City Commission Packet Archive 10-08-2002

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        CITY OF MUSKEGON
          CITY COMMISSION MEETING
                            OCTOBER 8, 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. Resolution for Charitable Gaming License. CITY CLERK
                 c. 2002-2003 Transportation   Planning   Program   Funding.    CITY
                    MANAGER
                 d. Smith-Ryerson Agreement. LEISURE SERVICES
                 e. Consideration of Bids - Removal of Underground Storage Tanks at
                    Hackley Fire Barn. PUBLIC WORKS
                 f.   Sale of Non-buildable Lot at 497 Deaner Drive.    PLANNING &
                      ECONOMIC DEVELOPMENT
                 g. Approval of WEMET Contract. POLICE
                 h. Approval of City's Vinyl Siding Program Guidelines. COMMUNITY &
                    NEIGHBORHOOD SERVICES
•   PUBLIC HEARINGS:
                 a. Public Hearing for Resolution for Development District On-Premise
                    Liquor License for Peter C. Johnson. PLANNING & ECONOMIC
                    DEVELOPMENT
                 b. Spreading of the Special Assessment Roll for Ridge, Glenside to
                    Cumberland. ENGINEERING
                       c. Spreading of the Special Assessment Roll for Leon Street. Harrison
                          to Crozier. ENGINEERING
                       d. Spreading of the Special Assessment Roll for Harvey Street. Keating
                          to South End. ENGINEERING
                       e. Spreading of the Special Assessment Roll for Wilson. Dowd to
                          Henry. ENGINEERING
                      f.   Spreading of the Special Assessment Roll for Roberts. Keating to
                           Laketon. ENGINEERING
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
                       a. Request for Final Planned Unit Development Approval for 1350
                          Hackley Ave. {Hackley Glen).        PLANNING & ECONOMIC
                           DEVELOPMENT
                       b. Purchase of Computer Hardware. POLICE
                       c. Amend the Special Assessment Roll for the Sidewalk Replacement
                          Program 2002 (Area ES). ENGINEERING
                       d. Consideration of Bids for the Lakeshore Trail. Laketon Corridor
                          (Phase Ill. ENGINEERING
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   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 1O minutes if previously registered wifh City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date:      October 8, 2002
To:        Honorable Mayor and City Commissioners
from:      Gail A. Kundinger, City Clerk
IRE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, September 24, 2002,
and the Special Meeting that was held on Monday, September 30, 2002.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
'   .


            CITY OF MUSKEGON
              CITY COMMISSION MEETING
                             OCTOBER 8, 2002
           CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                        MINUTES
       The Regular Commission Meeting of the City of Muskegon was held at City Hall,
    933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, October 8, 2002.
       Mayor Warmington opened the meeting with a prayer from Vice Mayor Buie, after
    which members of the City Commission and members of the public joined in reciting
    the Pledge of Allegiance to the Flag.
    ROLL CALL FOR THE REGULAR COMMISSION MEETING:
       Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners
    Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence
    Spataro; City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail
    Kundinger.
    2002-111 CONSENT AGENDA:
                    c. 2002-2003   Transportation   Planning   Program   Funding.   CITY
                       MANAGER
        SUMMARY OF REQUEST: To approve the City's share of the local matching funds
        for the Muskegon County Metropolitan Planning Program for fiscal year 10/1 /02 to
        9/30/03. The City receives grant funds through this program for certain major
        streets.
        FINACIAL IMPACT: $16,040 from the Major Street Fund
        BUDGET ACTION REQUIRED: None
        STAFF RECOMMENDATION: To approve this request.
                    d. Smith-Ryerson Agreement. LEISURE SERVICES
        SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign agreement with
        Basic Neighborhood Services to manage Smith-Ryerson Community Center.
        FINANCIAL IMPACT: None
        BUDGET ACTION REQUIRED: None
        STAFF RECOMMENDATION: Approve
        COMMITTEE RECOMMENDATION: Leisure Services Board Recommends Approval.
            f.   Sale of Non-buildable Lot at 497 Deaner Drive.       PLANNING &
                 ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
#24-205-018-0016-00) at 497 Deaner Drive to Bob Neal and Becky Hatfield, 498
Mulder Street, Muskegon, Ml 49442. Approval of this sale will allow the adjacent
property owner to expand their current yard (see attached map). This is very
small, land-locked parcel (16 x 16.5 ft.) and there is a large Mulberry tree that
needs to be removed. The City can't maintain this tree without crossing private
property. The cost for tree removal would be extensive to the applicant, and in
order to relieve some of their cost, LRC has recommended that an exception be
made to the property sale policy and allow the lot to be sold for $1.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The LRC recommended approval, due to
special circumstances.
            g. Approval of WEMET Contract. POLICE
SUMMARY OF REQUEST: Police Department staff request that the Commission
review and approve the 2002-2003 Personnel Services Agreement with the West
Michigan Enforcement Team (WEMET). This is an annual operating agreement
between the City and WEMET.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
            h. Approval of City's Vinyl Siding Program Guidelines. COMMUNITY &
               NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the guidelines for the vinyl siding program
administered through the Community and Neighborhood Services department.
Because of a change in policy related to the lead based paint issue, the
Community and Neighborhood Services has discontinued its exterior painting
program.
Therefore, in an effort to serve as many residents as economically feasible the
department revised its vinyl siding guidelines.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To        approve   the   revised   vinyl   siding   program
guidelines.
  COMMITTEE RECOMMENDATION: Recommended the change to new program
  guidelines.
  Motion by Commissioner Schweifler, second by Commissioner Shepherd to
  approve the Consent Agenda with Items a, b & e removed.
  ROLL VOTE: Ayes: Shepherd,      Spataro,    Warmington,   Buie,     Gawron,     Larson,
             Schweifler,
              Nays: None
  MOTION PASSES
2002-112 ITEMS REMOVED FROM AGENDA:
              a. Approval of Minutes. CITY CLERK
  SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
  Meeting that was held on Tuesday, September 24, 2002, and the Special Meeting
  that was held on Monday, September 30, 2002.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the minutes.
  Motion by Commissioner Schweifler, second by Vice Mayor Buie to approve the
  Minutes of the Regular Commission Meeting of September 24, 2002.
  ROLL VOTE: Ayes: Spataro,     Warmington,    Buie,   Gawron,      Larson,   Schweifler,
             Shepherd
              Nays: None
  MOTION PASSES
              b. Resolution for Charitable Gaming License. CITY CLERK
  SUMMARY OF REQUEST: Obesity Cure International Inc., 1248 Albert Avenue, is
  requesting a resolution recognizing them as a non-profit organization operating in
  the City for the purpose of obtaining a gaming license.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval
  Motion by Commissioner Schweifler, second by Commissioner Larson to approve
  the resolution recognizing Obesity Cure International Inc. as a non-profit
  organization operating in the City for the purpose of obtaining a gaming license.
  ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
             Spataro
              Nays: None
  MOTION PASSES
               e. Consideration of Bids - Removal of Underground Storage Tanks at
                  Hackley Fire Barn. PUBLIC WORKS
  SUMMARY OF REQUEST: The contract for the removal of underground fuel storage
  tanks at Hackley Avenue Fire Barn be awarded to Michigan Consulting and
  Environmental since they were the lowest (see bid tabulation) responsible bidder
  with a bid price of $13,693.14.
  FINANCIAL IMPACT: The demolition cost of $13,693.14 plus a 20% contingency for a
  total of $16,431.77. This has been budgeted with the Capital Improvements Fund
  in the 2002 budget.
  Construction Engineering has been handled under separate contract.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Award the contract to Michigan Consulting and
  Environmental.
  Motion by Commissioner to award the contract for the removal of underground
  fuel storage tanks at Hackley Ave. Fire Barn to Northern A-1 Services of 1122 E.
  Barney, Muskegon Michigan for $13,962.50.
  ROLL VOTE: Ayes: Buie, Larson, Shepherd, Warmington
               Nays: Gawron, Schweifler, Spataro
  MOTION PASSES
2002-113 PUBLIC HEARINGS:
               a. Public Hearing for Resolution for Development District On-Premise
                  Liquor License for Peter C. Johnson. PLANNING & ECONOMIC ·
                  DEVELOPMENT
  SUMMARY OF REQUEST: To hold a public hearing on the request for a
  Development District On-Premise Liquor License for Peter C. Johnson and approve
  the resolution. The request is necessary due to a lack of available liquor licenses in
  the City of Muskegon. The Liquor Control Code allows for additional liquor licenses
  within Downtown Development Authority Districts under certain conditions.
  FINANCIAL IMPACT: Approval of the liquor license will allow for a new restaurant in
  the downtown area of Muskegon, which will ultimately result in increases revenue
  for the City.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To hold a public hearing and approve the resolution.
  COMMITTEE RECOMMENDATION: The Downtown Development                          Authority
  approved the request at their special meeting on September 30, 2002.
  The Public Hearing was opened at 6:00pm to hear any comments from the public.
  No comments were heard.
  Motion by Vice Mayor Buie, second by Commissioner Gawron to close the public
  hearing at 6:07 and to approve the resolution for a Development District On-
  Premise Liquor License for Peter C. Johnson.
 ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Wormington,
            Buie
             Nays: None
MOTION PASSES
             b. Spreading of the Special Assessment Roll for Ridge. Glenside to
                Cumberland. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special
assessment for Ridge, Glenside to Cumberland, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $12,745.06 would be spread against the seventeen-
( 17) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing was opened at 6:00pm to hear any comments from the public.
No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Gawron to close
the public hearing at 6:08 and to approve the spreading of the special assessment
for Ridge, Glenside to Cumberland and adopt the resolution confirming the
special assessment roll.
ROLL VOTE: Ayes: Lorson, Schweifler, Shepherd, Spataro, Wormington, Buie,
           Gawron
            Nays: None
MOTION PASSES
            c. Spreading of the Special Assessment Roll for Leon Street. Harrison
               to Crozier. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special
assessment for Leon, Crozier to Harrison, and to adopt the resolution confirming
the special assessment roll.
FINANCIAL IMPACT: A total of $49,047.24 would be spread against the nineteen-
( 19) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing was opened at 6: 11 pm to hear any comments from the public.
No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Gawron to close
the public hearing at 6:13 and to approve the spreading of the special assessment
for Leon, Crozier to Harrison and adopt the resolution confirming the special
assessment roll.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
           Larson,
            Nays: None
MOTION PASSES
            d. Spreading of the Special Assessment Roll for Harvey Street, Keating
               to South End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special
assessment for Harvey, Keating to South End, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $32,964.25 would be spread against the six-(6)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing was opened at 6:13pm to hear any comments from the public.
No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Gawron to close
the public hearing at 6:14 and to approve the spreading of the special assessment
for Harvey, Keating to South End and adopt the resolution confirming the special
assessment roll.
ROLL VOTE: Ayes: Shepherd,      Spataro,   Warmington,   Buie,   Gawron,   Larson,
           Schweifler
            Nays: None
MOTION PASSES
            e. Spreading of the Special Assessment Roll for Wilson, Dowd to
               Henry. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special
assessment for Wilson, Dowd to Henry, and to adopt the resolution confirming the
special assessment roll.
FINANCIAL IMPACT: A total of $66,888.76 would be spread against the thirty one-
(31) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing was opened at 6: 14pm to hear any comments from the public.
No comments were heard.
Motion by Commissioner Shepherd, second by Vice Mayor Buie to close the
  public hearing at 6:15 and to approve the spreading of the special assessment for
  Wilson, Dowd to Henry and adopt the resolution confirming the special assessment
  roll.
   ROLL VOTE: Ayes: Spataro,     Warmington,    Buie,   Gawron,   Larson,   Schweifler,
              Shepherd,
              Nays: None
  MOTION PASSES
              f.   Spreading of the Special Assessment Roll for Roberts. Keating to
                   Laketon. ENGINEERING
  SUMMARY OF REQUEST: To hold a public hearing on the spreading of the Special
  assessment for Roberts, Keating to Laketon, and to adopt the resolution
  confirming the special assessment roll.
   FINANCIAL IMPACT: A total of $34,924.68 would be spread against the seven-(7)
   parcels abutting the project.
   BUDGET ACTION REQUIRED: None at this time.
  STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
  resolution.
  The Public Hearing was opened at 6: 16pm to hear any comments from the public.
  No comments were heard.
  Motion by Commissioner Shepherd, second by Vice Mayor Buie to close the
  public hearing at 6:17 and to approve the spreading of the special assessment for
  Roberts, Keating to Laketon and adopt the resolution confirming the special
  assessment roll.
  ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
             Spataro
              Nays: None
  MOTION PASSES
2002-114 NEW BUSINESS:
              a. Request for Final Planned Unit Development Approval for 1350
                 Hackley Ave. (Hackley Glen).        PLANNING & ECONOMIC
                 DEVELOPMENT
  SUMMARY OF REQUEST: Request for final approval for the Planned Unit
  Development and associated, site landscape and utility plans for the current
  Hackley Glen property, for a mixed-use residential development, containing
  senior, family apartment and possible future condominium units. The request is
  from Ruddiman Associates Limited Partnership.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends approval of the final PUD and
associated plans provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended final
approval of the PUD and associated plans, with the conditions listed on the
resolution, at a special meeting on 9/26. The vote was unanimous, with S.
Warmington, B. Smith, M. Kleaveland and J. Aslakson absent.
Motion by Commissioner Spataro, second by Commissioner Schweifler to approve
the final Planned Unit Development and associated site, landscape and utility
plans for the current Hackley Glen property, for a mixed-use residential
development, containing senior, family apartment and possible future
condominium units.
ROLL VOTE: Ayes: Buie,      Gawron,    Larson,   Schweifler,   Shepherd,    Spataro,
           Warmington
             Nays: None
MOTION PASSES
             b. Purchase of Computer Hardware. POLICE
SUMMARY OF REQUEST: Police Department staff requests that the Commission
approve the use of FY2000 Local Law Enforcement Block Grant Funds to purchase
new computer hardware.           Working in conjunction with the Information
Technology Department, a data system has been designed for use within the
Police Department that will allow for the following.
•   Software updates from a central location-saving staff time and money
•   The development of a secure MPD database-allowing for potential web
    applications
•   Communication to outside organizations runs through one access point-
    providing for greater security and management.
•   A new high capacity backup unit
•   Increased life expectancy for our PC's
•   The groundwork for a system that would allow for wireless downloads of reports
    from the cruisers
FINANCIAL IMPACT: Cost for this system is $28,211. There is no impact on General
Fund monies. This grant expires at the end of this month.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Motion by Commissioner Shepherd, second by Vice Mayor Buie to approve the
use of FY2000 Local Law Enforcement Block Grant Funds to purchase new
computer hardware.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
           Buie
             Nays: None
MOTION PASSES
             c. Amend the Special Assessment Roll for the Sidewalk Replacement
                Program 2002 (Area ES). ENGINEERING
SUMMARY OF REQUEST: The special assessment roll for the 2002 sidewalk program
be amended to remove the following parcels from the recently adopted roll:
•   1025 Allen (24-142-000-043-00)
•   1370 Langeland (24-7 50-000-0085-00)
FINANCIAL IMPACT: A total of $154,556.20 will be assessed against 296 parcels.
BUDGET ACTION REQUIRED: None a this time.
STAFF RECOMMENDATION: To approve the amended special assessment roll and
adopt the resolution.
Motion by Commissioner Spataro, second by Commissioner Schweifler to amend
the special assessment roll for the 2002 sidewalk program to remove 1025 Allen
(24-142-000-0043-00) and 1370 Langeland (24-750-000-0085-00).
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
           Gawron
             Nays: None
MOTION PASSES
             d. Consideration of Bids for the Lakeshore Trail. Laketon Corridor
                (Phase Ill. ENGINEERING
SUMMARY OF REQUEST: The contract to construct the Laketon corridor of the
Lakeshore Trail (phase II) from Leahy to Southern be awarded to Youngstrom
Construction out of Ionia, since they were the lowest (see bid tabulation)
responsible bidder with a bid price of $358,716.04. Furthermore, it respectfully
requested that the award, if granted, be contingent upon the approval of MDOT.
FINANCIAL IMPACT: The construction cost of $358,716.04 plus            associated
engineering cost.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Youngstrom Construction.
Motion by Commissioner Larson, second by Commissioner Schweifler to award the
contract to construct the Laketon corridor of the lakeshore Trail (phase II) from
Leahy to Southern to Youngstrom Construction of Ionia.
  ROLLVOTE:   Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
              Larson
              Nays: None
  MOTION PASSES
   ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was
adjourned at 6:37pm.
                                            Respectfully submitted,




                                                     Gail Kundinger, MMC
                                 AGENDA ITEM NO. _ _ _ __

                            CITY COMMISSION MEETING -~1=0/=0=8/~0~2_


TO:             Honorable Mayor and City Commissioners

FROM:           Bryon L. Mazade, City Manager

DATE:           September 27, 2002

RE:             2002-2003 Transportation Planning Program Funding



SUMMARY OF REQUEST:

To approve the City's share of the local matching funds for the Muskegon County Metropolitan
Planning Program for fiscal year 10/1/02 to 9/30/03. The City receives grant funds through this
program for certain major streets.



