City Commission Packet Archive 01-22-2002

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                           JANUARY 22, 2002
          CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                     AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Community Relations Committee Appointment. CITY CLERK
                 c. Funding for Storm Water Phrase II Permit Application.      PUBLIC
                    WORKS
                 d. High Service Pump #2 Rebuild -        Additional Repairs. WATER
                    FILTRATION PLANT
                 e. Creation of HDC Study Committee.       PLANNING & ECONOMIC
                    DEVELOPMENT
•   PUBLIC HEARINGS:
                 a. Spreading of the Special Assessment Roll on Watson. Rodgers &
                    Nelson ENGINEERING
                 b. Create Special Assessment District for Roberts Street from Keating
                    to Laketon ENGINEERING
                 c. Create a Special Assessment District for Black Creek Road.
                    Sherman to Latimer. ENGINEERING
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                 a. Extension   of  Construction    Time   Period         Purchase
                    Agreement/Former Lakos Property {Muskegon Hospitality. lnc./City
                    of Muskegon. PLANNING & ECONOMIC DEVELOPMENT
                       b. Fisherman's Landing RFP LEISURE SERVICES
•   NEW BUSINESS:
                       a. FIRST READING: Rezoning Request for Property Located near Bayou.
                          Butler and Wood Street. PLANNING & ECONOMIC DEVELOPMENT
                       b. Seasonal & Temporary Services Provider. CIVIL SERVICE
                       c. Consideration of Bids - Building Demo. For Shoreline Drive East.
                          ENGINEERING
                       d. Concurrence with Housing Board of Appeals Notice and Order to
                          Demolish the following: INSPECTION SERVICES
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION: Labor Negotiations
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   Limit of 3 minutes to address the Commission.
•   (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date:      January 22, 2002
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
Orientation that was held on Monday, January 7, 2002; and the Regular
Commission Meeting that was held on Tuesday, January 8, 2002.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
        CITY OF MUSKEGON
          CITY COMMISSION MEETING
                        JANUARY 22, 2002
      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, January 22, 2002.
Mayor Warmington opened the meeting by introducing Reverend Jerry DePoy from Bible
Baptist Temple, who offered the prayer, after which members of the City Commission and
members of the public joined in reciting the Pledge of Allegiance.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Stephen Warmington, Vice-Mayor Karen Buie, Commissioners Stephen
Gawron, William Larson, Robert Schweifler, Clara Shepherd, Lawrence Spataro; City
Manager Bryon Mazade; City Attorney Thomas Johnson and City Clerk Gail Kundinger.


2002-09 CONSENT AGENDA
               a. Approval of Minutes. CITY CLERK
   SUMMARY OF REQUEST: To approve the minutes of the Commission Orientation
that was held on Monday, January 7, 2002; and the Regular Commission Meeting
that was held on Tuesday, January 8, 2002.
   FINANCIAL IMPACT:    None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approval of the minutes.


               b. Community Relation Appointments. CITY CLERK
   SUMMARY OF REQUEST:          To concur with the recommendations from the
Community Relations Committee regarding appointments. The Community Relations
Committee held a meeting on January 14, 2002, to review the applications
presented for each of the various committees and boards.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approve the appointments.
               c. Funding for Storm Water Phase II Permit Application.         PUBLIC
                     WORKS
    SUMMARY OF REQUEST: The Muskegon Area Municipal Storm Water Policy
Committee, which represents all the municipalities affected by the NPDES Storm
Water Phase II Voluntary Permit requirements, has approved a proposal by its
consultant, Fishbeck, Thompson, Carr and Huber, to draft permit application for all
the municipalities. The total cost of this project will be $78,000. Costs were spread to
all the municipalities and Muskegon County based on population, total land area,
urbanized area, population in urbanized area and a community benefit factor. The
City of Muskegon's share of this cost is $14,960.
    FINANCIAL IMPACT: $14,960
   STAFF RECOMMENDATION: To approve this expense.
                 d. High Service Pump #2 Rebuild - Additional repairs.                WATER
                    FILTRATION PLANT
  SUMMARY OF REQUEST: To authorize necessary additional repairs to High Service
Pump #2.
   FINANCIAL IMPACT:      Repair costs of $8,970.00 in addition to the original
agreements of $31,824.99.
    BUDGET ACTION REQUIRED: This is an unplanned expense and will require an
internal budget transfer from another line item.
  STAFF RECOMMENDATION: To authorize payment to the contractor for the
additional repairs in conjunction to the original rebuild project at a cost of $8,970.00.
                 e. Creation of HDC Study Committee.            PLANNING & ECONOMIC
                    DEVELOPMENT
    SUMMARY OF REQUEST: The Westwood Group is interested in establishing an
historic district for the Boiler Works building and its vicinity in order to avail the State's
historic preservation tax credit program. For a new historic district establishment, the
state statute requires that the City Commission appoint a study committee to
conduct all necessary research and reports. The committee shall contain a majority
of persons who have knowledge or interest in historic preservation, and shall contain
representation from an organized local historic preservation organization. The
request is to appoint a study committee mainly to determine whether the Boiler
Works should be designated as a historic district.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: Staff recommends to appoint the following persons,
namely: Jon Colburn and Dan Chambers. Additional persons with knowledge in
historic preservation will also be recruited to serve in the study committee.
   Motion by Commissioner Schweifler, second by Commissioner Spataro to approve
the Consent Agenda.
   ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,                  Buie,
              Gawron.
                Nays: None
MOTION PASSED
2002-10 PUBLIC HEARINGS:
               a. Spreading of the Special Assessment Roll on Watson. Rodgers &
                  Nelson. ENGINEERING
   SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment roll for Watson, Rodgers & Nelson, and to adopt the resolution confirming
the special assessment roll.
   FINANCIAL IMPACT: A total of $80,102.59 would be spread against the twenty-
three (23) parcels abutting the project.
   BUDGET ACTION REQUIRED: None at this time.
   STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
      The public hearing opened at 5:37 p.m. to hear and consider any comments
from the public. There were no comments given from the public.
   Motion by Commissioner Schweifler, second by Commissioner Larson to close
Public Hearing at 5:40 p.m. and approve the spreading of the Special Assessment Roll
on Watson, Rodgers & Nelson.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
              Larson.
               Nays: None
MOTION PASSED
               b. Create Special Assessment District for Roberts Street from Keating
                  to Laketon. ENGINEERING
   SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of Roberts, Keating to Laketon, 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 5:40 p.m. to hear and consider any comments from
the public. There were no comments given from the public.
  Motion by Commissioner Spataro, second by Vice Mayor Buie to close Public
Hearing at 5:42 p.m. and create Special Assessment District for Roberts Street from
Keating to Laketon.
   ROLL VOTE: Ayes: Shepherd,     Spataro,   Warmington,   Buie,   Gawron,   Larson,
              Schweifler.
               Nays: None
MOTION PASSED
               c. Create Special Assessment District for Black Creek Road, Sherman
                  to Latimer. ENGINEERING
    SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of Black Creek Rd., Sherman to Latimer, 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 5:43 p.m. to hear and consider any comments from
the public. Public comments in opposition made by Bruce Peltier, 2241 Black Creek
Rd and Jim Duncan, 2300 Black Creek Rd.


   Motion by Commissioner Spartaro, second by Commissioner Schweifler to close
Public Hearing at 6:02 on the proposed special assessment of Black Creek Rd.,
Sherman to Latimer, and to create the special assessment district and appoint two
City Commissioners to the Board of Assessors by adopting the resolution.
   ROLL VOTE: Ayes: Spataro,     Warmington,    Buie,   Gawron,   Larson,   Schweifler,
              Shepherd.
               Nays: None
MOTION PASSED
   Motion by Commissioner Spataro, second by Commissioner Schwefler to table
proposed special assessment of Black Creek Rd., Sherman to Latimer until next
regular meeting.
   ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
              Spataro.
               Nays: None
MOTION PASSED
2002-11 UNFINISHED BUSINESS:
               a. Extension  of   Construction    Time   Period         Purchase
                  Agreement/Former Lakos Property (Muskegon Hospitality. lnc./City
                  of Muskegon). PLANNING & ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST:         To approve the written request from Holiday Inn
Muskegon Harbor/Muskegon Hospitality Inc. to extend the construction time period
designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the
City of Muskegon for the former Lakos property, with conditions. The conditions are
included in the Amendment Agreement, and include an extension of three years, at
the inclusion of which a new building will be constructed on the site. Conditions
include the requirement that a paved, landscaped parking lot will be constructed on
the site in the interim. If the parking lot is not constructed, in accordance with
requirements of the Engineering and Planning Departments, by May 31, 2002, the
original staff recommendation of January 8, 2002 will be in effect.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION:          To approve the Amendment Agreement and
authorize the Mayor and Clerk to sign.
   Motion by Commissioner Schweifler, second by Commissioner Larson to approve
the written request from Holiday Inn Muskegon Harbor/Muskegon Hospitality Inc. to
extend the construction time period designated in the Purchase Agreement between
Muskegon Hospitality, Inc. and the City of Muskegon for the former Lakos property,
with conditions.
   ROLL VOTE: Ayes: Buie,      Gawron,     Larson,   Schweifler,   Shepherd,   Spataro,
              Warmington.
                Nays: None
MOTION PASSED
                b. Fisherman's Landing RFP. LEISURE SERVICES
   SUMMARY OF REQUEST: To direct staff as to which proposal, if either, to pursue for
the use of Fisherman's Landing.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: See attached
   COMMITTEE RECOMMENDATION: The Leisure Services Board recommended that
to delay action for 30 days to allow both parties to work out an agreement, but to
work with Great Lakes to determine what an equal swap may be during that time.
   The public hearing opened at 6:13 p.m. to hear and consider any comments from
   the public. Public comments were heard from Chris Kelly (6:18), Mr. Burns 6:27),
   Dave Wendtland (6:44), Wayne Grossbeck (6:56), Skeeter Warner (7:01)
   (Charlevoix survey passed out), Debra Hawkins (7:01), Don Zutter (7:31 ), Jack
   Harrington (7:35), Greg Wagner (7:37), Thomas Hamilton (7:39), William Barefoot
   (7:43), and Joan Benedict (7:47). A recess was given at 7:19 and reconvened at
   7:31.
   Motion by Commissioner Spataro, second by Commissioner Schweifler to adopt in
principal the proposal submitted by Great Lakes to relocate Fisherman's Landing and
to present a Development Agreement to the Commission in 90 days.
   ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie.
                Nays: Shepherd
MOTION PASSED
2002-12   NEW BUSINESS:
                a. FIRST READING:  Rezoning Request for Property Located near
                   Bayou. Butler and Wood Street.    PLANNING & ECONOMIC
                   DEVELOPMENT
   SUMMARY OF REQUEST: Request to rezone property owned by Donald and Sherry
Lou Balcom, located near Bayou, Butler and Wood Streets, from RT, Two-Family
Residential and B-4, General Business to Rm-1, Low Density Multiple-Family Residential.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Staff recommends approval of the request
  COMMITTEE RECOMMENDATION:               The Planning Commission recommended
approval of the request at the l /l O meeting. The vote was unanimous.
   Motion by Commissioner Shephard, second by Vice Mayor Buie to approve the
request to rezone property owned by Donald and Sherry Lou Balcom, located near
Bayou, Butler and Wood Streets, from RT, Two-Family Residential and B-4, General
Business to Rm-1, Low Density Multiple-Family Residential.
   ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,            Buie,
              Gawron.
   Nays: None
MOTION PASSED


                b. Seasonal & Temporary Services Provider. CIVIL SERVICE
   SUMMARY OF REQUEST:          Approval of provider contract for seasonal and
temporary employment services. RFP solicitation resulted in three proposals, which
were due December 4, 2001. Proposals were received from: Kelly Services, Inc.,
17088 Robbins Rd., Suite B, Grand Haven Ml 49417; Manpower, 20 West Muskegon
Ave., Muskegon, Ml 49440-1317; Wise Services Inc., 600 Beacon Blvd., Suite C, Grand
Haven, Ml 49417. A committee consisting of managers and users reviewed proposals
and interviewed bidder representatives. While Kelly Services was the low bidder, the
decision to select Kelly Services was not made exclusively on that factor. Overall,
Kelly Services presented the most desirable package in terms of flexibility,
responsiveness, hiring and orientation process, references, and commitment to equal
employment opportunity.
  FINANCIAL IMPACT: Seasonal and temporary services are projected to cost
approximately $550,000 during 2002.
   BUDGET ACTION REQUIRED: Financial resources are allocated in the 2002 budget.
   STAFF RECOMMENDATION: Staff recommends adopting the committee's decision
to award the seasonal and temporary services contract to Kelly Services, Inc.
   COMMITTEE RECOMMENDATION: The committee is recommending Kelly Services,
Inc. be awarded the contract.
   Motioned by Commissioner Schweifler, second by Commissioner Gawron to
approve provider contract for seasonal and temporary employment services to Kelly
Services.
   ROLL VOTE: Ayes: Schweifler, Spataro, Warmington. Buie, Gawron Larson.
                Nays: Shepherd
MOTION PASSES
               c. Consideration of Bids - Building Demo. For Shoreline Drive East.
                  ENGINEERING
   SUMMARY OF REQUEST: The contract to demolish five structures at the following
locations to H & M Demolition Companies out of Holland; Rag & Metal (10 W.
Western), Captain Hook (685 Ottawa), Arts Mall (634 Ottawa), and Plasma Center
(701 Cedar). H & M were the lowest responsive and responsible bidder with a bid
price of $51, 250.
   FINANCIAL IMPACT: The demolishing cost of $51,250.
   BUDGET ACTION REQUIRED:       The cost will be from the budgeted amount for
   Shoreline Dr.
   STAFF RECOMMENDATION: Award the contract to H & M Demolition Companies.
   Motion by Commissioner Spataro, second by Commissioner Schweifler to award
the contract for the demolition of 5 structures to H&M Demolition Co ..
      ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
                 Schweifler.
                  Nays: None
MOTION PASSES


               d. Concurrence with Housing Board of Appeals Notice and Order to
                  Demolish the following: INSPECTION SERVICES
                  1. 432 Monroe & 1878 Smith
    SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structures located at 432 Monroe
and 1878 Smith are unsafe, substandard, a public nuisance and that they be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of these structures and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
   FINANCIAL IMPACT: CDBG
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision
to demolish.
  Motion by Commissioner Spataro, second by Vice Mayor Buie to concur with the
Housing Board of appeals decision to demolish houses at 432 Monroe and 1878
Smith.
   ROLL VOTE: Ayes: Spataro,     Warmington,   Buie,   Gawron,   Larson,   Schweifler
              Shepherd.
               Nays: None
MOTION PASSES
2002-13 CLOSED SESSION: To discuss pending litigation.
   Motion by Commissioner Schweifler, second by Commissioner Spataro to go into
closed session at 9:04 pm.
   ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
              Spataro.
                Nays: None
MOTION PASSES
  Motion by Commissioner Schweifler, second by Commissioner Spataro to return to
open session at 9: 16 p.m.
   ROLL VOTE: Ayes: Buie,    Gawron,    Larson,   Schweifler,   Shepherd,    Spataro,
              Warmington.
                Nays: None
MOTION PASSES
  Motion by Commissioner Schweifler, second by Commissioner Shepherd to
accept Attorney's recommendation on item one (1).
  ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
             Buie.
              Nays: None
MOTION PASSES
   Motion by Commissioner Shepherd, second by Vice Mayor Buie to accept
Attorney's recommendation on item two (2).
  ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,              Buie,
             Gawron.
              Nays: None
MOTION PASSES
   ADJOURNMENT: The Regular commission meeting for the city of Muskegon was
adjourned at 9: 18 p.m.
                                                         Respectfully submitted,




                                                         Gail A. Kundinger, CMC/AAE
                                                         City Clerk
Date:      January 15, 2002
To:        Honorable Mayor and City Commission
From:      Community Relations Committee
RE:        Appointments to Various Committees/Boards



SUMMARY OF REQUEST: To concur with the recommendations from
the Community Relations Committee regarding appointments. The
Community Relations Committee held a meeting held on January 14,
2002, to review the applications presented for each of the various
committees and boards.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approve the appointments.
                        COMMUNITY RELATIONS APPOINTMENTS

Board of Canvassers
      John Bronsema     (Republican)    - Reappointed
      Charles Nelson    (Republican)    - Reappointed
       Leola Chambers    (Democrat)     - Reappointed
       Katrina Gordon    (Democrat)     - Fill Vacancy (Joanie Wallace)

Board of Review
       Luther Dease         - Reappointed
       Lawrence Devoogd     - Reappointed
       Donald Haas          - Reappointed
      Jack Rottman          - Reappointed

Cemetery Committee
      Robert Vanderlaan - Reappointed

Citizen's Police Review Board
        John Barrett            - Reappointed
        Ben Garza               - Reappointed
        Marianne Harris-Darnell - Reappointed
        Bradley Young            - Reappointed

City Employees' Pension Board
       Art Rudd - Reappointed

Community Development       Block Grant-Citizen's District Council
     James Dalum            - Reappointed
     G. Ellouise Hieftje    - Reappointed
     Susan Kroes             - Reappointed
     Catherine Maybanks      - Reappointed
     Patricia Montney        - Reappointed


Election Committee
       Charles Nelson   - Reappointed

Equal Opportunity Committee
       Laura Rowan - Reappointed

Historic District Commission
        Daniel Chambers - Reappointed (Residency in the District)
       Wanda Matsey     - At Large Position
       Jackie Hilt      - To Fill Position (Member of Preservation Society)

Hospital Finance Authority
       Bess Commodore - Reappointed
       George Sculley   - Reappointed

Housing Code Board of Appeals
      Nick Kroes        - Reappointed
      Jonathan Rolewicz - To Fill Vacancy


Housing Commission
      Tommie Dennie - Reappointed (Recommendation of Manager)
Land Reutilization Committee
      Michael Bernhardt (Contractor)        - Reappointed
      Tommie Watson     (At-Large Position) - To Fill Vacancy (Linda Engle)

Leisure Services Board
       Chris Jensen     - Reappointed
       John Strach, Jr. - Reappointed

Loan Advisory Board
      Jay Wallace - Reappointed

Planning Commission
       John Aslakson - Replace Diana Coleman
       Peter Satorius - Reappointed
       Blanche Smith - Reappointed
       Joan Stewart    - Fill Vacancy Left By Lisa Abraham

Zoning Board of Appeals
      Jane Clingman-Scott - Fill Vacancy Left By Bill Larson
       Daniel Narowitz    - Reappointed
       Steve Schiller     - Reappointed
       David Newsome      - Replace Rosaline Smith
Date:           January 22, 2002
To:             Honorable Mayor and City Commissioners
From:           Ken Meyer, Deputy DPW Director
RE:             Funding for Storm Water Phase II Permit Application


SUMMARY OF REQUEST:
The Muskegon Area Municipal Storm Water Policy Committee, which represents all
the municipalities affected by the NPDES Storm Water Phase II Voluntary Permit
requirements, has approved a proposal by its consultant, Fishbeck, Thompson, Carr
and Huber, to draft permit applications for all the municipalities. The total cost of this
project will be $78,000. Costs were spread to all the municipalities and Muskegon
County based on population, total land area, urbanized area, population in urbanized
area and a community benefit factor. The City of Muskegon's share of this cost is
$14,960.

FINANCIAL IMPACT:
$14,960.



BUDGET ACTION REQUIRED:
The expense to be covered by the Storm Water Management Budget.



STAFF RECOMMENDATION:
To approve this expense.



COMMITTEE RECOMMENDATION:




C:\DOCUME~1\KUNDIN~1\LOCALS~1\Temp\Phase II Penntt Appllication Expense Agenda Cover_.doc
                                                         Public
                                                         Works



Memo
 To:    Ken Meyer, Deputy Public Works Director

 From:Bob Fountain, Special Operations Supervisor
 CC:    Bob Kuhn, Public Works Director

 Date: 1/15/2002
 Re:    Appropriation for NPDES Phase II Storm Water Voluntary Permit Application



 The Muskegon Area Municipal Storm Water Policy Committee, on which the City of
 Muskegon is represented, has approved the hiring of the consulting engineering firm,
 Fishbeck, Thompson, Carr and Huber (FTCH) to prepare an NPDES Phase II Storm
 Water Voluntary Permit Application for each municipality. Previously FTCH was
 selected by bid process to prepare an initial plan of steps needed to prepare a permit
 application. FTCH was found to be the most qualified and lowest bidder of 8
 engineering consulting firms that submitted RFP's for this project.

 To complete the application process for each municipality, FTCH has submitted a
 price not to exceed $78,000. They also submitted a funding apportionment plan for
 spreading the preparation cost to all the municipalities represented.

 The recommended funding apportionment for the City of Muskegon is 27.4% of the
 total cost or $14,960. This figure takes into account each municipality's total area,
 urbanized area, total population, population in the urbanized area and a factor for
 public health, safety and welfare. I recommend that we obtain City Commission
 approval to have our permit application prepared.




                                                                                      2
                                                                                                       <}!\<)]110')(:)
Deeem:}e, 7, 2C01
Pm,ect No. G0!5l3


Mr, Gerald Bartoszoi,, P.E.
Public Works Director
City oi Norton Slloros
4814 Henry Street
Nor.on SilOl'eS, lvll 494,n

Re:     Proposal ior Englneenng Scrv1(..-e<;, tur
        Muskogon .Area f./unicipal Storm Water 8umrr11tree

Oear Jerry:

Fishbeck, Thompson, Carr & Huber, Inc. (FTC&H) 's pleased. to submit thi~ µruµ0S<J: HJ lht.:
Muskegon Area Muntcip-rtl Storm WaterCcmrritte-e {MAMSWC:i for engineering services related
lo preparbg NPDES permit applications tor voluntary coverage of municipal s~orr;l water
discharges trom Um. MAMSWC partldpating comriunities. and governmentn! units. The. scop;;
of 1,iiCrk of tbe proposed engineering services is conta:ned in the FTC&H report ,Hlchigan
Department cf Environmental Qualfly Watershed~E!ased Vo/untaq Genetaf Permit . Phm
Identification, December 7, 2001. F,ese services are S<::heduled to extend trcm Jani.wry 2002
to Match 2003 and wtll lnclu::ie prei,::aration of the na:essary NPDES perrrit applications prior
to March l 0, 2003.

The scope of 1,vori< outlined iri the 1eferenced report includes the ~allowing activities:

       Compiling General lnformat:on an eac'.1 governmental unit.

       Preparing base mapping and outfall rnappin3, as 1,wll as a ~coi::e of work and approac11
       for tho necessary subsequ,,nt mapping efforts.

       Prepare a plan fer effective detection arid elimination of l!licit discharges including a
       ,.nodel H!lcit discharge ordinance (Illicit Discharge Detection and =.!irnL1ation Plan).

       Develop a Pub:ic Education Plan,

       Determine the scope of work and approacti tor development of the Watershed
       Management Plan.

       Documentation of a strategy to coordinate tho developmert of the Watershed
       rvlanagement Plan ar:d submittal of the Public .Participation Strategy within six months
       of the issuance of tre Certrficate of Coverage.

       P:·eparation of a ~clle<lule ~or implemertaticn of the specific activities assoc:ated 1,,vilh
       each of :he components of the Water3hedw8ascd Vo1unl~ry General Pnrmit and
       measurable goals tor the !Ucit Discharge Elimination Plan and the Pubiic Education
       Strategy.




                                                                                                              3
Mr, Gerald Bartoszek 1 P.E:.
Page 2
December 7, 2001


        Meetings with the MAt1.:lSWC Tec:inica! and Poiic.y Cu11:rnihee::., and the ind:'vic:h.iaJ
        communities and governmental ;mits,

        Prnparation of a five-year budget for lrnplernentnton cf the work included m ~rw
        Watersbed-Based Voluntary General Permit and a recommended allocaUon cf cost for
        conlributic,ns by ::l1e participating communities and govcrnrnental uniis. Options for
        financing the develo::m1ent of the watershed management plan and irnplornontation of
        the other required activities will be investiga1ed,

The uruposed work outHrwd above and In the MicMgtnl Dr:partmer:t of Environmental Quality
li/atershed-Based Voluntary General .Permil' - Plan ldeniification report will be comp!eted for
a not-to-exceed fee of Seventy-Eight Thocsand Doliars ($78,000),

Enclosed are two Protessional SeNices Authorization forms. If you concur with ou1 scopo· of
work, please sign both criginals, retain one for your files, and return the other to FC&H lo \he
anent/on of r.,,1s. Maureen Alberts. Ti1is proposal fs made subject to the enck)sed Terms and
Condiifons for Professfonal Scr.iic~s. Invoices i,vill be sutHTilll,:1d every fotr v1eeks and µayrnint
is due upon receipt.

Sincerely,




Enclosu:es
                                                           Muskegon Area Municipal Storm W at er Committee (MAMSVVC)
                                                             MDEQ Voluliltary Permit Applicat ion • Cost Apportionment
                                                                                                                                                                                                                               '~ ;_,1 ..... Q,,
                                                                                                                                                                                                           ., , ,..:.,M -~-"";, ~      v ..
                                                                             Tabl e No . 2 OPTIONAL COST ALLOCATIONS
                                                                                                                                                                                              /-''.'°"
                                                                                                                       Option 1                          Option 2                            ·   O ption 3
                                                                                                                                                      Total Aroa with                       Urbanized Area with
                    ~ nit):'.                                                                                        T otal A roa                   Comm un_!!y Bond!._~
                                                                                                                     ---- - -                                                               ~ ~•, mlty Ben etlts
                    Dalton T own ship                                                               8 .1%                 s~ -.:,1                    10.3%          SS,62e                    13'1,;                $::!,972
                    Fruitp ort Towns hip                                                           10.7%.                 .S5,826                     11.•J~..:      Se,:;25                  t0.6'1<1               $5,801

                    L~k ~ton Tow n s.hiµ                                                            7.4·1-"..             -SA,04?                      tOC~c         $c,.43&                   a a~·:,               $4,7,M

                    Mu~kt:gon City                                                                        21).,;.,                                    2·LR r.:
                                                                                                   ;j i                 S17CZ6                                1
                                                                                                                                                                    S, 1,925                  27.4%                s·~ l~C 1



                    Mu skD[JOI\ Township                                                            162%                  .S6.C31                     1•L3~.:        S7,tl2H                  16:,%                  $9.0 24
                    No,tun S hores                                                                  1fJ 7ti/~            $10.781                      1l3.1 '¾       $~.803-                  1 &.,:';',           s 1O.co-1

                    Rouse vf!II Park                                                                :? 6~',               S1,.;14                      7.5%          S4, t2C1                  .G..1 %               S2.955
                    Sulliv,m Tow nship                                                              ~-    ,,~             52,2~::,                     B.3%          $4,535                    ,:,5=;,;              S:> ~.11)
                    Mi\MSWC Loc:.I Urirt Total                                                                           $54,600                                    S54,U00                                        SS<l,600
                    Mu skn9t>ll County                                                                                   S1 1,700                                   511 ,7 00                                      $11 ,700

                    Mus!cc 9or1 County Road C om miss ion                                                                $1 1.700                                   $11,700                                        S11,70U
                    MA MSWC lotal                                                                                       $78,000                                     $78,000                                        S78,000


                                                                                                 Or t1011 1                                  Option 2                                   Op tion 3
                                                                                                                                           I olal Arca with                     Ur b:i11iz"d A rea with
                    ~f2,jC CI C~~~ Allo1A1tio:~           f~                                   T otat~~                               c ':': !''"'mlty Boncfl!.'!               Com01,1:;_!11ly B ono~~
                    Total Arc.i (A}                                                                  1.0:l                                              1 00                                   (j   oc
                    Ur b anized A r ea (8 )                                                           l.00                                              1 O•'.)                                1.00
                    Poµulallon Total (CJ                                                             1.00                                               1 0(1                                   l.(J(l

                    Pop 11la1ion in U r bamzc d Aroa tO)                                             1 U()                                              1 IJ/J                                 OOtl
                    Putlhc lloalth, SMcty Jud We!tarc (El                                            0 .00                                              I)   50                                a 1n
                    - C:,u:,n,.. 11 t:r B<:11t'!l1t F«crc:,r
                    ? <(.>i(::.,.I {.;~.:,l 4.1k.•~hul'c F'.)rmut:-: :       (.c.--~·cr,+t.;· '"/:.,.C~",:~•O'" ~•:. t-f- )l l11tcl

a,


     Ol Ut.:L U1,1< \I) 1:-., 5',£.J prnl Mt~sv...'l~w:;;.lAlh,,;...~L~-n ·-•,Lj
                                                                                                                                                                                                                                                   tk-.~h'.l~S
Date:       January 1 0, 2002
To:         Honorable Mayor and City Commission
From:       Water Filtration Plant
RE:         High Service Pump #2 Rebuild - additional repairs



SUMMARY OF REQUEST:

To authorize necessary additional repairs to High Service Pump #2.

