City Commission Packet Archive 03-12-2002

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                               MARCH 12, 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. Selecting of Siding Contractors for Fiscal        Year    2002-2003.
                    COMMUNITY & NEIGHBORHOOD SERVICES
                 c. Selection of Siding Supplier for Fiscal Year 2002-2003. COMMUNITY
                    & NEIGHBORHOOD SERVICES
                 d. Purchase of 503 Octavius.         COMMUNITY     & NEIGHBORHOOD
                    SERVICES
                 e. First Reading: Rezoning Request for Property Located at 565 Mulder
                    Ave. and 557 Mclaren Street.           PLANNING & ECONOMIC
                    DEVELOPMENT
                 f.   Request to Fly the Irish Flag. CITY CLERK
                 g. Aggregates, Highway Maintenance Materials and Concrete.
                    PUBLIC WORKS
                 h. Irrigation Parts Bids. LEISURE SERVICES
                      Consideration of Bids - 2002 Sidewalk Replacement Program.
                      ENGINEERING
•   PUBLIC HEARINGS:
                 a. Recommendation for Annual Renewal of Liquor Licenses.          CITY
                    CLERK
                 b. Create Special Assessment District for Wilson, Henry to Dowd.
                    ENGINEERING
                       c. Create Special Assessment District for Sherin. Lakeshore to Miner.
                          ENGINEERING
                       d. Create a Special Assessment District for Terrace. Irwin to Iona.
                          ENGINEERING
                       e. Spreading of the Special Assessment Roll For Barney. Valley to
                          Roberts. ENGINEERING
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                       a. Pension Ordinance Clarification {tables 2-12-02). FINANCING
                       b. Option to Purchase Buildable Large Vacant Lots in Jackson Hill
                          Neighborhood for Finlay Properties. Inc. for Senior Housing
                          Development PLANNING & ECONOMIC DEVELOPMENT
                       c. Contract for Payments in Lieu of Taxes for Finlay Properties. Inc
                          Housing Development - Jackson Hill. PLANNING & ECONOMIC
                          DEVELOPMENT
•   NEW BUSINESS:
                       a. Arena Compressor Donation. FINANCE
                       b. Tenative Agreement Reached with SEIU 517M. Unit 2.                             ASSISTANT
                          CITY MANAGER
                       c. Seaway Industrial Park Development Agreement. CITY MANAGER
                       d. Discussion and authorization for staff to appeal the decision by
                          Historic District Commission regarding the demolition of 1121 and
                          1129 Peck St. INSPECTIONS SERVICES
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION:
•   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 JO minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CJTY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO lND!VIDUALS 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:     March 12, 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 Regular
Commission Meeting that was held on Tuesday, February 26, 2002.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
        CITY OF MUSKEGON
          CITY COMMISSION MEETING
                         MARCH 12, 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 5:30, Tuesday, March 12, 2002.
  Mayor Warmington opened the meeting with a prayer from Bob Kuhn, a City
employee from the DPW Department, after which members of the City Commission
and members of the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Commissioners Gawron, Larson, Schweifler, Spataro, Mayor Warmington,
and Vice-Mayor Buie. Absent: Commissioner Shepherd (excused).
2002-30 CONSENT AGENDA:
              a. Approval of Minutes. CITY CLERK
  SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
  Meeting that was held on Tuesday, February 26, 2002.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the minutes.


              b. Selecting   of   Siding   Contractors for   Fiscal   Year   2002-2003.
                 COMMUNITY & NEIGHBORHOOD SERVICES
  SUMMARY OF REQUEST: To accept Community and Neighborhood Services
  department selections of three contractors for the siding program during the 2002
  - 2003 year. After reviewing all the bids received, the department has selected
  the three lowest bidders at an agreed upon price of $75.00 (seventy-five dollars)
  per square. Those selected were Lewis Johnson Construction - Grand Haven,
  Cutting Edge Construction - Muskegon Township and Gawlick Construction
  Fruitport Township.
 FINANCIAL IMPACT: Funding will be disbursed from the 2002-2003 CDBG Paint and
 Siding fund.
 BUDGET ACTION REQUIRED: None at this time.
 STAFF RECOMMENDATION: To approve request.
 COMMITTEE RECOMMENDATION: None
             c. Selection of Siding Supplier for Fiscal Year 2002-2003. COMMUNITY
                & NEIGHBORHOOD SERVICES
 SUMMARY OF REQUEST: To approve Community and Neighborhood Services
 department selection of the vinyl siding supplier for fiscal year 2002 - 2003. After
 reviewing all bids, the department selected the lowest bid by Premier Building
 Supplies located at 2151 S. Harvey- Muskegon for the price of $37.50 (thirty-seven
 dollars and fifty cents) per square for white and $38.64 (thirty-eight dollars and
 sixty-four cents) per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2002-2003 Paint and Siding
fund.
BUDGET ACTION REQUIRED: Non required 6t this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
             d. Purchase of 503 Octavius.        COMMUNITY & NEIGHBORHOOD
                SERVICES
 SUMMARY OF REQUEST: To approve the purchase of the property located at 503
 Octavius (City of Muskegon revised plat of 1903 Nl/2 Lot 9 and sl/2 Lot 10 Block
 149) from Bermunda LLC (formally known as GMAS Mortgage) 4 Corporate,
·Shelton Connecticut for the price of $4,500.
If approved, CNS will accept bids to rehabilitate the structure at 503 Octavius and
later sold to a qualified low /moderate-income family which would return the
house to the tax roll and eliminate its blighting influence on the neighborhood.
FINANCIAL IMPACT: Funding for the purchase and rehabilitation will be deducted
from the City's 2001-2002 HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
            f. Request to Fly the Irish Flag. CITY CLERK
SUMMARY OF REQUEST: The Irish American Society of . Muskegon requests
permission to fly the Irish Flag outside City Hall on Saturday, March 16, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
            g. Aggregates. Highway Maintenance Materials and Concrete.
                PUBLIC WORKS
SUMMARY OF REQUEST: Award bid to supply Calcium Chloride 38% (road brine)
and 32% (winter salting) to Liquid Dustlayer Inc. Award bid to supply 20AA and
31 A bituminous asphalt to Asphalt Paving Inc. Award bid to supply polymer
modified anionic asphalt emulsion to Koch Materials Company. Award bid to
supply sylvax-patching material to Asphalt Paving Inc. Award bid to supply Hl
and H2 limestone chip blend to Verplank Trucking Company. Award bid to supply
road slag to Verplank Trucking Company. Award bid to supply concrete to High
Grade Concrete contingent upon product avaifability timely deliveries, and prices
as quoted.
FINANCIAL IMPACT: $149,670 based on 2001 usage at 2002 quotes.
BUDGET ACTION REQUIRED: None; monies appropriated in several budgets.
STAFF RECOMMENDATION:
COMMITTEE REC OMMEN DA TION:
            h. Irrigation Parts Bids. LEISURE SERVICES
SUMMARY OF REQUEST: To purchase repair parts for our TORO irrigation systems.
FINANCIAL IMPACT: $10,028.68
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
COMMITTEE RECOMMENDATION:
            i. Consideration of Bids - 2002 Sidewalk Replacement Program.
               ENGINEERING
SUMMARY OF REQUEST: The 2002 Sidewalk Replacement contract be awarded to
North River Excavating out of Newaygo. North River was the lowest, see bid
tabulation, responsible bidder with a bid price of $207,730.28.
FINANCIAL IMPACT: The construction cost of $207,730.28 plus related engineering
expenses.
BUDGET ACTION REQUIRED: NONE
STAFF RECOMMENDATION: Award the contract to North River Excavation.
COMMITTEE RECOMMENDATION:
      Motion by Commissioner Schweifler. second by Vice Mayor Buie to approve
the Consent Agenda with the exception of item e. to be removed for further
discussion.
     ROLL VOTE: Ayes: Larson, Schweiller, Spataro, Warmington, Buie, Gawron
                 Nays: None
MOTION PASSED
2002-31 ITEMS REMOVED FROM THE CONSENT AGENDA
               e. FIRST READING: Rezoning Request for Property Located at 565
                  Mulder Ave. and 557 McLaren Street. PLANNING & ECONOMIC
                  DEVELOPMENT
   SUMMARY OF REQUEST: Request to rezone property owned by the City of
   Muskegon, located at 565 Mulder Ave. and 557 McLaren St., from R-1, Single-
   Family Residential and OSR, Open Space Recreation to either RT, Two-Family
   Residential or RM-1, Low-Density Multiple-Family Residential.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Staff recommends approval of the request, to rezone
   the property to RT.
   COMMITTEE RECOMMENDATION: The ,Planning Commission recommended
   approval of the request to rezone the property to RT at their 2/28 special meeting.
   The vote was unanimous, with J. Aslakson and M. Kleaveland absent.
       Motion by Commissioner Spataro, second by Commissioner Larson to
  approve request to rezone property at 565 Mulder Ave. and 557 Mclaren St. to RT,
  Two-Family Residential.
         ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson
                     Nays: None
MOTION PASSED (Requires Second Reading)
2002-32 PUBLIC HEARINGS:
               a. Recommendation for Annual Renewal of Liquor Licenses.          CITY
                  CLERK
  SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
  those liquor license establishments who are in violation of Section 5-270 and 5-271
  of the Code of Ordinance for the City of Muskegon. These establishments have
  been found to be in non-compliance with the City Code of Ordinances and
  renewal of their liquor licenses should not be recommended by the City
  Commission. If any of these establishments come into compliance by March 31,
  2002, they will be removed from this resolution, and recommendation for their
  renewal will be forwarded to the Liquor Control Commission.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Adoption of the resolution.
  The public hearing opened at 5:42pm to hear and consider any comments from
  the public. Paul Plueger from the Moose Lodge at 2330 Barclay St. spoke in
  reference to clarification of dollars owed.
       Motion by Commissioner Larson, second by Vice Mayor Buie to close the
  public hearing at 5:47pm and to adopt the resolution recommending non-renewal
                                                                          -· ...
   of those liquor license establishments who are in violation of Section 5-270 and 5-
   271 of the code of Ordinance for the City of Muskegon.
         ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
                     Nays: None
MOTION PASSED
               b. Create Special Assessment District for Wilson. Henry to Dowd.
                  ENGINEERING
  SUMMARY OF REQUEST: To hold a public hearing on the proposed special
  assessment of the Wilson Ave., Henry to Dowd, 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 tirrie.
  STAFF RECOMMENDATION: To create the special assessment and assign two City
  Commissioners to the Board of Assessors by adopting the resolution.
  COMMITTEE RECOMMENDATION:
  The public hearing opened at 5:52pm to hear and consider any comments from
  the public. There were no public comments made.
        Motion by Vice Mayor Buie, second by Commissioner Larson to close public
   hearing at 5:53pm and to create the special assessment and assign Commissioner
  .Schweifler and Commissioner Spataro to the Board of Assessors.
       ROLL VOTE:    Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
                     Nays: None
MOTION PASSED
              c. Create Special Assessment District for Sherin. Lakeshore   to   Miner.
                 ENGINEERING
  SUMMARY OF REQUEST: To hold a public hearing on the proposed special
  assessment of the Sherin, Lakeshore to Miner, 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.
  COMMITTEE RECOMMENDATION:
  The public hearing opened at 5:56pm to hear and consider any comments from
  the public. Opposed was Alvin 0autin of 2230 Sherin.
         Motion by Commissioner Spataro, second by Commissioner Schweiller to
   dose public hearing at 6:03pm and to create the special assessment district and
   appoint Commisssioner Larson and Commissioner Schweifler to the Board of
   Assessors by adoptrng the resolution.
         ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro
                     Nays: None
MOTION PASSED
               d. Create a Special Assessment District for Terrace, Irwin to Iona.
                  ENGINEERING
  SUMMARY OF REQUEST: To hold a public hearing on the proposed special
  assessment of the Terrace St, Irwin to Iona, and to create the special assessment
  district and appoint two City Commissioners to the Board of Assessors if it is
  determined to proceed with the project.
   FINANCIAL IMPACT: None at this time
  BUDGET ACTION REQUIRED: None at this time.
  STAFF RECOMMENDATION: To create the special assessment district and assign
  two City Commissioners to the Board of Assessors by adopting the resolution.
  COMMITTEE RECOMMENDATION:
  The public hearing opened at 6:07pm to hear and consider any comments from
  the public. Opposed was Marcus Crosby of 1357 Terrace Ave. Terry Koster from
  Child and Family Protective Services requested clarification of public access to
  building during construction. Mohammed AI-Shatel from Engineering responded.
        Motion by Commissioner Gawron, second by Commisssioner Schweifler to
  close public hearing at 6:11pm and to create special assessment district and
  assign two Commissioners to the Board of Assessors by adopting the resolution.
        ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Spataro, Warmington
                     Nays: None
MOTION PASSED
              e. Spreading of the Special Assessment Roll for Barney, Valley to
                 Roberts. ENGINEERING
  SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
  assessment roll for Barney Ave., from Valley to Roberts, and to adopt the resolution
  confirming the special assessment roll.
  FINANCIAL IMPACT: a total of $115,832.99 would be spread against the ten (10)
  parcels abutting the project.
  BUDGET ACTION REQUIRED: None at this time.
  STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
  resolution.
  COMMITTEE RECOMMENDATION:
   The public hearing opened at 6:14pm to hear and consider any comments from
   the public. There were no public comments made.
         Motion by Commissioner Spataro, second by Commissioner Gawron to close
   public hearing at 6:15pm and to approve the spreading of the special assessment
   roll and adopt the resolution confirming the special assessment roll.
        ROLL VOTE:    Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
                      Nays: None
MOTION PASSED
2002-33 UNFINISHED BUSINESS:
                a. Pension Ordinance Clarification (tabled 2-12-02). FINANCE
   SUMMARY OF REQUEST: Section l0(d) of the City's Police & Fire Retirement System
   ordinance provides that "a member who remains in the employ of the city but
   ceases to be a police officer or a firefighter shall remain a member of the
   retirement system for the duration of his City employment". This provision recently
   came into play when the former Fire Marshal assumed the position of Director of
   Inspections. The current ordinance does not, however, specify the benefits or
   contributions pertaining to an affected employee. Attached is a technical
   correction ordinance intended to address this matter. If provides that the
   contributions and benefits will be the same as if the member had not left
   employment with the Police or Fire Departments.
   FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None. The position was budgeted with the pension
  benefits accorded to a Fire Department position.
  STAFF RECOMMENDATION: Approval
          Motion by Commissioner Spataro, second by Commissioner Larson to table
  this item and refer to Legislative Policy Committee meeting and bring back with
  their recommendation.
        ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
                     Nays: None
MOTION PASSED
              b. Option to Purchase Buildable Large Vacant Lots in Jackson Hill
                 Neighborhood for Finlay Properties. Inc. for Senior Housing
                 Development. PLANNING & ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: To approve an option agreement between the City of
  Muskegon and Findlay Properties, Inc. for two large parcels of vacant land in
  Jackson Hill Neighborhood (designated as parcel numbers 24-205-020-0008-00
  and 24-205-0019-0012-20) as described as:
  Parcel No. 1: CITY OF MUSKEGON REVISED PLAT OF 1903 S 44 FT LOT 7 ALL LOT 8 & 9
  & THAT PART OF LOT 10 LYING W OF MCLAREN ST BLK 20 ALSO LOTS 2 & 3 BLK 21
  ALSO LOTS 4 & 5 BLK 22 S OF SUMNER AVE.
   Parcel No. 2: CITY OF MUSKEGON REVISED PLAT OF 1903 S 108.35 FT LOT 9 ALL LOT
   12 EXC N 99 FT OF E 132 FT OF LOT 12 BLK 19 ALSO THAT PART OF LOT 10 BLK 20
   LYING E OF MCLAREN
   FINANCIAL IMPACT: The sale of these lots for construction of a senior housing
   development will generate additional tax revenue for the City and will place the
   property back on the City's tax rolls thus relieving the City of continued
   maintenance costs.
   BUDGET ACTION RXEQUIRED: None
  STAFF RECOMMENDATION: To approve the resolution and to authorize both the
  Mayor and the Clerk to sign said option agreement.
  COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC)
  recommended approval of the sale of this property to Findlay Properties, Inc. for a
  senior housing development at their February 26, 2002 meeting.
        Motion by Commissioner Schweifler, second by Commissioner Spataro to
  approve the option agreement between the City of Muskegon and Findlay
  Properties, Inc., for two large parcels of vacant land in Jackson Hill Neighborhood
  described In the updated legal description and approve the resolution to
  authorize both the Mayor and the Clerk to sign said option agreement.
        ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson
                     Nays: None
MOTION PASSED
              c. Contract for Payments In Lieu of Taxes for Finlay Properties. Inc.
                 Housing Development - Jackson Hill. PLANNING & ECONOMIC
                 DEVELOPMENT
  SUMMARY OF REQUEST: A contract providing for payments in lieu of taxes for the
  Finlay Properties, Inc. development (see map) has been requested in accordance
  with Section 2-6 of the City Code of Ordinances. Members of Finlay Properties,
  Inc. have met with City staff, as well as members of the Jackson Hill Neighborhood
  Association. The Association has been very supportive of their project.
  FINANCIAL IMPACT: Payments under the contract are recommended to be four
  percent (4%) of the highest contract rents for all eligible units, whether occupied
  or not.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends that the City Commission approve
  the Contract and authorize the Mayor and Clerk to sign.
  COMMITTEE RECOMMENDATION: None.
        Motion by Commissioner Spataro, second by Vice Mayor Buie to approve
  contract providing for payments in lieu of taxes for the Finlay Properties, Inc.
  housing development, and authorize the Mayor and Clerk to sign contract.
          ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
                       Nays: None
2002-34 NEW BUSINESS:
                a. Arena Compressor Donation. LEISURE SERVICES
  SUMMARY OF REQUEST: To donate the old arena compressor to The Winter Sports
  Complex.
  FINANCIAL IMPACT: The City purchased the compressor for about $50,000.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMEDATION: Approve, pending determination of possible city use of
  the compressor.
  COMMITTEE RECOMMENDATION: Leisure Services Board recommends approval.
        Motion by Commissioner Larson, .second by Commissioner Spataro to
  approve the old arena compressor be leased to the Winter Sports Complex for the
  price of $1.00 (one dollar) per year, and that the Complex be responsible for the
  insurance and maintenance of the compressor.
         ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler
                       Nays: None
MOTION PASSED
                b. Tentative Agreement Reached with SEIU 517M. Unit 2. ASSIST ANT
                   CITY MANAGER
  SUMMARY OF REQUEST: Staff recommends approval of the set of tentative
  agreements reached with Unit 2 of the Service Employees International Union
  (SEIU) 517M on January 24, 2002. Tentative Agreements were ratified by the union
  at a meeting held last night, February 27, 2002.
  FINANCIAL IMPACT: The overall financial packet is little over 12% of payroll. The
  packet includes four major economic agreements.
  Wages:    Contract Years:     2002 2003 2004
                                3%    3%        3%
  Multiplier:   Increased from 2.1 % to 2.25% effective l /l /02
  Longevity:    Years of Service           §.        10   15   20    25
                % of Base Pay ($15,000) 2%           4%   6%   8%   · 10%
                Effective 1/1 /03
  Dental Plan: Increased Orthodontic Maximum from $1000 to $1500 effective l /1/02
  BUDGET CHANGE: None
  STAFF RECOMMENDATION: Staff recommends approval.
          Motion by Commissioner Spataro, second by Commissioner Schweifler to
     approve tentative agreements reached with Unit 2 of the SEIU 517M on January 24,
     2002.
             ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro
                        Nays: None
MOTION PASSED
                  c. Seaway Industrial Parle Development Agreement. CITY MANAGER
  SUMMARY OF REQUEST: To approve a development agreement with Robert
  Grooters Development Company for the sale of property in the Seaway Industrial
  Park and the creation of a Renaissance Zone for the project.
  FINANCIAL IMPACT: The City would receive income taxes from the development.
  The development would be exempt from property taxes if a renaissance Zone is
  created.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To approve the development agreement.
       City Manger stated there is no agreement at this time and no motion
  occurred.
                  d. Discussion and authorization for staff to appeal the decision by
                     Historic District Commission regarding the demolition of 1121 and
                     1129 Peck St. INSPECTIONS SERVICES
  SUMMARY OF REQUEST: These two properties were declared dangerous buildings
  by the Housing Board of Appeals in January and February 2002 respectively.
  Because these properties are located within a historic district, they were
  presented to the Historic District Commission for their concurrence on March 5,
  2002. The HDC denied the request to demolish or forward to the City Commission
  for your concurrence.
  Staff is requesting that City Commission discuss the issue and if it is found to be
  appropriate authorize staff to appeal the HDC decision to the State Historic
  Preservation Office and possibly 141h Circuit Court to overturn the decision.
  A copy of the file is attached for background information.             Other pertinent
  information includes the following:
 •     The city has boarded both structures on four occasions.
 •     The cost for rehabilitation is approximately $100,000 for each structure.
 •     Evidence was found in both structures that entry had been made and fires
       started in the fireplaces.
 STAFF RECOMMENDATION: Authorize staff through the City Attorney to pursue an
 appeal of the HDC decision.
       Motion by Commissioner Spataro, second by Commissioner Larson to
 authorize staff to pursue appeal of the decision by the Historic District Commission
 regarding the demolition of 1121 and 1129 Peck St.
         ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Spataro, Warmington
                     Nays: None
MOTION PASSED
2002-35 PUBLIC PARTICIPATION:
        Various comments were heard from local citizens.
2002-36 CLOSED SESSION: To discuss property acquisition.
         Motion by Commissioner Spataro, second by Commissioner Schweifler to go
  into closed session at 7:38pm to discuss pending litigation.
        ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
                    Nays: None
  MOTION PASSED
        Motion by Commissioner Schweifler, second by Vice Mayor Buie to return to
  open session at 8:14pm and proceed with the acquistion of the Mall parking lot.
        ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
                    Nays: None
  MOTION PASSED
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 8: 14 pm.
                                                     Respectfully submitted,




                                                    Gail Kundinger. CMC/ AAE
                                                    City Clerk
        Commission Meeting Date:          Mach 12, 2002




Date:      March 5, 2002
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Selection of Siding Contractors for fiscal year
           2002-2003


SUMMARY OF REQUEST: To accept Community and Neighborhood
Services department selections of three contractors for the siding
program during the 2002 - 2003 year. After reviewing all the bids
received, the department has selected the three lowest bidders at an
agreed upon price of $75.00 (seventy-five dollars) per square. Those
selected were Lewis Johnson Construction - Grand Haven, Cutting
Edge Construction - Muskegon Township and Gawlick Construction -
Fruitport Township.



FINANCIAL IMPACT: Funding will be disbursed from the 2002 - 2003
CDBG Paint and Siding fund.



BUDGET ACTION REQUIRED: None at this time.



STAFF RECOMMENDATION: To approve request.



COMMITTEE RECOMMENDATION: None
      Commission Meeting Date:             March 12, 2002




Date:       March 5, 2002
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department         W ·G
RE:         Selection of Siding Supplier for fiscal year 2002 -
            2003


SUMMARY OF REQUEST: To approve Community and Neighborhood
Services department selection of the vinyl siding supplier for fiscal year
2002 - 2003. After reviewing all bids, the department selected the
lowest bid by Premier Building Supplies located at 2151 S. Harvey -
Muskegon for the price of $37.50 (thirty-seven dollars and fifty cents) per
square for white and $38.64 (thirty-eight dollars and sixty-four cents) per
square for color.



FINANCIAL IMPACT: Funding will be allocated from the 2002 - 2003
Paint and Siding fund.



BUDGET ACTION REQUIRED: None required at this time



STAFF RECOMMENDATION: To approve the request



COMMITTEE RECOMMENDATION: None
         Commission Meeting Date:              March 12, 2002




Date:       March 5, 2002
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department        W ·G
RE:         Purchase of 503 Octavius


SUMMARY OF REQUEST: To approve the purchase of the property
located at 503 Octavius (City of Muskegon revised plat of 1903 N1/2 Lot
9 and S1/2 Lot 10 Block 149) from Bermunda LLC (formally known as
GMAS Mortgage) 4 Corporate, Shelton Connecticut for the price of
$4,500.

If approved, CNS will accept bids to rehabilitate the structure at 503
Octavius and later sold to a qualified low/moderate-income family which
would return the house to the tax roll and eliminate its blighting influence
on the neighborhood.

FINANCIAL IMPACT: Funding for the purchase and rehabilitation will be
deducted from the City's 2001- 2002 HOME funding.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the request.

COMMITTEE RECOMMENDATION: None
                             REAL ESTATE PURCHASE AGREEMENT
                                            2002-JO(d)
       THIS AGREEMENT is effective on 2-14-2002, by and between Bermuda LLC,
(formerly known as GMAC Mortgage) 4 Corporate Shelton Connecticut 06484, ("Seller"), and
the City of Muskegon, a Michigan municipal corporation, with offices at 933 Terrace Street,
Muskegon, l\tll 49442 ("Buyer").

        1. 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 located at 503 Octavius in the City of Muskegon, County of
    Muskegon, State of Michigan, and legally described as:

             City of Muskegon revised Plat of 1903 Nl/2 Lot 9 Sl/2 Lot 10 block

    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. Consideration and Manner of Payment. In exchange for a warranty deed from
    Seller to Buyer, Buyer shall pay $4,500 at closing, and shall tal,e the property in order to be
    used in the City's Neighborhood Revitalization program at a later date.
        3.
        4. Taxes and Assessments. All taxes and assessments due and payable at the time of
    Closing, including the December, 2000, and December, 2001, tax bill shall be paid by Seller
    prior to or at Closing. All taxes and special assessments that become due and payable after
    Closing, excluding the December 2001, tax bill shall be the responsibility of Buyer.

        5. Title Insurance. Buyer shall obtain a commitment for title insurance issued by
    Harbor Title, for an amount not less than the purchase price guaranteeing title on the
    conditions required herein. In the event the reservations, restrictions or easements ofrecord
    disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable,
    Seller shall have thirty (30) days from the date Seller is notified, in writing, of such
    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 (10) 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 owner's title policy shall be paid by Buyer.

         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



C:IWINDOWSITEMP\9U7887.DOC
    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 (30) 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. Personal Property and Fixtures. All personal property and fixtures, which Seller
    wishes to remove, shall be removed on or before Closing. Any personal property left on the
    Premises shall be the property ofBuyer, who may dispose of same.

        8. Environmental Matters. Seller represents and warrants to Buyer that Seller has not
    disposed of any hazardous or toxic substances on or in the Premises. Such representation and
    warranty shall be deemed to have been made again by Seller as of the Closing. Seller agrees
    to indemnify Buyer and hold it harmless from and against any and all claims, demands,
    liabilities, costs, expenses, penalties, damages, and losses, including, but not limited to,
    reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranty set
    forth in this paragraph, which representation and warranty shall survive the Closing.

         9. Condition of Premises and Examination by Buyer. No implied warranties of
    habitability, quality, condition, fitness for a particular purpose, or any other implied
    warranties shall operate between Seller and Buyer, and Buyer expressly waives any and all
    such implied warranties. Buyer understands and agrees that the premises is taken "as is,"
    subject to the express covenants, conditions and/or express warranties contained in this
    Agreement, also subject to the warranty of Seller that no hazardous substances have been
    placed on the premises. 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 except for express warranties.

        10. Real Estate Commission. Buyer acknowledges that it has not dealt with any real
    estate agents, brokers or salesperson regarding this sale, and no agent, broker, salesperson or
    other party is entitled to a real estate commission upon closing of this sale from the buyer.

        11. Closing. The closing date of this sale shall be on or before 60 days following the
    effective date of this Agreement ("Closing"). The Closing shall be conducted at the closing
    facilities of Harbor Title, 955 West Broadway, Muskegon, MI 49441, or at such other place
    as may be mutually agreed upon between the parties.

        12. Delivery of Deed. Seller shall execute and deliver a special warranty deed to Buyer
    at Closing for the Premises.

        13. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit
    of Title.




C:IWINDOWSITEMP\9U7887.DOC
        14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on
    the date of Closing.

        15. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
    required by law and to pay for the obtaining and recording of any instrument, which must be
    recorded to clear title to the extent, required by this Agreement, one-half of the closing fee,
    and the title insurance premium. Buyer shall pay for the cost of recording the warranty deed
    to be delivered at Closing and one-half of the closing fee. Each party shall pay their own
    attorney fees.

         16. 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 the 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.

               e. Successors. All terms and conditions of this Agreement shall be binding
        upon the parties, their successors and assigns.

                £ 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. This Agreement shall not be amended
        except by a writing signed by Seller and Buyer.


              i. Third-Party Beneficiaries. There are no third-party beneficiaries of this
        Agreement.



