-00   YOUNG GREGORY J TRUST           ASSESSABLE FEET:                 132
                     1102 TERRACE ST                 COST PER FOOT:               $35.50
@ 1102.     TERRACES MUSKEGON      Ml                ESTIMATED P.O. COST:   I   $4,686.oo 1




24-205-226-0003-00   HERMAN LOUISE                   ASSESSABLE FEET:                  66
                     1116 TERRACE ST                 COST PER FOOT:                $35.50
@ 1116.     TERRACES MUSKEGON      Ml                ESTIMATED P.O. COST:   I   $2,343.oo     1




24-205-226-0004-00   MAY PROPERTY MGMT LLC           ASSESSABLE FEET:                  66
                     3947 NORTON HILLS RD            COST PER FOOT:               $35.50
@ 1122.     TERRACES MUSKEGON       Ml               ESTIMATED P.O. COST:   I   $2,343.oo     1




24-205-227-0006-00   BETHANY CHRISTIAN               ASSESSABLE FEET:                 189
                     1105 TERRACE ST                 COST PER FOOT:               $35.50
@ 1105.     TERRACES MUSKEGON      Ml                ESTIMATED P.O. COST:   I   $6,709.50     1




24-205-229-0005-00   FAITH TEMPLE CHURCH             ASSESSABLE FEET:                 123
                     1163 TERRACE ST                 COST PER FOOT:               $35.50
@ 1163.     TERRACES MUSKEGON      Ml                ESTIMATED P.O. COST:   I   $4,366.so     1




24-205-229-0010-00     BETHANY CHRISTIAN REFORME ASSESSABLE FEET:                      66
                       1105 TERRACE                  COST PER FOOT:               $35.50
@55.0       DIANAAVE   MUSKEGON        Ml            ESTIMATED P.O. COST:   I   $2,343.oo     1




24-205-230-0001-00   BUCKNERIRMA                     ASSESSABLE FEET:                  66
                     1140 TERRACE ST                 COST PER FOOT:               $35.50
@ 1140.     TERRACES MUSKEGON      Ml                ESTIMATED P.O. COST:   I   $2,343.oo     1




2/14/2003                                                                       Page 2 of 4
RECONSTRUCTION                     HEARING DATE         FEBRUARY 25,2003

                        TERRACE, IONA TO PECK
24-205-230-0002-00   CLC PROPERTIES INC            ASSESSABLE FEET:                  66
                     17 E WHITE LAKE DR            COST PER FOOT:                $35.50
@ 1148.     TERRACES TWIN LAKE      Ml             ESTIMATED P.O. COST:   I   $2,343.oo     1




24-205-230-0003-00   WILLIS BONNIE                 ASSESSABLE FEET:                 132
                     1164 TERRACE ST               COST PER FOOT:                $35.50
@ 1164.     TERRACES MUSKEGON      Ml              ESTIMATED P.O. COST:   I   $4,686.oo     1




24-205-238-0001-00   ROTTIER JAMES                 ASSESSABLE FEET:                82.5
                     895 APPLE                     COST PER FOOT:                $35.50
@ 1182.     TERRACES MUSKEGON      Ml              ESTIMATED P.O. COST:   I   $2,928.75     1




24-205-238-0003-00    RISING STAR MISSIONARY BAP   ASSESSABLE FEET:               115.5
                     1194 TERRACE ST               COST PER FOOT:                $35.50
@ 1194.     TERRACES MUSKEGON      Ml              ESTIMATED P.O. COST:   I   $4,100.25     1




24-205-238-0004-00   MAY PROPERTY MGMT LLC         ASSESSABLE FEET:                  66
                     3947 NORTON HILLS RD          COST PER FOOT:                $35.50
@ 1206.     TERRACES MUSKEGON       Ml             ESTIMATED P.O. COST:   I   $2,343.oo     1




24-205-239-0007-10   COON RANDAL L                 ASSESSABLE FEET:                  66
                     1205 TERRACE                  COST PER FOOT:                $35.50
@ 1205.     TERRACES MUSKEGON      Ml              ESTIMATED P.O. COST:   I   $2,343.oo     1




24-205-239-0008-00   RILLEMA LEE A                 ASSESSABLE FEET:                  66
                     1197 TERRACE ST               COST PER FOOT:                $35.50
@ 1197.     TERRACES MUSKEGON      Ml              ESTIMATED P.O. COST:   I   $2,343.oo     1




2/14/2003                                                                     Page 3 of 4
RECONSTRUCTION                          HEARING DATE        FEBRUARY 25,2003

                             TERRACE, IONA TO PECK
24-205-239-0009-00         AMERICAN GENERAL FINANCE I ASSESSABLE FEET:                     66
                      2510 HENRY ST                     COST PER FOOT:                 $35.50
@ 1189.     TERRACE S MUSKEGON      Ml                  ESTIMATED P.O. COST:   I    $2,343.oo      1




24-205-239-0010-10         WILLIS BONNIE/SUNDQUIST RO ASSESSABLE FEET:                     66
                     1164 TERRACE 2B                    COST PER FOOT:                 $35.50
@ 1183.     TERRACES MUSKEGON       Ml                  ESTIMATED P.O. COST:   I    $2,343.oo      1




SUM OF ASSESSABLE FOOTAGE:           2188.10    SUM OF ESTIMATED P.O. COST:        $77,677.55
TOTAL NUMBER OF ASSESSABLE PARCELS      23.00




2/14/2003                                                                            Page 4 of 4
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                    JH/\T PARTOF LOTS .1& 2 OF BLK 2.19 DESC AS FOL: COM AT APT IN SD L.OT 1 WHICH IS 81,74 FTNWLY.Qf SY\'COR 01'. lOT2
                                                                                                                                                                                                                                                                                           .· ·•· ·•
             . >.   AN.D 8 FT NELY OFSWLYLINE OF .Sp LOT ;1.fOR A POE! THSELY TO SW COROF LOT 2 TH NELY /\LG S\;Yllfl!E. OF LQJ) T9 SE.,
                    COR OF LOT 2 TH NWLY /\LG NELY LINE bFLOT 2 57FT TH WLYALG S LINE OF APPLE AVE 91.05 HTH SWLY bN MC OF/\;J0 •:
                                                                                                                                                                                                                                                                                       '

                                                                                                                                                                                                                         ! .

       . · . ·. <Please votJ ~ith~r in favqr qropp6secf tO the.spkcial Asses~rnent Street F>c:1~ihfProj~ct. , •.•.·
                                                                                                                                                                                                                                                                                                              '.-:


                          ,-_-_ . . '   '•· --, _. . _,._     • '         .- •,   ,- .. , ·.:"    :··     '-,_        ·' .' -        '· ,   .   ,,.,   .'   .·       .. ,    ,_- \   ',   _. .. -_-:__. •i,•""'       / .,_._     ..    _.. __ ,,,' ·'•   '_ .· •"',·"•' .-·-- : ,-,.--_ • .-.   '       ::_,_,_d}



                               ·T,XM,NtAid~i,, 1·;:,. •· ~:· .•·.. ·x '.A.f~tos~w"t~, . ..
    . Owner . \). <l"'o.J &..                                    AI\W t:, lk\ CoO\.Vner/Spouse .I'.S"e~,;,.{h •\..W .e.-, ~\· •. ··
      Signature ~                                              K- ,6                Signature ~ f' d.Jil}J ·. )Sf¥i
         Address                                 \'>1b t..'..cnu-dr 0-J~~\          Address .;.J{hZ......:,..t~IX:::::,~vSL.:.;..;=--------------'""-
                Thank you for taking the timtt6't~t~ on this important issue.                                                                                                                                                                                                      ·3 ·
                                                                                                                                                                                                                                                                                                          -·. ,--\
                                                                                                                                                                                                                                                                                                       ' i:_--_:>i
                                                                                                            ••. · ·•· · . . $1?ECIALASSESSfv1~Nf{"f.
                                                                                                 r 5 ·HEAFii~GRes~c)Ns~•ci.Ro,
                                                                                                                                                                                     -,__ .




                                '::••                                      t):..RetUrh"l"hi~fc;t~;;Y:I•FE!3RPAF{Y 25',2003·                                                       ··.c··

                     . ·.·; ;~~~i(~~!id:ti§,n ;'J!~!~~t~.P.r:\:~¼}f
                                   \'.·'(!.:•.--·".:: . .,'.:•.'._,,__._:<:·
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                                               l
                                               {i~~!v;"Y§8f~Ht~~·.v6t*·ii~i~\~'"J~ ~;J~i\hit~&ti~;,()rl'.~{~~(~§.;,,  @re~ct ..t9\ . . . . . .·. ·.·. ;j
                                                                                                                ~Y:;,.,.eJl~tr,< ...                  r1i
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                                                                    ~OllJffl!l!Sipptqr\lie·.spp!=!PU!E'l!.l·,pu~l1c,.9eaqq!:);.·.1>IE'laSE'lfetu.r11,t91.s·pc1rq.•.                                    }>t·
                                inq!cat~g'abq\te'. 1"99sE5]tJis re:;;po~.i,e ~ar<;I l)IE'lase irtgioate},\11iejhE'lfYOU{Jp1>9i>~'t                                                            ¥Qt    ;Y·,••··•.··•··
                                                                                                                       ,;1i'•
                                this §pecial.· aSSE3§\,ll)entproje<::t,~ighJbeJqrrn and retyrn,, it to tneQity Clerk'll'Pffi,
              \\;; 'JE3turl'llhJi. c,;ar'~l.·byrna.u,isimply fold on the;;qq~t<:!d·Un~s•sg the ~qqrl:!ss,9",Jhe·.re\l'~rs~~r
                                                                                                                             'Jf'/,{ · •                                                       !C·
                                                                                                                                                                                                                         ····:1
                                                                                                                                                                                                                        t;~
                                                                                                                                                                                                                         ·;l
                              .sh<>VJing/Be§ureJo s~attt,efgr!llWith . asp,all •.pi<:!<,<:! .of tc1pe orsiapl~.••p.ri()rJorn?ilip~·$;I.                                                                                  ,J
                             ·~~~Jii~OTSENDIN THIS F9~M~?HR.VOTE OOl:JNTS A$ ··,;•.~~VOR''QF;tig;f';,                                                                                                                  i!fi;d
                               Assessment 111formatioh \

                       ..... Psafp~l·'NumberS \                                                                                            .· .. Y24~205122e,0001·~00:6
                       ii>As$tiss~1:>1i·.i=ronfao~:•••             .··./i.·11~\i·i• ; FJit,.·,{;
                     .· .· , ,~ti;i!i~I=mnl·••~idt'¢;trii'.. ·/C', ·r•.,. $is. io'..·,
                       ::•·.·. ·.·•.·.·.E··s•.
                                           . ·r.. •. 1.M.· A·.·..·r. E'
                                                          ~'--
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                                                                                     . ... T.A. L'c·..o'.·s·. ·r·.·.·/
                                                                                                              ~
                                                                                                                                                  0
                                                                                                                   . . .· .,.•.· ·. ·. ·.· .·. ".·.\ "· ''"·· $'"a·••·a;a,Io;o.
                                                                                                                                                     !/'.\';    ~.. ; .. 'i;..

, ·                          ·Piab~rtiD,~sBr1iitr6r1(\s''
·.··.·t·.··••.•• {
                      3;,~fi~ff%!~11~iij'.·




                                                    rhani<;C>IJ .fcir'takiri~ the tin1e.fov6te ori•.this.importariii~sue. .
                                         ... SPECIALASSESSMENT ·.. . . .
                                        HEARING RESPONSE CARD ·
         NO RESPONSE COUNTS AS 0IN FAVOR': OFPROJECT~To have your votebount, please .

                    •.     ·••·· Retu.rn·•Thisca·rd•.•~Y·•··•··.FEBHlJARY 25,2003•··.
          Project Title: .           TERRACE.JONA           To PECK -.
     . •. •. Projebt Description     REC()N~TR\.JtJI()~
     ' .. ·. INSTRUCTIO~S /
          If you wi~h to have your whtten Jotlinclud~d aspa rt ofthetabul~tion of votes for,varded to
          the City Commission fot the. sched ulecl. pqplic hearing, please return this card by .the date . .•
          indicated above/ T9.use th.is resp9nse card please indicate 1Nhether you Oppose or Falior ·
          this specic1tassessment project, sign the form an.d retum it to the City Clerk's Office. Jo
        . return this card by maU, sin:,plyJold O(l the gotted Unes SC> t~e ;:idclress or;ithe reverse side Js ·•···.
         showir;ig.1;3e sure to seal thE:J form·.with a small piece .ottape or.staplePriorto.mailing.)f
         YOU DO NOTS
         PROJECT. / END INTHIS
                          ... · ·. .·• FORMYOURVOTECOUNTS
                                        .. · . •·· .· . . · . ·........ ..·•.. ·.. . . •·· •. AS "IN
                                                                                                  <
                                                                                                     FAVOR'/
                                                                                                       .. . . .
                                                                                                                OF • ...

      ·-. A~sesin1ent intor111~tion ·.
          .·.·PibpJtty··Addre~s:
         ·P;rci~i   Nurfibe?i·••····
                                                             11:a;E~~d~s;i
                                                        . 24~205-230-0()()2-()() .
        - Assessable f'r<>6tage:L~ --                  •i_·-.•---·•.t>e-+~f·:in~eet·-
·•· ··• \·i) Esti~;i~d· Fre>rit ~bo{c:~it:·i/>             . $?5.b~ · . t~r Feiit .
         ESTIIVIAJE[) TOTALcosT ·.
     •. PrcfoertyDe$criptibn ·
                                                           C¥~.3-~3-06                       . Jqazi8c:ait '
     -. ~[Jirlo~~~~GF01~0;
        . L0T2BL~23Q • -




                                                                                                                     . 19 .·
                                                                                                                . i-·


                                .· .sPEC!Al A~~EssMENr ...··.    .
                            ·. HEARING RESPONSE CARD·
            NO. RESPONSE COUNTS AS HIN FAVC>R.. OF PRQJECT-To have yourvotEl count,. please
                            . • •~etlJrnJHis By                                    Card                            i~~~UARY ~§.2003 .·.
               ProJect,TiUl;J:; . 'ifERMCE, 10NAfcip~c1(                                                                                                 ... ·•·.. . •.                           <



               Project Description ) RECONSTRl..lCTION
             -'. .. ;.·. •.•    .    '-.   ,./_   .   ·;._' '.   ,__. . . . .   -.:-·, ·'·· ,·, ,.:•' ·.·_'..    _-, ·.-">; ·-
                                                                                                                                 . ·.
                                                                                                                                 .



        .. IN~tRUttlONS                           i
          ·.··1tyou wish fo have yoi.ir written v<:>te i.(1Cl1.1de9as parfofthetabulation ofvotes forwarcled to·•.·
              the. City Con1mi5:sion forlhe schecJule.cl pµt>lic hearing, pleasereturnJhis carcl by .the date .. ·.
              inclicj:lted above; To use this Jesp9nse card please indicate whether you Oppose orFayor ··
          ·. this speci,31 ai;sessrT1ent project, sigp the torm and return i.tJo the CitYQlerk'$ Qffice .. To •..
            . retum this ¢atd by mall, $imply fold 9n thl;J dotted Iin.es so the addre$son the. reverse $ide i$
           . §hoWlng; Be syreJo 'se~l. th~ftJ.rniwith a§rnall plec;e of tape.or staple prlortOJJl!:!.Oing. IF . ·.•·
           . YOU.DO NOT SEND INTHIS1FORMYOUR \.'OJE COUNTS AS "IN. FAVOR'' OF .
             PR,OJE:CT.. . •·' ·.•.•.·. ·•                                  ·. ·•.. ·.
              Assessment ihtormatiol1 .
         . Pr;p~hY~dcJiesk(\ •
               p~fcel Number>··•.··•·                                                 ,f'.t\)\ ;~l~I?alt;t~:7jrn···•i<••.··i•• ·                    ----- ·:· __ _'._'_"         ·: ,·,:, :
          ·... A~~e~sable F~ontagefC. .. -- .·. ·.. > ··•.· ·.·                                                                      -'-···---'-·                          :._




                                                                                                           ··.?$;35.5Q .     Ji8r Foor.~w;;f.;;;-;;;f;:.,.::,.2.
·•· >. c,··, . Si:st,~Af1:ri.t<>fttfd§'r······                                                                  . $2,34~.0() ' '_-. ,>'•:··l>·-~:/ _,\
            .Rrooerty 6esoriofic>fi• •
             crr~o;;,;J~KeGoi··· }. . . C.
           . RE\/ISED PLATOF 1903.
           ·. E1/2 LOT7BLK239 •··•




               · .·•·•. i t>ci•.. . . . . . . . .                /> ./ / t<
               Plea~evot~ either i~ J~vor oroppbs~dJo the Special .As~essrnent .$treat Pa\/i~g Project, . .
                                                                                                                  ~;{!,,;;, t /i i, ;••··.·                                                           ,,r.······· ·.·.·• ·•.·• .·
                                                                                                                                                                            ·•··.·.··••;~J·.oPPO~~o·••··lll••·. · •
                                                                                                                                                                                              (                 ~--   -   .   .·


                                                                CoOrnir/Spou~e .... · ••. · .
       $i~q~i4re 1 -·'."'".,9..l~¥'ld..f-~::..:..;;.:;;;;;;::;;~ .{.}.~id.~~t~r;••. ··•---------------....,.-----....-•

    ·.· · . Addre~¢•           ··:':':.l2bjf/ldfb f/4;,;··•/}. . ·:,,,'.~dd.res$/··••......'· .•-·. •·· --•··_·. •                                                                              <--·..............______._____,..
                                                                                                                                                                                              _<__
         <·.                                                         0
                         Thank'.~ouforta:~ifig t~;!Jottt;f~Jhis important issue./                                                                                                                                                   4
                                                                                                                                                                                                                                        ·
                                                                SPECIAL ASSESSMENT . ·.··
                                                 HEARING RESPON§ECJ\RD.
          No··.RESPONSECOUNTS AS''IN FAVOR" Of'PROJ~cT-To haveYour.vot~ count, please
                                                                                                                                                     '



             Prpiecf.Tith,1:/·.•· Tl=~RACE, •. IONATOP~CK
                                                                                                    ·',;;::i/    -        ----.
          ·. Project Desc;riptioh RECONSTRUCTlQN                                                                      ;·;·:-,-··. _,c-

                                                                                                                · __ .-/;•_-c-_.,
           INSTRIJCTIONS
               lfyoy Wishlo ~ave yollfwrjtlenvote in9luded as part ofthe t~b81atioh of votes forwarded.to.·
     ·....·.·. the City Con,missio.n for the schedule.a put?lic hearing, plea:,e return this cc1rd by th~ date .•••·· •·
.· ; ·•. indicated above; .To u.se this response.card plec1seindicatewhethe(you·.oppose.or.Favo(•.· i.
  · j        (thisspeci;:il asses:,memt project, sign th'Ei.forni. and .return ifto.the City ClerK's OfficEl, To >•· ·.
      , . . .ret1Jm this cardbyrhc1il, simply.foldpnJhedotted lines so t.~El address onthe·.reverseSid!=)is ·
    • ·•·.. ·.;showing. Be sure to seal the form with a. small .piece •oft<!PE1'or staplE1 prior to mailing,JF · .·
       ..... You DO NOT SEND INTHIS FORMYOURVOTECOUNTS AS "IN FAVOR'!OF..                                      .
             . PROJECT,                                           .            ·•
         •. Assessmentlntormation
        .Prc{pertyAddr~ss:
     .... Parc~lNurr\ber >                i .·

           As;~i1c1tile·.Fr6hi~gJ:·••·
                                                          ~ri.->
  . . . . .· ·. . . · Estimated . . Fr9~t Foot· Cost;      •.+•··.

     / •1:s+1rv1AT~o rorAL . cos+,.                                  ·
        .· ·. Pr<>b~~yb~scr1ptioh•. . . . · ·•·. .
·. . . <i/i.·.· CITY OFMUsKe6oN /·. . . .
    . '<RE\/ISEDPLATOF1903 . .
        <ELY 94 FTtOT 10BL!{239
                                                                            .·. . . . . . : d   f (t,:
                                                                         .$()8/~~1i'b2Ll~t~f. ;. . . . .•
    .·. '"~'.;tr!&~,;;'•t:·,tJ,:i~'l:t,Iff~jt~it,~ttiiiits¼',FP,ir"~ Fc'c,,)Oojj                                                                                         ....
          ·. '. .·?~.IA~. l~·f~~.9~1 ;•.,.              •1•·•                                            ..   nx~~g~P&skb ·••IX.2ilE:c•.·•·.·<·.·..·.... •.· .

  '~IOri~ti\;.        -tffl~,'; ~;~:• '"· ·.:. · ~~~-;#~
    Address . . . . . . ·•.· . Z(fol/   Utcttks-t'<· /;/ .Address<·.•···•;,,·1.!.££)~14~::Li~~'......;.......
                                                                                                                                         ......,............;_.....~•.

       ... . . >, Th~11k·yo<l.fort1kicig th;tini6 tri ~otJ t~thi~•i111~ti~aht iJsJ~t·
                      SPECIAL ASSESSMENT                                       H 1567
RECONSTRUCTION                       HEARING DATE        FEBRUARY 25,2003

                         TERRACE, IONA TO PECK
24-205-219-0001-00      WEIHL RONALD JR/JEAN E      ASSESSABLE FEET:                     89         Jv
                        1370 TIMBER TRAIL           COST PER FOOT:                  $35.50
@ 1.0     E APPLE AVE   WHITEHALL      Ml           ESTIMATED P.O. COST:   I     $3,159.50      1




24-205-219-0003-00      N & N ASSOCIATES LLC        ASSESSABLE FEET:                    132
                      40 CONCORD AVE                COST PER FOOT:                 $35.50
@ 1036.     TERRACE S MUSKEGON     Ml               ESTIMATED P.O. COST:   I     $4,686.oo      1




24-205-220-0001-00      NATIONAL CITY BANK        ASSESSABLE FEET:                      132
                        ONE NATIONAL CITY PARKWAY COST PER FOOT:                    $35.50
@ 1070.     PECK ST     KALAMAZOO      Ml         ESTIMATED P.O. COST:     I     $4,686.oo      1




24-205-220-0003-00      BETHANY CHRISTIAN           ASSESSABLE FEET:                     66
                        1105 TERRACE                COST PER FOOT:                  $35.50
@ 1088.     PECK ST     MUSKEGON      Ml            ESTIMATED P.O. COST:   I     $2,343.oo      1




24-205-220-0007-00      NATIONAL CITY BANK          ASSESSABLE FEET:                     66
                     ONE NATIONAL CITY PARKWAY COST PER FOOT:                       $35.50
@ 1070.     TERRACES KALAMAZOO     Ml          ESTIMATED P.O. COST:        J     $2,343.oo      1




24-205-221-0001-00   MUSKEGON HOUSING COMM          ASSESSABLE FEET:                    189
                     1080 TERRACE ST                COST PER FOOT:                  $35.50
@ 1080.     TERRACES MUSKEGON      Ml               ESTIMATED P.O. COST:   I     $6,709.50      1




24-205-222-0001-00      CITY OF MUSKEGON            ASSESSABLE FEET:                    80.1
                        933 TERRACE ST              COST PER FOOT:                  $35.50
@ 1040.     PECK ST     MUSKEGON       Ml           ESTIMATED P.O. COST:   I     $2,843.55 1




2/25/03                                                                           Page 1 of 4
RECONSTRUCTION                        HEARING DATE        FEBRUARY 25,2003

                         TERRACE, IONA TO PECK
24-205-226-0001-00  YOUNG GREGORY J TRUST            ASSESSABLE FEET:                 132     Ju
                    1102 TERRACE ST                  COST PER FOOT:                $35.50
@ 1102.    TERRACES MUSKEGON      Ml                 ESTIMATED P.O. COST:   I   $4,686.oo     1




24-205-226-0003-00  HERMAN LOUISE                    ASSESSABLE FEET:                  66
                    1116 TERRACE ST                  COST PER FOOT:                $35.50
@ 1116.    TERRACES MUSKEGON      Ml                 ESTIMATED P.O. COST:   I   $2,343.oo     I

24-205-226-0004-00  MAY PROPERTY MGMT LLC            ASSESSABLE FEET:                  66
                    3947 NORTON HILLS RD             COST PER FOOT:                $35.50
@ 1122.    TERRACES MUSKEGON       Ml                ESTIMATED P.O. COST:   I   $2,343.oo     I

24-205-227-0006-00  BETHANY CHRISTIAN                ASSESSABLE FEET:                189
                    1105 TERRACE ST                  COST PER FOOT:                $35.50
@ 1105.    TERRACES MUSKEGON      Ml                 ESTIMATED P.O. COST:   I   $6,709.50     1




24-205-229-0005-00  FAITH TEMPLE CHURCH              ASSESSABLE FEET:                123
                    1163 TERRACE ST                  COST PER FOOT:                $35.50
@ 1163.    TERRACES MUSKEGON      Ml                 ESTIMATED P.O. COST:   I   $4,366.50     1




24-205-229-0010-00     BETHANY CHRISTIAN REFORME ASSESSABLE FEET:                     66
                       1105 TERRACE                  COST PER FOOT:                $35.50
@55.0      DIANA AVE   MUSKEGON        Ml            ESTIMATED P.O. COST:   I   $2,343.oo     1




24-205-230-0001-00  BUCKNERIRMA                      ASSESSABLE FEET:                 66
                    1140 TERRACE ST                  COST PER FOOT:                $35.50
@ 1140.    TERRACES MUSKEGON      Ml                 ESTIMATED P.O. COST:   I   $2,343.oo     1




2/25/03                                                                         Page 2 of 4
RECONSTRUCTION                    HEARING DATE        FEBRUARY 25,2003

                       TERRACE, IONA TO PECK
24-205-230-0002-00  CLC PROPERTIES INC           ASSESSABLE FEET:                 66 \
                                                                                       .JeS
                    17 E WHITE LAKE DR           COST PER FOOT:                $35.50
@ 1148.    TERRACES TWIN LAKE      Ml            ESTIMATED P.O. COST:   I   $2,343.oo    I


24-205-230-0003-00  WILLIS BONNIE                ASSESSABLE FEET:                132     Jo
                    1164 TERRACE ST              COST PER FOOT:                $35.50
@ 1164.    TERRACES MUSKEGON      Ml             ESTIMATED P.O. COST:   I   $4,686.oo    1