FINANCIAL IMPACT:

Repair costs of $8,970.00 in addition to the original agreements of
$31,824.99.

BUDGET ACTION REQUIRED:

This is an unplanned expense and will require an internal budget
transfer from another line item.

STAFF RECOMMENDATION:

To authorize payment to the contractor for the additional repairs in
conjunction to the original rebuild project at a cost of $8,970.00.
                                     MEMORANDUM

                                          1/9/02


TO:            R. KUHN, DPW

FROM:          R.VENEKLASEN,WFP

RE:            FINAL INVOICE, HIGH SERVICE PUMP #2 REPAIRS


I have received final billing for the rebuild of high service pump #2. The total cost of
repairs is $40,794.59. You may recall this pump repair began in early summer of last
year.

BACKGROUND
The high service pumps are the pumps that ensure adequate water quantity and
pressure to the distribution system, and ultimately to our customer's taps.

Included are two memorandums, dated 4/2/01 and 5/16/01, regarding the repairs to high
service pump #2. The City Commission has approved the repair costs as identified in
the memorandums, and has authorized expenditures of $31,824.99 to date.

ADDITIONAL REPAIRS
The final repair cost for this pump is $8,970.00 greater than was anticipated. Included is
a letter of explanation from Gerry Burrows, Peerless-Midwest. His letter identifies the
greatest contributor as the impeller replacement and subsequent machining required.
Also included with the letter is a spreadsheet identifying the activities, cost estimate,
invoiced amount, and the difference between the estimate and invoiced amounts.

RECOMMENDATION
Based on the information provided and understanding gleaned from telephone
conversations with Gerry Burrows; I recommend that we approve payment of the
additional cost of repairs at $8,970.00
                               MEMORANDUM

                                     4/2/01

TO:              R. KUHN, DPW

FROM:            R.VENEKLASEN,WFP

RE:              HIGH SERVICE PUMP #2 --
                 12 MILLION GALLON PER DAY (12 MGD)



The High Service Pumps; 2-6 MGD and 2-12 MGD, in the 1972 Pumphouse
are the primary pumps used to move water into the distribution system and
elevated storage tanks.

The upper bearing oil on High Service pump #4 (6 MGD) started to show
discoloration (blackened). Kevin Herbert, Chief Operator, had the oil tested
by Chevron (oil mfg.). The test results showed high iron content. Additionally
this pump started to show elevated vibration levels. While waiting for the oil
test results the pump was balanced & the oil flushed and changed.

Kevin began researching what would cause the iron content in the oil.
Indications were that it wasn't a bearing problem (no chromium or nickel) so
he asked Hall/Jones Elec. to look further into the problem & re-check the
balance. This revealed that the bearings were rotating in the casting
(unacceptable) and causing the iron particles. Subsequently, the shaft hub
has been machined to specs. and the bearings replaced.

The remaining three pumps were examined for the same condition. None
displayed signs of this condition but Pump #2 (12 MGD) did not rotate freely
like the other pumps.

Kevin contacted Peerless-Midwest and asked them to take a look at this and
make recommendation. Peerless adjusted the shaft throw and everything
else they could think would relieve the condition; only to loosen the binding
slightly (the other pumps can be rotated by hand - this one cannot). They
spent over three hours working on the pump, not including travel from Ionia at
no charge to us.

We have taken pump #2 out of service but have not "locked" it out. This
allows the Plant Operator to use it only if absolutely necessary until such time
as it can be repaired.
You may recall that Peerless-Midwest rebuilt High Service pumps #1 & 3 in
late 1995 and early 1996. We were quite pleased with their performance.
Subsequent to that work, they recently rebuilt the booster pump #2 located at
the Keating St. station.

We solicited a cost for a re-build of pump #2 from Peerless Midwest because
we are approaching the summer season and a repair of this sort may take as
much as 6 to 8 weeks. This time frame is further compounded by spring
weight restrictions on the roadways.

The pricing estimate submitted by Peerless-Midwest, Inc. to perform a pump
rebuild similar to that performed in 1996 is $20,100.00. This is an unplanned,
but necessary, expenditure that will require a budget transfer.
                                    MEMORANDUM

                                         5/16/01

TO:            R. KUHN, DPW

FROM:          R.VENEKLASEN,WFP

RE:            HIGH SERVICE PUMP #2-12 MILLION GALLON
               PER DAY (12 MGD)


BACKGROUND
High service pump #2 was removed for repair by our contractor, Peerless-Midwest, Inc.,
because it was not rotating freely. We received a repair cost estimate from Peerless
based on their experience with two previous pump rebuilds, including cost increases.
The original repair information from the April 10, 2001 City Commission Agenda is
attached.

ADDITIONAL REPAIRS
Upon removal of the pump it was evident there was significant corrosion on the pump
column. Peerless disassembled the pump and found a number of items that required
repair. The two major items are the replacement of an impeller, the welding repair, sand
blasting and protective coating of the pump column. Additionally shaft sections, shaft
sleeves and bearings must be replaced. Included are representative photographs of the
impeller, pump sleeves and pitting on the pump column. Also included is the cost
estimate for the aforementioned, additional, repairs.

WATER DEMAND
The Filtration Plant is beginning to experience an increase in water demand with the
coming of warmer weather. High Service Pump #2 is heavily relied upon to meet the
peak water demand during the summer months.

NOTICE TO PROCEED
The unexpected events and unexpected conditions are unfortunate; none-the-less it is
imperative that this pump be repaired. It is expected these necessary repairs will require
more than six weeks to complete. Due to this situation Peerless-Midwest has been
authorized to proceed with the necessary repairs and expedite the repair process at a
cost of $11,724.99.
MEMO
To:        Robert Venek.lasen, Dir. I Manager
           City of Muskegon WTP                                  Peerless-Midwest, Inc.
From:      Gerry Bunows
Subject:   Muskegon HS Pump # 2 - Invoice
Date:      December 1, 2001

Please find the attached Pricing estimate Evaluation sheets that I prepared in regard to the invoice
# 10323 - 10-31-01 which you requested a over estimated explanation.

In order to correlated the invoice with the estimate I took the original estimate & added two
column on the right hand margin for" Invoiced amount" & "Difference from Invoice".
Items in green are under estimate , Items in red are over estimate, items in black are as estimated.

As you can see everything was on target until the pump reached the shop when the pa1is list was
generated & column coating & impeller problems were noted. My memo of 5-14 & pricing sheets
for paiis ( photo's for documentation) raised the paiis pricing$ 9,346.35-(non-listed parts - at
bottom of paiis sheet)+ 2,378.64 ( internal paiis pricing changes from Worihington above the$
4,100.00 estimated from 1995 numbers wt.% increases) & the labor estimate from the original
estimated proposal brought the job at this point to$ 31,824.99.
Other cost are all listed & explained on the bottom of the evaluation sheet.

In case your wondering why we just didn' t use the key'ed impeller. The reason is balance. Having
one keyed & one collet impeller wt. different weight distribution causes problems . IE: if both
impellers were keyed then the shaft is machined at 180 deg for each impeller or the impeller rotor
assembly must be assembled and balanced before assembly into the castings. Impeller ordered as
Collet type - shipped as key'ed & factory refused to machine for collet. ( your pump was collet
style)
It all adds up - rather quickly.

Overall this job is no super money maker for Peerless - Presently with most all cost in the job file
we are 9.8%. The standm·d is 20%, so I will also have to explain to the owners at our schedule 12
( closed job ) meeting why the job did not make goal margins.
I sincerely doubt if the city or anyone else could have done any better with this job considering the
total amount of shop, machine & field work completed.

                        what is going to be needed until all paris are laid bare on the shop floor .
                                                                                  Peerless-Midwest, Inc.
Pricing Estimate                                                                    505 Apple Tree Dr.
                                                                                  Ionia, Michigan 48846
Evaluation                                                                         616 5270050 616 5275508
City of Muskegon                                                                        4-3-01-- Revised
Mr. Kevin Herbert, Plant Foreman                                                   Gerry Burrows, Dist. Mgr.
1900 Beach St.                                                                  Pull and Overhaul HS Pump # 2
Muskegon, Michigan 49441                                                                  500 HP Unit

1-231 7244104
1-231 7590192 Fax 1231 7555290
Includes Two man Crew, Semi Service Truck wt. Driver, Sub-contract ISO ton Crane, Accessory Equipment & Tools.

Mobilize crews and Crane to site. Loosen bolts to overhead I-beam, Exhaust fan & Hatches
Lock out Pump power and controls, disconnect all Flange bolts, motor bolts, adjusting nuts & motor clutch
Disconnect wiring, conduit & power connections (City has_opted in past to have this done by local electrical
contractor due to high voltage) -- City option
Set up crane & counterweights - rig slings ( 90 ton unit with 60' +reach)- remove I-Beam in Hatches
                                                                                        =              =
Pull 500 HP motor and set on blocks - motor is not to be overhauled ( Est. Wt. Motor 3,550#, Pump 7,100#)
Pull high service pump & place on flat bed semi truck -- unit to be transported to Mishawaka shop for complete
disassembly & parts list.
Cleanup & place secure cover over sump. Load tools and return to shop.
Shop to repair pump as directed based on parts list and City approvals
Upon completion , return pump to Site. Set up Crane and reset pump and motor.
After installation crew is satisfied with pump alignment - crane will be released ( I -beam is not being replaced,
unless requested by City. Beam is in center of hatches and prevents pump removal.
Finish installation & adjustments.
Electrical hookup, Startup and test.
Final cleanup, paint & grouts. Tear down, load and return any rental equipment.
Return travel



                        Itemized Estimate                                         Pricing                            Invoiced       Diff.
                            Green = under , Red   = over & added items, Black = Even
Mobilize two man crew with service truck & tools ( one ton )                        4       $135.00        $540.00    $405.00        $135.00

Loosen bolts to overhead I-beam, Exhaust fan & Hatches                              6       $135.00        $810.00   $1,687.50     ($877.50)
Lock out Pump power and controls Disconnect all Flange bolts, motor
 bolts, adjusting nuts & motor clutch Disconnect wiring, conduit &
 power connections (City has opted in past to have this done by local
electrical contractor due to high voltage) -- City option

Mobilize Crew man with Flat bed Semi-truck to Muskegon-- RT & on site              12        $70.00        $840.00       $0.00      $840.00

Mobilize & set up crane & counterweights - rig slings - remove I-Beam               8       $300.00    $2,400.00     $2,550.00     ($150.00)
in Hatches On site to pull motor, pump. Demobilize Crane

 Crew : Pull 500 HP motor and set on blocks - motor is not to be                    8       $135.00     $1,080.00     $1,653.75    ($573.75)
overhauled Pull high service pump & place on flat bed semi truck --
unit to be transported to Mishawaka shop for complete disassembly
 & parts list.Cleanup & place secure cover over sump. Load tools
and return to shop.

Shop to repair pump as directed based on parts list and City                      40         $65.00    $2,600.00     $6,142.50    ($3,542.50)
approvals Est. Man hrs.Tear down, parts list - installed new parts
and reassemble

Shop unloading                                                                      I         $0.00          $0.00      $70.00      ($70.00)
                           Itemized Estimate                                      Pricing                             Invoiced        Diff.
                               Green = under , Red = over & added items, Black = Even

Machine shop: Work on shafting and components as necessary                         14         $95.00     $1,330.00     $3,372.50   ($2,042.50)

Load and transport repaired pump to site ( one man- semi truck )                   12         $70.00      $840.00        $192.50       $647.50
( Rt on site)

Mobilize & set up crane & counterweights - rig slings -                             8        $300.00    $2,400.00     $2,400.00          $0.00
Reset pump from semi truck, reset motor . Demobilize Crane

Crew -Install repaired pump, motor & accessories --- Start up                      10         $135.00    $1,350.00     $1,620.00     ($270.00)

Demobilize , cleanup and return                                                     6         $135.00      $810.00       $810.00         $0.00

Estimated parts - based on 1995 repairs to Unit #I                                   I      $4,100.00    $4,100.00     $6,478.64    ($2,378.64)

Rentals : Hydraulic lift                                                             I       $650.00      $650.00       $650.00           $0.00

Misc. Hardware, paint, rags etc.                                                     I        $70.00        $70.00       $70.00           $0.00

Per diem - 2 men --two nights ( 70.00/ man allowed )                                4         $70.00      $280.00       $280.00           $0.00

                                                                                                        $20,100.00                  ($8,282.39)

                            Added items after inspection

Sandblast epoxy coated column pipe                                                   I      $2,971.35     $2,971.35    $3,067.20       ($95.85)

Added stainless steel bolts (set)                                                    I       $907.50       $907.50       $907.50          $0.00

Unlisted new 26M impeller                                                            I      $5,467.50    $5,467.50     $5,467.50          $0.00

United Tool and Boring- machine new impeller for collet vs key style                 I         $0.00         $0.00     $1,500.00    ($1,500.00)

Vibration balance of 500 HP motor - Motor was not taken to motor shop                I         $0.00         $0.00     $1,045.00    ($1,045.00)

Non estimated Electric service from Hall Elecrtric to unhook                         I         $0.00         $0.00       $425.00     ($425.00)
& Rehook high voltage leads

                                        Total                                                           $29,446.35    $40,794.59   ($11,348.24)
    Note: Insurance above standard limits is not included
    Bonding is not included
    Overhaul of motor is not included. ( no warranty on motor )
    Pump Warranty = I year from date of installation/ startup

     Note: Pump is believed to have a seized packing box bearing .
           Pump may require new head shaft. •· SS
    Job estimate pricing up to shop disassembly was estimated at$ 31,824.99
    Additional items + added labor +added machine work on impeller & items listed
    above totaled an additional $ 8,969.60
    $1,500.00 of this was extra machining of impeller from key to collet- Factory changed design, told us it was
    exact same impeller - but they would not credit or allow any credit.
    Impeller had a hole in skirt - We believe the original casting was defective.
    $ 1045.00 was to balance the 500 hp motor which was not taken to shop. This is motor you were having
    the bearing problem prior to service]
    $ 95.85 - Missed the epoxy coating on the column pipe .
    $ 2378.64 - Difference in estimated based on 1995 pricing x 13.2%
                 ( $ 4,100.00 vs $ 6,478.64)
    Shop & Machine shop labor round out the other major catagories as listed above.
 , . , Peerless Midwest Inc.
            55860 Russell Industrial Parkway I Mishawaka, Indiana 46545 I 219-254-9050 I Fax 219-254 9650


                                                                        Federal ID# 35-1284374
                                                                        INVOICE NO.            Vendor#
                    18137
                   City of Muskegon                                                      10323
  soto TO          Water Filtration Plant
            a+     1900 Beach St.                                      11tc.n,~1,;,• l',ICI   30UAYti.1.!Jo/ovc1    ·h..,c vn"""'-'C \ 107D Am~u1-1L
                                                                                                                    THEREAFTER
                                                                                                                                                       IV\ 1 c}   l:A<.:H iv1vN ! H

                   Muskegon, Michigan 49441                             Invoice Date                                    ProJ Mgr.
                                                                                              10/31/01                                           GB
                                                                       S.O. No.                                            Your Order No.

                   City of Muskegon                                                            16664
                   High Service Pump # 2                               Tax Exempt?                                 Reason Tax Exempt
 SHIPTO     ~
                   Muskegon, Michigan                                  Yes          w             No       D                    Political Subdivision
                                                                       Labor Cost                          Material Cost                Tax



   DATE            ITEM/ DESCRIPTION                                                            CREW               AMT                  PRICE                          TOTAL
                 Overhaul Of High Service Pump# 2
                 Worthington SIN 74TU1566-1 - US 500 Hp C523846-729 85-17304
                 1180 rpm - 26MBW 129568 26M 790 Bowl
  4123101        Check load & equipment                                                                2              3                135.00                        405.00
  4124101        Travel to site, set up, break down motor & accessories, Skylight                      2           12.5                135.00                      1,687.50
                 I-beam-- tie off lights
  4125101        Pull pump and load on semi trailer - return to shop                                   2       12.25                   135.00                      1,653.75
  4/26/01        Unload pump in yard                                                                   1           1                    70.00                         70.00
  4126101
   Thru          Shop man hours - tear down, repair and assembly                                      2            45.5                135.00                      6,142.50
  8113101        Machine shop hours:                                                                  1            35.5                 95.00                      3,372.50

  8113101       Sorting & loading                                                                     1            2.75                 70.00                        192.50
  8114101       Travel, shut down road, set pump, I beams, motor and accessories                      2              12                135.00                      1,620.00
  8115101       Start up & check vibration - cleanup - return travel                                  2               6                135.00                        810.00

  8130101       Technical crew II TMS Electric to balance motor ( travel included)                    2             11                  95.00                      1,045.00
                Motor did not go to motor shop for overhaul
                Sub Total - Labor includes extra's                                                                                16,998.75
                Subcontracts
                Hydraulic lift                                                                      ea                1              650.00                         650.00
 4125101        Geolock crane service- Pull pump 4-25-01                                            ea                1            2,550.00                       2,550.00
                Geologk crane service - reset pump 8-14-01                                          ea                1            2,400.00                       2,400.00
 8115101        Requested electrical service - Hall electric                                        ea                1              275.00                         275.00
 8115101        Requested electrical service - Hall electric                                        ea                               150.00                         150.00


             Pume Parts
             Sub contract taper boring of New Impeller from new to old design
             United Tool & Engineering                                                              ea                1            1,500.00                       1,500.00
             Per the attache parts tear down sheet
             Major items at bottom of page - additions                                              ea                1          15,920.84                    15,920.84



                                                        COfY
             Misc. rags, grease & misc.                                                             ea                1              70.00                        70.00
             Crew per diem ( 2 man @ 70,00 )                                                        ea                2             140.00                       280.00




             TOTAL AMOUNT OF THIS INVOICE                                                                                                                 40,794.59
FILE:            16664
      FAX TRANSMISSION
                       PEERLESS-MIDWEST, INC.
                                         505 APPLE TREE DA.
                                        IONIA, MICHIGAN 48846
                                           616 5270050
                                         FAX: 616 5275508




To:          Robert Veneklasen                     Date:         May 14, 2001

Fax#:        l-2317555290                          Pages:        3, including this cover sheet.

From:        Gerry Burrows
Subject:     City of Muskegon HS Pump #2

COMMENTS:

Please find the attached pricing sheets for actual parts per the shop tear down list.
Pricing is divided into major and normal pump parts. The two big ticket items in
this list is the impeller and the welding and epoxy coating of the column pipe.

Regarding the impeller -- Surprising to me ! - cost of a new impeller was actually
cheaper than repair of the old unit. We have double checked and factory verified
pricing again this am. I expected the impeller to be double this price or more based
on pricing of other 26" enclosed impellers.

Column pipe 18" - pricing is to sand blast to near white & Primer and epoxy coat to 5 mils
as per pump standards.

I'm advised 6 weeks delivery on the impeller, 4 weeks on all other parts and services.

Note: when you factor out the machine shop labor the$ 6478.64 reduces to$ 5701.74
Which is$ 1606.94 over 1995 pricing before 13.25% wholesale price increases.

We have a order on hold for the listed parts pending any changes or questions you may
have. Please advise your wishes.

Thanks.
                                                                                    Update List                     5/11/01
                 Peerless-Midwest, Inc. Pump Pam Work Sheet                         Pam list                        4/27/01
Job    No. Name: Muskegon                                                           Date:                           5/11/01
           Worthington HSPump#2 (22' ofl8" • 2-11/16"CS-                            Pump Sn#                    74TUl566-1
Labor:     26M-790-2 stage BeU end Bowl                                             Pump#                            H.S.#2
=
Material:                                                                   UNITS UNIT PRICE                TOTAL
=     No.                                             ITEMS
H           1 Stuffing Box bearing                                              1                 $114,75           5114.75
E           2 Water slinger
A           3 Set of packing                                                    1                  S51.30            551.30
D           4 Airline complete with gauge and fittings -per 100'
            5 Pressure gauge, petcock and fittings                              I                  $51.30            551.30
         6       Set of discharge bolls, outs and gasket                        1                 $135.00           Sl35.00
         7       Stainless steel bead & motorshaft 2 11116" x 94"               1                 $715.50           5715.50
         8       Complete bead assembly includes 10' ss blank shaft
         9
C       10
0       11       (9.71/2') steel llneshaft     ( 2 11/16"      )                1                 $371.25           5371.25
L           12 (10') steel linesbaft       ( 2 11/16" )                         1                 $371.25           $371.25
u           13 (5') (stainless) steel linesbaft complete wt. sleeve ( )
M           14 (10') (stainless) steel llneshaft complete wt. SJee,,e ( )
N           15 Machine sbop work on shafting                                    1                 $351.00           $351.00
            16    steel shaft couplings      ( 211/16"   )                      3                 $147.15           $441.45
&           17   Stainless steel shaft sUeves for ( 2 11/16" ) shaft            2                 $357.75           $715.50
            18   Set of Neoprene lineshaft bearing, for (    ) (     )          1                 $591.30           5591.30
s           19   Brome bearing retainers
H           20   Stainless steel sup rings
A           21   5' top column pipe (       5"     )
F           22   10' intermediate column ( S" x 1"       )
T           23   5' to 5-1/3/16" Bottom column pipe ( 5" X 1" )
            24   5' Top column pipe 460 HS ENGARD COATED
            25   10' Intermediate column pipe 460 HS ENGARD COATED
            26   5' Bottom column pipe 460 HS ENGARD COATED
            27   Gaskets for Column                                             6                  $53,55           $321.29
            28
B           29 Bolts and nuts for column                                        I                 5186.30           S186.30
0           30 Inter eolumn assembly (spiders) (Cast) ( Bro.,.)-( )
w           31 New        Staae       Bowl assemblv GPM   ""IDH
L   32 Set of bearings fo:r bowl assembly     2 Stage 26M Bowl         I    $688.50      $688.50
s   33 Set of Bro.,.. wear rings      ( 2)                             I    $286.20      5286.20
    34 Set of stainless steel collets
&   35
    36 MetaU... bubs or impellen
s   37   set of bolts for bowl assembly                                I     $94.50       $94.50
u   38   Stainless steel impeller shaft
C   39   Machine work on impeller shaft
T   40   ( ,,, x 10' } suction pipe



                                                   ..
I   41 ( ) pipe coupllngs
0   42 Machine impellers, Make W IR, loctlte                           I    5526.50      $526.50
N   43 Material for wear rings stock sB (     )      (   )     (   )
    44 RTH Chlorine
M   4S Sodium Rypercblorile
I   46 Motor overhaul by outside vendor)
s   47 Complete gear drive repair or overhaul
C   48 Grease and Paint                                                I     $81.00       581.00
    49 Freight on Materials                                            I    $384.75      5384.75
    50 Sample

                             TOTAL actual per parts tear down list                      $6,478.64
       Estimate 1995=S 4,093.20 x 6 yn @2.2%=S 4,645.78
       Major Additions
     l 26 M Brona impellers • - - New                                  I   55,467.50    55,467.50
     I 26M Bronze Impeller •··---repaired                              I   N,'8.l.tt   N,'113.88
     I Stainless steel bolts                                           I     5907.50      5907.50
       Sand Blast & Coat flanged column                                I   52,971.35    $2,971.35

         Rlgblited item • impeller repair not added in total
         Total aU n•rts as listed wt new im-Uer                                        $15,824.99
                  Commission Meeting Date: January 22, 2002




Date:          January 17, 2002

To:            Honorable Mayor and City Commissioners

From:          Planning & Economic Development

RE:            Creation of HDC Study Committee


SUMMARY OF REQUEST:

The Westwood Group is interested in establishing an historic district for the Boiler
Works building and its vicinity in order to avail the State's historic preservation tax credit
program. For a new historic district establishment, the state statute requires that the
City Commission appoint a study committee to conduct all necessary research and
reports. The committee shall contain a majority of persons who have knowledge or
interest in historic preservation, and shall contain representation from an organized
local historic preservation organizations. The request is to appoint a study committee
mainly to determine whether the Boiler Works should be designated as a historic
district.

FINANCIAL IMPACT:

None.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

Staff recommends to appoint the following persons, namely: Jon Colburn and Dan
Chambers. Additional persons with knowledge in historic preservation will also be
recruited to serve in the study committee.

COMMITTEE RECOMMENDATION:

None.




1/17/2002
                                  Resolution No.     2002- 09 ( e )

                               MUSKEGON CITY COMMISSION


RESOLUTION TO APPOINT MEMBERS FOR THE STUDY COMMITTEE TO
PERFORM RESEARCH AND REPORTS AS A REQUIREMENT FOR ESTABLISHING
AN HISTORIC DISTRICT.

WHEREAS, the Boiler Works property is described as parcel number 24-205-317-0009-
00 located on Clay Avenue;

WHEREAS, the Westwood Group, a developer, plans to redevelop the Boiler Works
property for commercial and offices, the supplement of an historic preservation tax credit
will allow them a viable investment in downtown Muskegon;

WHEREAS, the historic preservation tax credit. can only apply to rehabilitation of historic
structures located within an established historic district, the Westwood Group is
requesting to designate the Boiler Works as an historic district;

WHEREAS, under state statute in establishing an historic district (Section 399.203 of
Public Act 169), the local legislative body shall appoint a historic district study
committee, which shall be charged to conduct basic research, inventory, and determine
the historic significance of a resource or resources within a proposed historic district;

WHEREAS, the study committee shall perform the basic research and reports to meet
the requirements of the state statute; and shall be charged to perform one specific
project and then dissolved.

NOW THEREFORE BE IT RESOLVED, that a study committee be created to consider
the specific proposed historic district.

Adopted this      22nd day of January, 2002

Ayes:    Larson, Schweifler, Shepherd, Spataro,                                          Gawron
Nays:    None




                                         CERTIFICATION



                                                                                L
I hereby certify that the foregoing constitute a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on January 22, 2002.

                                                          By: ___J.~ ~ ~'-:-:-! . . . . = ~ ~ ~ ~1-4...,1
                                                                   Gail Kundinger, Clerk
S(te Map of the Proposed Boiler Works Historic District
C         s e o._MiQbjg,~~~~~




    -                 Double-A-district    ~



    LJ                Boiler-Works         I\\\\~   ~



        Prepat•dby:
        Aann.1'1g Oepartmtnt
        City of Muskogon. Ml
        January 2002hnw
        Fie: pleMing'hdc\boilefWorks.apr
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          January 22, 2002

RE:            Public Hearing
               Spreading of the Special Assessment Roll on:
               Watson, Rodgers & Nelson




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment roll for Watson, Rodgers
& Nelson, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMP ACT:

A total of $80,102.59 would be spread against the twenty-three (23) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

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


COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                               Resolution No.     2002-10( a)


                       Resolution Confirming Special Assessment Roll

 For Watson, Beach to Nelson; Rodgers, Beach to Nelson & Nelson, Watson to 384.42' N. of
                                   the CL of Rodgers


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

I.     The City Conunission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on March 27, 2001, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

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

FOR Watson, Beach to Nelson; Rodgers, Beach to Nelson & Nelson, Watson to 384.42' N. of
                                 the CL of Rodgers
Continued...