C:IWINDOWSITEMP\9U7887.00C
'.•



      WI'l'NESSP.S:                                          SELLER- GMAC Mortgage
                                                       ComultJng, a col:IISll.l111t1trr1
                                                                    G
                                                                    ()a Ct..
                                                       By_ _~-------M--
                                                         Jame.s R. Bric.ker, Its Representative
                                                          Vollmer Inc Realtor
                                                       On: ______,2002
                                                       By_ _ _ _~ - - - - -

                                                       On: -------->2002
                                                       BUYER: CIT\' OF MUSKEGON,
                                                       Michigan muni · al c:




      Prepared by:
      John C. Schrier
      PMmenter O'Tool.e
      175 W. Apple Avenue
      P.O. Box 786
      Muskegon,Ml 49443•0786
      Telephone! 23 t/722".S40J.




      Q:'1CN$\GrlfflnlW01Cl\803 O!M~IJl.doo




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   .----
Date:       March 12, 2002
To:         Honorable Mayor and City Commissioners
From:       City Clerk, Gail Kundinger
RE:         Request to Fly the Irish Flag.




SUMMARY OF REQUEST: The Irish American Society of Muskegon
requests permission to fly the Irish Flag outside City Hall on Saturday,
March 16, 2002.



FINANCIAL IMPACT: None



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION: Approval
February 27, 2002

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

Dear Sir,

The Irish American Society ofMuskegon requests permission to again fly
the Irish Flag outside the City Hall on Saturday, March 16, 2002, the day
before the feast day of St. Patrick, the patron Saint of Ireland.

We would like to gather at noon to raise the flag. The entire activity takes
approximately ten minutes.

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

Sincerely,

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




                                                        RECEIVED
                                                              FEB 2 8 2Q02
                                                               M USltl!UON
                                                            CltY MANAGER'S

                                                      --------·-~·- -
                                                                 OFF.IC~
                                 CITY OF MUSKEGON

                             FLAG PLACEMENT POLICY
                                        2001-139(b)
A.      Purpose

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

B.     City Control of Flag Placement.

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

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


C.     Review Process. The Procedure.

       l.     Request

              A request to fly a flag( s) must be submitted in writing to the City Clerk at
              least 30 days prior to when the flag is proposed to be raised. The request
              shall state in writing:

                      a.. All the reasons for the request.

                      b. Describe and display the flag, which shall not be changed in the
                      event permission is given.




G:\EDSI\FILES\00100\085011 \RESOLU1\9V6160.DOC
                        c. State the name, address, and the names and addresses of all the
                        officers, of the organization submitting the request. Indicate the
                        legal form of organization, and the name and address of the contact
                        person who shall be responsible for the flag's condition and
                        presentation.

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

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


        2.      City Staff Review

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

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

                       b.   The number of other flags already approved.

                       c.   The availability oflocations.

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

D.             City Commission Consideration and Decision.

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




G:\EDSI\FILES\0010010850 l l lRESOLU1\9V6160.DOC
E.      Grant by City Commission; Location and Term

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

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

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

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


F.     Flag Maintenance

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

G.     Revocation

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

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



G:\EDSI\FILES\00I00\085011 \RESOLUTl9V6 l 60.DOC
                                    2001-139(b)
                                  CERTIFICATION


This policy was adopted at a regular meeting of the City Commission, held on November
27, 2001. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.

                                   CITY OF MUSKEGON




                                                        0
                                   By____,,~CG~ru~'l~~~.K-~un~ilin~.~~-er-,C-1~.~~C~l~er~~~~'--"-----
 Affirmative Action
 (231)724-6703
 FAX: (231)722-1214

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

Cemetery Department
(231)724-6783
FAX: (231)726-5617

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

ClvllService
(231)724-6716
FAX: (231)7244405

Clerk
(231)724-6705
FAX: (231)724-4178            Jeanne L. O'Brien
Community and                 Irish American Society
  Neigh. Services
(231)724-6717
                              8985 Lakeshore Drive
FAX: (231)726-2501            West Olive, MI 49460
Computer Info.
  Systems                     Dear Ms. O'Brien:
(231)724-6744
FAX: {231)722-4301

Engineering Dept.
                              The City Commission met Tuesday, March 12, 2002, and approved your
(231)724-6707                 request to fly the Irish Flag outside City Hall on Saturday, March 16,
FAX: (231)727-6904
                              2002.
Finance Dept,
(231)724-6713
FAX: (231)724-6768            If you have any questions, please call me at (231)724-6705.
Fire Department
(231)724-6792                 Thank you,
FAX: (231)724-6985

Income Tax
(231)724-6770
FAX: (231)724-6768
                              Linda Potter
Inspection Services
(231)724-6715                 Deputy City Clerk
FAX: (231)728-4371

Leisure Services
(231)724-6704
FAX: (231)724-1196

Mayor's Office
(231)724-6701
FAX: (231)722-1:214

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

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

Public Works Dept,
(231)724-4100
FAX: (231)722-4188

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

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

Water Filtration
(231)724-4106
FAX: (231)755-5290
                        City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                   www.shorelinecity.com
                              AGENDA ITEM NO. _ _ __

                              CITY COMMISSION MEETING


TO:           Honorable Mayor and City Commission

FROM:         Department of Public Works

DATE:         March 6, 2002

SUBJECT:      Aggregates, Highway Maintenance Materials and Concrete


SUMMARY OF REQUEST:
Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid
Dustlayer, Inc.

Award bid to supply 20AA and 3 IA bituminous asphalt to Asphalt Paving, Inc.

Award bid to supply polymer modified anionic asphalt emulsion to Koch Materials Company.

Award bid to supply sylvax-patching material to Asphalt Paving, Inc.

Award bid to supply HI and H2 limestone chip blend to Verplank Trucking Company.

Award bid to supply road slag to Verplank Trucking Company.

Award bid to supply concrete to High Grade Concrete contingent upon product availability,
timely deliveries, and prices as quoted.

FINANCIAL IMPACT:
$149,670 based on 2001 usage at 2002 quotes.


BUDGET ACTION REQUIRED:
None; monies appropriated in several budgets.


STAFF RECOMMENDATION:


COMMITTEE RECOMMENDATION:
  A flirmal i\'l' Aclion
  23 I / 724-(,7113
  FAX/722- 12 1-1

  AssL·Ssur
  23 l/72H,708
  FAX/726-5 1RI

 Cl'ml'll'ry
 23 1/724-6783
 FAX/72(,-% 17

 C i\'il Sl'r \'in·
 23 I /72-1-67 I 6
 FAX/724--1055                                             West Michigan's Shoreline City
 Cieri<
 23 I1724-67IJ5
 FAX/72-1--1 178
                           To:            The City Commission Through The City Manager
                           From:          Robert H. Kuhn, Public Works Director
 Co111111. & Nrigh.
     Scn ·it ('S           Date:          March 6, 2002
 23 1/724-67 17            Subject:       Aggregates, Highway Maintenance Materials, and Concrete
 FA X/726-2511 1

 Eng inci:r ing
 23 I/72-1-6 707
 FAX/727-690-1             Requests for bids to provide road maintenance materials were solicited in The Chronicle and
 Financc-
                           from known vendors. It is recommended that the vendor in bold print supply Public Works
 23 I172-1-67 13           with product as needed in 2002. Moneys have been appropriated for these purchases.
 F,\ X/72-1-6768

 Fino De p t.
                           85,000 gallons Calcium Chloride 38% (road brine) ($0.39 in 2001)
 23 1/7H -6792
 FAX/72 -1-6985                   Liquid Dustlayer, Inc.      $0.39 per gallon, spread or delivered
 l11 cumcT:n
 23 1/724-6770             15,000 gallons Calcium Chloride 32% (winter salting) ($0.26 in 2001)
 FAX/724-6768
                                  Liquid Dustlayer Inc.       $0.34 per gallon, delivered (stored)
 Ju fo. Sy."i lclll S
 23 I /72 -1-67-14
 FAX/722-H OI              200 ton Bituminous Asphalt 4:12, 20AA MDOT spec ($35.00 in 2001)
 Lds url' Service
                                  Asphalt Paving, Inc.        $35.00 per ton, picked up
 23 I /72'1-6711-1
 FAX/72-1-1196
                           1,000 ton Bituminous Asphalt 4: 12, 3 lA MDOT spec ($35.00 in 2001)
i\ l anagc- r's O ffice           Asphalt Paving, Inc.          $35.00 per ton, picked up
23 1/72-1-6724
FAX/722- 12 1-1

i\layo r ':-. Office
                           15,000 gallons Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion)
23 I /72 -1-670 I          8.16.04 MDOT spec ($0.93 in 2001)
FAX/722- 12 14
                                  Koch                       $0.78 per gallon, pick up Grand Rapids
Nl'i~h. & C onst.
    Sc rv icL'S
23 1/724-67 15             500 ton Sylvax Patching Material, ASTM spec C-136-#9 ($59.00 in 2001)
FAX/7U,-2511 I
                                  Asphalt Paving, Inc.          $58.75 per ton, delivered
J>l a1111i11g/Zo11i11l!           Rieth-Riley Construction Co. $59.00 per ton, delivered
23 1/72-1-6 702
FAX/72-1-6790
                           500 ton Hl & H2 Limestone Chip Blend ($9.65 in 2000; none purchased in 2001)
Po lice DcpL
23 I /72-1-6750                   Verplank Trucking Co.     $9.88 per ton, delivered
F,\ X/7 22-51-10

P11l>lic \V urks           9,000 ton Road Slag 22-A Natural ($8.82 in 2001)
23 1/72-1--1 I 110
FAX/722--1 188
                                  Verplank Trucking Co.       $8.65 per ton, delivered
                                  Meeld1ofs Lakeside Dock $9.45 per ton, delivered
T reasurer
2J I /72-1-6720
FA X/72-1-6768             Concrete mix as needed (7 Sack Mix $71.73 in 2001)
Wale r Billing Dept.             High Grade Concrete Prod. $65.76 per cubic yard, 7 Sack Mix, delivered*
23 1/72-1-6 718
FAX/72-1-6768
                                 Port City Redi-Mix         $74.00 per cubic yard, 7 Sack Mix, delivered
                                 Consumers Concrete         $76.00 per cubic yard, 7 Sack Mix, delivered
\\'atl' r Fil traliu n
231 /72-1--1106
FAX1755-5290

                                      Depa rtm e nt of Public Wo rks , 1350 E. Kea tin g, M uskegon, Ml 49442
The City Commission Through the City Manager
Page 2
March 6, 2002

Calcium Chloride 38% (road brine)
       Year 2001 purchase 60,457 gal X $0.39 = $23,578
      Year 2002 bid        60,457 gal X $0.39 = $23,578

Calcium Chloride 32% (winter salting)
       Year 2001 purchase 4,022 gal X $0.26 = $1,046
       Year 2002 bid       4,022 gal X $0.34 = $1,367

Bituminous Asphalt 4: 12, 20AA MDOT spec
      Year 2001 purchase 88 ton X $35.00 = $3,080
      Year 2002 bid          88 ton X $35.00 = $3,080

Bituminous Asphalt 4: 12, 3 lA MDOT spec
      Year 2001 purchase 660 ton X $35.00 = $23,100
      Year 2002 bid           660 ton X $35.00 = $23,100

Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion) 8.16.04 MDOT spec
      Year 2001 purchase 13,004 gal X $0.93 = $12,094
      Year 2002 bid        13,004 gal X $0.78 = $10,143

Sylvax Patching Material, ASTM spec C-136-#9
       Year 2001 purchase 307 ton X $59.00 = $18,113
       Year 2002 bid        307 ton X $58. 75 = $18,036

HI & H2 Limestone Chip Blend
      Year 2000 purchase 418 ton X $9.65 = $4,034
      Year 2001 purchase 0
      Year 2002 bid       418 ton X $9.88 = $4,130

Road Slag 22-A Natural
      Year 2001 purchase        4,282 ton X $8.82 = $37,767
      Year 2002 bid             4,282 ton X $8.65 = $37,039

Concrete Mix (various densities utilized; 7 Sack Mix predominate and reflected here)
      Year 2001 purchase 444 cubic yards X $71.73 = $31,848
      Year 2002 bid*         444 cubic yards X $65.76 = $29,197

*Contingent upon product availability, timely deliveries, and prices as quoted.

(L/DPW/Bids/2002 Aggreg ... )
Date:        March 6, 2002
To:          Honorable Mayfr and City Commissioners
From:        Ric Scott   ~,11-·
RE:          Irrigation Parts Bids


SUMMARY OF REQUEST:
To purchase repair parts for our TORO irrigation systems


FINANCIAL IMPACT:
$10,028.68


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


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

Assessor
23 I /724-6708
FAX/726-5181

Cemetery
231 /724-6783
FAX/726-5617

Civil Service
231/724-67 I 6
FAX/724-4405                                        West Michigan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178
                      Date:         March 6, 2002
Comm. & Neigh.
     Services
23 I /724-6717
                      To:           Honorable       ~W' ~ City Commissioners
FAX/726-2501

Engineering
                      From:         Ric Scott      /7'~
231/724-6707          Re:           Irrigation Parts Bids
FAX/727-6904
                      The City of Muskegon has many miles of irrigation
Finance
231/724-6713
                      systems within the parks and cemeteries throughout the
FAX/724-6768          city. All of the systems are TORO. Annually we
Fire Dept.            purchase replacement parts for the systems. This year,
231/724-6792          the total cost of the replacement parts is $10,028,68.
FA X/724-6985

Income Tax
                      The only distributor of TORO parts in western Michigan
231 /724-6770         is Spartan Distributors. Consequently, we can't bid out
FAX/724-6768
                      the parts. Therefore, this is a sole source bid.
Info. Systems
231/724-6744          I am requesting authorization to purchase $10 ,028.68 of
FAX/722-4301
                      TORO irrigation parts from Spartan Distributors for our
Leisure Service       various irrigation systems. Money is budgeted within
231/724-6704
FAX/724-1196
                      the Parks and Cemetery budgets for this purchase.
Manager's O fnce      Thank you for your consideration .
231 /724-6724
FAX/722- 12 I 4

Mayor's Ofnce
23I/724-6701
FAX/722-1214

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

Plnnnlng/Zonlng
231 /724-6702
FAX/724-6790

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

Public Works
231/724-4100
FAX/722-4 188

Treasurer
231 /724-6720
FAX/724-6768

Waler Billing Dept.
231/724-6718
FAX/724-6768

Waler Filtration
231/724-4 106
FAX/755-5290


                            City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date:        March 12, 2002
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             2002 Sidewalk Replacement Program


SUMMARY OF REQUEST:
The 2002 Sidewalk Replacement contract be awarded to North River Excavating out of
Newaygo. North River was the lowest, see attached bid tabulation, responsible bidder
with a bid price of $207,730.28.


FINANCIAL IMPACT:
The construction cost of $207,730.28 plus related engineering expenses.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to North River Excavation



COMMITTEE RECOMMENDATION:
                                           engineer's estimate

          SIDEWALK PROGRAM 2002 H-1535                                          ENGINEER'S ESTIMATE
                            ITEM OF WORK                   UNIT   QUANTITY    UNIT COST   TOTAL PRICE
 1   BORROW FILL                                          CUYD           50        $15.00        $750.00
 2   CEMENT                                                TON           10      $150.00       $1,500.00
 3   CONCRETE CURB,6" X 14"                                L FT         100        $18.00      $1,800.00
 4   CONCRETE CURB & GUTTER, AS DIRECTED                   L FT          50        $20.00      $1,000.00
 5   CONCRETE DRIVE APPROACH, 6"                          SQYD          145        $27.00      $3,907.44
 6   CONCRETE SIDEWALK, 4"                                SQFT       42,708         $2.85    $121,716.38
 7   CONCRETE SIDEWALK, 6"                                SQFT        1,045         $3.35      $3,500.75
 8   CONCRETE SIDEWALK RAMP,TYPE I OR TYPE Ill            SQFT        1,890         $3.65      $6,898.50
 9   EXCAVATION                                           CUYD           74        $10.00        $740.00
10   REMOVING CONCRETE CURB                                LFT           50         $5.00        $250.00
11   REMOVING CONCRETE CURB & GUTTER                       LFT          172        $10.00      $1,720.00
12   REMOVING CONCRETE DRIVE APPROACH                     SQYD          145        $10.00      $1,447.20
13   REMOVING CONCRETE SIDEWALK                           SQFT       47,201         $1.30     $61,361.30
14   ROOT CUTTING FORS. W. INSTALLATION, 10"- 20" TREES   EACH          150        $25.00      $3,750.00
15   ROOT CUTTING FOR SW. INSTALLATION, 20"- 30" TREES    EACH          150        $50.00      $7,500.00
16   ROOT CUTTING FORS. W. INSTALLATION, TREES OVER 30"   EACH           50        $75.00      $3,750.00



     TOTAL                                                                                    $221,591.57
     Engineering Cost 20%                                                                       $44,318.31
     ESTIMATED PROJECT TOTAL                                                                  $265,909.88
                                                                   H-1535 SIDEWALK REPLACEMENT PROGRAM 2002

                                                                                           BID TABULATION
                                                                             E&K CONSTRUCTION OF
                                                                                   HOLLAND              JORDAN SMITH CONTRACTORS      NORTH RIVER EXCAVATING INC       LINK CONTRACTORS                MUSKEGON QUALITY BUILDERS

                            ITEM OF WORK                 UNIT   QUANTITY   UNIT COST     TOTAL PRICE    UNIT COST      TOTALPRJCE     UNIT COST      TOTAL PRICE    UNIT COST     TOTAL PRICE           UNIT COST          TOTAL PRICE

1 BORROW FILL                                            CUYD         50        $15.00        $750.00         $10.00        $500.00         $10.00        $500.00        $10.00        $500.00                    $5.60             $280.00

2 CEMENT                                                 TON          10       $170.00      $1,700.00        $100.00      $1,000.00        $125.00      $1,250.00       $110.00       $1,100.00                  $98.60             $986.00

3 CONCRETE CURB.El" X 14"                                LFT         100        $18.00      $1,800.00         $20.00      $2,000.00         $16.00      $1.600.00        $16.00       $1,600.00                  $15.34            $1,534.00

4 CONCRETE CURB & GUTTER, AS DIRECTED                    LFT          50        $20.00      $1,000.00         $25.00      $1,250.00         $16.00        $800.00        $18.00        $900.00                  $15.34              $767.00

5 CONCRETE DRIVE APPROACH, 6"                            SQYD        145        $28.00      $4,060.00         $27.00      $3,915.00         $50.00      $7,250.00        $24.00       $3,480.00                 $41.57             $6,027.65

6 CONCRETE SIDEWALK, 4"                                  SOFT     42,708         $2.39    $102,072.12          $2.75    $117,447.00          $2.56    $109,332.48         $2.60    $111,040.80                    $2.92       $124,852.57

7 CONCRETE SIDEWALK. 6"                                  SOFT      1,045         $3.05      $3,187.25          $3.00      $3,135.00          $9.00      $9,405.00         $3.10       $3,239.50                   $4.62           $4.827.90

8 CONCRETE SIDEWALK RAMP.TYPE l OR TYPE Ill              SOFT      1,890         $3,50      $6,615.00          $3.00      $5,670.00          $4.00      $7,560.00         $3.50       $6,615.00                   $2.93           $5,537.70

9 EXCAVATION                                             CUYD         74        $20.00      $1,480.00        $10.00         $740.00         $10.00        $740.00       $12.00         $888.00                    $6.72             $497.28

10 REMOVING CONCRETE CURB                                L FT         50        $16.00        $800.00          $6.00        $300,00          $6.00        $300.00        $5.00         $250.00                  $11.20              $560.00

11 REMOV!NG CONCRETE CURB & GUTTER                       L FT        172        $13.50      $2,322.00          $6.00      $1,032.00          $6.00      $1,032.00        $9.00        $1,548.00                 $13.44             $2,311.68

12 REMOVING CONCRETE DRIVE APPROACH                      SQYD        145        $15.00      $2,175.00          $1.50        $217.50         $10.00      $1,450.00       $10.00        $1,450.00                   $5.60             $812.00

13 REMOVING CONCRETE SIDEWALK                            SOFT     47,201         $1.58     $74,577.58          $1.45     $68,441.45          $0,80     $37,760.80        $1.25      $59,001.25                    $1.40           $66,081.40

14 ROOT CUTTING FORS. W. INSTALLATION. 10"· 20" TREES    EACH        150        $25.00      $3,750.00        $25,00       $3.750.00         $50.00      $7,500.00       $35.00       $5,250.00                  $11.20            $1,680.00

15 ROOT CUTTING FOR SW. INSTALLATION, 20"· 30" TREES     EACH        150        $50.00      $7,500.00        $35.00       $5,250.00         $75.00     $11.250.00       $50.00       $7,500.00                  $12.32            $1,848.00

16 ROOT CUTTING FORS. W. INSTALL.ATION. TREES OVER 30"   EACH         50       $100.00      $5.000.00        $45.DO       $2,250.00        $200.00     $10.000.00       $70.00       $3,500.00                  $13.44              $672.00




                                                                                                                                                                                                            .
   TOTAL                                                                                  $218,788.95    .              $216,897.95                   $207,730.28                  $207 862.55                                $219,21s:1s




                                                                                                                                                                                  SW2002   910 TABULATIONL.>:ls12/111/023:11 PM
                                                                           -·
FROM   NORTH RIVER EXCAVATING INC.         PHONE NO.      12318457170              Mar. 02 2002 10:52AM Pl




                  PHONE (231) 84~7H0.                                   FAX (231) ·1345-1,110:



                    Nl)l;ffll)ltfl)ff£4J"A•i, "71NC.                        •
                                      9918 North River Rd.
                                       Newaygo, Mlchlpn
                                                49337


                    Numilerof lNIIS I 3
                    Dalt: 03-04-02
                    Frvm I Don Mckay
                    To I Mohammad AI-Shatel
                    Carqiany, City of Muskegon
                    Sul,lla, 2002 Sidewalk Program




           Mohammad:
           I am so sorty that it took me so long to get this to you, I did not forget
           about it.. ... honestly. I would hope that with the cover letter, references,
           the knowledge that you have of my crew and myself and the well known
           subcontractor that we are going to use, that it would be enough to
           persuade the board of commissioners to award the contract.
           We would greatly appreciate any help you could give us in this matter.



                                                       S~iner~ ~
                                                        I   '
                                                        './t;YJ--IC
                                                       Don Mckay
                                                       North River Excavatino. Inc.
FROM   NORTH RIVER EXCAVATING INC.                PHONE NO.         12318457170                    Mar. 02 2002 10:53AM P2




          NORTH RIVER EXCAVAtlNG, _IN_C_._ _ _ _ _ _ _ __




           March 4, 2002



           City of Muskegon Board Members:

              We at North River Exca'l'ating, Inc. are honored to be considerod fur the 2002 sidewalk

           program. We are a 6 year old eotablished company with an excellent record of excavating,

           concrete and electrical work. We are prequalified witb. the Micliigan Department of

           Transportation and have a contract witb. !hem in the City of Muskegon to be completed

           in the laU of 2002. This contract includes, rttnovals, excavation, aggbase, concrete work

           and restoratlon items.

               The majority of the workers that wlll be on this project, although empl()yed by a different

           contractor at the time, have worked for the City before on contracts such as the 1996 sidewalk

           program, three different road projects on Laketon Avenue, road and sidewalk projects for

           the Cities of Muskegon Heights and North Muskegon. Our supervisor, Don Mckay has over

           thirty years experience in all phases of road, sewer and concrete work.

               At the time of the bid opening, we had not yet recieved all of the subcontractor quotes for

           this project. We would like to name E & K Construction Co. of Holland as our subcontractOr

           on this project.

               We at North River Excavating, Inc. take pride in being able to provide quality workmanship

           as per specilkations, within budget and on time. We thank. you for your consideration and look

           forward to working with the City of Muskegon on this project
FROM   NORTH RIVER EXCAVATING INC,
                                                                                                       -·
                                                PHONE NO.         12318457170                  Mar. 02 2002 10:53AM P3




          NORTH R_~VER EXCAVATING, INC.




          March 4, 2002


          Requested References.



          Kent Power Company
          90 Spring St.
          Kent City, Mi.                          800-743-5368

          Bob Davies                              616-240-3042
          Jim Davies                              616-550-5328
          Lynn Woolard                            616-437-0626


          Type of work preformed; Excavation, aggregate, concrete foundation and finish work, restoration.




          The Hydaker Wheatlake Company
          420 Roth
          P.O. Box 147
          Reed City, Mi.

          Dave Bradley                             231-206-5166
          John DeVol                               800-600-2258


          Type of work preformed: Excavation, aggregate, concrete foundation work and re,,'tOration.



          Gem Engineering

          Rob Johnson                              281-352-8244


          Type of work preformed: Excavation, a ~ , cona-ete slab and roundatlon work, electrial
                                  and restoration.
                  Commission Meeting Date: March 12, 2002




Date:         March 1, 2002
To:           Honorable Mayor and City Commissio~
From:         Planning & Economic Development ~
RE:                                                   -
              Rezoning request for property located at 565 Mulder Ave.
              and 557 McLaren St.


SUMMARY OF REQUEST:

Request to rezone property owned by the City of Muskegon, located at 565 Mulder
Ave. and 557 McLaren St., from R-1, Single-Family Residential and OSR, Open Space
Recreation to either RT, Two-Family Residential or RM-1, Low-Density Multiple-Family
Residential.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request, to rezone the property to RT.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request to rezone the
property to RT at their 2/28 special meeting. The vote was unanimous, with J.
Aslakson and M. Kleaveland absent.




3/1/2002
Date:       March 12, 2002
To:         Honorable Mayor and City Commissioners
From:       Gail A. Kundinger, City Clerk
RE:        Recommendation for Annual Renewal of Liquor
           Licenses




SUMMARY OF REQUEST: To adopt a resolution recommending non-
renewal of those liquor license establishments who are in violation of
Section 5-270 and 5-271 of the Code of Ordinance for the City of
Muskegon. These establishments have been found to be in non-
compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission. If any of
these establishments come into compliance by March 31, 2002, they will
be removed from this resolution, and recommendation for their renewal
will be forwarded to the Liquor Control Commission.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Adoption of the resolution.
   RESOLUTION RECOMMENDING STATE WITHHOLD
      RENEWAL OF LIQUOR LICENSES FOR CODE
                  VIOLATIONS

THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that
whereas, the following business establishments in the City of Muskegon have liquor
licenses and are found to be in violation of Article XIII, Section 5-270 and 5-271 of the
Code of Ordinances of the City of Muskegon:

                       SEE ATTACHED LIST OF VIOLATIONS

AND WHEREAS, a hearing was held on March 12, 2002, before the City Commission to
allow such licensees an opportunity to refute the determination of the City Commission
that such establishments are in non-compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City Commission; and

WHEREAS, an affidavit of mailing ofNotices of Hearing and Notification ofNon-
Compliance to City Standards to the licensees has been filed;

NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon hereby recommends that these liquor licenses not be approved for renewal,
and a copy of this Resolution be sent to the State Liquor Control Commission. If any of
these establishments come into compliance before March 31, 2002, they will be removed
from this Resolution.

Approved and adopted this 12'h day of March, 2002.