FINANCIAL IMPACT:

$16,040 from the Major Street Fund.



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

To approve this request.



COMMITTEE RECOMMENDATION:

None.




JMS - O: (2003-TRANSPLAN)
O:COMMON\DEPTMENT\ADMIN\I\GNDAFRM
                               WEST MICHIGAN SHORELINE
                               REGIONAL DEVELOPMENT COMMISSION




      Memorandum
      Date:         September 19, 2002

      To:           The Honorable Steve Warmington
                    Mayor, City of Muskegon

      From:         Nancy Crandall, Chairperson
                    Transportation Policy Committee
                    Mayor, City of Norton Shores

      Subject:      Local Matching Funds
                    West Michigan Metropolitan Transportation Planning Program(WestPlan)


      The Work Program and Budget for the Fiscal Year 2003 (October 1, 2002 through
      September 30, 2003) for the West Michigan Metropolitan Transportation Planning
      Program (WestPlan) was approved by the Transportation Policy Committee on July 10,
      2002. A copy of the Work Program and Budget was forwarded to your representative on
      the Transportation Policy Committee.

      As you are aware, the MPO Program was recently reorganized to include portions of
      northern Ottawa County as a result of the 2000 Census. This realignment/expansion, as
      well as, changes to the organizational and dues structure was approved by roll call vote
      at a meeting of the Transportation Policy Committee on September 18, 2002. A copy of
      the proposal was previously forwarded to you. If you have any questions or comments
      regarding the Work Program and Budget or the realignment/expansion of the MPO, please
      call me or the Regional Commission's Executive Director, Sandeep Dey.

      ms

      Enclosure

      cc: Bryan Mazade                                               RECEIVED
                                                                          MUIKIIION
                                                                       Cl:t't MANAQlff'I
                                                                             OFFIOll


137 MUSKEGON MALL                                                                         (231) 722-7878
P.O. BOX 387                         MUSKEGON, MICHIGAN 49443-0387                    FAX (231) 722-9362
                                                                         e-mail: WMSRDC@WMSRDC.ORG
WWW.WMSRDCORG
West Michigan Metropolitan Transportation Planning Program (WestPlan)
                                   Dues Structure
                            Approved September 18, 2002

                                Muskeaon Countv
                                      Dues                   Population
     Citv of Muskeqon                  $16,040.00              40,105
     Muskenon Heiahts                   $4,820.00              12,049
     Roosevelt Park                     $1,560.00               3,890
     Norton Shores                      $9,010.00              22,527
     North Muskeqon                     $1,620.00               4,031
     Villaae of Fruitport                 $500.00               1,124
     *MCRC                             $22,180.00              55,446
      Sub Total                          $55,730.00

                                  Ottawa Countv
                                       Dues                  Pooulation
      Citv of Grand Haven                $4,470.00             11,168
      Citv of Ferrvsburg                 $1,220.00             3,040
      Villaae of Soring Lake             $1,010.00             2,514
      *OCRC FAUB                        $13,310.00             33,274
      Ottawa County                     $20,000.00             49,996
      Sub Total                          $40,010.00

                            Transit Aaencies
                                   Dues
      Harbor Transit                 $5,000.00
      Muskegon Area Transit          $5,000.00
      Svstem
      Sub Total                           $10,000.00
      TOTAL                             $105,740.00

        1 Dues calculated based on $.40 per capita using 2000 Census
        2 Village of Fruitport assessed flat fee of $500.00
        3 MATS and Harbor Transit also assessed flat fee of $5,000.00 each
        4 Population basis for the Road Commissions include all portions of townships
          included in the Federal Aid Urban Boundary

        *Township included:
            Muskegon County: Sullivan, Egelston, Dalton, Fruitport (minus village
            population), Laketon and Muskegon
            Ottawa County: Grand Haven, Robinson, Crockery and Spring Lake

        Local Governments in the Muskegon/Grand Haven area are expected to
        receive $10 to $15 million annually in federal transportation funds through the
        West Michigan Shoreline Regional Development Commission's MPO Program.
                                                                                   INVOICE
                                   WEST MICHIGAN SHORELINE
                               REGIONAL DEVELOPMENT COMMISSION
         137 MUSKEGON MALL e P.    B X 3B7 • MUSKEGON, MICHIGAN 49443·    •. •                               • 3B7
                    PH • NE 1231 I 722·7B7B • F"AX 1231 I 722·9362
                                                                          WEBSITE • www.WMBROC.ORl3

 SOLD TO                                                                                     SHIPPED TO
     i               City of Muskegon                                                 7
                     Steve Warmington, Mayor
                     P.O. Box 536
                      Muskegon, MI                    49443
     L_::--



                                                                                                               ...
                                                            SHIPPED VIA                                   INVOICE NO.


                                                                                                          003863

                      City of Muskegon's share of the Fiscal Year 2003

                      Transportation Planning Program.                                                           16,040.0C




                         Cr: 6329.0329.1 14,891.20

                       CR:6329.0329.3                         1,148.80


'eorder Item #NVR73
 he Drawing Board. P.O. Box 2944, Hartford, CT 06104-2944
  EGI. 1982, Printed in U.S.A
                                                                   •                                  •
Date:     September 30, 2002
To:       Honorable ~~      ,/d City Commissioners
From:     RicScott~
RE:       Smith-Ryerson Agreement


SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign agreement with
Basic Neighborhood Services to manage Smith-Ryerson
Community Center


FINANCIAL IMPACT:
None


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends Approval
Affirmative A ;tlon
231/724-6703,
FAX/722- 1214

Assessor
231/724-6708
FAX/726-5181

Cemetery
23 I /724-6783
FAX/726-5617

Civil Service
231/724-6716
FA X/724-4405                                       West MichJgan's Shol'ellne Cily
Clerk
231/724-6705
FAX/724-4178
                      Date:         September 30, 2002
Comm. & Neigh,
  Services
231/724-6717
                      To:           Honorable ~~~~nJ City Commissioners
FAX/726-2501
                      From:         Ric Scott ~    -
Engineering
231 /724-6707         Re:           Smith-Ryerson Agreement
FAX/727-6904
                      For many years , Basic Neighborhood Services has been
Finance
231/724-6713
                      managing the Community Center at Smith-Ryerson. This
FAX/724-6768          agreement is basically a renewal of that agreement.
Fire Dept.
231/724-6792
                      This summer, the Jackson Hill Neighborhood Association
FAX/724-6985          expressed interest in managing the facility. However ,
Income Tax
                      they decided not to do it when many of the officers
231/724-6770          changed.
FAX/724-6768
                      I would ask that you authorize the Mayor and clerk sign
Info. Systems
231/724-6744          the agreement. The Leisure Services Board recommends
FAX/722-4301
                      approval.
Leisure Service
231 /724-6704         Thank you for your consideration.
FAX/724-1196

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

Mnyor's Office
23 1/724-6701
FAX/722-1214

Inspection Services
231/724-6715
FAX/726-250 1

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

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

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

Treasurer
231 /724-6720
FAX/724-6768

Waler DUiing Dept.
231/724-6718
F AX/724- 6768

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


                            City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                  OPERATING AGREEMENT
                                        2002-111(d)
       THIS AGREEMENT made between BASIC NEIGHBORHOOD SERVICES, a
 Michigan non-profit corporation ("BNS"), and CITY OF MUSKEGON, a municipal corporation
 ("CITY"):

        WHEREAS, BNS has proposed to the CITY that BNS justly assumes possession and
 responsibility for the maintenance, operations, staffing and security ("operating control") of the
 Smith Ryerson Community Center at the Smith Ryerson Playfield, a CITY park owned and
 operated by the City of Muskegon; and

       WHEREAS, this agreement is a renewal of the operating agreement between BNS and
 CITY dated October 8 2002                    .

          NOW THEREFORE IT IS AGREED:

        l.    For a period of one (1) year from and after date of execution of this agreement,
the CITY hereby assigns and transfers to BNS possession and operating control of the Smith
Ryerson Community Center and its environs at the easterly end of the Smith Ryerson Playfield,
City of Muskegon, Muskegon County, Michigan. The terms of this agreement may be renewed,
annually, upon terms and conditions mutually agreeable.

        2.     BNS shall pay to the CITY the sum of One Dollar ($1.00) for the rights and
privileges granted hereunder.

               BNS may charge a fee for the usage of the Community, which fee shall be used
for programs at this site, maintenance and repairs. Monies received from _____ shall be
payable to the City.

        3.     Attached hereto and incorporated herein by reference as Exhibit A is an inventory
of the personal property and equipment located upon the premises possession and control of
which are also transferred to BNS but which shall not be damaged, destroyed or removed from
the premises by BNS or any of its agents or employees.

       4.       BNS accepts the premises in its existing condition and on an AS IS basis and in
no event shall the CITY be liable for any defect in such property or for limitations on its use.

        5.      BNS shall, at its own expense, make any and all necessary interior repairs and
replacements to the premises and shall maintain the same in a clean and orderly condition
provided however that in the event BNS determines to undertake repairs and improvements to
the premises all such repairs and improvements shall be done in a good and workmanlike manner
and in compliance with the applicable codes and ordinances of the CITY; provided further that
no such alterations, improvements or repairs shall be undertaken without first having obtained
the prior written consent of the City Manager of the CITY. All improvements, replacements and

C:\DOCUME-1\scott\LOCALS-1\Temp\BSNSMITH~RYERSON agree.doc
                                                             1
repairs made to the premises shall, upon completion thereof, become the property of the CITY
and shall remain upon the premises at the expiration of this agreement.

         6.     The parties understand that BNS will from time to time receive grants and
payments of funds from third parties for the purpose of operating its programs as well as
performing its obligations to repair and maintain the facilities. BNS agrees that it receives said
funds, to the extent they are paid for the purpose of repairing, maintaining or improving the
facility, as agent of the CITY and that it shall devote the said funds to the uses intended by the
grantor or payor thereof. BNS acknowledges its obligation to account to the CITY at such times
as may be reasonably demanded, for its use of said earmarked funds.

       7.       During the term of this agreement the CITY shall pay all charges for water, gas
and electricity used, rendered or supplied, upon or in connection with the premises.

        8.     The CITY shall maintain all mechanical equipment in and upon the premises
during the term of this agreement.

       9.      The CITY shall not be liable for any damage on account of stoppage or failure of
operation of any part of the mechanical plant of the premises including the heating, air
conditioning, plumbing or electrical facilities.

       10.     The CITY shall provide a minimum of three (3) summer workers to assist in the
operation of the premises for the months of June through September during the term of this
agreement.

         11.      INSURANCE AND INDEMNITY

                a.      Hold Harmless Agreements. To the fullest extent permitted by law, BNS
agrees to defend, pay in behalf of, indemnify, and hold harmless the CITY, its elected and
appointed officials, employees, volunteers, and others working on behalf of the CITY against
any and all claims, demands, suits, or loss, including all costs connected therewith, and for any
damages which may be asserted, claimed or recovered against or from the CITY, its elected and
appointed officials, employees, volunteers, or others working on behalf of the CITY, by reason
of personal injury, including bodily injury and death, property damage, including loss of use
thereof, and/or the effects of or release of toxic and/or hazardous material which arises out of or
is any way connected or associated with this contract. The obligation to defend and hold
harmless extends to CITY'S employees, agents, subcontractors, assigns and successors.

                b.      Contractor Insurance Requirement. BNS shall not commence work under
this contract until obtaining the insurance required under this paragraph. All coverages shall be
with insurance companies licensed and admitted to do business in the State of Michigan and Best
Rated A VIII. All coverage shall be with insurance carriers acceptable to CITY.

                c.      Workers' Compensation Insurance. BNS shall procure and maintain
during the life ofthis contract, Workers' Compensation Insurance, including Employers Liability
Coverage, in accordance with all applicable Statutes of the State of Michigan.


C:\DOCUME~1\scott\LOCALS-1\Temp\BSNSMITH-RYERSON agree.doc
                                                             2
                d.       Commercial General Liability Insurance. BNS shall procure and maintain
during the life of this contract, commercial general Liability Insurance on an "Occurrence Basis"
with limits of liability not less than $3,000,000 per occurrence and/or aggregate combined single
limit, Personal Injury Bodily Injury and Property Damage. Coverage shall include the following
extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent
Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion
of all explosion, Collapse and Underground (SCU) Exclusions, if applicable.

                e.      Additional Insured. Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement stating the following shall
be "Additional Insureds": The CITY, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board members, including employees
and volunteers thereof. The endorsement adding the City as additional insured shall read exactly
as follows: "The City of Muskegon 12 hereby added as an additional insured ... "

               f.      Cancellation Notice. Workers' Compensation Insurance, Commercial
General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall
include an endorsement stating the following: "It is understood and agreed that Thirty (30) days'
Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or Material Change shall
be sent to: CITY OF MUSKEGON LEISURE SERVICES DEPARTMENT."

                g.     Proof of Insurance Coverage. BNS shall provide the CITY at the time the
contracts are returned by them for execution, certificates and policies endorsing the City as
additional insured as listed below:

                      i.     Two (2) copies of Certificate ofinsurance for Workers'
         Compensation Insurance.

                           11.      Two (2) copies of Certificate ofinsurance for Commercial General
         Liability Insurance;

                      m.      Original Policy, or original Binder pending issuance of policy, for
         Owner's and Contractor's Protective Liability Insurance;

                           IV.      If so requested, Certified Copies of all policies mentioned above
         will be furnished.

                h.      If any of the above coverages expire during the term of this contract, the
CITY and BNS shall deliver renewal certificates and/or policies to CITY at least ten (IO) days'
prior to the expiration date.

     12.    BNS shall honor all existing contracts between tenants of the Smith Ryerson
Community Center and the City of Muskegon.




C:\DOCUME~1\scott\LOCALS~1\Temp\BSNSMITH-RYERSON agree.doc
                                                             3
           13.    IfBNS.shall fail to perform any ofits obligations hereunder, CITY may, ifit so
. elects, declare this Memorandum of Agreement to be in default and, without notice, at its option,
  declare this agreement terminated and may reenter the premises and remove all persons and
  property from the same, using all necessary force to do so; and BNS expressly waives all service
  of any demand or notice prescribed by any statute whatsoever.

           14.  One or more waivers of any covenant or condition by either party shall not be
 construed as a waiver of a further breach of the same covenant or condition.

           15.      This agreement shall be interpreted under the laws of the State of Michigan.

       IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
 Agreement 8th day of October  2002.

 WITNESSES:                                    BASIC NEIGHBORHOOD SERVICES
                                               By_ _ _ _ _ _ _ _ _ _ _ __

                                                        Its._____________


                                               and· - - - - - - - - - - - - - - -

                                                        Its._____________




C:\OOCUME~1\scott\LOCALS--1\Temp\BSNSMITH-RYERSON agree.doc
                                                              4
                  Commission Meeting Date: October 8, 2002




Date:          September 30, 2002
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development              ~iv
RE:           Sale of Non-buildable Lot at 497 Deaner Drive


SUMMARY OF REQUEST:

To approve the sale of a vacant non-buildable lot (Parcel #24-205-018-0016-00) at 497
Deaner Drive to Bob Neal and Becky Hatfield, 498 Mulder Street, Muskegon, Ml 49442
Approval of this sale will allow the adjacent property owner to expand their current yard
(see attached map). This is very small, land-locked parcel (16 x 16.5 fl.) and there is a
large Mulberry tree that needs to be removed. The City can't maintain this tree without
crossing private property. The cost for tree removal would be extensive to the
applicant, and in order to relieve some of their cost, LRC has recommended that an
exception be made to the property sale policy and allow the lot to be sold for $1.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.

COMMITTEE RECOMMENDATION:

The LRC recommended approval, due to special circumstances.




9/30/2002
                                    CITY OF MUSKEGON

                                    RESOLUTION #2002-111 (f)

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

WHEREAS, the City of Muskegon has received $1 from Bob Neal and Becky Hatfield, 498
Mulder Street, Muskegon, Ml 49442 for the purchase of a vacant, City-owned lot located
adjacent to her property at 497 Deaner Drive (parcel #24-205-018-0016-00);

WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,

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

WHEREAS, the sale of this property would be in accordance with property disposition goals and
special recommendation of the Land Reutilization Committee (LRC);

NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 W 16 FT LOT 14 EX S 115.5 FT BLK 18 be sold to Bob Neal and Becky Hatfield for
$1.