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

This resolution passed.

Ayes: __S"--c'"""h~w~e_i_f _le~r_,'----'S--h....C.e-"-
                                                  ph  =e"--r__d""""''---'-S-"-
                                                                           p~at~a~r_o""""',____
                                                                                              W-'-'
                                                                                                a_  rm
                                                                                                     _i_·n_,_g"""t_o_n__,_,_B
                                                                                                                            _u~i__e'-',---"-
                                                                                                                                          G~a w_r_o_n_,_,----
                                                                                                                                                           a_ nd
                                                                                                                                                               _ __

                  Larson

Nays:        None
           --~----------------- - - -- - - - - - - - - -




                                                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on January 22, 2002.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being January 22, 2002.



                                                                                                             Citu          ~uskeg n
                                                                                  By _ µ_~:::::=._::::::.. . .:. . ::_ ~ = ~ ~'4,11-~
                                                                                          Gai l A. Kundinger, Cit y Cl er
                    MAYOR'S ENIDORSEMENT AND WARRANT

Watson, Eeach to Nelson; Rodgers, Beac!:u to Nelson & Nelson, Watson to 384.42' N. of the
                                    CL of Rodgers

I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.


                                         CITY OF MUS

                                        BY
                                             STEP
                                       EXHIBIT A



          MILLAR.ID FROM LAKED DUNES TO WIEST END
                         SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of All properties abutting Millard from Lake Dunes to
                                           West End
!
I
                             AFFIDAVIT OF MAILING


STATE OF MICHIGAN            )
                             ) ss
COUNTY OF MUSKEGON)

              TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

                         H-1524 Nelson, Watson & Rodgers

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

TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 11 ~H DAY-            oz::
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST

                                                                          200.1.


                                              GAIL A. KUNDINGER, CITY C    RK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 d ! ti, DAY OF lknua c;J'       , 2002.

~               JJ 14
NOTARY PUBLIC, NIDSKEGON COUNTY, MICHIGAN
 !,./,.,Jo.    S.    foHfr
MY COMMISSION EXPIRES               i' - o? u-o .2,
JANUARY 11, 2002




OWNERS NAME
MAILING ADDRESS
CITY. STATE, ZIPCODE


Property Parcel NumberXX-XXX-XXX-XXXX-XXat 1460 NELSON ST


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

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

Watson Avenue from Beach Street to Nelson Street, Nelson Street from Watson Avenue to the north end;
                     and Rodgers Avenue from Nelson Street to Beach Street.

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JANUARY 22, 2002 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JANUARY 22, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
BE LOST.

                                                  Costs

The final projected cost of the street improvement portion of the project is $275,000 of which $80,102.59
(29.13%)will be paid by special assessment to property owners. If the special assessment is confirmed,
your property will be assessed $XXX.XXbased on XXXfeet assessable front footage $36.35per
assessable foot for the street improvements. In addition, you will be assessed $XXX for driveway
approach and/or sidewalk improvements made to your property for a total special assessment cost of
$XXXX.XX. Following are the terms of the special assessment:

                                  Assessment Period: Ten (10) Years
                                      Interest Rate: 5% per year
                                      First Installment: $XXX.XX
                                     Due Date: MARCH 22, 2002

No
                                                                                                            14
 The total assessment may be paid in full any time prior to the due date shown above
 without interest being charged. After this date, interest will be charged at the rate
 shown above on the outstanding balance. Assessments also may be paid over a ten
 year period in ten equal principal installments. If you pay your assessment in
 installments, your annual installment (including interest) will be included as a separate
 item on your property tax bill each year. Therefore, if you pay your property taxes
 through a mortgage escrow agent, you should notify them of this change. Early
 payments may be made at any time and are encouraged.

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

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

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


 Sincerely,


//}l"-/:i~ (/44tv(
  Mohammed AI-Shatel, P.E.
  City Engineer




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

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

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

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

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

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

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

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

     •   Be a citizen of the U.S.

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

     •   Have a special assessment of $300.00 or more.

Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6. 00% per year.

IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessors
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
                                                                                                                   1
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




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: _____L.ist information for household members besides owner/spouse here.
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate_ _ _ _ _ _ _ _.Social Security# _ _-_ _-_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate                                                  Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate                                                    Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _.




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

                                                                                 Wage earner:

                                                                                 Wage earner:




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: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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.
                                                        . ~R:«il~PJliiJJ~A·
APPROVED ( )            DENIED ( )          DATE _ _ _ _ CENSUSTRACTNO. _ __

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


COMMENTS/REMARKS
                                                    **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                                CITY OF MUSKEGON
                                                         i :,..,.; 1: ; ' ·
                                                     -   .. ' '
                                    COMMUNITY DEVELOPMENT BLOCK GRANT -
                                   REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

Note: You niay receiveihis tlpplicatio}, several times -Jfyou                               have ~l,;gihlyllppli,eq,plefi~e 4lsg"'rd.
Dear Resident:
   The City of Muskegon for roadway improvements is specially assessing property owners in your area. City
   ordinances require that property owners be responsible for the special assessment for roadwork done to their
   property's assessable frontage. To assist homeowners, who may have difficulty paying the costs of the special
   assessment, the City offers assessment waivers through the Community Development Block Grant (CDBG)
   Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay for
   your special assessment to the extent that funds is available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
    Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
    2001, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
    mcome.
                                                         2002
                                               65% MEQIA1'1H()l...lSEH01<D JNCOME CHART

                                                 FAMILY SIZE                  INCOME LIMIT
                                                        1                         $26,650
                                                       2                           30,420
                                                        3                          34,255
                                                       4                           38,025
                                                        5                          41,080
                                                        6                          44,135
                                                        7                          47,125
                                                       8                           50,180
                                               For each extra, add                  3,055


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

✓   Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                   Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.

The City reserves the right to verify all application information, and to reject any applications that contain falsified information or insufficient
documentation.
                             CITY OF MUSKEGON
                          NOTICE OF PUBLIC HEARING
                   CONFIRMATION OF SPECIAL ASSESSMENT ROLL

                              SPECIAL ASSESSMENT DISTRICT:
                        WATSON, RODGERS & NELSON (H-1524)

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

All parcels abutting the following sections of roads:
    • Watson, Beach to Nelson
    • Rodgers, Beach to Nelson
    • Nelson, Watson to 384.42' N. of the CL of Rodgers

PLEASE TAKE NOTICE that a hearing to confirm the special assessment district will be held at
the City of Muskegon Commission Chambers on JANUARY 22, 2002 at 5:30 p.m.

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

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

You are further notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvement made, and the assessment levied. The
purpose of this hearing is to hear objections to the assessment roll and to approve, reject, or
correct the said roll.

                                                                  Gail A. Kundinger, City Clerk
Publish: JANUARY 12. 2002
                                             ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audio tapes 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 of TDD (231) 724-6773
                                                                             ,\cCEIVtu
                                                                              CITY OF MUSKEr,QN
                                     CITY OF MUSKEGON
                                                                                   ,,PR 11 2001
                                   Resolution No. 2001-34(a)

                                                                             L\'~INEERING DEPT.
              Resolution At First Hearing Creating Special Assessment District
 For Watson, Beach to Nelson; Rodgers, Beach to Nelson & Nelson, Watson to 384.42' N. of
                                    the CL of Rodgers
                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

1.    A hearing has been held on March 27, 2001 at 5:30 o'clock p.m. at the City
      Commission Chambers. Notice was given by mail and publication as required by
      law.

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

3.    At the hearing held March 27, 2001, there were 22. 99% 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 __Scch.;. ;e:.cpcchc.::e.c.r_d_ _ _ _ __
       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 31.26% 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, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki


       Nays     Benedict



                                                                 CITY OF MUSKEGON



                                                                       Gail A. Kundinger, Clerk


                                      ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 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
                   AFFIDAVIT OF MAILING BY CITY CLERK

STATE OF MICHIGAN           )
                            ) ss
COUNTY OF MUSKEGON)


GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS
THAT SHE IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A
HEARING HELD ON THE 13 TH DAY OF FEBRUARY, 2001 THE CITY
COMMISSION ADOPTED A RESOLUTION CREATING THE FOLLOWING
SPECIAL ASSESSMENT DISTRICT:

  All Parcels abutting Watson Avenue from Beach Street to Nelson Street; All parcels
abutting Nelson Street from Watson Avenue to 384.42' north of the centerline of Rodgers
  Avenue; and all parcels abutting Rodgers Avenue from Nelson Street to Beach Street_

A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE
MUSKEGON CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY OF MUSKEGON, ON FEBRUARY 3, 2001.

DEPONENT FURTHER 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 2ND DAY OF FEBRUARY, 2001.

                                               ~0-~-
                                              GAIL A. KUNDINGER, CITY WRK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 d?t/2 DAYOF tlZacch             ,2001.


~ B L I ~ U S ~ U N T Y , MICHIGAN

MY COMMISSION EXPIRES -~9--~«~S-:~~O~d~-
                                                          H-1524                       HEARING DATE       JANUARY 22ND, 2002

  Watson Avenue from Beach Street to Nelson Street, Nelson Street from Watson Avenue to the north
                   end; and Rodgers Avenue from Nelson Street to Beach Street.
                                           SPECIAL ASSESSMENT ROLL                                                 DRAPP
PARCEL               @                 OWNER                     MAILING ADDRESS                        PAVING       /SW         TOTAL

24-205-749-0001-00   1351 BLUFF ST     PARKS DEPT C/O CITY 933 TERRACE ST     MUSKEGON    Ml 49443     $6,458.30      $0.00    $6,458.30

24-205-752-0001-00   1360 NELSON ST    MCKEE MALCOLM B    1360 NELSON ST      MUSKEGON    Ml 49441      $834.05     $415.00    $1,239.05

24-205-752-0002-00   1368 NELSON ST    MCKEE MALCOM P     1368 NELSON ST      MUSKEGON    Ml 49441     $2,090.13    $500.54    $2,590.67

24-205-752-0003-00   1386 NELSON ST    MILLER SUZANNE E   1386 NELSON ST      MUSKEGON    Ml 49441     $6,270.38   $1,484.13   $7,754.51

24-205-753-0006-00   1399 NELSON ST    WENDTLAND DAVID L 1399 NELSON ST       MUSKEGON    Ml 49441     $4,710.96      $0.00    $4,710.96

24-205-753-0004-00   1406 BEACH ST     POHL WILLIAM       1406 BEACH ST       MUSKEGON    Ml 49441     $2,191.18    $709.34    $2,900.52

24-205-752-0006-00   1412 NELSON ST    MATTY JEAN M       1412 NELSON ST      MUSKEGON    Ml 49441     $5,079.91    $658.45    $5,738.36

24-205-754-0004-00   1426 BEACH ST     SCHNEIDER RANDALL 1426 BEACH ST        MUSKEGON    Ml 49441     $1,514.70    $921.60    $2,436.30

24-205-754-0003-00   1430 BEACH ST     RECKELL RUSSELL Pi 1430 BEACH ST       MUSKEGON    Ml 49441-1   $1,483.08    $351.88    $1,834.96

24-205-755-0006-00   1430 NELSON ST    KENDRA KAREN       1430 NELSON ST      MUSKEGON    Ml 49441     $4,798.20   $1,060.27   $5,858.47

24-205-754-0007-00   1448 BEACH ST     TIGHE MATTHEW N     1448 BEACH ST      MUSKEGON    Ml 49441     $2,075.59       $0.00   $2,075.59

24-205-755-0008-00   1448 NELSON ST    JAZDZYK WALTER L   2617 LEONARD ST N   GRAND RAPID Ml 49504     $1,949.45   $1,324.20   $3,273.65

24-200-756-0007-00   1460 NELSON ST    GTE TELEPHONE OPE PO BOX 152206        IRVING      TX 75015      $926.56     $485.57    $1,412.13

24-205-757-0004-00   1464 BEACH ST     BENEDICT THERESA F 1464 BEACH ST       MUSKEGON    Ml 49441     $2,075.59    $433.80    $2,509.39

24-205-753-0005-00   3678 RODGERS AV   EKLUND BRUCE W      3678 RODGERS AVE   MUSKEGON    Ml 49441     $3,333.30   $1,065.76   $4,399.06

24-205-754-0002-00   3687 RODGERS AV   FUNKHOUSER JACOB 3687 RODGERS AVE      MUSKEGON    Ml 49441     $1,919.28    $313.20    $2,232.48

24-205-754-0010-00   3690 WATSON AVE   GABRIS THOMAS       3696 WATSON AVE    MUSKEGON    Ml 49441     $3,873.09       $0.00   $3,873.09

24-205-754-0001-00   3691 RODGERS AV   GIBSON JOAN M       3691 RODGERS AVE   MUSKEGON    Ml 49441     $3,873.09    $463.60    $4,336.69



                                                                                                                       Page 1 of 2
                                                           H-1524                        HEARING DATE        JANUARY 22ND, 2002

   Watson Avenue from Beach Street to Nelson Street, Nelson Street from Watson Avenue to the north
                    end; and Rodgers Avenue from Nelson Street to Beach Street.
                                            SPECIAL ASSESSMENT ROLL                                                    DR APP
PARCEL                @                 OWNER                    MAILING ADDRESS                           PAVING        /SW            TOTAL
24-205-757-0001-00    3691 WATSON AVE   FARHAT E DAVID     3485 WHISPERING W MUSKEGON      Ml 49444       $2,818.94 $3,291.14      $6,110.08

24-205-754-0009-00    3692 WATSONAVE    GABRISTHOMASJ      3696WATSONAVE       MUSKEGON    Ml 49441       $1,919.28        $0.00   $1,919.28

24-205-757-0003-00    3695 WATSON AVE   SCHAEFER THOMAS    3695 WATSON AVE     MUSKEGON    Ml 49441       $1,919.28     $406.00    $2,325.28

24-205-754-0008-00    3696 WATSON AVE   GABRIS THOMAS      3696 WATSON AVE     MUSKEGON    Ml 49441       $1,919.28       $0.00    $1,919.28

24-205-757-0002-00    3703 WATSON AVE   SEBESTYEN CAROLY   2372 STEVENS CREE FRUITPORT     Ml 49415-4     $1,919.28     $275.21    $2,194.49


                     TOTALS                                                                             $65,952.90    14,159.69 $80,102.59

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


                                                         BOARD OF ASSESSORS



                                            CLIFF TURNER, DIRECTOR.COUNTY EQUALIZATION    DATE



                                            LAWRENCE SPATARO        CITY COMMISSIONER     DATE



                                            CLARA SHEPHERD      CITY COMMISSIONER         DATE




                                                                                                                          Page 2 of 2
                                                           H-1524                       HEARING DATE       JANUARY 22ND, 2002

  Watson Avenue from Beach Street to Nelson Street, Nelson Street from Watson Avenue to the north
                   end; and Rodgers Avenue from Nelson Street to Beach Street.
                                           SPECIAL ASSESSMENT ROLL                                                  DR APP
PARCEL               @                 OWNER                     MAILING ADDRESS                         PAVING       /SW         TOTAL

24-205-749-0001-00   1351 BLUFF ST     PARKS DEPT C/O CITY 933 TERRACE ST      MUSKEGON    Ml 49443     $6,458.30      $0.00    $6,458.30

24-205-752-0001-00   1360 NELSON ST    MCKEE MALCOLM B     1360 NELSON ST      MUSKEGON    Ml 49441      $834.05     $415.00    $1,239.05

24-205-752-0002-00   1368 NELSON ST    MCKEE MALCOM P      1368 NELSON ST      MUSKEGON    Ml 49441     $2,090.13    $500.54    $2,590.67

24-205-752-0003-00   1386 NELSON ST    MILLER SUZANNE E    1386 NELSON ST      MUSKEGON    Ml 49441     $6,270.38   $1,484.13   $7,754.51

24-205-753-0006-00   1399 NELSON ST    WENDTLAND DAVID L   1399 NELSON ST      MUSKEGON    Ml 49441     $4,710.96      $0.00    $4,710.96

24-205-753-0004-00   1406 BEACH ST     POHL WILLIAM        1406 BEACH ST       MUSKEGON    Ml 49441     $2,191.18    $709.34    $2,900.52

24-205-752-0006-00   1412 NELSON ST    MATTY JEAN M        1412 NELSON ST      MUSKEGON    Ml 49441     $5,079.91    $658.45    $5,738.36

24-205-754-0004-00   1426 BEACH ST     SCHNEIDER RANDALL 1426 BEACH ST         MUSKEGON    Ml 49441     $1,514.70    $921.60    $2,436.30

24-205-754-0003-00   1430 BEACH ST     RECKELL RUSSELL P/ 1430 BEACH ST        MUSKEGON    Ml 49441-1   $1,483.08    $351.88    $1,834.96

24-205-755-0006-00   1430 NELSON ST    KENDRA KAREN        1430 NELSON ST      MUSKEGON    Ml 49441     $4,798.20   $1,060.27   $5,858.47

24-205-754-0007-00   1448 BEACH ST     TIGHE MATTHEW N     1448 BEACH ST       MUSKEGON    Ml 49441     $2,075.59      $0.00    $2,075.59

24-205-755-0008-00   1448 NELSON ST    JAZDZYK WALTER L    2617 LEONARD ST N   GRAND RAPID Ml 49504     $1,949.45   $1,324.20   $3,273.65

24-200-756-0007-00   1460 NELSON ST    GTE TELEPHONE OPE PO BOX 152206         IRVING      TX 75015      $926.56     $485.57    $1,412.13

24-205-757-0004-00   1464 BEACH ST     BENEDICT THERESA F 1464 BEACH ST        MUSKEGON    Ml 49441     $2,075.59    $433.80    $2,509.39

24-205-753-0005-00   3678 RODGERS AV   EKLUND BRUCE W      3678 RODGERS AVE    MUSKEGON    Ml 49441     $3,333.30   $1,065.76   $4,399.06

24-205-754-0002-00   3687 RODGERS AV   FUNKHOUSER JACOB 3687 RODGERS AVE       MUSKEGON    Ml 49441     $1,919.28    $313.20    $2,232.48

24-205-754-0010-00   3690 WATSON AVE   GABRIS THOMAS        3696 WATSON AVE    MUSKEGON    Ml 49441     $3,873.09      $0.00    $3,873.09

24-205-754-0001-00   3691 RODGERS AV   GIBSON JOAN M        3691 RODGERS AVE   MUSKEGON    Ml 49441     $3,873.09    $463.60    $4,336.69



                                                                                                                        Page 1 of 2
                                                                                                       H-1524                                                     HEARING DATE        JANUARY 22ND, 2002

   VVatson Avenue from Beach Street to Nelson Street, Nelson Street from Watson Avenue to the north
                     end; and Rodgers Avenue from Nelson Street to Beach Street.
                                                                         SPECIAL ASSESSMENT ROLL                                                                                                  DR APP
PARCEL                     @                                   OWNER                                                 MAILING ADDRESS                                                PAVING
                      -N•-H••-·~ - -                                                                                                                                                                /SW           TOTAL
24-205-757-0001 -00       3691 WATSON AVE                        FARHAT E DAVID                         3485 WHISPERING W MUSKEGON                                  Ml 49444       $2,818.94     $3,291.14    $6,110.08

24-205-754-0009-00        3692 WATSON AVE                       GABRIS THOMAS J                         3696 WATSON AVE                       MUSKEGON              Ml 49441       $1 ,919.28        $0.00    $1,919.28

24-205-757-0003-00       3695 WATSON AVE                        SCHAEFER THOMAS                         3695 WATSON AVE                       MUSKEGON              Ml 49441       $1,919.28       $406.00    $2,325.28
24-205-754-0008-00       3696 WATSON AVE                        GABRIS THOMAS                           3696 WATSON AVE                       MUSKEGON              Ml 49441       $1,919.28         $0.00    $1,919.28
24-205-757-0002-00       3703 WATSON AVE                        SEBESTYEN CAROLY                        2372 STEVENS CREE FRUITPORT                                 Ml 49415-4     $1,919.28       $275.21   $2,194.49


                      TOTALS- ------ -- -- --------- ----- ----------- ---------- ------·········· ··········----· ·-··· ········· ····--- ··· ·········-------                  $65,952.90     14,159.69 lli..t102.59

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


                                                                                               BOARD OF ASSESSORS


                                                                                    .~~ -~-·_//4W,6z_
                                                                                               ~~~•
                                                                         Q.UFrttJRNER, DIRECTOR,COUNTY EQUALIZA~

                                                                           ~__
                                                                             Q _/ ~ ··--                                                               /·__c)S_{)J-
                                                                         LAWRENCE SPATARO~                                             MISSIONER                  DATE

                                                                                                                                                            1---3/-02-
                                                                                                                                                                  DATE




                                                                                                                                                                                                    Page 2 of 2
Date:         January 22, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Roberts St. from Keating to Laketon




SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Roberts, Keating to
Laketon, 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 willSKEGON

                                 Resolution No.     2002-10 ( b)


               Resolution At First Hearing Creating Special Assessment District
            For Roberts St., 192' N. of the Centerline of Keating to Laketon Ave.
                    Location and Description of Properties to be Assessed:
                           See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on January 22, 2002 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 January 22, 2002, there were          o % 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 prope1ty.

THEREFORE, BE IT RESOLVED:

1.   The City Commission hereby declares a special assessment district to include the
     prope1ty set forth in Exhibit A attached to this resolution.

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     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       Buie                              and      Larson
                                                                  -----------
       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 20.42% 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_--"S=h=e=p=h=e=--r=d.,__,--'S=p=-=a"-'t=a=r--=-o_,_,_W~a=r~m=i=n~g~t~o~n_,_,_B~u~i_·e~,~G~a_w_r_o_n_,_,_La_r_s_o_n~,~-_a_n_d_ __ _
                    Schweifler

       Nays_ __,_N,..,o=n...,,,e'------- - - - -- - - - -- - - - - - - - - - - - - - - -



                                                                                      CITY OF MUSKEGON




                                                  ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on January 22, 2002.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                                           CITY OF MUSKEGON
                                        EXHIBIT A



            ROBERTS ST, FROM SHERMAN TO 11..ATIMER

                          SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Roberts St. from 192' N. of the centerline of Keating
                                      to Laketon Ave.
                 .1SM3N




             -            I
             ~ - ,_                                                                   f                      I
                                                                                    YI LI.LL .•l
    '-----        -




                                                  ~' 'g-~
-                                                                                                      111       f-------~~_______.j



                                                  ~   ~ - ,P'/T7                                             w

                                                  ~                       LU                                 ~
                                                  ~
                                      '---"L.LJ                                    ,m---,-----.-

H    I I     frT""l             11 111 I 1111             /   rIT7 11                 I I    I     I      1wi
Fii    1111                   II I 111111                 ~                                                      ::====::::____}
                                                                LSNOSIOVl'I                                      ~=I
                                                      i       11        1111111111111 Fl
                                                      11111 / I             IIHI 111111 I
                                                      I       (SAallVA I I Fl I 11 11111111 I
                                                      I        I
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                                                                              11111111 I    I 11         I
                                                                                                         ·



                                                      I            111 11 111111 I I 111111
                                                      I       JLlLJJ            1111111 11       11 111

                                                      I 11111111 1111111111 1111 1111
                             AFFIDAVIT OF MAILING


STATE OF MICHIGAN            )
                             ) ss
COUNTY OF MUSKEGON)

 TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

          H-1512, ROBERTS-192' N OF KEATING TO LAKETON AVE



THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 11 TH DAY OF JA UARY 2002.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
 J8;J DAY OF ,Lan u q ,;,~       , 2002.


                ,J ~      f~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
L/nda      S.    larftr
MY COMMISSION EXPIRES - ---'9'----=d'--'---
                                         .s-:_- _0 _1._ __
                           ENGINEERING FEASIBILITY STUDY

                                                For

                            ROBERTS, KEATING TO LAKETON


The proposed Milling & resurfacing of Roberts St. between Keating & Laketon was initiated by
the City due to the conditions its 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, and subsequently increasing
the cost to the property owners as well as to the City.

Facts;

• The last major work on Robe1is, Keating to Laketon was done back in the late 60s
• Increased commercial traffic due to the openning of Roberts from Barney to Keating
 • 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 $171,000
with the length of the project being approximately 1,060 lineal feet or 1,940.26 of assessable
footage. This translates into an estimated improvement cost of $88.13 per assessable foot. The
assessment figure will be at a cost not to exceed $18.00 per assessable foot as established in the
2002 Special Assessment for this type of improvement.




                                                                                                     '
.
,


I MUSKEGON COUNTY
IM                      C     H           G       A      N
                                                                173 E. APPLE AVE, BUILDING C, MUSKEGON, MICHIGAN 49442
                                                                                                           (231) 724-6386
                                                                                                      FAX (231) 724-1129



I   BOARD OF COMMISSIONERS
                                                                                      EQUALIZATION DEPARTMENT



I   Kenneth J. Hutka, Chair
    Bill Gill, Vice Chair
    Paul Baade
    Douglas Bennett


I   Nancy G. Frye
    James J. Kobza
    Louis McMurray

I   Tony Moulatsiotis
    Clarence Start
                                                                    January 7, 2002
                   Mohammed Al-Shatel, City Engineer
                   City of Muskegon
I                  933 Terrace Street
                   Muskegon, MI49443
I                  Mr. Al-Shatel:

I                  In accordance with your request, I have examined the proposed special
                   assessment district entailing the milling and resurfacing of Roberts Street

I                  between Keating A venue and Laketon 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
I                  restrictions of escheat, taxation, police power and eminent domain. The effective
                   date is January 7, 2002.

I                 In conclusion, it is my opinion that the special assessment amounts justly and
                  reasonably represents the accrued benefits to the properties encompassed by this

I                 project. The amounts reflect the sum of the immediate estimated value
                  enhancement and the intrinsic value that will accrue from an overall increase in
                  property values due to an improved quality of life created by the proposed
I                 project. As previously presented, the proposed special assessment district
                  encompasses a mixture of properties, but the front foot rate of$18.00 appears
I                 reasonable in light of analysis that indicates a possible enhancement of $19 .03.
                  The conclusions are based upon the data presented within this limited analysis in
                  restricted format, and on supporting information in my files.
I
                  scerely,
                   s·                   tJi!
I                             o9-1 . , ~
                  J rry A roeneveld, CMAE 3
                  Senior Appraiser
I
                                    TDD (231) 722-4103 • An EEO I ADA I AA Employer
                                                     recycled paper
Affirmative Action
(23 I )724-6703
FAX: (231)722-1214

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

Cemetery Department     January 11, 2002
(231)724-6783
FAX: (231)726-5617

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

Civil Service
(231)724-6716
FAX: {231)724-4405      07
                        «OWNERS_NAME»
Clerk
(231)724-6705           «OWNERS_ADDRESS»
FAX: (231)724-4178
                        «OWNERS_CITY», «OWNERS_STATE» «OWNERS_ZIPCODE»
Community and           "NUMBER>>
  Neigh. Services
(231)724-6717
FAX: {231)726-2501      Parcel Number «P_NUM»: at «ADDRESS» «DIR» «STREET»
Computer Info.
  Systems                                  NOTICE OF HEARING ON SPECIAL ASSESSMENT
(231)724-6744
FAX: (231)722-4301

Engineering Dept.
                        Dear Property Owner:
(231)724-6707
FAX: (231)727-6904
                        The Muskegon City Commission is considering whether or not to create a special
Finance Dept,           assessment district which would assess your property for the following paving project:
(231)724-6713
FAX: (231)724-6768
                                  H-1512. ROBERTS. 192' N OF CL OF KEATING TO LAKETON AVE
Fire Department
(231)724-6792
FAX: (231)724-6985
                        The proposed special assessment district will be located as follows:
Income Tu
(231)724-6770
FAX: (231)724..{i768              All parcels abutting Roberts -192' N of CL of Keating to Laketon Ave
Inspection Services
(231)724-6715           It is proposed that a portion of the above improvement will be paid by special
FAX: (231)728-4371      assessment against properties in the aforementioned district. Following are conditions
Leisure Services        of the proposed special assessment which are important to you.
(23 I )724-6704
FAX: (231)724-1196
                                                                  Public Hearings
Mayor's Office
(231)724-6701
FAX: (231)722-1214      An initial public hearing to consider the creation of a special assessment district will be
Planning/Zoning         held at the City of Muskegon City Commission Chambers on «HEARING_DATE» at
(231)724-6702
FAX: (231)724-6790
                        5:30 P.M. You are encouraged to appear at this hearing, either in perso!'l, by agent or
                        in writing to express your opinion, approval, or objection concerning the proposed
Police Deptartment
(231)724-6750
                        special assessment. We are enclosing a Hearing Response Card for you to indicate
FAX: (231)722-5140      your agreement or opposition to the special assessment. This card includes the
Public Works Dept.
                        property identification and description, assessable footage per City policy, and the
(231)724-4100           estimated cost of the assessment. You may also appear, as above, in lieu of, or in
FAX: (231)722-4188
                        addition to mailing your response card to the City Clerk. Written objections or
Treasurer's Office
(231)724-6720
                        appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
FAX: (231)724-6768      ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
Water BIiiing Dept.
                        IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
(231)724-6718           OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
FAX: (231)724-6768

Water FIitration
(231)724-4106
                                                                                                             <'"il!MBER»
FAX: (231)755-5290
                              City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
                                                         www.shorelinecity.com
  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 $171,000.00 of which
  approximately 20.42% ($34,924.68) 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,



.- //JJ!a ~1- ()         !J_,il1
  Mohammed AI-Shatel, P.E.
  City Engineer
                                       SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD
                                       To have your vote count, please
                      Return This Card By JANUARY 22, 2002

   Project Title:             Milling & Resurfacing of Roberts Street,Keating Ave to Laketon Ave
   Project Description: All parcels abutting Roberts Street from 192' N of Keating to Laketon
                        Avenue.