AYES:

NAYS:

ABSENT:




                                             By: _ _ _ _ _ _ _ _ _ _ _ _ __
                                                   Gail A. Kundinger, City Clerk
         BUSINESS               BUSINESS        OCCUPANCY REGISTRATION APPLICATION   MONEY   INCOME BUSINESS
           NAME                 ADDRESS           PERMIT       FEE        FORM        DUE      TAX    REG.
Rite Aid                    821 Apple                           X           X
Moose 491                   2330 Barclay                                               X
Beach St. Inn               1601 Beach                          X           X
Westside Inn                1635 Beidler                        X
Clover Bar                  817 Forest                          X           X          X
Harbour Towne Yacht Club    3425 Fulton                         X           X          X
Pat's Roadhouse             157 Getty                                                  X
Tom's Drink All             1500 Getty                          X           X
Pop-A-Top                   2185 Henry                          X           X          X       X
Daniels Concession          2300 Henry                                                         X
Dao Drop Inn                2410 Henry                          X           X                  X
Sardine Room                2536 Henry                                                 X
Lakeview Mart               1930 Lakeshore -                    X           X          X
Lakeshore Tavern            1963 Lakeshore                      X           X
Lakeside Pharmacy           1965 Lakeshore                      X           X
Sorrento's USA Cafe         2020 Lakeshore                      X           X          X
H &J                        939 E Laketon
Cuti's Sports Bar & Grill   677 W Laketon                       X           X          X
The Sand Bar                1031 W Laketon                      X           X
Docker's                    3505 Marina View                                           X
H & J/Kwik-Way              45 E Muskegon           X                                                  X
Brutters                    978 Pine                X                                  X       X
Pulaski Lodge               871 Pulaski                                                X
Super Stop                  2390 Sherman                                               X
Applebees of Ml             1825 E Sherman                      X           X
Someplace Else              1508 W Sherman                                             X
Rafferty's Restaurant       601 Terrace Point                                          X
Muskegon Family Foods       1157 Third                                                 X
Racquets                    446 W Western                                              X

X represents in violation
   RESOLUTION RECOMMENDING STATE WITHHOLD
      RENEWAL OF LIQUOR LICENSES FOR CODE
                  VIOLATIONS

THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that
whereas, the following business establishments in the City of Muskegon have liquor
licenses and are found to be in violation of Article XIII, Section 5-270 and 5-271 of the
Code of Ordinances of the City of Muskegon:

                       SEE ATTACHED LIST OF VIOLATIONS

AND WHEREAS, a hearing was held on March 12, 2002, before the City Commission to
allow such licensees an opportunity to refute the determination of the City Commission
that such establishments are in non-compliance with the City Code of Ordinances and
renewal of their liquor licenses should not be recommended by the City Commission; and

WHEREAS, an affidavit of mailing of Notices of Hearing and Notification ofNon-
Compliance to City Standards to the licensees has been filed;

NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of
Muskegon hereby recommends that these liquor licenses not be approved for renewal,
and a copy of this Resolution be sent to the State Liquor Control Commission. If any of
these establishments come into compliance before March 31, 2002, they will be removed
from this Resolution.

Approved and adopted this 12th day of March, 2002.


AYES: Spataro, Warmington, Buie, Gawron, Larson, Schweifler

NAYS: None

ABSENT: Shepherd




                                             By:_ _ _ _ _ _ _ _ _ _ _ __
                                                  Linda Potter, Deputy City Clerk
         BUSINESS               BUSINESS        OCCUPANCY REGISTRATION APPLICATION   MONEY   INCOME
           NAME                 ADDRESS           PERMIT       FEE        FORM        DUE      TAX
Rite Aid                    821 Apple                           X           X
Harbour Towne Yacht Club    3425 Fulton                         X
Lakeside Pharmacy           1965 Lakeshore                      X           X
H & J/Kwik-Way              45 E Muskegon           X
Brutters                    978 Pine                X                                 X        X
Someplace Else              1508 W Sherman                                            X
Rafferty's Restaurant       601 Terrace Point                                         X

X represents in violation
                             AFFIDAVIT OF MAILING


I, Linda S. Potter, being duly sworn, deposes and says that I am the Deputy City Clerk of
the City of Muskegon, State of Michigan; and that on March 12, 2002, the City
Commission will meet to hear objections to adoption of a resolution to recommend to the
State Liquor Control Commission that liquor license holders who are not in compliance
with City Codes be considered for non-renewal of their liquor licenses.

A notice of this hearing was sent to each license holder who was not in compliance on
March 5, 2002. This notice was mailed by first class mail, certified, with return receipt
requested, to each license holder.

Dated this 5th day of March, 2002.



                                                     Linda Potter
                                                     Deputy City Clerk
                                  CERTIFICATION


This resolution was adopted at a regular meeting of the City Commission, held on March
12, 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




                                   By_~--------------
                                           Gail A. Kundinger, City Clerk
                                                                               -·




Date:         March 12, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Wilson Ave., Henry to Dowd




SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Wilson Ave., Henry to
Dowd, and to create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

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



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                  Resolution No. 2002-32( tll


               Resolution At First Hearing Creating Special Assessment District
            For Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd
                    Location and Description of Properties to be Assessed:
                           See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on March 12, 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 March 12, 2002, there were 14. 81 % 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        Schweifler                       and _ _. ;. Sp""""a--'-'t_a_r_o_ _ _ _ __
       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 43.3% 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 SDataro, Warmington, Buie, Gawron, Larson, Schweifler


       Nays None



                                                              CITY OF MUSKEGON


                                                              By                           J
                                                                    Gail A. Kundinger, Cler


                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 12, 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.
                                        EXHIBIT A


                         Wilson Ave., Henry St. to Dowd

                          SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Wilson from Henry St. to 75' W. of the Westerly R-0-
                                        W of Dowd
1...-L,.....L..,....,,-::-:::-:':'--'--
                L~RCH
                                            z..------~~
                                                AVENUE
                                                                                                                 I                            11



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                     AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON)

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

             H-1523, WILSON, DOWD TO HENRY STREET


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 1ST DAY OF     RCH 2002.

                                              0.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
  I l/-ll DAy OF mar  C, 6       '2002.


NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY COMMISSION EXPIRES       f-   ~ 0.- -0 ~
                                                                           -·



                            ENGINEERING FEASIBILITY STUDY

                                                For

                                 WILSON, HENRY TO DOWD


The proposed new construction on Wilson between Henry & Dowd, see attached location map,
was initiated by the City due to the following reasons:

1. That section of Wilson is gravel, therefore, in keeping with the City's goals of eliminating all
   gravel roads made this road a leading candidate for roadway construction.
2. The need to reduce maintenance cost associated with upkeep of the gravel road
3. Enhance the appearance of that area

The combination of the above reasons makes the selection of this street for improvements an
ideal one.

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 $135,000
with the length of the project being approximately 1300 lineal feet or 1606 of assessable front
footage. This translates into an estimated improvement cost of $84 per assessable foot. The
assessment figures will be at a cost not to exceed $36.35 per assessable foot as established in the
2002 Special Assessment for this type of improvement.
                                      -·
• MUSKEGON COUNTY
•M                          C     H                  G     A      N
                                                                         173 E. APPLE AVE., BUILDING C, MUSKEGON, MICHIGAN 49442
                                                                                                                     (231) 724-6386
                                                                                                                FAX (231) 724-1129




•       BOARD OF COMMISSIONERS
                                                                                                EQUALIZATION DEPARTMENT




•       Kenneth J. Hulka, Chair
        Bill Gill, Vice Chair
        Paul Baade




•
        Douglas Bennett
        Nancy G. Frye
        James J. Kobza
        Louis McMurray
        Tony Moulatsiotis
                                                                             February 27, 2002
        Clarence Slarl   Mohammed Al-Shatel, City Engineer
•
                         933 Terrace Street



•I
                         Muskegon, Ml 49443


                         Mr. Al-Shatel:
                         In accordance with your request, I have examined the proposed special
I                        assessment district entailing the new construction of Wilson Avenue located
                         between Henry Street and Dowd Street. The purpose of this analysis is to
                         document the reasonableness of this special assessment district by identifying
I                        and quantifying any accrued benefits. It is subject to the normal governmental
                         restrictions of escheat, taxation, police power and eminent domain. The effective
I                        date is February 27, 2002.
                         In conclusion, it is my opinion that the special assessment amounts justly and
I                        reasonably represents the accrued benefits to the properties encompassed by this
                         project. The amounts reflect the sum of the immediate estimated value
                         enhancement and the intrinsic value that will accrue from an overall increase in
I                        property values due to an improved quality of life created by the proposed
                         project. As previously presented, the proposed special assessment district
I                        encompasses a mixture of properties, but the front foot rate of$ 36.35 appears
                         reasonable in light of analysis that indicates a probable enhancement of$ 37.61.
                         The conclusions are based upon the data presented within this limited analysis in
I                        restricted format, and on supporting information in my files.

I                        Scerely,
                          E'
                                  Q~
                                      d--.       .       )J(/


I                        l rry Groeneveld, CMAE 3
                         Senior Appraiser

    I
    I                                        TDD (231) 722-4103 • An EEO I ADA I AA Employer
                                                              recycled paper
                       -·                                                 -·
.   '


        March 1st, 2002




        OWNERS NAME
        OWNERS ADRESS
        MUSKEGON, Ml 49441                       2

        Parcel Number 24-XXX-XXX-XXXX-XX: at XXXX WILSON

                            NOTICE OF HEARING ON SPECIAL ASSESSMENT

        Dear Property Owner:

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

                                        Wilson, Dowd to Henry St.

        The proposed special assessment district will be located as follows:

          All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W ROW of
                                          Henry Street.

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

                                             Public Hearings

        An initial public hearing to consider the creation of a special assessment district will be ·
        held at the City of Muskegon City Commission Chambers on March 12th. 2002 at 5:30
        P.M. You are encouraged to appear at this hearing, either in person, by agent or in
        writing to express your opinion, approval, or objection concerning the proposed special
        assessment. We are enclosing a Hearing Response Card for you to indicate your
        agreement or opposition to the special assessment. This card includes the property
        identification and description, assessable footage per City policy, and the estimated cost
        of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
        your response card to the City Clerk. Written objections or appearances must be made
        at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
        OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
        THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
        ASSESSMENT.

                                                                                                    2
                                     -·                                     -·        -·
   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 $135,000.00 of which
   approximately 43.3% ($58,397.73) will be paid by special assessment to property
   owners. Your property's estimated share of the special assessment is shown on the
   attached hearing response card. The remaining costs will be paid by the City.

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

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

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

    Sincerely,


              i         ,      .·   ''(
 .· . .1~~/ 1 ,-,, ~       et:.U--1<~
. I
      Mohammed AI-Shatel, P.E.
      City Engineer
                                                          -·                             -·
                                  SPECIAL ASSESSMENT
                              HEARING RESPONSE CARD
                                  To have your vote count, please
                    Return This Card     By March 12th, 2002
   Project Title:           Wilson, Dowd to Henry St.
   Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
                        ROW of Henry Street.


   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:                          996              WILSON AVE
   Parcel Number                              24-665-000-0489-00
   Assessable Frontage:                       62.8        Feet
   Estimated Front Foot Cost:                 $36.35      per Foot
   ESTIMATED TOTAL COST                       $2,282.78
    Property Description
   CITY OF MUSKEGON
   ORCHARD GROVE ADDITION
   LOTS 489 & 490



                                       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
                                                                                                     31
        Thank you for taking the time to vote on this important issue.
                                                                          -·                                            -·
                                                                    CITY OF MUSKEGON
                                                     .-,1-•::"_,(Jl,t JI
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                            CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
.     .                                      ---- - - - - - - - - - - - -                               ----------            -   -   ---   - - - - ----- - ---



    Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _,Social Security# _ _ _ _ _ __
    Spouse:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security#
                                                                                                                                      ----   -      .
    Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ P,hone: _ _ _ _ _ _ _ _ _ _ _ _.Race:
    Parcel # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _O.wner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
                                                                                                                              -------
    (Please refer to your assessment letter for this information)
    Number Living in Household: _ _ _ _ _.List information for household members besides owner/spouse here.
    Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,Birthdate_ _ _ _ _ _ _ _.Social Security# _ _-_ _. _ _
    Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,Birthdate                                                                   Social Security# _ _•_ _•_ _
    Name                                                             Birthdate                                         Social Security# _ _-_ _. _ _
    Name                                                             Birthdate._ _ _ _ _ _ __




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

                                                                                               Wage earner:

                                                                                                   Wage earner:

                                                 Total:             $_ _ _ __




    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.


     APPROVED ( )           DENIED ( )          DATE _ _ _ _ CENSUS TRACT NO. _ __

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


     COMMENTS/REMARKS
                                                           **ATTENTION APPLICANT**
           Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                                                                                  -·
                      Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
Improvements may pay their assessment In the following ways:
I.   Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

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

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

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

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

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

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

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

     •   Be a citizen of the U.S.

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

     •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
               -·

                                         CITY OF MUSKEGON
                                     NOTICE OF PUBLIC HEARINGS
                                   SPECIAL ASSESSMENT DISTRICTS

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

             Sherin St., Lakeshore Dr. to Miner
             Terrace St., Irwin to Iona
             Wilson Ave., Henry St. to Dowd

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

•   All parcels abutting Sherin St., from Lakeshore Dr. to Miner &
•   All parcels abutting Terrace St., from Irwin to Iona &
•   All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd

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 March 12, 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:          March 2, 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                        H-1523
NEW CONSTRUCTION                        HEARING DATE          March 12th, 2002

                                   Wilson, Dowd to Henry St.
24-365-000-0007-00         WERLING KENNETH             ASSESSABLE FEET:              49.47
                           2110 DOWD ST                COST PER FOOT:               $36.35
@    2110      DOWD ST     MUSKEGON     Ml 49441       ESTIMATED P.O. COST:   I   $1,798.23 1




24-365-000-0008-00         JOHNSON HELEN M             ASSESSABLE FEET:              50.07
                           949 WILSON AVE              COST PER FOOT:               $36.35
@        949   WILSON AV   MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $1,820.04 1




24-665-000-0014-00         PEARSON JOHN H ET AL        ASSESSABLE FEET:               48.9
                           2083 HENRY ST               COST PER FOOT:                $36.35
@   2083       HENRY ST    MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I   $1,777.52 1




24-665-000-0016-00         TISCH MATTHEW LNICKI        ASSESSABLE FEET:               48.9
                           1907 MCILWRAITH ST          COST PER FOOT:               $36.35
@   2107       HENRY ST    MUSKEGON      Ml 49442      ESTIMATED P.O. COST:   I   $1,777.521




24-665-000-0103-00         HOLT MICHAEL/CATHI          ASSESSABLE FEET:               32.7
                           160 JOHN AVE                COST PER FOOT:               $36.35
@        841   WILSON AV   MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I   $1.188.65 1




24-665-000-0104-00         VAN DONKELAAR WILFORD JR/ ASSESSABLE FEET:                   80
                           829 WILSON AVE            COST PER FOOT:                 $36.35
@        829   WILSON AV   MUSKEGON       Ml 49441   ESTIMATED P.O. COST:     I   $2,908.00 1




24-665-000-0106-00         DAHLGREN BESSIE             ASSESSABLE FEET:                 40
                           834 WILSON AVE              COST PER FOOT:               $36.35
@        828   WILSON AV   MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $1.454.oo 1




3/5/02                                                                            Page 1 of 5
                                   -·
NEW CONSTRUCTION                        HEARING DATE           March 12th, 2002

                                   Wilson, Dowd to Henry St.
24-665-000-0107-00         DAHLGREN BESSIE             ASSESSABLE FEET:                 40
                           834 WILSON AVE              COST PER FOOT:                $36.35
@        834   WILSON AV   MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $1,454.oo 1




24-665-000-0108-00         CITY OF MUSKEGON            ASSESSABLE FEET:               32.7
                                                       COST PER FOOT:                $36.35
@        846   WILSON AV                               ESTIMATED P.O. COST:   I   $1,188.65   I


24-665-000-0133-00         SHREVE BERNARD              ASSESSABLE FEET:               50.8
                           854 WILSON AVE              COST PER FOOT:                $36.35
@        854   WILSON AV   MUSKEGON       Ml   49441   ESTIMATED P.O. COST:   I   $1,846.58 1




24-665-000-0135-00         ZAVITZ SHIRLEY A/ZAVITZ RICH ASSESSABLE FEET:                60
                           866 WILSON AVE              COST PER FOOT:               $36.35
@        866   WILSON AV   MUSKEGON       Ml   49441   ESTIMATED P.O. COST:   I   $2,181.001




24-665-000-0136-00         FELCOSKIE ROBERT W          ASSESSABLE FEET:                 60
                           865 WILSON AVE              COST PER FOOT:                $36.35
@        865   WILSON AV   MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $2,181.00 1




24-665-000-0138-00         MAYNARD CHARLES W/JULIANN ASSESSABLE FEET:                 50.8
                           855 WILSON AVE              COST PER FOOT:                $36.35
@        855   WILSON AV   MUSKEGON       Ml   49441   ESTIMATED P.O. COST:   I   $1,846.58 1




24-665-000-0223-00         LAUDE GARYF                 ASSESSABLE FEET:              107.8
                           879 WILSON AVE              COST PER FOOT:                $36.35
@        879   WILSON AV   MUSKEGON       Ml   49441   ESTIMATED P.O. COST:   I   $3,918.53 1




3/5/02                                                                            Page 2 of 5
-·                                                                                        -·
     NEW CONSTRUCTION                       HEARING DATE           March 12th, 2002

                                        Wilson, Dowd to Henry St.
     24-665-000-0226-00       KUZMA JOSEPH/MICHELLE        ASSESSABLE FEET:              107.8
                              882 WILSON AVE               COST PER FOOT:               $36.35
     @        882   WILSON AV MUSKEGON       Ml 49441      ESTIMATED P.O. COST:   I   $3,918.53 1



     24-665-000-0253-00       CIHOS STANLEY                ASSESSABLE FEET:                 62
                              900 WILSON AVE               COST PER FOOT:               $36.35
     @        900   WILSON AV MUSKEGON       Ml 49441      ESTIMATED P.O. COST:   I   $2,253.70     1




     24-665-000-0255-00       BRUCKBAUERLEONARD            ASSESSABLE FEET:                 39
                              912 WILSON AVE               COST PER FOOT:               $36.35
     @        912   WILSON AV MUSKEGON       Ml 49441      ESTIMATED P.O. COST:   I   $1,417.65     1




     24-665-000-0256-00      JENSEN MICHAEL P              ASSESSABLE FEET:                 39
                             911 WILSON AVE                COST PER FOOT:               $36.35
     @        911   WILSONAV MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $1,417.651




     24-665-000-0257-00         ZUIDEMA JEFFERY/LINDA C    ASSESSABLE FEET:                 62
                                2119 KINSEY ST             COST PER FOOT:                $36.35
     @   2119       KINSEY ST   MUSKEGON       Ml 49441    ESTIMATED P.O. COST:   I   $2.253_70     1




     24-665-000-0343-00       BRUCKBAUER DANIEL P          ASSESSABLE FEET:               46.5
                              2118 HUDSON ST               COST PER FOOT:               $36.35
     @   2118       HUDSON ST MUSKEGON      Ml 49441       ESTIMATED P.O. COST:   I   $1,690.28 1




     24-665-000-0345-00       BOLEMA LONNIE                ASSESSABLE FEET:               58.5
                              919 WILSON AVE               COST PER FOOT:                $36.35
     @        919   WILSON AV MUSKEGON       Ml 49441      ESTIMATED P.O. COST:   I   $2,126.48 1




     3/5/02                                                                           Page 3 of 5
                                                 -·
NEW CONSTRUCTION                        HEARING DATE            March 12th, 2002

                                   Wilson, Dowd to Henry St.
24-665-000-0346-00       TENBRINK BRAD D/MARY A        ASSESSABLE FEET:                   39
                         920 WILSON AVE                COST PER FOOT:                 $36.35
@        920   WILSON AV MUSKEGON       Ml 49441       ESTIMATED P.O. COST: I      $1,417.65 l




24-665-000-034 7-00      PRESTON HAROLD M              ASSESSABLE FEET:                   66
                         2090 HUDSON ST                COST PER FOOT:                $36.35
@   2090       HUDSON ST MUSKEGON      Ml 49441        ESTIMATED P.O. COST: I      $2,399.10 1




24-665-000-0373-00         GILL NORMA                  ASSESSABLE FEET:                 26.8
                           944 WILSON AVE              COST PER FOOT:            $36.35
@        944   WILSON AV   MUSKEGON       Ml   49441   ESTIMATED P.O. COST:I~_ _$_9_74_.1_8_.l




24-665-000-037 4-00        GILL NORMA                  ASSESSABLE FEET:                   39
                           944 WILSON AVE              COST PER FOOT:                 $36.35
@        950   WILSON AV   MUSKEGON       Ml   49441   ESTIMATED P.O. COST: I      $1,417.65 1




24-665-000-0375-00         PIKAART TERRY L             ASSESSABLE FEET:                   39
                           11755 SAND RD               COST PER FOOT:                $36.35
@        956   WILSON AV   MONTAGUE      Ml    49437   ESTIMATED P.O. COST:   I    $1,417.651




24-665-000-0466-00       EVANS PAULINE R               ASSESSABLE FEET:                   39
                         968 WILSON AVE                COST PER FOOT:                $36.35
@        968   WILSON AV MUSKEGON       Ml     49441   ESTIMATED P.O. COST: I      $1,417.651




24-665-000-0467-00       LINK MARCUS A                 ASSESSABLE FEET:                   39
                         1960 S MILL IRON RD           COST PER FOOT:                 $36.35
@        972   WILSON AV MUSKEGON        Ml 49442      ESTIMATED P.O. COST: I      $1,417.65 1




3/5/02                                                                              Page 4 of 5
NEW CONSTRUCTION                            HEARING DATE            March 12th, 2002

                                     Wilson, Dowd to Henry St.
24-665-000-0468-00         SCHAALLEMA TERRI                ASSESSABLE FEET:                  26.2
                           976 WILSON AVE                  COST PER FOOT:             $36.35
@        976   WILSON AV   MUSKEGON       Ml 49441         ESTIMATED P.O. COST: ~I_ _$_9_52_.3_7_,I




24-665-000-0489-00         GROGAN THOMAS                   ASSESSABLE FEET:                  62.8
                           996 WILSON AVE                  COST PER FOOT:                  $36.35
@        996   WILSON AV   MUSKEGON       Ml 49441         ESTIMATED P.O. COST:    I    $2.2a2.78 1




24-665-000-0491-00         SKLENAR CATHERINE               ASSESSABLE FEET:                  62.8
                           2111 DOWD ST                    COST PER FOOT:                  $36.35
@   2111       DOWD ST     MUSKEGON     Ml 49441           ESTIMATED P.O. COST:    I    $2,282.78      1




SUM OF ASSESSABLE FOOTAGE:            1606.54     SUM OF ESTIMATED P.O. COST:          $58,397.73   I
TOTAL NUMBER OF ASSESSABLE PARCELS     31




3/5/02                                                                                   Page 5 of 5
                                                         -·

                                SPECIAL ASSESSMENT
                            HEARING RESPONSE CARD .
                                To have your vote count, please
                   Return This Card By March 12th, 2002

Project Title: .          Wilson, Dowd to Henry St.
Project Descript_
                ion: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
                     ROW of Henry Street.


-INSTRUCTIONS
ii you wish-to have your vvriUe,', \1ote included as part of the tabulation 0f votes fon,vard~d ta
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:                           2083           HENRY ST
Parcel Number                               24-665--000-0014-00
Assessable Frontage:                        48.9         Feet
                                                                             RECEIVED
Estimated Front Foot Cost:                  $36.35       per Foot
                                                                                MAR _.0 5 2002
ESTIMATED TOTAL COST                        $1,777.52
                                                                           City Clerks Otr,ce·
 Property Description ·
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
LOTS 14 AND 15
                                               .   ,-,

                                     Your vote COUNTS!



   IAMINFAVOR         ~                                         IAMOPPOSED          •
 Please vote either in favor or opposed to the Speci~I Assessment Street Paving Project.
                                      SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD
                                      To have your.vote count, please _
                       Return This Card By March 12th, 2002

   Project Title:             Wilson, Dowd to Henry St.
   Project Description: All parcels abutting Wilson from 75' Wof westerly ROW of Dowd to W
                        ROW of Henry Street                      -          ·      ·



   INSTRUCTIONS -
  .• if y'ou VviSh fo.have-joui 1/vrltteh' Vote.iricludcd  as     cf
                                                          p~rt th~ tabi.i:atlbi--i cif \idi~;:, fo'ivi~i'ded tu.·
     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 $eal the form with a small piece of tape or staple prior to maiiing.

   Assessment Information
   Property Address:                                                 HUDSON      ST
   Parcel Numper                                    24-,6?5-000~0343-00
                .··,
   Assessable Frontage:                             46.5         Feet -                  RECEIVED
   Estimated Front Foot Cost:                       $36.35       per Foot
                                                                                            MAR_0 5 2002
   ESTIMATED TOTAL COST                             $1,690.28
                                                                                       City Clerks
                                                                                            .    _ 0 tt,ce
    Property Description
   CITY OF MUSKEGON
   ORCHARD GROVE ADDITION ·
   LOT_34j ·
   & W 1/2 LOT 344
   ALSON 10 FT OF W 58.5 FT LOT 342
                                           Your vote COUNTS!



                           m
    Ple·a se vote either in favor or opposed to the Special Assessment Street Paving Project.

        I AM IN FAVOR                                                     I AM OPPOSED           •
Owner
Signature
Address
                                                                                                                    6
        Thank you for taking the time to vote on this important issue.
                                                 SPECIAL. ASSESSMENT

                                         HEARING RESPONSE CARD
                                                 To have your vote count, please

                            Return This Card By March· i 2th, 2002

      Project Title:                 Wilson, Dowd to Hanry St.
      Project Description: AU parcels abutting Wilson from 75' 1/V of westerly R01N of Dowd to W
                           ROW of Herny Street.


      INSTRUCTiONS
                                                                                        -
         ~                       ~   .                        .  -. .    .
      1f vr-.i, v-.ri::~h ·lo hr1,,(~ vo1.1r \Mritt8n \/Ote inr.!uded as can of the t·~b~.:r~tkJn.o'f
                                                                             :
                                                                             '          '     ..  - ·.
                                                                                                      votes fr'!rV.Jardad·to
      the City Commission for the scheduled public he,Hing, 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 re·,erse side is
      showing. 8e sure to seal the form with a.small piece of tape' or staple prior to maiiing.

      AsSE1ssJ"Wiri(inforinaffon·••·
      p/~peitf~{cldres·s:-.,,,.. ,,.,, •· .... ·. -. " ,.., .. , ,,, ,9:Z:6 , ,;,-,, ,,.w11::soN AVE"'    ..',;;,.,
                                                                                1
                                             - .. -~------ ., -· --~
      Pare&! Number
                                                       ,,
                                                                     · • .. 24:665-(icic1::c,4i31,i~do
      Assessable Frontage:                                    26.2               Feet              RECEIVED-
      Estimated FrontFootCost:                                $31:i.35           per Foot
                                                                                                         MAR O6 2002
      ESTIMATED TOTAL.COST                                   $952.37
                                                                                                   City Clerks Office
       Property Description
      CITY OF MUSKEGON
      ORCHARD GROVE ADDITION
      !/)T 4R.$




                                                     Your vote COUNTS!



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

                                                                                            I AM OPPOSED               ~

- - - - - - = , . , - - , - - - - , , < - - -7   ~~c=··""'"""·;i/.&,m==tJJ=•. :. -'-",~ - - - - - - -

                                                                      Signature - - - - - -
                                                                      Address
                                                                                                                      ·-----
                                                                                                                               30
             Thank you for taking the time to vote on this important issue.
                                 SPECIAL ASSESSMENT
                             HEARING RESPONSE CARD
                                 To have your vote count, please
                  Return This Card By March 12th, 2002

 Project Title:            Wilson, Dowd to Henry St.
 ProjectDescription: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
                     ROW of Henry Street.


. INSTRUCTIONS
If ~10u wish to have your written votA included as part of the tabulation of votes forwarded t,.:i
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:                           2090          HUDSON ST
 Parcel Number                               24-665-000-0347-00
Assessable Frontage:                         66         Feet          RECEIVED
Estimated Front Foot Cost:                   $36.35     per Foot       MAR 06 2002
ESTIMATED TOTAL COST                        $2,399.10
                                                                   City Clerks Ott1ce
 Property Descrip_tion
· CITY OF MUSKEGON
  ORCHARD GROVE ADDITION
 l_ OT$ ~4 7 8. 34~



                                      Your vote COUNTS!



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

                                                                I AM OPPOSED        0


     Thank you for taking the time to vote on this important issue.
                                          SPECIAL ASSESSl\:iri:NT
                                  HEARING HESPONSE··-·:~ARL
                                  ---·----·--          '-·•--·----
                                         To have your vote count., piec:t,;,.

                      Return This Card By March 12th, 200:;:

Project Title:                 VVilson, Dowd to Henry St.
Project Description: All par,:;els abutting Wilson from 15' Vv of west':::;yr;.,:,vv of Dowd to I/If
                               ROW
                            of Henry Street.              ·                 ' ·



INSTRUCTION$,
If vo: 1 \~ish to ha 11s \iour Vlfittf~n. vo:t.3 in0!udf!d a~~ oart cf .}hc'3- tabu!~.tion of \l:)tE!·_.: fnr~1ll;~_.:1~!tt:•; 1c:
th~ City Commissio~ for the schet1Uied pubiic hearing, please return this care! by the date
indicated above. To use this response card plea:;e indicate whether yov Oppose or Fa,;,;:.,:.
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by rns:1il, simply fold on the dotted lines so the address on the reverse side is
showinn. Be sure to seal the form with a llrn::iil piece of tape or staple :xior to rnailing.