Resolution adopted this 8th day of October, 2002.

          Ayes:

          Nays:

          Absent:



          " hen
          Mayor


Attest:    ~ a ~31_.j
          Gail A. Kundinger, MMC
          Clerk
                                      CERTIFICATION
                                           2002-111(f)
This resolution was adopted at a regular meeting ofthe City Commission, held on October 8, 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        ~_Q_
                                                            Gail A. Kundinger, MMC
                                                            Clerk
                                                  QUIT-CLAIM DEED
                                                  2002-111(f)
  KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
  address is 933 Tenace Street, Muskegon, MI 49440,

  QUIT CLAIMS TO: BOB NEAL, a single man, and BECKY HATFIELD, of 498 Mulder, Muskegon, MI 49442,

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

                   West 16 feet of Lot 14, except the South 115.5 feet, Block 18, CITY OF MUSKEGON
                   REVISED PLAT OF 1903

 for the sum of One and no/100 Dollars ($ 1.00)

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

 Dated this i1f2_ day of October, 2002.

 Signed in the presence of:

  ~L~.i<~u~
'i'~j;ht>Cb                '~ QfrJ:k.,.
   1\1), •~ · 1...t fr\.,':"'1='1cc:t.t
 STATE OF MICHIGAN
 COUNTY OF MUSKEGON

         The foregoing instrument was acknowledged before me this    30
                                                                     day of October, 2002, by Stephen J.
 Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF MUSKEGON, a
 municipal corporation, on behalf of the City.


 PREPARED BY:
 John C. Schrier
                                                              ~~~d~r~~~i
                                                              Notary Public, Muskegon County, Michigan
 Parmenter O'Toole                                            My commission expires:     s - /~- ':5'.
                                                                                                 (2
 175 W. Apple Ave., P. 0. Box 786
 Muskegon, MI 49443-0786
 Telephone: 616/722-1621
 SEND SUBSEQUENT TAX BILLS TO: Grantee               WHEN RECORDED RETIJRN TO: Grantee




 C:\DOCUME-1\anguilm\LOCALS~1\Temp\Al8072.DOC
------r--r--
         -------~[-
    -   -   -   -   3/\lciO cl3N\130




                ---7                    ----




                                  lS <130lnf"J
                           CITY COMMISSION MEETING
                              Tuesday October 8, 2002



TO:           Honorable Mayor and City Commissioners

FROM:         Anthony L. Kleibecker
              Chief of Police

DATE:         October 1, 2002

SUBJECT:      Approval ofWEMET Contract



SUMMARY OF REQUEST:

Police Department staff requests that the Commission review and approve the 2002-2003
Personnel Services Agreement with the West Michigan Enforcement Team (WEMET).
This is an annual operating agreement between the City and WEMET.

FINANCIAL IMPACT:

None


BUDGET ACTION REQUIRED:

None


STAFF RECOMMENDATION:

Approval of the request.
                  AGREEMENTFORPERSONNELSERVICESBETWEEN
                 THE WEST MICHIGAN ENFORCEMENT TEAM (WEMET)
                      AND MUSKEGON POLICE DEPARTMENT
                                 2002-111(9)


          This Agreement is made this !st day of October, 2002, by and between the West

Michigan Enforcement Team (WEMET) and Muskegon Police Department, a Michigan

municipal corporation, (the Contracting Public Agency) with reference to the following facts and

circumstances:

          A. WEMET is a cooperative law enforcement force, established under the provisions of

the Urban Cooperation Act, MCLA 124.501 et seq., MSA 4.4088(1) et seq., for the purpose of

protecting the health, safety, and welfare ofthe general public and the residents of West

Michigan by enforcing narcotics and controlled substance laws.

          B. The Contracting Public Agency has a law enforcement agency under its jurisdiction

and control, and agrees to provide full-time equivalent manpower from that law enforcement

agency to participate in and support WEMET operations, on the terms and conditions set forth

herein.

          Now therefore the parties agree as follows:

          1. Duties of the Contracting Public Agency. The Contracting Public Agency agrees to

provide and assign 5 full-time (average of 40 hours per week) law enforcement officer(s) to

function as a member(s) of the WEMET cooperative law enforcement force. During the period

of such assignment, any law enforcement officer provided by the Contracting Public Agency

shall operate and perform all law enforcement functions under the direct supervision and control

of the Commander ofWEMET. The name and any specific terms under which any assigned law

enforcement officer shall work under the jurisdiction ofWEMET shall be set forth in a separate



                                                   1
letter from the Contracting Public Agency and shall, to the maximum extent permitted by law,

be confidential under the provisions of the Michigan Freedom of Information Act, MCLA 15.231

et seq., MSA 4.1801 et seq.

           2. Employee of Contracting Public Agency. All personnel supplied to the Contracting

Public Agency shall remain at all times solely the employee of the Contracting Public Agency,

and not of WEMET; and the Contracting Public Agency shall be and remain solely responsible

for the payment of all wages, fringe benefits, disability payments, and charges to be made for

equipment, supplies, and materials used or expended by which are not otherwise supplied by

WEMET. Any equipment, supplies, and materials to be supplied or furnished by the Contracting

Public Agency for use by the personnel assigned under this Agreement is listed in Exhibit "A"

attached hereto, and may be changed or supplemented from time-to-time by agreement of the

parties.

           3. Reassignment of Personnel: The parties agree and understand that, due to the nature

ofWEMET's work, it is absolutely necessary that the Commander ofWEMET have the final

determination with regard to personnel assigned to WEMET operations. The parties agree to

work cooperatively with regard to personnel decisions and assignments but final decisions

regarding the appropriateness of personnel and their assignments shall rest with the Commander.

The Commander may request re-assignment of personnel at any time, without cause, and in

his/her absolute discretion.

           4. Indemnification and Hold Harmless. It is the intent of this Agreement that all parties .

shall bear the sole responsibility for the acts and omissions of its personnel in providing services

pursuant to this Agreement. Each Contracting Public Agency shall defend, indemnify and all

other Contracting Public Agencies, and all Participating Public Agencies under the West



                                                    2
Michigan Enforcement Team Agreement harmless from any costs and liability, including

attorneys' fees, caused by any act or omission of the indemnifying party, its officers, agents or

t:;mployees, performed while acting within the scope of their duties and while performing under

the terms of this Agreement. Nothing contained within this Agreement shall be intended or

construed to provide third party beneficiary rights to any persons or to create a cause of action in

favor of such persons.

        5. Govermnental Immunity. In signing this Agreement, neither party waives their

governmental immunity, nor any defenses available to them or their officers, agents or employees

when providing services pursuant to this Agreement, under the terms of the Michigan

Governmental Immunity Act, being Act 170 of the Public Acts of 1964, as amended, MCL

691.1401, et seq., MSA 3.996(101) et seq., or any other defenses which may be available to any

of them under state or federal law, nor shall this Agreement modify, or be construed to modify,

the privileges and immunities of law enforcement officers under Michigan law.

       6. Insurance. The Contracting Public Agency signing this Agreement shall maintain, at

all times during the term of this Agreement, liability insurance for claims of bodily injury,

personal injury or property damage to cover the operations of their respective departments,

employees, officers and agents, including all assigned personnel, with limits in an amount of not

less than $1,000,000. Such insurance shall provide coverage for offenses including, but not

limited to, bodily injury or property damage arising out of the use ofreasonable force to protect,

to prevent injury, or to effect an arrest, false arrest, false detention, false imprisonment, malicious

prosecution, libel, slander, false, erroneous, or improper service of civil process, and violation of

federal and state constitutional rights and federal, state, and other civil rights. The Contracting

Public Agency shall also maintain, at all times during the term of this Agreement, Worker's



                                                  3
Disability Compensation insurance or self-insurance approval, as required by Michigan law. The

Contracting Public Agency shall further maintain, at all times during the term of this Agreement,

insurance policies or programs to cover the use and operations of motor vehicles, with limits of

not less than $1,000,000 for comprehensive general liability and statutory "no fault"

requirements. The Contracting Public Agency shall furnish proof of any insurance coverage

required by this section, upon reasonable written request, to any signatory of this Agreement.

        7. Termination of Agreement. This Agreement shall commence on the day and year first

above written, and shall terminate on September 30, 2003, unless otherwise extended in writing

by all parties to this Agreement. Any party may withdraw from this Agreement by providing

written notice of the intent to withdraw to the chief law enforcement official and the chief civil

administrative official of each of the other parties no less than thirty days prior to the date that the

party will cease to participate.

        IN WITNESS WHEREOF, the parties have executed this Agreement, effective the date

first written.




                                                   4
           West Michigan Enforcement Team
           (WE~)

By:            ro~&.r~c: _/
           Chairperson, Policy Board


By:
           Secretary, Policy Board




By:

Its:




By:

Its:       Gail A. Kundinger, City Clerk




       5
      Commission Meeting Date:            October 8, 2002




Date:       October 1, 2002
To:         Honorable Mayor & City Commission
from:       Community and Neighborhood Services
            Department
RE:         Approval of City's Vinyl Siding program guidelines


SUMMARY OF REQUEST: To approve the guidelines for the vinyl
siding program administered through the Community and Neighborhood
Services department.

Because of a change in policy related to the lead based paint issue, the
Community and Neighborhood Services has discontinued its exterior
painting program.

Therefore, in an effort to serve as many residents as economically
feasible the department revised its vinyl siding guidelines.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the revised vinyl siding
program guidelines

COMMITTEE RECOMMENDATION: Recommended the change to new
program guidelines.
                   Vinyl Siding Program Revised Guidelines


The Vinyl Siding program intends to correct damages to the exterior siding of owner
occupied homes to qualified residents throughout the City of Muskegon. In addition to
maintenance value, the vinyl siding program is to add aesthetic appeal to the home and
the immediate neighborhood throughout the City.

Priority: Assistance will be available to residents citywide with priority given to Senior
Citizens (62 years of age and older), certified physical disable persons with the following
types of exterior siding: imitation brick, asbestos, slate and chipboard.

Eligibility Requirements

1. Total household income must be no greater than 60% of area median income

2. The applicant must be an owner occupant of a single-family dwelling. Land sale
   contract buyers are eligible but must obtain the approval of the land contact holder.

3. All applicants must reside in the home for at least one year before applying.

4. All property taxes must be paid up to date at the time applicant applies to program
   and at the time of construction.


            Other conditions that may qualify applicants for the program


1. Extensive damage to siding, cracks, holes or rotted wood.

2. Large amounts of missing siding when the original material is no longer available.

3. A wood surface that has deteriorated to the point where paint no longer properly
   adhere to the surface.

All structures must be determined structurally sound by the CNS rehabilitation inspector
and / or city building inspectors

A lien will be against the property for the full amount of assistance. This lien will be
reduced by 20% per year until concluded or balance reimbursed to the City of Muskegon.
Date:        October 8, 2002
To:          Honorable Mayor and City Commissioners
From:        Gail Kundinger, City Clerk
RE:          Resolution for Charitable Gaming License




SUMMARY OF REQUEST: Obesity Cure International Inc., 1248 Albert
Avenue, is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming
license.



FINANCIAL IMPACT: None



BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: None


 t'\I\ .   \j ~   ~            G'-"-   wlJ ~ ~        LA.)oJd   ~ ~ ..

)k,
      e,~GO'\.Sb l t{3)
    '                   MICHIGAN LOTTERY

'
        'l~
        ~'
                        CHARITABLE GAMING DIVISION
                    101 E. HILLSDALE, BOX 30023
                    LANSING, MICHIGAN 48909
        iornJry     15171 335-57B0
                    www.state.mi.us\milottery

                                                  LOCAL GOVERNING BODY RESOLUTION
                                          FOR GAMING LICENSES ISSUED BY THE MICHIGAN LOTTERY
                                                                                 (Authorized by MCL 432.101 et seq)
                                                                                                  2002-112(b)
                    Ata                   Reg1iJ ar
                                              REGULAR OR SPECIAL
                                                                                                   meeting of the _ ___,,C=i""t'"yc-.:'C":o'=m"'m'-=i~s"'s~i~o""n====--
                                                                                                                               rowNsH1P, CITY, OR VILLAGE COUNCIL/BOARD



                        called to order by                     Mayor Warmington                                                       on      October       8, 2002              at
                                                                                                                                                        DATE


                          5:30                    a'.lm./p.m. the following resolution was offered:
                               TIME


                    Moved by                Commissioner Schweifler                                            and supported by        Commissioner Larson


                    that the request from


                    county of -----'-(t\---'-'-'--'->S:,_-_,_k;=,z_='ll--"O'-'-,.-...--'------' asking that they be recognized as a nonprofit
                                                                    COUNTYNAlfE


                    organization operating in the communitY for the purpose of obtaining a gaming license or


                    registration be considered for                                    approval
                                                                                         Af',=,flQVAUDISAPPROVAL


                                                                 APPROVAL                                                   DISAPPROVAL

                                                      Yeas:                       7                                 Yeas:

                                                       Nays:                      0                                 Nays:

                                                      Absent:                     0                                 Absent:


                   State of Michigan ) SS
                   County of Muskegon

                    I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted

                   by the            City Commission                                                at a           Requ l ar                           meeting held on

                          October 8                2002
                              *"* SEAL OR NOTARY***                                                      SIGNED:
                                                                                                                        ~~SHl;,q,O~:~~
                                                                                                                      Gail     A.   Kundinger, City Clerk
                                                                                                                                      PRINTED NAME ANO TITlE
                                                                                                                      933 Terrace
                                                                                                                      Muskegon, Ml            49440
                                                                                                                                             ADDRESS


                          NOT VALID UNLESS MARKED WITH GOVERNING
                                   BODY SEAL OR NOTARIZED

                  \Toe Micnigan Lottery will net discrimina1e against any individual or group because
                  lotrace. sex. re!iQion, age, national onqin, color, mental status. Qualified disability or
                                                                                                                                                        ICOMPLE170N: R&QU!fed.
                  'DOIUicaf belie in Hs ai:tMl16S or m ~s h1rin or emp      ent praciices.                                                               PENAL TY: Possible denial of apolication.
                                                  <fil. ce. r,.
                                c({)j~ ~                    rJ~
                            " .di,    ~-<JJ>w/,w ~ "
                                                   501 (C) (3)
                                        P.O. Box 5397 ~ N. Muskegon, Ml 49445
                                       Phone 1-888-220-9133 ~ Fax 231-773-6792
                                                www.weightperfect.org




 September 23, 2002


 City of Muskegon Commission Board
 933 Terrace Street
 Muskegon, Michigan 49443


 Muskegon City Commission:

         Obesity Cure International, dba O.C.I., was created with the specific purpose of finding a

 permanent solution to the greatest health risk facing America today, obesity.

         It is our intention to build a , state of the art, research institute in the city of Muskegon.

         We have decided a weekly bingo would be helpful to cover operating expenses until major fund

 raising programs are in place.

         A resolution by the commission is necessary to accompany our application to the State of

 Michigan.

         Your prompt consideration to this matter will greatly be appreciated.

 P.S.

 Board members and officers are all volunteers.



 Since~       f],     tJ~~                      F'"-A   J ,

~B.Wilson
INTERNAL REV..NOE SEF:JJ.CE
P. o. smc 2soe                                                                               :JE.!?ARTMZNT OF THE !:REJ.SU.RY
C!.t:V:!.blNPc..'tI,      OH   45201

                                                                 Emp.'.:..c-yex:· :r.oent: f icatio.:n. Number:
Date,       Ju.,,~     <• '
                       ,:. '                                      3 8 ..:3 54 <J (; 94
                                                                 DLN:
                                                                  302126006
OBESITY ~Ul!.l.l INTE!UlATIQN;,.:,                               Cont a.ct Persc,n:
:/o JOm, l! WILSON                                                WILLIAM C' cA!I.VI                         !t'# :ll431
l24ll ALBERT !Wl!l                                           Conl".act Telephc71e Num.be.r,
MO'S!CEGON, M! 4944:                                              (877}      829-:'SSOO
                                                             Acccunti.ng ?.a'!.·iod Endir..g:
                                                                 Decetr.l1er 3 .L
                                                             l?ounda.ticn Stat.us Clae.sifiea.tion,
                                                                        50Sia)(1'
                                                             Advance R:.Jling Period Begins:
                                                                       Jur-,.e 13, 300l
                                                             l~cb.ra.nce R\.:.l ing t,ar:!.od. ends:
                                                                    Deceetl:.e~ 31, 200s
                                                             i'=l..ddendum Appli.ee:
                                                                      N'o


Dear Applicant:

        Based on informatic.n            yci"J 1n... ;-;pliGd,    ar::..:i a.?.s~-i.i1iing   your operations will be as
s~ated in you.r appllcat -ion fo:r: ;;ec:ogr:.i eion of e ><~r,"l:pt.ion, w~ have ciet:erl-nined yoc
are exempt frorn fed~ral income -:ax under section 501 (a.} o=. the Int:ert!al Revenue
,::ode: ao an organi~ation described in sect.ion SVl (c) (3).