   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.

   Assessment Information
   Property Address:                                  1183       E      LAKETON AVE
   Parcel Number                                      24-133-100-0008-00
   Assessable Frontage:                               275            Feet
   Estimated Front Foot Cost:                         $18.00         per Foot
   ESTIMATED TOTAL COST                               $4,950.00

   Property Description
   W 198 FT OF E 231 FT OF S 350 FT OF N 416 FT OF NE 1/4 OF NW 1/4 SEC 33 T10N R16W EXE 51 FT OF N 14.7 FT THEREOF




                                             Your vote COUNTS!



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

        I AM IN FAVOR                                                         I AM OPPOSED           •
            _ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner
Signature-----------                                        Signature - - - - - - - - - - - -
Address                                                     Address
        Thank you for taking the time to vote on this important issue.
                                         CITY 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:

                               Roberts St., Keating to Laketon
                              Black Creek Rd., Sherman to Latimer

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

•   All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave.
                                             &
•   All parcels abutting Black Creek Rd. from 200' S. of the CL of Olthoff to Latimer

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 January 22, 2002 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:          January 12, 2002                                        Gail Kundinger, City Clerk


                                                 ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes 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
 HEARING DATE                    JANUARY 22, 2002   H-1512
          Milling & Resurfacing of Roberts Street.Keating Ave to Laketon Ave

 24-133-100-0008-00    GR MUSK HOUSING CORP TR   ASSESSABLE FEET:                            275
                       1065 4TH ST               COST PER FOOT:                            $18.00
 @    1183 E LAKETON A MUSKEGON     Ml 49441-190 ESTIMATED P.O. COST:               I   $4,950.00 1
groeneveldje@co.muskegon.mi.us




 24-133-100-0009-00       NEWKIRK ELECTRIC ASSOC             ASSESSABLE FEET:             541.95
                          1875 ROBERTS ST                    COST PER FOOT:                $18.00
 @    1875      ROBERTS S MUSKEGON      Ml 49442             ESTIMATED P.O. COST:   I   $9,755.10 1
groeneveldje@co.muskegon.mi.us




 24-133-200-0001-00    EARTHGRAINS COMPANY                   ASSESSABLE FEET:                178
                       8400 MARYLAND AVE                     COST PER FOOT:                $18.00
 @    1225 E LAKETON A STLOUIS       MO 63105                ESTIMATED P.O. COST:   I   $3,204.00 1
groeneveldje@co.muskegon.mi.us



 24-133-200-0005-00       LORIN INDUSTRIES                   ASSESSABLE FEET:                108
                          1960 ROBERTS ST                    COST PER FOOT:                $18.00
 @    1842      ROBERTS S MUSKEGON      Ml 49442             ESTIMATED P.O. COST:   I   $1,944.oo 1
groeneveldje@co.muskegon.mi.us




 24-133-200-0007-00       KERSCO DIVISION INC                ASSESSABLE FEET:             398.25
                          1960 ROBERTS ST                    COST PER FOOT:               $18.00
 @    1894      ROBERTS S MUSKEGON      Ml 49442             ESTIMATED P.O. COST:   I   $7,168.501
groeneveldje@co.muskegon.mi.us




 24-133-200-0008-00       LORIN INDUSTRIES                   ASSESSABLE FEET:              322.9
                          1960 ROBERTS ST                    COST PER FOOT:                $18.00
 @    1960      ROBERTS S MUSKEGON      Ml 49442             ESTIMATED P.O. COST:   I   $5,812.20 1
groeneveldje@co.muskegon.mi.us




 1/7/02                                                                                 Page 1 of 2
 HEARING DATE                    JANUARY 22, 2002      H-1512
          Milling & Resurfacing of Roberts Street.Keating Ave to Laketon Ave

 24-215-014-0001-00        LORIN INDUSTRIES                     ASSESSABLE FEET:               116.16
                           1960 ROBERTS ST                      COST PER FOOT:                 $18.00
 @     1975      ROBERTS S MUSKEGON      Ml 49442               ESTIMATED P.O. COST:   I    $2,090.aa      1

groeneveldje@co.muskegon.mi.us




 SUM OF ASSESSABLE FOOTAGE:                  1940.26    SUM OF ESTIMATED P.O. COST:        $34,924.68   I
 TOTAL NUMBER OF ASSESSABLE PARCELS            7




 1/7/02                                                                                      Page 2 of 2
                                       SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD
                                      To have your vote count, please                  City Clerks Office
                      Return This Card By JANUARY 22, 2002
   Project Title:             Milling & Resurfacing of Roberts Street.Keating Ave to Laketon Ave
   Project Description: All parcels abutting Roberts Street from 192' N of Keating to Laketon
                        Avenue.


   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.

   Assessment Information
   Property Address:                                 1975             ROBERTS ST
   Parcel Number                                     24-215-014-0001-00
   Assessable Frontage:                              116.16        Feet
   Estimated Front Foot Cost:                        $18.00        per Foot
   ESTIMATED TOTAL COST                              $2,090.88
    Property Description
   THAT PT OF SEC 33 T10N R16W AND CONTINENTAL ADDITION TO THE CITY OF MUSKEGON DESC AS COM AT SW COR LOT 9
   BLK 14 SD CONTINENTAL ADDITION, TH NO DEG 23 MIN 21 SEC E 154.8 FT ALG WLY LN SD LOT 9 AS EXTENDED TO PT OF
   INTERSECTION OF NLY LN OF LOTS 7 & 8 OF SD BLK AS EXTENDED & ELY LN LOT 8 AS EXTENDED, TH N 89 DEG 56 MIN
   05SEC W ALGSD NLY LOT LINES AS EXTENDED 223.06 FT TO ELY R/W LINE VULCAN ST, TH N 0 DEG 47 MIN 35 SEC E ALG E
   R/W LINE VULCAN ST AS EXTENDED 199.62 FT TO SLY LINE C&O RR & NLY LN NIMS ST, TH S 89 DEG 09 MIN 02 SEC E 262.78
                                            Your vote COUNTS!
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

         IAMINFAVOR        ~                                                 IAMOPPOSED            •
o_wner      ~j~                                  CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ _ __

Signature                                                 Signature - - - - - - - - - - - - -
Address     M7S: Kcp-€..f"p St-Qul                        Address
                                                                                                                      7
         Thank you for taking the time to vote on this important issue.
Date:         January 22, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Black Creek Rd. Sherman to Latimer




SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Black Creek Rd.,
Sherman to Latimer, 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:
          Commission Meeting Date: January 22, 2002




Date:        January 15, 2002
To:          Honorable Mayor & City Commission
From:        Planning & Economic Development Department
RE:          Extension of Construction Time Period- Purchase
             Agreement/Former Lakos Property (Muskegon
             Hospitality, lncJCity of Muskegon}


SUMMARY OF REQUEST: To approve the written request from Holiday Inn
Muskegon Harbor/Muskegon Hospitality Inc. to extend the construction time period
designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the
City of Muskegon for the former Lakos property, with conditions. The conditions are
included in the attached Amendment Agreement, and include an extension of three
years, at the inclusion of which a new building will be constructed on the site.
Conditions include the requirement that a paved, landscaped parking lot will be
constructed on the site in the interim. If the parking lot is not constructed, in
accordance with requirements of the Engineering and Planning Departments, by May
31, 2002, the original staff recommendation of January 8, will be in effect.

FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To approve the attached Amendment Agreement and
authorize the Mayor and Clerk to sign.

COMMITTEE RECOMMENDATION: None.
                                        AMENDMENT AGREEMENT
                                               2002-11 (a)
        THIS AGREEMENT is made, effective January 22, 2002 by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace Street, Muskegon, Michigan
49440 ("Seller"), and DESIREE ENTERPRISES, INC. of 939 Third Street, Muskegon,
Michigan 49440 ("Buyer"). This agreement constitutes an amendment to a certain Real Estate
Purchase Agreement between the parties dated February 8, 2000, and a Land Contract between
the parties dated March 1, 2000, a memorandum of which was recorded on March 6, 2000, at
Liber 3020 Page817, Muskegon County Register of Deeds. In all other respects the said
agreements shall remain in full force and effect.

        1.       Extension of Time for Completion of Improvements. The Buyer shall have an
extended period of time within which to construct the improvements contemplated by Section 9
of the Real Estate Purchase Agreement, so that the time for completion shall now be January 15,
2005, or if the parking lot is not completed by the date set forth below (May 31, 2002), then
January 15, 2003. This extension is made on the following conditions. The failure of the Buyer
to observe any one of these conditions shall result in immediate reversion of the property to
Seller as set forth in paragraph 9 of the Real Estate Purchase Agreement and further in thi8
agreement:

                  1.1      The Buyer shall construct a parking lot on the premises, which shall be
                           completed, including paving and striping, pursuant to plans which must be
                           approved by the City (Engineering Department), completion of
                           construction to be accomplished by May 31, 2002. By the said date, the
                           parking area shall be constructed and operated, in addition, according to
                           the provisions following:

                  1.2      The parking lot shall be landscaped in compliance with a landscaping plan
                           to be submitted to and approved by the City (Planning Department).

                  1.3      All zoning ordinance requirements, including variances, if granted, shall
                           be complied with, including without limitation landscaping, setbacks,
                           layout, lighting, and any other site plan requirements.

                  1.4      The entrance(s) and exit(s) for the parking area shall be on the alley.



C;\WINDOWS\TEMP\Lakos.Amendment 3.doc
                                                     I
                   1.5      Maintenance, repairs and cleaning shall be the responsibility of the Buyer
                            or its successors or assigns.

                   1. 6     All improvements of the parking area shall be completed and approved by
                            the City on or before May 31, 2002.

                   1. 7    In the event the parking area is not thus completed by May 31, 2002,
                           the property shall revert to the City, unless the Buyer fills the property
                           with three inches of topsoil and seeds the property for ground cover
                           acceptable to the City by June 30, 2002, and files with the City on June 30,
                           2002, its plan and timetable for completion, by January 15, 2003, of all
                           buildings and improvements. (In that event, the existing fence shall be
                           removed from its current location to the rear of the property so that it
                           screens the rear delivery and dumpster areas of the hotel by June 30, 2002.
                           If it continues to be necessmy or appropriate to maintain an existing fence
                           on the front of the property, the said existing fence shall be continued in
                           addition to a new rear screening fence. The City shall determine whether
                           the front fence shall be continued in place).

                  1.8      If the parking lot is completed by May 31, 2002, the Buyer shall deposit
                           with the City a written schedule of the construction activities and
                           completion of buildings and structures appropriate for commercial uses
                           permitted on the property, the said schedule to be filed with the City no
                           later than Janumy 15, 2003. Completion of the said improvements shall be
                           accomplished by Janumy 15, 2005, and the schedule shall so require.

                  1.9      Reversion. Continuance of mere parking lot usage or the vacant condition
                           after seeding without timely submitting the appropriate plan above, or if
                           submitted, without timely completion, (Janumy 15, 2003 or 2005), shall
                           result in reversion to the City. Reversion to the City shall mean that
                           without any further action by the City, the entire title to the property shall
                           pass to the City without compensation to Buyer for the improvements or
                           partial improvements made, including without limitation all parking,
                           lighting, landscaping, infrastructure, ground cover, seeding, planting,
                           fences or other installations, or for any expense of any kind. This reversion
                           right of the City is supported by consideration, reflected in the original
                           purchase price. This reversion right survives delivery of a deed
                           pursuant to the Land Contract.

        2.      Recording and Enforcement. The provisions of this agreement shall constitute
mnendments to the Land Contract at paragraph 19 thereof, and the incorporated Real Estate
Purchase Agreement at paragraph 9 thereof. This agreement may be recorded, and shall
constitute record evidence of the City's right to reversion and enforcement of the agreement. The
legal description of the property is:




C:\WINDOWS\TEMP\Lakos.Amendment 3.doc
                                                     2
                  Lot 8, EXCEPT the Easterly four inches thereof, and all of Lots 9,
                  10 and 11; also Lot 12, EXCEPT the Southwesterly 6/l0ths of a
                  foot, of Block 566 of the Revised Plat of the City of Muskegon.




         3.      In all other respects the agreements between the parties shall remain in full force
and effect. It is binding on the parties and their successors and assigns.

WITNESSES:




                                                       BUYER: DESIREE ENTERPRISES, INC ..

                                                       By_ _ _ _ _ _ _ _ _ _ _ _ __

                                                          Its _ _ _ _ __


STATE OF MICHIGAN
COUNTY OF MUSKEGON

       The foregoing instrument was acknowledged before me this dJt;( day of .Jc11·wqrY                ,
2002 by Steve Warmington and Gail A. Kundinger, Mayor and Clerk respectively, for and~
behalf of the City of Muskegon.

                                                        L/ac/c,   S. I?, ffi'.r , Notary Public
                                                       Muskegon County, Michigan
                                                       My commission expires: ?-;>o=:-o...z..




C:\WJNDOWS\TEMP\Lakos.Amendment 3,doc
                                                   3
                                                                         (248)     395-5251                        p.4
                             Office of Randal           s.   Toma
Jan 18 02 12:42p                                               - ·- -      - ·- - - · ·"'1'10, 904- ·      P.4/5
   JHN,17.2002 4:02PM        HOLIDAY INN MUSKEGON
                                       t


                                        i
          Real Estate Purchase Agree1\ient at paragraph 9 thereof This agreement may be
          recorded, and shall coostitut~ record evidence of the City's right to reversion and
          enforcement of the agreemel!t. The legal description of the property is:
                         Lot 8, EXCEl~T the Easterly four inclles thereof; and ail of
                         Lot$ 9, 10  anii 11; also Lot 12, EXCEPT the Southwesterly
                         6/1 0ths of a fi~ot., of Block 566 of the Revised Plat of the
                         City of Muskogon.




                  3.     In all other res~ects the agreements between the parties shall remain Jn fu.11
          force and effect. It is binding ~n the parties and their sUccessors and assigns.

          WITNESSES:                                            SELLER: CITY OF MUSKEGON


                 By_ _ _ _ _ _,.,__ _ _ _ __
                                                                    Steve Warmington, Mayor

                 By_______ ,-_ _ _ _ __
                                                                    Gail A. Kundinger, Clerk

                                                                BUYER: DESIREE
          ENTE~RJSES, INC ..
          u:;
                                                                                     ,,__......,,..,,._/
                                                                    --1-¥"=-:::.,..--
                                                                    Its...,___ _ _ __


          STATE OF l\.1ICHIGAN
          COUNTY OF MUSKEGON
                                            i
                  Th,; foregoing lnstruniepywas acknowledged before me this _ day "f
          _ _ ____,, 200 l by Steve 1tannington !Ind Gail A. Kundinger, Mayor and (;Jerk
          respectively, for and on behalf-~fthe City of Muskegon.

                                                                                          , Notary
STATE OF MICHIGAN
COUNTY OF MUSKEGON

       The foregoing instrument was aclmowledged before me this _ _ day of _ _ _ __
2002 by _ _ _ _ _ _ _ _ _ - - - - - ~ for and on behalf of Desiree Enterprises, Inc.,
Inc.


                                                                  , Notary Public
                                              Muskegon County, Michigan
                                              My commission expires: _ _ _ _ _ __

Drafted by and return to:                                  Business Address:
PARMENTER O'TOOLE                             175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson                         Muskegon, Michigan 49443-0786




C:\WINDOWS\TEMP\lakos.Amendment 3.doc
                                          4
                ROLL CAll.1./ ACTION SHiE!ETS




                                                    COMMENT

Commnssioiiler Shepherd               ✓
Commissioner Spataro        s         ✓
                                                              .,
                                                                91)
Mayor Wall"mingt:on                   ✓                - Au
                                                .

Vice Mayoir Buie                      ✓                #-
Commissioner Gawron                   ✓
Commissioner Lairson                  ✓
Commissioner Sclhweifler     M        /
            Comm§ssion Meeting Date: January 8, 2002




Date:         January 2, 2002
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department (/3C..,,
RE:           Extension of Construction Time Period- Purchase
              Agreement/Former l..akos Property (Muskegon
              Hospitality, lnc./City of Muskegon)


SUMMARY OF REQUEST: To approve the written request from Holiday Inn
Muskegon Harbor/Muskegon Hospitality Inc. to extend the construction time period
designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the
City of Muskegon for the former Lakos property, with conditions. Although the
extension request is for 24 months, staff recommends that the request be granted for
12-months, in accordance with Section (9) of the Purchase Agreement (through
September 2002).

FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To approve the request from Muskegon Hospitality,
Inc. for an extension for completion of construction, for a period of 12 months,
provided that the following conditions be met: 1) a timeline for building construction
and future use be provided to the City by February 1, 2002, 2) the property be filled
with 3" of topsoil and the property be seeded by May 31, 2002, 3) the existing fence
be moved from it's current location to the rear of the property so that it screens the
rear delivery and dumpster area by May 31, 2002. Further, the buyer must sign an
addendum to the Land Contract and Purchase Agreement agreeing to these terms.

COMMITTEE RECOMMENDATION: None.
                  i!t -\\~ £),u\!                                                    RECEIVED
                      MuskEGON                  ,4) HARBOR                            NOV 2 6 2001
                                                                                    CITY .__ ..
                                                                                  Pil..mNH'IC - - · , w .   . .. . .   . .   I




November 19, 2001

Ms. Cathy Brubaker-Clarke
City Of Muskegon
933 Terrace Street
P. 0. Box 536
Muskegon, Michigan 49443-0536

Dear Ms. Brubaker-Clark,

In response to your letter dated November 9, 2001, I would like to officially
request an extension of our "Agreement" for an extra twenty-four (24)
months. We are still very interested in construction of this property, but due
to the following reasons we have put the project on hold.

First, due to the recent economy, most of our capital expenditures have been
delayed until the economy rebounds. Almost assuredly the plans are for
development in 2002.

Next, we are waiting for the County's plans for the new Convention Center,
here in downtown Muskegon. We would like to adapt our plans for the
needs of the City's guests that are not included in the Convention Center's.
For example if more convention area, display area, or banquet area is
needed, our plans would be to include that in the construction plans.

Thirdly, we would also like to see the development course of the designated
"Smart Zone" in downtown. We have also talked about adding a business
center for our guests in the hotel. This could also have an impact to
determine the plans for construction and development of this property.

Finally, projects for the improvement of Western Avenue are still uncertain.
We would like to be able to possibly enhance some of those still undecided
projects, such as theme, style and conformity. Basically, we do want to
match those pending developments, for the esthetic beauty of downtown.




                   939 Tu1RO STREET • M uskEGON, M1ct.n G.i..N 49440- 1191
                       TeLEPIJONE <61 6 > 122- 0 100 •   F~   1616> 122- s 11 s
                   ~,  ll~°'9
                   ·~- \ ~
                               C\-IA•
                           ~ - C}YU'-
                       MuskEGON                 4)      HARBOR




Thank you for letting us request this extension. It is in all of our best interest
to give the City the best possible plans of development and we hope together
the Ci of Muskegon becomes a flourishing metropolis we all know it can




Samei Betak
Holiday Inn Muskegon Harbor




                    939 Tl)1RD STREeT • Mu s kEGON, M1cl)1c..i.N 49440-11 97
                        Tetep!JONE 1616, r22 - 0100 •   F.\X 1616, 722-s11s
                                REAL ESTATE PURCHASE AGREEMENT


        THIS AGREEMENT is made t="-,.e...__..,._--, ';;;;'             , 2000, by and between CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan 49440
("Seller"), and MUSIHlGON NIGH11B, INC., of 939 Third Street, Muskegon, Michigan 49440
("Buyer").     '"I>"- -s.::riz.,:,;:, ~~?'f'.;I;'S.1t.S , ::i:r-1<....


          I.    General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property commonly known as 428 W. Western Avenue, Muskegon, Michigan
("Premises"), and specifically described as:

                    Lot 8, EXCEPT the Easterly four inches thereof, and all of Lots 9,
                    10 and 11; also Lot 12, EXCEPT the Southwesterly 6/lOths of a
                    foot, of Block 566 of the Revised Plat of the City of Muskegon.

Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.

        2.      Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Thirty Five Thousand Dollars ($35,000), payable as follows:

                    Fifteen Thousand Dollars ($15,000) shall be paid to Buyer in certified funds at
                    closing;

                    The balance of Twenty Thousand Dollars ($20,000) shall be paid in two payments
                    of Ten Thousand Dollars ($10,000) each, on the anniversary date and the second
                    anniversary date of the closing. Balances due from time to time shall accrue
                    interest, compounded monthly, at 6% per annum. Buyer shall execute a Land
                    Contract in the form attached to this Agreement reflecting the said payment
                    arrangement (Exhibit A). The Land Contract shall carry the conditions and
                    indemnity provisions set forth in this Agreement.

         3.     Taxes and Assessments. All taxes and assessments which are due and payable
at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments which become due and payable after Closing shall be the responsibility of Buyer.

        4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such

 G:\COMMON\5\GTJ\C-RLESnt..AK0S3.PA                 - 1-
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (I 0) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owners title policy shall be
paid by Buyer.

        5.     Personal Property and Fixtures. All personal property and fixtures which Seller
wishes to remove shall be removed on or before Closing. The parties are aware that Buyer
intends to demolish the building. Any personal property which is left on the Premises shall be
the property of Buyer who may dispose of same.

        6.      Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (3 0) days after disclosure, or tendering Buyer's deposit in full
termination of this Agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.

          7.        Environmental Matters. Seller represents and warrants to Purchaser as follows:

                  a.      To the best of Seller's knowledge, the Premises have been used and
          operated in compliance with all applicable federal, state and local laws and regulations
          related to air quality, water quality, waste disposal or management, hazardous or toxic
          substances, and the protection of health and the environment

                 b.      Seller has not disposed of any hazardous or toxic substances on or in the
          Premises and, to the best of Seller's knowledge, the Premises and the groundwater
          beneath the Premises is free from environmental contamination of any kind.

                  c.     The Premises does not include any "underground storage tank," as that
          term is defined by state or federal law.

        Such representations and warranties shall be deemed to have been made again by Seller
as of the Closing. The representations, warranties and covenants set forth in this paragraph shall
survive the Closing.

     8.   Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FORA
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL

G:\COMMON\5\GTJ\C-RLEST\I.AK0S3.PA                -2-
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT, ALSO SUBJECT TO THE WARRANTY OF BUYER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES BY THE
SELLER. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING .
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.

BUYER FURTHER AGREES TO INDEMNIFY AND HOLD THE SELLER HARMLESS FOR
ALL COSTS, ATTORNEY FEES, FINES, PENALTIES OR OTHER EXPENSES WHICH
MAY BE SOUGHT FROM SELLER BY REASON OF THE ENVIRONMENTAL
CONDITION OF THE PREMISES. BUYER ACKNOWLEDGES THAT THE SELLER HAS
NOT PHYSICALLY OCCUPIED, USED, MAINTAINED OR IMPROVED THE PREMISES
SINCE IT RECEIVED THE TITLE IN EXCHANGE FOR A DEBT DUE IT FROM BUYER'S
PREDECESSORS FAR IN EXCESS OF THE MARKET VALUE OF THE PREMISES.
BUYER FURTHER ACKNOWLEDGES THAT THE SELLER IS CONVEYING THE
PREMISES FOR A PRICE SUBSTANTIALLY LESS THAN THE APPRAISED VALUE,
AND THE AGREEMENT TO INDEMNIFY AND HOLD SELLER HARMLESS, TOGETHER
WITH OTHER AGREEMENTS FOUND IN THIS CONTRACT, IS PART OF THE
CONSIDERATION AS A RESULT.

        9.       Condition: To Construct Improvements. Buyer acknowledges that, as part of
the consideration inuring to the City, and as a condition of this sale, Buyer shall construct on the
premises a building and all improvements within eighteen (18) months of the closing of this
transaction. The building and all improvements shall be qualified for the issuance by the City of
a Certificate of Occupancy or Compliance by that time and, in the event that has not occurred,
the property and all improvements then installed shall revert in title to the City, without any
compensation or credit to Buyer. In the event the said completion date cannot be met by Buyer
for reasons beyond the control of Buyer, such as environmental or governmental regulatory
orders which actually delay construction (not caused by buyer), Buyer may request, in writing, at
least thirty (30), but no more than sixty (60), days before the end of the said eighteen month
period, an extension ohime for said completion, giving the reasons therefor and seeking an
extension for no longer than 12 additional months, (for a total ofno more than 30 months). The
city shall not unreasonably refuse the request. The covenants in this paragraph shall survive the
closing and run with the land.

                As further condition of this Agreement, and subject to the reversion above, Buyer
shall construct the said building and all improvements having the following structural and
appearance characteristics:

                   9. I      The building shall have a height equal to the prevailing height of
                             neighboring buildings, to be at least twenty feet at the front building
                             line.

G:\COMMON\5\GTJ\C-RLEST\LAKOS3.PA                     -3-
                     9 .2     The building shall have a front building line at the same depth as
                              neighboring buildings.

                    9 .3      The building presently on the premises shall be demolished and legally
                              disposed of within 150 days after the closing.


        10..     Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.

        11.     Closing. The closing date of this sale shall be on or before - - - - - ~
2000 ("Closing"). The Closing shall be conducted at the closing office ofTransnation Title
Insurance Company in Muskegon, Michigan. If necessary, the parties shall execute an IRS
closing report at the Closing.

       12.     Delivery of Land Contract. Seller shall execute and deliver the Land Contract
(Exhibit A) to Buyer at Closing.

        13.    Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.

        14.     Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the warranty deed to be delivered at Closing, and, as stated above, the title
insurance premium.

          15.      General Provisions.

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

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

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

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



G:\COMMON\5\GTJ\C-RLESnt.AK0S3.PA                     -4-
                e.      Successors. All terms and conditions of this Agreement shall be binding
         upon the parties, their successors and assigns.