24-205-238-0001-00  ROTTIER JAMES                ASSESSABLE FEET:               82.5
                    895APPLE                     COST PER FOOT:                $35.50
@ 1182.    TERRACES MUSKEGON      Ml             ESTIMATED P.O. COST:   I   $2,928.75    I


24-205-238-0003-00  RISING STAR MISSIONARY BAP ASSESSABLE FEET:                115.5
                    1194 TERRACE ST            COST PER FOOT:                  $35.50
@ 1194.    TERRACES MUSKEGON       Ml          ESTIMATED P.O. COST:     I   $4,100.25    1




24-205-238-0004-00  MAY PROPERTY MGMT LLC        ASSESSABLE FEET:                 66
                    3947 NORTON HILLS RD         COST PER FOOT:                $35.50
@ 1206.    TERRACES MUSKEGON       Ml            ESTIMATED P.O. COST:   I   $2,343.oo    I

24-205-239-0007-10  COON RANDAL L                ASSESSABLE FEET:                 66     J-0
                    1205 TERRACE                 COST PER FOOT:                $35.50
@ 1205.    TERRACES MUSKEGON      Ml             ESTIMATED P.O. COST:   I   $2,343.oo    1




24-205-239-0008-00  RILLEMA LEE A                ASSESSABLE FEET:                 66
                    1197 TERRACE ST              COST PER FOOT:                $35.50
@ 1197.    TERRACES MUSKEGON      Ml             ESTIMATED P.O. COST:   I   $2,343.oo    1




2/25/03                                                                     Page 3 of4
RECONSTRUCTION                          HEARING DATE        FEBRUARY 25,2003

                             TERRACE, IONA TO PECK
24-205-239-0009-00         AMERICAN GENERAL FINANCE I ASSESSABLE FEET:                     66     Ju
                     2510 HENRY ST                      COST PER FOOT:                 $35.50
@ 1189.     TERRACES MUSKEGON      Ml                   ESTIMATED P.O. COST:   I    $2,343.oo 1




24-205-239-0010-10   WILLIS BONNIE/SUNDQUIST RO ASSESSABLE FEET:                           66     to
                     1164 TERRACE 2B            COST PER FOOT:                         $35.50
@ 1183.     TERRACES MUSKEGON       Ml          ESTIMATED P.O. COST:           I    $2,343.oo 1




SUM OF ASSESSABLE FOOTAGE:           2188.10    SUM OF ESTIMATED P.O. COST:        $77,677.55   1
TOTAL NUMBER OF ASSESSABLE PARCELS      23.00




2/25/03                                                                              Page 4 of4
                                                                                 H-1567 TERRACE, !ONA TO PECK

                                                                 PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE IABlll ATION



                                                 EEEI            eEBCEf!lT8GE                                              TOTAL NUMBER OF PARCELS. 23
                                                                                                          FOR                                                        OPPOSE
                                                                                LETTER#   ST#     ST NAME            PARCEL#         FEET     LETTER#   ST#  ST NAME      PARCEL#              FEET
TOTAL ASSESSABLE FRONT FOOTAGE                   2188.100   o•                    19       1148      TERRACE    24-205-230-0002-00    66.00     18      1164 TERRACE 24-205-230-0003-00        132.00
                                                                                                                                                7       1183 TERRACE 24-205-239-0010-10        66.00
FRONT FEET OPPOSED                                 551.00          25.18%                                                                       23      1102   TERRACE    24-205-226-0001-00   132.00
                                                                                                                                                4       1205   TERRACE    24-205-239-0007-10   66.00
RESPONDING FRONT FEET IN FAVOR                     66.000           3.02%                                                                       6       1189   TERRACE    24-205-239-0009-00   66.00
                                                                                                                                                3         1     e apple   24-205-219-0001-00   89.00
NOT RESPONDING - FRONT FEET IN FAVOR             1571.100          71.80%

TOTAL FRONT FEET IN FAVOR                        1637.100          74.82%




                                                                                TOTALS                                               66.00                                                     551.00




                            TABULATED AS OF: 03:58 PM                                                                   2/25/034:34 PMTABULATION OF THE RESPONSES TO THE SP. ASS, HEARING ON TERRACE.xis
Date:          February 25, 2003
To:            Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Davis, Laketon to Southern




SUMMARY OF REQUEST:

To hold a public hearing on the proposed special assessment of the Davis, Laketon to
Southern project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

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



COMMITTEE RECOMMENDATION:
                                     CITY OF MUSKEGON

                                   Resolution No. 2003-20 ( c)


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


 RECITALS:

 l.    A hearing has been held on February 25, 2003 at 5:30 o'clock p.m. at the City
       Commission Chambers. Notice was given by mail and publication as required by
       law.

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

 3.   At the hearing held February 25, 2003, there were 3 2 3 £f% 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 Spataro                                  and       Gawron
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 18.69% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes      Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, -


       Nays    None



                                                            CITY OF MUSKEGON


                                                            By~~~~__J~
                                                                     ~~L~
                                                                 Gail A. Kundinger, Clerk


                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on February 25, 2003.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
                               EXHIBIT A



                 Davis, Laketon to Southern

                  SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Davis St., from Laketon to Southern
                                                              I                  II._____
 1//                                   ,               II                        IC
                                                        .._       SOUTHERN A\£   :;,;....---

                                        ~---,:,                                  1~1
                                                        i1        FOREST A\£
                                                                                 l~r==I=
                                                          1                      IC
      ,t
    {11                                                       I    IRELAND
                                                                                 IC
  )LJL-J                         DAL.£ A\£
                                 ---,,--
                       ....1/J
                                                                   DAL.£ A\£

    ....1/J
                                             ,\l======::I                        1;:==1=
    ~
    ~r-,~
    ~
                                      1
                                       AI£   _ _     __.ii          LARCH A\IE
                                                                                 l~I.____
                                                          I                      I I::====
                                               _ ___. I                          II
              !PROJECT LOCA T/ON

SPECIAL ASSESSMENT DISTRICT
                                 -;)                              lrTF;li                       CITY OF MUSKEGON
                                                                                               OFFICE OF T~ CITY ENG_INEER
                                                                                                                             I    DAVIS STREET
                                                                                                                                 LAKETON T_O SOUTl-!_ER.!'!
                                                                                                                             ~•..,£rt-•\          ;:;-156J.

                                                                                                                             ''"' .... N<tAf"'L~'-'° '
                                                                                                                                                              s-r,eo1
                                                                                                                                                              J>   '
                     AFFIDAVIT OF MAILING


STA TE OF MICHIGAN   )
                     ) ss
COUNTY OF MUSKEGON )

 TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                      Davis, Laketon to Southern

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 14TH DAY L      RUARY,2003.
                                           ' Q,       ~ ,
                                    GAIL A. KUNDINGER, CITY LERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 3rd    DAY OF Zllacc/2          , 2003.
ceinda     R<S- ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9 -d-S--o t
Potter, Linda
From:                         AI-Shatel, Mohammed
Sent:                         Wednesday, February 26, 2003 10:12 AM
To:                           Potter, Linda
Subject:                      Terrace & Davis Projects


The percentages against are:

•   Davis .......... 32.38%
•   Terrace ........ 28.2%




                                                          1
                            ENGINEERING FEASIBILITY STUDY

                                                For

                            DA VIS ST., LAKETON TO SOUTHERN


The proposed Milling & resurfacing of Davis between Laketon & Southern was initiated by the
City due to the conditions it is in. The proposed resurfacing, we feel, is necessary to prevent this
section of roadway from deteriorating to a point where resurfacing would no longer be a valid
option and a complete reconstruction would then be necessary, resulting in a higher cost to the
property owners as well as to the City.

Facts;

•   The last major work on this section of Davis appears to have taken place back in the mid
    sixties except for the trench repair as a result of the watermain installation about I 0-years
    ago.
•   This section of Davis has an average pavement condition index (PCI) of less than 20 out of a
    I 00. A PCI this low would normally result in a recommendation to reconstruct, however,
    milling & resurfacing is being proposed due the fact :hat existing curbs are in excellent shape
•   A memorandum from the Assessor's office, which addresses appraisal and benefits to
    abutting properties, is attached.

The preliminary cost estimate for the work associated with paving is approximately $170,000
with the length of the project being approximately 1600 lineal feet or I 780 of assessable footage.
This translates into an estimated improvement cost of $95 per assessable foot. The assessment
figure will be at a cost not to exceed $17.85 per assessable foot as established in the 2003 Special
Assessment for this type of improvement.
I MUSKEGON COUNTY
                                                                  173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442

IM    CH    GAN
                                                                                                              (231) 724-6386
                                                                                                         FAX (231) 724-1129

                                                                                         EQUALIZATION DEPARTMENT
 BOARD OF COMMISSIONERS

 Kenneth J. Hulka, Chair
 Bill Gill, Vice Chair
 Paul Baade
 Douglas Bennett
 Nancy G. Frye
 James J. Kobza
 Louis McMurray
 Tony Moulatsiolis
 Clarence Start

                                                                      February 11, 2003



               Mohammed AI-Shatel, City Engineer
               City of Muskegon
               93 3 Terrace Street
               Muskegon, Ml 49443
               Mr. Al-Shatel:
               In accordance with your request, I have examined the proposed special assessment district
               entailing the milling and resurfacing of Davis Street between W. Laketon Avenue and W.
               Southern Avenue. The purpose of this analysis is to document the reasonableness of this
               special assessment district by identifying and quantifying any accrued benefits. It is subject to
               the normal governmental restrictions of escheat, taxation, police power and eminent domain.
               The effective date is February 11, 2003.
               In conclusion, it is my opinion that the special assessment amounts justly and reasonably
               represents the accrued benefits to the properties encompassed by this project. The amounts
               reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
               accrue from an overall increase in property values due to an improved quality of life created
               by the proposed project. As previously presented, the proposed special assessment district
               encompasses primarily residential properties. The front foot rate of $17 .85 for the milling and
               resurfacing of the above mentioned project area appears reasonable in light ofan analysis that
               indicates a possible enhancement of$18.97. The conclusions are based upon the data
               presented within this limited analysis in restricted format, and on supporting information in my
               files.
FEBRUARY 14, 2003




OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441 17


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:

                      DAVIS, LAKETON TO SOUTHERN
The proposed special assessment district will be located as follows:

                All parcels abutting Davis. Laketon to Southern
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are
conditions of the proposed special assessment which are important to you.

                                 Public Hearings

An initial public hearing to consider the creation of a special assessment district
will be held at the City of Muskegon City Commission Chambers on FEBRUARY
25,2003 at 5:30 P.M. You are encouraged to appear at this hearing, either in
person, by agent or in writing to express your opinion, approval, or objection
concerning the proposed special assessment. We are enclosing a Hearing
Response Card for you to indicate your agreement or opposition to the special
assessment. This card includes the property identification and description,
assessable footage per City policy, and the estimated cost of the assessment.
You may also appear, as above, in lieu of, or in addition to mailing your response
card to the City Clerk. Written objections or appearances must be made at or
prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE
CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU
TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED
FOR THE SPECIAL ASSESSMENT.
   A second public hearing will be held, if the district is created, to confirm the special
   assessment roll after the project is completed. You will be mailed a separate notice for
   the second hearing. At this second hearing the special assessment costs will be spread
   on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
   HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
   PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
   ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
   THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
   WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
   UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
   CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
   BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
   TRIBUNAL WILL BE LOST.

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

                                               Estimated Costs

   The total estimated cost of the street portion of the project is $170,000.00 of which
   approximately 18.69% ($31,775.68) 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,


        / /i               '    .   //2.'1/?
                                         .
/)?_,{//jL ~-      7
                  <'   (       (/('   2/~
   Mohammed AI-Shatel, P.E.
   City Engineer
                     Special Assessment Payment Options

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

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

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

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

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                          CITY OF MUSKEGON
                                             STREET H-1563
                                     DAVIS, LAKETON TO SOUTHERN
                          CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT

                                                  HOUSEHOLD INFORMATION.
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:                                                Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate._ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                  Social Security# _ _-_ _ -_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                  Social Security# _ _-_ _-_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                  Social Security# _ _-_ _-_ _

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

                                                                                 Wage earner:

                                                                                 Wage earner:

                                             Total:       $

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

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

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

                                                        OWNER'S SIGNATURE

Owner's Signature:--------,--,----:c------------------,-----,-c:- Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
                                                       FOR OFFICE USE ONLY
APPROVED ( )           DENIED ( )          DATE _ _ _ _ CENSUS TRACT NO.

SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __                               TITLE

COMMENTS/REMARKS
                                            **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                  SPECIAL ASSESSMENT
                             HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                      Return This Card By FEBRUARY 25,2003
    Project Title:         TERRACE, I0NA TO PECK
    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:                      189         Feet

   Estimated Front Foot Cost:                 $35.50      per Foot

   ESTIMATED TOTAL COST                      $6,709.50
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   BLK 221 LOTS 1- 5 &
   LOTS 12 & 13


                                      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.
                                        PCITY OF MUSKEGON
                                     NOTICE OF PUBLIC HEARINGS
                                   SPECIAL ASSESSMENT DISTRICTS

PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon
City Commission for the following projects:

                                             Terrace St., Iona to Peck
                                                        and
                                     Davis St., Laketon Ave. to Southern Ave.

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

                   • All parcels abutting Terrace St. from Iona St. to Peck St.
                                               and
         •   All parcels abutting Davis St. from Laketcn Avenue to Southern Avenue

It is proposed that a percentage of the cost of the improvement will be paid through special assessments.
Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may
be examined during regular business hours at the Engineering Department between 8:00 A.M. and 5:00
P.M. on weekdays, except holidays.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON
FEBRUARY 25, 2003 AT 5:30 O'CLOCK P.M.

YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HA VE THIRTY (30) DAYS FROM
THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STA TE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.

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


PUBLISH:         February 15, 2003                           Gail Kundinger, City Clerk

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

                                      Gail A. Kundinger, City Clerk
                                 933 Terrace Street, Muskegon, MI 49440
                                  (231) 724-6705 or TDD (231) 724-6773
                       SPECIAL ASSESSMENT                                          H 1563

MILLING AND RESURFACING                 HEARING DATE        FEBRUARY 25, 2003

                       DAVIS, LAKETON TO SOUTHERN
24-205-494-0001-00      KANTOLA KEVIN                  ASSESSABLE FEET:                  52.75
                        1611 DAVIS ST                  COST PER FOOT:                  $17.85
@ 1611.     DAVIS ST    MUSKEGON      Ml               ESTIMATED P.O. COST:    ~I__$_9_41_.5_9~1



24-205-494-0002-00      SCHMIDT JEFFERY A              ASSESSABLE FEET:                  52.75
                        1605 DAVIS                     COST PER FOOT:                  $17.85
@ 1605.     DAVIS ST    MUSKEGON      Ml               ESTIMATED P.O. COST:    ~I__$_9_4_1._59~1



24-205-494-0005-04      MERWIN DAVID B                 ASSESSABLE FEET:                     61.9
                        1565 DAVIS ST                  COST PER FOOT:                   $17.85
@ 1565.     DAVIS ST    MUSKEGON       Ml              ESTIMATED P.O. COST:    I     $1,104.92 1




24-205-494-0005-05      LONG ALLAN/BETTY               ASSESSABLE FEET:                      81
                        1589 DAVIS ST                  COST PER FOOT:                   $17.85
@ 1589.     DAVIS ST    MUSKEGON      Ml               ESTIMATED P.O. COST:    I     $1,445.85 1




24-205-494-0005-06      MCCORMACK DANIEL W/NANCY ASSESSABLE FEET:                            50
                        1597 DAVIS ST                  COST PER FOOT:                  $17.85
@ 1597.     DAVIS ST    MUSKEGON         Ml            ESTIMATED P.O. COST: ~I_ _$_8_92_.5_0~1




24-205-500-0001-00      PRUITT PAUL D                  ASSESSABLE FEET:                      78
                        1212 W. DALE AVE.              COST PER FOOT:                   $17.85
@ 1212. W DALE AVE      MUSKEGON        Ml             ESTIMATED P.O. COST:    I     $1,392.30 1




24-205-500-0002-00      ROOD MARCELLA                  ASSESSABLE FEET:                      54
                        1659 DAVIS ST                  COST PER FOOT:                  $17.85
@ 1659.     DAVIS ST    MUSKEGON      Ml               ESTIMATED P.O. COST: ~I_ _$_9_6_3._90~1




2/14/2003                                                                            Page 1 of 5
MILLING AND RESURFACING              HEARING DATE        FEBRUARY 25, 2003

                       DAVIS, LAKETON TO SOUTHERN
24-205-500-0003-00       GORKISCH JEFFREY L         ASSESSABLE FEET:                  66
                         1651 DAVIS ST              COST PER FOOT:                $17.85
@ 1651.     DAVIS ST     MUSKEGON      Ml           ESTIMATED P.O. COST:   I   $1,178.10 1




24-205-500-0004-00      LLOYD H KEVIN/SUSAN K       ASSESSABLE FEET:                  66
                        419 OAKNOLL                 COST PER FOOT:                $17.85
@ 1641.     DAVIS ST    MUSKEGON       Ml           ESTIMATED P.O. COST:   I   $1,178.10 1




24-205-500-0005-00      BANKERS TRUST COMPANY OF ASSESSABLE FEET:                     66
                        ONE E 4TH ST             COST PER FOOT:                   $17.85
@ 1631.     DAVIS ST    CINCINNATI   OH          ESTIMATED P.O. COST:      I   $1,178.10     I

24-205-501-0010-00     FOSSLER GINA J               ASSESSABLE FEET:              64.75
                       1190 IRELAND AVE             COST PER FOOT:                $17.85
@ 1190.     IRELAND AV MUSKEGON       Ml            ESTIMATED P.O. COST:   I   $1,155.79 1




24-205-509-0009-00     GOULET WILLIAM K             ASSESSABLE FEET:                  61
                       1189 IRELAND AVE             COST PER FOOT:                $17.85
@ 1189.     IRELAND AV MUSKEGON       Ml            ESTIMATED P.O. COST:   I   $1,088.85 1




24-205-509-0010-00      KOTECKI MATTHEW/BERDINSKI ASSESSABLE FEET:                    61
                        1190 W DALE AVE             COST PER FOOT:                $17.85
@ 1190. W DALE AVE      MUSKEGON       Ml           ESTIMATED P.O. COST:   I   $1,088.85 1




24-205-510-0001-00      PLOUHAR JUDITH A TRUST      ASSESSABLE FEET:                  50
                        1733 DAVIS ST               COST PER FOOT:               $17.85
@ 1733.     DAVIS ST    MUSKEGON      Ml            ESTIMATED P.O. COST: 1~_$_8_92_._50~1




2/14/2003                                                                      Page 2 of 5
 MILLING AND RESURFACING                HEARING DATE        FEBRUARY 25, 2003

                       DAVIS, LAKETON TO SOUTHERN
24-205-510-0002-00      POULIN MONTY L                 ASSESSABLE FEET:                      65
                        1723 DAVIS                     COST PER FOOT:                    $17.85
@ 1723.     DAVIS ST    MUSKEGON       Ml              ESTIMATED P.O. COST: I         $1,160.25      1




24-205-510-0003-00      MARTINEZ LOUIE                 ASSESSABLE FEET:                      49
                        1715 DAVIS ST                  COST PER FOOT:              $17.85
@ 1715.     DAVIS ST    MUSKEGON       Ml              ESTIMATED P.O. COST: LI_ _$,:__8_7_4._65_JI




24-205-510-0003-10      MAXWELL JOSEPH B/BARBARA ASSESSABLE FEET:                            50
                        1707 DAVIS ST                  COST PER FOOT:              $17.85
@ 1707.     DAVIS ST    MUSKEGON         Ml            ESTIMATED P.O. COST: LI_ _$,:__8_9_2._50_JI




24-205-510-0004-00      BRATSBURG GREGORY J            ASSESSABLE FEET:                      50
                        1703 DAVIS ST                  COST PER FOOT:                    $17.85
@ 1703.     DAVIS ST    MUSKEGON      Ml               ESTIMATED P.O. COST: LI_ _$,:__8_9_2._50_JI




24-205-510-0005-00      FISH ANN F                     ASSESSABLE FEET:                      66
                        1213WDALEAVE                   COST PER FOOT:                    $17.85
@ 1213. W DALE AVE      MUSKEGON    Ml                 ESTIMATED P.O. COST: I         $1,17s.10     1




24-205-513-0001-00      MACHOWSKI SCOTT/DEBRA K        ASSESSABLE FEET:                      66
                        1781 DAVIS ST                  COST PER FOOT:                    $17.85
@ 1781.     DAVIS ST    MUSKEGON      Ml               ESTIMATED P.O. COST: I         $1,178.10     1




24-205-513-0002-00      M-THREE LLC                    ASSESSABLE FEET:                      66
                        3361 FULTON                    COST PER FOOT:                    $17.85
@ 1777.     DAVIS ST    MUSKEGON         Ml            ESTIMATED P.O. COST: I         $1,178.10     1




2/14/2003                                                                             Page 3 of 5
MILLING AND RESURFACING                  HEARING DATE        FEBRUARY 25, 2003

                       DAVIS, LAKETON TO SOUTHERN
24-205-513-0003-00       VANDERWALL JAMES/PAUL KAT ASSESSABLE FEET:                        66
                         1771 DAVIS ST                  COST PER FOOT:                 $17.85
@ 1771.     DAVIS ST     MUSKEGON         Ml            ESTIMATED P.O. COST:   I    $1,178.10 1




24-205-513-0004-00      MCREYNOLDS JANICE               ASSESSABLE FEET:                   82
                        1761 DAVIS ST                   COST PER FOOT:                 $17.85
@ 1761.     DAVIS ST    MUSKEGON      Ml                ESTIMATED P.O. COST:   I    $1,463.70 1




24-205-513-0005-00      HILL RICHARD M                  ASSESSABLE FEET:                   50
                        1223 W LARCH AVE                COST PER FOOT:             $17.85
@ 1223. W LARCH AVE     MUSKEGON       Ml               ESTIMATED P.O. COST: ~I_ _$_8_92_.5_0~1




24-205-514-0009-00      FARRELL SCOTT D                 ASSESSABLE FEET:                   61
                        4464 MILLER                     COST PER FOOT:                 $17.85
@ 1191. W DALE AVE      NORTON SHOR Ml                  ESTIMATED P.O. COST:   I    $1,088.85 1




24-205-514-0010-00      CRANDLE DIANA L                 ASSESSABLE FEET:                   61
                        1732 DAVIS ST                   COST PER FOOT:                 $17.85
@ 1732.     DAVIS ST    MUSKEGON      Ml                ESTIMATED P.O. COST:   I    $1,088.85 1




24-205-514-0011-00      OCHS AGNES S/CINCUSH PATRI ASSESSABLE FEET:                        61
                        1188 W LARCH AVE                COST PER FOOT:                 $17.85
@ 1188. W LARCH AVE     MUSKEGON       Ml               ESTIMATED P.O. COST:   I    $1,088.85 1




24-205-519-0010-00      TORNGA PETER J/BOURDON R        ASSESSABLE FEET:                   61
                        1766 DAVIS ST                   COST PER FOOT:                 $17.85
@ 1766.     DAVIS ST    MUSKEGON          Ml            ESTIMATED P.O. COST:   I    $1,088.85 1




2/14/2003                                                                           Page 4 of 5
MILLING AND RESURFACING                 HEARING DATE        FEBRUARY 25, 2003

                      DAVIS, LAKETON TO SOUTHERN
24-205-519-0011-00         WALTERS JERRY                ASSESSABLE FEET:                    61
                           6182 BELL RD                 COST PER FOOT:                 $17.85
@ 1190. W LAKETON A        WHITEHALL     Ml             ESTIMATED P.O. COST:   I    $1,088.85      I

SUM OF ASSESSABLE FOOTAGE:           1780.15    SUM OF ESTIMATED P.O. COST:        $31,775.68    1
TOTAL NUMBER OF ASSESSABLE PARCELS      29.00




2/14/2003                                                                            Page 5 of 5
                                         SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD.
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                        Return This Card By FEBRUARY 25, 2003
    Project Title:              DAVIS, LAKETON TO SOUTHERN
    Project Description         MILLING & RESURFACING

     INSTRUCTIONS
     If you wish to have your written vote included as part of the tabulation of votes foiwarded to
     ttie 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 mall, simply fold on the dotted lines so the address on the reverse side is
 ··· sl ,oGVif ,g-, Be sui,eie seal IAe f.H"off.l--wlt"'-all-f,)11,101,14',t:ape,G>t<-&tapleJJ.rki>rto mai~Jl!!l, ,If._ -
     YOU DO NOT $END IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
     PROJECT.
     Assessment Information
    Property Address:                                   1190 IRELAND AVE
    Parcel Number                                        24-205-501-0010-00
    Assessable Frontage:                                 64,75         Feet
                                                                                                       RECEIVED -
   Estimated Front Foot Cost:                            $17.85        per Foot

   ESTIMATED TOTAL COST                                 $1,155.79                                      FEB 24 1003
   Property Description                                                                              c·    Clerks Office
   CITY OF ~'US~EGON
   ~EVISED Pl.AT OF 1903
   Bl.~ 501
   LOT :o
   & $ 1/2 OF VAC ALLEY

                                               Your vote COUNTS!
                                         -   ---- --·------------·-. -·-·          -~    ···----




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


                                                                                I AM OPPOSED

              ::::::::-4--=....L.::::,.,,.,:;.::..1..;;;:i._~ CoOwner/Spouse _ _ _ _ _ _ _ _ _ __
                                                                                                       tZ(
Signature                                                     Signature

Address                                                       Address

         Thank you for taking the time to vote on this important issue.                                            29
                              SPECIAL ASSt=,SSMENT

                         HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                  Return This Card By FEBRUARY 25, 2003
Project Title:         DAVIS, LAKETON TO SOUTHERN
Project Description    MILLING & RESURFACING

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:                         1781 DAVIS ST
Parcel Number                              24-205-513-0001-00
Assessable Frontage:                       66          Feet

Estimated Front Foot Cost:                 $17.85      per Foot
                                                                              RECEIVED
ESTIMATED TOTAL COST                      $1,178.10
Property Description
                                                                               FEB 2 4 2003
CITY OF MUSKEGON                                                             City Clerks Office
REVISED PLAT OF 1903
BLK 513
E 1/2 LOT 1


                                   Your vote COUNTS!