      Secause ycu are a r,;;wly c,:-eated organizatcon, we !ire not ~,o,, snaking a
final dete:r;mina.tion of your f-:>unda.tior.. status undR.r section 509 (a) of the Code.
Howeive-r, we have dete1-miJ:ed that you can re~sscr..iilily expect to be a publicly
supported organization d-eecr-ibed. :n aect.ion 5C9 (a! <.:21 •

        .Accordingly, durir.,,9        .;i.n   adva11ce :culing period you will be treaeed as a
f'Ubj_iely suppo:r-teid o.rgs..:-:.ization, a.::::!.d no-: as a pr:i. vat:e fol.illdation.                  ·rhia advance.
ruling period begi.r.,,s and end1:; on the dnteil s,how:n ab..,ve.

         rliehin 90 days afc>!t' the er:d of your advl\nce :z:,.;.ling per_iod,. you must
send us the information .needed to :ietermirie whecher you have met the require-
ments of t:he applicab2.e .i::\.lf'PQ:t·t test during the ad:vance rt.1ling period, !f you
establiah that you have beer., a r,ubl°icly supported organizati.ou, we will classi-
 fy you as a r:utctior~ SOSi (a} (1: oi:· 503 (c:i,j (2) orga.nizat:ion as long as y-ou continue
t<:> meet the requirem"'1,ts of t.he applicable supvort t,.,,.t.          If you do noe meet
'the public support !:'eti:t:.i.rementa ch1ring t:he advance ruling per1.od1 we wi:.l
classify you as a private foundation tor futuz~ periods. Also1 if we olaesify
you ae a private fou:1dar.ic.1n; w~ vd.!.l treat yc•u a£.S a pr.Lvate fou..-,.datio.n from
,,our l:>eginn;.ng date tor purposes of aeccio» ,;07 (di and 4940,
      Qrantors and r:ont:ributor!! r:1a)~ rely on (~ur determina':.ion that you. a.re not a
t1i:ivete founc!at:itln •:.nt.il so da•1a after t:,e ,.,,d of your advance rul.ing p;,riod.
If you send us the J!'eq_uired inf~r~n.,;:i,L!.cn 'JJithin the 90 days, g.ran.to:rs and.
eont::-i..butors may continue to re:y on tt'e advance cieterm.in.--tion unti1 w~ make


                                                                                                    Lett,r 1045 (PO/CG)
a fin.al dete:nrdnat.ion cf yo.Jr !oundi~tion status.

       !f we p@lish a not.ice in i':be :ncar:::ial Revenue .Su.l..letin stating that we
will no lcnge·r treat you es -a r,u;:)li~:ly suppcxted i,rganization, granters al'l.d
cont.ri.but~re may not rely on ':his det.ermi:r:-i.ation a.ft;er thit: date we: publish the
~oT;ice, Zn add.i:,:ic,n, if you lose your status as ~ publicly supported o.rgani-
:zai:ion, and a gr.ant or O!: i::,:;:.tribut:or was ::ea[)onoible fe".lr, or was aware of, the
act. o::.- fa,1.lure t.o :,i.c,:, · that resulted ir:: :rc'.,;,r 11.,ss cf such status, t:.hat perocn
may not rely on i:l-d'-' d<:terrnina.cion froM :hi1' date 1:f the act ?r failure to aet.
Al se, if a gra.ntor e:r ,,;<:,t!tt'J.bu.tc.::: ::.ea:.~1ed 'that:. we had given. noti.-ce that you
would J:,e removed from clij,',se:.fi.{.~ation a.s a pu.l::lir.!ly supp,orted organization, th<en
that person may not rely or. t;h.i.:;1 det;e::.."mirta.tiOl"l    3Sc   of t.he date he o::: ehe
aequired sueh knowledge.
         If you change ycu.r sources of support, you1· purposes, character, 01: method
of <"J;,e:=:•ation, plea.se let us know so we can co1:i.aide.r t.he effect of the change or.
yo•.ir exempt: status ar.6. foundation scat':le. If y,m amend your oxgani:,,at1onal
d.oc:1..un.ent or bylaws, pl<!iase send ·us a copy of t.h~ amended document or bylaws,
A.&.so,, let us know a.:1 cha.1.'l.ges in yo-:..:.r name or address.

     As of January 1, .l.S:84, you are liable for 3oc:ial 35cu~itY taxes under
the Federal Ineurance C0ntri.bu.t1011.s Act on amounts ot· $1JO or more you pay to_
aach of your ~mployees during a cale::6.ar year. Ycu are not liable for the tax
impoae.d under the P't:der.al "C}ti.e:mpl-:,ymer..t Tax Act {!"UTA) .

      Organizat:ions that: are n,:,t prlvat\! ioundations az: 1?. not subject to the pri-
vate foundation e:xciae t-,9..;{es under chapeer 42 of the !:ot.ernal ReNenue Cod~.
!icwever, "!/O\l are: no~ autOtn.at icaJ. ly exempt from c-ther federal excise taxes. If
you have any questions abo·...1t excise, employment, or '-'ther federal taxes, please
let us kno11.

      Donors may deduct (,;()!').t;ributions t.o you as pt"cVid~-:1 in sectii:in l. 70 of the
In.terna.l Revenue Code,  Be-~1uests, -~~~g3c:,es. deviaes, transfer.a, or gifts t.o you
or f0r your use are deductible f::,r Federal estate amd gi.ft ta:x: purp01.1ee ii: they
meet the applicable pi:ovuiona of ~ections 20$5. :J'.'.%, ancl 2S22 of tne Code.

       Donore may deduct cont::,;ibuticns :o ycu only ~o the. extent that their
contributioml ate g:.f ~a, with no ccnsi<laratic:n received. Ticket purchases &nd
sirnilar paymen::s in l:anjunotion w::.th fundra.isi:ng eve-:.nts ir.ay not xvaoessariJ.y
q-.1ali£y as deducti.ble ,:ontrib·~t:.cne, depending or1 the circumiltances. Revenue
Rulins 67-246. published in Cum'.!.l.ative B\llletin H67•2, on page 104, gbes
guidelines regax·ding when taxpsyers may deduct pa;'1Tlente for a,dmisaion to, or
other pa~ticipat:ion in, fundraising activities .for charity.

     You are not req·J.i:reri to file Form 990, Ret,.1rn of 02.-ganiza.tion Sltempt From
!ncome Taxi if· you.r gross z:-eceipts each year are normally $25,000 01· lesa,        If
you reeeive a Forni 990 pac'<ag,, in ~he mail, ,.imply attach the label provided,
check the box in thl!I headins to ir:dicat,s th,,.L your annual gross :ceceipte a:i:e
aortrtally $.25, c.ioc, o:t· l.e~:1, ~:r..,:i 111ig.x:, t:.ha return. Be~~aucs you will \:,,e i::rea.t:ed as
a publi~ cMrity fot.· ·r-';!t:.\.!.:~:-..1. fL.ing purr,,oe;es during you,: entire advance 1tuling
pe.riod 1 you. ehoul.d f:i.l.e F•::n:-n, 990 fo:i:· ~a.ch ysa.:r- in you.1.~ advanc::\'b. ~uling pe:riod


                                                                                   ~ette:i: 1045 (PO/CG!
Oll!.StT'l CURE !NTER'.JAT!ONA!, !NC


that you ext.":eed    tl";.~   $25,000 f1.li:1g thr~s!,cld even i:! your sources of support
do not D&tisfy the put-.lic ac1.Jppo:rt test .spec:1..fied in thr:: he~ding of thie letter.

       rf a return :ts req1..:ired, it must br.' f.i.led by the lSt.h. day of the fifth
r.:oceh a.fter r.he er,d of your annual acccu:1c.~ng period. A penalty of $:lO a day
1s charged. when a retu:t·n -~S filed late( unl~as ~he.re is rea41onable caui!e for
the delay.   HowevP.r, the max:;.mun: pena.lr.:y char"3"ed oa.1.-~no-:. eJ<:ceed $l0, 100 or
5 pe:reent of -yo.J.r grc-e-s_ rece.ipts !o:: t.be year, V11hi-::he~.tl'!;:r ie le.es. For
organizations wit.h g-1:osa .r.<?ceipts exceed~ng s1,coo . ooc i.:::!. any year,· the penaJ.ty
is SlOO per day per reh,rt,, 1en.:.e,;o ther,s is reasonable cau,;e for the delay.
The ma..,dmum p.enalty f~r an orgar.!.cstion with g:,:oas r"ceipts e:xc:eeding
$1,000,000 sh.all not excel!.ld $S0tCC10. '!'l'"~is penalty may alsc be cba.rged if a
return .is :tot eomplet.e. St,, p.::.d.aae bl:'! i::u~e ,,1-::u:r 1:-et:urn i1':! eomplfl!te bef(:a-e you
file it.

      You are not :t:·equireC:. ':.o file !edera.)~ inco~-e tax r.e:t~rns unless you are
subject tc the ta.x. o~ ,.a:r-e:lated l:,:.isines,s i.ncorr.e '.i.r1cler :aect.:i.on Sll of the Code
If you are subjecc: to th::.s tax, yt,u mu.et fi:e an income ':ax return on Form
93-0-T, exempt O'L~ga.nizat:lor.\ Busineoa Income '!'ax Return.             In this J.ett:er we are
not d$-termining whether any o: your presen-:. -:,r proposed act.ivir.ie!!1 are unre ...
bted t.rade or busin•rna as defined· in section S:3 of che Code.

      You are required to make _you= annual it'lfo~a-c:.:...,n ret.urnf Pot·m 990 or
?orm 9$10··HZ, available f•:,r publ::..c inspection fc-r three years .tfter- ~he later
of the due date of t.he ret:'..l:r:n o,: the dtite t:he ratuz-::1 ill f:!.led, You tir9 also
required to mak~ available fer public 1nspectlon your ~xemption appliea~ion,
any .s\..pport!r.g doc:ument!i, and your e~~empt:ion lettiaz:.     Copie.1;1 ef these
doeumente ax:e also regu.i:ced to be prov1.ded to any individual :.ipon wric~en o:r in
perecn requeert wi thot.tc ch.m.J.'ge othe= tl:an rea.sonab~.e feas for oopying and
postage. You may fulfill this reqt:.:.rement by placing the:.se documents en the
Inte~n-et,    Pen,alti~a may b~ imposed for failwr-t t:o comply· w1-.th these
ra,qui:ntnle.r,ts. Additional ir..feirmat.icn ;.$ avail.UJle it':. Publication 557,
Tax ... Jixempt Status fc.r Your Orgar:izs.t:ion1 or you ma1; 1.;all our toll fra-e
numi:>er shown above,

     'iou need an 11?mployer 1.d.-sntific:1tion number even if you have no employ~es.
:f an employer. identification m;.\llbe.r -11as net: er.1.te:!:"G-d on your applio&tion1 we
will iUJSiST.- a n.umbei.~ eo you an.d advi~e yo"..l of it. Please use that nwriber on
all returns you fi1e. ano .in a:!.1 :::orrespo:idence- wi.::h che Internal P.a•renue
Sez·vice-.
      Thia det.ru:mination        :O.$   based on ev•ide.n.ce tl:at your -:!unds are dedicated to
the purposes l.iste'1 i::1. section Sol/.~) (3} of t:.h_e Code. To a.ssu.re you.r continued
exemption, you should keep records to shew t.ha.t funds are spent only for those
pur;cee.t, 'i.f you c:1i.,tribute fur,ds to othe.r orgar:.izations, your records shou.ld
sho!.: whether they are ex,.mpt: under se~:::.on   S:J: !ci ( 3 l . In c:e.ses where the
recipient o:i:-ganization is not ex2inpt ;1nder sectio'l'l 501 {c) (3), ~,ou rnuet. h«.Vli!
evidence- th41-t the funds will :::ema:r:. d.edicated tc the requi::-ed purposes and th.at
t.he recipient: will u6\e: the f,..mds to-:..· c:loae purposi;::::i.
      r.f you distribute f;..i:nds to i.u~j_ v::.dua.ls., Y?U sho',.l..ld. keep oase histor:i..e!l
                                                   -4-




showing t.he r~cipi~nt.s: names. addr!!!i!Se.;, puz-pc$e$ oi awards, n,..ar...."ler of selec¥
t.ion, and relat:ioiiship fif any} :o mcm.be::s, office.rg, trustees o.r do;io,;s cf
funds to you, so that. :·/ou c~n !iubStant::tat:.e upon !'5:!q'l~est by t:he I11~ernal Revenu~
Service any and al:. diatri.C'utions y-01.1. made to :.i:di~riduals.      O<.even·..ie Rtiling
s6-:;04, c.e. l::iSG-2, pag~ 3:rn.·1

     I! we saict i:t t:.he heacti11g of ch.:.s letter ::hat ,:u1 addend.um applie!!, ':he
addendum eneloeed is an ir...t:eg~a: pa.rt ,::i: :h.:s J.e'!';t:er.

        Becaus.e th.is letter could. he~;;          1.:.s   reaol7e any qut!st.ior.. s a.bOL!t :,"eiu:1: ei.xemp:
status and foc.....,.d.at:'.01:.: stat:1;.e, yet:. .shou.:d ke.i:::~ it: ix: you.:r pe=manE:.nt: recoJ:.'ds.

        We have sent a copy o~ th.is lec:t,e:::-. to your representativ.e as l.ndieated.
in y.our p,::)l.>Jer of at:.torne•,,..

       If you. ha.ve ~y quez:icions, pleas":" .contact th-e p~rs<.m t.'-'hose .name and
1:.elaphon~ nu.rnbar a.re sho·wn in the h':!adi:tg of this letter.




                                                            stev~n ·1·. Mill er
                                                            .D.ir!e::tox·, Exernpt O·t'ganizat:i.onv