6;~:;.essment lnforrnatioh
Property Address:                                         9$0.                WiLSON·AvftECf lVED·
Parcel Number
                                                                                                    MAR 0 6 2002
As$eSsable Frontage:                                      02.3            Feet
Estimated Front Foot Cost:                                $36.35          per Foot             City Clerks Office

ESTIMATED TOTAL COST                                      $2,282.'78      .J '                 /;       1
                                                                                                              .        •,       I/
Property Description              ,      /p{),        /i/l/}?J/ (.//2tt'!!itf/J/Lf/,HtJ fi(J:/!
g~~H~~Rb~g~~~~~~DITION          f/l!_) J111;J/Jlit1!:mt ; ~Mu oa,ii/i!/__,)
                               !II!)
LOTS 4<,9 & •90            IJldi»!v ~lJ !ill/~ IJtWtJ!l %It/ Jlj ttll_f tvl,
                           · ·         Your vote COUNTS! $ Jr/ ,/flf,I(},;/f/Ji; /l)il{Jl
Please vote either in favor or opposed to the Special Asse{im(nt'street Paving Project.

    I AM IN FAVOR            ~                                                       I AM OPPOSED                 •             \




                                                                                                                                     31
     Thank you for tnking the time to vote on this important issue.
                                               SPECIAL ASSESSMENT
                                         HEARING RESPONSE CARD
                                            . To have your vote count, please
                                 _· Return This Card By March 'I 2th, 2002. · ·
    Project Title:                     Wilson, Dowd to Henry         St
    Project Description: All parcels abutting Wilson from 75' W of WElsterliR;W of Dowd to W
                         ROW of Henry Street. .                    ·        · · · ·


 .. INSTRUCTION§.·
    If~/c·u -,~~;t;h·:to·                                                        ~the-:
                   :hav:6 ·vot.: ·r _'/jrftte'n: vb~~--1.n·CtudG'~---~.:.p_a'.·~:-,!Jt ·t;b-~_!ri.ti_on-:·c(~~-oteS . fonrva}c_ed to
    the City Commission .for the scheduled public hearing, please return this card bythe date··
    indicated above. Tb use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to theCity 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 th,e form wit.ha, small piece of tape or staple prior to mailing.                                    ·

  · Assessment Information ·
   Property Address: .                                         2110          DOWD ST
   Parcel Number                                               ;4-36~-000~0()07-.00 ·•• /
   Assessable Frontage: . ·.                                   49.47.       -Feet
                                                                                                   RECEIVED.•
   Esti~ated Front FootCost:                               $36.35    per ~oot
   ESTIMATED TOTAL COST                                 .. $1,798.23                                   MAR1l 2002
     •. .   ,               .;     .


    Property Description .                                                                        City    (;Jerks Otti.ce
    CITY OF MUSKEGON
    GLEN VIEW RESUB OF LOTS 376 TO 390
 .. & 45'1 T0:465 INCL,-O_F ORCHA'R,D.GrtOv~ suo-0,1vis_iON_   ,.-
    LOT7

                                                   Your vote COUNTS!
   · Please vote either in favor or opposedtolheSpecial AssElssmen_t StreetPaving Projeqt

       lAM IN FAVOR                    I)( l                                         ·. ·1AM OPPOSED
                                                                                                                ,·;,•,   []   .
                                                                                                                                  .




Owner·
Signature +.,1~~--"-f-""r-""'~'e,;---
Address
                                                                                                                                       4
         Thank you for taking the time to vote on this important issue.
                                                                                                     /,,/




                                                      . SPECIAL AS.SESSMENT

                                               HEARING RESPONSE
                                                         .
                                                                CARD
                                                                :_,,                                    '         -,_




                                                      To have your vote count, pl~ase ·
                                Return This Card
                                      .       ___·,   -_. ,:,
                                                                  By    .March 12th,2002
                                                                                 ',



     Project Title:                       Wilson, DowdtoHenrySt.
     Project Description: All parcels abutting \Nilson from 75' W of westerly                                                            ROW ofDowd to W
                          ROW of Henry Street. .                 .        .                                                                      .                 .       .



    INSTRUCTIONS
     '1r you wisi, to'h~VeyoJt 0citten                        ~bte ii;dti.dcld as.P;it61t~e t16li:.. ~f~6t$rifo~;~irdod
                                                                         tib~                        to
   · the City Commission for the scheduled public hearing, please return this card bythe date
   · indicated above. To use this· response card pleaseUndicate whether you Oppose orFav9r
     this special assessment project, sign the form and feturn it tothe City Clerk'~ .Offict:i.,To . ·
     retqrnthis card by mail, simplyfold 9n the dotted lines so the address on the reverse sid.e is.
     showing.
          '-
                 Be sure to seal the form with .a small piece oftapeorstaple
                  '                                       :       •·--'   ...
                                                                              prior to'.. mailing.
                                                                                     ,     ''.. ..
                                                                                                   ·        '.,         -,·."   '   .'   '                    _,       ,




    Assessment Information ·
                                                                 ·•·,·. '.82~.6
     Prnpeirty Address:
     Parcel Nunibeir ' ·                                               ··24-665-000-61 ~6-ha
   ·. Asse$sableFrontagei: ·· ..•.                                     40                              Feet
     Estimated
             . Front Foot
                       .. Cost:·.
                        '   '
                                                                        $36.35 .
                                                                     ·• <                               per Foot•
   . ESTIMATED TOTAL.COST.                                           ., $1;454.00
      . . -                     '         '



     Property Description
    CITY OF MUSKEGON
    ORCHARD GROVE ADDITION
    LOT 106 .                                                                                                                                                'i.
                                                                                                                                                     , ·•• <_ :;-!
                                                                            '   ;,   __-        ,,   ..,_



                                                                Your vcite COUNTS!
   ' Piease vote either infavor or opposed                           fo the Special A~sessmeni strJ~(F:'?Xing Project.
        1AM IN FAVOR




Owner          Bi?'SSff' · M l}.;;r               Q(rl+LCR~if,oOvmer/Spous~·..•·_•---------------,----,----,-----,-
 .      IJc..~&9-<'.e_,
Signature                  .. ?ZA'.'.t'e.Af:_.½z
                  . ·. .· ·-;J              y    1'-·n--
                                                  :..,.                          . ·Signature
                                                                                     . · · · _ _......_ _ _ _ _ _......_ _
Address '11:28. i,,1) 1             1''
                                I, So.0 ft:IIB                                           Address .. ·_ _ _ _ _ _ _ _ _ _ _ __
                                                                                                                                                                               8
         'Thank you for taking the time to vote on this important issue.                                                                     DAHLGP-H' ;cesc;:•
                                                        . ·_ ·.-         '               _·:        ,;   ..      ,   .':   -   .     '    ,''        ,, __ -         :,




                                                         · HEz:~r~::!~!~:~i~~.
                                                                        ·To hav~ yobrvote CO~llt,pl~1si,                                                             >
                                       Return This Can:fBy . March i~th,{2.po2\:F ·
     Project Title:       •.. \/Vil~on,bC>~clto He11rySt.
                                                                          '-·>,
                                                                                                                     js
                                                                                ,;_'iJ;.J<<--:•;, ''.•,;-:- ·_.,, :' :,,_._.,,,,·_,.,_":•,.;-::: ,••,.;:•,_,••_', ,_, '.•;
                                                                                                                                                                                                                             to
                                         -,• •,: r_, -•,•·,-_, ,.·• ·,' '                                                      0'•   ''   :,.   ,•__ ,       ,• ..


     Project Description: .All parcels abutting. Wjlson from .75' \/V of wei;terly RO\/V of Qowd W ··,.
                             ROW Hernyl>te~t,                           9f                                              · ··                   · ·.


··•·.·• .INSiRtJCTIONS                                                                                                                                                             Sri;f ··w>:·
     !fyoLl,wi$~.. to . hjvisY011r                        ;;rittetj\i;t~·inf1;ia;d ci~ff        ~s                 ofth~JJf;l}l~tiok;hivGtJ~JJ~irtjed'.tb••·. ·
     the City Commission for the· SCh£;dU!edpubli~ he1dng .: please return ,tllis 9a";d,b~·<the da'te .•.•
  . indicated above. · To use this response card please indicat~ vJ~~thetyd1.i()pr,'.ose,CJrJF.av§r>
     this special assessment project, sign the form andJeturn it.t9 the(;ity.Clerk's()ffiqf (I"o)·
     return this card by mail, simply fold on the dotted lipes s(l the ~ddress                                                                                                op
                                                                                                                                                                   the rever;~e' sidYi~
   . showing. Be sure to seal the form with a small piece oftape d(staplepr,iofto rna,ilibg,;c··•··•·· .•
         .-:·-> __ · ·-::. - ·-.·-i·:,\· . · _-:_,., - ·- ::_·:-.-;:, -.:.::;-,_· -,- ·.:. ..-. ·;-:·. :-:>:•,·.,., ,.,\y.f,:~:.-/':"<tz:r.; ··. ·. ,·-':';_"-.;J;::..,(\"'.·:-'./",,·).:.JMt~- ,-::,;-;/;,,. . - .
 . · Ass~ss111ent lnfor-1~atio;1 ·..•••·. .                                                                                                 •: ·, //'
                                                                                                                !:_-/'.i:'.::._::;/_)_;::,;;j?:;J/~//{\~_'.\;,<-.:<-•,_•j•_f~/ '.)                     /:·f/-t,'.::';:,r;


          ,   .. ,,·,

     As.5essable Fr?ntage:
                            ,,•




                                                                   ..
                                                                                        . \.4~:0>.:~,-d::it~l",~viiir~ll~gm                                               • , .      . ·,.- '· ,, •   I -' ".,          .,        ,



     Estim~ted Front Fo()t Cost: .                                                      (<.$36.35.··
                                                                                                                                                                          •: ;l}.;fij~1iiit: 12002·• ,.
     ESilMATEDiOT~L COST                                                            . ;:\'$~,4~4.66
     ·pfoJertv h~scriotiori .···•<
   . clrv OF t~USKE:GON . ··,
     ORCHARD GROVE ADD!TION
     !..OT_;107::



          .••. >,.•·· • ..             ··x?~r~()tf ?P~~t~          i;J,t; ..,.... ... ,.. ,,.1. ; ... ,.
                                                                        .. .
      Please vote either in f~vor o~ opposed.to the. Sped~I As~essm~.rif~treetg~vipgffroj~c:t. ....
                                                                                                                                     1
                                                                                                                                          .•.•..•·.••····;


              l~M.1N          FAvo~                p.         \I . · ·· ···                                                                              IAM/ope~si6~                                 J;~j/
                                                              SPECIAL ASSESSMENT

                                                  HEARING RESPONSE CARD
                                                             To have your vote count, please
                              Return This Card By March 12th, 2002

Project Title:                               Wilson, Dowd to Henry St.
Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
                     ROW of Henry Street


INSTRUCTIONS
,.;: H""I.
11   ;v ....   ,.,,:,...h
                ~v=~~
                          •o
                          C.
                             h~•.•-~
                             1-UVV
                                       ''G'     ,.. , ....·1 ...~n
                                       J_ ''!,,..II i l l h,·..,1
                                                                     ,V-v1.1;..';·11
                                                                       .......-;. ._ ;n v,....
                                                                                        ... 1• 1ded Gci.>
                                                                                                    .:...:"'   """'=' ..... ...,J: J,I.;,..;, ~-.... !,..', ;i .... -4-:0··-- .-.C -
                                                                                                               pc:..1·1 Ui l11<., __ I.CHJUIQLI                       11 v1--..•....
                                                                                                                                                                                       ·~t·----  C----s.-~,-l~---'
                                                                                                                                                                                          _t:;:.:,·;u1vvo1u-.::=u    J...,
                                                                                                                                                                                                                     tU

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:                                                                          879                                   W,ilSONAVE
Parcel Number                                                                              24-665-000-02;/3-00
Assessable Frontage:                                                                       107.8                         Feet
Estimated Front Foot Cost:                                                                 $36.35                        per Foot                                    RECEIVED
ESTIMATED TOTAL COST                                                                       $3,918.53                                                                          MAR O7 2002
 Property Description                                                                                                                                              City Clerks Otftce
CITY OF MUSKEGON
ORCHARD GROVE ADDITION
L.0.i"3 ~2.j, 224 ANi.J ·22::i

R&M EXEMPTION-95-SIDING-$1800 AV
                                                                          Your vote COUNTS!
 Please vote either in favor or opposed to the Special Assessment Street Paving Project.

      I AM IN FAVOR                       ~                                                                                                    I AM OPPOSED                                      •
                                                                                                                                                                                                                             17
        Thank you for taking the time to vote on this important issue.
                                               SPECIAL ASSESSMENT
                                                                                                        RECEIVED
                                         .!:!EARING RESPONSE CARJ2
                                                                                                           MAR O8 2002
                                               To have your vote count, please
                                                                                                        City Clerks Office
                          Return This Card By March 12th, 2002

      Project Title:                   Wilson, Dowd to Herny St.
      Project Description: All parcels abutting VVilson from 75' W of westerly ROW of Dowd to VJ
                           RO\/V of Henry Street.


     INSTRUCTIONS
      If vnu
         .,  wish to have .,vour
                          '  .   wntten.
                                   .... .- - votA inr.ltJde:-l
                                          -_          ·-  ..
                                                               ;:;s Ol'rt
                                                                    .
                                                                    ,'   .
                                                                          0f
                                                                           - the tahdatinn
                                                                               ' . ·- _- -
                                                                                   '    '  . of. \lnt,:,s
                                                                                                ' . .
                                                                                                    .   . fnrvv:>rrlArl
                                                                                                            .   .
                                                                                                                '     . tn
                                                                                                                     -, _· ·-.
                                                                                                                          .


      the City Commission for the scheduled pubiic hearing, please return this card by the date
      indicated above. To use this response card please indicate whether you Op;:iose or Favor
      this special assessment project, sign the fonn 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:                                                            · VVILSON"AVE ·
      Parcel Number                                            2,fel3s~ood.,02s3:oo
     Assessable Frontage:                                      62              Feet
     · Estimated Front Foot Cost:                              $36.35          per Foot
      ESTIMATED TOTAL COST                                     $2,253.70
      Property Description
     CITY OF MUSKEGON
     ORCHARD GROVE ADDITION
     LOT 253 AND 254



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

         1AM IN FAVOR



                               •
                                                                                            I AM OPPOSED

                                                                                                                •
Owner         (i]:.t'ktr1~.-ie-4 PC ~h K-:d£?Owner/Spouse.;;.;,.......- - - - - - - - - ~ - -
 .
Signature
              ,,P~x a'1·P
              kt ;tv=          ?6' (L~v ~        s·1gnature
Address         °/:OO tA) i (0,;,,,-v ~                                  Address       _ _ _ _ _ _ _ _ _ _ __
                                                                                                                                 19
          Thank you for taking the time to vote on this important issue.
                                                       SPECIAL ASSESSMENT

                                              HEARING RESPONSE CARD
                                                      To have your vote count, please
                               Return This Card By March 12th, 2002

    Project Title: ·                      Wilson, Dowd to Henry St.
    Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W ·
                         ROW of Henry Street.


   INSTRUCTIONS
   if you wish to have your ·written vote inch.;ded as part uf th,; labuiaiioll ofvoies forwarded tu
   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 majling.

   Assessment Information
    Property Address:                                                       912.0            WILSON AVE
    Parcel Number                           RECEIVE Daa5-ooo-0255_00
   Assessable Frontage:                           MAR O7 2002 39                        Feet
    Estimated Front Foot Cnst: Cl                             k Of .. $36.35            per Foot
                                           1,.;1ty        er s             nee
    ESTIMATED TOTAL COST                                                    $1,417.65
    Property Description
   CITY OF MUSKEGON
   ORCHARD GROVE ADDITION
   LOT 255



                                                                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                     -.r....1- - . - - - -1..., - -
             / , / ) -.•- .
         0
              tel /V?../V·¼C.v _/}; ,r_ .c,,<....(/('(!,.lr-"JJ..,ce.,_·
Signature'     ·          ,      ,,                                              Signature
           C             "     I            r.·
Address    //J..              t<S«u,,fr,"'J c&/,.c;..-                           Address
                                                                                                                   21
        Thank you for taking the time to vote on this important issue.
Name:   /J/;"1 ri1!IN 13Jf«-t fiJ3 ,PU..£J?,                Birthdate:         9,/;? '5 / ~ '-I   Social Security# :36 1- ~.;::, .!%::/ 3
Spouse:     /., e   D /<.! /1 ,t JJ   /l) e C eJ<? Ce P ·Jurthdate:_ _ _ _ _ _ _ Social Security# _ _._·_._ _
Address: - - - - - - - - - ~ - - - P h o n e : _ _ _ _ _ _ _ _ _ _ _R,ace: _ _ _ _-'-'-'-----
Parcel # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _:_/__List infonnation for household members besides owner/spouse here.
Name                                                        Birth date                             Social Security# _ _-_ _-_ _

Name                                                        Birth date                             Social Security# _ _-_ _-_ _

Name                                                        Birthdate                              Social Security# _ _-_ _-_ _

Name                                                        Birthdate




ANNUAL Household Income:                                $II 6.2(-(               Wage earner:           55
(Must include all household income)                        '
                                                                1-),:; dC        Wage earner:

                                                                  q,<:;7,tj)     Wage earner:

                                                            ()t    92, Y&         Wage earner:
                                                                                                       iJ')Ajd
                                                                                                          r/
                                                                                                                 /G
                                                            J
                                                       $          s11:;;u         C,(>5 1(sj)ol            /?,'J';7e6'7


Proof Of Ownership:             9<)   Deed   ( ) Mortgage       ( ) Land Contract
                                  (rfl( ,0
                                       1 _{,
                             _lt...1..cr_
Homeowner's Insurance Co: _ ...               --A
                                           _ _-r
                                                  ft-Jc )1
                                                ______     Expiration Date:

Property Taxes:       Ci@Current ( ) Delinquent               Year(s) Due _ _ _ _ _ _ _ _ _ _ _ _ __
(Property taxes must be current to quaiify and will be verified by CDBG staff)




Owner's Signature: 1'),pt/4 ,ev .,b'/~i<cllwu~                                             Date:_--''+-.o:...'---
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.
                    ~'t
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.
-
---
·es()No


: here.

--- -
--- -
--- -
--- -




-
1er certifies
d complete
prior to the




surance.
                                           SPECIAL ASSESSMENT
                                         HEARING RESPONSE CARD
                                           To have your vote count, please
                         Return This Card By March 12th, 2002

     Project Title:                Wilson, Dowd to Henry St.
     Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W
                          ROW of Henry Street.


    INSTRUCTIONS
     !f yo!..! 't.'ish to 1-
     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:                                944             V'JILSON AVE
     Parcel Number                                    24-665--000-0373-00
    Assessable Frontage:                              26.8        Feet
     Estimated Front Foot Cost:                       $36.35      per Foot
                                                                                 RECEIVED
                                                                                     MAR 1 2 2002 --
     ESTIMATED TOTAL COST                             $974.18
                                                                               City Cter/(s   o·.trice
     Property Description .
    CITY OF MUSKEGON
    ORCHARD GROVE ADDITION LOT 373




                                                Your vote COUNTS!



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

                                                                          I AM OPPOSED        0
Owner
              11..{,./0Vl./':-.J   <=L    lhi))    CoOwner/Spouse_·_ _ _ _ _ _ _ _ _ _ __
                                   0
Signature                                                   Signature------------
          (l,., - ( ' ';.           l'l
Address / :fv:: {£ 1 ' r< -t 'Lf(F1 VV/JW _,,               Address
                                                                                                         24
         Thank you for taking the time to vote on this important issue.
                                     SPECIAL ASSESSMENT
                                HEARING RESPONSE CARD
                                     To have your vote count, please
                      Return This Card By March 12th, 2002

     Project Title:          Wilson, Dowd to Henry St.
     Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W ·
                          ROW of Henry Street.



    !:N§1RUCTIONS
    if you wish lo na~e you·r wtitten Vote ir,ciuded as part of the tabuiatioti 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
    retum this ca{r,I by mail, simply fold on the dotted lines so the address on the reverse side is
    showirw. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   ·. Asse$~1ment Information
    Propf~rty Addre:.s:                          950,0         WILSON AVE
    Parcel Number                                24-665-000-0374-00       RECEIVED
    AsE,"issable Frontage:                       39          Feet            MAR 12 2002
    Es-timated Front Foot Cost:                  $36.35      per Foot
                                                                         City Clerks Otfice
    EST_IMATED TOTAL COST                        $1,417.65
     Property Description
    CITY OF MUSKEGON
    ORCHARD GROVE ADDITION
    LJT374


                                          Your vote COUNTS!
     Pl~ase vote either in favor or opposed to the Special Assessment Street Paving Project.

    -. '!:AMIN FAVOR

                           •                                        1AM OPPOSED




Owner        ·--•·-_ _ _ _ _ _ _ CoOwner/Spouse· _ _ _ _ _ _ _ _ _ _ __
              "// if'c";• ·vN.LL' (.1. )J__JJ)
Signature .. _ , " ·•             u , ·      ·        Signature - - - - - - - - - - - -
Address '{9:CJl() l.i.) · C<Lc•,1 U1,<.Q,
                                  1
                                                      Address
                                                                                                        26
        Thank you for taking the time to vote on this important issue.
                                        SPECIAL ASSESSMENT
                                  HEARING RESPONSE CARD
                                        To_have your vote count, please
                         Return This Card By March 12th, 2002

· · · ·--pfojectTTtle:         Wilson, Dowd to Henry St. .
     Project Description: All parcels abutting Wilson from 75' W of westerly ROW of Dowd to W .
                          ROW of H.enry Street.


    INSTRUCTIONS
    .If yoi.J v11'ish to ha-..:e your \Nrittcn. vo!_c incl:..id0d ao part of the tabu!:::!icr. of votes forN~~ded to ·
     the City Commission for the scheduled public hearing, please return this card by the date
     indicated above. To use this response card please indic.ate 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:                                 968.0            WILSON AVE
     Parcel Number                                     24-665-000-0466-00
     Assessable Frontage:                              39            Feet
     Estimated Front Foot Cost:                        $36.35        per Foot       RECEIVED
     ESTIMATED TOTAL COST                              $1,417.65 -                 · · MAR O8 2002
      Property Description
                                                                                   City Clerks Otfice
     CITY OF MUSKEGON
     ORCHARD GROVE ADDITION
     LOT 466



                                              Your vote COUNTS!
      Please vote either in favor or opposed to the Specfal Assessment Street Paving Project.

         I AM IN FAVOR .      [KJ                                             I AM OPPOSED           •
Owner .  ? a ~, £ VA[-..!$ CoOwner/Spouse _7:J        .......f.d..
                                           ____E..~_€_~       __________
Signature B ~ zfL;rL ~          Signature _ _   l'-_t_/A__________
Address         9(p8     WiLSON     Ave,                    Address
                                                                                                                         28
        · Thank you fottaking the time to vote on this important issue.
                                                                                        H-1523 WILSON AVE., DOWD TO HENRY

                                                                     PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE IABPI AIION



                                           =                    Pi;;BC:i;;tiIAG!;;
                                                                                     ''TETTER#        PARCEL#
                                                                                                                      FOR
                                                                                                                             ST#
                                                                                                                                        TOTAL NUMBER OF PARCELS - 31

                                                                                                                                   ST NAME   FEET      'LETTER#        PARCEL#
                                                                                                                                                                                       OPPOSE
                                                                                                                                                                                         ST#    ST NAME     FEET
TOTAL ASSESSABLE FRONT FOOTAGE            1606.540 ·-                                   1        24-665-000-0014-00         2083    HENRY     48,90        30     24-665-000-0468-00    976     VI/ILSON    26.20
                                                                                        6        24-665-000-0343-00         2118   HUDSON     46.50        2      24-665-000-0347-00    2090    HUDSON      66.00
FRONT FEET OPPOSED                         238.000                  14.81%             31        24-665-000-0489-00          996   WILSON     62.80        8      24-665-000-0106-00    828     VI/ILSON    40.00
                                                                                       21        24-665-000-0255-00         912    WILSON     39.00        10       24-665-0107-00      834     VI/ILSON    40.00
RESPONDING FRONT FEET IN FAVOR            455.470                  28.35%              17        24-665-000-0223-00          879   WILSON     107.80       26     24-665-000-0374-00    850     WILSON      39.00
                                                                                       19        24-665-000-0253-00          900   WILSON     62.00        24     24-665-000-0373-00    944     WILSON      26.80
NOT RESPONDING - FRONT FEET IN FAVOR       913.070                  56.83%             28        24-665-000-0466-00         968    WILSON     39.00
                                                                                       4         24-365-000-0007-00         2110    DOWD      49.47
TOTAL FRONT FEET IN FAVOR                 1368,540                  85.19%




                                                                                     TOTALS                                                  455.47                                                         238.00




                       TABULATED AS OF:   03/12/02   05:00 PM




                                                                                                                                      03/12/20025:11 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING WILSON
Date:          March 12, 2002
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Sherin St., Lakeshore Dr. to Miner




SUMMARY OF REQUEST:

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



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:

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



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                  Resolution No.     2002-32 (c)


              Resolution At First Hearing Creating Special Assessment District
                       For Sherin St., from Lakeshore Dr. to Miner

                    Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on March 12, 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 March 12, 2002, there were 34. 79 % objections by the owners of
     the property in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOLVED:

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

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.     The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners      Larson                             and       Schweifler
       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 43.8% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes Warmington, Buie, Gawron, Larson, Schweifler, Spataro


       Nays None



                                                            CITY OF MUSKEGON




                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 12, 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


                Sherin St., Lakeshore Dr. to Miner


               SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Sherin St., Lakeshore
Dr. to Miner
       603                                                       602
                                                                                              -----
                                                                                                  601

        2




             7                    1    0                          I    3       I s
                            921
                                       r I I I i FP I I I I
                                                  6
                                                                       676
                                                                           6
             8 '.   !   I         l4   Ill 1111       !   I   111201       7




CLUB




                                                                                     I


                                                                                         ~

                                                                                     ~   ·,   I
                     AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON)

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

              H-1522 SHERIN, LAKESHORE TO MINER


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 1ST DAY OF MARCH, 2002.

                                                 O_~
SUBSCRIBED AND SWORN TO BEFORE ME THIS
  J 'Id DAY OF l}1ar ech         , 2002.
a){;,d}4     ~ .    &ttvc
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY COMMISSION EXPIRES       / - ~~ -   o   .z.
                           ENGINEERING FEASIBILITY STUDY

                                               For

                         Sherin St., Lakeshore Dr. to Miner


The proposed reconstruction of Sherin St. Lakeshore Dr. & Miner was initiated by the City due
to the conditions its in. The existing conditions of that section of roadway, we feel, beyond
salvaging. In addition, the roadway is partially gravel and has no curbs and gutters.

The proposed improvements will address the at least two of the established goals, and they are;

•   Improve the City's infrastructure
•   enhance the appearance of that area.
•   Eliminate at least 300' of gravel roadway from the City street system

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 $80,000 with
the length of the project being approximately 576 lineal feet or 963.20 of assessable footage.
This translates into an estimated improvement cost of$83.05 per assessable foot. The
assessment figure will be at a cost not to exceed $36.35 per assessable foot as established in the
2002 Special Assessment for this type of improvement.
MUSKEGON COUNTY
                                                                 173 E. APPLE AVE .. BUILDING C, MUSKEGON, MICHIGAN 49442
                                                                                                              (231) 724-6386
M                   C          H          G       A       N                                              FAX (231) 724-1129


                                                                                        EQUALIZATION DEPARTMENT
BOARD OF COMMISSIONERS

Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis
Clarence Start                                                        February 27, 2002
                 Mohammed Al-Shatel, City Engineer
                 City of Muskegon
                 933 Terrace Street
                 Muskegon, MI 49443
                 Mr. Al-Shatel:
                 In accordance with your request, I have examined the proposed special assessment district
                 entailing the reconstruction of Sherin Street between Lake Shore Drive and Miner Ave. The
                 purpose ofthis analysis is to document the reasonableness of this special assessment district by
                 identifying and quantifying any accrued benefits. It is subject to the normal governmental
                 restrictions of escheat, taxation, police power and eminent domain. The effective date is
                 February 27, 2002.
                 In conclusion, it is my opinion that the special assessment amounts justly and reasonably
                 represents the accrued benefits to the properties encompassed by this project. The amounts
                 reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
                 accrue from an overall increase in property values due to an improved quality of life created
                 by the proposed project. As previously presented, the proposed special assessment district
                 encompasses primarily residential properties. The front foot rate of$36.35 for the paving of
                 the above mentioned project area appears reasonable in light of analysis that indicates a
                 possible enhancement of$J7.50. The conclusions are based upon the data presented within
                 this limited analysis in restri'Jed format, and on supporting information in my files.