     Thank you for taking the time to vote on this important issue.
                                 SPECIAL ASSESSMENT
                            HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                     Return This Card By FEBRUARY 25, 2003
    Project Title:         DAVIS, LAKETON TO SOUTHERN
    Project Description   MILLING & RESURFACING

   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:                        1188 W LARCH AVE
    Parcel Number                             24-205-514-0011-00
    Assessable Frontage:                      61          Feet
                                                                                         RECEIVED
   Estimated Front Foot Cost:                 $17.85      per Foot
                                                                                         FEB 2 O2003
   ESTIMATED TOTAL COST                      $1,088.85
                                                                                        c· Clerks Offlee
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   BLK 514
   S 61 FT LOTS 10 & 11


                                      Your vote COUNTS!

                                                              ~,--•,··::;·?,'-;--:~'           '"



                          •
    Please vote either in favor or opposed to the Special Assj9SSnJ~n't Street Paving Project.


          I AM IN FAVOR                                       l,       ~A~-~PPOSED:IXJ ...


                                                                                                ____ _
                                                              u,,_     ··--.   ,_.,..




Owner                                       CoOwner/Spouse        (!_ /; tJu fvi,2_ f
                                                                 ---·                   _;___..;_


Signature                                          Signature .     f; cL,U--G,£-             G,     2;,z,,,:_0'-j/,-"';/c......-
Address                                            Add ress        /   7 {I 7           !}?2--ZL--1/kz=_
                                                                                                                      24
        Thank you for taking the time to vote on this important issue.
                                         SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                       Return This Card By FEBRUARY 25, 2003
    Project Title:              DAVIS, LAKETON TO SOUTHERN
    Project Description        MILLING & RESURFACING

    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:                                1597 DAVIS ST
    Parcel Number                                    24-205-494-0005-06
    Assessable Frontage:                             50         Feet
                                                     $17.85     per Foot
    Estimated Front Foot Cost:                                                 ReCEIVEO
   ESTIMATED TOTAL COST                              $892.50
                                                                               FEB 21 2003
   Property Description
                                                                            City Clerks Office
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   BU( 494
   PART or;LOT 5
   COM AT THE SE CORNER OF LOT 5

                                               Your vote COUNTS!


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

          I AM IN FAVOR        0
Owner         Q.An; e/      M(CcLyY)IIC/j:'.'._     CoOwner/Spouse

Signature     ;/(/M,_,_.l,,(,{I. )Ji•-' .. ,~/::_         Signature

Address       J.511    lk>:) s+                           Address

                                                                                              19
        Thank you for taking the time to vote on this important issue.
                                            SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                     Return This Card By FEBRUARY 25, 2003
    Project Title:            DAVIS, LAKETON TO SOUTHERN
    Project Description       MILLING & RESURFACING

   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:                                 1611 DAVIS ST
    Parcel Number                                      24-205-494-0001-00
                                                                                          ·RecE1vEo
    Assessable Frontage:                              52.75     Feet
                                                      $17.85    per Foot
                                                                                              FEB 2 5 2003 -
   Estimated Front Foot Cost:
                                                      $941.59
                                                                                            CL_Qlerks Office
   ESTIMATED TOTAL COST
   Property Description
   CITY OF MUSKEGON
                                                                                               H· K       ' 11111 ·,
   REVISED PLAT OF 1903
   BLK 494                                                                                   City Clerks Office
   LOT 1


                                                 Your vote COUNTS!


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


          I AM IN FAVOR       rz]'                                         I AM OPPOSED             •
Owner

Signature
             ~z~-
               .lie. c,   ,
                                  0~✓
                                  zr/ ,/. /·
                                                     CoOwner/Spouse
                                                          Signature
                                                                           _·s'e:tb
                                                                       ::Pi t' ,jj\
                                                                                       t<c;n+,1 0
                                                                                         ccfs/vli (W;
                              (    )
Address        / ( /I ,,(!,,           i,   .r ) /        Address      /   /n I/      /)Cl'iii:S:   S'+
                                                                                                                 17
        Thank you for taking the time to vote on this important issue.
                      SPECIAL ASSESSIVIENT                                      H 1563

MILLING AND RESURFACING                 HEARING DATE        FEBRUARY 25,2003

                      DAVIS, LAKETON TO SOUTHERN
24-205-494-0001-00      KANTOLA KEVIN                  ASSESSABLE FEET:                    52.75\05
                        1611 DAVIS ST                  COST PER FOOT:                $17.85
@ 1611.    DAVIS ST     MUSKEGON      Ml               ESTIMATED P.O. COST:     ~I_ _
                                                                                    $9_4_1._59_,!




24-205-494-0002-00     SCHMIDT JEFFERY A               ASSESSABLE FEET:                    52. 75
                       1605 DAVIS                      COST PER FOOT:                   $17.85
@ 1605.    DAVIS ST    MUSKEGON      Ml                ESTIMATED P.O. COST:            $;_9_4_1._59_,!
                                                                                . _ I_ _




24-205-494-0005-04     MERWIN DAVID B                  ASSESSABLE FEET:                     61.9
                       1565 DAVIS ST                   COST PER FOOT:                   $17.85
@ 1565.    DAVIS ST    MUSKEGON      Ml                ESTIMATED P.O. COST:    I     $1,104.92       I

                                                       ASSESSABLE FEET:                        81 ~
                                                                                                         0
24-205-494-0005-05      LONG ALLAN/BETTY
                        1589 DAVIS ST                  COST PER FOOT:                   $17.85
@ 1589.    DAVIS ST     MUSKEGON      Ml               ESTIMATED P.O. COST:     I    $1,445.85       I

24-205-494-0005-06      MCCORMACK DANIEL W/NANCY ASSESSABLE FEET:                              so\{¢
                        1597 DAVIS ST                  COST PER FOOT:                 $17.85
@ 1597.    DAVIS ST     MUSKEGON         Ml            ESTIMATED P.O. COST: l.___$;_8_92_.5_0_,!




                        PRUITT PAUL D                  ASSESSABLE FEET:                        78
24-205-500-0001-00
                        1212 W. DALE AVE.              COST PER FOOT:                    $17.85
@ 1212. W DALE AVE      MUSKEGON       Ml              ESTIMATED P.O. COST:     I     $1,392.30      I


24-205-500-0002-00      ROOD MARCELLA                  ASSESSABLE FEET:                        54
                        1659 DAVIS ST                  COST PER FOOT:                $17.85
@ 1659.    DAVIS ST     MUSKEGON      Ml               ESTIMATED P.O. COST: l.__$:_9_63_.9_0_,!




2/25/03                                                                                Page 1 of 5
MILLING AND RESURFACING               HEARING DATE        FEBRUARY 25,2003

                      DAVIS, LAKETON TO SOUTHERN
24-205-500-0003-00     GORKISCH JEFFREY L            ASSESSABLE FEET:                   66
                       1651 DAVIS ST                 COST PER FOOT:                 $17.85
@ 1651.    DAVIS ST    MUSKEGON      Ml              ESTIMATED P.O. COST:   I    $1,178.10 1




24-205-500-0004-00     LLOYD H KEVIN/SUSAN K         ASSESSABLE FEET:                   66
                       419 OAKNOLL                   COST PER FOOT:                 $17.85
@ 1641.    DAVIS ST    MUSKEGON       Ml             ESTIMATED P.O. COST:   I    $1,178.10 1




24-205-500-0005-00     BANKERS TRUST COMPANY OF ASSESSABLE FEET:                        66
                       ONE E 4TH ST                  COST PER FOOT:                 $17.85
@ 1631.    DAVIS ST    CINCINNATI      OH            ESTIMATED P.O. COST:   I    $1,178.10 1




24-205-501-0010-00    FOSSLER GINA J                 ASSESSABLE FEET:                64.75
                      1190 IRELAND AVE               COST PER FOOT:                 $17.85
@ 1190.    IRELAND AV MUSKEGON       Ml              ESTIMATED P.O. COST:   I    $1,155.79 1




24-205-509-0009-00    GOULET WILLIAM K               ASSESSABLE FEET:
                      1189 IRELANDAVE                COST PER FOOT:                 $17.85
@ 1189.    IRELAND AV MUSKEGON      Ml               ESTIMATED P.O. COST:   I    $1,088.85 1




24-205-509-0010-00     KOTECKI MATTHEW/BERDINSKI ASSESSABLE FEET:                       61
                       1190 W DALE AVE               COST PER FOOT:                 $17.85
@ 1190. W DALE AVE     MUSKEGON       Ml             ESTIMATED P.O. COST:   I    $1,088.85 1




24-205-510-0001-00     PLOUHAR JUDITH A TRUST        ASSESSABLE FEET:                   50
                       1733 DAVIS ST                 COST PER FOOT:              $17.85
@ 1733.    DAVIS ST    MUSKEGON      Ml              ESTIMATED P.O. COST:   ~I__$_8_92_.5_0~1




2/25/03                                                                           Page 2 of 5
MILLING AND RESURFACING              HEARING DATE          FEBRUARY 25,2003

                      DAVIS, LAKETON TO SOUTHERN
24-205-510-0002-00     POULIN MONTY L                ASSESSABLE FEET:                    65
                       1723 DAVIS                    COST PER FOOT:                   $17.85
@ 1723.    DAVIS ST    MUSKEGON      Ml              ESTIMATED P.O. COST:     I    $1,160.25     1




24-205-510-0003-00     MARTINEZ LOUIE
                       1715 DAVIS ST
                                                     ASSESSABLE FEET:
                                                     COST PER FOOT:              $17.85
                                                                                         49    \2
@ 1715.    DAVIS ST    MUSKEGON       Ml             ESTIMATED P.O. COST: '-I_ _$_8_74_.6_5_,I




24-205-510-0003-10     MAXWELL JOSEPH B/BARBARA ASSESSABLE FEET:                   50            Jo
                       1707 DAVIS ST            COST PER FOOT:               $17.85
@ 1707.    DAVIS ST    MUSKEGON      Ml         ESTIMATED P.O. cosT: '-I_ _$:_8_92_.5_o_,I




24-205-510-0004-00     BRATSBURG GREGORY J
                       1703 DAVIS ST
                                                     ASSESSABLE FEET:
                                                     COST PER FOOT:                $17.85
                                                                                         50    ~t
@ 1703.    DAVIS ST    MUSKEGON      Ml              ESTIMATED P.O. COST: l'--_$_8_92_.5_0_,I




24-205-510-0005-00     FISH ANN F                    ASSESSABLE FEET:                    66
                       1213 W DALE AVE               COST PER FOOT:                  $17.85
@ 1213. W DALE AVE     MUSKEGON       Ml             ESTIMATED P.O. COST: I       $1,178.10      1




24-205-513-0001-00     MACHOWSKI SCOTT/DEBRA K       ASSESSABLE FEET:                    66      ~u
                       1781 DAVIS ST                 COST PER FOOT:                  $17.85
@ 1781.    DAVIS ST    MUSKEGON      Ml              ESTIMATED P.O. COST: I       $1,178.10      1




24-205-513-0002-00     M-THREE LLC                   ASSESSABLE FEET:                    66
                       3361 FULTON                   COST PER FOOT:                   $17.85
@ 1777.    DAVIS ST    MUSKEGON       Ml             ESTIMATED P.O. COST:     I    $1,178.10     1




2/25/03                                                                            Page 3 of 5
MILLING AND RESURFACING            HEARING DATE        FEBRUARY 25,2003

                      DAVIS, LAKETON TO SOUTHERN
24-205-513-0003-00     VANDERWALL JAMES/PAUL KAT ASSESSABLE FEET:                   66
                       1771 DAVIS ST             COST PER FOOT:                 $17.85
@ 1771.    DAVIS ST    MUSKEGON      Ml          ESTIMATED P.O. COST:    I   $1.178.10 1




24-205-513-0004-00     MCREYNOLDS JANICE          ASSESSABLE FEET:                  82
                       1761 DAVIS ST              COST PER FOOT:                $17.85
@1761.     DAVIS ST    MUSKEGON      Ml           ESTIMATED P.O. COST:   I   $1,463.70     1




24-205-513-0005-00  HILL RICHARD M                ASSESSABLE FEET:                  50     Jo
                    1223 W LARCH AVE              COST PER FOOT:               $17.85
@ 1223. W LARCH AVE MUSKEGON       Ml             ESTIMATED P.O. COST:   I    $892.50      1




24-205-514-0009-00     FARRELL SCOTT D            ASSESSABLE FEET:                 61
                       4464 MILLER                COST PER FOOT:                $17.85
@ 1191. W DALE AVE     NORTON SHOR Ml             ESTIMATED P.O. COST:   I   $1,088.85 1




24-205-514-0010-00     CRANDLE DIANA L            ASSESSABLE FEET:                 61
                       1732 DAVIS ST              COST PER FOOT:                $17.85
@ 1732.    DAVIS ST    MUSKEGON      Ml           ESTIMATED P.O. COST:   I   $1,088.85     1




24-205-514-0011-00  OCHS AGNES S/CINCUSH PATRI ASSESSABLE FEET:                    61    0'1l
                    1188 W LARCH AVE           COST PER FOOT:                   $17.85
@ 1188. W LARCH AVE MUSKEGON       Ml          ESTIMATED P.O. COST:      I   $1.088.85     1




24-205-519-0010-00     TORNGA PETER J/BOURDON R ASSESSABLE FEET:                   61
                       1766 DAVIS ST            COST PER FOOT:                  $17.85
@ 1766.    DAVIS ST    MUSKEGON      Ml         ESTIMATED P.O. COST:     I   $1,088.85     1




2/25/03                                                                      Page 4 of 5
MILLING AND RESURFACING                 HEARING DATE        FEBRUARY 25,2003

                      DAVIS, LAKETON TO SOUTHERN
24-205-519-0011-00         WALTERS JERRY                ASSESSABLE FEET:                    61
                           6182 BELL RD                 COST PER FOOT:                 $17.85
@ 1190. W LAKETON A        WHITEHALL     Ml             ESTIMATED P.O. COST:   I    $1,088.85 1




SUM OF ASSESSABLE FOOTAGE:           1780.15    SUM OF ESTIMATED P.O. COST:        $31,775.68    1
TOTAL NUMBER OF ASSESSABLE PARCELS      29.00




2/25/03                                                                              Page 5 of 5
                                                                                   H-1563 DAVIS, LAKETON TO SOUTHERN

                                                                 PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION




TOTAL ASSESSABLE FRONT FOOTAGE

FRONT FEET OPPOSED

RESPONDING FRONT FEET IN FAVOR
                                                  Em

                                                  1780.150 ***

                                                    433.75

                                                   201,750
                                                                  _,
                                                                 P!;;:BC!;N!AG!;




                                                                  .2d'- 7 .r

                                                                    11.33%
                                                                                     LETTER#
                                                                                       10
                                                                                        8
                                                                                       19
                                                                                       17
                                                                                               ST#
                                                                                               1703
                                                                                               1715
                                                                                               1597
                                                                                               1611
                                                                                                       ST NAME
                                                                                                        DAVIS
                                                                                                        DAVIS
                                                                                                        DAVJS
                                                                                                        DAVIS
                                                                                                                FOR
                                                                                                                          PARCEL#
                                                                                                                                  TOTAL NUMBER OF PARCELS - 29



                                                                                                                      24-205-510-0004-00
                                                                                                                      24-205-510-0003-00
                                                                                                                      24-205-494-0005-06
                                                                                                                      24-205-494-0001-00
                                                                                                                                            FEET
                                                                                                                                            50.00
                                                                                                                                            49_00
                                                                                                                                            50.00
                                                                                                                                            52.75
                                                                                                                                                    LETTER#
                                                                                                                                                      20
                                                                                                                                                       9
                                                                                                                                                      23
                                                                                                                                                       5
                                                                                                                                                      24
                                                                                                                                                              ST#
                                                                                                                                                               1589
                                                                                                                                                               1707
                                                                                                                                                               1766
                                                                                                                                                              1223
                                                                                                                                                               1188
                                                                                                                                                                      ST NAME
                                                                                                                                                                        DAVIS
                                                                                                                                                                        DAVIS
                                                                                                                                                                        DAVIS
                                                                                                                                                                      WLARCH
                                                                                                                                                                      WLARCH
                                                                                                                                                                                 OPPOSE
                                                                                                                                                                                       PARCEL#
                                                                                                                                                                                   24-205<494-0005-05
                                                                                                                                                                                   24-205-510-0003-10
                                                                                                                                                                                   24•205-519-0010-00
                                                                                                                                                                                   24-205-513-0005-00
                                                                                                                                                                                   24-205-514-0011-00
                                                                                                                                                                                                         FEET
                                                                                                                                                                                                         81.00
                                                                                                                                                                                                         50.00
                                                                                                                                                                                                         61.00
                                                                                                                                                                                                         50.00
                                                                                                                                                                                                         61.00
                                                                                                                                                      29       1190    IRELAND     24-205-501-0010-00    64.75
NOT RESPONDING - FRONT FEET IN FAVOR              1144.650          64.30%                                                                             1       1781     DAVIS      24-205-513-0001-00    66.00

TOTAL FRONT FEET IN FAVOR                        1346.400           75.63%




                                                                                    TOTALS                                                 201.75                                                       433.75




                            TABULATED AS OF: 03:58 PM



                                                                                                                                  2/25/034:34 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON DAVIS.xis
Date: February 25, 2003
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       Sale of Capital Improvement (Sidewalk) Bonds



SUMMARY OF REQUEST: Bids will be opened at 2:00PM on Tuesday,
February 25, 2003 for sale of $1,575,000 capital improvement bonds as previously
approved by the City Commission. Proceeds of the bond sale will be used to finance
the final three years of the City's sidewalk program and will be repaid through special
assessments on benefiting properties. The City Commission is asked to adopt the
attached awarding resolution assuming acceptable bids are received.



FINANCIAL IMPACT: Interest costs will be known at the time bids are opened
and the Commission will be provided with a summary.



BUDGET ACTION REQUIRED: Debt service costs will be included in the City's
budget for the life of the bonds.



STAFF RECOMMENDATION: Approval of the attached awarding resolution
(assuming acceptable bids are received).



COMMITTEE RECOMM ENDATION: None.




9/18/97
Founded in 1852                                                                                        MICIDGAN:   Ann Arbor
by Sidney Davy Miller                                                                                 Detroit• Grand Rapids
                                             MILLER                                                     Howell • Kalamazoo
                                                                                                     Lansing• Monroe• Troy

                                             CANFIELD
                                             MlllER, CANFIELD, PADDOCK AND STONE, PLC.
                                                                                                              NewYork,NY
                                                                                                             Pensacola, FL
                                                                                                            Washington, DC
                                                                                                       CANADA:   Windsor, ON
JOELL. PIELL                                      150 West Jefferson, Suite 2500                            POLAND:   Gdynia
TEL: (313) 496-7518                                 Detroit, Michigan 48226                              Katowice• Warsaw
FAX: (313) 496-8450
                                                      TEL: (313) 963-6420
E-MAIL: piell@millcrcanfield.com
                                                      FAX: (313) 496-7500
                                                    www.millercanfield.com


                                                      February 13, 2003
         Mr. Timothy J. Paul
         Finance Director
         City of Muskegon
         933 Te1rnce St
         PO Box 536
         Muskegon, MI 49443-0536                                                         Via Email

         Dear Tim:

                 In connection with the City's capital improvement bond issue, the sale for which has been
         set for February 25'\ I attach a form of awarding resolution which the City Commission may use
         on that date to award the bonds to the successful purchaser. I also attach a copy of the Official
         Notice of Sale as same has been submitted to the Bond Buyer to publish no later than February
         17'\ It will not be necessary to publish this notice locally.
                 Our transcript in this matter is complete up to the point of sale with the exception of
         affidavits of publication of the bond authorizing resolution adopted January 30 th • I would ask
         that you send these along to me if possible in advance of the sale.

                As I indicated via email, I will be out of state on the 25 th and would ask if you wish to
         have someone in attendance at the sale so that I may arrange same.

                   If you have any questions regarding this, please let me know.

                                            Very truly yours,

                                            MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.


                                            By:--------------------
                                              Joel L. Piell

         Enclosures
         cc:    Warren M. Creamer, III (letter only)
        Hard copies via U.S. Mail

        DE LIB :2390 I 07.1 \063684-00032
                                        OFFICIAL NOTICE OF SALE

                                        $1,575,000
                                   CITY OF MUSKEGON
                         COUNTY OF MUSKEGON, STATE OF MICHIGAN
                     GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2003

            SEALED OR FAXED BIDS: Bidders may submit bids for the purchase of the above
      bonds as follows:

             SEALED BIDS will be received by the undersigned at the offices of the City Clerk of the
      City of Muskegon (the "City") located at 933 Ten-ace Street, Muskegon, Michigan 49443-0536
      on Tuesday, the 25th day of February, 2003 until 2:00 p.m., Eastern Standard Time, at which
      time and place said bids will be publicly opened and read.

             FAXED BIDS: Signed bids may be submitted by members of the Municipal Advisory
      Council of Michigan to the Municipal Advisory Council of Michigan at (313) 963-0943; or at
      the offices of the City at (231) 724-6768, attention: Tim Paul, provided that faxed bids must
      arrive before the time of sale and the bidder bears all risks of transmission failure and the
!Ji   GOOD FAITH DEPOSIT MUST BE MADE AND RECEIVED as described in the section
~~    contained "GOOD FAITH" below.
~




i
~
             ELECTRONIC BIDS: Electronic bids will also be received on the same date and until the same
      time by Bidcomp/Parity as agent of the undersigned. Further information about Bidcomp/Parity,
      including any fee charged, may be obtained from Bidcomp/Parity, Anthony Leyden or CLIENT
~     SERVICES, 40 West 23 rd Street, New York, New York 10010, (212) 404-8102. NO ELECTRONIC
~     BID WILL BE ACCEPTED UNLESS THE BIDDER HAS SUBMITTED A FINANCIAL SURETY
'     BOND OR A CERTIFIED OR CASHIERS CHECK IN THE AMOUNT DESCRIBED IN THE
      SECTION CAPTIONED "GOOD FAITH" BELOW. IF ANY PROVISIONS OF THIS NOTICE OF
      SALE SHALL CONFLICT WITH INFORMATION PROVIDED BY BIDCOMP/PARITY, AS THE
      APPROVED PROVIDER OF ELECTRONIC BIDDING SERVICES, THIS NOTICE OF SALE
      SHALL CONTROL.

             Bidders may choose any means or location to present bids but a bidder may not present a bid in
      more than one location or by more than one means.

             BOND DETAILS: The bonds will be registered bonds of the denomination of$5,000 or
      multiples thereof not exceeding for each maturity the maximum principal amount of that
      maturity, originally dated as of March 1, 2003, numbered in order of registration, and will bear
      interest from their date payable on June 1, 2003, and semiannually thereafter.

             The bonds will mature on the 1st day of June in each of the years, as follows:
                                             Amount

                2004, 2005 and 2006              $105,000
                   2007 and 2008                 110,000
                       2009                      115,000
                  2010 and 2011                  120,000
                       2012                      125,000
                       2013                      130,000
                       2014                      135,000
                       2015                      145,000
                       2016                      150,000

            NO PRIOR REDEMPTION OF BONDS: Bonds of this issue shall not be subject to
      redemption prior to maturity.

             TERM BONDS. Bids for the Bonds may be converted into one or more term bonds
0
      having mandatory sinking fund redemption's equal to the serial maturities maturing in the years
o'    2004 through 2016. In the event there is an election to exercise the term bond option true
"'~   interest costs to be determined shall be calculated by applying the interest rate of such term
~     bonds to each mandatory sinking fund redemption for such term bonds. The winning bidder
~     must exercise such election as part of its bid.
0
~
ci
iii
             INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at rate or
~     rates not exceeding 6% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8
"'    or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only and all bonds
~
,     maturing in any one year must carry the same interest rate. No proposal for the purchase of less
      than all of the bonds or at a price less than 98% of their par value will be considered. The
      interest rate for each bond shall be equal to or greater than the preceding bond maturity.

              BOOK-ENTRY ONLY: The bonds will be issued in book-entry only form as one fully
      registered bond per maturity and will be registered in the name of Cede & Co., as bondholder
      and nominee for The Depository Trust Company ("DTC"), New York, New Yorlc. DTC will act
      as securities depository for the bonds. Purchase of the bonds will be made in book-entry-only
      form, in the denomination of $5,000 or any multiple thereof. Purchasers will not receive
      certificates representing their interest in bonds purchased.

              TRANSFER AGENT AND REGISTRATION:                    Principal shall be payable at the
      principal corporate trust office of National City Bank of Michigan/Illinois, Troy, Michigan, or
      such other transfer agent as the City may hereafter designate by notice mailed to the registered
      owner of record not less than 60 days prior to an interest payment date. Interest shall be paid by
      check mailed to the registered owner of record as shown on the registration books of the City as
      of the 15th day prior to an interest payment date. The bonds will be transferred only upon the
      registration books of the City kept by the transfer agent.


                                                     -2-
            PURPOSE AND SECURITY: The bonds are authorized for the purpose of paying all or
     part of the cost of certain capital improvements together with all related improvements in the
     City. The bonds will be a first budget obligation of the City, payable as a first budget obligation
     from the general funds of the City including the collection of ad valorem taxes on all taxable
     property in the City subject to applicable constitutional and statutory tax rate limitations. The
     rights or remedies of bondholders may be affected by bankruptcy insolvency, fraudulent
     conveyance or other laws affecting creditors' rights generally now existing or hereafter enacted
     and by the application of general principles of equity including those relating to equitable
     subordination.