EnclOS'.ll:'IJO (s)
Form 8'12-C




                                                                                       Le,;xer 104.S     (Do/CG)
Charitable Conllibutions -                                                    The written substantiation should also note whether the dance organiza-
                                                                              tion provided any goods or services in consideration, in whole or in part,
Substantiation and Disclosure Requirements                                    for the cont:tibution and, if so, must provide a description and good-faith
                                                                              estimate of the value of the goods or services. In the new law these are
                                                                              referred to as "quid pro quo contributions."
UNDER THE NEW LAW, CHARITIES WILL NEED TO PRO-
VIDE NEW KINDS OF INFORMATION TO DONORS, Failure to                           Please note that there is a new law requiring charities to furnish
do so may result in denial of deductions to donors and the imposition of      disclosure statements to donors for such quid pro quo donations in
penalties on charities.                                                       excess of $75. Tirls is addressed in the next section regarding DiscloN
                                                                              sure By Charity.
Legislation signed into law by the President on August l0, 1993. con-
tains a number of significant provisions affecting tax-exempt charitable      If the goods or services consist entirely of intangible religious benefits,
organizations described in section 50 I lc)(3) of the Internal Revenue        the statement should indicate this, but the statement need not describe or
Code. These provisions include: ( 1) new substantiation requirements for      provide an estimate of the value of these benefits. "Intangible religious
donors, and (2) new public disclosure requirements for charities (with        benefits" are also discussed in the following section on Disclosure By
potential penU!ties for failing to comply). Additionally, charities should    Charity. If, on the other hand, the donor received nothing in return for
note that donors could be penalized by loss of the deduction if they foil     the contribution, the written substuntiation must so state.
to substantiate. THE SUBSTANTIATION AND DISCLOSURE
PROVISIONS APPLY TO CONTRIBUTIONS MADE AFl'ER                                 The present law remains in effect that, generally, if the value of an item
DECEMBER 31, 1993.                                                            or groilp of like iterils exceeds $5,000, the donor must obtain a qualified
                                                                              appraisal und submit an appraisal _summruy with the return claiming the
Charities need to familiarize themselves with these tux law changes in        deduction.
order to bring themselves into compliance. This Publication alerts you
to the new provisions affecting tax-exempt charitable organizations. Set      The orgunization may either provide separate statements for each contri-
forth below are brief descriptions of the new law's key provisions. The       bution of $250 or more from a taxpayer, or furnish periodic statements
Internal Revenue Service plans to provide further guidance in the near        substantiating contributions of $250 or more.
future.
                                                                              Separate payments are regarded as independent contributions and are
                                                                              not aggregated for purposes of measuring the $250 threshold. However,
Donor's Substantiation Requirements                                           the Service is authorized to establish anti-abuse rules to prevent avoid-
                                                                              unce of the substantiation requirement by taxpayers writing separate
Documenting Certain Charitable Contributions. - Beginning Janu-               smaller checks on the same date.
ary 1, 1994, no deduction will be allowed under section 170 of the Inter-
nal Revenue Code for any charitable contribution of $250 or more un-          If donations are made through payroll deductions, the deduction from
less the donor has contemporaneous written substantiation from the            each paycheck is regarded as a separate payment.
charity. In cases where the charity has provided goods or services to the
donor in exchange for making the contribution, this contemporaneous           A charity that knowingly provides false wtitten substantiution to a donor
written acknowledgement must include a good faith estimate of the             may be subject to the penalties for aiding and abetting an understate-
value of such goods or services. Thus, taxpayers may no longer rely           ment of tax liability under section 6701 of the Code.
solely on a cuncelled check to substantiate a cash contribution of $250
or more.
                                                                              Disclosure by Charity of Receipt of
The substantiation must be '"contemporaneous." That is, it must be ob-        Quid Pro Quo Contribution
tained by the donor no later than the date the donor actually files a re-
turn for the tilx year in which the contribution was mude. If the return is
filed after the due date or extended due date. then the substantiation        Beginning January I. 1994, under new section 6115 of the Internal Rev-
must have been obtained by the due date or extended due date.                 enue Code, a charitable organization must provide a written disclosure
                                                                              statement to donors who make a payment, described as a "quid pro quo
The responsibility for obtaining this substantiation lies with the do-        contribution," in excess of $75. This requirement is separate from the
nor, who must request it from the charity. The charity is not required        written substantiation required for deductibility purposes us discussed
to record or report this infonnation to the IRS on behalf of donors.          above. While, in cenain circumstances, an organization may be able to
                                                                              meet both requirements with the same written document, an organiza-
The legislation provides that substantiation will not be required if, in      tion must be careful to satisfy the section 6115 written disclosure state-
accordance with regulations prescribed by the Secretary, the chmity           ment requirement in a timely manner because of the penalties involved.
reports directly to the IRS the infommtion required to be provided in the
written subst:mtiation. At pt'Csent. ,there are no regulations establishing   A quid pro quo contribution is a payment made partly as a contribution
procedures for direct reponing by charities to the IRS of charitable con-     and partly for goods or services provided to the donor by the charity. An
tributions made in 1994. Consequently, charities und donors should be         example of a quid pro quo contribution is where the donor gives a charN
prepared to provide/obtain the described substantiation for 1994 contri-      ity $100 in consideration for a concert ticket valued at $40. In this ex-
butions of $250 or more.                                                      ample. $60 would be deductible. Because the donor's payment (quid pro
                                                                              quo contribution) exceeds $75. the disclosure $t:\tement must be fur-
There is no prescribed fonnat for the written acknowledgement. For            nished, even though the deductible umount does not exceed $75.
example, letters. postcards or computer-generated fomis may be uccept-
able. The acknowledgement does not have to include the donor's social         Separate payments of$75 or less made at different times of the year for
security or tax identification number. It must, however, provide suffi-       separate fund-raising events will not be aggregated for purposes of the
cient iufonnation to substantiate the amount of the deductible contribu-      $75 threshold. However, the Service is authoflzed to develop anti-abuse
tion. The acknowledgement should note the amount of any cash contri-          rules to prevent avoidunce of this disclosure requirement in situations
bution. However, if the donation is in the fom1 of property, then the         such as the writing of multiple checks for the same transaction.
acknowledgement must describe, but need not value, such prope1ty.
V nluation of the donated property is the responsibility of the donor.             The required written disclosure statement must:
                                                                                   ( 1) infom1 the dono~ that the amount of the contribution that is de-
            ductible for federal income tax purposes is limited to the excess           the donor by 3:11 organization organized exclusively for religious
            of any money (and the value of any property other than money)              purposes, and must be of a type that generally is not sold in a
            contributed by the donor over the value of goods or services pro-.         commercial transaction outside the donative context. An ex-
            vided by the charity, and                                                  ample of an intangible religious benefit would be admission to a
      (2)   provide the donor with a good-faith estimate of the value of the           religious ceremony. The exception also generally applies to de
            goods or services that the donor received.                                 rninimis tangible benefits, such as wine, provided in connection
                                                                                       with a religious ceremony. The intangible religious benefit ex-
The charity must furnish the statement in connection with either the                   ception, however, does not apply to such items as payments for
solicitation or the receipt of the quid pro quo contribution. If the disclo-           tuition for education leading to a recognized degree, or for travel
sure statement is furnished in connection with a particular solicitation, it           services, or consumer goods.
is not necessary for the organization to provide another statement when
the associated contribution is actually received.                                A penalty is irriposed 0_11 charities that do not meet the disclosure re-
                                                                                 quirements. For failure to make the required disclosure in connection
The disclosure must be in writing and must be made in a manner that is           with a quid pro quo contribution of more than $75, there is a penalty of
reasonably likely to come to the attention of the donor. For example, a          $10 per contribution, not to exceed $5,000 per fundraising event or
disclosure in small print within a larger document" might IlOt :fll'eet this     mailing. The charity may avoid the penalty if it can show that the failure
requirement.                                                                     was due to reasonable cause.

     In the following three circumstmi'ces, the disclosure statement is not      Please note that the prevailing basic rule allowing donor deductions
     required.                                                                   only to the extent that the payment exceeds the fair market value of
                                                                                 the goods or services received in return still appJies generally to aJI
     ( l)   Where the only goods or services given to a donor ~eet the stan-     quid pro quo contributions. The $75 threshc.dd pertains only to the
            dards for "insubstantial value" set out in section 3.01, paragraph   obligation to disclose and the iniposition of the $10 per contribution
            2 of Rev. Rroc. 90-12, 1990-1 C.B. 471, as amplified by section      penalty, not the rule on deductibility of the payment,
            2.01 Of Rev. Proc. 92-49, 1992-1 C.B. 987 (or any updates or
            revisions thereof):
     (2)    Where there is no donative element involved in a particular
            transaction with a charity, such as in a typical museum gift shop                     Department of the Treasuiy
            sale.                                                                                 Internal Revenue Service
                                                                                                  Publication 1n1 (11-93)
     (3)    Where there is only an intangible religious benefit provided to                       Catalog Number 20054Q
            the donor. The intangible religious benefit must be provided to




Internal Revenue Service                                                                                                      Bulk Rate
                                                                                                                              Postage and Fees Paid
1111 Constitution Avenue, NW                                                                                                  IRS
                                                                                                                              Permit No. G-48
Washington, D.C. 20224
Date:        October 8, 2002
To:          Honorable Mayor and City Commissioners
From:        Department of Public Works
RE:          Consideration of Bids
             Removal of Underground Storage Tanks at Hackley Fire Barn


SUMMARY OF REQUEST:
The contract for the removal of underground fuel storage tanks at Hackley Avenue Fire
Barn be awarded to Michigan Consulting and Environmental since they were the lowest
(see bid tabulation) responsible bidder with a bid price of $13,693.14.

FINANCIAL IMPACT:
None
The demolition cost of $13,693.14 plus a 20% contingency for a total of $16,431.77. This has
been budgeted with the Capital Improvements Fund in the 2002 budget.

Construction Engineering has been handled under separate contract.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to Michigan Consulting and Environmental.



COMMITTEE RECOMMENDATION:
City of Muskegon - Hackley Avenue Fire Barn
Bid Tabulation for Removal of Underground Storage Tanks                                           XBid Opening September 19, 2002
                                                       Pitsch Companies                     Northern A-1 Services                  Rohr Gasoline Equip., Inc.          Michigan Consulting and Environmental
                                                      675 Richmond, N.W.                       1122 E. Barney                      8549 Centre Industrial Dr.                      P.O. Box 484.
                                                     Grand Rapids, Michigan                 Muskegon, Michigan                      Byron Center, Michigan                   Mount Pleasant, Michigan
                                                 Base Bid   Base Bid     Base Bid      Base Bid     Base Bid      Base Bid      Base Bid   Base Bid     Base Bid       Base Bid     Base Bid       Base Bid
                    Bid Item
                                                   Unit     Unit Price    Total          Unit       Unit Price     Total          Unit     Unit Price    Total           Unit       Unit Price      Total
Proiect Manaaement/ Supervision                     LS                     $250.00        LS                        $1,225.00     LS                      $2,000.00       LS                          $3,500.00

Mobilization/Demobilization,
Equipment, Personnel                                LS                     $750.00        LS                        $1,200.00     LS                       $500.00        LS                          $1 ,000.00


Purging, removal and Disposal                       LS                    $3,500.00       LS                         $475.00       LS                     $4,650.00       LS                          $2.638.14
of Contents of UST's


Excavation/Removal of UST's (and Piping)            LS                    $6,900.00       LS                        $3,200.00      LS                     $5,500.00       LS                          $2,000.00
(1) 15,000 Gallon Fiberglass Unleaded Gas
(1) 15,000 Gallon Fiberolass Diesel

Cleaning/Evacuation/Dismantlement of UST's          LS                     $500.00        LS                          $600.00      LS                     $1,500.00       LS                          $1 ,000.00
Dispensers and Related Pipina

Transporation of UST's, Disoensers, and Picina      LS                        $50.00      LS                          $720.00      LS                      $750.00        LS                            $500 .00


Disposal of UST's, Dispensers, and Piping           LS                        $50.00      LS                        $1,520.00      LS                     $3,500.00       LS                              $0.00
and anv Drummed Materials

Disposal of Ashalt/Concrete Debris                  LS                      $250.00       LS                          $165.00      LS                     $1 ,250.00      LS                            $500.00


Placement/Compaction of Backfill (250 CY's)         CY          $10.00     $2,500.00      CY             $13.59     $3,397.50     CY           $15.00     $3,750.00       CY               $7.20      $1 ,800 .00
and stone cover


Replacement/Toosoil/Grass seed (1,000 SF)           SF           $0.50      $500.00      SF               $1.46     $1,460.00     SF            $0.75      $750.00        SF              $0.755        $755.00

Total Base Bid                                                           $15,250.00                               $13,962.50                            $24,150.00                                  $13,693.14
                                                           CITY OF MUSKEGON

                                     AGREEMENT FOR SERVICES OR CONSTRUCTION
                                              Small and Limited Proiects

 THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon,
 Michigan, and Northern A-1 Senrices          ("Contractor"), of Muskegon, Michigan,
 for a small or limited project, and is made in the following terms:

                                                        Agreement and Performance

 Contractor agrees to perform and supply all the services and materials set forth in the Statement of
 Work attached to this agreement, ("Performance"). Contractor's performance shall be accomplished
 in good and workmanlike manner, to the satisfaction of the City. Performance shall be completed on
 or before 30 days from contract signing.



 Contractor will perform as set forth above for the complete contract price of$ 13 962 50

                                                         Conditions and Covenants

Contractor will comply with all laws, rules and regulations of the City, and any other local government
of the State of Michigan and the United States Government. Contractor will supply insurance as
required by separate written document, naming the City as an additional insured, if appropriate, and
shall carry such additional insurance coverage's as are required by the City. Contractor shall hold the
City harmless against any and all claims for damages or costs made against the City arising from
Contractor's performance, including all costs of defense, attorneys' fees, expenses and the amount of
any damage determined against the City.

Contractor certifies that it is eligible for performance of government work and has not been cited or
listed for failure to comply with Wage and Hour or prevailing wage regulations of the State of
Michigan or the Federal Government.

                                                       Termination and Cancellation

This contract may be terminated for failure to perform in accordance herewith, and Contractor shall
be liable for normal contractual remedies available to the City. In the event liquidated damages for
nonperformance age agreed to, the following amounts constitute liquidated damages:

          $    NiA             per day of nonperformance.

                                                       Nondiscrimination Compliance

Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the
City, State and Federal Governments including, but not limited to, the provisions of Executive Order
11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the Viet Nam Era and
for Handicapped Workers. If required by the City and appropriate for the services in this contract,


C:\M:y Documents\Agreement for Small projects A .doc
 Contractor shall comply with City oversight procedures. The provisions of all said policies, rules,
 executive orders and laws regarding nondiscrimination and affirmative action are available from the
 City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon,
 Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion.

 The parties agree to performance of this contract by signing below.         The effective date of this
 agreement is _______ , 20_

 Witnesses:                                                   rJ~d"t.(,J A-I 5erv:w
                                                      Contractor:

                                                      By   ~J-l~aJui



 L,,, d0t         l orff/'




C:\My Documents\Agreement for Small projects A .doc
                                                        Contract Between
                                                        City of Muskegon
                                                               And
                                                       Northern A-1 Services

                                                      STATEMENT OF WORK

 Your contract description (see sample below)
 Remove and dispose of two Underground storage tanks, piping and dispensers as described in the
 attached bid specifications.




                                                                    Initials:   /1).~ ..B
                                                                    Contractor:      Jo~k.~rJ A-I Y( J, le..S
                                                                           -Z::/ ~
                                                                    City:,~ · -~¼?-
                                                                        '(Your name) ~--




Contract for service and construction for small and limited projects. This form would generally be
used for projects under $20,000, informally bid or solicited, where no performance bond is being
required. Generally such projects will involve repair and maintenance, one-time services.




C:\My Documents\Agreement for Small projects A .doc
                                          BID SPECIFICATIONS
                                  FOR THE REMOVAL AND DISPOSAL OF
I                                UNDERGROUND STORAGE TANK.SYSTEM
                       CITY OF MUSKEGON, DEPARTMENT OF PUBLIC WORKS (OWNER)
                                     HACKLEY A VENUE FIRE BARN
I                                     906 WEST HACKLEY AVENUE
                                         MUSKEGON, MICIDGAN


I   The Contractor shall furnish all supervision, labor, materials, tools, equipment, and transportation facilities
    necessary to perform removal of two (2) underground storage tanks (US T's) and associated product line piping,
    fill piping, vent piping, dispensers and related work at the Owner's Hackley Avenue Fire Barn (Site) located at
[   906 West Hackley Avenue, Muskegon, Michigan (see Figure #1- Site Location Map). The location of the UST
    system, system layout and detail is shown on Figure #2 - Site Plan with UST Piping and Dispenser Locations.
    The Site Plans are provided in Appendix A.

    Work shall be as specified herein and indicated on Figure #2.

    General

     l.     The materials and methods for the work specified herein and indicated on Figure #2 shall be in
            accordance with current local, State, and Federal regulations for the type of work involved and those
            specifically stated herein.

    2.     The Consultant (Superior Environmental Corp.) will perform project supervision and site assessment
I          sampling during the UST removal activities to assure that the construction activities and site assessment
           sampling is acceptable to the Owner.

    Scope of Work

    l.     The Contractor shall remove and dispose of designated dispensers, piping and tanks. The Contractor
I          shall salvage all in-tank equipment (piping, submersible pumps, leak detection components, cathodic
           wiring, etc.) and aboveground equipment (dispensers, card reader, fill pipe, vent pipe, fill covers, etc.).
           Salvaged items shall be placed on the Site where designated at the time ofremoval, for subsequent

I          disposal by the Contractor.

    2.     The Contractor shall excavate and remove the following existing UST's: One (1) 15,000 gallon

I          fiberglass diesel fuel UST and one (1) 15,000 gallon unleaded gasoline UST. The Contractor shall
           arrange for the removal and proper disposal of the residual diesel and gasoline contents from the UST's
           and piping. Contractor shall place residual tank bottom waste, solids and sludge's into Contractor-

I          provided containers (55 gallon steel drums) for later disposal by the Contractor. The Contractor shall
           demolish, remove and disposal of the concrete slab located over the UST's. The Contractor shall then
           excavate and remove the UST's, fill piping, the vent piping, and the below ground product piping of the
           UST systems as designated by the Owner.
I   3.     The Owner assumes that there is no release from the UST's, therefore the soil from the UST excavation
           is assumed to be non-impacted, and   willbe stockpiled for later use as backfill. The soil near the fill
           pipes, vent pipes, and the below ground product piping of the UST systems are assumed to be non-
           impacted. The Contractor shall excavate and stockpile the designated soil, and remove and dispose of
           the miscellaneous debris as indicated on Figure #2.
     Page 6, City of Muskegon, Hackley Ave. Fire Barn, Project Number GR2408.00, August 29, 2002



     4.     The Contractor shall backfill the UST excavations and piping excavation areas with environmentally
            clean granular fill. The Contractor shall backfill the excavations, first with stockpiled non-impacted soil,
            and the remaining excavation volume with environmentally clean granular fill as specified herein, and
            complete related work as shown on Figure #2. Backfill placed in the excavations shall be compacted to
            a minimum of95% compaction as specified herein. The Contractor shall complete related work as
            specified herein. The Contactor shall provide compaction-testing services with the results forwarded to
            the Consultant at the completion of the work activities. The Contractor shall provide to the compaction-
            testing service a proctor of the clean granular fill to be used, prior to the start of work activities.