                  Sincerely,


                    yJo~
                  Jerry A Groeneveld, CMAE 3
                  Senior Appraiser




                                     TDD (231) 722-4103 • An EEO I ADA I AA Employer
                                                      recycled paper
.,
                         -·


     March 1st, 2002




     OWNERS NAME
     OWNERS ADDRESS
     MUSKEGON, Ml 49441                      1

     Parcel Number 24-XXX-XXX-XXXX-XX: at XXXX SHERIN ST

                       NOTICE OF HEARING ON SPECIAL ASSESSMENT

     Dear Property Owner:

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

                                    Sherin, Lakeshore to Miner

     The proposed special assessment district will be located as follows:

      All parcels abutting Sherin from South of Lakeshore to the South side of Miner

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

                                         Public Hearings

     An initial public hearing to consider the creation of a special assessment district will be
     held at the City of Muskegon City Commission Chambers on MARCH 12, 2002 at 5:30 ·
     P.M. You are encouraged to appear at this hearing, either in person, by agent or in
     writing to express your opinion, approval, or objection concerning the proposed special
     assessment. We are enclosing a Hearing Response Card for you to indicate your
     agreement or opposition to the special assessment. This card includes the property
     identification and description, assessable footage per City policy, and the estimated cost
     of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
     your response card to the City Clerk. Written objections or appearances must be made
     at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
     OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
     THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
     ASSESSMENT.
-·
      A second public hearing will be held, if the district is created, to confirm the special
      assessment roll after the project is completed. You will be mailed a separate notice for
      the second hearing. At this second hearing the special assessment costs will be spread
      on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
      HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
      PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
      ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
      THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
      WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
      UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
      CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
      BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
      TRIBUNAL WILL BE LOST.

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

                                          Estimated Costs
      The total estimated cost of the street portion of the project is $80,000.00 of which
      approximately 43.8% ($35,012.32) will be paid by special assessment to property
      owners. Your property's estimated share of the special assessment is shown on the
      attached hearing response card. The remaining costs will be paid by the City.

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

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

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

       Sincerely,


     /J)lj},,J(d$
       Mohammed AI-Shatel, P.E.
       City Engineer
                                                                                 -·
.'
                                        SPECIAL ASSESSMENT
                                   HEARING RESPONSE CARD
                                        To have your vote count, please
                        Return This Card By MARCH 12, 2002
     Project Title:             Sherin, Lakeshore to Miner
     Project Description: All parcels abutting Sherin from South of Lakeshore to the South
                          side of Miner


     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:                                 2182          SHERIN ST
     Parcel Number                                     24-205-693-0001-06
     Assessable Frontage:                              67          Feet
     Estimated Front Foot Cost:                        $36.35      per Foot
     ESTIMATED TOTAL COST                              $2,435.45
     Property Description
     CITY OF MUSKEGON
     REVISEO PLAT OF 1903
     PART OF BLK 693 COM AT A PT 114 FT S OF S LINE OF LAKE ST
     & 495 FT W OF E LINE OF BLK 693
     THE100FT
                                               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
                                                                                      s..:.?F'f .:-•.:.?ER PF:OCU•~TS   1
          Thank you for taking the time to vote on this important issue.
                                                                          -·
 .    '                                                  CITY OF MUSKEGON

                           CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
~~--;---•~ ~••---P~~-                   ------------------------~--,
  '                                              t \                         J          '   )
  +   •   •                                 •-                                                  +                               I
                                                                                                                  .             '
 Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:._ _ _ _ _ _ _-'Social Security# _ _ _ _-_ _
 Spouse:                                                   Birthdate:._ _ _ _ _ _ _ _ Social Security#_._ _. _ _
 Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _Phone: _ _ _ _ _ _ _ _ _ _ _~Race:. _ _ _ _ _ _ _ _ __
 Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
 (Please refer to your assessment letter for this information)
 Number Living in Household: _ _ _ _.List information for household members besides owner/spouse here.
 Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate._ _ _ _ _ _ _ _,Social Security# _ _-_ _-_ _
 Name                                                      Birthdate._ _ _ _ _ _ _ _,Social Security# _ _-_ _-_ _
 Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate._ _ _ _ _ _ _ _.Social Security# _ _-_ _-_ _
 Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _~Birthdate._ _ _ _ _ _ _----:



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

                                                                                 Wage earner:

                                                                                 Wage earner:

                                            Total:       $_ _ _ __




 Proof or 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.
                                                         O.R'P.Eli'JQ.fflJ.fil
 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.
                     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 o
        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 homesteac
        being assessed for five (5) years or more.

   •    Be a citizen of the U.S.

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

    •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. AssistanCE
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                     SPECIAL ASSESSMENT                         H-1522

RECONSTRUCTION                      HEARING DATE          MARCH 12, 2002

                              Sherin, Lakeshore to Miner
24-205-693-0001-01   DULA ANDREW J/MARCIA N        ASSESSABLE FEET:                  75
                     2565 LAKESHORE DR             COST PER FOOT:                $36.35
@   2565   LAKESHORE MUSKEGON      Ml 49441        ESTIMATED P.O. COST:   I   $2,126.25   1




24-205-693-0001-02     DUFF BRIAN P/MAUREEN A      ASSESSABLE FEET:                199
                       3541 CHANNEL DR             COST PER FOOT:                $36.35
@   2195   SHERIN ST   MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I   $7,233.65 1




24-205-693-0001-03   SAPPI PAPER PRODUCTS          ASSESSABLE FEET:                53.5
                     2400 LAKESHORE DR             COST PER FOOT:               $36.35
@   2541   LAKESHORE MUSKEGON      Ml 49441        ESTIMATED P.O. COST:   I   $1,944.72   I

24-205-693-0001-06     SAPPI PAPER PRODUCTS        ASSESSABLE FEET:                  67
                       2400 LAKESHORE DR           COST PER FOOT:               $36.35
@   2182   SHERIN ST   MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I   $2,435.45 1




24-205-693-0001-07     HARKER RICHARD              ASSESSABLE FEET:                 120
                       2190 SHERIN ST              COST PER FOOT:                $36.35
@   2190   SHERIN ST   MUSKEGON       Ml   49441   ESTIMATED P.O. COST:   I   $4,362.00 1




24-205-693-0001-25     CARTY CONSTANCE             ASSESSABLE FEET:                  35
                       2217 SHERIN ST              COST PER FOOT:                $36.35
@   2217   SHERIN ST   MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I   $1,212.25     1




24-205-693-0001-26     WEE MICHAEL/DEBBIE          ASSESSABLE FEET:                  60
                       2088 PARSLOW #334           COST PER FOOT:                $36.35
@   2223   SHERIN ST   MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I   $2,181.00     I


3/5/02                                                                         Page 1 of2
RECONSTRUCTION                           HEARING DATE          MARCH 12, 2002

                                     Sherin, Lakeshore to Miner
24-205-693-0001-27        RYAN JERRYWSR                 ASSESSABLE FEET:                   60
                          2231 SHERIN ST                COST PER FOOT:                 $36.35
@   2231    SHERIN ST     MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I    $2,1a1.oo 1




24-205-693-0001-28        DAVISON TAG/RHONDA            ASSESSABLE FEET:                 41.5
                          2241 SHERIN ST                COST PER FOOT:                 $36.35
@   2241    SHERIN ST     MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I    $1,5oa.53 1




24-205-693-0001-29        HULL THOMAS J                 ASSESSABLE FEET:                   90
                          2224 SHERIN ST                COST PER FOOT:                 $36.35
@   2224    SHERIN ST     MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I    $3,211.50   1




24-205-693-0001-30        KOCHMANSKI HENRY              ASSESSABLE FEET:                   60
                          2226 SHERIN ST                COST PER FOOT:                 $36.35
@   2226    SHERIN ST     MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I    $2,1a1.oo   1




                          DAUTEN ALVIN J                ASSESSABLE FEET:                   60
24-205-693-0001-31
                          2230 SHERIN ST                COST PER FOOT:                 $36.35
@   2230    SHERIN ST     MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I    $2,1a1.oo   1




                          STRICKLAND WILLIE A           ASSESSABLE FEET:                 42.2
24-205-693-0001-32
                          2552 MINER AVE                COST PER FOOT:                 $36.35
@   2552    MINERAVE      MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I    $1,533.97   1




SUM OF ASSESSABLE FOOTAGE:             963.20   SUM OF ESTIMATED P.O. COST:        $35,012.32   I
TOTAL NUMBER OF ASSESSABLE PARCELS      13




3/5/02                                                                               Page 2 of 2
                                        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:

            Sherin St., Lakeshore Dr. to Miner
            Terrace St., Irwin to Iona
            Wilson Ave., Henry St. to Dowd

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

•   All parcels abutting Sherin St., from Lakeshore Dr. to Miner &
•   All parcels abutting Terrace St., from Irwin to Iona &
•   All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd

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 AM. and 5:00 P.M. on weekdays, except holidays.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON March 12, 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:         March 2, 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 RESPONSE CARD
                                    To have your vote count, please

                    Return This Card By MARCH 12, 2002

 Project Title:             Sherin, Lakeshore to Miner
 Project Description: All parcels abutting Sherin from South of Lakeshore to the South
                      side of Miner


INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to .
the Cily Commissior1 for·ll·ie stheduled..pubiic bearing, piease return this: card by the date
 indicated above. To L:'Se 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:                                  2·190            SHERIN ST
Parcel Number                                      24-'205-693~0001-07                  · RECEIVEC
Assessable Frontage:                               120           Feet                        MAR O5 2002
Estimated Front Foot Cost:                         $36.35        per Foot
                                                                                          . Clerks Ott ice
                                                                                       .City
ESTIMATED TOTAL COST                               $4,362.00

 Property Description
 CITY OF MUSKEGON
 REVISED PLAT OF 1903
 PART OF BLK 693 COM AT A PT 174 FT S OF S LINE OF LAKE ST & 495 FTWOF E LINE OF BLK 693 THE 100 FT TH S 50 FT TH
'.!: 1:JO FT N 50 FT TO BEG. SLK .693 t,?7

                                          Your vote COUNTS!



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

                                                                          I AM OPPOSED            IX]


                                                                                                                    2
     Thank you for taking the time to vote on this important issue.
                                         SPECIAL ASSESSMENT

                                   HEARING RESPONSE CARD
                                        To hav~ your vote count, please
                      _Return This Card By MARCH 12, 2002

    Project Title:              Sherin, Lakeshore to Miner
    Project Description: All parcels abutting Sherin from South of Lakeshore to the South
                         side of Miner


   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commissi9n 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:                                   2217              SHERIN ST
   Parcel Number                                       24-205-693-.0001 -25                      RECE/Vf .~~,
   Assessable Frontage:                                35            Feet                            MAR_0 5 2002 ,.
   Estimated Front Foot Cost:                          $36.35        per Foot
                                                                                               City Clerks Ot
   ESTIMATED TOTAL COST                                $1,272.25
                                                                                                                    Hee
    Property Description
    CITY OF MUSKEGON
    REVISED PLAT OF 1903            .
    PART OF BLK 693 COM AT APT 3.49 FT S OF S LINE.OF LAKE ST & 568 FT W OF E LINE OF BLK 693 TH W 130 FT S 5 FT W 132.8
   'FT 3 30 rT E 262.9 FT N 35 FT TO ,BEG Bl.:K,.69;3- PART OF #Qe ALL #C9 · ·

                                              Your vote COUNTS!



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

                                                                               I AM OPPOSED .~




Owner
Signature
Address
                                                                                                                           4
        Thank you for taking the time to vote on this important issue.
                                        SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD                         RECEIVED
                                        To have your vote count, please          MAR 07 2002
                         Return This Card By MARCH 12, 2002
                                                                               City Clerks Office
    Project Title:             Sherin, Lakeshore to Miner
    Project Description: All parcels abutting Sherin from South of Lakeshore to the South
                         side of Miner


   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:                                2223           SHERIN ST
   Parcel Number                                     24-205-693-0001-26
   Assessable Frontage:                             60          Feet
   Estimated Front Foot Cost:                       $36.35      per Foot
   ESTIMATED TOT AL COST                            $2,181.00

    Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   PART OF BLK 693
   COM AT A PT 384 FT S OF S LINE OF LAKE ST
   & 568 FT W OF E LINE OF BLK 693
                                               Your vote COUNTS!
                                                           .
        I AM IN FAVOR        •
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.

                                                                       I AM OPPOSED   [ZJ'
              \  A            t7 r
Owner
               \V \I GH P{c;L ~\J 12E='           CoOwner/Spouse
                  I   IV\Ac)J\z-X__:?                              --------
Signature                                                Signature - - - - - - - - - - - -
Address                                                  Address
                                                                                                      5
        Thank you for taking the time to vote on this important issue.
                                                       SPECIAL ASSESSMENT
                                                HEARING RESPONSE CARD
                                                       To have your v~te count, ple~s;
                               Return This Card By • MARCtL12; ·;002 .
                                                         '             - .._,     -     '          '   -~·'., ';- ;, ,_,-.   "   ..... .


         Project Title:              Sherin, Lakesh~re toJv!iner ··•··        < .· . . ··. .·•·                    >·. ·. · • . ·.
         Project Description:. All parcels abutti(lg ~he~in from So~th of Lakesha re. to the. South
              ·· .· ·· · . · · ·. · side of Miner ·         ·    ·     ·        ·
                                                                                -·,·.       ,--,
                                                                                              i)




      •· Jf you wis~ to have your written vote included as                                  pad
                                                               9f the tabulaticm of v9tes fqrwardedto
    .• the.City .commission for.Ihe·.scheduled ppbtiphearing,pieasereturntnis               b,yJJ'.i~da.te ..                                                car4
         indicated above. To use this response card please indicate wh~ther you Oppose pr Favor
         this special assessment project, sign the.fern, andreturn)t to the City Clerk's Office. To
    . return. this card by mail, simply fold on thedotted lines so the address on th.ereverse side is
     · showing. Be sure to seal the form with a small piece 'of tape or. staple. prior to ' mailing ..·..                                   '


     .       .-,         .             '-·,     .

         As~essment-.l~formation
                   • .


         Property Addres_s:
                               I   •


                                                                ·... ;si~ . . ·                                    LAKESHoRtoR
         Pafcel NJmber                                            . 24~i05-693~DbCl1-0J                                                                 RECEl'KIED. ',
         A_ssessableFrontage: ·                                   . 75 ?' ) 'i=e~c.·'
         Estimated Front Foot Cost:                              ·····• :$36.35 • :per~()()t                                                                  . :             , ·:.,.

                                                                       ·$2}i(i.2f .· •· · · ., . . .
                                                                                                                                                                    .                   ,_,



         ESTIMATED TOTAL C~Sl" ·.....                                                                                                               . ¢,ty Clerks [Office
         PropertyDes6r;ption.

         ~~Ji~JtPi~E;F0fso3 • .. ..·· . . ,                            ?>                     .. :
         THAFPTOF BLK 693 OFTHE REVISED PLAT OF 1903 OFON THE S LINE()F.i,AKESHORE DR 535.00 FT W OFTHENECORNER.
                                                                                                                  (i .• /                  .t       <    •·. · / , •· [ .                     .
         OF SD SLKFOR POil; TH S ALG THEW LINE OF SHERRIN STJ50 FT;                          ,rn
                                                                     ~'V PAR JO THE S LINE OF.LAKESHORE DR 2?2 FTTD \
         THE.W LINE OF SDBLK693;TH NALG SOW LINE 150 Er TO THE S LINE OF LAKESH.DR.E DR; TH,EALG SD.S LIN.E 26L66 FTTO.
         .                                    . . ..     . Your vote COUNTS}                                          T                         .        .              ·•·         ' .. .

         • ; iAM IN FAVOR              lX I .. .,
    . Ple.ase vote either in favor or OpposEidtothe Spedat As~essment Street Pa~ing Project. .· .
                                                                                                        .·• .· .                    I AM ()P~OSED                                  .




Owner
Signature        _ ... · ·•                          ~                                    S,ignature ·;.,'-#,-"""-.t:J.~f'"-~""-,4'-.t:.,,£,..:-(
Address ·..;'2-_.b;;_.;;,i.;:;s:.,,. ..,L,,..A~t.;,;;;....;~h;;.,"'-'_,.c.....;1);..;.R· .Address        . 5 c 5
       .           ,v\1,J K e J"':'                                      . . .· . ·. .            . -~,......;•.i..;.~........i..1-"J,,......u.-""=-.JV                                           13
         Thank you for taking the time to vote on this important issue.
                                                                                   H-1522 SHERIN, LAKESHORE TO MINER

                                                                   PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION


                                           ~                    PERCENTAGE                                                   TOTAL NUMBER OF PARCELS -13
                                                                                                             FOR                             ILETTER#                        OPPOSE
                                                                                LETTER#        PARCEL#          ST#     ST NAME    FEET                      PARCEL#           ST# -- ST NAME      FEET
TOTAL ASSESSABLE FRONT FOOTAGE            963.200                                 13      24-205-693-0001-01   2565   LAKESHORE     75.00        4      24-205-693-0001-25    2217     SHERIN     35.00
                                                                                                                                                 2      24-205-693-0001-07    2190     SHERIN     120.00
FRONT FEET OPPOSED                        2't5:000,<             ~           J'f.7'/                                                             5      24-205-693-0001-26    2223     SHERIN     60.00

RESPONDING FRONT FEET IN FAVOR             75.000                 7.79%


NOT RESPONDING - FRONT FEET IN FAVOR      673.200                 69.89%


TOTAL FRONT FEET IN FAVOR                 748.200                 77.68%




                                                                               TOTALS                                               75.00                                                         215.00




         ....f




                       TABULATED AS OF:   03/12/02   05:20 PM




                                                                                                                         03/12/20025:21 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON SHERIN
Date:         March 12, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Terrace St., Irwin to Iona




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



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

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



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                 Resolution No. 2002-32 (d)


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


RECITALS:

I.   A hearing has been held on March 12, 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 March 12, 2002, there were 8, 34 % objections by the owners of
     the property in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOLVED:

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

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

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 24.6% 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    Buie , Gawron, Larson, Schweifler, Spataro , Warmington


       Nays    None



                                                            CITY OF MUSKEGON




                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 12, 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
                            ENGINEERING FEASIBILITY STUDY

                                                For

                            TERRACE STREET, IRWIN TO IONA


The reconstruction of terrace street between Irwin and Iona, see attached location map, was
initiated by the City due to the conditions of the pavement and underground utilities. The
existing pavement has deteriorated to a level where we believe a total reconstruction is necessary
to optimize the use of street funds. The improvements being propsed, reconstruction, consist of
following;

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

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

The preliminary cost estimate for the work associated with paving is approximately $330,000
with the length of the project being approximately 1460 lineal feet or 2230 of assessable footage.
This translates into an estimated improvement cost of $148 per assessable feet. The assessment
figure will be at a cost not to exceed $32. 70 per assessable foot as established in the 2002 Special
Assessment for this type of improvement.
                            EXHIBIT A


        TERRACE ST. FROM IRWIN TO IONA
               SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Terrace St., Irwin to Iona
                                                                                                                                                                                                                                                        .. .L=..j 4

                          ....
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                                 I   /       .-'-1"..... W\


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                     AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON)

 TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                 H-1547 TERRACE, IONA TO IRWIN


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 1ST DAY OF MARCH 2002.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _, 2002.


NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

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


                                                                                                  EQUALIZATION DEPARTMENT
BOARD OF COMMISSIONERS

Kenneth J. Hufka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis
                                                                                     February 27, 2002
Clarence star tMohammed Al-Shatel, City Engineer
               933 Terrace Street
               Muskegon, MI 49443


               Mr. Al-Shatel:
               In accordance with your request, I have examined the proposed special
               assessment district entailing the reconstruction of Terrace Street located between
               Iona Avenue and Irwin Avenue. The purpose of this analysis is to document the
               reasonableness of this special assessment district by identifying and quantifying
               any accrued benefits. It is subject to the normal governmental restrictions of
              ·escheat, taxation, police power and eminent domain. The effective date is
               February 27, 2002.
               In conclusion, it is my opinion that the special assessment amounts justly and
               reasonably represents the accrued benefits to the properties encompassed by this
               project. The amounts reflect the sum of the immediate estimated value
               enhancement and the intrinsic value that will accrue from an overall increase in
               property values due to an improved quality of life created by the proposed
               project. As previously presented, the proposed special assessment district
               encompasses a mixture of properties, but the front foot rate of$ 36.35 appears
               reasonable in light of analysis that indicates a probable enhancement of $37.35.
               The conclusions are based upon the data presented within this limited analysis in
               restricted format, and on supporting information in my files.

               Sincerely,     ~

               1bfoeneveld, CMAE 3
               Senior Appraiser



                                TDD (231) 722-4103 • An EEO I ADA I AA Employer
                                                 ...... ,....,,..,,..,J ~.-.-.,...
    March 1st, 2002




    OWNERS NAME
    OWNERS ADDRESS
    FRUITPORT, Ml 49415

    Parcel Number 24-XXX-XXX-XXX-XX: at XXXX TERRACE ST

                      NOTICE OF HEARING ON SPECIAL ASSESSMENT

    Dear Property Owner:

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

                                       Terrace, Irwin to Iona

    The proposed special assessment district will be located as follows:

              All parcels abutting Terrace from South of Iona to North of Irwin

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

                                         Public Hearings

    An initial public hearing to consider the creation of a special assessment district will be
    held at the City of Muskegon City Commission Chambers on MARCH 12th, 2002 at
    5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
    in writing to express your opinion, approval, or objection concerning the proposed
    special assessment. We are enclosing a Hearing RespoRse Card for you to indicate
    your agreement or opposition to the special assessment. This card includes the
    property identification and description, assessable footage per City policy, and the
    estimated cost of the assessment. You may also appear, as above, in lieu of, or in
    addition to mailing your response card to the City Clerk. Written objections or
    appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
    ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
    IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
    OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
I

I
    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 $330,000.00 of which
    approximately 24.6% ($81,064.14) 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 ?f City
    Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Fnday
    except holidays.

    Sincerely,



l
    Mohammed AI-Shatel, P.E.
I   City Engineer



L
;                                     SPECIAL ASSESSMENT
I
f
                                 HEARING RESPONSE CARD
                                      To have your vote count, please
                        Return This Card By MARCH 12th, 2002

       Project Title:          Terrace, Irwin to Iona
       Project Description: All parcels abutting Terrace from South of Iona to North of Irwin




      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:                           1223          TERRACE ST
       Parcel Number                              24-205-243-0010-00
       Assessable Frontage:                       66           Feet
       Estimated Front Foot Cost:                  $36.35      per Foot
       ESTIMATED TOTAL COST                        $2,399.10
        Property Description
       CITY OF MUSKEGON
       REVISED PLAT OF 1903
       LOT 10 BLK 243


                                            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
                                                                                    !,!ERGENER ?.,;.:-nY F :.: ,.::.;, Ei':.   1
            Thank you for taking the time to vote on this important issue.          l
                       -·                                        CITY OF MUSKEGON

                            CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
_-_-       -         --                                                   - ---------------- -----------                                         -        ---    -----         --   -

       -               -                            --
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:._ _ _ _ _ _ ___,Social Security#
                                                                                                                                                 - - •- -•- -
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:_ _ _ _ _ _ _ _ Social Security#_._ _•_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _.Phone:_ _ _ _ _ _ _ _ _ _ _ _ Race:. _ _ _ _ _ _ _ _ __
Parcel # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ _ List infonnation for household members besides owner/spouse here.
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Birthdate_ _ _ _ _ _ _ _ _.Social Security# _ _•_ _•_ _
Name                                                                  Birthdate                                    Social Security# _ _•_ _•_ _
Name                                                                  Birthdate                                    Social Security# _ _•_ _•_ _
               ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _B.irthdate                                                        Social Security# _ _•_ _•_ _




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

                                                                                            Wage earner:

                                                                                             Wage earner:

                                                    Total:        $. _ _ _ __



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

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

 PropertyTaxes: ( ) Current               ( ) Delinquent              Year(s)Due _ _ _ _ _ _ _ _ _ _ _ _ _ __
 (Property taxes must be current to qualify and will be verified by CDBG staff)
                              - ------~-~-~---------~-~-------- ·-
                                 -, -: :. _-. . .·: _·:Ji~,:.1 ·: :. t'oifti~Ttiffit~~•,~-~;;~-?i d~~ &·-:,;. 1>;:·:1 -~:t??:1 ':-_t; . .r .· . '
                                                                                                                                                     ·---------I
~                             .. -"':~                                                                                                    ~------'--~~-·-·_d
 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.
                                                                                                 - · - . --,. - -- .. - ..--"'l"'T."-1
            ,.· ' ' ~-,,,:          ;,-··,·      ~ .. ·11'1:l;Jl:>,ll:po,1,)-•·.·-·--        ·,•                             .     •·i
                     ~._,___ ,._.._:.L, _______ ~~-               ¥        --~--·••"--        .....   - - ~ ..... . . , - ~ . . _   .. _ . . .       -·    _,.__ • •   -----    ---·




    APPROVED ( )            DENIED ( )             DATE _ _ _ CENSUS TRACT NO. _ _

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

    COMMENTS/REMARKS
                                                             **ATTENTION APPLICANT**
               Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                           Special Assessment 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 lime the property is
    sold or transferred or after the death of the owner(s). During the lime 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
i   Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
    the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
    Office in City Hall.