             GOOD FAITH: A certified or cashier's check drawn upon an incorporated bank or trust
     company or a Financial Surety Bond, in the amount of $31,500, and payable to the order of the
     Treasurer of the City is required for each bid as a guaranty of good faith on the part of the
     bidder, to be forfeited as a portion of the City's damages if such bid be accepted and the bidder
     fails to take up and pay for the bonds. If a check is used, it must accompany each bid. If a
     Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
     bond in the State of Michigan and such Bond must be submitted to the City's financial advisor
0
     at least one hour prior to the opening of the bids. The Financial Surety Bond must identify each
~    bidder whose good faith deposit is guaranteed by such Financial Surety Bond. If the bonds are
~    awarded to a bidder utilizing a Financial Surety Bond, then that purchaser (the "Purchaser") is
!l   required to submit its good faith deposit to the City in the form of a cashier's check (or wire
"    transfer such amount as instructed by the City or its financial advisor) not later than Noon,
i    Eastern Standard Time, on the next business day following the award. If such good faith deposit
~    is not received by that time, the Financial Surety Bond may be drawn upon by the City to satisfy
~

~    the good faith deposit requirement. The good faith deposit will be applied to the purchase price
g    of the bonds. In the event the purchaser fails to honor its accepted bid, the good faith deposit
~    will be retained by the City. No interest shall be allowed on the good faith check and checks of
     the unsuccessful bidders will be returned to each bidder's representative or by overnight
     delivery. The good faith check of the successful bidder will be cashed and payment for the
     balance of the purchase price of the bonds shall be made at the closing.

            A WARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the
     lowest true interest cost determined in the following manner: the lowest true interest cost will be
     the single interest rate (compounded on June 1, 2003 and semi annually thereafter) necessary to
     discount the debt service payments from their respective payment dates to March 1, 2003, in an
     amount equal to the bid price, excluding accrued interest.

            TAX MATTERS: In the opinion of bond counsel, assuming compliance with certain
     covenants, interest on the bonds is excluded from gross income for federal income tax purposes
     as described in the opinion, and the bonds and interest thereon are exempt from all taxation in
     the State of Michigan except inheritance and estate taxes and taxes on gains realized from the
     sale, payment or other disposition thereof. The successful bidder will be required to furnish,
     prior to the delivery of the bonds, a certificate in a form acceptable to bond counsel as to the
     "issue price" of the bonds within the meaning of Section 1273 of the Internal Revenue Code of
     1986.

                                                    -3-
            "NOT QUALIFIED TAX EXEMPT OBLIGATIONS": The City has not designated the
    bonds as "qualified tax exempt obligations" for purposes of deduction of interest by financial
    institutions.

           LEGAL OPINION: Bids shall be conditioned upon the approving opinion of Miller,
    Canfield, Paddock and Stone, P.L.C., attorneys of Detroit, Michigan, a copy of which opinion
    will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees
    of Miller, Canfield, Paddock and Stone, P.L.C. for services rendered in connection with such
    approving opinion are expected to be paid from bond proceeds. Except to the extent necessary
    to issue its approving opinion as to validity of the above bonds, Miller, Canfield, Paddock and
    Stone, P.L.C. has not been requested to examine or review and has not examined or reviewed
    any financial documents, statements or materials that have been or may be furnished in
    connection with the authorization, issuance or marketing of the bonds, and accordingly will not
    express any opinion with respect to the accuracy or completeness of any such financial
    documents, statements or materials. In submitting a proposal for the bonds, the bidder agrees to
    the representation of the City by Miller, Canfield, Paddock and Stone, P.L.C., as bond counsel.

            DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense.
    Bonds will be delivered without expense to the purchaser at DTC in New York, New York, or
f   such other place to be agreed upon. The usual closing documents, including a certificate that no
0   litigation is pending affecting the issuance of the bonds, will be delivered at the time of delivery
~
g   of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time,
~   on the 45th day following the date of sale, or the first business day thereafter if said 45th day is
~   not a business day, the successful bidder may on that day, or any time thereafter until delivery of
~   the bonds, withdraw its proposal by serving notice of cancellation, in writing, on the
g   undersigned in which event the City shall promptly return the good faith deposit. Payment for
,   the bonds shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of
    the bonds shall be paid by the purchaser at the time of delivery.

           CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed
    on the bonds, but neither the failure to print such numbers on any bonds nor any error with
    respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept
    delivery of and pay for the bonds in accordance with terms of the purchase contract. All
    expenses in relation to the printing of CUSIP numbers on the bonds shall be paid for by the
    City; provided, however, that the CUSIP Service Bureau charge for the assignment of such
    numbers shall be the responsibility of and shall be paid for by the purchaser.

           OFFICIAL STATEMENT: A copy of the Official Statement relation to the Bonds may
    be obtained by contacting Robert W. Baird & Co., at 1001 Bay Street, Traverse City, Michigan
    49684, telephone number: 231-933-8447, fax number: 231-933-8448. The Official Statement is
    in a form deemed final by the City for purposes of paragraph (b)(l) of SEC Rule 15c2-12 (the
    "Rule"), but is subject to revision, amendment and completion in a final Official Statement.

           After the award of the bonds, the City will provide on a timely basis 100 copies of the
    final Official Statement, as that term is defined in paragraph (e)(3) of the rule, at the expense of


                                                    -4-
      the City (and such additional copies of the final Official Statement as reasonably requested by,
      and at the expense of, the successful bidder or bidders) to enable the successful bidder or bidders
      to comply with paragraph (b )( 4) of the Rule and the rules of the Municipal Securities
      Rulemaking Board. Requests for such additional copies of the final Official Statement shall be
      made to Robert W. Baird & Co., at the above address within 24 hours of the award of the bonds.

              CONTINUING DISCLOSURE: As described in greater detail in the Official Statement,
      the City will agree in the resolution to provide or cause to be provided, in accordance with the
      requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and exchange
      Commission, (i) on or prior to the 1st day of the sixth month following the end of the fiscal year
      of the City, commencing with the fiscal year ending June 30, 2003, certain annual financial
      information and operating data, including audited financial statements for the preceding fiscal
      year, (or if audited financial statements are not available, unaudited financial statements)
      generally consistent with the information contained or cross-referenced in the Official Statement
      relating to the Bonds, (ii) timely notice of the occurrence of certain material events with respect
      to the Bonds and (iii) timely notice of a failure by the City to provide the required annual
      financial information on or before the date specified in (i) above.

            FINANCIAL ADVISOR: Further information relating to the bonds may be obtained
~     from Robert W. Baird & Co. at the address and telephone numbers listed above.
~
Q
~
      THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
I
~
            ENVELOPES containing the bids should be plainly marked "Proposal for General
;;:   Obligation Limited Tax Bonds, Series 2003."
/j
n'
,~
                                                Gail Kundinger
                                                City Clerk
                                                City of Muskegon


      DELIB:238943 l .21063684-00032




                                                     -5-
                                              2003-21 (a)
                                   RESOLUTION RE AWARD OF BONDS



                                            CITY OF MUSKEGON
                                     County of Muskegon, State of Michigan

        Minutes of a regular meeting of the City Commission of the City of Muskegon, County

of Muskegon, Michigan (the "City" or "Issuer"), held on the 25th day of February, 2003, at 5:30

o'clock p.m., Eastern Standard Time.

PRESENT:        Members Mayor Warmington. Vice Mayor Buie, Commissioner

            Corrmissioners Gawron, Larson, Schweifler, Shepherd & Spataro

ABSENT:         Members _J'Jeill]ce_____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

       The following preamble and resolution were offered by Member Spa taro                                                   and

supported by Member _T,.,,«a~r1;s-Uoc.uu'-------

       WHEREAS, February 25, 2003, at 2:00 o'clock p.m., Eastern Standard Time, has been

set as the date and time for opening bids for the purchase of the Issuer's General Obligation

Limited Tax Bonds, Series 2003;

       AND WHEREAS, said bids have been publicly opened and read;

       AND WHEREAS, the bids attached hereto and made part hereof have been received.

       AND WHEREAS, the bid of _ ___,,Ru.oub.u.eur...Jt~.-'wru...,_E=a..i.i_..r_,_,d~&,.__cLJ.J_a_ _ has been determined

to produce the lowest interest cost to the Issuer.

       NOW, THEREFORE, BE IT RESOLVED THAT:

       I.      The bid of __Rcco"-b"""'e,,_r.,,_t__,,w_,_.____.kBceac,i'-"r'--'d'--"'-&---'"C'-"o'--'.----' as above stated, be and

the same is hereby accepted.

       2.      Checks of the unsuccessful bidders be returned to each bidder's representative or
      by registered mail.

              3.      The Issuer hereby covenants that, to the extent permitted by law, it shall take all

      actions within its control necessary to maintain the exclusion of the interest on the Bonds from

      adjusted gross income for general federal income tax purposes under the Internal Revenue Code

      of 1986, as amended (the "Code"), including, but not limited to, actions relating to the rebate of

      arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and

      moneys deemed to be Bond proceeds.

              4.      All changes respecting the Bonds set forth in the notice of sale published in

      connection with the sale of the bonds and the notice of sale be and are hereby approved and
cj
__;

~     ratified.
z
0
Iii
0
~             5.      All resolutions and parts of resolutions insofar as they conflict with the provisions
"'
0



I
..,
0
w
      of this resolution be and the same hereby are rescinded.
ii:
z
5
a'.
j
:E




      AYES:           Members     Buie, Gawron, Larson, Schweifler, Shepherd

                   Spataro, Warmington

      NAYS:           Members   _ ___._._._~'---- -- - -- - - - --          - -----

      RESOLUTION DECLARED ADOPTED.                    I               .

                                                   ~ Q~~ City Clerk




                                                       -2-
         I hereby certify that the foregoing is a true and complete copy of a resolution adopted by

the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a

regular meeting held on February 25, 2003, and that said meeting was conducted and public

notice of said meeting was given pursuant to and in full compliance with the Open Meetings

Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were

kept and will be or have been made available as required by said Act.


                                         tli_Q _L~ .
                                                   City Clerk            ~

DELIB:2390064. 1\063684-00032




                                                -3-
                             $1,575,000
                          City of Muskegon
                County of Muskegon, State of Michigan
        GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2003


                                      Interest Rate Summary
Due        Principal
1-Jun      Amount      McDonald    Wachovia     Citizens, Flint   Robert W. Baird
2004        $105,000       2.00          2.00              2.50              2.00
2005        $105,000       2.00          2.00              2.50              2.00
2006        $105,000       2.00          2.25              2.50              2.00
2007        $110,000       2.10          2.50              2.50              2.38
2008        $110,000       2.55          2.75              2.50              2.88
2009        $115,000       2.90          3.00              2.90              3.13
2010        $120,000       3.25          3.25              3.20              3.50
2011        $120,000       3.50         3.50               3.45              3.50
2012        $125,000       3.65         3.63               3.60              3.70
2013        $130,000       3.75         3.75               3.70              3.80
2014        $135,000       3.90         3.85               3.90              3.90
2015        $145,000       4.00         3.90               4.00              4.00
2016       ~150,000        4.10         4.00               4.10              4.05
          $1,575,000

                TIC     3.713032     3.712017         3.749212           3.650885
F~b 25 03 02:14p                              MAC of' MI                                                      (313)       963-0943                    p.3




    i''
  i
::,
    f                                                                             Bll>FORM
_., ,,
..                                                                                $1,575,000
 ''
;l,                                                                   CITY OF MUSKEGON
                                                           ColUlll ef 111.,kqoa, Stale uf Michigan
:j
                                                        Cmenl Obllgallon Llmllod Tu Boad1, Serit0 !003
..,;,
   '
·'·( '! '        Mt. Gail KundiiqJu, Ciiy Clork                                                                                    Feb,uuy 2S, ZOOJ
:L.
;         !
                 City of Muokegon
                 933 rein.. Suoet
                 P.O. Box533
                 MU>b8"'1, Michislll 49"3
              .... P.hono Nwnbor: (23 I) 724-6709
                   Fox Number:    (23 I) 72H768

                 Dear Mr. Paul,

                      Rctm=, is made IO your "Officio! Notice of Sale" of !ho City'• $1,575,000 O=ral Obligation Limited T.x Bond,,
                 Sori.. 2003.

                        Fot your legally j15ued bonds. H de.tcribed in uid notice of ••le,~ will pay you par and ac.crued interest from dlte of
                 i9.1UI:. to date of dcliwry to "'• plu:..,a paenW.a4ess & discount (cro!\S out the non-fpplieable flhnte) or S~'5for bonds
                 matoring and bea,ing in._l u !bllow,:
                                                                      2.Ul %
                                     June: l, 2004
                                     lwicl,2005
                                     June I, 2006
                                                                      1-;   %
                                                                                                Jone I, 2012
                                                                                                lune I, 2013
                                                                                                                             ~%
                                                                                                                              ~ %
                                                                      ~
                                                                                                June t, io14__.              -~%
                                     June I, 2007
                                     J_, I, 2008                      ~%
                                                                            1/,                 June I, 201S
                                                                                                June I, 2016                 33:%    %
                                     June I, 2009                     ~%
                                     JUDO I, 2010
                                     June 1,1011                      ~%%

                     The following bn• been de.,jpted II Term Bonds.

                                              Mtnd•ton: Redmmtion.s                                                     Mm1t!OO' Rcdrjmptjpnt
                                              From,..__        To_ _                                                       Fn>IIL_..       To__
                                              Fro'"--          To_                                                         From__          To__

                     n,. bid it for oll or none oftbe bond,.
                     Attached herelo u (C.ohior',) (Certlrtod)·Oi,ok No, _ or Financial Surely Bona dta"tl on the - - ~ in the
                IIDIOunl of Sl!,500, which i, our Oood Faith:l)•po•il ud whioh it oubmitted under the tcnna tel forth in Ibo "Official

              . ,!'lot::~~~~b all,t                   Robert w. Baird & Co. Re,pe<llul;ym•'tt,d,.                         /h.. -~- .. --~, -
,•'i
                    of .ocowd. memlJlll.l;i
                                   "-)                                "'"'""'"""'"AV'ENUE
                                                            ,77:t. WI5CO~SiN                  =---• ~-,.#(""---'-''-
                                                                                                              f .. '                 ~
                                                     .. JIILWAIJKEE,      WISCONSIN
                                                           ...._ fllOHE;(CUJ7111-7ta1  H:IOII By:       ,
                                                                                                  Authoriz- • ~r -en!ftt!~ER

                     Thi follo'WUII is a computation of th• true intereat cost on tho above bid. This ciomp\ltltion i:11 not to be oona:tdottld M
                part of th, bid and ia ali>jeot to ..,-if,cation:
                Truo lntereat Cc,t                          S M?,~;.111l<'i                    Return of the sood f1ilh check i,
                True lnttrcst Rate                        3 ,ftjpfl    ¾                       hawby aoknowledged on lhi• tilt
                                                                                               25th d&y ofF•bruacy 2003.

                                                                                               By:._-------
                                                      l'IHC       of   Ml                                 lcJ13J   So8··uS43                I'. 4

 PARITY Bid Form                                                                                                               Page I of2




                                                            '..0~•
Wachovia Bank, National Association - Charlotte , NC's Bid .-~- .wi41.n1
                                                                                                                          .,,•rv:··
                                                                                                                                , ...
                                Muskegon
                $1,575,000 General Obligation Limited Tax
                           Bonds, Series 2003
For the aggregate principal amount of $1,575,000.00, we will pay you $1,552,777.90, plus accrued interest from
the date of Issue to the date of delivery The Bonds are to bear interest at the following rate(s):
                                         Maturity Date Amount$ Coupon%
                                          06/01/2004    105M       2.0000
                                                                    06/01/2005      105M        2.0000
                                                                    06/01/2006      105M        2.2500
                                                                    06/01/2007     110M         2.5000
                                                                    06/01/2008     110M         2.7500
                                                                    06/01/2009     115M         3.0000
                                                                    06/01/2010     120M         3.2500
                                                                    06/01/2011     120M         3.5000
                                                                    06/01/2012     125M         3.6250
                                                                    06/01/2013     130M         3.7500
                                                                    06/01/2014     135M         3.8500
                                                                    06/01/2015     145M         3.9000
                                                               06/0112016 150M                  4.0000
                                                    Total Interest Cost:                            $426,212.81
                                                    Discount:                                        $22,222.10
                                                    Net Interest Cost:                              $448,434.91
                                                    TIC:                                               3.712017
                                                    nme Last Bid Received On:02I25/2003             1:24:05 EST


This proposal is made subject to all of the terms and conditions of the Official Bid Fom1, the Official Notice of
Sale, and the Preliminary Official Statement, all of which are made a part hereof.

Bidder:   Wachovia Bank, National Association, Charlotte , NC
Contact: Bill Albright
Title:
Telephone:704-374-3352
Fax:




  Issuer Name: City of Muskegon                                                  Company Name:



  Accepted By:                                                                   Accepted By:




I..U--, I ln, ..... , ........ -i ............. !D,u•itu/m-:lin   htm?frllmP~nntent&naQ:e=naritvBidfonn&customer=T .. . 2/25/2003
reu       £..:;.:;.   u..:J    u.c.; iop            l'lt-iL,.   OT    I'll                                lJJ..;JJ   ~oJ~LJ.::;l',-.;i   F'."




      02-25-2003                                                           MUSKEGON
       1:46 PM                                                               LTGO
                                                                  NR/AAA FGIC $8.38 (NR/A}
                                                                McDonald & co. Securities, Inc·

  '•Int !'rom:                     3/ 1/2003               First Coup:             6/ 1/2003      ·Del -Date:          3/11/2003
                                                                                                                       Total
   Maturity                      Amount            Coupon                Yield          Price            Cone TakeDn Conc+TkDn

  '-G-f,/ 01 / 04                      105          2.000                1.100      1-0l. 088       0 .000 ·     3.750          3.750
                                       105          2.000                1.300      lOl. 527        0.000        3.750          3.750
  • 06/01/05
                                       105          2.000                1.700      100.935         0.000        3.750          3.750
    06/01/06
                                       110          2.100                2.100      100.000         0.000        3.750          3.750
    06/01/07
   ·(H;/01/08                          110          2.550                2,550      100;000         0.000        5.000          5.000

   06/01/09                            115          2.900                2.900      100.000         0.000        5.000          5.000
   06/01/10                            120          3.250                3.250      100.000         0.000        5.000          5.000
   06/01/11                            120          3.500                3.500      100.000         0.000        5.000          5.000
   06/01/12                            125          3.650                3.650      100.000         0.000        S.000          5.000
   06/01/13                            130          3.750                3.750      100.000         0.000        5.000          5.000

   06/01/14                            135          3.900                3.900     100.000          0.000        7.500          7.500
   06/01/15                            145          4.000                4.000     100.000          0.000        7.500          7.500
   06/01/1.6                           150          4.100                4.100     100.000          0.000        7.500          7.500
                                ==::::::••-==      ======             ;;;;======                    ""====       =====           =====
   TOTAL                           1,575            3.523                3 .491                     0.000        5. 345         5.345


                                                                             Per $1000     Per $100
                                                   $Total                    Par Value     Par Value
   Par Amount = $                               1,575,000.00
   Gross Prod = $                               1,578,727.50             1,002.3667        100 ,,2,367
                              Bid• $            1,552,320.00               985.6000         98.5600
       Spread                      $               26,407.50                16.7667          l. 676-7
   Accrued Int=                        $            1,375.0?                 0.8731          0.0873
   Ace Int/Daya                        $              137.51                 0.0873          0.0087
   Value .05% =                        $            5,023.15                 3.1893          0. 3189

   Avg Life =                        7 Years,           8 Months,              7 Days    or     7.6849 Years

      ***********k NIC CALCULATION**********************                                BID SUMMARY ****W******
      •     Total Bond Years:                     12,103. 75        *                                                                   •
    * Gross Interest Cost: $                     426,428.13         * Dollar Bid=$ 1,552,320.00                                         *
    *              Less Premium: $                     .. Q.00      * Discount                 = $          22,680.00                   *
    •       or Plus Discount: $                   22,680.00         •                                                                   •
  · • Net Interest Cost: $                       449,108 ,-13       • NIC% =            3. 710487                                       *
  , *$1 of Spread= 0.0130 TONIC                                     * TIC%              3.713032 to Dated Date*
    •.Ol of NIC= 0.7685 to Spread(Per 1000) * TIC%=                                     3.715135 to Delivery                            •
    •                                                 Arbitrage Yield                   3.456457                                        •
    ** * * * * ******'Ir ir W***fr**"' *1'r ***'If*********** 't-11 **** •• ff*·* ,t'k Wilr -k ** *** * * * * * * * • * * * * * * * 1'r *
                  ------------------------- 98.560
                                              Other                                Input Data -------------------------
                                                                                      Legal Coupon Multiples:  0.050 0.125
    Minimum Bid%:
    Maximum Bid%:                                                    101. 000         Annual Maturities
  '·Required Spread Per Bond:                                          0.000          SemiAnnual Coupons
    Optimization Level:                                                        2      Call Type                        0
    Bond Insurance Costs                                                 0.00         Bond Bidder Version 5.21, Revised 3/17/95
                                  rlHL,   O't   l'\.l
                                                                                                                         I"•   0




 PARITY Bid Fonn                                                                                            Page 1 of2




 Citizens Bank - Flint , Mi's Bid                                                              ...•-GIA  1n1•ru:··
                                                                                                  ~=r ~r.aa.n:,.r
                                           Muskegon
                            $1,575,000 General Obligation Limited Tax
                                       Bonds, Series 2003
 For the aggregate principal amount of $1,575,000.00, we will pay you $1,551,636.20, plus accrued interest from
 the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s):
                                          Maturity Date Amount$ Coupon%
                                           06/01/2004      105M        2.5000
                                           06/01/2005      105M        2.5000
                                           06/01/2006      105M        2.5000
                                           06/01/2007      110M        2.5000
                                           06/01/2008      110M        2.5000
                                           06/01/2009      115M        2.9000
                                           06/01/2010      120M        3.2000
                                           06/01/2011      120M        3.4500
                                           06101/2012      125M        3.6000
                                           06/01/2013      130M        3.7000
                                           06/0112014      135M        3.9000
                                          06/01/2015       145M        4.0000
                                          06/01/2016       150M        4.1000
                                Total Interest Cost:                       $429,378.75
                                Discount:                                   $23,363.80
                                Net Interest Cost:                         $452,742.55
                                TIC:                                          3.749212
                                Time Last Bid Received On:02125/2003       1:58: 19 EST


This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of
Sale, and the Preliminary Official Statement, all of which are made a part hereof.

Bidder:   Citizens Bank, Flint , Ml
Contact: John Linne
Title:    Asst Vice President
Telephone:248-691-6511
Fax:      248-691-6558




 Issuer Name:    City of Muskegon                       Company Name:



 Accepted By:                                           Accepted By:




'-••-··''······· tnn1 MnniP,,.;tv/mAin htm?frame=content&oage=oaritvBidfonn&customer=T...                  2/25/2003
Date: February 25, 2003
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       Liability/Property Insurance Renewal



SUMMARY OF REQUEST: To renew the city's liability and property insurance
coverage with the Michigan Municipal Risk Management Association (MMRMA), an
intergovernmental self-insurance pool representing more than 300 Michigan
municipalities. Since 1986 the city has had liability coverage through the MMRMA; in
1999 property coverage was added . The city is coming off a three-year fixed rate
contract with MMRMA during which time the insurance industry was rocked by both
the stock market collapse and the 9/11 terrorist attack. Therefore, a significant
renewal rate increase was not unexpected.

FINANCIAL IMPACT: Total contribution of $856,599 comprised of two
components: $594,515 fixed insurance costs and $262,084 contribution to the city's
self-insured retention fund. The fixed insurance costs represent a 29% increase over
2002 costs.

BUDGET ACTION REQUIRED: None. The city's 2003 budget anticipated a
24% premium increase. Since the quoted renewal (29% increase) is for a twelve
month period ended March 1, 2004, only ten months of the higher premium will
impact FY 2003 so the current budget is adequate.

STAFF RECOMMENDATION: Renewal of liability and property insurance
coverage with MMRMA. Staff believes that intergovernmental procurement of
insurance coverage is most cost-effective approach. Moreover, the MMRMA
program has the broadest coverage available to Michigan municipalities and the
city's past experience with the program has been very positive.

COMMITTEE RECOMMENDATION: None.




9/18/97
                                          ;)...O C   ~   - .;,._ \ ~)
Date:       February 25, 2003

To:         Honorable Mayor and City Commission

From:        City of Muskegon Board of Review

Re:         Letters of Appeal



SUMMARY OF REQUEST: To obtain approval of the City Commission to allow letters
of appeal from residents for the Board of Review to act upon.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

COMMITTEE RECOMMENDATION: Approve the resolution.

STAFF RECOMMENDATION: Approve the resolution.
00




       i
       I,

     I I'
MCL 211.30 (5)

(5) The governing body of the township or city may authorize, by adoption
of an ordinance or resolution, a resident taxpayer to file his or her protest
before the board of review by letter without a personal appearance by the
taxpayer or agent .....
                              RESOLUTION# 2003-21 ( c)


                            MUSKEGON CITY COMMISSION


RESOLUTION TO GRANT RESIDENTS APPROVAL TO FILE LETTERS OF
APPEAL TO THE BOARD OF REVIEW


WHEREAS, letters of appeal are currently limited to non-resident property owners, and;


WHEREAS, residents should be given the same opp011unity to appeal by letter, and;


WHEREAS, the Board of Review wishes to process letters of appeal equitably for all
property owners;


NOW, THEREFORE, BE IT RESOLVED that the City Commission hereby authorizes
the Board of Review to accept letters of appeal from residents, as well as, non-residents.

Adopted this 25 th day of February, 2003

AYES: 7

NAYS: 0

ABSENT: · O
                                 CERTIFICATION



This resolution was adopted at a regular meeting of the City Commission, held on
. F~bruary 25, 2003The 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      ~a<+l~w
                                                J
                                         Gail A. Kundinger, City Clerk
                          AGENDA ITEM NO.                 ~
                                                   ;;2,oo - ;;, (-   d)
                       CITY COMMISSION MEETING 2/25/03


TO:           Mayor Warmington and City Commissioners
FROM:         Lee J. Slaughter, Assistant City Manager
DATE:         February 18, 2003
RE:           Clerical Union Tentative Agreements (TA's)

SUMMARY OF REQUEST

Staff recommends approval of the set of tentative agreements reached with and ratified
by the Clerical union on Monday, February 17, 2003.

FINANCIAL IMPACT

The overall financial packet is around 10% of payroll. The packet includes two
significant economic issues:

Wages:
              Contract Yrs.          2003          2004           2005

                                     3.00%          3.00%         2.50%

Multiplier:
              Increased from 1.9% to 2.25%, effective at the end ofthe contract
              December 31, 2005.