 5.        The Contractor shall be responsible for notifying MISS DIG at least one (1) week prior to the start of the
           work activities to have the site staked for underground utilities. The Contractor shall also protect all
           existing utilities near the excavation areas designated on Figure #2. If it is necessary to remove utilities
           to complete the required work, to do so only after rerouting them. It is the Contractors responsibility to
           repair or replace any damaged utilities after excavation and work activities are completed.

 Schedule of Work

 1.        The Contractor will be required to submit a work schedule or sequence to the Consultant and the Owner
           to plan the work activities and oversight staffing accordingly.

2.         It is expected that once the work has started, the Contractor shall continue working until all the work is
           completed, and all work will be completed in accordance with the schedule and/or sequence.

Existing Utilities

1.         Prior to beginning excavation, the Contractor shall verify the locations of the existing utilities identified
           on Figure #2.

2.         The Contractor shall protect all existing utilities near the excavation areas designated on Figure #2.
           Replace damaged utilities after excavation activities are completed as specified below.

3.         If it is found necessary to remove and replace the existing utilities in the excavation areas, all work shall
           be performed in accordance with the appropriate Sections 5.13.01 through 5.13.12 of the Michigan
           Department of Transportation (MDOT) 1990 Standard Specifications for Construction.

4.         Utility excavation and backfilling shall be performed in accordance with Sections 5.13.03 and 5.13.08 of
           the MDOT 1990 Standard Specifications for Construction.

5.        During site activities, care should be taken to protect any adjacent building(s) or structures.

Tank Contents

1.        Residual tank and associated piping contents, including rinse by-products, shall be removed and
          disposed ofby the Contractor. The Contractor shall place residual tank bottom waste, solids and sludge's
          into Contractor-provided containers (55 gallon steel drums) for later disposal by the Contractor. The
          Owner and/or Consultant shall be available to sign all required manifests documenting the disposal of
          the materials.
     Page 7, City of Muskegon, Hackley Ave. Fire Barn, Project Number GR2408.00, August 29, 2002


0    Excavation/UST Removal

     1.         The Contractor shall be responsible for locating UST's and piping, obtaining all field measurements,
                setting of stakes for grade and verifying to their satisfaction the existing grades and dimensions indicated
                on Figure #2. The Contractor shall verify grades with the Owner prior to starting excavation.

     2.         During excavation procedures and UST removals, the Contractor's employees shall wear and use
                appropriate protective clothing and equipment in accordance with Federal, State, and local laws and
                regulations.
g    3.         The Contractor shall immediately notify the Consultant and/or Owner of unexpected subsurface
                conditions and discontinue work in the affected area until notified by the Consultant and/or Owner to
                resume work.

     4.         Excavations shall be sufficiently wide to enable observation of the excavation and collection of soil
g               samples by the Consultant for testing.

     5.         Maximum excavation limits shall be as indicated on Figure #2. The excavation limits may be reduced if
                field conditions warrant a smaller excavation.

     6.         For the existing UST's and related piping, excavate non-impacted soil only to the extent necessary to
                remove the UST's and piping, and stockpile soils for later backfilling.

     7.     The Consultant shall have responsibility to provide all required notifications to the MDEQ-STD and/or
            local agencies.

     8.     The Contractor shall make appropriate safe side slopes during excavation to comply with existing
            MI OSHA regulations.
I    9.     The Contractor shall excavate and remove the fill piping, spill containers, vent piping, and product
            piping associated with the UST systems.

I:   JO.    The excavated tanks shall be removed and properly disposed of off the Owner's Site. The Contractor
            shall scrap the tanks and state on a Contractor-provided document the final disposition of the tanks. The
            Contractor shall purge, decontaminate, and cut up the tanks on-site, in accordance with State and Federal
            regulations.

     11.    The existing piping runs and fill pipes must be removed with care, so that all underground piping can be
            inspected before removal from the ground.

     Ground Water

     1.     It is anticipated that ground water will not be encountered during the tank removal activities.

     Backfill

     1.     Excavate and remove UST systems and related piping, and then backfill excavation(s) with stockpiled
            non-impacted soil and environmentally clean granular fill, after site assessment samples have been
            collected, and backfill as authorized by the Consultant.
g    Page 8, City of Muskegon, Hackley Ave. Fire Barn, Project Number GR2408.00, August 29, 2002


     2.     The Contractor shall backfill the tank excavations to the limits indicated on Figure #2, or specified
            herein.

     3.     All backfill material required to bring the sub grade to the proper elevations shall meet the requirements
            of the following paragraphs and placed in maximum twelve (12) inch compacted layers.

     4.     The Contractor shall compact the sub grade to a minimum of 95% of the maximum dry density as
            determined by on-site compaction testing (Modified Proctor Test• Michigan Cone). Contractor shall
            provide for compaction testing during the backfilling activities and provide the compaction testing
I           results to the Consultant upon completion of the work.

    5.      Backfill obtained from an off-site source shall consist of environmentally clean granular fill material
            meeting the gradation requirements of Class II MDOT 1990 Standard Specifications for Construction,
            Section 8.02, and placed in accordance with Section 2.11.

    6.      The backfill shall be free of topsoil or other debris.

    7.      Compaction shall he accomplished by any satisfactory method or methods that will obtain the required
            density.

    8.      All adjustments of elevation of adjacent surfaces shall be included as part of the backfill.

    9.      Contractor shall provide a six-inch (minimum) layer of 22A stone, gravel or crushed limestone (or other
            MDOT equivalent) to finish off the surface of the excavation areas within the driveway and parking
            areas and/or in areas as directed by the Consultant and Owner.

    10.    Topsoil, grass seed and mulch will be provided and applied by the Contractor over the areas where the
           existing turf has been removed or damaged. The Contractor shall ensure that the new turf is established
           and shall warranty the growth of the new turf for one year following the completion of the work.

    Health and Safety

    l.     Contractor shall provide a copy of the Contractor's Health and Safety Plan (site specific) to the
           Consultant for review at least two weeks prior to the start of work activities. Contractor will also certify
           compliance with all provisions and requirements in 29 CFR 1910.120. Contractor will provide a copy of
           Contractor's Drug/Alcohol Free Workplace Policy to the Consultant.

    2.     Due to the nature of Site operations, no smoking will be permitted in the work areas.

    Miscellaneous

    1.     The Contractor shall schedule and coordinate the work activities with the Owner and the Consultant.

    2.     All work shall be performed in an expedient manner to prevent delays.

    3.     The Contractor shall provide and maintain all required signs, barricades, and other safety devices
           required to direct traffic and to prevent accidents.

    4.     The Contractor shall exercise extreme care to prevent damage to existing utilities and facilities not
           designated to be removed.
 I     Page 9, City of Muskegon, Hackley Ave. Fire Barn, Project Number GR2408.00, August 29, 2002


I      5.     The Contractor shall be responsible for any cost or expenses associated with the damage of existing
              utilities and facilities caused by their carelessness.
I      6.     At the close of the job, the Contractor shall remove all debris created by them during the course of the
              work, and shall leave the job site clean and clear to the satisfaction of the Consultant and Owner.
I      Codes and Permits


I      1.     All work shall comply with all requirements of all legally constituted authorities having jurisdiction over
              any part of the work. Code requirements supplement these specifications and shall take precedence in
              case of conflict.

I      2.     The Contractor shall obtain all required permits for the work, and pay all fees for said permits.


I      3.     The Contractor shall arrange all required inspections, and pay all inspection fees for the project as
              required by authorities having jurisdiction. The Contractor shall provide the Owner documentation
              indicating compliance with this requirement.

I
I
I
I
I
I
I
I
I
I
I
1111
Ill
~-
 I




 ~
-lDI
 I
[II

-
-                                                        FIGURE 1



•
                                                         SITE LOCATION
                                                         WITH LOCAL TOPOGRAPHY



•
                                                         960 WEST HACKLEY AVE
                                                         Section: 36,
                QUADRANGLE LOCATION                      Town: 10 North, Range: 17 West,




-II
                                                         City of Muskegon,
                                                         Muskegon County, Michigan



            0       2000 feet     4000
                                                                      ~erfor
       Adapted from 7.5 minute topographic quadrangle:                    ENVIRONMENTAL CORP
       tvl11ske,non West. 1980.
FAX
Grand Rapids Office
                                                                                                                            112 8 Franklin Street
                                                                                                                              Mame, MI 49435
                                                                                                                           Phone: 616-667-4000
                                                                                                                             Fax: 616-667-3666

 Date:      9/12/02                                                      Project #:GR2408.00
 To:        Perry Sietsema                                               Company: Rohr Gasoline Equipment
 Fax#: 616-722-4188                                                      From:          Gregg Gallagher
 Number of pages:           (including cover)   1

 Remarks:

Re: Hackley Ave. Fire Barn Project/Addenda #2

Perry: As discussed during the pre-bid meeting of 9/10/02, this fax shall serve as Addenda #2 to the
Proposal/Bid Specifications for the above referenced project. The following information shall be included
as part of your bid;

       1. Upon entering into a contact with the City of Muskegon (City), the winning Contractor shall
          provide the City with a Certificate of Liability Insurance naming the City as a Certificate Holder or
          "additional insured". The Contractor's Ce1tificate of Liability Insurance shall provide the
          coverage's required by the City as indicated in Addendum #1 as well as Contractor Pollution
          Liability insurance with minimum limits of$1,000,000.00 per claim and $1,000,000.00 aggregate.
          Failure to provide the City with the required insurance coverage's shall result in the Contractor
          being disqualified and the work awarded to the next valid bidder.

     2. The bid due date time has been changed from 5:00 pm, September 19, 2002 to 2:00 pm,
        September 19, 2002. Any bids received after this time will be disqualified and returned unopened.

Please acknowledge receipt of this addenda on the space indicated on the Proposal Form PF-!.

Please contact me at (616) 667-3620 with any questions you may have.

Thanks Gregg Gallagher

                                                    DRAFT

CONFIDENTIALITY NOTICE: The documents accompanying this fax transmission contain confidential information, belonging to the
Sender, which is legally privileged. The information is intended only for the use of the individual or entity referenced above. If you are not
the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents
of this faxed information is strictly prohibited. If you have received this fax in error, please, immediately notify us at the above toll-free
number to arrange for the return of the original document to us.
                                                                                                                             superior®
                                                                                                     ~ ~ ~ ~ ~ ~ ~ \ J . - . . , ' - - . A . A ...AJV\..A.,~
                                                                                                                             ENVIRONMENTAL CORP
                                    ADDENDUM 1

1.   INSURANCE AND INDEMNITY

          a.    Hold Harmless Agreements.        To the fullest extent permitted by law,
               Contractor and Subcontractors agree to defend, pay in behalf of, indemnify,
               and hold harmless the City of Muskegon, their elected and appointed
               officials, employees, volunteers, and others working on behalf of the CITY
               OF MUSKEGON against any and all claims, demands, suits, or loss,
               including all costs connected therewith, and for any damages which may be
               asserted, claimed or recovered against or from the CITY OF MUSKEGON and
               their elected and appointed officials, employees, volunteers, or others
               working on behalf of the CITY OF MUSKEGON by reason of personal injury,
               including bodily injury and death, property damage, including loss of use
               thereof, and/or the effects of or release of toxic and/or hazardous material
               which arises out of or is any way connected or associated with this contract.
               The obligation to defend and hold harmless extends to Contractor's
               employees, agents, subcontractors, assigns and successors.


          b.   Contractor Insurance Requirement.   Contractor and Subcontractors shall
               not commence work under this contract until obtaining the insurance
               required under this paragraph. All coverages shall be with insurance
               companies licensed and admitted to do business in the State of Michigan
               and Best Rated A VIII. All coverage shall be with insurance carriers
               acceptable to the CITY OF MUSKEGON.                                  '

         c.    Workers' Compensation Insurance.         The Contractor and Subcontractor
               shall procure and maintain during the life of this contract, Workers'
               Compensation Insurance, including Employers Liability Coverage, in
               accordance with all applicable Statutes of the State of Michigan.

         d.    Commercial General Liability Insurance. The Contractor shall procure and
               maintain during the life of this contract, commercial general Liability
               Insurance on an "Occurrence Basis" with limits of liability not less than
               $500,000 per occurrence and/or aggregate combined single limit. Personal
               Injury, Bodily Injury and Property Damage coverages shall be included.
               Coverage shall also include the following extensions:       (A) Contractual
               Liability; (B) Products and Completed Operations;          (C) lndepende~t
               Contractors Coverage; (D) Broad Form Liability Extensions or equivalent;
               (E) Deletion of all explosion, collapse and underground (SCU) exclusions\ if
               applicable. The said insurance shall cover liability caused by the activities
               of any subcontractor.                                                    : ·:

         e.    Motor Vehicle Liability. The Contractor shall procure and maintain during
               the life of this contract Motor Vehicle Liability Insurance, including Michigan
               No-Fault Coverages, with limits of liability for third party claims of not less
               than $500,000 per occurrence or combined single limit Bodily Injury and
               Property Damage. Coverage shall include all owned vehicles, all non-owned
               vehicles and all hired vehicles. The said insurance shall cover liability
               caused by the activities of any subcontractor.
INSURANCE AND INDEMNITY - continued


      f.    Additional Insured.      Commercial General Liability and Motor Vehicle
            Liability Insurance, as described above, shall include an endorsement
            stating the following shall be "Additional Insureds" using the following
            language: "The CITY OF MUSKEGON and all elected and appointed officials,
            all employees and volunteers, all boards, commissions and/or authorities
            and board members, including employees and volunteers thereof are hereby
            added as 'Additional Insureds"'.

      g.   Cancellation Notice.      Workers' Compensation Insurance, Commercial
           General Liability Insurance and Motor Vehicle Liability Insurance, as
           described above, shall include an endorsement stating the following: "It is
           understood and agreed that Thirty (30) days Advance Written Notice of
           Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent
           to: CITY OF MUSKEGON ENGINEERING DEPARTMENT".

h.         Owner's and Contractor's Protective Liability.              The Contractor shall
           procure and maintain during the life of this contract Owner's and
           Contractor's Protective Liability with limits of liability not less than $500,900
           per occurrence and/or aggregate, combined single limit. Personal injury,
           Bodily injury and Property Damage coverages shall be included. The CITY
           OF MUSKEGON shall be "Named Insured" on this coverage. Thirty (30) days
           notice of cancellation to the CITY OF MUSKEGON shall be required. Said
           insurance shall cover liability caused by the activities of any
           subcontractor(s) either by means of a rider attached to the Prime
           Contractor's Certificate of Insurance indicating this coverage for
           subcontractors; or the subcontractor(s) shall submit their own Certificate of
           Insurance.

     i.    Proof of Insurance Coverage.        The Contractor and Subcontractors shall
           provide the CITY OF MUSKEGON at the time the contracts are returned by
           him for execution, certificates and policies endorsing the City of Muskegon
           as additional insured as listed below:

                   (1.)   Two (2) copies of Certificate of Insurance for Workers'
                          Compensation Insurance;

                   (2.)   Two (2) copies of Certificate of Insurance for Commercial
                                                                               !
                          General Liability Insurance;

                   (3.)   Two (2) copies of Certificate of Insurance for Vehicle Liability
                          Insurance;

                   (4.)   Original Policy, or original Binder pending issuance of policy,
                          for Owner's and Contractor's Protective Liability Insurance;

                   (5.)   If so requested, Certified Copies of all policies mentioned
                          above will be furnished.                                 ' '

     j.    If   any of the above coverages expire during the term of this
                   contract,theContractor and Subcontractors shall deliver renewal
                   certificates and/or policies to CITY OF MUSKEGON at least ten (10)
                   days prior to the expiration date.
BID BOND

           A bid bond amounting to 5% of the bid price, by certifies check shall be
           included with each proposal. Unsuccessful bidders will have bonds returned
           with bid results.

PROJECT COMPLETION

           It is anticipated that this project will be completed by November 29, 2002.
                 Commission Meeting Date: October 8, 2002




Date:         September 30, 2002
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development            ufbu
RE:           Public Hearing for Resolution for Development District On-
              Premise Liquor License for Peter C. Johnson


SUMMARY OF REQUEST:

To hold a public hearing on the request for a Development District On-Premise Liquor
License for Peter C. Johnson and approve the attached resolution. The request is
necessary due to a lack of available liquor licenses in the City of Muskegon. The
Liquor Control Code allows for additional liquor licenses within Downtown Development
Authority Districts under certain conditions.