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

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

             Sherin St., Lakeshore Dr. to Miner
             Terrace St., Irwin to Iona
             Wilson Ave., Henry St. to Dowd

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

•   All parcels abutting Sherin St., from Lakeshore Dr. to Miner &
•   All parcels abutting Terrace St., from Irwin to Iona &
•   All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd

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 March 12, 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:          March 2, 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                        H-1547
RECONSTRUCTION                     HEARING DATE         MARCH 12th, 2002

                                 Terrace, Irwin to Iona
24-205-243-0007-10    BATES DANIEL R              ASSESSABLE FEET:                  66
                      1247 TERRACE ST             COST PER FOOT:                $36.35
@    1247   TERRACE S MUSKEGON       Ml 49442     ESTIMATED P.O. COST:   I   $2,399.10     1




24-205-243-0008-00   BETHANY HOUSING              ASSESSABLE FEET:                  66
                     1105 TERRACE                 COST PER FOOT:                $36.35
@    1239   TERRACES MUSKEGON     Ml 49442        ESTIMATED P.O. COST:   I   $2,399.10     1




24-205-243-0009-00   HAVERMANS THEODORE W         ASSESSABLE FEET:                  66
                     1167 PECK ST                 COST PER FOOT:                $36.35
@   1231    TERRACES MUSKEGON     Ml 49441        ESTIMATED P.O. COST:   I   $2,399.10 1



24-205-243-0010-00    MERGENER RANDY F/LAURA ET ASSESSABLE FEET:                    66
                     7375 MERGENER RD             COST PER FOOT:                $36.35
@   1223    TERRACES FRUITPORT    Ml 49415        ESTIMATED P.O. COST:   I   $2,399.10 1




24-205-244-0001-00   KAHN HENRY/JAMES/TINA        ASSESSABLE FEET:                 66
                     1224 TERRACE ST              COST PER FOOT:                $36.35
@   1224    TERRACES MUSKEGON      Ml 49442       ESTIMATED P.O. COST:   I   $2,399.10 1




24-205-244-0002-00    DAY NELLIE                  ASSESSABLE FEET:                 66
                      1232 TERRACE ST             COST PER FOOT:                $36.35
@   1232    TERRACE S MUSKEGON      Ml 49442      ESTIMATED P.O. COST:   I   $2,399.10     1




24-205-244-0003-00   BROWER STANLEY A             ASSESSABLE FEET:                  56
                     1238 TERRACE ST              COST PER FOOT:               $36.35
@   1238    TERRACES MUSKEGON      Ml 49442       ESTIMATED P.O. COST:   I   $2,035.60 1




3/5/02                                                                       Page 1 of 6
RECONSTRUCTION                      HEARING DATE         MARCH 12th, 2002

                                 Terrace, Irwin to Iona
24-205-244-0004-00   JACKSON SEQUITA               ASSESSABLE FEET:                     38
                     1244 TERRACE ST               COST PER FOOT:                 $36.35
@    1244   TERRACES MUSKEGON      Ml 49442        ESTIMATED P.O. COST:   I    $1,381.30 1




24-205-244-0004-10    CHEATHEM PERRY LEE/KAREN ASSESSABLE FEET:                         38
                     101 E DELANO                  COST PER FOOT:                 $36.35
@    1250   TERRACES MUSKEGON        Ml   49444    ESTIMATED P.O. COST:   I    $1,381.30 1




24-205-252-0001-00   CITY OF MUSKEGON              ASSESSABLE FEET:                     66
                     933 TERRACE ST                COST PER FOOT:                 $36.35
@   1264    TERRACES MUSKEGON       Ml 49443       ESTIMATED P.O. COST:   I    $2,399.10 1




24-205-252-0002-00   LEVELSTON WILLIES JR          ASSESSABLE FEET:                     40
                     344 AMITY AVE                 COST PER FOOT:                 $36.35
@   1270    TERRACES MUSKEGON      Ml 49442        ESTIMATED P.O. COST:   I    $1,454.oo 1




24-205-252-0002-10   CITY OF MUSKEGON              ASSESSABLE FEET:                     26
                     933 TERRACE ST                COST PER FOOT:                    $36.35
@   1274    TERRACES MUSKEGON       Ml 49443       ESTIMATED P.O. COST:          $_9_45_.1_0~1
                                                                          ' - I_ _




24-205-252-0003-00   BOSCH JILLEEN K               ASSESSABLE FEET:                     33
                     6411 WCLEVELAND RD            COST PER FOOT:                 $36.35
@   1278    TERRACES MONTAGUE      Ml 49437        ESTIMATED P.O. COST:   I    $1,199.55 1




24-205-252-0003-10   GAGNON WILLIAM/JULIE          ASSESSABLE FEET:                     33
                     2090 W GILES RD               COST PER FOOT:                $36.35
@   1282    TERRACES MUSKEGON       Ml 49445       ESTIMATED P.O. COST:   I    $1,199.551




3/5/02                                                                          Page 2 of 6
RECONSTRUCTION                   HEARING DATE         MARCH 12th, 2002

                                Terrace, Irwin to Iona
24-205-252-0004-00   BOSCH JILLEEN K            ASSESSABLE FEET:                  33
                     6411 W CLEVELAND RD        COST PER FOOT:                $36.35
@   1286   TERRACE S MONTAGUE      Ml 49437     ESTIMATED P.O. COST:   I   $1,199.55     I

24-205-252-0004-10   LAMBOUTHS LUCILLE/LAMBOUT ASSESSABLE FEET:                  33
                     1292 TERRACE ST            COST PER FOOT:               $36.35
@   1292   TERRACE S MUSKEGON      Ml   49442   ESTIMATED P.O. COST:   I   $1,199.55     1




24-205-253-0007-10   PASTOOR THOMAS J           ASSESSABLE FEET:                 66
                     1291 TERRACE ST            COST PER FOOT:                $36.35
@   1291   TERRACE S MUSKEGON      Ml 49442     ESTIMATED P.O. COST:   I   $2,399.10 1




24-205-253-0008-00  PASTOOR THOMAS/RENEE        ASSESSABLE FEET:                 66
                    1291 TERRACE                COST PER FOOT:                $36.35
@   1279   TERRACES MUSKEGON     Ml 49442       ESTIMATED P.O. COST:   I   $2,399.10     1




24-205-253-0009-00  SAVAGE BEVERLY              ASSESSABLE FEET:                 50
                    1273 TERRACE ST             COST PER FOOT:                $36.35
@   1273   TERRACES MUSKEGON      Ml 49442      ESTIMATED P.O. COST:   I   $1,817.50 1




24-205-253-0010-10  KARY PHILLIP                ASSESSABLE FEET:               38.7
                    1267 TERRACE ST             COST PER FOOT:                $36.35
@   1261   TERRACES MUSKEGON      Ml    49442   ESTIMATED P.O. COST:   I   $1,406.75     1




24-205-253-0010-20  KARY PHILLIP                ASSESSABLE FEET:               43.3
                    1267 TERRACE ST             COST PER FOOT:               $36.35
@   1267   TERRACES MUSKEGON      Ml    49442   ESTIMATED P.O. COST:   I   $1,573.96 1




3/5/02                                                                     Page 3 of 6
RECONSTRUCTION                      HEARING DATE         MARCH 12th, 2002

                                  Terrace, Irwin to Iona
24-205-258-0009-10   GOODWIN OBIE M/GOODWIN O ASSESSABLE FEET:                       66
                     1331 TERRACE ST          COST PER FOOT:                     $36.35
@    1331   TERRACES MUSKEGON      Ml 49442   ESTIMATED P.O. COST:        I   $2,399.10    1




24-205-258-0010-00   GOODWIN OBIE M                ASSESSABLE FEET:                 56
                     1331 TERRACE                  COST PER FOOT:                $36.35
@    1325   TERRACES MUSKEGON     Ml 49442         ESTIMATED P.O. COST:   I   $2,035.60    1




24-205-258-0011-00   WASHINGTON MILDRED            ASSESSABLE FEET:                 35
                     4025 LOOMIS                   COST PER FOOT:                $36.35
@    1313   TERRACES MUSKEGON     Ml 49441         ESTIMATED P.O. COST:   I   $1,272.25 1




24-205-258-0011-10   MUSKEGON HOUSING COMM         ASSESSABLE FEET:                 41
                     1080 TERRACE ST               COST PER FOOT:                $36.35
@    1317   TERRACES MUSKEGON      Ml 49442        ESTIMATED P.O. COST:   I   $1,490.35 1




24-205-258-0012-10   GUTIERREZ FIDEL               ASSESSABLE FEET:                 66
                     1305 TERRACE ST               COST PER FOOT:                $36.35
@    1305   TERRACES MUSKEGON      Ml 49442        ESTIMATED P.O. COST:   I   $2,399.10    I


24-205-259-0001-00    AGUILAR CLEMENTINE           ASSESSABLE FEET:                 66
                      1934 E APPLE AVE             COST PER FOOT:                $36.35
@    1306   TERRACE S MUSKEGON       Ml 49442      ESTIMATED P.O. COST:   I   $2,399.10    1




24-205-259-0002-00   SEARER JAMES R/MARY A         ASSESSABLE FEET:                 66
                     113 EMMETT ST                 COST PER FOOT:                $36.35
@    1316   TERRACES GRAND HAVEN Ml 49417          ESTIMATED P.O. COST:   I   $2,399.10 1




3/5/02                                                                        Page 4 of6
RECONSTRUCTION                     HEARING DATE         MARCH 12th, 2002

                                 Terrace, Irwin to Iona
24-205-259-0003-00    CHILD & FAMILY SERVICES     ASSESSABLE FEET:                 387
                      1352 TERRACE ST             COST PER FOOT:                 $36.35
@    1324   TERRACE S MUSKEGON       Ml 49442     ESTIMATED P.O. COST:   I   $14,067.45 1



24-205-266-0006-00   WOODLAND INDIANS MUSKEGO ASSESSABLE FEET:                      31
                     1391 TERRACE ST          COST PER FOOT:                     $36.35
@    1391   TERRACES MUSKEGON      Ml 49442   ESTIMATED P.O. COST:       I    $1,126.85 1



24-205-266-0007-00   JOHNSON PETER F              ASSESSABLE FEET:                  66
                     191 IRWIN                    COST PER FOOT:                $36.35
@    1377   TERRACES MUSKEGON     Ml 49442        ESTIMATED P.O. COST:   I   $2,399.10     1




24-205-266-0008-00   JOHNSON JANET                ASSESSABLE FEET:                  66
                     191 IRWIN                    COST PER FOOT:                $36.35
@    1375   TERRACES MUSKEGON     Ml 49441        ESTIMATED P.O. COST:   I   $2,399.10 1




24-205-266-0009-00    PRICE ROSEANN               ASSESSABLE FEET:                  66
                      1363 TERRACE ST             COST PER FOOT:                $36.35
@   1363    TERRACE S MUSKEGON      Ml 49442      ESTIMATED P.O. COST:   I   $2,399.10     1




24-205-266-0010-00   CROSBY RENE                  ASSESSABLE FEET:                  66
                     1357 TERRACE ST              COST PER FOOT:                $36.35
@   1357    TERRACES MUSKEGON      Ml 49442       ESTIMATED P.O. COST:   I   $2,399.10     1




24-205-266-0011-10    DAVIS JASON/DENNIS/MARY     ASSESSABLE FEET:                  66
                      927 SMEARS AVE              COST PER FOOT:                $36.35
@   1347    TERRACE S WHITEHALL     Ml 49461      ESTIMATED P.O. COST:   I   $2,399.10 1




3/5/02                                                                        Page 5 of6
RECONSTRUCTION                             HEARING DATE          MARCH 12th, 2002

                                      Terrace, Irwin to Iona
24-205-267-0001-00         AUSTIN INVESTMENT PROPERT ASSESSABLE FEET:                       30.1
                     785 BROWNE                            COST PER FOOT:                 $36.35
@    1386   TERRACES MUSKEGON               Ml   49441     ESTIMATED P.O. COST:   I    $1,094_ 14    1




SUM OF ASSESSABLE FOOTAGE:           2230.10       SUM OF ESTIMATED P.O. COST:        $81,064.14    I
TOTAL NUMBER OF ASSESSABLE PARCELS    36




3/5/02                                                                                 Page 6 of 6
                                                                                   . SPECIAL ASSESSMENT
                                                                                  HEARING RESPONSECARD
                                                                                    To have your vote count, ·pl~~~~
                                            ...Retum. Thik
                                                     ',-_,.: ',.
                                                         .   '
                                                                 Card By .. MARCH,_, .12th?2062
                                                                     ;        .     __ __,  '·· ·.
                                                                                             '   '.   . -''   '   '     .                             ',:_     '-,.         -_-         .


        . P;ojettTitle:                                                  Terrace'.lrwinto Iona ..·
        • Project Description: -· All parcels
                  :/{,: ·,.,-. _-_./,     . :
                                              abutti~g Terrace..,_-from. s~Jth ··. lonf t() . N()ith'' ofi~in •. ·
                                                ·:
                                                                                      -                           .                                   ,_,,        '   ·'-
                                                                                                                                                                                  of        .'      '.          '    ,;   -   '',




                   (<.'·                :




        ·1~J~~J~~i6~~                                                                                                                                                                                      >


         •. if you wish {oha,,e your wririen vote inci.uded. as part Ofth~(abuiatibhbi vo,es{o;rWarded ·to
        . the City Com1nission for the scneduled public hearir,g, please rt;Jturn this card by ttie date
            indi.catedabcive.To use this response card please indic:ate whether.you Oppose or Favor
        . tl1is special assess111ent project, sign the form ahd r~turnJtto the. City Clerk's Office .. To .
         .retum this card by.mail, simply)'old· on the d,otted. Hnes sot!}e .address on the reverse side .is·•···
           showing. He sure to seal the form with a small piece oftape cir staple priot to rnailing. .• .
            ',      .-.-~   -- . ' \'' .:                        .,:·<>,.- -.-

          A~sessmenflnforrna1:ion
       · ·Propertyi>.cl~r~ss:                                                                                         •1232•.·· ,.· . '               tER,IY\CE:stiiLr··•...
       ·.·.• Par&ei
        0
                            N~rrib~/ •                                                                                 24°205-244~0602:00
                                                                      0


            AS;~~riableFrontage:                                         .•                                            66                         Feet·•
            E~til½;tecf~ront • F.oof6dst:••                                                                           · $36.35 /.                 per Foot{                        ·.       ;tMARi~l 2002frF ·
       ··Est1M~TEO tdTA2 tbs+                                                                                           2 399 10
                                                                                                                       $ ;   · •                             ·.·· ·.· • 1 •        Citvfcl~t~s Ottib~
••· . ~r86~rty [lest~iptiori ,·
  .. crrvbFMU~KEG()N>•.··
, . REVISED PLATOF 1903 .
.. .        LOT~ BLK244 '.                  <
                                                                                                          .                      ..   -   '   '   '   .


                                                                                                 ·vourvote COUNT;; •
  ·, . Pleaser vote either in)avor or opposed to the, Special A~se~Srri!?nf$treet                                                                                                                  ~aving i~roject
                 •.•,AM INFAV()R                                                                                             .                                   ·     1,ll,rvt'QPPQS~o·:.fi, · • ·
                                                                                                                                                                                                   ::/i.-:-; -'_:·: _:';)f      1




                                                                                                                                                                                                                                    4
                                                                    SPEC~LASSESSMENT
                                                        HEARING RESPONSE CARD
                                                                   To have your vote count, please
                                 Return This Card By MARCH 12th, 2002
     Project Title:                               Terrace, Irwin to Iona
     Project Description: All parcels abutting Terrace from South of Iona to North of Irwin




    INSTRUCTIONS
     i, yuJ 'Nishfo have you, w!ili;;,n vote induded as palloi the  labuiaiion of votes furwarded 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:                                                                          1250 -                          TERRACE ST
     Parcel Number                                                                              24-205-244-0004-10
     Assessable Frontage;                                                                       38                       Feet
                                                                                                                                                                              RECEIVED
     Estimated Front FootCost:                                                                  $36.35                   per Foot                                                        MAR 1 2 2002
     ESTIMATED TOTAL COST                                                                       $1,381.30                                                                   City Clerks Office
     Property DescdQ_l;ion
    CITY OF MUSKEGON
    REVISED PLAT OF 1903
   · 6 ;it{fT bf·_ w 8ti·Fr
    LOT 4 BLK244


                                                                               Your vote COUNTS!



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

                                                                                                                                             I AM OPPOSED                                      ~



Owner          ,...;;L;;.,J.;..'...;...;....;;'··'-1_"1...i...
                                                            ,r...
                                                               · ·.;..''·•.;..,.;,.;.._ _ CoOwner/Spouse _ ..._J/,.,.~_..1....                  ,.11_i_1._.-:._.,.....fl..';_i:_·,_1____
                                                                                                                          :, ,_,,.,.n..,...-_.7_·..,
              .,,.~_,..,_'
                   l~?,;l,,        ·!/., · ,-·.,"'·,-,: !i.. .,~1.f-'fl.,,J:,,;/f·.:~_.,.""""
                                                                     ;,,              • "".          Signature_•'. ..... r·,-
                                                                                                                         :·'·.'._·.'.,.··.•· .,'._.·
                                                                                                                                                ~-·. :__·_'.·1··'!'",-
                                                                                                                                                                  .l,_,•.·.,?_,·,·rr/.
                                                                                                                                                                                  ,,;_·,'•.,. /
Signature. , . · ,;,..: • \
           I i·,; /           •                                                                                               .               iL--_-~_ _.....· _·, .-. ...,.,
Address                   D/ Ii!                     ·'· ·' l/,)'/i'l                                Address              l,;·,,: r- Du,,, ,·, , .
                                                                                                                                                                                 CHf:.:,c"1 1;::;_:-~c,.:. ::· .. :~::C!;A:?i:;:NjE   9
          Thank you for taking the time to vote on this important issue.                                                                                                         :,,'1
                                      SPECIAL ASSESSMENT
                          t     HEARING RESPONSE CARD
                                      To have your vote count, please
                    Return This Card By MARCH 12th, 2002
Project Title:                Terrace, Irwin to Iona
Project Description: All parcels abutting Terrace from South of Iona to North of Irwin




INSTRUCTIONS
If you wish to have your written vote inciuded 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:                                1261          TERRACE ST
Parcel Number                                    24-205-253-0010-10
Assessable Frontage:                             38.7        Feet        RECEIVED
Estimated Front Foot Cost:                       $36.35      per Foot       MAR 1 2 2002
ESTIMATED TOTAL COST                             $1,406.75
                                                                        City Clerks Ott1ce
Property Description
C:TY OF MUSKEGON
R!'VISED Pl.AT OF 1903
N 43.7 FT OF E 97 FT OF LOT 10
EX S 5 FT OF E 87 FT THEROF BLK 253

                                          Your vote COUNTS!



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

                                                                    I AM OPPOSED   ~




                                                                                                  10 .
    Thank you for taking the time to vote on this important issue.
                                                          SPECIAL ASSESSMENT
                                                    HEARING RESPONSE CARD
                                                          To have your vote count, please
                                 Return This Card By MARCH 12th, 2002

 Project Title:                                 Terrace, Irwin {o Iona
 ProjectOescription: All parcels abutting Terrace from South of Iona to North of Irwin




INSTRUCTIONS·
  Ifyou 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 priorto mailing.

Assessment Information
Prnperty Address:                                                            1267          TERRACE ST     ·
Parcel Number                                                                24-205-253 .. 0010-20      RECEIVED
Assessable Frontage:                                                         43.3        Feet                 MAR 12 2002
Estimated Front Foot Cost:                                                   $36.35      per Foot
                                                                                                        City Clerks Office
ESTIMATED TOTAL COST                                                         $1,573.96

 Property Description
CITY OF MUSKEGON
REV!SEO PiAT OF 1903
S 27.3 FTOF E 87 FT LOT 10 &
W 10 FTOF E 97 FTOF S22.3 FTOF LOT 10 &
W 21 FT OF E 1·:a FT OF S 4.3 FT LOT 10 &
                                                                   Your vote COUNTS!



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

                                                                                                I AM OPPOSED       ~


      ..   '   '   .   --·   /   '   .,,..,;:,,,-     '   '   , __,.,,,,,,




                                                                                                                             12
    Thank you for taking the time to vote on this important issue.
                                                                                     H-1547 TERRACE, IRWIN TO IONA

                                                                    PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION



                                            EEEI                 PERCENTAGE                                                      TOTAL NUMBER OF PARCELS - 36
                                                                                                               FOR                              ! '                                 OPPOSE
                                                                                LETTER#        PARCEL#                ST#    ST NAME   FEET           LETTER#      PARCEL#            ST#     ST NAME   FEET
TOTAL ASSESSABLE FRONT FOOTAGE            2230.100 · -                            4       24-205-244-0002-00         1232   TERRACE     66.00            9    24-205-244-0004- 10    1252    TERRACE    38.00
                                                                                                                                                         10   24-205-253-001 0-10    1261    TERRACE    38.70
FRONT FEET OPPOSED                         ~                       ~          / . J'l?o                                                                  12   24-205-253-0010-20     1267    TERRACE    43.30

RESPONDING FRONT FEET IN FAVOR              66.000                 2.96%

NOT RESPONDING - FRONT FEET IN FAVOR      2044.100                 91 .66%

TOTAL FRONT FEET IN FAVOR                 2110. 100                94.62%




                                                                                TOTALS                                                 66.00                                                            120.00




                       TABULATED AS OF:   03/12102    05:12 PM




                                                                                                                              03/1 2/20025:12 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING TERRACE
                       -·




TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          March 12, 2002

RE:            Public Hearing
               Spreading of the Special Assessment Roll on:
               Barney Ave., Valley to Roberts




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment roll for Barney Ave. from
Valley to Roberts, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$115,832.99 would be spread against the ten (10) 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. 2002-32(e)


                       Resolution Confirming Special Assessment Roll

                           For Barney Ave., from Valley to Roberts


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

I.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on March 13, 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:

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

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten (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 Barney Ave., from Valley to Roberts
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:    Gawron , Larson , Schwei fler , S12atar o 1 War mingt on , Buie



Nays:    None




                                                    Gail A. Kundi nger, Ci ty Cl


                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on March 12, 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 March 12, 2002.
                                                                    -·



               MAYOR'S ENDORSEMENT AND WARRANT

                    Barney Ave., from Valley to Roberts

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.
            ECELANOAV
                                                               \
                                                              N

            ~tj          '=3~ i


.
I


                                               .~·'
    I   J     I         SPECIAL ASSESSMENT DISTRICT •-
                              "LOCATION MAP"
                                                              t;
                                   ~


                  EHOVEYAV   z
                                 ,,,--    I
                                          .           I   I   I_gr-----,,--~_J_
                                                                ~
                                                              f!!
                                                                                __
                         AFFIDAVIT OF MAILING


STATE OF MICHIGAN        )
                         ) ss
COUNTY OF MUSKEGON)

        TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

                  H -1527 BARNEY, VALLEY TO ROBERTS

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 STATESMAILRECEPTACLEONTHE 1st DAY OF MAR H 2002.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
  1,2-t/2 DAY OF    ZZh cc/2      2002.  ,
~               -002,        ~
    ARYPUBtIC, MUSKEGON COUNTY, MICHIGAN
 L ,·,, cl. C\.    ...5 . f?c f-f r r
MY COMMISSION EXPIRES             7- ::J S- -o d--.
-·



March 1st, 2002




BAY CARTAGE CO
2653 OLTHOFF ST
MUSKEGON, Ml    49444-2680

Property Parcel Number: 24-133-300-0002-00 at OE BARNEY AVE


     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:

                             Barney Avenue, Valley Street to Roberts Street.

                                             Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
March 12th, 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 March 12th, 2002YOU 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.



The final projected cost of the street improvement portion of the project is $226,000.00 of which
$115,832.99 (51.3%)will be paid by special assessment to property owners. If the special assessment is
confirmed, your property will be assessed $9,451.00 based on 260 feet assessable front footage at
$36.35 per assessable foot for the street improvements. In addition, you will be assessed $0.00 for
driveway approach and/or sidewalk improvements made to your property for a total special assessment
cost of $9,451.00. Following are the terms of the special assessment:

                                  Assessment Period: Ten (10) Years
                                      Interest Rate: 5% per year
                                       First Installment: $945.1 O
                                      Due Date: MAY 14th, 2002

0
                                                                              -·
'   .   • 'l




               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,



               Mohammed AI-Shatel, P.E.
               City Engineer




               Enclosures
                                         -·
'   '   .
             Procedure for protesting special assessments under to
                      the Michigan State Tax Tribunal.


            Step 1: you must protest at the first hearing or by writing 30 days following
            the meeting.



            Step 2: This protest becomes an official record. Either in the minutes of the
            meeting, or a copy of your letter. This ensures that your rights are
            confirmed.



            Step 3: After the completion of the project in your area, a second hearing
            will be held to confirm the Special assessment district. After this time you
            may file a official protest with the Michigan State Tax Tribunal. At which
            time your earlier protest will be used as record.



            MICHIGAN TAX TRIBUNAL
            1033 S. Washington Ave.
            P.O. Box 30232
            Lansing, Ml 48909




            S:IENGINEERING\COMMON\2001 PROJECTS MASTER FILE\PROJECTS\Bamey, Valley lo Roberts\CONFIRM\Procedu«: for
            protesting special assessments under to the Michigan State Tax Tribunal.doc
                                                                                                      -·
        I




                         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 (Law Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:

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

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

    •       Be a citizen of the U.S.

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

    •       Have a special assessment of $300.00 or more.

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

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

  V. Additional Special Assessment Payment Assistance
· Qualified low and moderate income homeowners who are being assessed may be eligible for payment
  assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
  from this program will be available to the extent that funds are available. To obtain further information and
  determine whether you are eligible, contact the Community and Neighborhood Services Department at
 724-6717.
                                                       -·

/




                                  CITY OF MUSKEGON
                               NOTICE OF PUBLIC HEARING
                        CONFIRMATION OF SPECIAL ASSESSMENT ROLL

                                   SPECIAL ASSESSMENT DISTRICT:
                        BARNEY AVE., ROBERTS TO VALLEY (H-1527)

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

                         All parcels abutting Barney Ave. from Roberts to Valley

    PLEASE TAKE NOTICE that a hearing to confirm the special assessment district will be held at
    the City of Muskegon Commission Chambers on MARCH 12, 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 RlGHT 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 TRJBUNAL. HOWEVER, UNLESS YOU PROTEST
    AT THIS HEARING OR DID SO AT THE PREVIOUS HEARJNG ON THIS SPECIAL
    ASSESSMENT DISTRJCT EITHER IN PERSON OR BY AGENT, OR IN WRJTING
    BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
    TRJBUNAL 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: MARCH 2, 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
    -·
1
                                                                                    ·cEIVtU
                                                                               . ~r~   OF MUSKEGON
                                            CITY OF MUSKEGON                         f.1/.\R 2 i 2001
                                         Resolution No. 2001-28 ( d)
                                                                                ; ~~'NEERING DEPT.
                     Resolution At First Hearing Creating Special Assessment District
         For Barney Street from 2.5' East of the Easterly R-OW line of Valley to 20' West of the
                                    Westerly R-O-W line of Roberts
                          Location and Description of Properties to be Assessed:
                                 See Exhibit A attached to this resolution


    RECITALS:

    1.       A hearing has been held on March 13, 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 13, 2001, there were 17. 79 % objections by the owners of
             the property in the district registered at the hearing either in writing received before or at
             the hearing or by owners or agents present at the hearing, and the Commission has
             considered the advisability of proceeding with the project.

    FINDINGS:

    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 -~~~~..,.,..-----
                                                                          Shepherd
           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 35.86% 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~p=at_a=r~o~,~A~s-'-la=k~s~o'-n~,-'N-'-i~e=l=s=e'-'-n,_,-'S'-'c"'h"'w=e-'-if'--1'-'P'-'-.r__,.--=-S=he--".p=h=e=r=d,_,_S'-i~e=r-"a=d=z'-'-k'-i__


           Nays___B_en_e_d_i_c_t_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __



                                                                                                     CITY OF MUSKEGON


                                                                                                     By        ~Q-~.
                                                                                                                 ail A. Kundinger, C l e ~


                                                            ACKNOWLEDGMENT

    This resolution was adopted at a meeting of the City Commission, held on March 13, 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
             -·




                                        EXHIBIT A


            BARNEY Street from VALLEY TO ROBERTS
                         SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of All properties abutting Barney from 2.5' east of the
   easterly ROW of Valley Street to 20' west of the westerly ROW of Roberts Street
                                                                         -·


                  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 MARCH, 2001 THE CITY COMMISSION
ADOPTED A RESOLUTION CREATING THE FOLLOWING SPECIAL
ASSESSMENT DISTRICT:

All parcels abutting Barney Avenue from 2.5' east of the easterly ROW of Valley Street
                   to 20' west of the westerly ROW of Roberts 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 MARCH 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 Il{ AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OF IvIAR H 2001.

                                                           0.     i




SUBSCRIBED AND SWORN TO LORE ME THIS
  )Sf/4 DAYOF 1Z)o4c           ,2001.

ai/Y1&1 J                 l1l1i4
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY COMMISSION EXPIRES             'f~ c2C:-o e?,,
                                                               H-1527                           HEARING DATE MARCH 12TH, 2002

                                        Barney Avenue, Valley Street to Roberts Street.

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

24-133-300-0002-00       0 BARNEYAVE      BAY CARTAGE CO       2653 OLTHOFF ST     MUSKEGON     Ml 49444-2    $9,451.00         $0.00                   $9,451.00

24-133-300-0014-00       0 BARNEYAVE      GETTYRIDGE           696 PINE MEADOWS    WILLIAMSTON Ml 48895-1 $10,431.72            $0.00                  $10,431.72

24-133-300-0001-00       0 BARNEYAVE      MCINTYRE JOHN RILi   PO BOX 1088         MUSKEGON     Ml 49443      $1,454.00         $0.00                   $1,454.00

24-133-300-0015-00       0 BARNEY AVE     TRIDONN DEVELOPM     1838 RUDDIMAN       MUSKEGON     Ml 49445      $7,698.93         $0.00                   $7,698.93

24-861-000-0193-00       0 VALLEY ST      TRINITY VILLAGE II LT DIVIDEND HOUSING   MUSKEGON     Ml 49444-0    $9,534.61         $0.00                   $9,534.61

24-133-300-0009-00   951 BARNEY AVE       INTRA CITY DISPATCH 951 E BARNEY AVE     MUSKEGON     Ml 49444     $11,227.06   2,094.64                     $13,321.70

24-133-300-0001-10   1000 BARNEY AVE      MUSKEGON TOOL PR     1000 E BARNEY AVE   MUSKEGON     Ml 49444      $9,087.50   3,112.78                     $12,200.28

24-133-300-0004-00   1122 BARNEY AVE      JOHNSTONS ENTERP 7300 CLYOE PARKS        GRAND RAPID Ml 49509      $10,347.75   2,893.37                     $13,241.12

24-133-300-0005-00   2285 ROBERTS ST      BAY CARTAGE CO       2653 OLTHOFF ST     MUSKEGON     Ml 49444-2    $6,932.76   1,959.79                      $8,892.55

24-133-300-0016-00   2399 ROBERTS ST      BTOH INC             PO BOX28606         ATLANTA      GA 30358-0 $29,607.08           $0.00                  $29,607.08




                                                                                                                                    Page 1 of 2

                                                                                                                            -   -   .....   -£   ,.,
Date: February 12, 2002
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE: Pension Ordinance Clarification


SUMMARY OF REQUEST: Section 10(d) of the City's Police & Fire Retirement
System ordinance provides that "a member who remains in the employ of the city but
ceases to be a police officer or a firefighter shall remain a member of the retirement
system for the duration of his City employment." This provision recently came into
play when the former Fire Marshall assumed the position of Director of Inspections.
The current ordinance does not, however, specify the benefits or contributions
pertaining to an affected employee. Attached is a technical correction ordinance
intended to address this matter. It provides that the contributions and benefits will be
the same as if the member had not left employment with the Police or Fire
Departments.

FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None. The position was budgeted with the
pension benefits accorded to a Fire Department position.

STAFF RECOMMENDATION: Approval.




9/18/97
                                 PARMENTER o-TOOLE
                                                       Allomeys at Law


                              175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
                                     Phone 231.722.1621 • Fax 231 .722.7866 or 231.728.2206
                                                      www.Parmenterlaw.com




January 28, 2002


Tim Paul
Finance Director
City of Muskegon
P .O. Box 536
Muskegon,MI 49443-0536

Re:      Police/Fire Retirement System

Dear Mr. Paul:

Enclosed is an Ordinance Amendment providing for benefits and contributions for members who
leave a police or fire bargaining unit and accept a position nonnally subj ect to the General
Employee's Retirement System (Bob Grabinski), which as been revised based upon our previous
discussion.

If you have any further questions or concerns, please let me lmow.



              yr:l>r·
John C. Sclu·ier
JCS:mmf




G:\EDSI\FILES\00100\0009L\LTRIA01765.DOC
                                                   CITY OF MUSKEGON

                                          MUSKEGON COUNTY, MICHIGAN

                                                  ORDINANCE NO. _ __

       An ordinance amending Appendix A of the Code of the City of Muskegon concerning
Police-Fire Retirement System Ordinance.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

          The Police-Fire Retirement System Ordinance is amended as follows:

           1.        Section 10. RETIREMENT SYSTEM MEMBERSHIP

                     Section 10 shall be amended to read as follows:

                  Section 10. (a) The membership of the retirement system shall include all police
          officers and firefighters who are in the employ of the city and all police officers and
          firefighters who become employed by the city, except as provided in subsection (b) of
          this section.

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

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

                                (2) Special officers or special firefighters, or

                                (3) Privately employed police officers or firefighters.

                  (c) Except as provided in subsection (d) of this section and except for the
          purposes of section 11, subsection (c), should any member cease to be employed by the
          city as a police officer or a firefighter he shall thereupon cease to be a member.

                  (d) A member who remains in the employ of the city but ceases to be a police
          officer or a firefighter shall remain a member of the retirement system for the duration of
          his city employment. A member who retains membership in this retirement system
          pursuant to Section 10(d) shall be required to make contributions and is afforded
          retirement benefits as if the member had not left employment within the Police or Fire
          Department.

                  (e) In any case of doubt as to the membership status of any person the board shall
          decide the question within the meaning of the provisions of this ordinance.

        In all other respects Appendix A of the Code of the City of Muskegon shall remain in full
force and effect.

This ordinance adopted:

Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
G :\EDS I\FILES\001 00\0009l \ORD lN\929642.DOC
Adoption Date: _ _ _ _ _ _ _ _ _ _~
Effective Date: - - - - - - - - - - -
Fi rs t Reading: _ _ _ _ _ _ _ _ _ __
 Second Reading: _ _ _ _ _ _ _ _ __
                                                            CITY OF MUSKEGON

                                                           By: _ _ _ _ _ _ _ _ _ _ _ _~
                                                               Gail A. Kundinger
                                                               City Clerk

                                                  CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby ce1iify that the foregoing is a trne and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ___ day of _ _ _ _ _ _ _~ 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 further ce1iify 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:----~ 2002
                                                  Gail A. Kundinger, CMC/AAE
                                                  Clerk, City of Muskegon

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




G:\EDS 1\F!LES\001 00\0009L \ORD IN\9Z9642. DOC
                 Commission Meeting Date: March 12, 2002

Date:                 March 6, 2002
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department
RE:                   Option to Purchase Buildable Large Vacant Lots
                      in Jackson Hill Neighborhood for Finlay
                      Properties, Inc. for Senior Housing Development


SUMMARY OF REQUEST:
To approve an option agreement between the City of Muskegon and Findlay Properties, Inc.
for two large parcels of vacant land in Jackson Hill Neighborhood (designated as parcel
numbers 24-205-020-0008-00 and 24-205-0019-0012-20) and described as:

Parcel No. 1: CITY OF MUSKEGON REVISED PLAT OF 1903 S 44 FT LOT 7 ALL LOT 8
& 9 & THAT PART OF LOT 10 LYING W OF MCLAREN ST BLK 20 ALSO LOTS 2 & 3
BLK 21 ALSO LOTS 4 & 5 BLK 22 S OF SUMNER AVE

Parcel No. 2: CITY OF MUSKEGONREVISED PLAT OF 1903 S 108.35 FT LOT 9 ALL
LOT 12 EXC N 99 FT OF E 132 FT OF LOT 12 BLK 19 ALSO THAT PART OF LOT 10
BLK 20 LYING E OF MCLAREN

FINANCIAL IMPACT:
The sale of these lots for construction of a senior housing development will generate
additional tax revenue for the City and will place the property back on the City's tax rolls thus
relieving the City of continued maintenance costs.

BUDGET ACTION REQUIRED:
None

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

COMMITTEE RECOMMENDATION:
The Land Reutilization Committee (LRC) recommended approval of the sale of this property
to Findlay Properties, Inc. for a senior housing development at their February 26, 2002
meeting.
3/6/02
                                                                                                                            c/1 (J Os2 - .l 3 (6)




                                                 OPTION AGREEMENT

        THIS AGREEMENT is made                          tllac ch
                                                          /,2 , 2002, between the City of
 Muskegon ("Owner"), of 933 Terrace St., Muskegon, MI 49440, and Finlay Development,
 LLC, a Florida limited liability company, ("Purchaser"), of 4300 Marsh Landing Boulevared,
 Suite 101, Jacksonville Beach, Florida, with reference to the following facts:

                                                          RECITALS

      A.       Owner owns parcels ofreal property located in the City of Muskegon, County of
Muskegon, State of Michigan, as legally described on attached Exhibit A, together with all
easements, rights-of-way, and appurtenances thereto ("Property").

       B.      In consideration of Purchaser investing time and money to investigate
development of the site, Owner is willing to grant                  an
                                                       exclusive option to purchase the Property
according to the terms and conditions set forth in this Option Agreement.

     THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET
FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND ADEQUACY OF WIIlCH IS ACKNOWLEDGED, THE PARTIES
AGREE AS FOLLOWS:

       1.     Grant of Option. Owner grants to Purchaser the exclusive option to purchase the
Property ("Option").

       2.      Period of Option. This Option shall remain open, irrevocable and subject to
exercise at any time from the day this option is executed by Purchaser until 5:00 P.M., December
31, 2002, ("Option Period"). After said date and time the option shall terminate.

        3.      Option Fee. Upon execution of this option agreement by the Purchaser,
Purchaser shall deliver to the Owner a duplicate original of the signed option together with
certified funds in the amount of $1000.00, being the consideration for this option. The fee is
separate consideration, not refundable, and shall not be credited against the purchase price.

        3.     Exercise of Option. This Option shall be exercised by Purchaser giving Owner
written notice within the Option Period.

       4.     Price and Terms of Payment. The purchase price for the Property will be
$45,000 ("Purchase Price"); At closing, Purchaser shall tender to Owner the Purchase Price by
paying Owner, in cash, the Purchase Price.

        6.      Closing. If this option is properly exercised, the closing shall take place at the
closing offices ofTransnation Title Insurance Company, Muskegon, Michigan, within ten days

S:\PLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2002 BUILDABL~ Lf T_SALES\FINDLAY PROPERTIES\FINLAY OPTION AGREEM ENT.DOC
  after Owner has obtained (or Purchaser has obtained on behalf of Owner) a title insurance
 commitment evidencing marketable title in the Owner or prior to the expiration of this option,
 whichever is later. Purchaser will notify Owner of the time and date of closing. In the event the
 title commitment as furnished by Owner is objected to by Purchaser, Owner shall have twenty-
 eight 28 days after receiving written notice, to remedy any claimed defects in title. In the event
 the same cannot be adequately remedied to Purchaser's satisfaction, this Agreement may be
 terminated by Purchaser or Purchaser may proceed with closing subject to any such defects in
 title. Purchaser shall pay all costs of such title commitment. If the Option is exercised and
 closing occurs, Owner shall pay the cost of the owner's policy of title insurance.

         7.       Costs at Closing. The parties will pay the following costs at closing: Owner will
 pay for the title insurance premium and the documentary stamps if any; Purchaser will pay
 recording costs. Each party will pay its own attorneys fees.

           5.   No Real Estate Broker. Neither party has retained the services of a real estate
broker. In the event any claim is made for real estate brokerage fees they shall be the
responsibility of the party with whom the Broker has a contract and each party shall hold the
other harmless from any such liability.

       6.      Documentation at Closing. At closing, Owner shall tender to Purchaser a quit
claim deed to the premises above described, together with any necessary documentation required
to comply with the requirements of any title insurance commitment.

        7.      Taxes, Special Assessments and Other Indebtedness. Taxes, if any, shall be
prorated as if paid in advance on a fiscal year basis. The parties understand that there are no
current taxes, since the property is held in City ownership.

        8.     Right to Inspect. Owner grants Purchaser the right to enter the Property at
reasonable times for the purpose of performing any and all inspections deemed reasonably
necessary by Purchaser, including survey, soil borings, environmental investigations and testing.
Owner has no knowledge of and make no representations regarding the presence or non-
presence, now or in the past, of hazardous wastes or substances, or of underground storage tanks
on the Property which is the subject of this agreement, nor with respect to any environmental
conditions affecting the Property. Purchaser agrees to restore the Property in its same or better
condition following completion of the inspection period.

        9.   Liens and Encumbrances. Purchaser shall not cause liens, conditions of title or
other encumbrances to occur on the Property during the Option Period.

         10.     Notices. Any notice that either party may give or is required to give under this
Option Agreement shall be in writing and, if mailed, be effective three days after being sent by
first class mail, postage prepaid, addressed to the other party at the other party's address as set
forth in this Option Agreement, or at any other address that the other party provides in writing.

C:\TEMP\A35994.DOC
                                                -2-
         11.     Failure to Exercise Option. If Purchaser fails to timely exercise this option,
 then this option and right to purchase shall cease.

           16.       General Provisions.

                   a.      Risk of Loss. Following execution of this Option Agreement and until
           closing on the purchase of the Property, the risk ofloss because of damage to or
           destruction of any improvements located on the Property shall be solely that of Owner.
           Following closing, risk ofloss shall shift to Purchaser.

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

                   c.      Assignment. The Owner having determined that Purchaser is uniquely
           acceptable to it for the development of the Property, no assignment of this option without
           the written consent of the Owner is permitted. Owner shall have sole and unlimited
           discretion to refuse to accept any assignee as an interested party in this agreement.

                 d.     Successors. All terms and conditions of this Option Agreement shall be
          binding upon the parties, their successors and assigns.

                  e.      No Third Party Beneficiary. This Option Agreement shall benefit only the
          parties to this Option Agreement, and not any third party.

                 f.      Severability. In case any one or more of the provisions contained in this
          Option 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 hereof, and this Option Agreement shall be construed as if such provision( s)
          had never been contained herein.

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

                h.     Modification of the Option Agreement. This Option Agreement shall not
          be amended except by a writing signed by Owner and Purchaser.

                                    Signatures are on the next page.




C:\TEMP\A35994.DOC
                                                  -3-
                      OWNER-City




                        Linda.Potter; Deputy City Clerk

                     Date:   (lZ, c0b 1-2, Joo;)_




                     Date:   31f /C1 Ilo   J..




C:\TEMP\A35994.DOC
                     -4-
                                                            Legal Description


         The South 44 feet of Lot 7, all of Lots 8and9, and that part of Lot 10 lying West of
McLaren Street, all in Block 20; also Lots 2 except the Northerly 66 feet and 3 of Block 21; also
the South 108.35 feet of Lot 9 of Block 19; also Lot 12 except the North 99 feet of the East 132
feet of the said Lot 12, Block 19; also that part of Lot 10, Block 20 lying East of McLaren
Street, all in the Revised Plat of 1903 of the City of Muskegon, in the County of Muskegon,
State of Michigan.




S:IPLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2002 BUILDABL~ '-ST_SALES\FINDLAY PROPERTIES\F!NLAY OPTION AGREEMENT.DOC
            Commission Meeting Date: March 12, 2002




Date:         March 6, 2002
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department
RE:           Contract for Payments in Lieu of Taxes For Finlay
              Properties, Inc. Housing Development- Jackson
              Hill


SUMMARY OF REQUEST: A contract providing for payments in lieu of taxes for the
Finlay Properties, Inc. development (see map attached) has been requested in
accordance with Section 2-6 of the City Code of Ordinances. Members of Finlay
Properties, Inc. have met with City staff, as well as members of the Jackson Hill
Neighborhood Association. The Association has been very supportive of their
project.

FINANCIAL IMPACT: Payments under the contract are recommended to be four
percent (4%) of the highest contract rents for all eligible units, whether occupied or
not

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Staffs recommends that the City Commission
approve the attached Contract and authorize the Mayor and Clerk to sign.

COMMITTEE RECOMMENDATION: None.
                                                                                             Ir    Ii          >


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                                      CITY OF MUSKEGON

                               CONTRACT FOR HOUSING EXEMPTION


        This Agreement between Finlay Development, LLC, a Florida limited liability
company, 4300 Marsh Landing Boulevard, Suite 101, Jacksonville Beach, Florida
32250 ("Developer") and City of Muskegon, 933 Terrace Street, Muskegon, Michigan
("City") is made pursuant to the following terms:

                                           RECITALS

       A.     Developer has acquired an option to purchase a site in the City of
Muskegon for the construction of a proposed low-income housing project (for the
elderly) as defined in City Ordinance 2-6(e)(3), (the "Project").

        B.    Developer and an affiliate of Developer, to be formed, have or will enter
into an agreement to form a limited dividend housing association to function as owner of
the proposed low-income housing project. The owning entity to be formed will be
identified as Finlay Interests 47 Limited Dividend Housing Association Limited
Partnership, a Michigan limited partnership.

      C.     The City encourages construction and financing of the said low-income
housing project which is identified by the working name of The Village at Jackson Hill.

      D.    To further enable and encourage the construction of the housing project,
Developer and the City enter into this Agreement.

         E.      The legal description of the Project is set forth in Exhibit A attached to this
Agreement.

         NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

       1.     Grant of Exemption. As contemplated and pursuant to Act 346 of the
Public Acts of 1966, as amended, the State Housing Development Authority (the "Act"),
the City hereby grants an exemption from all property taxes attributable to the buildings
which consist of rental units offered to eligible low income persons and families as
defined by the Michigan State Housing Development Authority (the "Authority").

        2.    Term of Exemption. This exemption shall continue for the period of time
the housing units remain subject to income and rent restrictions pursuant to Section 42
of Internal Revenue Service Codes of 1986, as amended (IRS Codes), or the Authority
Regulatory Agreement not to exceed 25 years. The City agrees to be contractually
bound by this Agreement to honor the exemption status of the proposed project as
provided therein and in this Agreement for the entire period during which the Project is
financed by the Authority or receives low income housing tax credits under Section 42



{D0020691.1 MBP 006233-0007)                    1
of the IRS Codes, provided that the said loan or a loan originally financed by the low
income housing tax credits continues outstanding and not in default as more particularly
set forth in Section 2-6 subsection (2) of the Ordinance, not to exceed 25 years.

         3.      Responsibilities of the Developer. The Developer agrees to perform the
following:

        3.1    The Developer shall pay the service charge and payment in lieu of taxes
set forth in Section 2-6(F) of the Ordinance in a timely manner (on or before July 1, of
each year during the time the exemption is in effect). For said purposes the Developer
recognizes and will abide by all of the collection provisions of the ordinance, including
without limitation, the acceptance of the lien provisions status of the payments in lieu of
taxes in the event of default as set forth in 2-6(h), (i), and G) or the Ordinance. The
service charge shall equal four percent (4%) of the contract rents charged for the total of
all units in the exempt housing project, whether the units are occupied or not and
whether or not the rents are paid.

       3.2    The Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority's
administration of the low income housing tax credit program.

         4.     Term. This Agreement shall continue in effect for the entire period of
eligibility for the exemption as set forth in the Ordinance. The City considers itself
bound by this Agreement for the entire term hereof.

       5.     Interpretation of Financing. The City agrees that the financing of the
mortgage by the use of low income housing tax credits constitutes financing of the loan
by the Authority in fulfillment of the requirements of Section 2-6(e)(3) of the Ordinance.

       6.      Third Party Beneficiary. This Agreement shall benefit the parties named,.
including the limited dividend housing association to be formed, and further shall benefit
the Authority, or such other mortgagee as may have financed the housing project, which
may enforce this Agreement, both as its interest may appear, and on behalf of the
Developer and its successors and assigns. No other party is a beneficiary of this
Agreement.

      7.    Counterparts. This Agreement may be executed in several counterparts
and an executed copy hereof may be relied upon as an original.

      8.      Binding and Benefit. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, administrators, personal
representatives, successors and assigns.

      9.     Effective Date. The effective date of this Agreement is the date that
Developer or its assignee acquires the property.




{D0020691.1 MBP 006233-0007}                2
       IN WITNESS WHEREOF, the parties have signed this Agreement on the dates
indicated below.

Dated:      7Zlqr<,,     /2    /,,½<   , 2002



Dated:     ll7acc h            /c2     , 2002




Dated:     /V/ttrch (4                  2002




{D0020691.1 MBP 006233-0007)                    3
Sent By: FINLAY PROPERTIES INC;                              9042809993                        Mar-6-02 12:47PM;              Page 2/2


                                                                                                                               3/6/02


  FINLAY PROPERTIES                                The VIiiage at J, ck8on Hill
  Muskegon
  Muakegon, Ml

  Opt!tatinq Assumptions

  Rehab Unlta           0
  New Units             ~
  Total Unita           40


  UnltTvne          set-aside      Bedrooms Baths           #of Uni       R   Unit Size    Max Net Rent Monthlv    Rent Annual Rent
                1            40%          1             1                 7          750   $        459 $          376    $   31,600.80
                2            40%          2             1                 3          950   $        552 $          453    $   70 590.00
                3            45%          1             1                 6          750   $        516 $          433    $   31,190.40
                4            45%          2             1                 2          950   $        621 $          522    $   75,096.00
                5            60%          1             1                 1          750   $        689 $          550    $    6 600,00
                6            60%          2             1                 1          950   $        B2B $          675    $    8,100.00
                7                                                                                                         $         -


                8                                                                                                         $         -


                9                                                                                                         $         -
             10                                                                                                           $         -
             11                                                                                                           $         -
             12                                                                                                           $         -
  Totals                                 66            40                 0      35,200                                   $ 223,177.20
   Average                              1.65            1                           880                   $        465    $   5,579.43


                              Max Gross Rents                   Utility                                   Max Net Rents
                             40%        45%          60% Allowan e                                  40%            45%             60%
   Efficiency                                                                              $        .     $        -      $         -
   1 bedroom        $        459 $      516    $     689 $                3                $        386   $        443    $        616
   2 bedroom        $        552   $    621    $     826 $            ·o                   $        463 $
                                                                                                    .
                                                                                                                   532    $        739
   3 bedroom                                                $        -                     $              $         -     $         -
   3 bedroom
Date:     March 4, 2002
To:       Honorable ~~~nd City Commissioners
From:     Ric Scott   )Yc/2/P
RE:       Arena Compressor Donation


SUMMARY OF REQUEST:
To donate the old arena compressor to The Winter Sports
Complex


FINANCIAL IMPACT:
The City purchased the compressor for about $50,000


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve, pending determination of possible city use of
the compressor


COMMITTEE RECOMMENDATION:
Leisure Services Board recommends approval
Affirmallve Acllon
231/724-6703
FAX/722-1214

Assessor
231/724-6708
FAX/726-5181

Cemetery
231/724-6783
FAX/726-5617

Civil Ser vice
231/724-6716
FAX/724-4405                                        West Michigan's Shol'ellne City
Clerk
23 I /724-6705        Date:         March 4 , 2 002
FAX/724-4 178

Comm. & Neig h.
                      To:           Honorable M~~-and City Commissioners
     Ser vices
23 I /724-6717
                      Fr om:        Ric Scott       lf<JU r
FAX/726-250 I
                      Re:           Arena Compressor Donation
Engineer ing
23 I /724-6707        The Winter Sports Complex has requested that we donate
FAX/727-6904
                      to them the used ice compressor from the arena.
Finance               Originally we paid about $50 , 00 0 for the compressor .
23 I /724-6713
FAX/724-6768
                      The compressor became expendable when the renovations
                      were done a few years ago.
Fire Dept.
231 /724-6792
FAX/724-6985
                      At their meeting on October 15 th , 2001 , the Leisure
                      Services Board approved giving the compressor to the
Income Tox
231/724-6770
                      Winter Sports Complex.
FAX/724-6768
                      The first week on November , I met with the Lakeside
Info. Systems
231/724-6744
                      Neighborhood Association about projects they would like
F AX/722-430 I        to see done at Seyfarth . One of the projects they
Leisure Service
                      requested was a refrigerated ice rink. That request was
231/724-6704          sent on with other options to the Community Foundation
F AX/724-1196
                      for consideration by the Seyfarth Family.
Manngcr's Office
231 /724-6724         Because i t made no sense to give away a compressor that
FAX/722-12 14         could b e used at Seyfarth , I did not send on the request
Mayor's Office        from the Sports Council to the Commission. To the best
231/724-6701          of my knowledge , the Winter Sports Complex is not yet
FAX/722-1214
                      ready to build the refrigeration unit at this time. The
Inspection Services
23 I /724-6715
                      Seyfarth Family has indicated that they will not make
FAX/726-2501          any decisions about futur e projects at Seyfarth until
Plonnlng/Zonlng
                      they return to Muskegon this spr ing.
231/724-6702
FAX/724-6790          While I understand that the Winter Sports Complex is now
Police Dept.
                      counting on the compressor for their use , I would
231 /724-6750         recommend that that we put off maki ng that decision
FAX/722-5140
                      until we decide whether we would l i ke to build a
Public Works          refrigera ted ice rink at Seyferth.
23 I /724-4100
FAX/722-4188          This issue is being brought to the City Commission at
Treasurer             this t i me because the Leisure Services Board r e comme nde d
23 I /724-6720        at their me eting in Febr uary that we bring i t to you at
FAX/724-6768
                      this time.
Water DIiiing Dept.
231 /724-6718         Tha nk you for your consideration .
F AX/724-67 68

Water Flltrallon
231/724-4106
F AX/755-5290


                            City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                       City of Muskegon
                                  Equipment Lease Agreement
                                      ~oo~ - 3'f(o..)
       This lease agreement is made effective on March 15, 2002, betv,,een the City of Muskegon
("Lessor"), a Michigan municipal corporation located at 933 Ten-ace St., Muskegon, Michigan
49440, and Muskegon Sports Council, a Michigan Non-profit Corporation, ("Lessee"), located at
P.O. Box 5085, No1ih Muskegon, MI 49445.

                                                Background

     A. Lessor owns a certain compressor for the purpose of making ice ("Equipment").

     B. Lessee requires the Equipment for the following purpose ("Purpose"):

                    To use for making ice and maintaining ice surfaces in various facilities at the
                    Winter Sports Complex in the Muskegon State Park.

   C. Lessee desires to lease the Equipment from Lessor and Lessor desires to lease such
Equipment to Lessee for the Purpose stated above and pursuant to the tenns and conditions of this
Agreement.

     Therefore, the parties agree as follows:

      1.     Lease. Lessor leases to Lessee, and Lessee leases from Lessor the Equipment
owned by Lessor, which is specifically described on Schedule A.

       2.     Term. The tenn of this lease shall be for twenty (20) years, commencing on March
15, 2002. Renewals may be negotiated.

       3.       Transportation, Installation and Maintenance of Equipment. Lessee shall be
responsible for providing for the pick-up, assembly, insatallation, maintenance and return of the
Equipment and all costs associated with those functions.

       4.     Rental. Lessee agrees to pay Lessor as rent for the Equipment the sum of $ 1.00 per
year. The sums payable under this lease shall not entitle Lessee to any equity interest in the
Equipment.

        5.      Taxes. Lessee shall pay all taxes, assessments, and other governmental charges
levied against the Equipment or this lease agreement.

        6.     Insurance. Lessee agrees to procure and pay the premium for liability insurance,
cove1ing both damage to persons and prope1iy incmTed dming the use of the Equipment, in an
amount not less than $ 100,000.00 with an insurance company satisfactmy to Lessor. The insurance
policy shall name both parties as insured paiiies. The insurance policy shall cover liability for any
loss, damage, injmy, or other casualty to persons or properiy caused or occasioned by or aiising
from any use of the Equipment by or negligence of Lessee or any of Lessee's agents, servants,

                                                                                               Page 1 of 1
C :\WINDOWS\TEMPIA4244 7_ .doc
visitors, licensees, or employees during the lease tenn. The insurance policy also shall provide for
full standard extended risk insurance covering damage to the Equipment by fire, wind, stonn, or
other insurable casualties, in an amount equal to the full insurable replacement value of the
Equipment. A copy of the insurance policy(ies) or certificate(s) of coverage shall be provided to
Lessor at the time of pick-up.

         7.      Responsibility for Care, Use, and Maintenance of Equipment.

                  a. Lessee shall maintain the Equipment in good condition and repair and shall pay
         for all damage or destruction of the Equipment during the lease tenn.

                         i.     TI1e cost for the destruction of an item of equipment shall be its
                  replacement cost less reasonable depreciation.

                          ii.     The cost for damage resulting during the tenn shall be the decrease
                  in value resulting from such damage and the cost for repairs that are necessary to
                  such Equipment.

                 b. Lessee agrees that the Equipment will be operated by competent employees and
         will be used solely for the Purpose stated above.

                  c. Lessee agrees not to change, alter, or remove, or pennit to be changed, altered,
         or removed, any insignia, lettering, serial number, or model name on the Equipment. If
         requested by Lessor, Lessee shall identify the Eqnipment conspicuously with a sign or
         lettering indicating Lessor's ownership.

                d. In the event of any loss, theft, or destruction of all or any part of the Equipment,
         or damage of it beyond repair, Lessee shall notify Lessor promptly and hold the Equipment
         or any wreckage available for disposal.

                e. Lessee agrees not to pennit others to use the Equipment, for hire or otherwise,
         without first obtaining the written consent of Lessor.

         8.    Ownership. The Equipment is, and shall at all times remain, the sole and exclusive
property of Lessor; Lessee shall have no right, title, or interest in it except as expressly set forth in
this lease.

       9.      Personal Property. The Equipment is, and shall at all times remain, personal
propetiy and shall not become a fixture or become a paii of the real estate upon which it is located.

       10.      Assignment; Subletting. Lessee agrees not to assign, sublease, or transfer the
leasehold interest in the Equipment granted under this lease without first receiving the prior written
consent of Lessor.




                                                                                             Page2 of2
C:\WJNDOWS\TEMP\A42447_.doc
         11.     Quiet Enjoyment. Lessor covenants and agrees with Lessee that if Lessee
 perfonns all of the conditions and covenants in this lease, Lessee shall peaceably and quietly hold,
 possess, and use the Equipment.

          12.     Default. If Lessee (1) defaults in making any payment under this lease or violates
 or fails to perfonn any of the tenns and provisions contained in this lease, or (2) becomes
 insolvent, files a petition in bankruptcy, has a receiver appointed, executes an assigmnent for the
 benefit of creditors, ceases doing business as a going concern, has a writ of attachment,
 garnishment, execution, or other legal process issued against Lessee, the Equipment, or any of
 Lessee's other prope1ty, or attempts to remove, sell, transfer, encumber, sublet, or part with
 possession of the Equipment, then Lessor or its agents may, without demand or notice, tenninate
 this lease agreement and enter, with or without process oflaw, into any premises of or under the
 control or jurisdiction of Lessee or any agent of Lessee where the Equipment may be and take
 possession of the Equipment, and may disconnect and separate the Equipment from any other
 property using all necessary force permitted by law. Lessee expressly waives all further rights to
 possession of the Equipment and all claims for injury suffered through or loss caused by the
 repossesston.

         13.     Relationship between Parties. The parties agree that the only relationship created
 under this Agreement is that of Lessee and Lessor. In no way does this Agreement create a
 partnership, association, joint venture, or any other relationship

         14.    Notices. Any notice specified in this lease shall be deemed properly given if
 delivered in writing personally or by certified mail to the parties at their addresses listed above, or
 at any other addresses that may be communicated by the parties to each other in writing.

         15.      Severability. If any provisions of this lease are detennined to be illegal or
unenforceable, then the remaining provisions shall nevertheless be binding with the same force and
effect as if the illegal or unenforceable parts were deleted.