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

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

                h.     Modification of the Agreement; No other Agreement. This Agreement
         and the Land Contract shall not be amended except by a writing signed by Seller and
         Buyer. There is no other agreement, express or implied, between the parties except this
         one and the Land Contract which will be signed at closing.

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

WITNESSES:
                                                    SELLER: CITY OF MUSKEGON


   N-n-wz--.) ~
                                                    By   0'1t:i.J_~
                                                         Fred J::;en, May r

~               Io-b£c                              By~O.Gail A. Kundinger, Clerk




                                                    TID No. _ _ _ _ _ _ _ _ _ _ __




Drafted by:                                         Business Address:
PARMENTER O'TOOLE                                   175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson                               Muskegon, Michigan 49443-0786




G:\COMMON\5\GT J\C-RLEST\LAKOS3.PA                 -5-
                  ~i-l~~ru\:
                       i)
                     Musl<EGON                             HaRBOR



January 4, 2002

Mayor's Office
City Of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443-0536

Dear Mayor and City Council Members,

In response to your letter from Cathy Brubaker-Clark dated November 9,
2001, I. would like to officially request an extension of our "Agreement" for
an extra thirty-six (36) months. We are still very interested in developing
this property into a Banque1/Conventi.on facility, but due to the recent
economy, revenue forecasts in the short-term are not promising. TI1erefore,
a new short-term proposal would be to try something else and leave the
Banquet/Convention facility f:o a long-tenll goal.

Our new development idea., has actually been suggested by our Downtown
business neighbors, is a new public parking facility. TI,is could compensate
for the loss of the Muskegon. Mall's public parking, and i.s a temporary fix
for the land. This lot would be pa.ved, neatly landscaped, and provide a
proposed fifty (50) parking spaces, near the comer of Western Avenue and
Third Street. Many businesses are currently using the Holiday Inn's parking
structure. In the coming months when the hotel's occupancy is on the rise so
will the demand for our parking spaces. Hotel guests will receive priority
for those a.vailable spots, leaving little for the general public. See the
attached letter of support from several downtown businesses.

Our vision in the short tennis to add to the beauty of Downtown and give it
needed parking spaces. The long-term vision is to still develop a
competitive BanquetJConvention facility. Such a facility would altract large
events to Muskegon for the first time, competing with larger markets that
used to have a monopoly on that size of busi.ness interest.




                   M,~ T1,11to SmeeT • MusTcaGON", M.1.c:t,1.<J.a..N 494.110 ..1197
                        TEl.ept}ONE' 11J1iS1 r:tt-tnoo ~   Fu 16161 777.-!lll~
                                                                                      r......
                                       ;:!VJ.'lC   ~   lJJ-\.I,.,!:,   Ct.WO I:,   .1.1~1., •




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                        A~
                       Musk.EGON                                           H.:i..RHOR.




Thank you for letting us request this extension. it is in our best interest to
give the City of Muskegon the best possible plans of development.
Together, we hope to improve this fine city's future.


Sincerely,


Samei Betak
Holiday Inn Muskegon Harbor




                   ~:,:11 Tt,trtO Sm.113.eT • M.USkE<iON. M1eb'l6~N 4:i-"f4Q~1i91'
                        TeJ.epf,JoNe umH 1u~0100 · Fi\JC 1c;1,;,, rz:t-511B
Date:     December 4, 2001
To:       Honorable Mayorr a d City Commissioners
                         fl
From:     Ric Scott     /4 .
RE:       fisherman's Landing RFP


SUMMARY OF REQUEST:
To direct staff as to which proposal, if either, to
pursue for the use of Fisherman's Landing


FINANCIAL IMPACT:
Unknown


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
See Attached


COMMITTEE RECOMMENDATION: ,
The Leisure Services Board recommended that to delay
action for 30 days to allow both parties to work out an
agreement, but to work with Great Lakes to determine
what an equal swap may be during that time.
                Commission Meeting Date: January 22, 2002




Date:        January 11, 2002
To:          Honorable Mayor and City Commissioners

From:        Planning & Economic Development~
RE:          Rezoning request for property located near Bayou, Butler
             and Wood Streets


SUMMARY OF REQUEST:

Request to rezone property owned by Donald and Sherry Lou Balcom, located near
Bayou, Butler and Wood Streets, from RT, Two-Family Residential and B-4, General
Business to RM-1, Low Density Multiple-Family Residential.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 1/10 meeting.
The vote was unanimous.




1/11/2002
                                            CITY OF NlliSKEGON

                                    MUSKEGON COUNTY, MICHIGAN

                                         ORDINANCE NO.           2066

 An ordinance to amend the zoning map of the City to provide for a zone change for certain property
 from RT "Two-Family Residential," and B-4 "General Business" to RM-1 "Low Density Multiple-
                                      Family Residential"

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from RT "Two-Family Residential" and B-4 "General Business", to RM-1 "Low Density
Multiple-Family Residential":

THAT PART OF BLOCKS 4, 5 AND 127, OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON, MUSKEGON COUNTY,
MICHIGAN DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID BLOCK 4 FOR POINT OF BEGINNING;
THENCE SOUTH 00"15'08" EAST ALONG THE EAST LINE OF SAID BLOCK 4 A DISTANCE OF 142.74 FEET; THENCE SOUTH 71'23'30"
WEST 173,32 FEET (RECORDED AS 173.53 FEET) TO A POINT 197.97 FEET SOUTH OF THE NORTHWEST CORNER OF SAID BLOCK 4,
TO THE LINE BETWEEN SAID BLOCKS 4 AND 5; THENCE SOUTH 00'15'37" EAST ALONG SAID BLOCK LINE 303.19 FEET TO THE
SOUTHEAST CORNER OF SAID BLOCK 5; THENCE SOUTH 89'58'53" WEST ALONG THE SOUTH LINE OF SAID BLOCK 5 A DISTANCE
OF 460.29 FEET; THENCE NORTH 00'05'00" WEST, PARALLEL TO THE EAST LINE OF WOOD STREET, 100.00 FEET; THENCE SOUTH
89'58'53" WEST 660.00 FEET TO THE EAST LINE OF WOOD STREET; THENCE NORTH 00'05'00" WEST ALONG SAID EAST LINE 34.84
FEET TO THE NORTH LINE OF BUTLER STREET; THENCE NORTH 65'30'30" WEST ALONG SAID NORTH LINE 18.16 FEET TO THE
CENTERLINE OF THE VACATED PORTION OF WOOD STEET, AS RECORDED IN UBER 1578, PAGE 340, MUSKEGON COUNTY
RECORDS; THENCE NORTH 00'05'00" WEST ALONG SAID CENTERLINE 226.59 FEET; THENCE SOUTH 89'55'00" WEST 16.50 FEET
TO A POINT ON THE EAST LINE OF LOT 9 OF SAID BLOCK 127 AND THE EXTENSION OF THE LINE BETWEEN LOTS 3 AND 4 OF SAID
BLOCK 127, THROUGH SAID LOT 9 OF SAID BLOCK; THENCE NORTH 65'48'50" WEST ALONG THE EXTENSION OF SAID LOT LINE
46.04 FEET TO THE CENTERLINE OF THE 20 FOOT VACATED ALLEY, RECORDED IN UBER 1460, PAGE 40, LYING IN SAID BLOCK 127;
THENCE NORTH 23'56'00" EAST ALONG SAID CENTERLINE 198.97 FEET TO THE SOUTHERLY LINE OF BAYOU STREET; THENCE
SOUTH 66'07'09" EAST ALONG SAID SOUTHERLY LINE 169.40 FEET TO THE NORTH LINE OF SAID BLOCK 5; THENCE NORTH
89'58'24" EAST ALONG SAID NORTH LINE 1122.48 FEET TO POINT OF BEGINNING. CONTAINING 12.39 ACRES.

This ordinance adopted:

          Ayes: Larson, Schweifler, Shepherd, Spataro. Warmington, Buie, Gawron

          Nayes:   None

Adoption Date:        January 22, 2002

Effective Date:       February 9, 2002

First Reading:       January 22, 2002

Second Reading:      N/A

                                                         CITY OF MUSKEGON


                                                                  Gail A Kundinger, City Clerk


1/11/02
CERTIFICATE (Rezoning of Balcom Property from RT and B-4 to Rl\/1-1)


        The undersigned, being the duly qualified clerk of the City of Muskegon, \1uskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 22 nd day of
Januar;, 2002, 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 :farther ce1tify 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: -=Ja""n"-'u=a=r..,_y~22~_ _, 2002.

                                               Clerk, City of Muskegon



Publish:       Notice of Adoption to be published once within ten (I 0) days of final adoption.




1/11/02
                                                                                                                                                                                                                                                                                                                                                                                    N
City of Muskegon
Planning Comnission                                                                                                                                                                                                                                                                                                                                                            W~E

Case #2002-1                                                                                                                                                                                                                                                                                                                                                                        s

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  700                                                                   0                                                                           700                                                                            1400 Feet
                                        CITY OF MUSKEGON
NOTICE OF ADOPTION

Please take notice that on January 22, 2002, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoniog of the following property
from RT "Two-Family Residential" and B-4 "General Business", to RM-1 "Low Density Multiple-
Family Residential"

THAT PART OF BLOCKS 4, 5 AND 127, OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST
CORNER OF SAID BLOCK 4 FOR POINT OF BEGINNING; THENCE SOUTH 00°15'08" EAST ALONG THE
EAST LINE OF SAID BLOCK 4 A DISTANCE OF 142.74 FEET; THENCE SOUTH 71°23'30" WEST 173.32
FEET (RECORDED AS 173.53 FEET) TO A POINT 197.97 FEET SOUTH OF THE NORTHWEST CORNER
OF SAID BLOCK 4, TO THE LINE BETWEEN SAID BLOCKS 4 AND 5; THENCE SOUTH 00'15'37" EAST
ALONG SAID BLOCK LINE 303.19 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 5; THENCE
SOUTH 89'58'53" WEST ALONG THE SOUTH LINE OF SAID BLOCK 5 A DISTANCE OF 460.29 FEET;
THENCE NORTH 00'05'00" WEST, PARALLEL TO THE EAST LINE OF WOOD STREET, 100.00 FEET;
THENCE SOUTH 89'58'53" WEST 660.00 FEET TO THE EAST LINE OF WOOD STREET; THENCE
NORTH 00'05'00" WEST ALONG SAID EAST LINE 34.84 FEET TO THE NORTH LINE OF BUTLER
STREET; THENCE NORTH 65°30'30" WEST ALONG SAID NORTH LINE 18.16 FEET TO THE
CENTERLINE OF THE VACATED PORTION OF WOOD STEET, AS RECORDED IN UBER 1578, PAGE
340, MUSKEGON COUNTY RECORDS; THENCE NORTH 00'05'00" WEST ALONG SAID CENTERLINE
226.59 FEET; THENCE SOUTH 89°55'00" WEST 16.50 FEET TO A POINT ON THE EAST LINE OF LOT 9
OF SAID BLOCK 127 AND THE EXTENSION OF THE LINE BETWEEN LOTS 3 AND 4 OF SAID BLOCK
127, THROUGH SAID LOT 9 OF SAID BLOCK; THENCE NORTH 65'48'50" WEST ALONG THE
EXTENSION OF SAID LOT LINE 46.04 FEET TO THE CENTERLINE OF THE 20 FOOT VACATED ALLEY,
RECORDED IN UBER 1460, PAGE 40, LYING IN SAID BLOCK 127; THENCE NORTH 23'56'00" EAST
ALONG SAID CENTERLINE 198.97 FEET TO THE SOUTHERLY LINE OF BAYOU STREET; THENCE
SOUTH 66°07'09" EAST ALONG SAID SOUTHERLY LINE 169.40 FEET TO THE NORTH LINE OF SAID
BLOCK 5; THENCE NORTH 89°58'24" EAST ALONG SAID NORTH LINE 1122.48 FEET TO POINT OF
BEGINNING. CONTAINING 12.39 ACRES.

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

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

Published       Jan u art       3 0 , 2002               CITY OF MUSK.EGON
                         c7

                                                         B)' - - - - - - - - - - - - -
                                                               Gail A. Kundinger
                                                               Its Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF Fil'lAL PASSAGE.

AccountNo. 101-80400-5354




1/11/02                                                                                       4
                                      Staff Report [EXCERPT]
                                       CITY OF MUSKEGON
                                     PLANNING COMMISSION
                                       REGULAR MEETING

                                            January 10, 2002


Hearing; Case 2002-1: _Request to rezone property located near Bayou, Butler and Wood Sts.
from RT, Two-Family Residential and B-4, General Business to RM-1, Low Density Multiple-
Family Residential, by Sterling Development, LLC.


BACKGROUND
Applicant: Sterling Development, LLC
Address/Location of Subject Property: near Bayou, Butler and Wood Streets, north of Adams St.
Current Use: Vacant and Storage
Current Zoning: RT, Two-Family Residential and B-4, General Business
Proposed Zoning: RM-1, Low Density Multiple-Family Residential


STAFF OBSERVATIONS
1. The subject property is located north of and down the hill from the Jackson Hill neighborhood,
   near Bayou, Butler and Wood Streets, and is also adjacent to Sanford Bayou (see attached
   survey). The property is currently owned by Donald and Sherry Lou Balcom, and the Sterling
   Group has a purchase agreement to buy the property.
2. Most of the property is currently zoned RT (Two-Family Residential), with a small p01tion on
   the west side zoned as B-4 (General Business). The applicant is proposing to build a multi-unit
   apartment complex on the site.
3. The Future Land Use Map shows most of the subject property to be Open Space, with a small
   portion on the east side shown as Woodlands.
4. The Master Land Use Plan doesn't really address this property, but states:
   • It is the goal of the Master Plan to maintain the residential integrity of the sub-area, while
      setting aside small segments suitable for commercial and industrial uses in a highly
      compatible, non-threatening fashion.
    •   Single-family homes are found tlu-oughout the sub-area ... They range from well to poorly
        maintained dwellings. Sub-Area 12 has the highest concentration of homes experiencing
        significant site deterioration. A variety of schools and churches are interspersed tln·oughout
        and compliment the residential flavor of the area.
5. The Master Plan recommends for this sub-area:
   • Housing rehabilitation efforts should be focused in Sub-Area 12.

    •   Clustered commercial development should be confined to the US-31 and Getty Street
        intersections ...


City of Muskegon Planning Commission- 1/10/02                                                            1
6. The applicant has met with representatives of the Jackson Hill Neighborhood Association to
   discuss the proposed project. An informal poll was done of the members at the meeting, and the
   general consensus was to support the project, as long as the developers continue to work with
   and maintain a relationship with the neighborhood association.
7. A previous request to rezone this property to an industrial district was denied in 1999. Staff
   feels that the proposed zoning is a much better fit for the area, since most of the property is
   already zoned for two-family, and it is adjacent to a residential neighborhood.
8. The cun-ent RT zoning would allow a density of 10 units per buildable acre. The RM-1 district
   allows a density of 16 units per buildable acre. The higher density is required for the project
   being proposed by the applicant.
9. The Jackson Hill neighborhood does not currently contain any apartment complexes. There are
   complexes in adjacent neighborhoods, such as the Muskegon Townhouse and Oakwood Village
   developments in the Marquette neighborhood, and the Cogic Village development in Angell
   neighborhood. The subject property is located on the opposite side of the Jackson Hill
   neighborhood from any of these existing multi-family developments.


ORDINANCE EXCERPTS
                         ARTICLE VI - RT TWO FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

The RT Two Family Residential Districts are designed to be compatible with one (I) family residential densities, and to
be located along major thoroughfares so as to provide transition between the thoroughfare and one (I) family district.
The RT zones of transition between higher density RM and MHP Districts, or nonresidential districts, and low density
one (I) family residential districts.

SECTION 600: PRINCIPAL USES PERMITTED

In an RT Two Family Residential District no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one ( 1) or more of the following specified uses, unless otherwise provided in this
Ordinance:

I.       One and two family detached dwellings.

2.       Municipal, county, state, or federal buildings or properties of public service types, not including storage yards,
         warehouses, or garages, provided that no such building shall be located less than thirty (30) feet from any other
         lot in a residential district.

3.       Cemeteries adjacent to, or an extension of, existing cemeteries.

4.       Home Occupations of an nonindustrial nature may be permitted subject to the following:



5.       Congregate living facility for not more than four persons, provided that such facility shall be at least one
         thousand five hundred (1,500) feet from any other similar facility.

6.       Accessmy buildings and accessory uses customarily incidental to the above Principal Uses Permitted.



City of Muskegon Planning Commission - 1/10/02                                                                           2
7.      Uses similar to the above Principal Uses Permitted.

SECTION 601: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Plarming Commission, after Public
Hearing, subject to the applicable conditions and any other reasonable conditions imposed by the Planning
Commission.

I.      Accredited fraternity or sorority houses, when located not less than twenty (20) feet from any other lot in any
        R District.

2.      Access driveway or walk connecting premises in a B or M District with one or more public streets provided no
        part of such driveway shall be located at a distance greater than thirty (30) feet from any boundary line of any
        said districts nor at a distance Jess than ten (IO) feet of the side lot line of an adjoining lot, which lot is in any
        residential district, and provided that between such driveway and any such side lot line, but not within ten (10)
        feet of the front lot line, there shall be maintained a solid wall or front fence, or a compact evergreen hedge
        not less than five (5) feet high.
3.      Tourist homes having not more than two (2) guest rooms, provided the premises front on a sn·eet which is
        officially designated as a major thoroughfare or collector thoroughfare.

4.      The office of the resident physician, dentist, architect, engineer, attorney, or similar professional person when
        located within this dwelling, provided not more than one (I) person not a resident in said dwelling is employed
        in such office.

5.      Schools and colleges for academic instruction, provided that no principal building shall be located less than
        thirty (30) feet from any other lot in an R District.
6.      Private noncommercial recreation areas, institutional or community recreation centers provided that any
        principal building used therefor shall be located not less than thirty (30) feet from any other lot in any R
        District, subject to provisions of Section 401 - I (a through f).

7.      Churches and other facilities normally incidental thereto subject to the following conditions:



8.      Congregate living facility for not more than six persons provided that such facility shall be at least one
        thousand five hundred (1,500) feet from any other similar facility.

9.      Previously existing or established commercial uses not already converted to a residential use may be
        authorized under Special Use Permit for the following [amended 12/99]:



10.     Accessory buildings and accessory uses customarily incidental to the above Special Land Use Permitted.

11.     Uses similar to the above Special Land Uses Permitted.

12.     Restricted parking areas subject to provisions of Section 2327(1).

SECTION 602: PLANNED UNIT DEVELOPMENTS




City of Muskegon Planning Commission - 1/10/02                                                                              3
SECTION 603: AREA AND BULK REQUIREMENTS [amended 4/00]




                             ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS

PREAMBLE

The B-4 General Business District is designed to provide for a wide variety of business activities including automotive
services and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3 Business Districts, Placement
along presently developed major traffic a1teries prevents the conflict of traffic and pedestrian movement since the
General Business District is characterized by a minimum of pedestrian flow. The B-4 General Business Districts have
been located in areas designated on the adopted Land Use Plan,

SECTION 1300: PRINCIPAL USES PERMITTED

In the B-4 General Business District, no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (1) or more of the following specified uses, unless otherwise providing in this
Ordinance:
1,      Veterinarian clinics, without outdoor kennels.

2,      Bus passenger stations.

3.      Stores selling second hand merchandise.

4,      Funeral homes.

5,      Automobile car wash, when completely enclosed in a building.

6.      Auto service stations for the sale of gasoline, oil, and accessories, subject to the following:



7,      Self service laundry and dry cleaning establishments.

8,      Amusement, ente1tainment, and recreational, including bowling alleys and skating rinks.

9,      Storage of non-hazardous and non-toxic materials or goods provided such storage is within a building or is
        enclosed as not to be visible to the public from any abutting residential district or public street

10.     Theaters, when completely enclosed,

1L      Banks, with or without drive-in facilities,

12,     Restaurants and cocktails lounges,

13,     Motels and hotels.

14,     Residential uses as part of a building in this business zone shall be allowed upon issuance of a Certificate of
        Occupancy from the Department of Inspections, but provided that the minimum lot area requirements of the
        RM-3 District are met

15.     Assembly of small parts provided that there shall be no machining, painting, cutting, grinding, or welding of
        parts.


City of Muskegon Planning Commission - 1/10/02                                                                       4
16.     Principal Use as permitted in B-2 Districts.

17.     Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.

18.     Uses similar to the above Principal Uses Permitted.

SECTION 130 I: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission. A site plan shall not be required when there is no change to buildings or existing facilities.

I.      Sales space for the sale of new and used automobiles, house trailers, travel trailers, and recreational vehicles,
        subject to the following.



2.      Flea markets and auctions.

3.       Business in the character of a drive-in restaurant or open front store, subject to the following:



4.      Outdoor recreational space for amusement parks, miniature golf courses, and other outdoor recreation
        activities subject to the following:



5.      Outdoor theaters subject to the following conditions:



6.      Private clubs, lodges, social and similar facilities.

7.      Churches and other facilities normally incidental thereto subject to the following conditions:



8.      Commercial Kennels.

9.      Mini Storage (warehouse facilities); (amended 10/98)



10.     Accessory uses and accessory buildings customarily incidental to the above Special Land Uses Permitted.

11.      Uses similar to the above Special Land Uses Permitted.

12.     Non-accessory signs provided that the signs conform to Section 2308 (I) (f) of this code.

SECTION 1302: PLANNED UNIT DEVELOPMENTS




City of Muskegon Planning Commission - 1/10/02                                                                          5
SECTION 1303: AREA AND BULK REQUIREMENTS [amended 4/00]




          ARTICLE VII - RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS

PREAMBLE

The RM-I Low Density Multiple Family Residential Districts are designed to provide sites for multiple family dwelling
structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and the
lower density One Family and Two Family Residential Districts, and MHP Mobile Home Park Districts.

SECTION 700: PRINCIPAL USES PERMITTED

In an RM-I Low Density Multiple Family Residential District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (I) or more of the following specified uses, unless otherwise
provided for in this Ordinance:

I.       All Principal Uses Permitted in the R One Family and RT Two Family Residential Districts with the lot area,
         yard, and floor area requirements for one (I) and two (2) family dwellings equal to at least the requirements of
         the immediately abutting residential district.

2.       Multiple dwellings and row houses for any number of families.

3.       Accredited fraternity and sorority houses when located not less than twenty (20) feet from any other lot in any
         residential district.

4.       Tourist homes having not more than two (2) guest rooms provided the premises fronts on a sn·eet which is
         officially designated as a major thoroughfare or collector thoroughfare.

5.       Rooming houses with a capacity of not more than three (3) roomers.

6.       Churches and other facilities normally incidental hereto subject to the following conditions:



7.       Home occupations of a nonindustrial nature may be permitted subject to the following:



8.       Congregate living facility for not more than six persons, provided that such facility shall be at least one
         thousand five hundred (1,500) feet from any other similar facility.

9.       Adult foster care facility for not more than six persons.

10.      Accessory buildings and accessory uses customarily incidental to the above Principal Permitted Uses.

11.      Uses similar to the above Principal Permitted Uses.

SECTION 701: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section
2332 after review and approval of the use (and a site plan, ifrequired) by the Planning Commission, after Public



City of Muskegon Planning Commission - 1/10/02                                                                            6
Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the Planning
Commission:

1.      Offices and clinics of physicians, dentists, architects, engineers, attorneys, accountants, real estate appraisers,
        or other professional persons; real estate, insurance, credit service (other than loan) offices and similar
        businesses supplying services instead of products when determined by the Planning Commission upon
        application to it, to be consistent with the nature and condition of neighboring uses and structures.

2.      Buildings to be used exclusively to house the offices of civic, religious or charitable organizations, the
        activities of which are conducted by mail, and which are not displaying or handling merchandise or rendering
        service on the premises.

3.      Schools and colleges not involving the use of mechanical equipment except such as is customarily found in
        dwellings or professional offices provided that any such building shall be located not less than thirty (30) feet
        from any other lot in any residential district.

4.      The office of a resident physician, dentist, architect, engineer, attorney, or similar professional person when
        located within his dwelling, provided that not more than one (I) person not a resident in said dwelling is
        employed in such offices.

5.      Hospitals, sanitariums, and convalescent or nursing homes.

6.      Previously existing or established commercial uses not already converted to a residential use may be
        authorized under Special Use Permit for the following [amended 12/99]:

7.      Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.

8.      Uses similar to the above Special Land Uses Permitted.

9.      Restricted parking areas subject to provision of Section 2327.1.

SECTION 702: PLANNED UNIT DEVELOPMENT




SECTION 703: AREA AND BULK REQUIREMENTS [amended 4/00]




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

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

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

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

City of Muskegon Planning Commission - 1/10/02                                                                           7
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
   surrounding property.

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

6. Are there any significant negative environmental impacts which would reasonably occur if
   the petitioned zoning change and resulting allowed structures were built such as:
               a.     Surface water drainage problems
               b.     Waste water disposal problems
               c.     Adverse effect on surface or subsurface water quality
               d.     The loss of valuable natural resources such as forest, wetland, historic
                      sites, or wildlife areas.




City of Muskegon Planning Commission - 1/10/02                                                  8
                      COMMISSION MEETING DATE: January 22, 2002

TO:            Honorable Mayor and City Commissioners

FROM:          Civil Service

DATE:          January 11, 2002

RE:            Seasonal & Temporary Services Provider


SUMMARY OF REQUEST:

Approval of provider contract for seasonal and temporary employment services.

        RFP solicitation resulted in three proposals, which were due December 4, 2001.
        Proposals were received from:

               Kelly Services, Inc.; 17088 Robbins Rd., Suite B; Grand Haven Ml 49417

               MANPOWER; 20 West Muskegon Avenue; Muskegon, Ml 49440-1317

               WISE Services, Inc.; 600 Beacon Blvd., Suite C; Grand Haven, Ml 49417

        A committee consisting of managers and users reviewed proposals and interviewed
        bidder representatives. While Kelly Services was the low bidder, the decision to was not
        made exclusively on that factor. Overall, Kelly Services presented the most desirable
        package in terms of flexibility, responsiveness, hiring and orientation process,
        references, and commitment to equal employment opportunity.

FINANCIAL IMPACT:

Seasonal and temporary services are projected to cost approximately $550,000 during 2002.

BUDGET ACTION REQUIRED:

Financial resources are allocated in the 2002 budget.

STAFF RECOMMENDATION:

Staff recommends adopting the committee's decision to award the seasonal and temporary
services contract to Kelly Services, Inc.

COMMITTEE RECOMMENDATION:

The committee is recommending Kelly Services, Inc., be awarded the contract.
    TO:            Mayor Warmington and City Commissioners

    FROM:          Karen Scholle, Civil Service Personnel Director

    DATE:          January 14, 2002

    RE:            Summary of Seasonal and Temporary Services Provider RFP Process


    The RFP was prepared and mailed to five area employment services providers:

            Kelly Services, Inc.; 17088 Robbins Rd., Suite. B; Grand Haven, Ml 49417
            Labor Ready; 563 W Western Avenue; Muskegon, Ml 49440
            MANPOWER; 20 W Muskegon Avenue; Muskegon, Ml 49440
            OfficeTeam; 348 Waverly Rd., Suite 2B; Holland, Ml 49423
            Spherion; 349 W Webster Avenue; Muskegon, Ml 49440

    The two RFP public notices placed in The Muskegon Chronicle by the City Clerk's office, as
    required, yielded one request for a bid package from:

            WISE Services, Inc.; 600 Beacon Blvd., Suite C; Grand Haven, Ml 49417

    The bids were due at 2:00 p.m. on Tuesday, December 4, 2001 in the City Clerk's office.
    Bids were received from:

            Kelly Services, Inc.
'           MANPOWER
            WISE Services, Inc.