FINANCIAL IMPACT:

Approval of the liquor license will allow for a new restaurant in the downtown area of
Muskegon, which will ultimately result in increased revenue for the City.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

To hold a public hearing and approve the attached resolution.

COMMITTEE RECOMMENDATION:

The Downtown Development Authority approved the request at their special meeting
on September 30, 2002,




9/30/2002
                 Commission Meeting Date: October 8, 2002




Date:         September 30, 2002
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development            (,)bu
RE:           Public Hearing for Resolution for Development District On-
              Premise Liquor License for Peter C. Johnson


SUMMARY OF REQUEST:

To hold a public hearing on the request for a Development District On-Premise Liquor
License for Peter C. Johnson and approve the attached resolution. The request is
necessary due to a lack of available liquor licenses in the City of Muskegon. The
Liquor Control Code allows for additional liquor licenses within Downtown Development
Authority Districts under certain conditions.

FINANCIAL IMPACT:

Approval of the liquor license will allow for a new restaurant in the downtown area of
Muskegon, which will ultimately result in increased revenue for the City.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

To hold a public hearing and approve the attached resolution.

COMMITTEE RECOMMENDATION:

The Downtown Development Authority approved the request at their special meeting
on September 30, 2002,




9/30/2002
                                     CITY OF MUSKEGON
                                 MUSKEGON COUNTY, MICIDGAN

                                       RESOLUTION NO. 2002-113 (a)


        A resohition concerning the issuance of a Development District On-Premise Liquor License
.. ..., pursuant to Sections 521 of the Liquor Control Code of 1998.

     The City Commission of the City of Muskegon hereby RESOLVES:

                                                  Recitals

     1.     Peter Johnson has applied for a Development District On-Premise Liquor License for the
            premises at 441 W. Weste      venue, formerly known as the Brunswick Building.

     2.                                 o      Development Authority and the City Commission
                                            · ense before application may be made to the Michigan


     3.                              tember 30, 2002, at a special meeting of the DDA, and the said
            hearing was publicl n · ed in The Muskegon Chronicle, and mailed to the
            neighborhood ass ci i n involved, as well as the applicant. Public notice was
            dete1mined by the     to be sufficient.

    4.                           ctober 8, 2002, at the regular meeting of the City Commission.
           Notice              and deemed tI factory. ·



    The DDA found the following facts to be true, based upon the application and the materials
    placed before the DDA in the public hearing:

    1.     The business.§hail be a full service restaurant, which prepares food on the premises, and
          /hall be open to the public.

    2.     The business will be open for food service not less than ten (10) hours per day five (5)
           days per week.

    3.     At least 50% of the gross receipts of the business will be derived from the sale of food for
           consumption on the premises. "Food" does not include beer or wine.

    4.     The business has dining facilities that will seat more than twenty-five (25) persons.

    5.     The business is located in the Downtown Development Authority's Development
           District, which has a population ofless than 50,000. The District is duly established
           under 1975 PA .197.
                           ··,
                                                                                2002:.113(a)

6.      The DDA, after hearing, has found that the issuance of the license will prevent further
        deterioration within the Development District and will promote economic growth within
        the Development District.

7.     It appears, based upon the showings at the hearing, that the City of Muskegon has issued
       all appropriate on-premise licenses that are available under Section 531(1) of the Liquor
       Control Code of 1998. Further, the DDA is satisfied, after hearing, that an appropriate
       on-premise escrowed license is not readily available in the City of Muskegon, where the
       entire De_v elopment District is located. The DDA has found that such license is not
       readily available, taking into account all appropriate economic feasibility factors,
       including the fair market value of any such license, which is not determinable, for the
       reason that no such license is available after diligent inquiry by the applicant. Further,
       the DDA has considered the size and scope of the proposed operation and applicant's
       efforts to purchase a license. No sale of any such license has been offered or available.

8.     The DDA, after public hearing, held aftel ~otice on September 30, 2002, has approved
       the issuance of the said Development Di trict On-Premise license.

NOW, THEREFORE, THE CITY COMMISSI N RESOLVES:

       The City Commission has reviewed th findings o                            wn hearing,
       and concurs with the findings of the D wnto     evelopment Authority, a d approved in
       concunence with the Authority that the · ense should be issued to the appl cant at 441
       W. Western A venue, the premises formerly known as the Brunswick Build ng. The City
       Commission recommends to the Liquor Control Commission the issuance f the said
       requested license.

This resolution passed.


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


Nays    None

                                                           CITY OF MUSKEGON


                                                           By     l)cw_ f2 ~L,_J"' ,
                                                           Gail A. Kundinger, MMC
                                                           City Clerk
                                       CE    IFICATE

       This resolution was adopted at a eeting of the City Commission, held on October 8,
2002. The meeting was properly held d noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Pu ic Acts of 1976.

                                                         CITY OF MUSKEGON



                                                         ~:ilk~is~,,~ il
                                                             Clerk



                                                                                            .·,r:..
                              CITY OF MUSKEGON
                       DOWNTOWN DEVELOPMENT AUTHORITY
                          MUSKEGON COUNTY, MICIDGAN

                                  RESOLUT, ON NO.
                                                        ---

A resolution approving the issuance b the Liquor Control Commission of a Downtown
Development On-Premise Liquor L · ense to Peter Johnson pursuant to Sections 521 of the
Liquor Control Code of 1998.

The DDA hereby RESOLVES:

                                             Recitals

1.     Peter Johnson has appl' d for a Class C license for the premises at 441 W. Western
       A venue, formerly kno n as the Brunswick Building.

2.     It is required that the Downtown Development Authorit      d the City Commission
       approve the issuance of such license before application ma be made to the Michigan
       Liquor Control Commission.

3.     A hearing was held on September 30, 2002, at a special m eting of the DDA, and the said
       hearing was publicly noticed in The Muskegon Chronicle and mailed to the
       neighborhood association involved, as well as the applic t. Public notice was
       determined by the DDA to be sufficient.

                                            Findings

The DDA finds the following facts to be true, based upon t e application and the materials
placed before the DDA in the public hearing:

1.     The business shall be a full service restaurant, w ch prepares food on the premises, and
       shall be open to the public.

2.     The business will be open for food service not le s than ten (10) hours per day five (5)
       days per week.

3.     At least 50% of the gross receipts of the business
       consumption on the premises. "Food" does not inclu         er and wine.

4.     The business has dining facilities and will seat more than twenty-five (25) persons.

5.    · The business is located in the Downtown Development Authority' s Development
        District, which has a population less than 50,000. The District is duly established under
        1975 PA 197.                          .
6.       The DDA, after hearing, has found that the issuance of the license will prevent further
         deterioration within the Development District and will promote economic growth within
         the Development District.

7.       It appears, based upon the showings at e hearing, that the City of Muskegon has issued
         all appropriate on-premise licenses tha are available under Section 531 ( 1) of the Liquor
         Control Code of 1998. Further, the D A is satisfied, after hearing, that an appropriate
         on-premise escrowed license is not r adily available in the City of Muskegon, where the
         entire Development District is loca ed. The DDA has found that such license is not
         readily available taking into acco t all appropriate economic feasibility factors,
         including the fair market value o any such license, which is not determinable for the
         reason that no such license is av Hable after diligent inquiry by the applicant. Further,
         the DDA has considered the siz and scope of the proposed operation and the applicant's
         efforts to purchase a license. N sale of any such license has been offered or available.

NOW, THEREFORE, THE DDA HERE

1.       That the applicant, Peter Johnson, has presented at public he     before the DDA
         substantial evidence supporting the above findings.

2.      The DDA, therefore, approves the issuance of a Development Di trict On-Premise Liquor
        License pursuant to Section 521 of the Liquor Control Code of 1 98 to Peter Johnson at
        the specific location of 441 W. Western Avenue, Muskegon, M" higan, formerly known
        as the Brunswick Building.

This resolution passed.

Ayes     B. Bifoss        E. Fethke       K. Cier ial                      R-.;: Ta lor,    T)


     D. Medendorp, K. Jackson, . M. Plichta,                               B. Mazade.


Nays     None.
                                      CERTIFICATE

       This resolution was adopted at a meeting of the ~ 4 ntown Development Authority, held
on September 30, 2002, after public hearing. The meet~"~as properly held and noticed
pursuant to public notice and held in accordance with t e Open Meetings Act of the State of
Michigan Act 267 of the Public Acts of 1976.

                                                    MUSKEGON
                                                    WN DEVELOPMENT AUTHORITY



                                                                                   Secretary
                                                                                        <··,'.:.'_.-·,.




      :,11.,Jit"rtieMf~i:.i~d8 H~AA1~&f;··
      !'i":ilil!i!,©iit'i"oi" Mli'kMoN' .. . ,
                                                       STATE OF MICHIGAN
                                                        County of Muskegon               ss.

              ·. t~hl':ci!"l:iiij1J@iflic/1fJsit
      ·:f.,1;tAM        ~t~~t~~~?~:·i'6i1. . .• .
                                                1
                                                 ·•
                                                       ------=G,.,a,._,.rr Ostrom                              being duly sworn deposes
       f,J~i.t~fNiiJi~.~i~RTL .
      ,;,;THE BRUNSWICKBUILDING .
                                                       and says that he is the Publisher of the MUSKEGON CHRONICLE, a
       c·•'"'!>1.l w, Wl'!$fei'1NAVENLiE'/: ,··        newspaper printed and circulated within said County of Muskegon; that the
       tro All 11¢r~RES~o ptRSoNs .
       iNTRfiolt\foF MIJSKEG•N::.'                     annexed notice was           printed ~nd , published in said MUSKEGON
      .•. PLEASE TAKE HoflcE that two .
        Jiub)ic' ~eatiags, are ,sthedule«.•to'         CHRONI                       u                                          ,is to say, on
       ,det~rip\Hii. \,'i~ethJt; .\he ; ¢ify !it       the    Cl'f, IJUA <   day(sl    · CJ !;;;f II'. UIJ<J K.(UIJ 200 .-'and         J
      :r~~llii\ff
      ·• i&l
                 l~!ijit1~~ii!~l1.
             i>rerniS!!§) lltjlior' nM~~ .for. a
                                                                                          I     I
                                                       the _ _ _ _ _ _ _ _ _ day(sl of _ _ _ _ _ _ _ _ _ 200_, and

                                                       that said publication was continued during said time without any
       lesfaUranU6 be 166~\ed at ihe i6r, . .
        rnerBiiJnsWicii Buiidi~/j a!ihe ajjplie ·      intermission or omission, and that he has a personal knowledge of the facts
        ~ddisk in ihe dify tii Muskegoh .
       .The ~eiaiin~sJr.i s/:h~dui~it: · · ...·.       above set forth.
        ' Betel~ tn~ boWnioW~ D~l6 nlenl.
        Authotft)'.on.~~/,ieriib~iaii, 2go2 at
       ~ p,rn. irl i~sJJ6ril;ifilrjcs.iioqm 11J:i,
      f/vluilfie1/~ri tlfy Han;.·. ilss tlirracii
      Ci'llr~i1,Muskegoh, Jv\149440. ·· • .· ·
                                                                                    /-6i4G<~~
       ltcity
          &~ot:;~~i ~t~~(:tI;t!~?tR i~:•
              ::comirilssiMf .. chambers, ·
       J,,11ls!i~g6/i pliy Haili' g33 Terrace ·
        s~~I, MGsRl,/idri, Mi 49440: .. •, ·
        .Afiy coinin@hts may be made atthe .
                                                       of    .
                                                              ~ f' 'Efi,_
                                                                 ,  ..
                                                                           r
                                                                       {J,1.Li:£ Jt
                                                                                        ~rm•              m• '"",
                                                                                                  ,r)'\.D. 200
                                                                                                               \
                                                                                                                      qi 3A.t:l                 d ay
                                                                                                                                                       , ...



        hearing or by mail. receiv~d pnodo ,
       .Iii~ iiJafii/9\ t'\ ; ,T:'i · . · · ·
        PUBLl!,H: $eµlem~i       2:i, 2602                                                  Notary Public, Muskegon County, Mich.
."!

       Printer's fees:                        "nches             times,$                                              IAlffll! 8QWJ1
                                                                                                           ll6'ffl#'P11119$&U
                                                                                                                    ,           - J&Moo,; Ill
                                                                                                           l # f ~ l!XP!Re!Jmi f7, -
                                                                      749 Moulton Ave.
                                                                      N. Muskegon, MI.
                                                                      49445




PCJ Enterprises, LLC
September 20, 2002


To whom it may concern,

The purpose of this letter is to inform the Downtown Development Authority (DDA) and
subsequently, the City of Muskegon, that I will be making a presentation to request a State
of Michigan issued DDA liquor license.

The liquor license is being requested for the property located at 441 W. Western Ave.
formerly known as the Brunswick Bowling Lanes. PCJ Enterprises, LLC acquired clear title
and ownership to the above mentioned property in late August of 2002 and is planning to
redevelop the property into a large entertainment based venue in the next nine to eighteen
months.

In order for the Michigan Liquor Control Commission to implement the licensing
investigation process, compiled laws, conditions, and documents must be reviewed and
received by the DDA.

All the details on these laws and conditions will be discussed at the next scheduled DDA
meeting. I am looking forward to meeting with you and discussing this exciting project for
downtown Muskegon.



Sincerely,
Peter C. Johnson




President
                                                                        --
                                                                        --
                                                                        -
                                                                                 """

                                                           community foundation
                                                              Muskegon County
 425 W. Western Ave.

             Suite 200

       Muskegon, MI
                            September 23, 2002
          49440.1101

    Ph. 231.722.4538

    Fax 231.722.4616        Liquor Control Commission
                            7150 Harris Drive
       info@cffinc.org
                            Lansing, MI 48909
       www.cffmc.org
                            Dear Sir or Madam:
Board.of Trustees

      James M. Sheridan     Re: Support for PCJ Enterprises Application
                   Chair

Michael H. Bozym, Ph.D.     On behalf of the Community Foundation/or Muskegon County and the
              Vice Cbair
                            Frauenthal Center for the Performing Arts, I write to support the approval of a
      Pa1ricia B. Johnson   Development District On-Premises Liquor License to PCJ Enterprises for use in
              Vice Cbair
                            the former Brunswick Bowling Alley on W. Western A venue. Peter Johnson and
     Scott A. Musselman     his business partner Roby Thrasher now are neighbors of our facility.
               Treasurer

      Chris A. McGuigan
      President/Secretmy    Their plans for a new use in the Brunswick facility will greatly enhance this
                            district's efforts to become tM_arts and entertainment venue for the community.
         Tim Achterhoff
                            We strongly support the approval of this application for a Development District
  B. Dennis Albrechtsen     On-Premises Liquor License through the City's Downtown Development
          David C. Bliss    Authority.
         Lowell B. Dana
                            Sincerely,
    . Barbara L. DeBruyn

         Holly J. Hughes

     Donald L. Huizenga

      Michael K. Olthoff    Chris A. McGuigan
                            President
Hon. Gregory C. Pittman

  Rev. Charles W. Poole     \\cfmc0 l \data\executive office\correspondence\support letters\20021iquorlicense.doc

           Bruce C. Rice

Wm. Schroeder, Jr. Ph.D.

         B.C. Thompson

         Peter M. Turner

          Sue Wierenga

        Judith L. Wilcox

         John Workman


                                                               For good. For eveir.-
 Affirmative Action
 (231 )724-6703'
 FAX: (231)722al214

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

 Cemetery Department
 (231)724-6703
 FAX: (231)726-5617

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

 Civil Service            September 24, 2002
 (231)724-6716
 FAX: {231)724-4405

 Clerk
 (231)724-6705
 FAX: (231)724-4178      Ms. Lisa Shannahan
 Community and           Michigan Liquor Control Commission
   Neigh. Services       7150 Harris Drive
 (231)724-6717
 FAX: (231)726-2501      P.O. Box 30005
 Computer Info.
                         Lansing, MI 48909-7505
  Systems
 {231)724-6744
 FAX: (231)722-4301      Dear Ms. Shannahan:
 Engineering Dept,
 (231)724-6707           As you may know, anew restaurant is in the planning process on Western Avenue in the
 FAX: (231)727-6904
                         former Brunswick Building in the city of Muskegon. Mr. Peter Johnson, the new owner
 Finance Dept.           of the property plans constmction of a restaurant and entertainment venue in the building.
(231)724-6713
FAX: (231)724-6768
                         He will be submitting an application for a Development District On-Premise Liquor
                         License.
Fire Department
(231)724-6792
FAX: (231)724-6985       As Mayor of Muskegon, I want to add my full endorsement to Mr. Johnson's application.
Income Tall:             The opening of this restaurant will serve as a catalyst for further development in
(231)724-6770
FAX: (231)724-6768
                         downtown Muskegon. The building in which the restaurant will be developed is in a
                         former bowling lanes located in the heart of our newly emerging entertainment district,
Inspection Services
(231)724-6715
                         which will be a showcase establishment utilizing an obsolete, empty building. It's
FAX: (231)728-4371       location near the historic Frauehthal Theater and newly renovated residential Amazon
Leisure Services         Building, is prime for redevelopment and certain to spur the further renaissance of the
(231)724-6704            area.
FAX: (231)724-1196

Mayor's Office
(231)724-6701
                         The City is excitedly anticipating the grand opening of this new entertainment venue in
FAX: (231)722-1214       the near future. Anything that you can do to help expedite the issuance of the liquor
Phmning/Zonlng           license would be greatly appreciated.