BUDGET ACTION

None.

STAFF RECOMMENDATION

Staff recommends approval.
 Affir mollve Action
 (23 1)724-6703
 FAX: (231)722-1214

 Assessor/Equallzatlon
 (231 )724-6708
 FAX: (23 1)726-518 1

 Cemetery Deportment
 (23 1)724-6783
 FAX: (231)726-5617

 City Manager
 (23 1)724-6724                                             West Michigan's Shol'CUnc City
 FAX: (231)722- 1214

 Clvll Service
 (23 1)724-67 16
 FAX: (231)724-4405
                                                              MEMORANDUM
 C lerk                  TO:            Mayor and City Commissioners
 (231 )724-6705
 FAX: (23 1)724-4178     FROM:          Lee J. Slaughter, Assistant City Manager
 Community and
                         DATE:          February 18, 2003
   Neigh, Services       RE:            Tentative Agreements (TA's) Reached with the Clerical Union
 (23 1)724-67 17
 FAX: (23 1)726-2501

 Compute r Info,         Attached please find a set of Tentative Agreements (TA's) reached with the Clerical
   Systems               Union.
 (231)724-6744
 FAX: (231)722-4301

E ngineering Dept.
                         BACKGROUND
(23 1)724-6707
FAX: (23 1)727-6904
                         The union conh·act expired December 31, 2002. On October 31 st we received
Flnnncc Dept.            correspondence from the union notifying us of their interest in opening the conh·act for
(231)724-67 13                                                                                       rd
FAX: (231)724-6768       the purpose of negotiation. We began contract negotiations on December 3 2002 and
                         reached TA with them on Thursday, February 6th 2003. On Monday, February 17, the
Fire Department
(23 1)724-6792           union membership ratified the set ofTA's.
FAX : (231)724-6985

Income Tax               We are pleased to have reached this set ofTA's with this unit. While the packet reflects
(23 1)724-6770
FAX: (23 I )724-6768
                         issues of interest to both parties, we are particularly pleased about having a number of
                         critical issues that will streamline operations as well as reduce future health care cost.
lnspecllon Ser vices
(231 )724-67 15          Among them are items number 16 and 17 (see TA's). Further discussion will be held in
FAX: (231)728-4371       Closed Session on Tuesday, February 25th .
Leisure Services
(23 I )724-6704
FAX: (231)724- 1196
                         Please feel free to contact John Schrier, Bryon, or myself if you have question(s).
Mayor's Office
(231 )724-670 I          Thank you.
FAX: (23 1)722-1214

Planning/Zoning          C:     Bryon Mazade
(231 )724-6702
FAX: (23 1)724-6790
                                Dept. Heads

Police Dcptartment
(231 )724-6750
FAX: (231)722-5 140

Public Works Dept.
(23 1)724-4 100
FAX: (23 1)722-4 188

Trensurer's O ffice
(231 )724-6720
FAX: (23 1)724-6768

Water DIiiing Dept.
(231)724-6718
FAX: (23 1)724-6768

Water FIitration
(231)724-4106
FAX: (23 1)755-5290
                                   City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                             www.shorelinecity.com
                                   TENTATIVE AGREEMENTS ONLY


                                              CLERICAL UNION
                                                     and
                                             CITY OF MUSKEGON

                                               February 11, 2003



       1.     Article 26 - - TENTATIVE AGREEMENT to Union proposal to add
grandparents and grandchildren as individuals covered to by allowed use of sick leave.

        2.     Article 32 - - TENTATIVE AGREEMENT to Union proposal to modify the
optical and dental benefits. The benefits provided to non-union employees effective January!,
2003 will be provided to this unit.

       3.     Article 33 - - TENTATIVE AGREEMENT to Union proposes to increase the
pension multiplying from 1.9% of final average compensation to 2.25% of final average
compensation effective December 31, 2005.

       4.       Article 33 - - TENTATIVE AGREEMENT to Union proposal to eliminate
reference to the $4,200 compensation relating to contributions.

       5.      Article 33 - - TENTATIVE AGREEMENT to Union proposal to increase the
employer match of the 457 Plan from $350 per year to $500 per year for the period January!,
2003 to December 31, 2005. Effective January 1, 2006, the City will no longer need to match
contributions.

       6.      Article 39 - - The present language will be eliminated and effective January I,
2003 the following will apply:

                  a) The names of temporary employees and the department where working will
                     be provided to the Union on a monthly basis;

                  b) An individual temporary employee may fill a position for 6 months. At the
                     conclusion of 6 months, the position may be filled by a different temporary
                     employee or by a city employee;

                  c) After a temporary employee has worked for the city for 6 months, the
                     temporary employee may not work for the City for 15 calendar days.

       6.     Article 44 - - TENTATIVE AGREEMENT to Union proposal to increase wages
by 3% - 3% - 2.5% in each of the next three years.




G:\EDSI\FILES\00100\099225\MISC\AR199B.DOC
        7.      Article 44 - - TENTATIVE AGREEMENT to merge the positions of Account
Clerk I, Clerical Assistant, Clerk Typist and Income Tax Clerk and the new position shall be
called Customer Service Representative I. Police Clerk, Assessing Clerk, Department Secretary,
Department of Public Works Clerk, Income Tax Revenue Clerk, and Revenue Clerk shall
become Customer Service Representative II and be paid consistent with the Revenue Clerk
salary schedule. Civil Service will prepare a job description for both positions. (For aid in
implementing this proposal, employees will move to the step which has the same compensation
or immediately above the employee's current compensation, i.e., a Police Clerk, Step 9 would
move to Customer Service Representative II, Step 5.)

      8.       Article 44 - - TENTATIVE AGREEMENT to Union proposal to provide for an
automatic step increase at the completion of probation. This provision will be effective July 1,
2003.

       9.      Appendix B - -TENTATIVE AGREEMENT to Union proposal to modify the
longevity pay, as follows:

                            Effective January 1, 2003, semi-annual payments to be paid in June and
                            December using the following formula:

                                      2% of Base Pay      after 5 years of service
                                      4% of Base Pay      after 10 years of service
                                      6% of Base Pay      after 15 years of service
                                      8% of Base Pay      after 20 years of service
                                      10% of Base Pay     after 25 years of service

                                      Longevity payments shall be based on a maximum
                                      salary of $15,000.

         10.    New Section - - TENTATIVE AGREEMENT to Union proposal that City shall
establish a bank of thirty-two (32) hours per calendar year. The bank of time may be used by
union representatives for attendance at union conferences, but no more than two employees per
day. The Union may request employees attend union conferences, and the employees shall
receive their compensation from that account. SEIU shall provide three (3) weeks' notice as to
which employees will be attending union conferences and on what dates. City does have the
right to refuse attendance based upon weather conditions, staffing requirements, or other factors
that would require the individual to perform his or her duties as scheduled. Upon completion of
the conference, the Union shall reimburse the City for the hours deducted from the Union bank.
City will charge the actual salary plus cost of fringe benefits for the individual involved. City
shall be reimbursed either by way of a check issued by the SEIU or an offset of the union dues to
be forwarded by the City to the SEIU. Deductions from the Union bank may be in increments of
no less than eight (8) hours. On January 1 of each year the time in the bank shall be increased to
32 hours.




G:\EDSI\FILES\0D100\099225\MISC\AR1998.DOC
          11.      TENTATIVE AGREEMENT to City proposal to cleanup the following areas:

                   a.       Include "DPW" in Article I, dealing with recognition and the wage
                            schedule;
                   b.       Article 31 (b )(!) - add the additional phrase "or his/her designee."
                   c.       Article 31 (c)(3 through 6) should be relocated into the appropriate
                            contractual provision, and insure that it is consistent with practice and
                            contract provisions.

       12.    Article I - - TENTATIVE AGREEMENT to City proposal to eliminate Network
Technician and Computer Technician from the Recognition clause.

        13.     Article 17 - - TENTATIVE AGREEMENT to City proposal that, if an employee
transfers to another position, whether it be within this unit or outside of the unit, the employee
shall have thirty (30) calendar days within which the employee may transfer back. This
provision does not affect situations where an employee promotes to another position and fails the
promotion or takes the promotion and thereafter chooses to return to the former position.

        14.    Article 18 - - TENTATIVE AGREEMENT to City proposal to reduce the period
for posting competitive promotional examinations from ten (10) days to five (5) work days, but it
must continue into the first day of the work week after it has been posted.

        15.    Article 30 - - TENTATIVE AGREEMENT to City proposal to revise personal
leave days to provide personal leave days on a prorata basis during the first year of employment.
An employee who works for six months shall receive personal leave days on a pro rate basis.

        16.     Article 32 - - TENTATIVE AGREEMENT to City proposal employees hired
after January I, 2003 shall not receive post-retirement health care benefits if the employee leaves
City employment prior to qualifying for an immediate payable benefit from the General
Employees Retirement System.

        17.     Article 32 - - TENTATIVE AGREEMENT to City proposal that employees who
are hired after January I, 2003 shall receive health care benefits for employees only if the
employee qualifies for immediate payable benefits from the General Employees Retirement
System.

         18.    Article 44 - - TENTATIVE AGREEMENT to City proposal to require mandatory
full direct deposit of bi-weekly pay, including any overtime payments.




G:\EDSI\FILES\00100\099225\MISC\AR1998.DOC
Date:     February 25, 2003
To:       Honorable Mayor and City Commissioners
From:     Lee Slaughter, Assistant City Manager
RE:       General Employees' Retirement System
          Ordinance Change




SUMMARY OF REQUEST: To adopt the ordinance change which will
increase the multiplier for the Clerical Union.




STAFF RECOMMENDATION: Approval
                                   PARMENTER O'TOOLE
                                                       Allomeys at law


                              175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
                                     Phone 231 .722.1621 • Fax 231.722.7866 o r 231.728.2206
                                                      www.Parmenterlaw.com




February 18, 2003

Lee Slaughter
City of Muskegon
933 Tenace
P .O. Box 536
Muskegon, MI 49443-0536

Re:      General Employees' Retirement System: Clerical Union
         For Non-Union Employees

Dear Ms. Slaughter:

Enclosed please find a proposed ordinance concerning increasing the multiplier for the Clerical
Union.




John C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parmenterlaw.com

Enclosure




                                                                                         RECEIVED
                                                                                               FEB 1 8 2003
                                                                                              MUSKEGON
                                                                                        CITY MANAGER'S OFFICE


G:IEDSIIFILES\00100I0085\LTRIAR5965.DOC
                                               City of Muskegon
                                           Muskegon County, Michigan

                                            ORDINANCE NO. ---2.illl.9

  The City Commission of the City of Muskegon hereby ORDAINS:

     Appendix B of the Code of Ordinances of the City of Muskegon concerning the General
  Employees Retirement System is amended, as follows:

   I.    Section 6.1. shall be amended to read, as follows:

        Section 6.1. Subject to Section 6.1, the amount of the level straight life pension shall be
  his final average compensation multiplied by the product of the applicable factor and credited
  service. The credited service and pension amount shall be subject to the applicable
  maximums. The applicable factors and maximum are:

                                                          Maximum Years             Maximum
  Retirement                                              of Credited               Pension
  Date                                                    Service                   Amount

  Non-Union Employees                 1.2% of the         No                        No
  On or Before                        first $4,200        Limit                     Limit
  12/31/93                            of final average
                                      compensation
                                      plus 1.7% of
                                      final average
                                      compensation
                                      in excess of
                                      $4,200.

  On or After                         1.2% of the         No                        No
  01/01/94 and                        first $4,200        Limit                     Limit
  Before 12/31/98                     of final average
                                      compensation
                                      plus 1.7% of
                                      final average
                                      compensation
                                      in excess of
                                      $4,200 for years
                                      the employee
                                      was represented
                                      by a union
                                      plus 2% for
                                      years while
                                      not represented



G:\EDSI\FILES\00100\0085\MISC\AR5967.DOC
                                       by a labor
                                       organization.

   On or After
   01/01/99 and
   Before 12/31/99                     2.1%              No      No
                                                         Limit   Limit

   On or After O1/01/00                2.25%             No      No
                                                         Limit   Limit

   Union Clerical Emgloyees
   On or Before             1.2% of the                  No      No
   12/31/96                 first $4,200                 Limit   Limit
                            of final average
                            compensation
                            plus 1.7% of
                            final average
                            compensation
                            in excess of$4,200.

   On or After                        1.2% of the        No      No
   01/01/97 and                       first $4,200       Limit   Limit
   Before                             of final average
   01/01/2002                         compensation
                                      plus 1.8% of
                                      final average
                                      compensation
                                      in excess of
                                      $4,200.

   On or After                        1.9%               No      No
   01/01/2002 and                                        Limit   Limit
   Before
   12/30/05

   On or After                        2.25%              No      No
   12/31/05                                              Limit   Limit




G:\EDSI\FILES\00100\0085\M!SC\AR5967.DOC
I   •




        Union Em12loyees - - DPW/Leisure Services
        On or Before             1.2% of the            No                No
        12/3 1/95                first $4,200           Limit             Limit
                                 of final average
                                 compensation
                                 plus 1.7% of
                                 final average
                                 compensation
                                 in excess of
                                $4,200.

        On or After
        01/01/96                            1.9%        No        No
                                                        Limit     Limit
        On or After
        01/01/98                           2.1%         No        No
                                                        Limit     Limit

        On or After
        01/01/02                           2.25%    No            No
                                                    Limit         Limit


        This ordinance adopted:

              Ayes:sbepberd, Spataro, Warmington, Buie, Gawron, Larson, Sehweifler
              Nays:  None

        Adoption Date: February 25, 2003

        EffectiveDate: March 14, 2003

        First Reading:        February 25. 2003

        Second Reading: __.JI...Cl.._ __ _ _ _ _ _ __




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




    G:IEDSIIFILES\00100\0085\MISCIAR5967 .DOC
                                           CERTIFICATE

    The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
    Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
    adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
    Commission on the 25th day of ·,Fe:brua_ry              , 2003, at which meeting a quorum was
    present and remained throughout, and that the original of said ordinance is on file in the
    records of the City of Muskegon. I further certify that the meeting was conducted, and public
    notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of
    Michigan of 1976, as amended, and that minutes were kept and will be or have been made
    available as required thereby.

    DATED: F-ebruarv 25 , 2003
                             4,i/.




                  Gail A. Kundinger, MMC
                  Clerk, City of Muskegon

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




G:IEDSI\FILES\00100\0085\MISCIAR5967.DOC
                                            CITY OF MUSKEGON
                                           NOTICE OF ADOPTION


TO: ALL PERSONS INTERESTED


      Please take notice that on Februa r y 2 5 , 2003, the City Commission of the City of
Muskegon adopted amendments to Appendix B of the Muskegon City Code concerning the
General Employees Retirement System, summarized as follows:

          1.       Section 6.1 shall be amended to provide a 2.25% multiplier for Clerical union
                   employees effective December 31, 2005.

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

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




Published March 4                    , 2003


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




G:\EDSI\FILES\00100\0085\MISC\AR5967.DOC
                           AGENDA ITEM NO.      ~003- ol \ -    t)
                 CITY COMMISSION MEETING - - - - - -




TO:          HONORABLE MAYOR AND CITY COMMISSION

FROM:        Pat Simpson, Bryon Mazade, Tim Paul

DATE:        February 18, 2003

SUBJ:        Request Permission to Award Bid for Organizational Assessment to
             Ludwig Group LLC


SUMMARY OF REQUEST:

Requesting City Commission permission to award bid for organizational assessment
of the Muskegon Fire Department to Ludwig Group LLC.



FINANCIAL IMPACT:

$22,500



BUDGET ACTION REQUIRED:




STAFF RECOMMENDATION

Staff recommends approval of bid for organizational assessment of the Muskegon
Fire Department to Ludwig Group LLC.


COMM ITTEE RECOMMENDATION
                                                 Muskegon Fire Department




Memo
 To:           Honorable Mayor and City Commission

 From:         Pat Simpson, Bryon Mazade, Tim Paul

 Date:         February 18, 2003

 Re:           Organizational Assessment


 On February 4, 2003, the City of Muskegon received three proposals for an
 organizational assessment of the Muskegon Fire Department.

 The proposals for all three companies were evaluated based upon cost,
 methodology, scope of work, draft and final report components, time to completion,
 and a reference check. Based upon this analysis, we are recommending that the
 firm of "Ludwig Group, LLC" be awarded the contract in the amount of $22,500.00.

 The "Ludwig Group LLC" was low bidder and a check of six references indicated that
 past work by this company in other jurisdictions was thorough, concise, and an action
 plan was presented in each case that was implemented with the desired results.
                                       EVALUATION OF FIRE DEPARTMENT RFD FOR
                                        FIRE/EMS ORGANIZATIONAL ASSESSMENT

                                                       MANAGEMENT ADVISORY
FIRM NAME                   TRI DATA                                              LUDWIG GROUP
                                                       GROUP
ADDRESS                     ARLINGTON, VA              TALLAHASSEE, FL            HILLSBORO, MO

TOTAL COST                  $49,075.00                 $34,900.00                 $22,500.00

Report Parts:
A. Executive Summarv        Yes                        Yes                        Yes
B. Scope of Work            Meets RFP                  Meets RFP                  Meets RFP
                            1. evaluate and identify   1. evaluate and identify   1. planning and collection
C. Methodology              2. process                 2. recommendations         2. analysis
                            3. reports                 3. reports                 3. reports
D. Draft and Final Report   Yes                        Yes                        Yes

E. References               Yes                        Yes                        Yes

F. Time to Completion       90 days from sign          90 days from sign          90 days

                                                                                  Uses current standards and
Additional evaluation
                                                                                  SWOT system
                                                                                  Very thorough knowledge of fire
                                                                                  service
                                                                                  Small enough for personal touch
                                                                                  Bid is low enough to use same
                                                                                  money for additional detail, if
                                                                                  needed
                   INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement ("Agreement") is made and effective this March
22, 2002, by and between The Ludwig Group, LLC ("Consultant") and City of Muskegon,
Michigan ("Political Subdivision").

Now, therefore, Consultant and Political Subdivision agree as follows:

I. Engagement.
Political Subdivision hereby engages Consultant, and Consultant accepts engagement, to
provide to Political Subdivision the following services:

Evaluation of conditions and recommendations affecting fire protection and emergency
medical services of the City of Muskegon including but not limited to station additions
and/or locations, alternatives for staffing, alternatives to fire department organization and
management structure, efficient deployment of present apparatus and equipment needs,
mission of EMS, recommendations of staffing and response times relating to national
standards for advanced life support for EMS.

2. Term.
Consultant shall provide services to Political Subdivision pursuant to this Agreement for a
term commencing on April I, 2003 and ending on June I, 2003.

3. Place of Work.
Consultant shall render services primarily at Consultant's offices, but will conduct three
site visits and upon request, provide the services at Political Subdivision offices or such
other places as reasonably requested by Political Subdivision as appropriate for the
performance of particular services.

4. Payment.
Political Subdivision shall pay Consultant $22,500.00 for services performed pursuant to
this Agreement. Seventy-five percent of payment shall be made withiu two weeks after
delivery of draft report and the remiuding 25 percent balance within two weeks after
delivery of final report . Consultant shall bear all of Consultant's expenses incurred in the
performance of this Agreement.

5. Confidentiality.
During the term of this Agreement, and thereafter for one year, Consultant shall not,
without the prior written consent of Political Subdivision, disclose to anyone any
Confidential Information. "Confidential Information" for the purposes of this Agreement
shall include Political Subdivision's proprietary and confidential information such as, but
not limited to, customer lists, business plans, marketing plans, financial information,
designs, drawing, specifications, models, software, source codes and object codes.
Confidential Information shall not include any information that:




                                              Page I of3
   A. is disclosed by Political Subdivision without restriction;

   B. becomes publicly available through no act of Consultant;

   C. is rightfully received by Consultant from a third party.

6. Termination.
A. This Agreement may be terminated by Political Subdivision as follows:

   1.   If Consultant is unable to provide the consulting services by reason of temporary
        or permanent illness, disability, incapacity or death.

   ii. Breach or default by Consultant of any other material obligation in this Agreement,
       which breach or default is not cured within five ( 5) days of written notice from
       Political Subdivision.

B. Consultant may terminate this Agreement as follows:
   1. Breach or default of any material obligation of Political Subdivision, which breach
      or default is not cured within five (5) days of written notice from Consultant.

    n. If Political Subdivision files protection under the federal bankruptcy laws, or any
       bankruptcy petition or petition for receiver is commenced by a third party against
       Political Subdivision, any of the foregoing of which remains undismissed for a
       period of sixty (60) days.

7. Independent Contractor.
Consultant is and throughout this Agreement shall be an independent contractor and not
an employee, partner or agent of Political Subdivision. Consultant shall not be entitled to
nor receive any benefit normally provided to Political Subdivision's employees such as, but
not limited to, vacation payment, retirement, health care or sick pay. Political Subdivision
shall not be responsible for withholding income or other taxes from the payments made to
Consultant. Consultant shall be solely responsible for filing all returns and paying any
income, social security or other tax levied upon or determined with respect to the
payments made to Consultant pursuant to this Agreement.

8. Tools and Supplies.
Unless otherwise agreed to by Political Subdivision in advance, Consultant shall be solely
responsible for procuring, paying for and maintaining any computer equipment, software,
paper, tools or supplies necessary or appropriate for the performance of Consultant's
services hereunder.

9. Controlling Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Michigan.




                                             Page 2 of3
10. Headings.
The headings in this Agreement are inserted for convenience only and shall not be used to
define, limit or describe the scope of this Agreement or any of the obligations herein.

11. Final Agreement.
This Agreement constitutes the final understanding and agreement between the parties
with respect to the subject matter hereof and supersedes all prior negotiations,
understandings and agreements between the parties, whether written or oral. This
Agreement may be amended, supplemented or changed only by an agreement in writing
signed by both of the parties.

12. Notices.
Any notice required to be given or otherwise given pursuant to this Agreement shall be in
writing and shall be hand delivered, mailed by certified mail, return receipt requested or
sent by recognized overnight courier service as follows:

       If to Consultant:
       The Ludwig Group, LLC
       c/o Gary Ludwig
       9525 E. Vista Drive, Suite 200
       St. Louis, MO 63050

       If to Political Subdivision:
       City of Muskegon
       933 Terrace Street
       Muskegon, Ml 49440

13. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, then this Agreement, including all of the remaining terms, will remain in full
force and effect as if such invalid or unenforceable term had never been included.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date
first above written.




                                                                       't- ~1-~3
                                                                         Date




                                             Page 3 of3
DATE:         February 17, 2003

TO:           Honorable Mayor and City Commissioners

FROM:         Robert B. Grabinski, Director Inspection
              Services Dept.

Re:           Concurrence with the Housing Board of Appeals
              Notice and Order to demolish. Dangerous building case #02-068-
              1968 Leahy (Garage only).


SUMMARY OF REQUEST:                 This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1968 Leahy (Garage) Is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.

Case# & Project Address: 02-068 -1968 Leahy (Garage)

Location and ownership: This structure is located on Leahy between Holbrook
and Keating. It is owned by Idell Sheard.

Staff Correspondence:     This structure was written as a dangerous building
when it was reported open 9/11 /02. A notice and order to repair or remove was
issued 9/26/02. On 12/5/02 the HBA declared the garage dangerous and
substandard. Mr. Sheard was at that meeting and stated he would demolish the
garage. As of this date no demolition permit has been pulled.

Owner Contact:       None

Financial Impact:   The cost of demolition will be paid with general funds.

Budget Action Required:     None

SEV: $24,400

Estimated Cost of Repairs: $1,500

CITY COMMISSION RECOMMENDATION:                 The Commission will consider
this item at it's meeting on Tuesday, February 26, 2003.
\ <\~I'   L~h,
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           For The Inspection Department                                                                 File #: 424883
           City of Muskegon



                                           FROM CITY ASSESSOR'S RECORDS


           OWNER:                                Idell Sheard

           PROPERTY:                             1968 Lenhy

           PARCEL NO:                            24-675-026-0016-00

           DESCRIPTION:                          Musk. Hts. Lot 16 Blk 26


                                 FROM RECORDS OF TRANSNATION TITL~~


           LIBER:                                2142 & 2270

           PAGE:                                 331 & 190

           DATE OF DEED:                         September 1, 1998 &July 27, 1999

           GRANTOR NAME & ADDRESS: Idell G, Sheard aka Idell L. Sheard llka Idell
           G. Brooks Sheard, 1968 Leahy St., Muskegon, MI 49442

           GRANTEE NAME & ADDRESS: Idell G. Sheard, a single woman and Edward
           D. Sheard, a single man with joint and full rights of swvivorship and Idell G.
           Brooks Sheard, a single woman and Hottie M. Sheard, a single woman, with joint
           and full rights of survivorship; 1968 Leahy St., Muskegon, Mi 49442, as their
           interests may appear

           LIENS OR MORTGAGES:

           TODAY'S DATE:                        February 14, 2003

           EFFECTNE DA~TE:January 21, 2003 at 8:00 AM

           Abstracted by: ~ . AO.t R
                         T    NATION TITLE INSURANCE COMPANY
                                                                ~ Clm..ou ~
       Tho 11b0YC infc.ltnUltion i11 w ho 1,1:,;IW for r-efotonco pf.lrposci uni)' ;)nd not ta ht relied upon M cviden~ of titlo and/or
       cncumb~nccs. Accordini&IY, sBid informutfon i:ii fUrnishod al a rc:ductd 'fl.ICC, and lhc Compuny's liability shull in no event
       oxcccd the umouni P'lid tbr ii11ld information, should cvid~nCI) of titlo and/(lr cncutribt.utcos be dcairt:<4 oi,plicatlon tbr tillc:
       insunmco should be-ploccd whh 'l"r'1-ll~nution Title lnsuronec: Comj)wiy.