    A summary sheet and copies of the bidder proposal sheets are attached.

    Available members of the Bid Review Committee (Pat Bice, Public Works Administrative
    Office Supervisor; Ric Scott; Lee Slaughter; and Karen Scholle, Civil Service Personnel
    Director) met on December 5 and reviewed the bid proposals. In order to refine issues, it
    was decided to interview representatives from each of the contending organizations .
                                                                     .,

    Bidder interviews were held on December 14, 2001. In attendance were Pat Bice; Terees
    Williams, Public Works Clerk; Ric Scott; Tim Paul; Bernadette Young; Lee Slaughter; and
    Karen Scholle.

    Available committee members met for a final time on January 3, 2002. Discussion focused
    on factors such as bidder flexibility, particularly in working with City supervisors;
    responsiveness to City requirements; coordination of the hiring and orientation process;
    reference information obtained on bidders; and depth of commitment to equal employment
    opportunity-in addition to bid quotations. As a result, the committee recommends that the
    seasonal and temporary services provider contract be awarded to Kelly Services, Inc.
                                        -                  2001 TEMPORARY SERVICES BIDDERS' PROPOSAL COMPARISONS


___ _ Bidder           i Local Office
                                            - ---t
                                             Hiring Process I
                                                                        B•i~~~nd - ..
                                                                         Available __ ___ I
                                                                                           i   Drug Screen
                                                                                                Included?
                                                                                                                            Training
                                                                                                                            Provided
                                                                                                                                                   Eq~::.nt
                                                                                                                                                   Included?
                                                                                                                                                                              Employee
                                                                                                                                                                            Benefits
                                                                                                                                                                                             -t--
                                                                                                                                                                                              'EEO/AA :
                                                                                                                                                                                                            1      City Referral
                                                                                                                                                                                                                        Rate
                                                                                                                                                                                                                                              Bidder
                                                                                                                                                                                                                                              Referral
                                                                                                                                                                                                                                                  Rate
-~lly Seiyices ___     · Grand Haven;          ~ly & Qualify I            Criminal history·      Yes. 5-oanel                 Orientation            Safecy- ~lasses 31st day of emploV111ent      Yes I                       125%J                    131.90%
                                                     Interview I             Credit check                                         Safety             leather gloves                                    I
                     -- ---                        Evaluations I      Motor vehicle record:                                    Additional         Hearing protection                                   I
                              · ··                  Orientation I        Social Security # I                                                             Saf~vest i                                         1                          f
                                                    Ass..!9_nment!              Education                                                                 Rain gear
                                                                                       1-9                                                                Hard hats
t-
                                                                                Additionall
  -- -- - - - - - ~ - - - - - - - - - i - - - - - - - ~ - - - - - - 1 - - - - - - - 1 - - - - - - - j - - - - - - - - , - - - + - - - - - - t - - - - - - - l
                                                                                                                                                                       I   After30daysofwork;:
 MANPOWER                 ----~ti~-~!!.: ... ___ , ____ Aoolication                     1-9:     Yes, 5:panel I               Orientation                Hard hats     1
                                                                                                                                                                           1st day of next month1     Yesl129.5-134%, 156%• -134-137%, 156%..
                                      __________ --~ ··- lntervi~     Emi: lovment historv:           __ ____ _____ ,____          Safety            Safeiv • lasses
                                                         Testing              Work historyi                         [             Qualih.             Work Qloves                                •          I
                                         : __one~tati~~~I1~r--        trirriinarJi~~~~l           _              _i            Ad~_~t!~~~-
                                                                                                                                          1
                                                                                                                                                ·2MANPOwfff~iT:t--                 _______. ___ ;--        _j__    -- ----     -·--·----~------           ----·-

                                     -~~--- - -- -----~-~~~ i-----------~£~!2-:1~!             - ~=-~~~-- ____                                         Rai~!!..~L--
                                                                                                                                                                       I
                                                                                                                                                                                                      __ ··-· __ ____ _
                                                                                                                                                                                                                156%= Beach Maintenance Wcrter
                                                                                                                                                                                                                                              _____ _
1.-.c                    .                  . .                                                                                                                        '                         I                                     I

~ISEServices, 11:ic_.··Gianci"_Haven__. _____      AQQlication! 3businessreferences                           Yes              Orienation                       Yes        After90d,iVSofworkl        Yes                      128%    1
                                                                                                                                                                                                                                                          131%
                                                     Interview; 2 oersonal references                                              Safetvi                             1                                                               :



                  - - -                     __         Testing'       Criminal histor.                                         Additional!                                                                                             i                           1
                                         Backoround Check. I                Additional                                                    :                                                                                            1
                                      ·:A;;;:Jicant Evaluation                                                                              ,
         · ·-- ··                                  Orientatioaj                                                                             1                                                                                  _ _   J                             1
                                                  Assignment I                                                                                                                                           -,                          J
                                        CITY OF MUSKEGON

                                         Request for Proposals


The City of Muskegon is requesting sealed proposals for a temporary employment services
provider.

Due Date:                Tuesday, December4,2001
                         2:00 p.m. (EST) at the office of the City Clerk
                         City of Muskegon
                         933 Terrace Street, Room 109
                         P. 0. Box 536
                         Muskegon, Ml 49443-0536

Format:                  Bidders must quote on the attached Quotation Summary form and return
                         the entire Quotation Request in tact.

                         All costs must be included in the rates quoted on the Quotation Summary
                         page.

                         Quotations must be sealed and marked "Temporary Employment
                         Services Quotation" in the lower right-hand corner of the envelope.

                         The bidder's name and address must appear on the outside of the
                         envelope.

                         No late quotations will be accepted.

                         Vendors submitting quotations will be notified of the quotation results.

Opening:                 An internal selection committee will review the RFP responses. Proposals
                         will be evaluated on the quality of the proposal, estimated costs,
                         experience in the industry, and compliance with terms. Any bidder
                         submitting a proposal may be required to make an oral presentation of their
                         proposal.

Right to Reject:         The City reserves the right to accept or reject any or all proposals, waive
                         any irregularities therein, and to award the contract to other than the low
                         bidder.

            Proposals must be prepared according to the attached specifications.


The City operates on an equal opportunity/affirmative action basis in its quoting policy (Title VII, Civil Rights
 Act of 1964, Equal Opportunity Clause, Executive Order 11246, Chapter 60, Subpart A, 60 - 1.4, Revised
  Order No. 4). Quoting is open to all interested parties, in compliance with national, state, and local laws.
                                  REQUEST FOR PROPOSALS

                   Qualifications of Temporary Employment Services Provider


Contract Period:       The contract will be for a period of three years, beginning January 1, 2002
                       through December 31, 2004, with the option to renew on a yearly basis, if
                       agreed upon by both parties.

Temporary service providers shall submit a company resume indicating, but not limited to, the
following:

1. Business name, address, etc., including licensing information.

2. Names of contact persons, how to reach them, and their relevant experience/background.

3. Number of years in the temporary services business as well as size and structure of the
   organization, including evidence that the bidder has the resources available to provide
   temporary services as needed by the City. Also, please indicate turnaround time required for
   filling job orders.

4. A description of time keeping and invoicing practices, as well as payment terms.

5. A description of your pre-employment process, including:
   a) Applicant credentials required for employment.
   b) Background checks performed, if any.
   c) Type of physical exam performed, if any.
   d) Drug screening performed, if any.
   e) Description of safety training program, if any.

6. Proof of compliance with EEOC guidelines by submission of appropriate testing and selection
   criteria, a copy of the bidder's latest EEO-1 report, and an affirmative action program
   statement/plan.

7. Certificate of Insurance showing proof of workers' compensation insurance and general
   liability insurance, which names the City of Muskegon as additional insured in an amount not
   less than $1,000,000.

8. Three business references, including contract names and phone numbers, for which you have
   provided larger-scale temporary employment services (50 or more temporary workers).

Please address questions concerning the RFP to:      Karen Scholle
                                                     Civil Service Personnel Director
                                                     City of Muskegon
                                                     933 Terrace Street
                                                     Muskegon, Ml 49443-0536
                                                     Telephone (231) 724-6719
                                                     Fax (231) 724-4405
                                                     E-mail karen.scholle@postman.org
                                        QUOTATION SUMMARY

The City of Muskegon is seeking bids for temporary employment services on an "as-needed"
basis for the following job classifications Uob descriptions are attached):

                                                          City Referral:      Bidder Referral:
                                                            % of Entry          % of Entry
        Classification                                   Level Hourly Rate*   Level Hourly Rate**

1.      Account Clerk
        (25 requisitions in 2001)
        (21 requisitions in 2000)
        (15 requisitions in 1999)

2.      Administrative Secretary
        (11 requisitions in 2001)
        (10 requisitions in 2000)
        ( 3 requisitions in 1999)

The City of Muskegon also is seeking bids for temporary employment services for summer help
for the following job classifications Uob descriptions are attached):

                                                         City Referral:       Bidder Referral:
                                                            % of Entry          % of Entry
        Classification                                   Level Hourly Rate*   Level Hourly Rate**


1.      Seasonal Laborer
        (1 O positions in 2001; 7 positions in 2000)

2.      Seasonal Maintenance Worker
        (38 positions in 2001; 42 positions in 2000)

2.      Seasonal Leisure Services Maintenance
        Worker
        (3 positions in 2001; 4 positions in 2000)

4.      Seasonal Beach Maintenance Worker
        (1 position in 2000; 1 position in 2001)

Bids also are sought for classifications not listed above. Bids should be expressed as a
percentage of the City's entry-level hourly rate for a classification.

1.      Where the City refers a candidate to
        the vendor for employment:

2.      Where the bidder provides an employee
        through its own resources:

•city identifies and refers an employee to the bidder for employment.
.. Bidder provides an employee through its own resources.
                                  CITY OF MUSKEGON


                            Temporary Services Usage 1998-2001




            1998                    1999              2000           2001YTD


Office:
            $203,059               $76,362           $ 72,116        $ 59,185
            Not Available          18 job orders     31 job orders   36 job orders


Seasonal:
            N/A                    N/A               $406,469        $418,794
                                                     54 positions    52 positions


TOTALS:
            $203,059              $76,362            $478,585        $477,979
                                  CERTIFICATION OF QUOTATION


        I certify that this quote is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a quotation for the same materials, supplies,
equipment, or service.
        I certify that this quote meets or exceeds all of the specifications contained herein, and is
in all respects fair and without collusion or fraud.
        I understand collusive quoting is a violation of state and federal law and can result in fines,
prison sentences, and civil damage awards.
        I agree to abide by all conditions of this quotation and certify that I am authorized to sign
for the bidder.


Bidder Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


Address,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __




Signature._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


Printed Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


Title, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


Date Certified,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                           CITY OF MUSKEGON
                          TEMPORARY SERVICES
                            JOB DESCRIPTION

TITLE:    ACCOUNT CLERK
General Summary:
Under the supervision of a higher level employee, prepares
statements of payments for water and sewer service, receives
requests for services, provides information on account status and
resolves complaints and problems.     Or, performs a variety of
account keeping tasks for a department involving collection of
fees, posting of transactions and recording of departmental costs
and payroll.
Typical Duties:
1.   In the Water and Sewer Billing Office;
     a.   Processes applications for the establishment of new water
          and sewer service accounts.
     b.   Updates water and sewer accounts to reflect changes in
          customer name or meter number.
     c.   Receives cash payments and makes change, as necessary.
     d.   Assists in balancing daily cash receipts to bills paid.
          Assists in preparing daily cash receipt sheet, bank
          deposit and cash drawer for the following day.
     e.   As necessary, locates billing discrepancies and prepares
          account adjustments.
     f.   Records and relays to water and sewer crew requests to
          reread meters, install remote readers, repair leaks and
          turn service on and off. - Prepares work orders.
     g.   Receives complaints and requests for information from
          irate or disturbed customers. Checks billing history
          and service records. Explains departmental practices
          and clarifies billings.
     h.   Operates a computer terminal to maintain or update water
          consumption records, customer information and payments
          received.
     i.   Receives and verifies billings prior to mailing, makes
          corrections and last-minute changes as necessary, and
          mails bills to customers.
     j.   Performs other related duties as assigned.
ACCOUNT CLERK    - Page #2
2.   In a departmental administrative office;
     a.   Participates in the collection of monies due the city
          for taxes, services, fees and other accounts receivable,
          both over-the-counter and by mail. Issues receipts and
          posts transactions to accounts.
     b.   Provides assistance, both over-the-counter and by phone,
          to persons concerned about taxes, billings, payments, and
          departmental procedures. Provides information or refers
          caller to a higher level employee.
     c.   Receives cash payments and makes change, as necessary.
     d.   Assists in balancing daily cash receipts to bills paid.
          Assists in preparing daily cash receipt sheet, bank
          deposit and cash drawer for the following day.
     e.   Posts daily receipts, warrants, and various journal
          entries to the ledger.
     f.   Compiles and calculates data for various periodic
          financial reports and account records.
     g.   Enters various departmental operating costs on book-
          keeping machine, such as vehicle and equipment costs,
          purchases, warehouse orders and gasoline.
     h.   Maintains special assessment records, prepares and mails
          statements, computes interest and posts interest and
          principal payments to accounts.
     i.   Compiles information for biweekly departmental payroll,
          verifies time cards and prepares time sheets for sub-
          mtssion to the City payroll office.
     j.   Types and processes records, statements, permits and
          correspondence as required.
     k.   May operate a two-way radio or serve as relief operator
          at a switchboard.
     1.   Performs other related duties as assi9ned.
The above statements are intended to describe the general nature
and level of work being performed by people assigned this
classification. They are not to be construed as an exhaustive list
of all job duties performed by personnel so classified.
.

                               CITY OP HUSKBGO!f
                              TEMPORARY SERVICES
                                JOB DESCRIPTION

     TITLE:    ADMINISTRATIVE SECRETARY
     General Summary:
    Under the supervision of the Department Director or other
    Administrators, performs a variety of duties utilizing secretarial
    and clerical skills necessary to ensure the smooth flow of
    operations within the department.          An employee in this
    classification must maintain a high degree of confidentiality and
    be able to exercise discretion in the handling of sensitive
    information.
    Typical Duties:
    An employee in this classification may perform any or all of the
    following duties:
    1.     Schedules appointments for Department Director and/or support
            staff.
    2.    Hay serve as liaison with Department Director, office staff,
          other City employees, and/or the general public.
    3.    Routes mail, telephone calls, and visitors to the appropriate
          personnel or handles requests for information independently.
    4.    Prepares agendas, may compile and distribute materials per
          agenda as well as taking and transcribing meeting minutes.
    5.    Prepares and processes correspondence, records, documents,
          reports, statements, billing, and permits.
    6.    Orders supplies and equipment and maintains departmental
          inventory,, Hay be required to process purchase orders when
          necessary.
    7.    Delegates work assignments to clerical support staff.    Acts
          as coordinator in resolving clerical tasks.
    8.    Maintains active files in department for personnel with
          regards to evaluations, leave accruals, disciplinary actions,
          or grievance procedures, and compiles data, re: seniority
          lists, E.E.O. Reports, employment eligibility lists, etc.
    9.    May need to make travel arrangements for City management staff
          as well as schedule City automobiles for out-of-town travel.
    10.   May be required to prepare documents and/or reports using a
          P.C. or a word processor.
ADMINISTRATIVE SECRETARY - Page 12
Typical Duties (continued)
11.   Compiles information for bi-weekly departmental payroll,
      verifies time cards and prepares time sheets for the sub-
      mission to the Finance Department; verifies payroll and
      personnel records.
12.   Compiles and calculates data for various personnel reports,
      financial reports, account records, and budget projection.
13.   Follows up on complaints, correspondence, and transactions
      involving deadlines and expiration dates.
14.   Other related duties as assigned.
The above statements are intended to describe the general nature
and level of work being performed by people assigned this
classification. They are not to be construed as an exhaustive list
of all job duties performed by personnel so classified.
                          City of Muskegon
                               JOB DESCRIPTION


 TITLE:   LABORER (Seasonal)


General Summary:

Under the direction of a Leisure Services Department Supervisor,
performs a variety of unskilled manual tasks in the maintenance of
City Leisure Services Facilities.


Typical Duties:

 1.   Cleans restrooms.

 2. - Prepares softball and baseball fields.

 3.   Cuts grass using a power mower and trimmer.

 4.   Waters grass using hoses and sprinklers.

 5.   Trims brush where needed.

 6.   Picks up fallen limbs and twigs.

 7.   Collects litter.

 8.   Rakes leaves with hand and power implements.

 9.   Paints and/or prepares surfaces for painting.

10.   May be assigned to assist Cemetery and/or Park Maintenance
      Workers.

11.   Practices preventive maintenance on power and hand tools.

12.   Performs other related duties as assigned.


The above statements are intended to describe the general nature and
level of work being performed by people assigned this classification.
They are not to be construed as an exhaustive list of all job duties
performed by personnel so classified.


Employment Qualifications:

      Education:  Work requires a level of knowledge of reading,
      writing, and arithmetic below that normally attained in high
      school graduation.
LABORER (Seasonal) - Page #2


     Experience:  This is an entry level classification; no specific
     prior experience is required.  Five months break-in period.

     Necessary Special Requirements: Physical strength and agility
     sufficient to pull and push a lawn mower; lift and carry twigs,
     trash, lawn sprinklers, picnic tables, and hoses. Possession
     of a valid Michigan motor vehicle operator's license.

The qualifications listed above are guidelines. Other combinations
of education and experience which could provide the necessary
knowledges, skills, and abilities to perform the job should be
considered.


Job descriptions are official records which indicate seniority groupings,
primary functions, tools and equipment of various jobs. They are
not absolutely controlling upon the assignment of work, nor do they
spell out accurately or completely all the duties and responsibilities
of a job. Their function is to identify jobs for purposes of wage
determination and provide a permanent record of the ratings applied
and the principal characteristics of the job.
                          City of Muskegon
                              JOB DESCRIPTION

TITLE:   MAINTENANCE PERSON (Seasonal)


General Summary:

Under the direction of the Cemetery or Park Supervisor, performs a
variety of unskilled manual tasks in the maintenance of City cemetery
and park grounds and buildings.


Typical Duties:

 1.   Cuts grass using a power mower and trimmer.

 2. _ Waters grass using hoses and sprinklers.

 3.   Picks up fallen limbs and twigs.

 4.   Trims brush where needed.

 5.   Collects litter.

 6.   Rakes leaves with hand and power implements.

 7.   Prepares softball and baseball fields.

 8.   Cleans restrooms.

 9.   Practices preventive maintenance on power and hand tools.

10.   Paints.

11.   May be assigned to drive up to 3/4 ton city trucks for the
      purpose of transporting tools, equipment, and personnel.

12.                '
      May be assigned to assist Cemetery and/or Park Maintenance
      Workers.

13.   Performs other related duties as assigned.

The above statements are intended to describe the general nature and
level of work being performed by people assigned this classification.
They are not to be construed as an exhaustive list of all job duties
performed by personnel so classified.

Employment Qualifications:

      Education:  Work requires a level of knowledge of reading,
      writing, and arithmetic below that normally attained in high
      school graduation.

      Experience: This is an entry level classification; no specific
      prior experience is required.  Three months break-in period.
                               City of Muskegon

                  Leisure Services Maintenance Worker (Seasonal)

General Summary:

Under the supervision of the Park Maintenance Supervisor, performs a variety of
maintenance or construction tasks which often require physical strength and
effort and a relatively low level of complexity and responsibility. Operates various
hand and power tools and small pieces of equipment to pertorm activities.

Typical Duties:

An employee in this classification pertorms several of the fQllowing duties:

1. Performs a variety of unskilled and semi-skilled duties to assist in the
   construction, repair and maintenance of city-owned and operated parks,
   campgrounds, marina, beach and various other parks and recreation related
   grounds, facilities and equipment.

2. Mows and trims grass, trees and shrubs on all City grounds and parks, using
   various hand and power tools and mowers. Seeds and fertilizes grass areas,
   weeds flower and shrub areas. Rakes and hauls leaves using rakes and leaf
   blowers, moves dirt and rocks as instructed.

3. Utilizes various basic carpentry and mechanical skills in the construction of
   new, and restoration and maintenance of existing park buildings, facilities and
   related equipment.

4. Assists in the routine maintenance of the various building mechanical
   systems, repairing and/or replacing pumps and motors, changing belts, filters
   and lubricating various moving parts.
                  '
5. Assists in the inspection of various related Parks and Recreation Department
   buildings and facilities, monitoring conditions, noting needed repairs and
   maintenance. Performs various maintenance tasks such as minor equipment
   repairs, repairs and/or replaces locks, replaces light bulbs and fluorescent
   fix1ures.

6. Participates in the clean-up of work projects, filling and excavating ditches,
   laying sod and removing any ex1ra dirt and materials.

7. Picks up litter from rights-of way, parks and other city-owned grounds.

8. Cleans shelters and restrooms of park facilities, replenishing supplies and
   making minor repairs as necessary.
9. Prepares ball diamonds for use, mowing grass, dragging infield to level and
   lining foul lines and batter boxes.

10. Removes snow from around related Parks and Recreation Department
    facilities in winter, plowing parking lots and opening sidewalks to keep cement
    and pavement free from ice.

11. Operates small utility and dump truck to transport necessary materials, loads
    and unloads vehicles with a variety of equipment, tools and materials to be
    used for maintenance, repair and construction activities.

12. Performs both minor repairs and routine maintenance on equipment such as
    tune-ups, greasing, oiling, sharpening mower blades, etc., as assigned on a
    periodic basis.

13. Maintains records of equipment and supplies used during work assignments
    preparing daily time slips.

14. May operate vehicle, serving as courier, running errands, obtaining or
    delivering various materials and/or information.

15. May be required to take courses and attend workshops for training purposes.

16. May perform other related maintenance duties in a training capacity or as
    necessary due to excessive work loads, temporary absences or emergencies.
    May operate other pieces of equipment in a learning capacity.

17. Performs other duties as assigned.

The above statements are intended to describe the general nature and level of
work being performed by people assigned this classification. They are not to be
construed as an exhaustive list of all job duties performed by personnel so
classified.

Employment Qualifications:

      Education: Possession of a high school diploma or its equivalent.

      Experience: A minimum of three to six months of general building
      maintenance construction and repair experience or equivalent. Six
      months break-in period.

      Necessary Special Requirements: Possession of a valid Michigan motor
      vehicle operator's license.

The qualifications listed above are guidelines. Other combinations of education
and experience which could provide the necessary knowledges, skills and
abilities to perform the job should be considered.
Job descriptions are official records which indicate seniority groupings, primary
functions, tools and equipment of various jobs. They are not absolutely
controlling upon the assignment of work, nor do they spell out accurately or
completely all the duties and responsibilities of a job. Their function is to identify
jobs for purposes of wage determination and provide a permanent record of the
ratings applies and the principal characteristics of the job.




O:civil\common\lsmwl job desc
                                        City of Muskegon
                                                  JOB DESCRIPTION


 TITLI ...




 Un(Je1-· tt1e supervision of the Park Supe1~vi!sor~ per·FcJrms a
 var·:i.F•ty u-F beach m;::1.intPnanc1-2~                     1·-c?pEiit· i::ind c:lE?i::1nir·rq              tasks.
 DtA·ties o·Fteri re(1ui1re physical strerigth at1d ef·F • r-t ar·1d a
 relatively lclw level • ·F co,11iJlexi·ty ancj responsibility.
 Operates clean·--tJp equip111er1t; var·ious hancl and r)c)wer tools
 rela·tive t1:1 s1nall ropair arid 1nainter1an!:e resp • r1sibilities~



Ar·, e111pl • yee in tt1is classi·fic:atior1 ger,er·ally rJer~ • rms tt1e
following cJL1ties:

 1. Perf • r·ms a variety of unskilled arid sen1i-skilled duties
    irivolving tt,e mair1tenance and clear1-1Jp o~ beacti areas and
    ·their ·Facilities~   Ir1volve~s tt·,e use of e11uif)fTler1t suct1 as
           ~jui····F 1•·i::\kE:'!,   tt-,:~ctc:ir· E1nd attE1c:hms~nt;~.:,    lL:i.:·~c:IC:-2t-   !I   i:~mr:il l   clump
           trucks,             ·Fork li·Ft, powei~ blcJwe1r e·tc:~

::::: ..   [jt·oom!::> bE•Eic:hE-?!:::. -E:ncl EUt'"t-ound:i.r·,1.:.:i arc.•a'.:"~;~i tni:IY involve~ SDfTII:-?
           sand distrit1uti • ri inv • lv:i.1·ig tt1e use • i: ec1uipme11t suet, as
           dump tt··u1:k              tr···actu1-- c~tc .

3 ..       Mows arid t1ri1n!; g1·ass, tr·eeia and shrlJtJs in beach areas,
           11sing var:i. • 1Js hand and power tools and mowers,,    Seeds and
           ~e1·tili2es grass areas, weecls ·Flower an~ shrub areas.
           Rahes and l-1auls leaves using rakes arid lea·F blowers, mo·,es
           di1·t and rocks as directed,,

4. Per·Fo1rms c1.tst • dial duties in and around public restrooms,
   such as repler1ishmer1t •~ supplie5;, callectir1(~ and hauling
   c::;_1 i:":\ r b ,::\ q ·0:,) •



5~         Utilizes var·ious basic car~)en·try arid 111ec:hanical skills iri
           the cor1struction C)~ r1ew, ancj existing park buildings
           an1J ·Facilities ·F • 1·· ~1,1ir~1oses o·f= restoration and
           niair1·ter1ance !5uct1 as lock and wirid!JW repair, painting etc.

6~         Pick~         iJp    litter +roni rigt1ts-oi=-·way                in and arou11d t1each
           f71t""E as.
                1




7. Per~orm!5 1t1ir11Jt· r·epair and v·outir1e 1naintenance or, equipn1er·1t
   involving tur1e--ups, greasir1g, 1Jilir1g, sharpening mower
   blades etc., as assigned or, a ~1erodic basis"

8.         May c1perate a vehicle, running errands, obtaining or
           deliverir1g various supplies arid/or materials.
u       1··,iE:i.Y pc:·1·.. +=(J?"·rn ut !·ier· :·. E::- l Ei.t:.E~d mEi.i. ntc:'n-:::,ncF: liut i c:-~:1 on 1-;1n
        nE•F clc;d
                1            bi::!!~:.i~:; duE: to r::>icc::;!::;iv1:::~ ,,,11::ir·f::         l(Ji.:1d!::,:,   tE·mpur··ar-y
        1~bsenses or e,no1rg0r1cies.                                          May operate additi1Jnal pieces of
        c:,quipmc:·nt EJ~:::. t::1i~;~:;:lq1··rc~c:!~




                                                      int:.E;'nclc-:~d to dE:·scr·ibF.• thE! 9enr:~r·al
··1·1·-·11:::1 :::1bci\/E~ !::;ti::itE:mcJ1·1t'.:; a1···1-2
                                                      bc·inq pE:•i--for·mE~d by p{-:-?oplE~ -E1'.~1s:.:i.qr ..,r:id
1·i.:::ttt.:.1. ·t-:; <:":\ncl lt-::~\/C•l r:::.-r i JD1···J.-:
                                                            1



"!::..1·1:f.~::. c:1a.~~;:::;:i.·Fic:dt:lt1n,, ·f"hE1 y a1···c, nut to he· con~5t:r1...1.E-::-d c:i;::i .·:.'.n
exhaL1stiv2 list o·F all .Job dutie!i ~Jet··Formed by per·s1Jnn2l ri •
C 1 ,·::i. 1::1 :::; i -F :i. E· cl ,,




EdL1cat_io0:                   P1Jssessi • r1 c,·F a t1i9h school                                dipl(1ma          t)r·     its
                               i::0q1.Jiv,::;i.Jp,1··1t :!_;:::. clE~sit~r:-d,,

F_):_p_;:_;v·1c!nc:;~\::          !''lus:;t be::~ t:£-::-~pr-:-1r···:i.(:!ncE'.c.l ir1 ·t.:hc-c> ClpE!r·t:,t.icJr\ u·l: t1··,::tctor1::; 11
                                  ·Fr·or1·t eJ1<J l • ilder·s, ar·id dump tr·ucksa

!\lc:•cE,!'.J ~:-<::~..t::. :{. L~_PPC:: i   E:i   1 F'.C!f"!U i r· c:mE• nt s:;::   F'c)~;!:~-F•!:,.~~- inn o+:          VE:l   l i ci
Mict1igar1 miJ·tor· vehicle or)erator's license.              M11st pos~;ess a
1:DL. d1'·ivirlg er·1d • rce111ent witt1:i.r1-30 day~; 01= ·Firs·t day • 0
12mp.l.uymentD

"ThE-:• quali·f:i.c,::it:i.cirls 1:i.E:ted abD\/E~ i).r···t? 1]Uit}E~linfC2s;K                                            Cithc~1-·
combinatiur1s o·F educat:ior1 arid ex~Jerience wt1ich c:ould provid~
thF.0 r1c-:-:•CE!!::;r-:;.:J.l"'·y knc,1,\1lt:::.·dqr:.0!:-:,;1         '.~~-kill~~--i::1rrcl ahil:i.tiE•!:-~. t:(J pE·r··fc_rt··m        t.t··rf.-t
job sl1011ld be considered.