        16.     Headings. The headings contained in this lease are for convenience only and are
not to define, explain, modify, or aid in intetpreting the contents of this lease.

        17.     Binding Effect; Third Parties. This lease shall be binding upon and shall inure to
the benefit of Lessor and Lessee and their respective heirs, administrators, successors, and assigns.
No benefit from this agreement shall enure to any person or entity not a party to this agreement.

        18.     Governing Law. This lease agreement shall be subject to and governed by the
laws of the state of Michigan, and the parties consent to jurisdiction of the Michigan courts over
this agreement and over the pa1ties in any proceeding to enforce this agreement.

       19.     Counterparts. This lease may be execnted in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.




                                                                                             Page 3 of3
C:\WINDOWS\TEMP\A4244 7~.doc
        20.     Gender and Number. As used in this lease, unless the context clearly indicates
the contrary, the singular number sh all include the plural, the plural the singular, and the use of any
gender or neuter shall be applicable to all genders and neuters.

         The parties have executed duplicate copies of this lease agreement.




Date Signed ~             o\a_,   2002

                                                    Gail A. Kundinger, Clerk




                                                J,ESS~               n Sports Council                ,

                                                By                  Q~
                                                Nam e: r-'c-7c7-?'i: J, 3"~£.J,.t,6.J'

                ~ f,Ra02
                                                Title: /'tf;ES10£?11Jr
Date signed:




                                                                                             Page 4 of 4
C:IWINDOWSITEMPIA42447_.doc
                              Description of Leased Equipment


                                York Chiller Package.

                              Model No. YC\VJ77VU0/46PES

                                Serial No. YKAM 953819




C:\WJNOOWS\TEMP\A42447_.doc
                                                            AGENDA ITEM# - - - -



TO:            Mayor and City Commissioners
FROM:          Lee J. Slaughter, Assistant City Manager
DATE:          February 28, 2002
RE:            Tentative Agreement Reached with SEIU 517M, Unit 2


SUMMARY

Staff recommends approval of the set of tentative agreements reached with Unit 2 of the
Service Employees International Union (SEIU) 517M on January 24, 2002. Tentative
Agreements were ratified by the union at a meeting held last night, February 27, 2002.

FINANCIAL IMPACT

The overall financial packet is little over 12% of payroll. The packet includes four major
economic agreements:

Wages:
      Contract Yrs.

                              3.00%          3.00%          3.00%

Multiplier:
               Increased from 2.1 % to 2.25%, effective 1/1/02

Longevity:
               Years of Service:             5       10     15      20     25
               % of Base Pay ($15,000):      2%,     4%,    6%,     8%,    I 0%
               Effective 1/1/03

Dental Plan:
               Increased Orthodontic Maximum from $1000 to $1500 effective 1/1/02.

BUDGET CHANGE

None

STAFF RECOMMENDATION

Staff recommends approval.
                                   AGENDA ITEM NO. _ _ _ __

                              CITY COMMISSION MEETING    3/12/02


TO:            Honorable Mayor and City Commissioners

FROM:         Bryon L. Mazade, City Manager

DATE:         March 6, 2002

RE:           Seaway Industrial Park Development Agreement


SUMMARY OF REQUEST:

To approve a development agreement with Robert Grooters Development Company for the sale
of property in the Seaway Industrial Park and the creation of a Renaissance Zone for the
project.



FINANCIAL IMPACT:

The City would receive income taxes from the development. The development would be
exempt from property taxes if a Renaissance Zone is created.



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

To approve the development agreement.



COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENT\I\DMIN\AGNDAFRM
JMS - 0: (GROOTERS-DEVLOP AGMT-COV SHEE1)
DATE:                March 11 , 2002

TO:                  Honorable Mayor and City Commissioners

FROM:                Robert B. Grabinski, Director of Inspection Services

RE:                  Discussion and authorization for staff to appeal the decision by
                     Historic District Commission regarding the demolition of 1121 and
                     1129 Peck St.


SUMMARY OF REQUEST: These two properties were declared dangerous
buildings by the Housing Board of Appeals in January and February 2002
respectively. Because these properties are located within a historic district, they
were presented to the Historic District Commission for their concurrence on
March 5, 2002. The HOC denied the request to demolish or forward to the City
Commission for your concurrence.

Staff is requesting that City Commission discuss the issue and if it is found to be
appropriate authorize staff to appeal the HOC decision to the State Historic
                                    th
Preservation Office and possibly 14 Circuit Court to overturn the decision.

A copy of the file is attached for background information. Other pertinent
information includes the following:

           •   The city has boarded both structures on four occasions.

           •   The cost for rehabilitation is approximately $100,000 for each
               structure.

           •   Evidence was found in both structures that entry had been made and
               fires started in the fireplaces.


Staff Recommendation:     Authorize staff through the City Attorney to pursue an
appeal of the HOC decision.




F:\Jnspcctions\Grabinski~Lorrnine\ Word\CC work session agenda.doc              page 1 of 1
                                                                       (


DATE:               February 19, 2002

TO:                 Historical District Commission

FROM:               Robert B. Grabinski, Director of Inspection Services

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: 00-09 Address: 1129
                    Peck


SUMMARY OF REQUEST: This is to request that the Historical District
Commission concur with the findings of the Housing Board of Appeals that the
structure located at 1129 PECK ST. is unsafe, substandard and a public
nuisance.

Case# & Project Address: 00-09 1129 Peck St. Muskegon, Ml

Location and ownership: This property is located in the McLaughlin
neighborhood and is owned by Peck Properties (Robert Cooper) of Grand
Rapids, Michigan.

Staff Correspondence:         A dangerous building inspection was conducted
10/5/99. A notice to repair or demolish was issued 10/6/99. The case was
brought before the HBA 1/6/00 and the board's decision at that time was to issue
civil infractions, seeking injunctive relief. A board up letter was issued 3/30/00.
The City of Muskegon had it boarded on 5/30/00. On November 3, 2000 Robert
Cooper faxed a letter of intent to Mr. Grabinski stating he was committed to either
fixing the property or selling to someone who would fix it. The City of Muskegon
had it boarded again 1/8/02. On 2/7/02 the case was again brought before the
HBA. Mr. Cooper was not present at the meeting, but did fax a letter stating he
had an interested buyer, nothing in writing yet. On that date the HBA voted to
demolish the structure.

Owner Contact:                None

Financial Impact:             CDBG

Budget action required:                 None

State Equalized value:                  $25,900

Estimated cost to repair:               $70,000

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



F:\lnspectio11s\Grabi11ski_Lo1Taine\Won\\i-lDC AGENDA.docpage 1 of 2
                                 (                                     (



    Historical District Recommendation: The HOC will consider this item at it's
    meeting March 5, 2002            0




·   F:\lnspections\Grabinski_Loirnine\Wonl\HDC AGENDA.docpage 2 of 2
                                                                   (


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



Date:          February 11, 2002

To:            Peck Properties. Robert Cooper. P.O. Box 3316. Grand Rapids. Ml
               49501-3316
               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, February 7, 2002 does hereby order that the
following structure(s) located at 1129 Peck St.. Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSIORDER 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.




                                                 uI_YJ]           !1:1:EALS:


                                           Ro    rt B. Grabinski, Director of Inspections




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
FEB-07-2002 14:43 FROM:ROBERT COOPER              616 235 8804                T0:616   735 3352          P.001'001
                                 I                                                (



                                          PECK PROPERTIES, L.L.C.
                                               P.O. Box 3316
                                          Grand Rapids, Mi. 49501-3316



                                          February 7, 2002


            By 1:ax (23 I} 728-4371

            Ms. Lorraine Grabinski
            City of Muskegon Inspection Deplll'lment

                   Re: Housing Board of Appeals Meeting 217/02
                       11.29 Peck Street

            Deur Lorraine:

                    This follows up on my phone call to you this afternoon. I had intended to be
            _present at tonight's meeting but have been unexpectedly been called away on client
            matters. I wanted to let the Boatd know that I have located a prospective purchaser for
            this property. It is a young couple who have just relocated to the area who are interested
            in fixing this property up, with the intent of living there when the rehab work is done,
            They indicate that they arc interested in beginning work on this property as soon as
            possible. We have been discussing this for the past week, and I expect that we will have
            a signed agreement in a week or so. Based on this, I ask that the Boar.d consider defer
            taking any action on this property until its next meeting to give me the chance of
            finalizing a sale.

                   Thank you.




                                                                 Sincerely,




                                                                 Robert P. Cooper, Manager
                                                                       (


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

                                     NOTICE OF HEARING

  Date: January 28, 2002

  Address of the Property:      1129 Peck St.. Muskegon MI

  Description of the Structure: N 59 ft. Lot 17 & Sly 2 ft. Lot 18 Blk 362


  TO:    Peck Properties. Robert Cooper. P.O. Box 3316. Grand Rapids. MI 49501-3316
         [Name & Address of Owner]

         None
         Names & Addresses of Other Interested Parties]



         Please take notice that on Thursday. February 7. 2002, the City of Muskegon Housing
 Board of Appeals will hold a hearing at 933 Terrace. Muskegon, MI at 5:30 o'clock p.m,
 and at the said hearing consider whether or not the following structure should be determined to
 be dangerous, substandard and a nuisance, and demolished, or repaired.

         The reason for this hearing is that you have not complied with the notice and order to
 repair issued 10/6/99.

        At the hearing on Thursday, Febrnary 7, 2002 , at 5:30 o'clock p.m., at the Muskegon
 City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
 evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
 to show cause why the structure should not be allowed or ordered demolished.



                                      CI            F MUSKEGON INSPECTION DEPARTMENT,

                                                              vJ tt,:t~D
                                               T



                                      B~ B ? % £                                          OF APPEALS

                                           R       crt B. Grabinski, Director of Inspections




· F:\INSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
                           . COCPER               616 235 8804                                        P.001,001
                             (

                                      ROBERT P. COOPER
                                       /\TTORNEY                 /IT      L/\W
                                                BRIOGEW/\TER rt.Ace
                            POST OH'ICli 80X)) 16 • (;~AJ,11) RAPll)S, Mll'Hl<JAN '9501 ,lJl6
                                      TELErflONE 6161VHI02 • f/\X 616/2J!-!804
                                        EMAIi, • l)(J8.l'001'ER@U.4.TtWI\Y.NET




                                                 November 3, 2000


    Via Fax 2,U-'T2/J-,fJ7J

    Mr. Robert Grabinski
    Fire Marshall & Director of Inspection Services
    City of Muskegon


           Re:     1121 and 1129 Peck, Muskegon, Michigan

    Dear Mr. Grabinski:

             I am confim1ing my efforts to reach you lo discuss these two properties. These properties
    were formerly owned by Wa1erland Development. Peck Properties., L.L.C. made a mortgage
    loan lo Watcrland Development to finance the purchase of these properties. Wuterland
    Development defaulted on its mortgage loan and deeded these properties to Peck Properties in
    lieu of foreclosure. The properties have been listed for sale.

            I received a phone call la~t week that the City of Muskegon wished lo have these
    properties demolished and had scheduled a hearing with the City Commission to approve the
    demolition. l want to let you know that I have never reeeive<l any notice regarding the City's
    plans. The ownership of Peck Properties, L.L.C. is a mailer of public record, as is my name and
    address as the Manager of Peck Properties, L.L.C. To date, I still have not received any notice.

          Peck Properties, L.L.C. is committed to either fix these properties up, or to sell them to
    someone who will. r am willing to work with the City to develop a plan and sJrategy to
    accomplish this. Demolition is not a solution and I will vigorously oppose it,

           Please contact me al your earliest convenience to discuss this m~tter.

                                                Very truly yours,

                                                                                                .--
                                               Rohen P. Cooper

    RPC/sdh




\
\
                      -   --
                                                                                  (
                                          (                                       .   (-



 cemetery
 mmum
 fA.'</726-5617

Ch1J Stn1ce
2Jln24-6716
FAXf'll.f-4405                                     West Michigan's Sbordlne Oty
Clerk
lllnl4-<i705
FAX/72-14178              May 30, 2000
Comm, & Nel&h,
    Senicet               Waterland Development
lllnH-6717
f AX/716-2501
                          1050 W Western Suite 401.
                          Muskegon MI 49441
Eni:lneerlne
231nl4-<i707
FAX/717-690(              Dear Property Owner:
Finance
2Jlnl4-67l3
FAxnl.i.6768
                          Subject:                       Board up of 1129 Peck-May 19, 2000

rtre Dept.
lllnz.t-6792
FA:<nl-l-6985             In the past few months the Inspection Services Department wrote to you
Income Tax                requesting that you board up the structure and allowed ten days for it to be
2Jtnl4-6770
FA:<n24-6768
                          completed.
Info. Stsfem,
lJlf'll-1-6744
                          Our inspection of the property revealed that the structure was not boarded by the
FAX1722-4301              required date, therefore, we contracted with a private contractor to have the
Leisure Service           structure boarded up. The structure was boarded in accordance with City codes
?311724-6704              at a cost of$660.86. A copy of the invoice for services is attached.
FAX/724-1196

:'>tanager's Office
n1mA-61u
                          Please make your check or money order for reimbursement to the City of
fAX/1?2-1214              Muskegon payable to the City of Muskegon. Payment may be mailed or paid at
,\hyor's Office
                          the City Treasurer's office. Any unpaid invoices could be sent to a collection
lJ\/72-1-6701             agency and may affect your credit rating if not paid.
FAX/722-1:!U

lnipecllon Sen·lccs       If you have any questions, please contact this office at 724-6715.
231172-1-6715
fAX1726-2501

Pl.inning/Zoning
                          Sincerely,


                      ✓~~
B l."?1-1-6702
FAX1724-6790

l'olice Dept.
231172-1-6750
FAX/122-5140              Rlbert B. Grabinski
Publk Works
                          Fire Marshal/Inspection Services
23l nU-HOO
FAX/722--4188

Treasurer
23\/724-6720
FAXnH-6168

W•trr Dilling Orpt.
2.\lnU-6718
FAXJ? 24-;6768

W•ttr Flltr•llon
D1nu ...i106
                                           (



  \oJtfiOr
 ~l6-r1H-6708
 f ..t.XJ7l,l.6768

 Ctmtltry
 616nH.678l
 FAxn?Z-4188

Ch·ilSuviu
6t6nl4-61l6
 FAxnl.J.6790            Date:   March 30, 2000             West Michigan's Shoreline Oty
Clerk
616f12-f..670S
FAX/1U-6768
                         Premier One
                         Real Estate, LLC
Comm. & Neigh.
    Servict-s
                         PO Box 12
616/JU-6717              Montague MI 49437
FAxnl4-6790

Encineerinc              Water land Development
616lllU707
FAXnl,t..6790            500 Western
                         Muskegon MI 49441
Finance
616n24-67tJ
fAXfll-1-6768
                         Dear Property Owner:
Fire Dept.
6l6nU-679l
F Axnl-1-6985            Subject:       Board-up:      1129 Peck, Muskegon, MI
lncomeTa.1
616nl-l-6770             The structure owned by you at the subject address has recently been found to be
FAX172-1-6768            dangerous because it is unsecured. Unsecured structures are not only an invitation to
Info. Systems            children, but also to vagrants, vandals, and others who would use them for illegal
6t6n?-1-691s
FAX172-1-6768
                         purposes.

Leisure Servi(e
6l6/7H-6704
                         To combat this, City building regulations require that windows, doors, or other openings
F.-\X/724-6790           on vacant structures be kept intact and securely locked or neatly boarded up in order to
~hrugcr's Office         prevent entrance by unauthorized persons. Boarding must be done with exterior grade
6l61724-67H              plywood at least ½ inch thick which is painted to blend with the colors of the
FAX172-1-6790
                         building so as to be as inconspicuous as possible.
,\llyor's Office
616/7H-670\
F.-\\'./12-1-6790        Please note, however, that under City ordinance a property may not remain boarded up
Neigh. & Const.
                         for longer than 180 consecutiYe days.
   Senices
6\6/724-6715
FAX/72-1-6790
                         As a dangerous building, your structure(s) must be secured within ten (10) days of the
                         date of this notice. If the building is not secured within this time frame, the City of
l'lanni11g.'Zoning
616/724-6702             Muskegon will take action to have it secured and the cost assessed against the property.
FA:,.'/71-1-6790
                         Any unpaid invoices could be sent to a collection agency and may affect your credit
i'olic~ Depl.            rating if not paid.
616/71-l-67S0
FAX/122-Si-10
                         If you have any questions concerning this matter, please do not hesitate to contact me at
l'uhlic Works
6!6n1-1-H00
                         724-6715.
F,\Xn22-41S8

Treasurer
6\61724-6720
FAXnH-6768

\\")ttr (),pt.
                         s;n~:±e. u,1.'
                        1 e r t B. Grabinski
616n?J-6118
FAV7H-6768               Fire Marshal/Inspection Services
        . ,.. ,,:,. .
Cemectry
616171'--6783
FAxn26-S6l7

Civil Stn·ice
616171 ..6716
FAxn24--6790
                                                        West Mk1J18an'e Shoreline Oty

Clerk
616nl<-670S
FAXlll<-4178

Comm. & Neigh.
  Services
6l6nU--67l7
FA)(nl6-1S0I

Engineering
616nl ..6707
fA)(nl7-6904
                         January 11, 2000
finance
6t6n2.t--6713
FAxnH-6768
 ·<
Fire Oepl.
6t6nH-6792
FAxn2-t-6985
                         Waterland Development
                         1050 W. Western
 Income Tu
 6!6nU-6770              Muskegon, Mi. 49440
 FAxn24--6768

 Info. Systems           Dear Property Owner:
 616n2-'-6975
 FAXflU-6768
                         Subject: Dangerous Building Case #00-08 - 1121 Peck and
 Leisure Service                  Dangerous Building Case #00-09 - 1129 Peck
 6!6nU-670-l
 FAXn:U-6790
                         The Muskegon Housing Board of Appeals agreed with staff recommendation at their
 \lanager's Office
 616/72-1-6724
                         meeting on 1/6/2000 to issue civil infractions for these properties seeking injunctive relief.
 FAX/72?-121-1

  7',l;i}or's Office
  61617?-l-670\
  F.-\ \17 ..??-1 21-1

  i\dgh. & Const.
     Sen.ices
  6\6172-1-6715
  FAX/1?6-2501
                          Fire Marshal/Inspection Services
   Pl.inning/Zoning
  6161724-6702
   f ..\\/12-l-6790

   Police Dept.
   C.!6171-1-6750
   F,\X/722-51-lO

   f'uhlir \Vorks
   6\{,/72-l--1100
      FAX/722--llS.':1

      Tn·,1surcr
      Gl6172-l•67ZO
      F..\Xf72-l-6768

      \\'Jtrr l)ept.
      6\l,!1?-1,6118
      F,\Xn?-l-6768
        I ~lb -00

 #00-09-1129 PECK- \VATERLAND DEVELOPMENT, 1050 W. WESTERN

 Robert Johnson, supported by William Anderson, made a motion to accept staff
 recommendation to issue Civil Infraction tickets on 1129 Peck Street seeking injunctive
 relief. A roll call vote was taken:

 YES:                    NAYS:                   EXCUSED:                ABSENT:

Greg Borgman                                     Clint Todd
Robert Johnson
Fred Nielsen
William Anderson
Randy Mackie
John Warner

The motion carried.

#00-10-1721 PINE-SHELLINE WHITE, 1712 PINE, MUSKEGON

No one attended the meeting. Bob Grabinski said that there has been no contact with the
owner. Staff recommendation is to declare the building to be substandard, unsafe, a
public nuisance and forward to the City Commission for concun-ence. A motion was by
Robert Johnson, supported by Greg Borgman to declare the building substandard, unsafe,
a public nuisance and forward to the City Commission for concun-ence. A roll call vote
was taken:

YES:                    NAYS:                   EXCUSED:                ABSENT:

Greg Borgman                                    Clint Todd
Robert Johnson
Fred Nielsen
William Anderson
Randy Mackie
John Warner

The motion carried.

#00-IOA- 151 \V. SOUTHERN - ED\VARD HOUGHTALING, 752 \VILSON

Ed Houghtaling attended the meeting and also stated that his address was 2345 Dowd.
He said that he had the upstairs done but that a tenant had trashed the downstairs. Bob
Grabinski said that we had a complaint and that the housing inspector felt that it should
be declnred a dangerous building. There is no Certificate of Compliance. It has been
revoked and the house lws been posted. Mr. Houghtaling asked what he has to do. [-le
said that the foundation is his concern because he said it ll'as appro,·cd before he bought
the house. Staff rcco111111c11c\atio11 is that the building be declared substandard, unsafe, a
.-\ffirmath·e Action
6161724-6703
                                                                                           (
F.-\XJi24-6790

.-\s.sessor
6t6n2-1--61os
F.-\XJil-1--6768

Cemelery
6t6n2-1--618J
F.-\xn22-4188

Civil Service
6t6n24-6716
F.-\XJi24-6790         Date: March 30, 2000               West Michigan's Shoreline City
Clerk
616n24-670S            Premier One
FAxn24---6768
                       Real Estate, LLC
Comm. & Neigh.
   Services
                       PO Box 12
616/724-6717           Montague MI 49437
FAxn24-6790

Engineering            Water land Development
6t6n24-6707
FAxn24-6790            500 Western
                       Muskegon MI 49441
Finance
616m4-6713
FAxn24-6768
                       Dear Property Owner:
Fire Dept.
616/724-6792
                       Subject:        Board-up:       1129 Peck, Muskegon, MI
FAXfl24-6985

Income Tax
6t6n24-6770
                       The structure owned by you at the subject address has recently been found to be
FAX/724-6768           dangerous because it is unsecured. Unsecured structures are not only an invitation to
Info. Systems
                       children, but also to vagrants, vandals, and others who would use them for illegal
6t6n24-697S
FAX/724-6768
                       purposes.

Leisure Service        To combat this, City building regulations require that windows, doors, or other openings
616/724-6704
FAXJi24-6790           on vacant structures be kept intact and securely locked or neatly boarded up in order to
Manager's Office
                       prevent entrance by unauthorized persons. Boarding must be done with exterior grade
616/724-6724           plywood at least ½ inch thick which is painted to blend with the colors of the
FAX/724-6790
                       building so as to be as inconspicuous as possible.
Mayor's Office
616/724---6701
FAX/724-6790           Please note, however, that under City ordinance a property may not remain boarded up
                       for longer than 180 consecutive days.
Neigh. & Const.
  Sen.·ices
616/724-6715           As a dangerous building, your structure(s) must be secured within ten (10) days of the
FAX/724-6790
                       date of this notice. If the building is not secured within this time frame, the City of
Planning/Zoning
6t6n24-6702
                       Muskegon will take action to have it secured and the cost assessed against the property.
FAX1724-6790           Any unpaid invoices could be sent to a collection agency and may affect your credit
Police Dept.           rating if not paid.
616/724-6750
FAxn22-5140
                       If you have any questions concerning this matter, please do not hesitate to contact me at
 Public Works
 616/724-4100
                       724-6715.
 FAxn22-4188

 Treasurer
 616/724-6720
 FAxnU-6768

 Water Dept.
 616n24-67ts
                       ~w
                       Rlj;ert B. Grabinski
                       Fire Marshal/Inspection Services
 FAxnZ-1---6768

 Water Filtration
 616/724---4106
 FAXJi55--5290
                                  City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
 Civil Service
 6161724-6716
 FA)(/724-6790

 Cltrk
 616m4-670S
 FAJ(l714-<178      October 6, 1999
 Comm. & Nd&h.
    Services        Waterland Development
 616/714-6717
                    1050 W. Western
 FAX'.nl6-1501                     •
                    Muskegon,MI 49441
Encineerin&
616171"-6707
FAxnl7-6904         Dear Property Owner:
Firu.nce
616n24-6713
FAXn24-6768
                    Subject:           1129 Peck                                               -v'
                                       N59FTLOT17&SLY2FT LOT18BLK                        3<.
Fire De:pL
6t6n2'-6791         The City of Muskegon Building Official has recently inspected the subject
FAxmUHS
                    property and has found the building to be dangerous as defined under Section 4-23
Income Tax
6l6n14-6770
                    of the Muskegon City Code.
FAxnH-6768
                    As a result of this finding, you are hereby ordered to REPAIR the structure or
Info. Systems       DEMOLISH it within.thirty (30) days.
6t6n1,4...6975
FAX'.n24-6768       If you elect to repair the structure, you must secure all required permits and
Leisure Service     physically commence the work within thirty (30) days from the date of this order.
6l6n14---6704
FAXll24-6790        Should you have any questions concerning this matter, please do not hesitate to
,hnagcr's Office    contact our Building Official, Jerry McIntyre at 724-6715.
616nH-6724
FAXfl22-1214

Mayor's Office
616nU-6701
FAX/72?-1214

r-icigh. & Const.
    Scn·iccs
6l6nU-6715
FAX/726---2501
                     sm~m-
                    1,,,rt Grnhioski

Planning/Zoning     Fire Marshal/Inspection Services
6!6nH-6702
FAXnH-6790

Police Oepl.        nlc
616nN-61so
FAX/722-5140

Public Works
616n1-1.4100
FAX.m2-4l88

Tr<'olsurcr
6!6nH-6710
FAXnl-1-6768

W.11er Depl.
6t6m-t-6718
                                                               ..
FAXfll-1-6768"

Water Fillntion
                                                          (


                       DANGEROUS BUILDING INSPECTION
                                  10/5/99

                                        1129Peck


RESIDENTIAL DWELLING

1. Open fooodation wall on home.
2. Deteriorating front steps and porch - rotting decking.
3. Deteriorating side steps and porch.
4. Siding missing, rotting, exposed to weather - paint flaking off home.
5. Roof soffit and fascia deteriorating.
6. Roof covering on home falling - structural.
7. Large tree branches on connected apartment roof, and home.
8. Home has several boarded up windows.
9. Vehicles being parked in back yard.
10. Antenna collapsing, ready to fall off roof.

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



             TINOWSKl, BUILDING INSPECTOR                      r    {'DATE


CONCURRED IN:
                /IE  q~ #l L~  MCINTYREUILDING OFFICIAL




                                              ..
                                CITY OF MUSKEGON

                 DANGEROUS BUILDING INSPECTION REPORT

                                    1121 Peck St.
                              (INTERIOR INSPECTION)



Inspection noted:

I.     Replace roof - sub -strncture must be inspected and certified prior to covering.
2.     Electrical system (entire stmcture) to be replaced.
3.     Plumbing system and fixtures to be replaced.
4.     Heating system to be replaced.
5.     Repair all interior walls.
6.     Repair all ceilings.
7.     Smoke detectors to be installed.
8.     Floor coverings to be repaired or replaced.
9.     Stairway and banister to be repaired.
I 0.   Repair or replace all broken windows.
I I.   Repair or replace all broken or missing doors.
12.    Siding to be repaired or replaced.
13.    Basement steps to be repaired or replaced.
14.    Tuckpoint all openings in concrete for basement walls.
15.    Repair or replace exterior stairs.
16.    Repair or replace all missing and/or damaged fascia and soffit.
17.    All gas piping to be repaired and/or replaced with a pressure test and inspection
       prior to restoring natural gas service.

Note: All exterior repairs must be presented to the Historic District Commission for
approval prior to obtaining necessary permits.




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.




]~~~-
Director of Inspections
                                                                   DATE



F:\lnspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION
REPORTS\STANDARD FORMS\! 121 Peck.doc
                                CITY OF MUSKEGON

                 DANGEROUS BUILDING INSPECTION REPORT

                                    1129 Peck St.
                              (INTERIOR INSPECTION)



Inspection noted:

1.     Replace roof - sub -structure must be inspected and certified prior to covering,
       also repair structural damage from tree falling on roof.
2.     Electrical system (entire structure) to be replaced.
3.     Plumbing system and fixtures to be replaced.
4.     Heating system to be replaced.
5.     Repair all interior walls.
6.     Repair all ceilings.
7.     Smoke detectors to be installed.
8.     Floor coverings to be repaired or replaced.
9.     Repair interior stairs.
10.    Repair or replace all broken windows.
11.    Repair or replace all broken or missing doors.
12.    Siding to be repaired or replaced.
13.    Repair or replace exterior stairs.
14.    Repair or replace all missing and/or damaged fascia and soffit.
15.    All gas piping to be repaired and/or replaced with a pressure test and inspection
       prior to restoring natural gas service.

Note: All exterior repairs must be presented to the Historic District Commission for
approval prior to obtaining necessary pennits.




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.




                                                                   DATE
Director of Inspections



F:llnspections\Grabinski_Lon-aine\Word\DANGEROUS BUILDING INSPECTION
REPORTSISTANDARD FORMS\1129 Peck.doc

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