Oflfl";r    "C.l'JH     "(\"'I   'l"il\l'Y'}.!l')C:/IJT   t;f'T.tT.l   /IJOT.T.VN.C:NV'rt.L
               NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: February 13, 2003


       1968 Leahy (Garage only)
       (Address of Property)


TO:    All owners and interested parties:

       Hattie & Idell Sheard, 1968 Leahy, Muskegon, Ml 49442

       None
       (Other interested parties)




On December 5, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on February 26, 2003 to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any relevant evidence and arguments
concerning the decision to demolish the above structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPT.
                                     FOl'{TH,;rrq
                                              H USIN9J?OijA8.D OF APPEALS
                                                                               l
                                     By    ,1              ,,..J        A·
                                                           v.J ' '..c.£,:.~·
                                     Rober{ B. Grabinski, Director of Inspections




                          AFFIDAVIT OF SERVICE OR MAILING


0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARINGDOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING {BUILDING) BOARD OF APPEALS



Date:          December 6, 2002

        To:    Hattie & Idell Sheard, 1968 Leahy, Muskegon, Ml 49442
               Owners Name & Address

               None
               Names & Addresses of Other Interested Parties



                           ORDER TO DEMOLISH STRUCTURE

       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, December 5, 2002 does hereby order that the
following structure(s) located at 1968 Leahy (Garage), Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                   NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                            F1zr~n:1~LS
                                            RobertlB. Grabinski, Director of Inspections




O\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                             CITY OF MUSKEGON
                CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: November 25, 2002

Address of the Property:     1968 Leahy (Garage)


TO:    Hattie & Idell Sheard, 1968 Leahy, Muskegon. Ml 49442
       [Name & Address of Owner]

       None
       [Names & Addresses of Other Interested Parties]




Please take notice that on Thursday, December 5, 2002 , the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30
o"clock p.m., and at the said hearing consider whether or not the following structure
should be determined to be dangerous. substandard and a nuisance, and demolished,
or repaired.

The reason for this hearing is that you have not complied with the Notice and Order to
Repair issued 9/26/02.

At the hearing on Thursday, December 5, 2002 , at 5:30 o"clock p.m., at the
Muskegon City Hall, 933 Terrace Street. Muskegon, Michigan, you may appear and
present any relevant evidence to the Housing Board of Appeals and have counsel of
your choice present, if you desire, to show cause why the structure should not be
allowed or ordered demolished.

                             CITY OF MUSKEGQN INSPECTJQN DEPARTMENT,

                             ~Zl_1;J                 11:t~~~!;~D OF APPEALS

                             Robert B. Grabinski, Director of Inspections




0 \INSPECTI0NSIGRABINSKI_L0RRAINEIW0RDIHBA MEETINGS\STANDARD FORMSIN0TICE OF HBA HEARINGO0C
                                 CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH} A STRUCTURE

DATE:         September 26, 2002

Address of the Property:    1968 Leahy (Garage), Muskegon, Michigan



TO:     Hattie & Idell Sheard, 1968 Leahy, Muskegon, Ml 49442
        [Name & Address of Owner]

        None
        Names & Addresses of Other Interested Parties)




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1. ~X~_ _ Obtain the issuance of all permits required to accomplish the repair
                  of the structure defects listed in the attached schedule within
                  30 days of this notice. All repairs shall be accomplished within the
                  times set forth in the permits. All work must be physically
                  commenced within 30 days of the date of this notice.

        2. _ __      Obtain the issuance of the appropriate permit for the demolition of
                     structures within 30 days, and accomplish the demolition thereof
                     within 60 days of this notice.



      The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

       The following conditions are present at the structure at 1968 Leahy (Garage),
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.

       Please see the attached inspection report


                                  ~ F MUSKEGON INSPECTIONS DEPARTMENT


                                  \/)J__~~.
                                   Rob rt B. Grabinski, Director of Inspections
                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                       /968 Leahy
                                       (GARAGE)

                                        9/11/02


Inspection noted:

1.     Roof deteriorated with holes.

2.     Exterior needs paint.

3.     Siding needs repair.

4.     Footing and foundation inspection required.



BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. 1 HA VE
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.



                                                                     q -· a-s <' _,,_
HENRY FA "f!NOWSKI, BUILDING INSPECT R                           DATE




O:\lnspections\Grabinski_ Lorrainc\Word\DANGEROUS BUILDING INSPECTION REPORTS\ 1968
Leahy -G .doc
                                         NOTICE OF RESOLUTION
                                     DANGEROUS BUILDING PROCEEDING

TO ALL INTERESTED PARTIES:

TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined
that the building located on the following described property constitutes a dangerous building
and has recommended to the City Commission that it shall be demolished. If demolished, the
cost incurred by the City of Muskegon for demolition shall become a lien on this property. The
determination was made by the Housing Board of Appeals on December 5 2002. The
property is described as follows:

*Musk. Hts. Lot 16 Blk 26



Also known as: 1968 LEAHY

Any person interested in the property should consult with the Office of the City Clerk for the
City of Muskegon for further information.




                                                        ~o.L~
                                                        Gail A. Kundinger,     cierk

n<.'c_U-_j ( l   ' '   C   rn.. 1   /o. t   t
STATE OF MICHIGAN
COUNTY OF MUSKEGON

The foregoing instrument was acknowledged before me this /J';'/i day of g«-e,tcr 2002 by
Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon.



                                                        ,:;Jindk .-z<l. :trib/c
                                                             '             ?   g,1/
                                                       Dn.fn _-,/:/,:1 o·, Notary Public
                                                        Muskegon County, Michigan
                                                        My commission expires: '}-.,?-)~,_;(,

Prepared By & Upon Recording Return To:
John C. Schrier, Parmenter O'Toole
175 W. Apple Ave, P.O. Box 786
Muskegon, Ml 49443-0786
l-lfli\ Minutes   12i5 02




#02-02-068 - 1968 Leahy (Garage) - Idell Sheard, same address

Edward Sheard was present to represent this property. He will demolish the
garage within 30-45 days.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence at
their second meeting in January 2003.

A motion was made by Jerry Bever and seconded by Nick Kroes to accept staff
recommendation.

A roll cal vote was taken:

AYES                        NAYES:       EXCUSED:           ABSENT

Greg Borgman
Randy Mackie                             Clara Shepherd
Jerry Bever
Jon Rolewicz
Nick Kroes
John Warner

The motion carried.

#02-052 - 1337 Marquette - Equicredit, Jacksonville, FL

       olvin and Colin Thomas were present to represent this ca
been m       by them and accepted by Equicredit. There wa     me discussion on
the quality o e roof and Henry Faltinowski stated he     d inspect it with them.
An interior inspe · n has not yet been conducted

Staff Recommendation:




AYES:                                    EXCUSED:

Greg Bo    an
Ran     ackie                            Clara Shepherd
J



                                      S of 9
DATE:         February 17, 2003

TO:           Honorable Mayor and City Commissioners

FROM          Robert B. Grabinski, Director Inspection
              Services Dept.

Re:          Concurrence with the Housing Board of Appeals
             Notice and Order to demolish. Dangerous building case #02-055-
             465 Adams (Garage).


SUMMARY OF REQUEST:                This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 465 Adams (Garage only) Is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.

Case# & Project Address: #02-055- 465 Adams (Garage).


Location and ownership: This structure is located on Adams between Marshall
and Wood Street. It is owned by Timothy Hatcher.

Staff Correspondence:       This structure was written as a dangerous building
when it was reported open 9/11/02. A Notice and Order to repair or remove, was
issued 9/26/02. On 11 /7 /02 the HBA declared the garage dangerous and
substandard. There has been no contact from the current owner.

Owner Contact:       None

Financial Impact:   The cost of demolition will be paid with general funds.

Budget Action Required:      None

SEV: $1,500

Estimated Cost of Repairs:          $3,000

CITY COMMISSION RECOMMENDATION:                 The Commission will consider
this item at it's meeting on Tuesday, February 26, 2003.
....




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                                                                                                                                                              _;_j
     For The Inspection Department                                                                  File#: 424885
     City of Muskegon



                                     FROM CITY ASSESSOR'S .RECORDS


     OWNER:                               Timothy Hatcher

     PROPERTY:                           465 Adams

     PARCEL NO:                           24-205-008-003-00

     OESCRfPTION:                         Wly 42 ft. Lot 3 Blk 8


                                FROM RECORDS OF TRANSN ATION TITLE


     LIBER:                               1030

     PAGE:                                40

     DATE OF DEED:                        January 4, 1974

     GRANTOR NAME & ADDRESS: Secretary of Housing and Urban
     Development, of Washington, D.C., acting through the Federal Housing
     Commissioner

     GRANTEE NAME & ADDRESS: Timothy C. Hatcher, a single man; 465
     Adams Ave., Muskegon, Mi 49442

     LIENS OR MORTGAGES: None

     TODAY'S DATE:                        February 14, 2003

     EFFECTIVE DATE: January 21, 2003 at 8:00 AM

     Abstracted by:
                                TRA
                                     ~J.,u_, 0m&.J ~
                                       NATION TITLE INSURANCE COMPANY
     The ubovo infomui.tic:n'I is 10 b11 used for refcrt11ct purposes cmly and not 10 be f&)liod upon W!ii t:..,idence of lido and/or
     t11cumbnmce&, A1a:ordingl)', t;11id information is furnished .ut u rtduced r.atc, and the Cornpuriy's lh1'oility shull ln no \WOOi
     ex~OO tht amo~nt puid {at ,aid inform11ion, ahoult.1 cvidonco of tillo o.odlor 1:neumbr.il\CC9 be dceired, uppiicl1.tion tOI' ti1lc
     in11Unmce should be p\~<:d with Trun,nution Tit\Q In11unm<:t Company,




7.Tn·a HI 7.tt         '()'.J   '.=l:')N\r'HnsNI   '.:r'TJ,I.L NOilVNSN\f'tLi,                     uoo ou H, os:u r.oozJ1·a3J
                                                                          party(ieo) of th• socond p4rt,
          WI'fflBS5ETII:             That the eaid party of tho ,1,'ire'C part, tor and io oonaid-
     ention ol tho aum of 8ix Thoue01,a 1'1vo llundr•d-,••··-·•····-··-·······•---lXlLUIIS
     c,   6,500.00 ) , to him la hw,d paid by tho Batd i•arty(toa) of thG 1eoond
     part, the rec~tpt whoraof 1s hereby oonfo9G04 and acknowledged, ba• irantod,
     barguood, sol.II, ro1111aed, rijlcued, aliened, and confirmed, and by than
     prenent, d08~ grt.:it, bUga1n, sell, r8J71iSO, nlion, raleaae and oon£irM unt~
     tile party{l.~s) o! the second part, nnd to tho hoire and aoair,,u of Hid
     puiy(1ea) ot u10 socood part torAvtr, tM fol~owinJ doeo,,ibed rool oatatt
     attu11te to tho    c1ty           or ~1J1k0e011     Cou11,ty of 111:i.1akeRon
     Stato ot· M1c:hJg,m, to wit;

                     Tlltl Weet fl~ raot of Lot , o.f m.odk B ul' tho t-t~v1011d P.lA.t {ol' ~.:,ID:,) of'
                     the City of ~Dkogon. SUbJl'lot to an oaaarnol'l.t ov.or thq ~root 4 fu&t.
                     theroor. And tot:et.her .w!it.h, a.n l)ll.l!otto~nt ov~:r- thr.i ifl.e.it 4 !'eot of 'th&
                     luLd od.loit1:lng ou tho ·Waot fo~ ll ,,01.nt dr:ivr,x.,r;y, u11:ld Joirit cb-:ivowuy
                     to oxter:nl baak 100 f(;tOt only from ttiti l'roro-t lirl~ of the lot Qlfil oontair,itd
                     in :1not'l'1.l«l~nt .t"(f(lordod tn l,i"bor 806, Pago 45,6.


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                                              0                                 Re,"" for o,ompUon, aea Sueilon 5 (,}
           " ..·,..:·.
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                                              u:
                                                                                Public Atl 134 ol l966,>11mandod by Publl~
           .'   '    '"
                     ,:;
                                          ~   ,,,..                             Acl 2li$ ol 1967,
           :·   ~.:;:
                    .1,:
                              :~';
                              ~
                                     ,i:,;t
                                        '•    .
                                     ,C-''!":.._,,
                                               ·.,
                              .h

            Blll!IC th~""""' proporty ooqu1red ~Y tbv party of the f1r•t part purwuaat
     to_tbo provl~loau ot tbe ffAtlonal H0~~1D& Aot 1 aa &llleDCled (la Ul!C 1701 It uq,)
     ..,.d tbv .Dopartr..r,t ol llouulng .ad Urllan Dovelop11ent· Act (70' Stai, 887) •

           TOOllTIIIIR with all aott a1asular the ba••d1tament• and awurtoa~acea tbe~e-
     uato bolougtua or 10 uywiae Appartaiaiusi nnd the ru•eraion or r~voraion1 1
     ~~mMtoclor or remaindera, ~•nta, l•Quv• and p~ottts th•r•ot; &ad all tha e•taito,
     Ul!l,t, titlo, 1ntere.,t, tlllh• or demaad ,.blltMoe,•or, ot tha naid party of the
     t1r~t port, either in law or equity, of, in aad to the abova bargained
     pr•~1Na, with tho aa1d horoditamoDta 4Dd appurtenaocea.


!jg of    TO HAYE f<lrD TO BOLD the promiaoe H before deac.-ibad, with tlle appu.rt•-
    baa.cos, uato the said party(le•> of the soco~d part, •nd the hairM and a1•i•a•
       •~1~ party(1e•J ot tbo aeooad part, forevur.

i        8U8JECT to All cove4&11.t•, reetriotions. reaarvatio~a, ansomanta, cattdi•
     Uono and rtr:i,t" 4pp11arta11: of rocord s and 9UBJICT to •al' •t•t. of f"°ta u
     MCc...-ato        """"l' would abow.                                                                                    s
J
?       AID th• •aid pa.rty ot tbe first put, tor bim•oll aad hie •uoce•sor• im                                              i
r O1:fico, ao.a covenant, r.an1:, l!ar1'a.1a, ·and ,11.,rroo to ud 11:Uh thu ••t.d putv-
ll (lea) ot th& ,...,ond par , and the lloiH &ad &e9i&H i>f a·a1<1 party(ioa) ot t~• ~
S •ecood part, that the &aid ~arti ot the tirat put bA• no~ h•r•tofo~o do.,.,
a OIIUlittOQ Or WittillllJ or wi11inB1Y 11Uf~8P8d ~Ob~ do~• ~r OOMitte4, IUlf act,MI
.r aattor or llita,r uatsoever, •h•r•bv tbo promiaea u.roby p-"4t..S, or any p&l't ~
JI thdreof, ie, aro, or ahall be charged oz· eis.cumba.rtJd 1D title, •Mtate, or
: Othon~£ h~:~,~=r~
,:         V ' ~


                           '00 SON\/HnSNI S~lll NOilVNSN\/Hl                         2C60 6CL 1C2 0S'l1 C002,L1'g3J
               NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: February 13, 2003


       465 Adams (Garage only)
       (Address of Property)


TO:    All owners and interested parties:

       Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442

       None
       (Other interested parties)




On November 7, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on February 26, 2003 to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any relevant evidence and arguments
concerning the decision to demolish the above structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPT.
                                     FOR_I.l::lE HOUSING BOARD OF APPEALS


                                     By
                                        ✓      ) J J_'ii yf
                                               cr{YuL . NN::JJ.:x,
                                                                   ,Jg_.J•

                                     Robert · . Grabinski, Director of Inspections




                          AFFIDAVIT OF SERVICE OR MAILING


O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARINGDOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:         November 8, 2002

        To:   Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442
              Owners Name & Address

              None
              Names & Addresses of Other Interested Parties



                          ORDER TO DEMOLISH STRUCTURE

       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, November 7, 2002 does hereby order that the
following structure(s) located at 465 Adams (Garage), Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




0 IINSPECTI0NSIGRABINSKI_L0RRAINEIWORD\HBA MEETINGSISTANDARD F0RMSIORDER TO DEMOLISHOOC
                   NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                            Robei B. Grabinski, Director of Inspections




O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISHDOC
                             CITY OF MUSKEGON
                CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: October 28, 2002

Address of the Property:     465 Adams (Garage)


TO:    Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442
       [Name & Address of Owner]

       None
       [Names & Addresses of Other Interested Parties]




Please take notice that on Thursday, November 7, 2002, the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30
o'clock p.m., and at the said hearing consider whether or not the following structure
should be determined to be dangerous, substandard and a nuisance, and demolished,
or repaired.

The reason for this hearing is that you have not complied with the Notice and Order to
repair issued 9/26/02.

At the hearing on Thursday, November 7, 2002 , at 5:30 o"clock p.m., at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and
present any relevant evidence to the Housing Board of Appeals and have counsel of
your choice present, if you desire, to show cause why the structure should not be
allowed or ordered demolished.

                             CITY~USKEGON IN~SPECTION~PARTMENT,
                             ON'13EHAiF }JF JH~ INGj ~OA D,OF APPEALS
                                        ~\Q.                 ~/~
                              By _ _. / 1 - - - - - - - - - - - - - - - - -
                              Robert . Grabinski, Director of Inspections




0 \INSPECTIONS\GRABINSKI_LORRAINE\WOROIHBA MEETINGS\STANOARD FORMSINOTICE OF HBA HEARING DOC
                                  CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:         September 26, 2002

Address of the Property:    465 Adams (Garage), Muskegon, Michigan



TO:     Timothy Hatcher, 672 E. Isabella, Muskegon, Ml 49442
        [Name & Address of Owner]

        None
        Names & Addresses of Other Interested Parties]




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1. '--'X_ _ _ Obtain the issuance of all permits required to accomplish the repair
                      of the structure defects listed in the attached schedule within
                      30 days of this notice. All repairs shall be accomplished within the
                      times set forth in the permits. All work must be physically
                      commenced within 30 days of the date of this notice.

        2. _ __      Obtain the issuance of the appropriate permit for the demolition of
                     structures within 30 days, and accomplish the demolition thereof
                     within 60 days of this notice.



      The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

       The following conditions are present at the structure at 465 Adams (Garage),
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.

       Please see the attached inspection report




                                   Ro' er! B. Grabinski, Director of Inspections
                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                      465Adams
                                      (GARAGE)

                                       9/11/02


Inspection noted:

1.     Garage structure extremely deteriorated and must be demolished.




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




                                            ECTOR




0:\1 nspections\Grabinski_Lorrainc\ Word\DANGEROUS BUILDING INSPECTION REPORTS\465
Adams - G.doc
                                     NOTICE OF RESOLUTION
                                 DANGEROUS BUILDING PROCEEDING

     TO ALL INTERESTED PARTIES

     TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined
     that the building located on the following described property constitutes a dangerous building
     and has recommended to the City Commission that it shall be demolished. If demolished, the
     cost incurred by the City of Muskegon for demolition shall become a lien on this property. The
     determination was made by the Housing Board of Appeals on November 7. 2002. The
     property is described as follows:

     * Wly 42 ft. of Lot 3 Block 8




     Also known as: 465 ADAMS

     Any person interested in the property should consult with the Office of the City Clerk for the
     City of Muskegon for further information.

     Witnesses:


                                                             LO_~,·
                                                                ail A. Kundinger, C l e r ~


      1,tn ,'.l"•i''·t- 1rL. /ct.ct:::
     STATE OF MICHIGAN
     COUNTY OF MUSKEGON
                                                                                              .,
     The foregoing instrument was acknowledged before me this ;:/,,,,) day of .a-.,1·,.£12002 by
     Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon.



                                                             ,••;"':
                                                                       I   · -1
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                                                                                             u. ,. /
                                                                                            ,-:.•,:--,,,

                                                            '' ,f    . 0    .             .
                                                           L. mfo -'· /,•," ✓: Notary Public
                                                             Muskegon County, Michigan
                                                             My commission expires: ?··J)·OC·

-,   Prepared By & Upon Recording Return To:
     John C. Schrier, Parmenter O'Toole
     175 W. Apple Ave, P.O. Box 786
     Muskegon, Ml 49443-0786
I-IBA Minutes   11/7/02



                          NAYES:                                  ABSENT


                                            Nick Kroes




DANGEROUS BUILDING NEW CASES:

#02-055 - 465 Adams (Garage) - Timothy Hatcher, 672 E. Isabella

Mr. Hatcher was not present for the meeting and there has been no contact.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.

A motion was made by Clara Shepherd and seconded by John Rolewicz to
accept staff recommendation.

A roll cal vote was taken:

AYES:                     NAYES:            EXCUSED               ABSENT:

Greg Borgman
Randy Mackie                                Nick Kroes
Jerry Bever
Jon Rolewicz
Clara Shepherd
John Warner

The motion carried.

#02-064 - 1482 Getty (Garage) - Brewer Equities LLC, 11632.,~1<
Ct.         I 49345




                                                                 s of the notice. He
was sent a ru-1~ for this hearing to which he replied to us wit            · ·ed letter
statin         aisagreement with the cities procedures and he will have the bu         g
rl""'wffilished. Franklin Contractors pulled a demolition permit. Mr. Brewer came to



                                         2 or6
DATE:         February 17, 2003

TO:           Honorable Mayor and City Commissioners

FROM:         Robert B. Grabinski, Director Inspection
              Services Dept.

Re:           Concurrence with the Housing Board of Appeals
              Notice and Order to demolish. Dangerous building case #02-071-
              521 Mulder (Garage only).


SUMMARY OF REQUEST:                  This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 521 Mulder (Garage) Is unsafe, substandard , a public nuisance and
that it be demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids fo r the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.

Case# & Project Address: 02-071 - 521 Mulder (Garage)

Location and ownership: This structu re is located on Mulder between Ellifson
and Jackson. It is owned by Robert and Diane Dempsey.

Staff Correspondence:       This structure was written as a dangerous building
when it was reported open 9/11 /02. A notice and order to repair or remove was
issued 9/26/02. On 12/5/02 the H BA declared the garage dangerous and
substandard. Mr. Dempsey was at that meeting and stated he would like to re-
roof the garage, but he does not have the finances to do so. The garage has
been in a collapsed state since 2001. He was told the garage would also need a
foundation inspection if he intends to repair it and he would need to contact the
building inspector. The garage was declared dangerous and substandard , but
Mr. Dempsey was told if he wanted to save the garage he would need to move
forward with repairs within 30 days. There has been no further contact from the
owner since that meeting.

Owner Contact:       None

Financial Impact:   The cost of demolition will be paid with general funds.

Budget Action Required:     None

SEV: $12,700

Estimated Cost of Repa irs: $3,000
CITY COMMISSION RECOMMENDATION:                 The Commission will consider
this item at it's meeting on Tuesday, February 26, 2003.
So\\
    For The Inspection Department                                                                  File #: 424884
    City of Muskegon



                                   FROM CITY ASSESSOR'S RECORDS


    OWNER:                             Robert & Diane Dempsey

    PROPERTY:                          521 Mulder

    PARCELNO:                          24-205-019-00 I 4-10

    DESCRIPTION:                       S 39 ½ft.Lot 14 Blk 19


                            .FROM RECORDS OF TRANSNATION TITLE


    LIBER:                             1343

    PAGE:                              516

    DATE OF DEED:                      April 4, 1996

    GRANTOR NAME & ADDRESS: Comerica Bank-Hackley, N.A., (formerly
    known as Hackley Union National .Bank and Trust Company), Trustee of the
    Louis W. Pitcher Trust under agreement dated August 7, 1973, as amended and                                                               ~
    restated October 27, 1978, 801 W. Norton Avenue, Muskegon, Mf 49443                                                                   /

    GRANTEE NAME & ADDRESS: Ethel M. Goff, a single woman, 2040                                                                / cV
    Whitehall Road, Muskegon, Ml 49443

    LIENS OR MORTGAGES: Unrecorded land contract

    TODAY'S DATE:                      February 14, 2003

    EFFECTIVE DATE:                                January 21, 2003 at 8:00 AM

    Abstracted by:
                            TRANS
                                        Q~C1nMJ 6----&fZ
                                              TION TITLE INSURANCE COMPANY
    'Ch~ o.bo\fc informo1ion is lO bo used for ,~tOn;nct purpo~c!): only und not 10 be celied lll'.IOR os cv1dcm:o of titlo 11f1(1/(1r
    cni.umbnmcn. A1.~rdlngly, will inrormurion is fumisnlld o.t u rcducOO rat.o, ,md lho Comp1my'e lh1hility ehull ln -no evttnt
    e1tceetl lhe amount paid for :r11id informltion, should 1:ivid"nco ofdlk and/or cncumblflnceo; be di:sired1 (jPJ)Jication for tillc
    inru11U1ct should be plucr.d with •rrWlsnation Tille:: lnsuror1cll Company.




zoo "d c6LZ#          ·o~    3~N1/HDSNI 3Ull NO!l\/NSN1/Hl                                        2£60 6£L 1£Z Lv'll £00Z,LJ"g3d
CONVBYS     TO                                   J:l'l'HBI.- .,. Goru, a Bingle women, Of 204,'0
Wn1teh411 Road, MUGkt90A,                       ~,on,~~n          49445


 the follow.:lng dv11otibt1d premiaea o!tu4ted in the City r,f Muelt\!llqon,,
county of Muskegonf State of ~ichiqan, ta wit,
     The South 39-1/l foot ot Lot u, DlocK 19, c.1ocorainq
     to the Rcvited Plan ot t:ha City of Musk.egoti, adopt.ad
     A. D. l903,


for the eum of; $3,000.00
&ubj~ct to l"'~a&tU'atione, oooBmenta oni!i r~et.tie'tion• o-.e record.

Doted this~day of                                                           1086.


Signe4 in th~ pco~~nce of1

 dt4-ca<4
  Jo!arc!• G~makaa
                       J,,,. < ,.4

  B•rbara          j?J Mey
S'.l'A'l'E D~ ~ICHIGAN )
                                                                                                   .,
                                                                                                   11,
                                )se.
COUNTY OP ... os~eOON)




~--
Wh@n Recorded ttetut'n To:


Send Suosequont tax Bil.l..s To;
Crantee
ora.t:tesd by:                                              auainoas MdreE1.G1:
o•roo~E, JOffNSQN, KNOWL'l"ON,                              17~ w. Apple Avenue
ROLF, CkhVTON i Elt.uNO                                     MueKoqon, ~ich19an      49~43
DY: Goocge w. Johnnoh



4069m

                                              .,46,t ,t (j,1,,:,J, )
                                                       #     .,   /)       ,,




          "():'!    ':l'')W}lnC:/IJT   i;fl'T,J,Tl   /IJOT.T.VNC:NV'ILT,
fOR USE WITH MICHIGAN REGION ALTA OWNER'S POLlCf


                           SCHEDULE A

Amount$     13,500,00      Pol1cy No. 168387       Date: June 14, 1990 at S:OO am

                              7NSURED
          Robert E. Dempsey and Diane L, Dempsey, husband   &   wife
1, The estate or interest in the land described or referred to in this schedule
   covered by this policy is tee simple.