J'ob cles(:1~iptic1r1s are oi=Ficial r·et:orc1s whic:t1 ir1d:icate
E;r:'niot·ity gt·oupin<~l~:;~                                   pr·:imat·y ·f=unc:tion:si,         tools .;:,nd equi1:ipm:::-;:nt
• ·f= va1rious job~i.             Tt1ey aFe r1 • t abscrlLttely cc1r1trcJlling upor1
tl··,p ,:;(!~.;sic.::,1nment D-f~ ~-,Jo1··k, nor· dD they f3pE!l l out ,.:i.ccut·a.tE~ly Dt·
co,1ipletely all tt1e d11ties and respor1sibilities o~ a job.
Their fur1cti • n is to identify jobs ·Fc)r purp1Jses o·F ~~age
                              pE-!r·manf.int 1··t..:.:ico1·-d o·F the 1··at.ings
dE~tE1 1··mirii::.,ticJn E1nd p1··c;vidt:-: a
applie1j and tt,e principal c:harac:tet·isti1:s o·f= ·the job.
KELLY
SERVICES




The City of Muskegon and
Kelly Services, Inc.
Request for Proposal
December 4, 2001




Kelly Services, Inc. considers this document, and any attached information or pricing information
submitted with it, confidential and proprietary information to Kelly, and provides it to your company for its
sole use. Access to this document should be restricted exclusively to authorized employees.




©2001 Kelly Services, Inc. Printed in the United States of America

Product names are trademarks of their respective companies.
                                      QUOTATION SUMMARY

 The City of Muskegon is seeking bids for temporary employment services on an "as-needed"
 basis for the following job classifications Uob descriptions are attached):

                                                             City Referral:       Bidder Referral:
                                                               % of Entry            % of Entry
      Classification                                       Level Hourly Rate•   Level Hourly Rate••


 1.   Account Clerk
      (25 requisitions in 2001)                                    125%               131 9%
      (21 requisitions in 2000)
      (15 requisitions in 1999)

2.    Administrative Secretary
      (11 requisitions in 2001)                                    125%               131.9%
      (10 requisitions in 2000)
      ( 3 requisitions in 1999)

The City of Muskegon also is seeking bids for temporary employment services for summer hel~
for the following job classifications Uob descriptions are attached}:

                                                             City Referral:      Bidder Referral:
                                                               % of Entry           % of Entry
      Classification                                       Level Hourly Rate•   Level Hourly Rate••


      Seasonal Laborer                                            125%               131.9%
      (10 positions in 2001; 7 positions in 2000)

2.    Seasonal Maintenance Worker                                 125'¾              131   9°10
      (38 positions in 2001; 42 positions in 2000)

3.    Seasonal Maintenance Worker                                 125°Lo             131.9°&
      (3 positions in 2001; 4 positions in 2000)

2.    Seasonal Maintenance Worker                                 125°&              131,9%
      (1 position in 2001; 1 position in 2000)


Bids also are sought for classifications not listed above. Bids should be expressed as a
percentage of the City's entry-level hourly rate for a classification.


1.    Where the city refers a candidate to                        125°,l,            131 9%
      The vendor for employment:

2.    Where the bidder provides an employee                       125%               131.9%
      through its own resources:


•city identifies and refers an employee to the bidder for employment.
.. Bidder provides an employee through its own resources.
                               CERTIFICATION OF QUOTATION


          I certify that this quote is made without prior understanding, agreement or connection with

 any corporation, firm, or person submitting a quotation for the same material, supplies,

equipment, or service.

          I certify that this quote meets or exceeds all of the specifications contained herein, and is

in all respects fair and without collusion or fraud.

          I understand collusive quoting is a violation of state and federal law and can result in

fines, prison sentences, and civil damage awards.

          I agree to abide by all conditions of this quotation and certify that I am authorized to sign

for the bidder.



Bidder Name       Kelly Services loc


Address           999   w Big Beaver Rd

                  Tro~l48084

Signature
            I
                12.~.;;;-
Printed Name      Paul Petersen


Title,_ _ _ __,_D"'isUJlru,ic.,t_.Mua'"•wa-,g.,ear________________________


Date Certified._,.o<.e!i!,.._,.r..,_,...,wz=h-,Lr_~i~,--'"d'--
                                                            . .>CDC'-'-'_
                                                                        -/ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Proposal For The
City Of Muskegon
December 4, 2001
                                            QUOTATION SUMMARY

    The City of Muskegon is seeking bids for temporary employment services on an "as-needed"
    basis for the following job classifications Gob descriptions are attached):

                                                              City Referral:      Bidder Referral:
                                                                % of Entry          % of Entry
            Classification                                   Level Hourly Rate*   Level Hourly Rate**

    1.      Account Clerk
            (25 requisitions in 2001)                            1.30                 1.345
            (21 requisitions in 2000)
            (15 requisitions in 1999)

    2.      Administrative Secretary                             1.295                1.34
            (11 requisitions in 2001)
            (10 requisitions in 2000)
            ( 3 requisitions in 1999)

    The City of Muskegon also is seeking bids for temporary employment services for summer help
    for the following job classifications Gob descriptions are attached):

                                                             City Referral:       Bidder Referral:
                                                                % of Entry          % of Entry
            Classification                                   Level Hourly Rate*   Level Hourly Rate**
)

    1.      Seasonal Laborer                                     1.34                 1.37
            (1 0 positions in 2001; 7 positions in 2000)

    2.      Seasonal Maintenance Worker                          1.33                 1.36
            (38 positions in 2001; 42 positions in 2000)

    3.      Seasonal Leisure Services Maintenance
            Worker                                               1. 33                1.36
            (3 positions in 2001; 4 positions in 2000)

    4.      Seasonal Beach Maintenance Worker                    1. 56                1.56
            {1 position in 2000; 1 position in 2001)

    Bids also are sought for classifications not listed above. Bids should be expressed as a
    percentage of the City's entry-level hourly rate for a classification.

    1.      Where the City refers a candidate to
            the vendor for employment:                           1. 32

    2.      Where the bidder provides an employee
            through its own resources:                                                1.35

    *City identifies and refers an employee to the bidder for employment.
    **Bidder provides an employee through its own resources.
    ***See attached Preferred Pricing sheet
                                      CERTIFICATION OF QUOTATION


            I certify that this quote is made without prior understanding, agreement, or connection with
    any corporation, firm, or person submitting a quotation for the same materials, supplies,
    equipment, or service.
            I certify that this quote meets or exceeds all of the specifications contained herein, and is
    in all respects fair and without collusion or fraud.
            I understand collusive quoting is a violation of state and federal law and can result in fines,
    prison sentences, and civil damage awards.
            I agree to abide by all conditions of this quotation and certify that I am authorized to sign
    for the bidder.



    Bidder Name       MANPOWER


    Address           20 W. Muskegon Avenue
)
                      Muskegon, Michigan        49440-1317


    Signature


    Printed Name      Annette W. Jack


    Title             District Mana er


    Date Certified    December 4, 2001




)
PROPOSAL PREPARED FOR:

THE CITY OF MUSKEGON
        Attention: Karen Scholle,
     Civil Service Personnel Director



  PROPOSAL REFERENCE: TEMPORARY
  EMPLOYMENT SERVICES QUOTATION

 PROPOSAL DUE: DECEMBER 4, 2001 @ 2:00PM




           SUBMITTED BY:

          WISE SERVICES, INC.
      600 S. BEACON BLVD., STE. C
        GRAND HA VEN, MI 49417
            TEL: (616) 842-2996
            FAX: (616) 842-2239
QUOTATION SUMMARY

The City of Muskegon is seeking bids for temporary employment services on an "as-needed"
basis for the following job classifications 0ob descriptions are attached):

    Classification                                  Citv Referral:   Overtime     Bidder Referral:   Overtime
                                                     %ofEnfN                        % ofEntN
                                                  Level Hourly Rate•             Level Hour Rate**

1 Account Clerk                                         28%             26%            31%             29%
  (25 requisitions in 2001)
  (21 requisitions in 2000)
  (15 requisitions in 1999)

2   Administrative Secretary
    (11 requisitions in 2001)
    (1 o requisitions in 2000)
    (2 requisitions in 1999)

The City of Muskegon also is seeking bids for temporary employment services for summer help
for the following job classifications Gob descriptions are attached):

    Classification                                  Citv Referral:   Overtime    Bidder Referral:    Overtime
                                                     % of Entr:t.                  %ofEntN
                                                  Level Hourly Rate*            Level Hour Rate**

1   Seasonal Laborer                                    28%             26%            31%            29%
    (10 positions in 2001; 7 positions in 2000)

2   Seasonal Maintenance Worker                         28%             26%            31%            29%
    (38 positions in 2001;
    42 positions in 2000)

3   Seasonal Leisure Services Maintenance               28%             26%            31%            29%
    Worker
    (3 positions in 2001; 4 positions in 2000)

4   Seasonal Beach Maintenance Worker                   28%             26%            31%            29%
    (1 position in 2000; 1 position in 2001)

Bids also are sought for classifications not listed above. Bids should be expressed as a
percentage of the City's entry-level hourly rate for a classification.

1   Where the City refers a candidate lo                28%             26%            31%            29%
    the vendor for employment

2   Where the bidder provides an employee               28%             26%            31%            29%
    through its own resources

*City identifies and refers an employee to the bidder for employment.
•• Bidder provides an employee through its own resources.
Addendum to Quotation Summary:


If required by the City of Muskegon, any other specialty, technical or professional job
orders will receive the following discounted rate: 10% flat rate.


Classifications:

Department Managers
Department Supervisors
Executives
Engineers


Percent of flat annual fee:

Ten (10) % discounted rate.
                                     CERTIFICATION OF QUOTATION


         I certify that this quote is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a quotation for the same materials, supplies,
equipment, or service.
         I certify that this quote meets or exceeds all of the specifications contained herein, and is
in all respects fair and without collusion or fraud.
         I understand collusive quoting is a violation of state and federal law and can result in fines,
prison sentences, and civil damage awards.
        I agree to abide by all conditions of this quotation and certify that I am authorized to sign
for the bidder.



Bidder Name._W.LL!,1=S,,,.E--=S=E=R.C..,,V-'--'l'-"C"-£-CC$'--'-'~I,,_N'-"-"'G-'-._ _ _ _ _ _ _ _ _ __




Signature,_,L_/{n-+4.,,_,{/"",_,J'-'-"'uk'.M""""'"-"jru""""'J-'------·_,_fl/=f=5_ _ _ _ _ _ _ _ _ __


Printed Name,_      _,AN-".!.:.W-"-'=~'-"-w"-'-A_,,_R.,,_,TD=UI_,___ _ _ _ _ _ _ _ _ _ _ __


Title   PRESIDENT

Date Certified, _   ___,,\)""E=.:C::..:c::...,t'-\_,.,,,~,.,,t:"-'R.=-3='-,_200-=--cc.cl'---------------
  SERVICES

                                           Service Agreement

The following serves as an elaboration of the agreement for contingent staffing between Kelly Services
Inc. and The City of Muskegon:

            Kelly Services will provide safety equipment mandated for its employees while on assignment
            at The City of Muskegon. The issue and expense of this equipment will be the responsibility
            of Kelly Services. Included equipment:
                             Hard Hats
                             Hearing protection
                             Safety Glasses
                             Steel Toed shoes/boots
                             Protective Gloves
                             Rain Poncho

            Kelly Services Inc. will perform drug screens on all non-clerical employees. Additionally,
            Kelly Services will perform applicable county criminal and driving record background checks
            on all employees assigned to The City of Muskegon. The fore-mentioned services will be
            performed at no charge. Additional driving record verification will be accomplished with the
            assistance of the City of Muskegon.

           End users for the City of Muskegon have the opportunity to review credentials and confirm
           the ability of the referred candidate's ability to accomplish the essential functions of position
           for which they will be assigned.

           For service deliverables, applicable waivers, insurance coverage and additional details,
                                                                      th
           please refer to Kelly Services' Proposal dated December 4 , 2001. The Proposal is
           incorporated into this Service Agreement. Certain provisions originally presented by Kelly
           with the proposal have been deleted, former1y found in the "Attachment 3". They include the
           "Motor Vehicle Driver Release and Indemnification", and the "Powered Vehicle Driver
           Release and Indemnification". A revised "Motor Vehicle Release", as negotiated by the
           parties, has been substituted and inserted as the new "Attachment 3".




Gail A. Kundinger, Clerk

February 22. 2002
Date




                                                                                                               I
  KELLY
   SERVICES



                     Revised Motor Vehicle Driver Release


To:       City of Muskegon
          933 Terrace Street
          PO Box536
          Muskegon, Ml 49443-0536

From: Kelly Services, Inc.
      999 W. Big Beaver Rd.
      Troy, Ml 48084

For your protection, and in order to provide you with better service, all of the Kelly
temporary employees assigned to you are covered under our Workers'
Compensation policy, our Fidelity Bond policy to the extent of $3,000,000 and
also under our Liability and Property Damage policy to the extent of $16,000,000.

However, our rates for service do not include, nor can we accept responsibility
for obtaining primary vehicular liability or physical damage insurance protecting
against accidents which might occur as a result of Kelly employees driving
licensed vehicles (owned or non-owned) while said employees are on
assignment to you.

It is our understanding that your vehicular insurance will be primary insurance for
both you and us in the event of any claims arising as stated above, and that your
limits of liability are not less than $1,000,000/$2,000,000 Bodily Injury and
$1,000,000 Property Damage. The said insurance coverage shall only apply if
the City or Kelly is determined to be liable as the result of an occurrence caused
by the Kelly employee driving a City vehicle or his/her own vehicle in the course
of his/her employment during and relating to assignment to the City under this
agreement. It does not cover the employee, and will not be construed as
personal insurance for the employee. In the event coverage for the employee is
determined by a court or tribunal with jurisdiction, the said coverage shall be
excess to the employee's personal coverage.

The City's "insurance" is carried in the form of a contract with the Michigan
Municipal Risk Management Authority, (MMRMA), and carries a significant
retainage (deductible). Currently the retainage is $75,000.00 per incident, and




A:\A24821.DOC
10,000,000.00 per claim. In the event payment from the retainage satisfies the
City's liability exposure, pro rata satisfaction of Kelly's joint liability exposure by
the same payment may occur. Notwithstanding, no part of the retainage shall be
available to cover Kelly's separate liability which may arise from any claim to the
extent such amount is not applicable or required to pay obligations arising from
the City's liability on behalf of the City, or there is a claim based on and seeking
separate (non-joint) liability exposure and payment by Kelly. Kelly shall be
responsible for any required payment which is not within the amounts covered
beyond the retainage by MMRMA, and arises out of Kelly's liability, if any. It is
the intention of the parties that Kelly is added to the City's coverage only to the
extent that the proceeds of the MMRMA contract outside the retainage are
available to pay for relevant liability - based obligations of Kelly.

In no case shall the City indemnify Kelly for any liability. The providing of
coverage under the MMRMA contract does· not imply any indemnity undertaking
by the City.




 aul J. etersen - District Manager
Kelly Services, Inc. - Grand Rapids




~/Jc) = -
~,Mayo~

Gail A. Kundinger, Clerh

February 22, 2002
Date




A:IA24821.DOC
Date:         January 22, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of Bids
              Building Demo. For Shoreline Dr. East


SUMMARY OF REQUEST:

The contract to demolish five structures at the following locations to H & M Demolition
Companies out of Holland;

•     Rag & Metal (10 W. Western)
•     Captain Hook (685 Ottawa)
•     Arts Mall (634 Ottawa)
•     Plasma Center (701 Cedar)

H & M were the lowest (see attached bid tabulation) responsive and responsible bidder
with a bid price of $51, 250.

FINANCIAL IMPACT:
The demolishing cost of $51,250.



BUDGET ACTION REQUIRED:
The cost will be from the budgeted amount for Shoreline Dr.




STAFF RECOMMENDATION:
Award the contract to H & M Demolition Companies.



COMMITTEE RECOMMENDATION:
                            B229 - SHORELINE DRIVE EAST BUILDING DEMOLITION
                                             BID TABULATION


                                 H&M           DIVERSIFIED     MACKENZIE ENV   SPECIALIZED   FRANKLIN
ITEM         DESCRIPTION         DEMOLITION    CONTRACTORS     SERVICES        DEMOLITION    CONTRACTORS    MELCHING
                                 AMOUNT
 1     Muskegon Rag & Metal       $18,700.00      $25,000.00      $67,553.20    $36,558.00     $49,500.00      $35,000.00
 2     Captain Hook's             $12,600.00      $31,300.00      $26,951.10    $11,500.00     $24,600.00      $15,000.00
 3     Art Mall/St. Dennis Art    $10,000.00      $12,500.00      $16,300.90    $12,500.00     $16,500.00      $15,000.00

       SUBTOTAL                   $41,300.00      $68,800.00     $110,805.20    $60,558.00     $90,600.00      $65,000.00

 4     Plasma Center (Portion)     $9,950.00      $30,999.00      $64,462.20    $16,000.00     $14,500.00      $18,000.00

       GRAND TOTAL                $51,250.00     $99,799.00     $175,267.40     $76,558.00    $105,100.00     $83,000.00




                                                                  1/15/02 3:08 PM SHORELINE DRIVE EAST BLDG DEMO BID TABULATION.xlsSheet1
DATE:              January 10, 2002

TO:                Honorable Mayor and Commissioners

FROM:              Robert B. Grabinski, Director of Inspection Services

RE:                Concurrence with the Housing Board of Appeals Notice and Order
                   to Demolish. Dangerous Building Case#: 01-043 Address: 432
                   Monroe


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
432 Monroe 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: #01-43, 432 Monroe, Muskegon, Ml

Location and ownership: This structure is located on Monroe Avenue between
Sixth and Seventh Streets. It is owned by Bruce Welch who lives in it with his
family.

Staff Correspondence: A dangerous building inspection was conducted on
8/22/01 and a notice and order to repair was issued 9/10/01. This was issued to
Daniel Heller along with the notice of the HBA hearing on 10/18/01. At this time
Bruce Welch informed the Inspection Department that he was the new owner. At
the November HBA meeting Mr. Welch was given 30 days to schedule an interior
inspection, apply for permits, and commence with repairs or the case would be
forwarded to the City Commission. An interior inspection was conducted
11/14/01. On 12/1/01 a police report was taken at the residence when they were
called to act as a peace officer. At this time the officer noted numerous safety
issues, unsanitary conditions, and young children living there.

Owner Contact:       This office had contact with Mr. Welch in November.
Children's Protective Services is involved due to the unsafe and unsanitary
conditions found. No further contact has been made with Mr. Welch since that
time. No contact has been made by Mr. Heller with this office during the
dangerous building process.

Financial Impact:            CDBG

Budget action required:                None

State Equalized value:                $15,400

Estimated cost to repair:             $40,000


1':\!nspcctio11s\Grabi11ski_Lorrainc\Word\CC MEETINGS\AGENDA -432 Monroe.doc   page I of2
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 22, 2002.




f-:\Inspi:ctions\Grabinski_l,orraine\Word\CC MEETINGS\AGENDA - 432 Monroe.doc   page 2 of2
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------·
                                   (
/   ~arbor Title
                      955 West Broadway
                      Muskegon, MI 49441
                                                     Title Search
                                                                                             Case No.: 100121356
                                                                                                September 6, 2001

    1.   Beginning Date: 11/21/86, at 8:00 A.M.

         Please See Attached Liber 1373, Page 333, 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
         . 8/10/200 I, at 8:00 A.M.

                                                        Documents
                           Deeds:                                                          Mortgages:
                    Liber 1373, Page 333                                               Liber I 874, Page 332

                                                             Taxes:
                                Proof of payment of special assessment for 2001 Sidewalk,
                                due and payable to the City of Muskegon in the amount of
                                $2,517.50. (Estimated Amount)

                                Proof of payment of the delinquent water/sewer usage, due
                                and payable to the City of Muskegon in the amount of
                                $74.33, if paid by September 30, 2001.

                                Proof of payment ofinvoice Charges, due and payable to
                                the City of Muskegon in the amount of$222.00. (Invoice
                                #9809092; #9811680 and #9817510)

                                Payment of the 2000 delinquent taxes, due and
                                payable to the Muskegon County Treasurer in the
                                amount of$513.07, if paid by September 30, 2001.
                                (Base amount - $462.22)


                                Note:
                                No 2001 Summer taxes were assessed.
                                Permanent Parcel No.: 61-24-205-370-0007-10.
                                2001 State Equalized Value: $15,400.00.
                                2001 Taxable Value: $8,802.00.
                                Non-Homestead Property.

    3    We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
         County, Michigan, against:

         Daniel J. Heller and Mary K. Heller, husband and wife

    4.   No search has been made for any instrnment, however designated, which has been filed as a financing statement
         pursuant to the Unifom1 Commercial Code.
                                                                 (


                                CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                   432 Monroe Ave.

                                         8/22/01


Inspection noted:

1.     An interior inspection is required by all trade inspectors (plumbing, mechanical,
       electrical and building) before any pennits or certificates of occupancy will be
       issued.

2.     Roof covering on entire home deteriorated and failing.

3.     Garage and back porch section of roof caving in-roof system needs sheathing,
       rafters and new roof covering.

4.     Missing siding on home - exposed sheathing.

5.     Front porch needs structural repair - columns shifting.

6.     Doors broken off home.

7.     Window maintenance and repair needed on frames and glass.




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.




                                        INSPECTOR




F:\lnspections\Grabinski_Lorraine\ Word\DANGEROUS BUILDING INSPECTION
REPORTS\STANDARD FORMS\DB INSPECTION REPORT FORM.doc
                                                                  (



                                       CITY OF MUSKEGON

            NOTICE AND ORDER TO REPAIR OR REMOVE /DEMOLISH) A STRUCTURE

      DATE:         September 10, 2001

      Address of the Property:    432 Monroe     Muskegon, Michigan

      Description of the Structure:     S 85 Ft. Lot 7 Blk 370

      TO:     Daniel & Mary Heller, P.O. Box 181, Hesperia, Ml 49421

              [Name & Address of Owner]

              Huntington Bank, 221 W. Webster, Muskegon, Ml 49443
              (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.




      F:\lnspections\Grabinski_Lorrainc\ Word\ST ANDARD FORMS\lnspections Department Notice
      and Orcler.cloc

                                             Page l of 3
                                                                     (


                                 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 432 Monroe, 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 INSPECTION DEPARTMENT



                                                     ert B. Grabinski, Fire Marshal/Inspections
                                                                       ,'
                                                                       I




                              CITY OF MUSKEGON
             CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                      NOTICE OF HEARING

    Date:   October 18, 200 I

    Address of the Property:     432 Monroe, Muskegon MI

    Description of the Strncture: S 85 Ft Lot 7 Blk 370


    TO:     Daniel & Mary Heller, P,O, Box 181, Hesperia, MI 49421
            [Name & Address of Owner]

            Huntington Bank, 221 W, Webster, Muskegon, MI 49443
            Names & Addresses of Other Interested Pmiies]


            Please take notice that on Thursday, November 1, 2001, 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 strncture should be detennined 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 or Demolish a Structure issued by the City of Muskegon Building Inspection Department
    on 9/10/0L

           At the hearing on Thursday, November 1 , 2001 , at 5:30 o'clock p,111,, 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,



                                                                     PECTION DEPARTMENT,
                                                                     SI G B  RD OF APPEALS
                                                                            •

                                               ert B, Grabinski, Fire Marshal/Inspection Services




\
\



    F:IINSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARINGDOC
                                                             (


                            CITY OF MUSKEGON
               CITY OF MUSKEGON HOUSING BOARD OF APPEALS


                         ORDER TO REPAIR OR DEMOLISH




Date of Order:        November 5, 2001

Address of the property:     432 Monroe

Description of the structure:     s 85 ft.   Lot 7 Blk 370

To:    Bruce Welch, 432 Monroe, Muskegon, Ml 49441
       (Name & Address of Owner)



       None
       (Names and Addresses of Other Interested Parties)


                                 OPPORTUNITY TO REPAIR



The Housing Board of Appeals of the City of Muskegon has found that the above
structures are dangerous or substandard buildings and a public nuisance. However,
it is determined that the buildings are repairable, provided that permits are applied
for and repairs performed in a timely fashion. Therefore, it is ordered that the owner
or interested parties shall call for an interior inspection, apply for all permits required
and commence the repairs of the conditions found in the inspection repo·rt attached
to this order within 30 days All said repairs shall be accomplished in the time
                             0


limited by the permits issued relevant to the said repairs, and physical repair must be
commenced within the said 30 days of obtaining those permits.




                                                  2
                                                          (



                  FAILURE TO COMPLY - DEMOLITION ORDER

                 TO BE SUBMITTED TO THE CITY COMMISSION

In the event the owners or interested parties fail to schedule an interior inspection,
apply for all permits required to effectuate the said repairs or fail to commence
physical repair within 30 days, then the above order of the Housing Board of
Appeals shall constitute an order to demolish the said structures.

In such case, 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 for demolition, 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.

                                           CITY OF MUSKEGON
                                           HOUSING BOARD OF            PEALS


                                                   Grabinski, Director of Inspections




                                              3
                                                                (


                                CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                    432 Monroe
                              (INTERIOR INSPECTION)
                                  November 14, 2001


Inspection noted:

I.     Light by door incomplete.

2.     Circuits over fused.

3.     Bedroom lights incomplete.

4.     Kitchen light incomplete.

5.     Back room wiring substandard.

6.     Wiring is generally substandard and should be replaced.

7.     Severely cracked floor joists in basement, needs structural repair.

8.     Bathroom floor caving in - could not inspect at this point as areas were blocked
       off. Need to strip flooring for investigation.

9.     Garage roof failing structurally, needs to be rebuilt.

10.    Illegal steps to upper·- improper landing-· no guardrail; dangerous.

11.    Infestation of animal feces (numerous cats); unbearable smell.

12.    Need mechanicals and plumbing certified safe.



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.