2, Title to the estate or interest covered by this policy at the date hereof
   is vested in:
          Ethel H, Goft
3, The land referred to in this policy is situated in the
   City of Muskeaon, county of Muskegon,
   State of Michigan, and is described ns follows:
          The South 39 1/2 feet of Lot 14 of &lock 19 of the
          Revised Plat of the City of Muskegon, as recorded in
          Liber J of Plats, Page 71 of Mus~egon county
          Records.




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               NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: February 13, 2003


       521 Mulder (Garage only)
       (Address of Property)


TO:   All owners and interested parties:

       Robert & Diane Dempsey, 310 Vashti Lane. Muskegon. Ml 49442

       None
       (Other interested parties)




On December 5, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on February 26, 2003 to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5 30 p.177.
on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any relevant evidence and arguments
concerning the decision to demolish the above structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPT.
                                     F ~ HOUSING BOARD OF APPEALS


                                     By    ,l~t_v3 llJ,~,Jt.
                                     Robefi B. Grabinski, Director of Inspections




                          AFFIDAVIT OF SERVICE OR MAILING


O\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMl~ISSiON
HEARING DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS




Date:         December 6, 2002

        To:   Robert & Diane Dempsey, 310 Vashti Lane, Muskegon, Ml 49442
              Owners Name & Address

              None
              Names & Addresses of Other Interested Parties



                          ORDER TO DEMOLISH STRUCTURE

       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, December 5, 2002 does hereby order that the
following structure(s) located at 521 Mulder (Garage), Muskegon. Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals. to be dangerous, substandard and a public
nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish. if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANOARO FORMS\OROER TO DEMOLISH.DOC
                   NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                            Rob1~rt B. Grabinski, Director of Inspections




O:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
                             CITY OF MUSKEGON
                CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                   NOTICE OF HEARING

Da~: November25,2002

Address of the Property:     521 Mulder (Garage)


TO:    Robert & Diane Dempsey, 310 Vashti Lane, Muskegon, Ml 49442
       [Name & Address of Owner]

       None
       [Names & Addresses of Other Interested Parties)




Please take notice that on Thursday, December 5, 2002 , the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30
o"clock p.m., and at the said hearing consider whether or not the following structure
should be determined to be dangerous. substandard and a nuisance. and demolished,
or repaired.

The reason for this hearing is that you have not complied with the Notice and Order to
Repair issued 9/26/02.

At the hearing on Thursday, December 5, 2002 , at 5:30 o"clock p.m., at the
Muskegon City Hall. 933 Terrace Street, Muskegon, Michigan. you may appear and
present any relevant evidence to the Housing Board of Appeals and have counsel of
your choice present, if you desire, to show cause why the structure should not be
allowed or ordered demolished.


                             c0 1~B1o.Htl!f\ML
                                1\1 BEHh s0KETG~ONTN\..l.:A.o.ECJlT.Xl,-,O"'N'~D::..,EPARTMENT,
                                                           SIN ,80 RD OF APPEALS
                                                                            •
                             By     .
                             Robert,B. Grabinski, Director of Inspections




0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
                                 CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:         September 26, 2002

Address of the Property:    521 Mulder (Garage), Muskegon, Michigan



TO:     Robert & Diane Dempsey, 310 Vashti Lane, Muskegon, Ml 49442
        [Name & Address of Owner]

        None
        Names & Addresses of Other Interested Parties]




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1. ,_,X_ _ _ Obtain the issuance of all permits required to accomplish the repair
                     of the structure defects listed in the attached schedule within
                     30 days of this notice. All repairs shall be accomplished within the
                     times set forth in the permits. All work must be physically
                     commenced within 30 days of the date of this notice.

        2. _ __      Obtain the issuance of the appropriate permit for the demolition of
                     structures within 30 days, and accomplish the demolition thereof
                     within 60 days of this notice.



      The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

       The following conditions are present at the structure at 521 Mulder (Garage),
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.

       Please see the attached inspection report



                                   {J1~'ru::r;:ARTMENT
                                   Robert B. Grabinski, Director of Inspections
                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                      52] !',111/der
                                       (GARAGE)

                                        9///102


Inspection noted:

I.     Garage in state of partial collapse. Repair or complete demolition.

2.     Footing and foundation inspection required.


BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
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.



                                                                     9 . )- .s .('. i+-
HENRY F1 LTINOWSKI, BUILDING INSP, sCTOR                           DA TE




O:\lnspections\Grabinski.Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\521
Mulder (G).doc
IIBA l\linutcs   12.5.02




# 02-71 - 521 Mulder (Garage) - Robert & Diane Dempsey, 310 Vashti Lane,
Muskegon

Mr. and Mrs. Dempsey were present to represent this case. Nick Kroes asked
what their plan was for the garage. Mr. Dempsey stated he would like to re-roof
the garage. Mr. Grabinski stated that a foundation inspection would be required.
Mr. Dempsey also stated he might want to rebuild on the existing footprint, which
would have to be approved through the zoning department. He does not
currently have the finances to rebuild, he's not working. The garage collapsed in
2001. Right now it's being used to store some appliances. He wants to sell the
house. It is vacant at this time and he does not want to rent it out again since his
previous experience renting it out was not good.

Mr. Grabinski stated his only choice is to declare the building a dangerous
structure, but explained to Mr. Dempsey that he has time until the case would go
before commission and even after that to move forward with whatever he decides
to do. It was highly recommended by John Warner and Nick Kroes to check with
zoning right away and tear down the garage himself to save demolition fees. It
was also recommended that he call the Inspection office and schedule Henry
Faltinowski to inspect the structure to help clarify if it is worth saving.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.

A motion was made by Randy Mackie and seconded by Jerry Bever to accept
staff recommendation.

A roll cal vote was taken:

AYES:                      NAYES          EXCUSED:             ABSENT

Greg Borgman
Randy Mackie                              Clara Shepherd
Jerry Bever
Jon Rolewicz
Nick Kroes
John Warner

The motion carried.




                                        6 of9
                                          NOTICE OF RESOLUTION
                                      DANGEROUS BUILDING PROCEEDING

TO ALL INTERESTED PARTIES:

TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined
that the building located on the following described property constitutes a dangerous building
and has recommended to the City Commission that it shall be demolished. If demolished, the
cost incurred by the City of Muskegon for demolition shall become a lien on this property. The
determination was made by the Housing Board of Appeals on December 5, 2002. The
property is described as follows:

*S 39 ½ft.Lot 14 Blk 19



Also known as: 521 MULDER

Any person interested in the property should consult with the Office of the City Clerk for the
City of Muskegon for further information.

Witnesses:


  1r
,!..,-f
              !
          /le.IC:
                     /.}•
                    re,~  j('/                           Jb_Q_~,-J
                                                         Gail A. Kunding8r,Oerk
~
 I_       J)kl       (U
                                •"') {J
                  <-;;t_ \_t_\.J_ r.4; . .l (• t t
 r)        LCL,-_'.Jc,·-,t:      l t-
                                 /)    /o.t't".
STATE OF MICHIGAN
COUNTY OF MUSKEGON

The foregoing instrument was acknowledged before me this /J1A day of il.r:1,Js:,-2002 by
Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon.


                                                            ____/
                                                          --·       -
                                                                        . ;·
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                                                         ( lll!(li.(/ ,(:}
                                                                                 5·•
                                                                               . .
                                                                                       $i/' ;r,;.
                                                                                            //
                                                                                        (!~lt
                                                        /,>u«,, -~ /gn'r,; Notary Public
                                                          Muskegon County, Michigan
                                                          My commission expires: 9'·c7.J----v[

Prepared By & Upon Recording Return To:
John C. Schrier, Parmenter O'Toole
175 W. Apple Ave., P.O. Box 786
Muskegon, Ml 49443-0786
DATE:         February 17, 2003

TO:           Honorable Mayor and City Commissioners

FROM:         Robert B. Grabinski, Director Inspection
              Services Dept.

Re:           Concurrence with the Housing Board of Appeals
              Notice and Order to demolish. Dangerous building case #02-050-
              1129 Sanford.


SUMMARY OF REQUEST:                This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1129 Sanford Is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.

Case# & Project Address: 02-050 - 1129 Sanford

Location and ownership: This structure is located on Sanford between Houston
and Monroe. It is owned by Robert Alberts.

Staff Correspondence:     This structure was written as a dangerous building
when it was reported open 9/4/02. An inspection report was written at that time.
Upon issuing a Notice and Order to repair or remove, the owner advised that the
home was sold on a land contract to someone else. Permits were issued in
February 2002, but the work was not finished. There has been no contact from
the current owner. On December 5, 2002 the HBA declared the building
dangerous and substandard.

Owner Contact:      None

Financial Impact:   The cost of demolition will be paid with general funds.

Budget Action Required:      None

SEV: $14,100

Estimated Cost of Repairs:          $12,000

CITY COMMISSION RECOMMENDATION:                 The Commission will consider
this item at it's meeting on Tuesday, February 26, 2003.
-               -




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                                                                                                                                                                                                                                                                                                  :       '..,O
For The Inspection Department                                                             File#: 421881
City of Muskegon



                              FROM CITY ASSESSOR'S RECORDS


OWNER:                            Barbara Malmquist

PROPERTY:                         1129 Sanford

PARCEL NO:                        24-205-363-0008-00

DESCRIPTION:                      N 44 Ft. Lot 8 Blk 363


                       FROM RECORDS OF TRANSNATION TITLE


LIBER:                                       1319

PAGE:                                        246

DATE OF DEED:                                April 19, 1985

GRANTOR NAME & ADDRESS:                  Thomas W. Royle and Com1ie M.
Royle, 12935 Cleveland, Nunica, Mi 49448

GRANTEE NAME & ADDRESS: Barbara B. Malmquist, 81 Hamilton
Avenue, Apt.# 34, Muskegon, MI 49441

LIENS OR MORTGAGES: 3417/396

TODAY'S DATE:                                September 13, 2002

EFFECTIVE DATE:                             August 22, 2002 at 8:00 AM

Abstracted by:                      ~                        0 ,~ )
                      TRANSNAT!ONTLE INSURANCE COMPANY
The above information is to be used for reference pmposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
                     WAlll{ANTY !)l·J•I)
                     STATUTOl{Y l'C)l{M                                                                             .•. • •1 ..·,'
                                                                                                                  l .~~~.J_   ._1..1..•
                                                                                                                                         (J ·.·., .....,'.x
                                                                                                                                                     /,;,G                                      R I X
                       FOl~.l~Dl\'Jl)~~LS.~:__
                                                           2~_~L'. ,·, I.
              A:NOll'AU.,11/:'.VHY'nt!,sf.'l'H.l::.,·1.:Nn l'l,;11                      Thomas W. Royle and wife Connie M. Hoyle

             wt,mc• ,1r,•,•t numhn and pu,wrfin· add,._.""                          12935 Cleve land, Nunica, Mich! gan 494'-l-B

                                            .ind \\',,n,ml                         1u    Barbara B. Malmquist

                                                                                         81 Hamilton Avenue, Apt.                             in~.        ··:uf',kegon, Michl1~an 49441

             !h,· fo!lowmi: t1,,,n,h,·i! prc·m,w, <1t11alc',I "' lhc•                   Gi ty                           of      Musker-;on                              (",,un11· or   Muskegon
             ;in,! St.II<' <lf ,\!1d111'.~II. !<>-WU




                                          The North 44 feet of lot 8, Block )6), F'!vieed l'lat (of l')OJ)
                                          of the City of Muskegon, as Recorded in Liber J Jf J'~ats,
                                          Page 71, Muskegon Ccunty f!econi:c.;.
                                                                                                                                                       ~. 1.:. ! l
                                                                                                                                                     · u;: -1




             ro,u1nu11101         THIR'IEEN 'I'ti"0t:SAND F'IVE HllNDilli:D & N0/100 UUUAHS                                                          l:f:1),500 00)

                                 easements and regtrictlons of rvJc01U




                                     .,i,-,,{
            D.,t,·il 11;1,       /   '7      · ,!.,_1 "1 April

                               S1,:1wJ ,1•1d .'i,·<1fr,/   111 ,,,,.,, ..,,, ,,1




                                                                                                                                                                                                      11 S.I


                                                                                                                                                                                                      ii S I


                                                                                                                                                                                                      , l S.1
            STAT!: OF .\IH'lll(;,\~
            <"OL's·1 r oi: Ottawa                                                                                                                                                                 ___ ol S l

                                                                                                                    /   /       rJ,
             1"11,• [111,•~<llll): 111'11111!1<'!11 "•" ,1c·~n""kd;•n! h,·1.,,,. 11,,, lh1, '•II                                          <1.1\,,1   Apr.1.1
            h)' •1!1         _Tho.rnae W. Royle and w1!'e Connie M., Royle


                                                                                                           (.,, ;.__::}_ 04' .« 4_, L,1                                    '-o:::lu                L·

                                                                                                                                             _r,~~~<.J~./ __
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                                                                                                             Q   eb~:,~,~ f'l~/;c,                                                      Xuunty. ~hdui:ao


            •Note:[\)        ill',NI dale       (2) hn.:n nam,· ul pn,unf,J Jckrmwlc#cd (gr~nlor)                            '()) ,1gnamr,· nf pt1>on laking acknowlc,J~mcnt



                                                                                                                            ~
                                                                                                                            =
                                                                                                                                             ·f:h~1·
                                                                                                                                      MICHIGAN'··
                                                                                                                                          STATE OF     REAL ESTATE •
                                                                                                                                                '7.:' TRANSFER TAX Z
                                                                                                                                      Oe;t,cl Juum
                                                                                                                                      Taxct:cn
                                                                                                                                                                 i.:·     __.._,
                                                                                                                                                                                   o
                                                                                                                                                                                      •
                                                                                                                                                                                       I4 85
                                                                                                                                                                                         *        *
                                                                                                                                            ----ff;.,,;.,~~                        ------*
         Pini• noi. lh• followlntc
                                                       J.     II 1ne nou,1,1 •cl 1, Ptrlorme<I oul•
I.   Mull•l ~t•lu1 or ucn mil• qronlor                        ""• 1n• s111• ol M1ch19,,1n. \he                    Draft('d by:              Barbara B. Malmquist
2· i::1·, "t~.•1 .0~.::.~r ~~~)~" t>:,nr.::i7:
     mun D• lnt1,c•l•d.                                       ac1<now1ed9m~n! mu1t 1now tnt r1n1<
                                                              r~.l(~!n'o°nd ::~1•~        n~~t>•:,~~::.:.r,d~~    Bu,mrn adtlrti1:          81 Hamil ton Ave, #J4
                                                                                                                                            Muskeeon, Ml 49441
     Prlnt•d, \ypew,ltl•n o, 11amped                          m•nt. Tn• o!Uc1,f 1ul o! the ptr1on
     ~pon 1uch 1n<lrum•nl lmmo;;i,,tely                       perlomun1 tn• nou,1,1 ,ct oullldt
     n0<.u1n tne \!Qn•tu,e or ,uw pe,, 0 n.                   U•• s,.1,, ol M,chlvon ,nould b• •I•
                                                              11 . . 111o !ho deed,
                                                                                                                                                             Barb.·.ra B. MaJmqul.st
                                                                                                                                                              '\ J      "(,l:~)
                           NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: February 13, 2003


       1129 Sanford
       (Address of Property)


TO:    All owners and interested parties:

       Robert Alberts, 15924 O'Brien Court, Grand Haven, Ml 49417

       Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
       (Other interested parties)




On December 5, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on February 26, 2003 to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any relevant evidence and arguments
concerning the decision to demolish the above structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPT.
                                     FO~HOUSING BOARD OF APPEALS


                                     By,        UJ:_~ ~:,~1•
                                     Robert .. Grabinski, Director of Inspections




                          AFFIDAVIT OF SERVICE OR MAILING


O:\INSPECTIONS\GRABINSKI_LORRAINEIWORO\CC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          December 6, 2002

        To:    Robert Alberts 15924 O'Brien Court Grand Haven Ml 49417
               Owners Name & Address

               Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
               Names & Addresses of Other Interested Parties



                           ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, December 5, 2002 does hereby order that the
following structure(s) located at 1129 Sanford,_Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                    NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                            Robert B. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISHDOC
December 2, 2002



To Whom It May Concern:

I do not wish to receive any more notices regarding 1129 Sanford St. I sold the
property to Barbara Malmquist and have no interest in the property any more.




Thomas Royle
Permit Application Approval                                                             Page I of2



  ~
   iiffli:
      ------ .. ,,-   _,J




 Mechanical Permit Application

  Street
  Address:
  Property                                     {\/'\
                                                ' ., -.. J

  Number:
  Owners
  Name:
  Owners                    81 HAMILTON AVE APT 34
  Address:                  MUSKEGON Ml 49441
  Permit No:                ME-02-7101
  Requested
                            Owner
  by:
  Contractor:               N/A
  Architect:                N/A
  Category:                 MECHANICAL
  Permit Type: ALTERATION
  Type of
                            R
  Building:
  Description:              INSTALL NEW GAS FORCED AIR SYSTEM -
                            REPLACING BOILER
  Dates:                    App Date: 02/19/2002 Issue Date: 02/22/2002
 Value:                     N/A

                                      Item                                       Quantity
  Heating -Residential Heating System(Ducts and Hot
                                                                                          1.0
  Water Piping)

This application has been approved



http://intranet/Pcrmits/Data/p add permit app_approve.cfi11'?PID=7101 &Type=ME&DP...   1 1126/2002
Permit /\pplication Approval                                                                                                                  Page l of~




Plumbing Permit Application

  Street Address:
                                          ,'. ,'
                                           __
                                          ;·           .:   '
                                                                       /;          ! ;_, (
                                                                                    '   .. _.
                                                                                                >                ,··-!


                                                                                                                 ...   ,
  Property Number:              "         -- :? () .
                                                                !_~:
                                                                                                ,,•,,

                                                                        ' .. ---~i :,__ :_ '' '. '      ..
                                                                                                        . :·<:   ; ''


                                i                                                                    i .- /\i(             :/>. ,_;.·-·
  Owners Name:                                                                 '        '
                                                                            ( ) 1 :-__ : _      1..· ::_'  .  ..                "




  Owners Address:               81 HAMILTON AVE APT 34
                                MUSKEGON Ml 49441
  Permit No:                    PL-02-7099
  Requested by:                 Owner
  Contractor:                   N/A
 Architect:                     N/A
  Category:                     PLUMBING
  Permit Type:                  ALTERATION
 Type of Building:              R
  Description:                  REPLACE 2 TOILETS AND 3 SINKS
  Dates:                        App Date: 02/19/2002 Issue Date: 02/22/2002
 Value:                         N/A

                                                            Item                                                                          Quantity
   Permit Base Fee (Non-refundable)                                                                                                                1.0
   Fixtures, Floor Drains, Hospital Laboratory Devices                                                                                             5.0

This application has been approved
 Approved: Yes No
 By:       iLaura Hichue            ...    :-! Note:                                    I___ ,..........., ___ .....- ... ·.. ·-··..•.. ···-·-·-

 Date:            02/22/2002

IEDIT PERMIT

http://intranet/Pcrm its/Data/p add .. permit_ app_approvc.cfrn'?PI D=7099&Typc= PL& DPc...                                                   I 1/26/2002
Permit i\pplication i\ppn1\'al




  ~11@1.:
Build111g Permit Application

 Street                 ' 'i          \
                                                         .."'
                                                        ,; ".'·--
                                                                            :··,   •'1   ,,

                                                                                    . -- I

 Address:
 Property               '_-•_i       >() ~                            i.                      i
 Number:
 Owners                   /'     .   ...
                               /·\ '. 1\ '( i.. -.;:'
                                                                    ' "/'          ;::12          :'·:,
                                                                                                  ! \
 Name:
                                                                                          ...




 Owners                81 HAMIL TON AVE APT 34
 Address:              MUSKEGON Ml 49441
 Permit No:            BD-02-7087
 Requested
                       Owner
 by:
 Contractor:           N/A
 Architect:            N/A
 Category:             BUILDING
 Permit
                       RENOVATION
 Type:
 Type of
                       R
 Building:
 Description: INSTALL SIDING; NEW PANELING, CARPETING;
              NEW CABINETS; TRIMWORK
 Dates:                App Date: 02/19/2002 Issue Date: 02/19/2002
 Value:                $4,000.00

 I               Item
                                                                I                                         Quantity                     I
This application has been approved
 Approved: Yes No
 By:       Laura-Hich-ue -".'I Note:;-~-~----·- -- ... -----                                                         -·····


http://intranet/Perrnits/Data/p_ add permilapp approw.ci'rn''PID=7087&Typc=BD&DP...                                           I l /26/2002
                              CITY OF MUSKEGON
                 CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: November 25, 2002

Address of the Property:      1129 Sanford


TO:    Robert Alberts 15924 O'Brien Court Grand Haven Ml 49417
       [Name & Address of Owner]

       Thomas Royle, 227 E. Savidge St. Spring Lake, Ml 49456-1725
       [Names & Addresses of Other Interested Parties]

       Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443



Please take notice that on Thursday, December 5, 2002 , the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30
o'clock p.m., and at the said hearing consider whether or not the following structure
should be determined to be dangerous, substandard and a nuisance, and demolished,
or repaired.
                     '
The reason for this hearing is that you have not complied with the Notice and Order to
Repair issued 10/10/02.

At the hearing on Thursday, December 5, 2002 , at 5:30 o'clock p.m., at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and
present any relevant evidence to the Housing Board of Appeals and have counsel of
your choice present, if you desire, to show cause why the structure should not be
allowed or ordered demolished.


                             g~~f" JcT:go"'\i~~~~~~~_s
                             By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                             Robert B. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARINGDOC
131172-t-670]
FAX1722-1214

A.sscssor
23 I /724-6708
FAXi726-5181

Cemetery
2Jlf7H-6783
FAX/726-5617

Ch·II Sen·!ce
2] 1/724-6716
F AX/724-4405                                           West Michigan's Shorellne City
Clerk
231/724-6705
FAX/724-4178

Comm, & t'\elgh,      November 1, 2002
231/724-6717
FAX1726-2501

Engineering
231/724-6707
FAX1727-6904
                      Robert Alberts
                      15924 O'Brien Court
Finance
2311724-6713
                      Grand Haven, Ml 49417
FAX1724-6768

Fire Dept.            Re:    1129 Sanford, Muskegon, Ml
231/724-6792
FAX/724-6985
                      Dear Mr. Alberts:
Income Tax
23 l /724-6770
FAX/724-6768          The structure at the address noted above has been determined to be a
Info. Systems         dangerous building by the City of Muskegon Building Inspector. The attached
231/724-6744
FAX1722-4301
                      Notice and Order to Repair or Remove was issued October 10, 2002, but as your
                      name was not on the title search, you were not notified.
Leisure Service
231/724-6704
FAX/724-1196          The previous owner notified us that you bought the house in the 1980's from
Manager's Office
                      Thomas Royle and were sent the deed, but you must not have recorded it.
231/724-6724
FAX/722-1214
                      Also enclosed is the inspection report, noting all violations.
Mayor's Office
231/724-6701
FAX/722-1214          If you have any questions regarding this, please call the Inspection Department
Inspection Services
                      at 231-724-6715.
231/724-6715
FAX/726-2501

Plannlng/Zonlng
231/724-6702
FAX/724-6790
                      ~{Lt_~~.
Police Dept.
231/724-6750          Roirt B. G,ab;osk;
FAX1722-5140
                      Director Inspection Services
Public Works
231/724-4100
FAX/722-4188          RBG/lg
Treasurer                                                                      ['-
231/724-6720                                                                   ..I]
                                                                               ['-
FAX/724--6768                                                                                           Postmark
                                                                               er
                                                                                                          Here
Water Billing Dept,                                                            rn
231/724-6718                                                                   .-a
F AX/724-6768                                                                  D
                                                                               D
Water Filtration
231/724-4106
FAX/755-5290


                               City of i\Iuskegon, 933 Terrace Street, P.O. Box:§
                                                                                D
                                                                                ['-
                                                                         4 7 3 U s U-.-c- "':) L '"'o t
                                                                        }-cc\ ;J:_(LL/ Fl 311 r; 1D
                                                                        Cc-\-. :z,}1 ;J_uo';.L




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     _ 1)1.LM-lo-u- ~. t-..        &r~           \+l'.U)l:lh uJa..<-       ,g W.7 :- L3 D3 ,
                                 CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:         October 10, 2002

Address of the Property:    1129 Sanford



TO:     Barbara Malmquist, Sunny Loop, Holiday, FL 34690
        [Name & Address of Owner]

        Thomas Royle, 227 E. Savidge St., Spring Lake, Ml 49456-1725
        (Interested Parties)

        Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1.   X      Obtain the issuance of all permits required to accomplish the repair
                    of the structure defects listed in the attached schedule within
                    30 days of this notice. All repairs shall be accomplished within the
                    times set forth in the permits. All work must be physically
                    commenced within 30 days of the date of this notice.

                    Obtain the issuance of the appropriate permit for the demolition of
                    structures within 30 days, and accomplish the demolition thereof
                    within 60 days of this notice.



The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

The following conditions are present at the structure at 1129 Sanford, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.

      Please see the attached inspection report
                                   CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                        1129 SANFORD

                                             9/6/02


Inspection noted:

I.       Chimney brick deteriorated.
2.       Exterior needs painting.
3.       Foundation needs tuckpointing.
4.       Roof needs repairs - drip edge is required.
5.       Windows cracked or broken and open.
6.       Open doors.
7.       Side porch loose and improperly constructed. (Rear)
8.       Side porch (front) improperly installed.

INTERIOR

1.      Ceilings and walls are damaged.
2.      New plumbing is required.
3.      New electrical installed without permits.
4.      Stairs to upper need repair.
5.      New floor coverings required.
6.      Smoke detectors required to code.
7.      No heat in structure.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
/~
     0 ; )     $ ,,.-) ,,}
         t.·· -{- ti-< / I ,_, ,
                                     I  1'
     ~)f X-<-·'~- v..__,] /c.//<.::~( c~.   ~'                      c,7 -1,JI   --C', )·
R08'ERT B. GRABINSKI, DIRECTOR OF INSPECTIONS                           DATE




O:\lnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1129
SANFORD.doc
HflA Minutes   12/5/02



#02-050 - 1129 Sanford - Barbara Malmquist - mailing address in Florida

No one was present to represent this case. It has been vacant and is currently
boarded.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.