F:llnspections\Grabinski_ Lorraine\W ord\DANGEROUS BUILDING INSPECTION
REPORTSISTANDARD FORMS\432 Monroe - interior.doc
    ,·
'   )                                                                      (
    Incident Report            MUSKEGON POLICE DEPARTMENT              2 0 0 1 - 02 994 0 -I
     Incident No        Date & Time Rept      Ottense: 99008
     2001-029940-I      I
                       12/01/2001     16:56
                          Occurred Until:
                                              GENERAL ASSISTANCE
     Occurred From:                           Incident Location
     12/01/2001 16:56       I
                          12/01/2001 16:56    432 MONROE AV
     Current Disp    Disposed To              Municipality         District
     ARREST         I
     Disposition Date
                     CLOSED      FELLOWS
                            Juveniles Only?
                                              MUSKEGON
                                              TTY Sent?
                                                                   117
                                                           Cance led?     TTY numoer
     12/01/2001
     Photos?     Consent?
                                   NO
                              Affidavit?
                                                 NO
                                              Optional Date/Time
                                                                       I               I
       NO     I     NO
     Officer Assigned
                                   NO           I I       00,00
                                              Investigating Officer
     10557 HEPWORTH, SCOTT JASON
     N   Assist Ofricer: R. KITCHEN, Sgt. FELLOWS
    0
    T     ______________
    E                             [12/01/2
    s                              ______________
         001] - - - [16 :56]
         MEET A KIMBERLY BOMGARDNER          @   MUPD THEN TO THE MONROE
         ADDRESS

          --=-----=-----   [12/01/2001] - - - [17:05] -----;::::;---=----
         CONVEY OCCURED 12/01/01 @ 17:05:42 TO: 432 MONROE

          --------=-----    [12/01/2001] -           -   - [17:12]    -----=--------
         ARRIVED ON CONVEY TO 432 MONROE

          --------=-----    [12/01/2001] -           -   - [18: 04]   -----=---=----
         ARRIVED ON CONVEY TO 432 MONROE
          ______________
                            [12/01/2001] - - - [18:04]                --------------
         CONVEY OCCURED 12/01/01 @ 18:04:19 TO: MUPD

          --------=-----    [12/01/2001]           - -   - [18: 06]   -----=--------
         ARRIVED ON CONVEY TO MUPD
                                                                      ______________
          --------=---=-   [12/01/2001] - - - [18 :26]
         CONVEY OCCURED 12/01/01 @ 18:26:48 TO: COUNTY
                                                                      ______________
          =-=-=-=-=-=-=-    [12/01/2001]           - - -   [18: 27]
         ARRIVED ON CONVEY TO COUNTY
         NAME: LT LORD
         OFFENSE: POFC          Peace Officer
        -CAD TIMES: 16:56;16:57;16:58;18:36;
        Name/Address/Phone                              Description
 p      BAUMGARNER, KIMBERLY ANN                        Born 06/27/1969     FEMALE
 E      422 MCALUGHLIN                             #1   Hgt.  0 I QII        WHITE
 R      MUSKEGON               MI 49442                 Wgt.    0
 s       ( 616) 842-6442                                Hair          Eyes
 0      COMPLAINT      99008            GENERAL ASSISTANCE
 N      12/01/2001      I                                                  Page 1
rfjt - revt.c 1.41           Date Printed: 12/01/2001
     •                      (                              (
Continued                       MUSKEGON POLICE DEPARTMENT               2001-029940-I
  Inciaent No           Date & Time Rept         Ottense: 99008
 2001-029940-I    I   12/01/2001
      Name/Annress;Pnone
                                          I
                                      16:56      GENERAL ASSISTANCE
                                                           Descriotion
 p    HOUSER, BILLY RAY                                    Born 03/15/1973        MALE
 E    679 W SOUTHERN                                  #A   Hgt.  0' 0"           WHITE
 R    MUSKEGON                   MI 49441                  Wgt.   0
 s     ( 231) 722-1218                                     Hair          Eves
 0
 N
      OTHER
      12/01/2001
                      I
                      99008               GENERAL ASSISTANCE
 s    IPPEN, MARIELLEN                                     Born 03/13/1974      FEMALE
      432 MONROE                                           Hgt.  5' 7"           WHITE
      MUSKEGON                   MI 49441                  Wgt. 200            UNKNOWN
       ( 2 31) 722-1198                                    Hair SDY      Eyes BRO
      ARREST
      12/01/2001
                      I
                      89004               WARRANTS
      WELCH, BRUCE ALLEN SR                                Born 12/28/1972        MALE
      432 MONROE                                           Hgt.  6' 0"           WHITE
      MUSKEGON                   MI 49441                  Wgt. 210           NON-HISP
       ( 616) 722-5191    (   )     -                      Hair BLK      Eyes BRO
      OTHER
      12/01/2001
                  I   99008               GENERAL ASSISTANCE
         Description;Name;Comments        MaJce/Moael/Stat   Serial No./ Qty ;Value
 p    DARVASET
 R    MEDICATIONS                                           Qty = 30.00
 0                                        STOLEN                               $100.00
 p    INHALER - PROVENTIL
 E    MEDICATIONS                                           Qty = 1.00
R                                         STOLEN                                $50.00
T     IBUPROFIN 800 MG
y     MEDICATIONS                                           Qty= 135.00
                                          STOLEN                               $100.00
      Status/Plate Tvoe/VIN            I Reo/Evict/Valuel Description
      NO VEHICLES
          l;ateqory                         I  Description
      NO M.O. INFORMATION




rpt_revt.c 1.41            Date Printed: 12/01/2001                          Page   2
                                                       (
Continued                 MUSKEGON POLICE DEPARTMENT             2001-029940-I
 Incident No
 2001-029940-I
                  IDate & Time Rept
                  12/01/2001   16:56
                                         I
                                         Ottense: 99008
                                         GENERAL ASSISTANCE
 N   TAKEN FROM WORDPERFECT DOCUMENT 2001029940.001
 A DISPATCH INFO:
R
R    Officer KITCHEN and I were dispatched to meet BAUMGARNER
A    (Complainant/TX: 616-842-6442) at MUPD to act as a peace officer.
T
 I   CONTACT WITH COMPLAINANT:
V
 E   I s~oke with BAUMGARNER and her friend HOUSER (Other/No TX). They
     advised me that they were just kicked out of the house that they
     were living in by the landlord, WELCH (Other/No TX). BAUMGARNER
     said they were abruptly forced to leave last night. BAUMGRANER and
     HOUSER returned to get their things from the residence today.
     BAUMGARNER advised me that WELCH and IPPEN (Arrest/No TX) would not
     give them their personal belongings back.
     CONTACT WITH TENANT:
     We escorted BAUMGARNER and HOUSER to 432 Monroe.  IPPEN answered
     the door. BAUMGARNER told IPPEN that she wanted to get her items
     back.  IPPEN refused to let BAUMGARNER and get her items back.
     IPPEN told BAUMGARNER that she was served an eviction notice.
     BAUMGARNER showed officer KITCHEN and I the eviction notice. This
     item was actually a notice to quit. The notice was not signed by
     a judge. Sgt. FELLOWS was called to our location. Sgt. FELLOWS
     advised IPPEN that this was not an eviction notice. Sgt. FELLOWS
     told IPPEN that BAUMGARNER and HOUSER technically still lived
     there. Therefore, they are entitled to enter the premises and get
     their belongings back. BAUMGARNER and HOUSER went up to their
     rented room and retrieved their items. Officer KITCHEN, Sgt.
     FELLOWS, and I stood by in the house while BAUMGARNER and HOUSER
     got their belongings. WELCH returned to the premises while we were
     inside the residence. Sgt. FELLOWS explained to WELCH what was
     going on.
     OFFICER'S ACTIONS:
     All the adults in the house were run on LEIN. LEIN confirmed a
     felony warrant out of MHPD for IPPEN. The warrant was for FTA on
     a B & E charge. The date of the warrant was 05/07/1992. The OCA
     # is 4-430-92. The ORI# is MI610025J-CT. The court docket# is
     92-13016FY.  IPPEN was arrested by officer KITCHEN.  IPPEN was
     taken to MUPD in car# 271. Officer KITCHEN called MHPD to confirm
     the warrant. Officer KITCHEN spoke to Sgt. COLEMAN from MHPD.
     Sgt. COLEMAN advised officer KITCHEN that the warrant would not be
     in the computer, however, Sgt. COLEMAN thought it was the same
     person. Sgt. COLEMAN wanted IPPEN lodged. Officer KITCHEN and I
     transported IPPEN to MCJ in car# 271.   IPPEN was lodged for the
     warrant.
     OFFICER'S OBSERVATIONS INSIDE 432 MONROE:
rpt revt.c 1.41             Date Printed: 12/01/2001                     Page   3
                                                     (
Continued                 MUSKEGON POLICE DEPARTMENT              2001-029940-I
 Incident No      IDate & Time Rept   I Offense: 99008
 2001-029940-I    12/01/2001   16:56     GENERAL ASSISTANCE
 N While I was insiae tne residence at 432 MONROE, I noticed numerous
 A things that made this house unsafe to live in.    Initially, I
 R noticed numerous cats inside the house. Walking throu$h the house,
 R I saw a large amount of feces at the bottom of the stairwell that
 A led to the upstairs. Also, I noticed moldy feces along the
 T baseboard of the southwall in the far upper bedroom. This looks to
 I be the bedroom for a couple of children. While I was upstairs, I
 V noticed that the first bedroom on the right had a exposed
 E electricity cord leading to a permanent light in the bedroom.     In
    this same room, the glass in the window was missing. The window
    was covered by a blanket.  In addition, I noticed cockroaches in
    the kitchen area. Let it be known, that at least three young
    children currently live in this house.  I believe that this house
    is unfit for living in.
    STATUS:
    Closed.
    Officer S. HEPWORTH# 42




rpt_revt.c 1.41           Date Printed: 12/01/2001                     Page   4
                                                (
            Housing Health & Safety Action Request Document

 Location/Address: t/J} No,J,€'c,c;       Date/Time Observed f')/i 1· -       /o            /7: 3D H.
 Officer's name who made observation: $, HGPv--..')oi:n±
 Complaint Number (if you obtained one): _,,Oc:._;l'----"'-,}.-'Cf'--'C/C-JL/=o~------

 Put a check mark next to and/or circle any of the conditions that apply:

 _ No gas, heat, or electricity (circle those that apply)

X , ~ r o d e n t , flea, lice or other___ infestation (circle those that apply)

 KExcessive filth, garbage, animal or human excrement INSIDE of the house

 _ Excessive filth, garbage, animal or human excrement OUTSIDE of the house

 _ Water and/or sewer facilities (toilets) not working

 X Exposed or unsafe wiring (including use of extension cords for permanent
 wiring)

 _ Smoke detectors not in place or working

 ~ Broken windows

 _ Using basement or cellar for sleeping area

 _ Standing water in basement

 _ Vacant house thatneeds to be secured so it is not accessible to the public

 COMMENTS/OBSERVATIONS:                   :r=c_ou.,0·n,::.D r,-y, Le_AS, t() t:,rpi:e_;r__e,i,
 CArS . ~ -n-ft2- J--\6L<.SC':. (j, -n-1E r?c.,1ToA-1 c,F i7IC::. Sr1tr.c N(c<- l.€/-ID:r,JG.
 [o ·n.j.€, U'PStA:CES, 77-lci1e v\.J/./S I~ f>:rC,('JrFJ:C/IN'i /JMOuNT CZ.:: FGCES.
 /jL.SO. T ~, -r:.c,,;:._D, 5    E?;--ce.S :r,,J 7X6 fa:)::b5 [36.b!Z.06M, u?STA:clZ.S.
ti-- WA<         t.oc-,c:ireo ffeoA; 77,1? SouT/f W4t:-L /:91S€/5rJ4RP.            M     lliJD.crt:'ol~
:["' r--.'.>oTTCfC-.D A UJNG {IJ£'1Zc: /€',x?r,✓.s£.orJ u>lC: D LG;r-J 0.0(', ToA ff:]?/....j//NltN
                                      I
1.£01/r ..:rAJ rz;c:-   uP5mr«"'s S&>tc{='M           ·ruA, r:s     cwse.s, :r:o ·n:1ec s'Tf-l:d',,•
'T,;rs Co£'/4J _z3 1l/lrJ6.D.-J0 Rto,tvl n-10 cc;c..r,,JG, J- u,,J PK.DTEC...Tlf'P, //lf:S
j?£D,Zoo,M. /IL.Sc> ;-I/lo [VO &:/}(;S •.LA-1 7ll~ i-V:E/\JiYJW · J..., vvf.)S.. <_oJG.rc:-G.b g,1 (-J
 (Please forward to COPS Bureau)
J°3LANKE:T. ·1-, sHoe,<.L..O /lL'G6 '30 k:".ND"'i /0 1l+AT               T
                                                            o~.5.e-f'..06D
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                                                           K.No-w,0 n-\1\T
TltE..rcl t-,rze: f.tr l.G/IS1 3 You/JG Cl(.iZO!cEN /JurNG pJ 71!£S
!/ou5{. ;/cJt.-D.
                                                                 (




                    NOTICE OF HEARING BEFORE THE CITY COMMISSION




DATE: January 9, 2002


       432 Monroe
       (Address of Property)


TO:    All owners and interested parties:

       Bruce Welch, 432 Monroe, Muskegon, Ml 49441
       (Name of Owner)

       None
       (Other interested parties)



On November 1, 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 January 22, 2002, to consider the above decision
of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on January 22,
2002, at the Muskegon City Hall, 933 Te1rnce Street, Muskegon, Michigan, with counsel, if you
desire, to present any revelent evidence and arguments concerning the decision to demolish the
above structures.




F:\INSPECTIONSIGRABINSl<I_LORRAINEIWORD\CC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
HBA Minutes I 1/01



Nick Kroes
Clinton Todd


The motion carried.

Case #01-043- 432 Monroe - Bruce Welch, 432 Monroe, Muskegon, Ml

Mr. Welch was present to represent this case. He purchased the home from Dan
Heller on September 1, 2001. He resides there with his family. Mr. Heller was
not correct in selling ii with the understanding that there was a valid occupancy
permit. When the structure became a dangerous building, the permit was then
void. Mr. Welch has estimates for roof and siding repairs.

Mr. Grabinski stated part of the dangerous building process requires an interior
inspection.

Staff's recommendation: To declare the structure substandard, a dangerous
building, unsafe, a public nuisance, but delay forwarding to the City Commission
for concurrence for 30 days.

Motion: John Warner, supported by Randy Mackie made a motion to accept
staff's recommendation.

The motion carried.

Case #01-032 - 246 Laketon - (Garage Only) John Markavitch, 24
Musl<e    , Ml

                       resent to represent this case. He st
sick and didn't have        oney to complete earlier.     s better now. He has
already repaired the rafter     d will be putting the  ing on next week. He can
have it completely finished in 3




Motion: John Warner, supp
recommendation.



AYES:                 NAYES:             EXCUSED:            ABSENT:
Greg Bo man
Randy Mackie
John Warner



                                      7 of8
DATE:              January 10, 2002

TO:                Honorable Mayor and Commissioners

FROM:              Robert B. Grabinski, Director of Inspection Services

RE:                Concurrence with the Housing Board of Appeals Notice and Order
                   to Demolish. Dangerous Building Case#: 01-014 Address: 1878
                   Smith St.


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1878 Smith St. 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: #01-014, 1878 Smith St. Muskegon, Ml

Location and ownership: This structure is located on Smith Street in the Marsh
Neighborhood between E. Holbrook and Laketon Avenue. It is owned by Alan
and Delores Blood, 2170 Becker Rd., Muskegon, Ml 49445.

Staff Correspondence: A dangerous building inspection was conducted on
4/13/01, a notice and order to repair was issued 5/31/01. A permit to install vinyl
siding was issued 6/19/01. At the October HBA meeting the case was tabled for
30 days to allow owners time to come into the office and submit a time line and
schedule an interior inspection. At the November HBA meeting the structure was
declared substandard because of incorrect construction on the addition.

Owner Contact: Mrs. Blood was present at both HBA meetings. No other
contact was made by home owners.

Financial Impact:            CDBG

Budget action required:                None

State Equalized value:                $30,800.

Estimated cost to repair:             $60,000

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

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 22, 2002.
F:\lnspectlons\Grabinski_Lorrainc\ Word\CC MEETINGS\AGENDA - 1878 SMIT! I.doc   page 1 of 1
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Census                                     wS


                              ~- ----   _,
                                    r·
___
  •, r:'!.-N---H-ar_b_o_1_r Title
                       955 West Broadway
                       Muskegon,MI49441

                                                       Title Search
                                                                                                    Case No.: 100120255
                                                                                                           May 16, 2001

    I.   Beginning Date: 5/7/84, at 8:00 A.M.

         Please See Attached Liber 1284, Page 588, 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 fmd the following conveyances and undischarged encumbrances, from said beginning date to
         4/19/2001, at 8:00 A.M.

                                                           Documents
                            Deeds:                                                              Mortgages:
                           1284-588

                                                        Taxes:
    Sidewalk Assessment due and payable to the City of Muskegon, in the amount of $182.49, if paid by May 31, 2001.


   Note:
   2000 Winter taxes were paid in the amount of: $872.72.
   No 2000 Summer taxes were assessed.
   Permanent Parcel No.: 61-24-762-001-0020-00.
   2001 State Equalized Value: $30,800.00.
   2001 Taxable Value: $23,685.00 ..
    Homestead Property.

   3     We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
         County, Michigan, against:

         Allan L. Blood and Delores M. Bartels, as joint tenants with full rights of survivorship

   4.    No search has been made for any instrument, however designated, which has been filed as a financing statement
         pursuant to the Uniform Commercial Code.

   5.    No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in
         the office of the Register of Deeds.

   6.    Under this fonn of search this company is not an insurer of above title, nor does it guarantee the title or any
         evidence of title thereto.

   7.    Note: In consideration of the fact that the above information is to be used for reference purposes only and not
         relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount
         paid for this information.
                                                                 (



                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                 1878 SMITH STREET

                                         4/13/01


Inspection noted:

1.     An interior inspection is required by all trade inspectors' (this includes Plumbing,
       Mechanical, Electrical and Building).

2.     Missing siding, exposed overhang, incomplete addition (permit was pulled 8/4/95
       and no inspections, this pennit is null & void).

3.     Roofing incomplete.

4.     Landing and steps are incomplete in the back by the sliding doors.

5.     Exposed rafters on back of addition.

6.     Garage graffiti, cans of tar thrown on roof.

7.     Front porch deck and stairs are unstable, missing handrail and guardrail.

8.     Siding on original home is insecure and/or missing.


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.




F:\Inspcctions\Grabinski~ Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1783
Smith.doc
I                                        CITY OF MUSKEGON
                                                                              (



                       DANGEROUS BUILDING INSPECTION REPORT

                                              1878 Smith
                                       (INTERIOR INSPECTION)
                                               10/22101


    Inspection noted:

    1.      Front porch unstable; needs guardrail to code. Deck joists unstable over span
            joists.

    2.       No landing or steps at back slider.

    3.       Addition on home constructed without inspections. Improper footings, walls,
             headers. Rafters on both homes cut away with no lateral suppoti for either
             structure on the roof system. The addition must be totally removed and
             constructed to code.

    4.       All electrical must be brought up to code.

    5.       Plumbing requires a licensed contractor.

    6.      Water and sewer lines are not in good acceptable condition.

    7.      Mechanical requires a licensed contractor.

    8.      Chimney needs a liner.

    9.      Furnace needs to be tested.

    10.     Duct work is in poor shape.

    11.     All gas piping needs to be tested.


    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.



                                                                                  10-31-01
                                                                                  DATE

    F:\lnspcctions\Gra binski _ Lo,-,ainc\ \I' ord\DA NGERO\JS B\JILl)ING INSPECT! ON
    REl'ORTS\STANDARD FORMS\1878 Smith interior.doc
                                                                    {


                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: September 24, 2001

Address of the Property:        1878 Smith, Muskegon, Michigan

Description of the Structure:


TO:.   Allan Blood, 2170 Becker Rd. Muskegon, MI 49445
       [Name & Address of Owner)

       None
       Names & Addresses of Other Interested Parties)



        Please take notice that on Thursdav, October 4, 2001 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Tenace, Muskegon, MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be detem1ined 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 or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on 5/31/01. ·

       At the hearing on Thursday, October 4 , 2001 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Tenace 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.




                                      .
                                     ON   B"t:t:i_~
                                             F MUSKEGO~JG~~Jl~,:EPARTMENT,
                                                      ~~ OF APPEALS
                                     By-1--------------------
                                      bcrt B. Grabinski, Fire Marshal/Inspection Services




F:IINSPECTIONSIGRABINSK\_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
                                                                              (



                                           CITY OF MUSKEGON

          NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

       DATE:          May 31, 2001

       Address of the Property:      1878 Smith, Muskegon, Michigan

       Description of the Structure: Sub Div of part of Lot I Blk 1 RP Eastons 2"" Sub Div Paii of Sec
                                     32 T l0NR 16 WLot20Blk 1

       TO:     Alan L. Blood & Delores M Bartels, 1878 Smith St. Muskegon, MI 49442
               [Name & Address of Owner]



               The Building Inspection Depa1iment 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 pe1111its 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.




       F: \Inspections\Grabinski _ LmTaine\Word\STAND ARD FORMS\Inspections Department Notice
       and Order.doc

                                                   Page I of3
                                                                          (


                                   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 1878 Smith, 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 INSPECTION DEPARTMENT
                                                   ~--.,

                                                                              r
231/724-6703
FAX/722-1214                                                                             (
Aueuor
231/724-6708
FAxn26-5l81

Cemetery
231/724-6783
FAX/726-5617

Chi! Sen-ice
231/724-6716
FAxn24---4405                                           West Mlchlgan's Shoreline City
Clerk
231/724-6705
FAX1724-4178

Comm. & Neigh,
   Services
231/724-6717            October 8, 2001
FAX1726-2501

Engineering             Alan & Delores Blood
231/724-6707
FAX1727-6904
                        2170 Becker Rd.
                        Muskegon, Ml 49445
Finance
231/724-6713
FAxn24-6768             Re: 1878 Smith St.
Fire Dept.
231/724-6792
FAX/724-6985
                        Dear Mr. & Mrs. Blood:
Income Tax
231/724-6770
                        On October 5, 2001 the Housing Board of Appeals heard your case on the above
F AX/724-6768           structure.
Info. Systems
231/724-6744            The board's determination on this case was to table it for 30 days to allow you
FAxn22-4301
                        time to come into this office and submit an agreeable time line for repairs and
Leisure Service
231/724-6704
                        schedule an interior inspection with the building, electrical, and plumbing
FAX/724-1196            inspectors.
Manager's Office
231/724-6724            If you have any questions, please contact this office at (231) 724-6715.
FAX/722-1214




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

I nspectlon Services
231/724-6715
FAX1726-2501
                        Robert B. Grabinski
 Planning/Zoning
 231/724-6702
                        Fire Marshal/Inspection Services
 FAX1714-6790           RBG/lg
 Police Dept.
 231/724-6750
 FAX1722-5140

 Public Works
 231/724-4100
 F AX/722-4188

 Treasurer
 231/724-6720
 FAX/724-6768

 W11tcr Dilling Dept.
 231/724-6718
 FAX/724--{;768

 Water Flltratlon
 231/724-4106
 FAX1755-5290


                                 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                                    (


                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                     NOTICE OF HEARING

Date: October 18, 2001

Address of the Property:        1878 Smith, Muskegon MI

Description of the Structure:    Sub Div of part of Lot 1 Blk 1 RP Eastons 2"ct Sub Div Part of Sec
                                32 To 10 N R 16 W Lot 20 Block 1


TO:    Alan & Delores Blood, 2170 Becker Rd. Muskegon, MI 49445
       [Name & Address of Owner]

       None
       Names & Addresses of Other Interested Parties]


        Please take notice that on Thursday, November 1, 2001 , 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 or De1:nolish a Structure issued by the City of Muskegon Building Inspection Department
011 5/31/01.


        At the hearing on Thursday, November I , 2001 , 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.



                                                                               DEPARTMENT,
                                                                                D OF APPEALS

                                       By-+-----------------
                                        Robert B. Grabinski, Fire Marshal/Inspection Services




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARO FORMS\NOTICE OF HBA HEARING.DOC
                                                                  (


                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:         November 5, 2001

To:           Alan & Delores Blood, 2170 Becker Rd. Muskegon, Ml 49445
              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 1, 2001, does hereby order that the
following structure(s) located at 1878 Smith 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 on December 11, 2001, 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.




F:\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.



                                            FOR THE HOUSING BOARD OF APPEALS:


                                         ~•.1:g rl.•t!l
                                            ~ r t B. Grabinski, Director of Inspections




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                                                                    (




                    NOTICE OF HEARING BEFORE THE CITY COMMISSION




DATE: January 9, 2002


       1878 Smith
       (Address of Property)


TO:    All owners and interested parties:

       Alan & Delores Blood. 2170 Becker Rd. Muskegon, Ml 49445
       (Name of Owner)

       None
       (Other interested parties)



On November 1. 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 January 22, 2002, to consider the above decision
of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on January 22,
2002 , at the Muskegon City Hall, 933 Tenace Street, Muskegon, Michigan, with counsel, if you
desire, to present any revclent evidence and arguments concerning the decision to demolish the
above structures.




                                     By~-+-------------~
                                     Robert B. Grabinski, Director of Inspections




F:\INSPECTIONS\GRABINSKI_LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
Case# 99-39 - 896 Pine St. - Leath Furniture, 4370 Peachtree Rd. NE,
Atla  , GA 30319

No one wa · attendance to represent this case. Mr. Grabins gave a history of
the case. It is   acant piece of property. We have not he  back from the
owner. It is back l:l re the board because the address as previously noted as
902 Pine, which is the    tique store. We now have t correct address and
have notified the appropn     party.




Motion: Jerry Bever, supported by
recommendation.

A roll cal vote was taken:

AYES:                                     EXCUSED:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Fred Nielse

The motion carried.

Case #01-014 - 1878 Smith St. - Alan & Delores Blood, 2170 Becker Rd.,
Muskegon

Mrs. Blood was present to represent this property. She stated that they had not
received any paperwork until the notice for the HBA hearing. They have been
working on the property, inside and out and their intention is to repair it and then
either rent it out or sell. Mr. Grabinski stated because of their address change,
and not receiving the Notice and Order to repair he would like to give them time
to come into the office and see the list of repairs needed to be done.

Staff recommendation: Table this case for 30 days to allow owners time to come
into office and submit time line and schedule interior inspection.

Motion: Motion made by Randy Mackie, supported by John Warner to support
staff's recommendation.

A roll cal vote was taken:

AYES:                 NAYES:               EXCUSED:             ABSENT:
Greg Borgman                                                    Clinton Todd
Randy Mackie                                                    Nick Kroes
Fred Nielsen
John Warner
Jerry Bever

The motion carried.
I-IBA Minutes 11/01



The motion carried.


Case #01-014 - 1878 Smith St. - Alan & Delores Blood, 2170 Becker Rd.,
Muskegon

Mrs. Blood was present to represent this case. She stated that she has not
received a list of repairs that need to be done. The interior inspection was
conducted on October 22, 2001. It was just typed up yesterday. There are 11
items on the inspection report. Mrs. Blood was given a copy of the inspection
report at the meeting. Mr. Grabinski read through the list on the report. He
stated that the addition has major problems. There is no record of permits or
inspections for it also. The footings, walls, headers, rafters are incorrect. There
is a danger of collapse on both roof systems. It needs to be totally removed and
constructed to code. (the addition)

This case was discussed in the office and staff feels there is no choice at this
point other than to declare substandard, a public nuisance, unsafe, dangerous
building and forward to city commission for their concurrence.

Motion: Motion made by Randy Mackie, supported by Nick Kroes to support
staff's recommendation.

A roll cal vote was taken:

AYES:                  NAYES:              EXCUSED:              ABSENT:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Fred Nielsen
Nick Kroes
Clinton Todd

The motion carried.

Case #01-026 - 1133 W. Western Ave. Kirksey Investment ,
Western Ave.    skegon

                                                 ,;;.,~e had a hand out for each
                                                   repaired so far and what future
                                                               ve been replaced and


Mr. Grabinski state      at the work was done after the last HBA meeting without
                      not aware that any progress had been made. Mr. Kirksey



                                        5 of 8

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