A motion was made by John Warner and seconded by Randy Mackie to accept
staff recommendation.

A roll cal vote was taken:

AYES:                    NAYES:            EXCUSED:           ABSENT:

Greg Borgman
Randy Mackie                               Clara Shepherd
Jerry Bever
Jon Rolewicz
Nick Kroes
John Warner

The motion carried.




 02-075 - 1884 Smith (Garage) - Credit Based Asset Service & Dou
C     I Hiatt, same address.

               i stated there is a new owner who intends to
garage.

                                                 ays to allow the owner time to
repair.

A motion was made by Nick Kr
staff recommendation.



AYES:                    NAYES:           EXCUSED:


                                          Clara Shepherd




                                        7 of9
DATE:         February 13, 2003

TO:           Honorable Mayor and City Commissioners

FROM:         Robert B. Grabinski , Director of Inspections

Re:           Concurrence with the Housing Board of Appea ls Notice & Order to
              Demolish. Dangerous building case #01-05 1-Add ress: 1166 W.
              Grand.



SUMMARY OF REQUEST:                 This is to request City Comm ission
concurrence with the finding s of the Hous ing Board of Appea ls that the stru cture
located at 1166 W . G rand is unsafe, substanda rd, a public nui sance and that it
be demolished within thirty (30) days.

It is furthe r req uested that adm inistration be directed to obta in bids for the
demolition of the structure and that the Mayor and City C le rk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.

Case# & Project Address: #01-051 - 11 66 W. Grand

Location and ownership: This structure is located on W. Grand west of Barclay
at the end of the cul de sac. It was owned by Kenneth & Maryjane Sanford and
they sold it on a land contract to James & Tamara Ward. An inspection was
conducted on 11 /15/0 1 due to compla ints regard ing the exterior condition of the
home. A notice and ord er to repair or remove was issued 2/26/02. The case
was heard before the HBA on May 2, 2002 and it was tab led for 180 days . At
that time it was ord ered that the repa irs to the front of the house be completed
within 30 days and the exte rior re pairs be com pleted w ithin 90 days. It was
stated if the conditio ns were met , the case wou ld not be brought back to the
HBA. The exterior repairs were not comp leted and the case was heard aga in
before the HBA on 12/5/02. The Wards were not prese nt, but they ca lled the
office on 11 /27 /02 and stated they had been work ing inside and spent a large
amount of money on the electrica l work and that the front of the house would be
completed within 60 days.       Th ere has been no contact w ith the owners since
that date. The HBA declared it dangerous and sub standard on 12/5/02.

Staff Correspondence : This p roperty was fire damaged and had an inspection
4/1/02. It had been rented o ut previous w ith no Certificate of Compliance. An
interior inspection was condu cted o n 4/15/02 with the property manager. The
HBA ordered the structure demolishe d 7 / 11 /02 . The Notice and Order to repair or
re move was issued 8/7/02.

Owner Contact: The owners w e re present at the 5/2/02 HBA meeting and stated
th ey wanted to repa ir th e house. They have called for some inspections, but
there has been no contact since 11 /27 /02.

Financial Impact:    The cost of demolition will be paid with general funds.
Budget Action Required:      None

SEV $26,500

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

Estimated Cost of Repairs:          $10,000

City Commission Recommendation:         The Commission will consider this item
at it's meeting on Tuesday, February 26, 2003.
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                                                              i     r
,. N                arbor Title
                  955 West Broadway
                  Muskegon, MI 49441
                                                    Title Search
                                                                                          Case No.: 100122376
                                                                                            November 21, 200 I

I.   I3eginning Date: 10/27/81, at 8:00 A.M.

     Please See Attached Liber 1226, Page 748, Muskegon County Records, for Legal Description:

2.   We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the
     subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
     I 0/26/200 I, at 8:00 A.M.

                                                        Documents
                       Deeds:                  l\ liscellaneous:
                                                1
                                                                                        Mortgages:
                Liber 1226, Page 748           Liber 2239, Page I I                       NONE

                                                          Taxes:
                            Proof of payment of special assessment for Sidewalk
                            Assessment, due and payable to the City of Muskegon in
                            the amount of $1,195.17, if paid by November 30, 2001.

                            Proof of payment the delinquent water/sewer usage, due
                            and payable to the City of Muskegon in the amount of
                            $38.84, if paid by November 30, 2001.

                            Proof of payment the Invoice Fees, due and payable to the
                            City of Muskegon in the amount of$220.00, if paid by
                            November 30, 200 I. (Invoice #9815551 and 9818917)

                            Payment of the 2000 delinquent taxes, due and
                            payable to the Muskegon County Treasurer in the
                            amount of $964.72, if paid by November 30, 200 I.
                            (Base amount - $692. 91 )**


                            Note:
                            No 2001 Summer Taxes were assessed.
                            Permanent Parcel No.: 61-24-205-481-0014-00.
                            2001 State Equalized Value: $23,900.00.
                            2001 Taxable Value: $19,858.00.
                            Non-Homestead Property.

                            **NOTE: The 2000 Winter tax bill included a
                            Sidewalk Assessment Installment in the amount of
                            $147.55)

3    'vVe find no United States Intcnrnl Revenue Liens recorded in the office of the Register of Deeds of Muskegon
     County, Michigan, against:
                                                                                            llm1226 11'.r 74S

                                                                                                                                              I
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h<lu nnd ru,ii:n,, FORC\'ER, ,,Jl Of {_!,                    ce,,.,:n piece uf      or p1ttcd          of bnd ,iw.,10 nnd h,•,:,r. in ,b
of    Cit~, of '.             ':,-: :· .'.1! Coun,y nf - _1;,t ]:,- ,·nn                     _.~!'d ,S,Mo of 1'-!khi,;a~•• ,1r1<J ,;,.,c,;L,.._/ n, f~J!oWJ, .1o,win
       Lot 1•~01,rtr:i:n (J. ;.:, 0£' · J.oc:: :•,i'.'1' :11:.:·/,· r:c: :~1.r;nt::-or:,: \',- J.J -,_f th-: ;,(!Vlr;-::d
            Plat (of 1·,,_,3 ) of t:ic C1tv nf J.:u~J~,•.:·on, asp01''!"",l•-t r:if J'r!c,r)rd in tho
            Offic0 o:!.' -',·1c ::c::i.-~t-°!l' L---~ii:-; for :;}i:i/ :;{)u:.ty, ->f



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Together with    o.J! IIJ\d 1Cngu/nc 1he J,or~,!Jtflm•n~• nncl
                                                         n;,purt,·;-,,>n<e, 1hereuntn holn,,_o;ing ot in ,,nywi,e "!'l'~"~ininr., If,nvo :i..nd To Hold                         J"
tho anid premi1<:1, n, i,ud" de,c,iOe<l, ,d,h tho o.ppur10t1.en<•', un!o ,~e s.~id pnrt            of 1he •ocond P-"< ,,nd tol ,,_;cir
hoiuru,.J....,ign1,FOREVElt Andthe.,,id                , C, ,- L1.1!.~.<·-r,             '"):•'.+,;··;:. , '.~t·:· :.::·( - ,::ilo
po.rt       ics<>f ihe         firu pnr1. for                 t:~cir                                             heir,, execu•~r• ,,nd nd,~ini"r~:o,,, do                      coveo,nnt, graur, barvUn
nnd "Eroc rn nnd with the 1.1id p.1<1 ?_ :· ~ ,:,f d,e ,ocnnd p,1ttl                                            ',;;)~_'U.'                         heir, :rnd n,,;,,,,,.
thM A{ tho time of ihc cmMling nnd doli•er-y <>f 1he1~ pu,a•nU                                                  .l:):'      :·.J'    M•II ,ri,~,! of ,he nho1·0 p,cn.,r,d promio,,I in f•o oi,np/c;

d,at thoy aro froo from nll i:,rn1nl,rnncc, whnre,•c,




and ch,,r             t~lCY              will, and                    '.ll'      h,in, <rerutor',             '\\'!([          ndmini.«riuo,,
Ullrle agnirut all fowful clnim• whQf1oc1·or,



        IN WITNESS \VHEREOf, Th~ ._,;d. pnrri0S                                              of 1h• liur put ha YU                     hereunto"'
1he day and )'cnr fir,t above ,.,.,in,n,


        Signed, &n!cd and Delinrcd in Prc.<cncc of


                   ()
~A-2/.Ccf-<?z._L'k,.,:U.
 hance3 Sova
                                                        =---
     <-:--\1-,(--c&..-L, ('G~0--t-D,L
  LindaCh8cn~y --<                         -    ~?J~--·------·-

        STATE OF f~'CHIGAN,

COUNT\' OP                :,ITJ'.)K~C'.,ON                                                     On,!,;,
                                                                                                                    2?nd                    d.w of
                                                                                                                                                           July                           • A. D,    ,J30
                                                                                                                                                    in ,u,d for s.,id r.ounT)' prnonally 4p_poued
 before me,
                                M,         c.      & Lillian Boonstra, husband & wife

 to rn• known to he rh• .,,.....,                 f'~"""              Jo,c,ikd in '"'d ~•!10 uecuted rh• ,·:,hin in,irum~nt, ,_-!,~
 n,b,owlodR.-d tho ,<nn,o '" ho                                                  fro~ net ,,nd dr«l.


                  Prepared by                                                                                                           '
                                                                                                                 _____ .:/.LLcM...<Yk'Yk-~-----~
                  M. C. Boonstra                                                                                           Frances Sova                                                   N"14'Y Pub!k,
                  480 Ruddiman Dr.
                  !lo. Muskegon, MI                             -n,   J

                        I ,
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                                                                                                                 !IOTt I.               ·''""'"
                                                                                                                                        ., ""''"
                                                                                                                                                 ~, .,     '~   """
               NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: February 13, 2003


      1166 W. Grand
      (Address of Property)


TO:   All owners and interested parties:

      James & Tamara Ward, 1160 W. Grand, Muskegon. Ml 49441

       Kenneth & Maryjane Sanford, 2035 Henry St. Muskegon, Ml 49441
       (Other interested parties)




On December 5, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on February 26, 2003 to consider the above
decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m.
on February 26, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon,
Michigan, with counsel, if you desire, to present any relevant evidence and arguments
concerning the decision to demolish the above structures.



                                      CITY OF MUSKEGON INSPECTIONS DEPT.
                                      FOFyfF[i= ~oys1NG JtQA~  ~PP ALS  o), 1
                                              1urx±vJJl~✓,Jq_.
                                      By~--'--------------~
                                      Robert B. Grabinski, Director of Inspections




                           AFFIDAVIT OF SERVICE OR MAILING


0 \INSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMl~ISSION
HEARINGDOC
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          December 6, 2002

        To:    James & Tamara Ward, 1160 W. Grand, Muskegon, Ml 49441
               Owners Name & Address

               Kenneth & MaryJane Sanford, 2035 Henry St. Muskegon, Ml 49441
               Names & Addresses of Other Interested Parties



                           ORDER TO DEMOLISH STRUCTURE

       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, December 5, 2002 does hereby order that the
following structure(s) located at 1166 W. Grand, Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\OROER TO DEMOLISH.DOC
                    NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                             F£5RTi'.bl:l_E
                                                      O SING,BO_t-RD,OF At.
                                                                         I
                                                                           PEALS:
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                                                                                               J ;,-",.,$




                                             Robe    8. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                             CITY OF MUSKEGON
                CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: November 25, 2002

Address of the Property:      1166 W. Grand


TO:    James & Tamara Ward, 1160 W. Grand, Muskegon, Ml 49441
       [Name & Address of Owner)

       Kenneth & MaryJane Sanford, 2035 Henry St. Muskegon, Ml 49441
       [Names & Addresses of Other Interested Parties]



Please take notice that on Thursday, December 5, 2002 , the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30
o"clock p.m., and at the said hearing consider whether or not the following structure
should be determined to be dangerous, substandard and a nuisance, and demolished,
or repaired.

The reason for this hearing is to review the status of repairs on the structure.
                     '
At the hearing on Thursday, December 5, 2002 , at 5:30 o'clock p.m., at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and
present any relevant evidence to the Housing Board of Appeals and have counsel of
your choice present, if you desire, to show cause why the structure should not be
allowed or ordered demolished.




O:\INSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
Hfl/\ Minutes 5/02



Case #01-051 - 1166 W. Grand - James & Tamara Ward & Maryjane
Sanford, 1160 W. Grand, Muskegon

Mary Sanford stated that she holds the land contract with James and Tamara
Ward on this home. A tree fell on the front porch and has not been repaired yet.
Mr. Grabinski stated there have been neighbor complaints and recently a police
report from 4/15/02 stating there are car parts and junk in the back yard and the
home appears to be in a state of disrepair. Mr. Ward stated the front porch was
removed Friday, 4/26/02 and the back right side of the foundation was been
repaired. He also stated there has been much work done on the inside. The
window in the upstairs front bedroom is not permanent, it was stuck in instead of
boarding the front. They will install an egress window. The Wards stated they
have done a lot of work and only one neighbor complains, most neighbors are
happy with what they have done. They live next door and have been trying to get
the inside done, so they can move in. They have had electrical and building
inspections. Mr. Kroes asked when the exterior work can be done. There was
discussion on time frames required by Inspections. There was also discussion
on how the exterior needs to be repaired, whether it has to be sided completely
or just on the front. The sides that are wood can be painted, the front is to be
sided.

Staff Recommendation: Complete the front exterior within 30 days, remaining
exterior within 90 days, allow monthly progress inspections, and table this case
for 180 days. If progress continues ii will not be brought back in 180 days. If
progress stops it will come back to the HBA.

Motion made by Randy Mackie, supported by Jon Rolewicz to support staff's
recommendation.

A roll cal vote was taken:

AYES:                 NAYES:               EXCUSED:             ABSENT:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Jon Rolewicz
Clara Shepherd
Nick Kroes

The motion carried.

                                                  choenherr, Warren, Ml 48093

                as present to represe             I       He is considering buying
__.,eard stated this house looks very bad, they saw   1                    abinski



                                       6   or 8
                              CITY OF MUSKEGON
                 CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                       ORDER TO TABLE THIS CASE 180 DAYS


Date of Order:       May 3, 2002

Address of the property:    1166 W. Grand




       To:    James & Tamara Ward, 1160 W. Grand, Muskegon, Ml 49441
              Owners Name & Address

              Kenneth & MaryJane Sanford, 2035 Henry St. Muskegon. Ml 49441
              Names & Addresses of Other Interested Parties




                            CASE TABLED FOR 180 DAYS


The Housing Board of Appeals of the City of Muskegon has reviewed your case and
ordered that it be tabled until the November 2002 HBA meeting. It has also been
ordered that the repairs to the front of the house be completed within 30 days of the
date of this letter, the exterior repairs be completed within 90 days of the date of this
letter, and that you call for progress inspections every 30 days. The exterior repairs do
not include siding the whole house. The sides that are wood can be painted. If these
conditions are met, the case will not be brought back to the Housing Board of Appeals.



                                         CITY OF MUSKEGON
                                         HOUSING BOARD OF APPEALS




                                         B~iJ,J,.
                                          Robe( B.Grabinski, Director of Inspections




                                            2
Permit Application Approval                                                                  Page 1 of I




   11@1[
 Building Permit Application                       Edit   I
  Street
                     1166WGRANDAVE
  Address:
  Property
                     24-205A81-0014-00
  Number:
  Owners
                     TIMMERMAN ER!C/HE/i.THER
  Name:
  Owners             1166 W GRAND AVE
  Address:           MUSKEGON Ml 49441
  Permit No:         BD-01-6693
  ~equested by: Owner
  Contractor:
     ---  --
                N/A
  Architect:    N/A
  ,Category:         BUILDING
  --------

  F'ermit Type:      ALTERATION
  Type of
                     R
  _Building:
  Description:       INSTALL SIDING ON FRONT OF DWELLING; DRYWALL 3 ROOMS;
                     COMPLETE ROOM UNDER CONSTRUCTION; THRESHOLD AT
                     FRONT DOOR
                                                              ----   ----

  Dates:             App Date: 12/03/2001 Issue Da_te: 12/07/2001
  Value:             $2,500.00
             Item            Quantity
  -----

   Building Permit Fee          83.25
 This application has been apprnved

  Approved: Yes r, No '
  By:           IHenry Faltinowski   .,,   Note:
  Date:         12/12/2001

  EDIT PERMIT

    JChoose name       .,,   PIN:


  01/15/2002                                                                         City of Muskegon




http://intra .. .Ip_ add _permit_ app __ approve.cfm 0 PID=6693& Typc=BD&DPerrnitNo=B D-01-669   1/15/02
Permit Application Approval                                                               Page 1 of 1




   11@11
 Electr-ical Permit Application                Eciitl

  Street Address: 1_166 W GRANDAVE
  Property Number: :2_4~205-481,_0014-00
  Owners Name:    TIMME:RMAN ERIC/tl_E::/\Jl::IE:R
  Owners Address: 1166 W GRAND AVE
                  MUSKEGON Ml 49441
  Permit No:      EL-02-6789
  Requested by:   Owner
  Contractor:     N/A
  Architect:      N/A
  Category:       ELECTRICAL
  Permit Type:    ALTERATION
  Type of Building:         R
  Description:              PARTIAL REWIRING - INSTALL SMOKE DETECTORS
  Dates:                    App Date: 12/19/2001 Issue Date: 12/21/2001
  Value:                    N/A
                                              ----

               Item              Quantity
  Permit Base Fee                     1.0
  Circuits each                       5.0
  Lighting Fixtures - per 25          1.0
  Inspections - Final Inspection      1.0
 This app!ic;:.;tion has been approved

 Approved: Yes r- No'
  By:          j Don LaBrenz
                                   "• Note:
  Date:        01/10/2002

  EDIT PERMIT

    !Choose name      -.-   PIN:

  01/15/2002                                                                       City of Muskegon




http://intra .. .Ip_add_perrnit_app __ approve.cfrn''PID=6 789&Type=EL&DPermitNo=EL-02-67 8   1115102
Incident Reoort             MUSKEGON POLICE DEPARTMENT              2002-007748-I
 Incident No    I    Date & Time Rept      Orrense: 55000
 2002-007748-I      04/15/2002    09:59    HEALTH AND SAFETY
 Occurred From:     I Occurred Until:      Incident Location
 04/15/2002 09:59      04/15/2002 09:59    1180 W GRAND AV
 Current Disp I Disposed To                Municipality         District
 CLOSED           CLOSED     SHIREY        MUSKEGON             115
 Disposition Date        Juveniles Only?   TTY Sent?  I Cance,led?  I TTY numDer
 04/15/2002                    NO             NO
 Photos? I Consent?        Affiaavit?      Optional Date/Time
   NO           NO             NO            / /       00:00
 Officer Assigned                          Investigating Officer
 10649 DIBBLE, JODI LYNN
 N    copy to inspections
0
T
E
 s   OFFENSE : INFO   Police Information
     =CAD TIMES: 10:35;00:00;00:00;00:00;
     Name/ Arlrlress / Phone                         I Descriotion
 p   NO PERSONS
      Description/Name/Comments   1MaKe/Model/Statl Serial No./Qty/Value
     NO PROPERTY
     Status/ Plate Tvoe7VIN     I Req/ Evirl !Value I Descrintion
     NO VEHICLES
       Cateqorv                     I    Description
     NO M.O. INFORMATION




rpt_revt.c 1.41           Date Printed: 04/15/2002                       Page   1
Continued                  MUSKEGON POLICE DEPARTMENT             2002-007748-I
 Incident No    I   Date & Time Rept       Ottense: 55000
 2002-007748-I     04/15/2002    09:59 I HEALTH AND SAFETY
 N   TAKEN FROM WORDPERFECT DOCUMENT 2002007748.001
 A        I was driving the alleys due to past complaints when I noticed
 R that in the rear of this yard there were car parts. Also the there
 R appeared to junk on the back porch and the north east side of the
 A house appeared to be in a state of repair that had never been
 T finished. When driving around to the front to get the address the
 I porch roof is sagging.     It appears that some type of repair is
 V being done to the front of the house but it is unknown when these
 E repairs were done or if there is a permit. There was no address on
    the front of the house but is between 1160 and 1180 W. Grand.
    Dibble   59




rpt_revt.c 1.41          Date Printed: 04/15/2002                      Page   2
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                   NOTICE OF HEARING

Date:   April 18, 2002

Address of the Property:      1166 W. Grand

Description of the Structure: Lot 14, & N 16 ½ft.of Grand Ave. abutting same Blk 481


TO:      Eric/Heather Timmerman, 1166 W. Grand, Muskegon, MI 49441
        [Name & Address of Owner]

        Kenneth & Mary Jane Sanford, 1160 W. Grand, Muskegon, MI 49441
        Names & Addresses of Other Interested Parties]




        Please take notice that on Thursday, May 2, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m.,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.

       The reason for this hearing is that you have not complied with the Notice and Order to
Repair dated 2/26/02.

        At the hearing on Thursday, May 2, 2002 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.




F:IINSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
                                  CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:         February 26, 2002

Address of the Property:   1166 W, Grand,     Muskegon, Michigan



TO:     Eric/Heather Timmerman, 1166 W. Grand, Muskegon, Ml 49441
        [Name & Address of Owner]

        Kenneth & Mary Jane Sanford, 1160 W. Grand Muskegon, Ml 49441
        (Interested Parties)




       The Building Inspection Department of the City of Muskegon has determined that the
structures above described are dangerous, substandard, and constitute a nuisance in violation of the
Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the demolition and
removal of the said structure unless you accomplish the actions indicated below within the time limits
indicated (only one to be checked):

        1.    X     Obtain the issuance of all permits required to accomplish the repair of the
                    structure defects listed in the attached schedule within 30 days of this notice. All
                    repairs shall be accomplished within the times set forth in the permits. All work
                    must be physically commenced within 30 days of the date of this notice.

        2. _ __     Obtain the issuance of the appropriate permit for the demolition of structures
                    within 30 days, and accomplish the demolition thereof within 60 days of this
                    notice.



        The conditions which cause the said structures to be dangerous, substandard and a nuisance
are listed in the attached schedule.
                                 FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with this notice, a hearing will
be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing
this notice and order and instituting City action to remove the structure. You will receive notice of that
hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and
have counsel of your choice present, if you desire. You will have the opportunity to show cause why
the structure shall not be ordered demolished.


                              SCHEDULE OF CONDITIONS

      The following conditions are present at the structure at 1166 W. Grand, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance.


       Please see the attached inspection report


                                                 C




                                                 Robe · B. Grabinski, Director of Inspections
                               CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                 1166 W. Grand Ave.

                                        11/15/01


Inspection noted:

I.     An interior inspection is required by all trade inspectors (plumbing, mechanical,
       electrical and building) before any permits or certificates of occupancy will be
       issued.

2.     Front porch damaged by tree - needs structural repair.

3.     Broken windows on home.

4.     Working on home with no pennits, interior and exterior of home.

5.     Contacted owner - owner stated a financial problem. Have not had contact with
       owner since and no pennits have been issued at this date.



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.




          C
         FALTINOWSKI, BUILDING INSPECTOR




F:\Inspcctions\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1166 W.
Grand.doc
I !BA [Vlinutcs   l2:'5-02




#01-051 - 1166 W. Grand, James & Tamara Ward, same address

The Wards were not present for the meeting. Mrs. Ward called the Inspection
office and stated they would not be able to attend due to a court case in White
Cloud. She also stated they have been working on the interior and spent $2700
on electrical repairs. Some of the board members drove by the house and it was
stated there is OSB halfway down the rafters and the windows are not finished.
They were ordered to install egress windows and it appears to be 28 x 28
windows. At the last HBA hearing they attended in May 2002, they were given
30 days to finish the front of the house, 90 days to finish the exterior, and 180
days to completely finish. They were also ordered to have 30 day progress
inspections. They have not complied.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.

A motion was made by John Warner and seconded by Jon Rolewicz to accept
staff recommendation.

A roll cal vote was taken:

AYES                         NAYES        EXCUSED:             ABSENT:

Greg Borgman
Randy Mackie                              Clara Shepherd
Jerry Bever
Jon Rolewicz
Nick Kroes
John Warner

The motion carried.



         =~rought back before the board because in Jul                 oard ordered
the new owner to s      ule an interior inspection withi       ays and it was not
done. Mr. Khatri stated th--ho did not have the        s until now to rehab the




                                        2 of 9
                                                 NOTICE OF RESOLUTION
                                             DANGEROUS BUILDING PROCEEDING

   TO ALL INTERESTED PARTIES:

   TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined
   that the building located on the following described property constitutes a dangerous building
   and has recommended to the City Commission that it shall be demolished. If demolished, the
   cost incurred by the City of Muskegon for demolition shall become a lien on this property. The
   determination was made by the Housing Board of Appeals on December 5, 2002. The
   property is described as follows:

   * S 82 ft. Lot 13 Blk 64




   Also known as: 1166 W. GRAND

   Any person interested in the property should consult with the Office of the City Clerk for the
   City of Muskegon for further information.




                                                                Gail A. Kundinger, Clerk

'--(--\
   I   !,
        \ (.l_ C,~(ll c_ _J.,_   ~r·)tJ,/
                                  ..
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                                    ~ f--.:       'I

   n    (0.,·50.,•.,:c:     11/..      f-.J(o..,(.r.

   STATE OF MICHIGAN
   COUNTY OF MUSKEGON

   The foregoing instrument was acknowledged before me this //;Ji day of/{." d-1-1.;-2002 by
   Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon.


                                                                                           7
                                                               I
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                                                                     f.,. /,'..
                                                                              I-·1),.,
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                                                                                         x,)    IZl/511
                                                                                               /,:-,, cv<·   C


                                                               i .. ,J,,'" ;/,, r,Notary Public
                                                                Muskegon County, Michigan
                                                                My commission expires: '7-Ji -,•c·

   Prepared By & Upon Recording Return To:
   John C. Schrier, Parmenter O'Toole
   175 W Apple Ave, PO Box 786
   Muskegon, Ml 49443-0786

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