                                                     Q
(231 )724-6702
FAX: (231)724-6790

Police Deptartment
                         ~.Sincerely,
(231)724-6750
FAX: (231)722-5140
                            .                     '_Q       z~
                                                                                ::::::--:m
Public Works Dept.
(231)724-4100            Stephen J. Warmington
FAX: (231)722-4188
                         Mayor
Treasurer's Office       City of Muskegon
(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. !lox 536, Muskegon, MI 49443-0536
               1
                   MUSKEGON
                   Area Chamber of Commerce

                October 10, 2002



                Ms. Lisa Shannahan
                Michigan Liquor Control Commission
                7150 Harris Drive
                PO Box 30005
                Lansing, MI 48909°.7505

               Dear Ms. Shannahan,
                                                                                                      (}§

               As you may !mow, a new restaurant is in the construction process in the            formJl,
               Brunswick building in downtown Muskegon. Mr. Hoby Thrasher and Mr. Peti'f':J~hnson,
               the owners of the proposed restaurant, have submitted an al?l?}.i,pation for a Dev;1tf~~ment
               District On-Premise Liquor License. I understand this appfrcatil.)n is now undei;/"1
               construction by the Liquor Commission.                 C< /: '                     ' 1

                                                                            -\-ti/pfff:i':> , '       /)i
               As President of the Muskegon Area Chamberf!tc:ltJWW@fCe, I want to add my frtll
               endorsement to the application. Both gentl~µren            i\ferWe\J
                                                                     known restaurateurs our           th
               community. Mr. Hoby Thrasher was ~~e,i~ciije~f'of our 2001 Entrepreneur Award.
               Both Mr. Thrasher and Mr. Johnsq,Wat~lM:g@~'.fegarded   our business community.

               The Chamber is excitedly ll\lticipJtiit~fo;ening of1:his new restaurant. It will be a
               wonderful addition to      <J~f''.gr~tj11g
                                                     ~nd prosperous do•wn.1to¼'ll area. Anything you can do
               to help expedite the is{ifaj],qe'qffhe liquor licem;e       \JWi~(~1ii;;~tly
                                                                                       appreciated.
                                       -:/: -')Zf~!~:JJ?




900 lhird Slreel '" Suife 200 • P.O. Box 1087 •• A\uskegon, A\ichigon 49443-10B7
Phone (231) 722-3751 " fAX (231) 728-7251 " Emoil mocc@muskegon.org " Website www.muskegon.org
I . r.:r0D
RL... ...,; , __   I

                           .,o~J\
                                                                                       RECEIVED
             .         a
      \,ul             \ii.:

        MUSK•"""                          Sept;.GUU 191 20()1
    crl"'I MAIi"AQ"'f"'\"S
                   .,. ••
             o!ff\Cl!
                                                                                            l!liJJ&IIXll'a@!M
                                                                                         IC/lXlf IIIAIIAGll!lfl
                                                                                               Cffl!lffl


 Thi,ll is ilmfclCllation rslative to the new type of on pradsu lic:m111e
 a9atael l:)y .!\,Ct No. 440 of tll.a Public Acts of l:996 1 being 111ec:timu
 1!5:al elf the Mirehlgl:Lll'l Lic;pllor Control Cede of J.998, l:lleing Ma.
 ~3,, 1s:.1 (1) (fomerly lm<OWn az (:J:~a) Section 4:315.17k(l).
 4::l lli. lS2l {l) of 'tlltl Miclllligan C:omplisd I.a.Will provides that ill lllddi tion
 tc on pr-i,:i;<as qucb lic<an.1Sl8llil and on prEllllliaras rssort licilUISelil , th<il
 Cc>m111issi0n llli!I.Y iz:::1u<11 not 'lllora trum so 're.Ye= or Cla,ae c lievAlitil to
 per.110M                  operating   c®rt.i..in   quali!y:l.llbg   bu~il!!.es111e~   lecabilt\l     in
 devralopmrant districts.
 nev~opmemt districts arlfl defined in Bubsisction (6) (a) of sectiotrn
 43~.1321 of the Michigan Ccmpil•d La.mil as follows:
            ", • • (i) An a.uthcrity district esbblilllh.ad under the tax
            incr.-ent fin!llllce authority act, Act Ne. 450 of the JM!olic
            Acts of l!HIO, Jo,1dng sections l2.5, lSO:l. to 125.1830 of the
            Hicllli9an Compiled La.will. ~
             (iil an authority district . establi.ehed under i:3!.s locu
             dlwelopmant .financing act, Act Ne. JSl of tbs PUl:llic Act:11 o:f
             1986, being section 125.2151 tc l.25.2174 cf the Michigan
             Ccmipiled Laws. "
      \,/(iii) A downtollln district established under Act No. 1517 of t.l:l.e
         PUblic Acts of 1975, being sections 125.1651 to l2Z.l581 of
         the Michigan Compiled Law. "                   ·
                 (ivJ A principml shopping district established under Act Ne.
                 120 o:f the. l!'lll:llie ActaJ o:f l961, being sections 1.:25, 981 tc
                 l:l!S.987 of the Michigan cempiled. Laws, before Jaunua:ry 1,
                 199'6."

  '.rlle conditions that must be. met prior to ths issuance of a
  devalopment district licensa ccntained in subll!ection (l.) cf
  436.1521 of the Michigan ccmpilad Laws ara as follows:
                 ". , • (a) The business is a full service restaurant, is open
                 to the public, Md prepa:rss food on the pramises.~

                 (b) The l:lusinees is open for focd ser.ics not l<lll:&ll\ than 10
                 hours par_ day, S days per week.ff
h,.<Jl!i 2
S@p~er l!l, 300:l.
~<mlo~t Di:at::i,;t en                         !?rw:.ses i:.ic!IIWlll!lilll
         {s:)       At J.,aa111t      set    cf tllum gx-0111111
        d0r:l:w<ad fr~ t.."l• ti!iale ot feed fi:ir ~eumpt:ien
        ~eluding beer al!l.d wine.~
                                                                                  =
                                                                   :raceipt:3 cf the il:luineee    ~
                                                                                      thlil prmisel!ll,


         (d} The busi:rnee,s                hali!I   tllinil!l11 :faciJ.11:i@e tc :maat net lem,s tmin
         :l!S persons.
         (Ii~ '!'he !ousilliers,ii1 is located in a dravelcp!nent district with m
         peool;;rt;ioo ef ;rn,m mm:'! tlW'I !9, 099 in vhidll the aut:hcll:':ity,
         iRK !I\ plie k@:rinq.. bas fcund tut the ismumnce of the
         liC$1lse 'llmuld prevent further detu-icraticn within the
         d<&v@lcpm11mt di.strict and pr01110ta e=mmic growth within t!!hilll
         d$1Y<Slopm@nt. distJ:ict.         '.rh• COlmll.imlicn .ffl!h@ll M:S il!l;&ue the
         lic:Rllllsa unl.esa the lcca.l wut·ci gcv•ll:lUlent within which ~e
         author:i:ty is lcca:tad, after hell.ding a. public b.aaring, ]l)l!.:IIM!iil
         a r,asoJ.ution concurring in the :findin;r.v 0:f the authority.
             ( f) Tho11 . lousiness <:illllll!cnstrat:as tc the Colilllliseion 1:.hat. an
             escrowed J.ic11mslft i1:1 not rae.dill!' availalol:11 in any local 'I.mit of
             gC'll'®.:"l!!J!itent in which th:11 deveJ.cpmant district is located."
 Initial applications for 0111 prqise:. lioensu unciler the provisicna
 o:f 436,l5:J1(ll o:f th.- Michigan Compilecl Laws will be made to the
 d~velopment district wber$ the prop011ed business is to be locat~d
 and not to tha Liquor cont:roJ. c0l/illlli:11sion ot!iceis.   Tb.mi Liquor
 Control Comdssion will net l!!lillintain li:stz of int®re:sted applicants
 nor :111.abm.it names of the applicants 1:0 the development districts for
 ccru!ideraticn.                                                       ·
  :rn ordiar for the Liquor control ColBlllission to implement th.a
  li~sing investigation process for applications under the
  provisions c:f 43$,1521(1) of the Micb.iga111. COl!lplied Laws,· the
  following doCU!llents mwst be received.:
              (l)     Writt..in v@rification t:.cm the · development. atltlllo:rity
                      identi:f":fin~ the ~t$t~tciry pr,:,,riaicna ~n4er whioh it-"'
                      <l>StaJblisb.w1d and c1a1rtitication that its population 1s not
                      :more than 50,000,
                       A copy o:f the notic'i!. ot pw:il.ic hearing held by the ·
                       developmen~ district.                                             ·
              (:3)     A copy of written findings of the development district
                       which istat.e that the iss1,1anoe of the license tc W
                       ;,;.;plica;nt at s specific location would prevent further
                       deterioration with.in the development district:. a.lid pro2110te
                       economic growth.
              (4)      A   ''""f'lf   o;f th• ll-<>tica cf pub1ic }>Qarill'iJ h•l.d. by the lceal
                       lagislative bo:l.y.
   LCC                                 Fax:517-322-6137     Seµ 19 '01   13:(6    P.03




l'llt;ill 3
!l<DJ?""'ll'iMlr 19, 2@01
~ l ~ l l l l l l l t !!li:Lliu:i,:t    LiC"'M@lll


                 a.   <:1cp~ cf th<!! r.mmclut:l.on pa.m1111ad by the. lccal laiiislati"N
                 b0dlf which Cllncwr:a iA the. findings cf th• av.t.hoid.t.y fer
                 is111wmca of a lic®irnM 1=9 99 appl}C'l'lt !It '!l GMifi19
                  lrmtign.,
 01nce t!willll<m d ~ t . s Utll! r®=ived,                Liquor Control Colimi:u!ion
 lic~nW"' -~plication               Md irult=c:tiol!U!l Will~· Uiled. ~ U;Q
                                       fcrlllllll
 iit!Plicul!: end th@ ew11t0111111ey licsn1il.ing proc:m111s will lblil illlpleiuntllld.
 'l'his pr~lllllil will i=ludm r«BCeipt. of· :rcmc:011111endatien111 f:rcm l:ic'lth t:h@
 local l<mgilill<11tive ~dy i\Ml the local law -,!oreG!Mmt agency.
 It is ilnpcrlant to nctill that. th® Li~cr cont:rcl C011lll!limi10n M'Jf
 i:,sue not lll.Cll:'l!il tho11n so 'fav<ern er Cl,u1111 c licensias in dw@lopaent
 dist:rictlll thrcuglh.cut. the Stat.a and a:ppliea:tions l!UllY Iba c0Jru11id~
 by the Liquor ~nb:el Co-1ssicn wit:t.iout regard to the cl:'tl!Gr in
 which th@ applications are receivmil.
     prcvi.sions of 436-1521(4) of tb.1111 Midl.igan Compiled Ji'..a'lllll further
 Thllll
 prrm.iJM.t Uol11!1 issualll!~ of a Specially Dasigna:taa Ml!lll:"dlmlt llcen111e,
 a speci&l ly llll\llsi,;nlil.t®':il IDist:t-iloutor l.:l.canse or any otller liceru&<a
 that allffl>f~ the sal~ of alccholie liquor for coN1wnpti0n off th~
  preaises.           Act 440 of tha Pulolic Acts of 19915 :further mtpillllldecl the
  definitiollll. of a Brewpimb licaruss tc allow the lOeGr produced lilt tl:lls
  pr<e1111iill@lll to be sold for cons~ion off the pr:a:miae:11. 'rhe:r,afcra,
  the previsions of 436;1521(4) of the Michigan compiled! Laws
  prohihit the issuance of a Brewptlb license in conjunction with an
  on pr-ises lic;m.s* issued undl!lll:" this section 1521(1).
  Li<::GM$$ issued lllll'lder Ult\!! provisions cf 4:36.1521(1) of the Jll!iddgan
  ecmpil@d Laws lllll!.Y transfer ot.mer!lhip and! may ·t.:nnsrm:- J.ocation
  within the devell.opment district in which ··o:ri9i111ally issued. 'l'l:llil
  .sam@ =ndi tiorus IU'ld. procGdu:r~s Q~t.lined above will be a!P!Pl.icaJolG to
  a t:r=f1er location of licanses issued under 436,1521 o:f the
  Michigan Compiled. Laws within the develop:m,ent di.strict,
  If you have any furthar questions, pl.ease contact th@ Escrow/Quota
  unit of th~ Licensing Division at (517)-322-1400.




   A: \DEVDLIC:! • Bl.7
436.1519                                                            ALCOHOLIC BEVERAGES                     I '


 P.A.1952, No. 150, § I.                                 P.A.1980, No. 6, § I.
 P.A.1955, No. 42, § I.                                  P.A.1980, No. 185, § I.
 P.A..1955, No. 126, § l.                                P.A.1980, Na. 302, § l.                             •.
 P.A.1957, No. 275, § l.                                 P.A.l 981, No. 187, § l.
 P.A.1960, No. 151, § I.                                 P.A.! 983, No. 21, § I.
 P.A.1962, No. 35, § l.                                  P.A.! 983, No. 81, § l.
 P.A.1964, No. 172, § I.                                 P.A. l 985, No. 123, § I.
 P.A.1965, No. 39, § I.
                                                         P.A.1986, No. 7, § I.
 P.A.1966, No. 196, § l.
 C.L.1970, § 436.17.                                     P.A.1987, No. 191, § I.
 P.A.1976, No. 416, § 1.                                 P.A.1988, No. 207, § I.
 P.A.1976, No. 417, § I.                                 P.A.1989, No: 118, § I.
 P.A.1976, No. 418, § l.                                 P.A.! 992, No. 136, § l.
 P.A.1977, No. 2, § l.                                   P.A.1994, No. 185, § l.
 P.A.1978, No. 6, § 1.                                   P.A.1995, No. l 13, § l.
 P.A.1979, No. 74, § I.                                  P.A.1995, No. 138, § l.
 C.L.1979, § 436.17.                                     P.A.1996, No. 71. § l.

                                          American law Reports
Construction of provision precluding sale of intoxicating liquors within specified distance from
       another establishment selling such liquors, 7 ALR3d 809.
Revocation or suspension of liquor license because of drinking or drunkenness on part of licensee
       or business associates, 36 ALR3d 130 I.
Validity and construction of statute or ordinance respecting employment of women in places where
       intoxicating liquors are sold, 46 ALR3d 369.
Security interests in liquo~ licenses, 56 ALR4th 1131.

                              Law Rev.iew and Journal Commentaries
  First amendment freedoms: Annual survey of
Michigan !aw 1975. Peter M. Alter, Ellen J.
Alter, 22 Wayne L.Rev. 365 (1976).

                                           Library References
     Intoxicating Liquors €=-59(1).
     WESTLA W Topic No. 223.
     CJ.S. Intoxicating· Liqu.ors § 95.

                                            Notes of Decisions
State-oWiled lands                                    P.A.1949, No. 174, which prohibited the issu-
                                                      ance of licenses for sale of alcoholic liquor on
                                                      state owned lands. Op.Atty.Gen.1949-50, No.
1.  State-owned lands                                 1227, p. 551.
  Liquor control c6mmission may not _issue li-          P.A.1933, Ex.Sess., No. 8, § 17 as amended.'
cense for pre.mises constituting land of which            r
                                                      by .A.1949, No. 174. prohibited the liquor con• ~
state is fee owner, even though land is under         trol commission from issuing licenses for use on .!
lease to a~other. Op.Atty.Gen., 1951-52, No.          state owned lands and such licenses in existence
1321,p. 129.                                          on the effective date of the amendatory act ·
  Real estate property acquired by Huron-Clin-        could not be renewed or transferred for use
ton metropolitan authority was not state-owned        thereon. Op.Atty.Gen.1949-:-50, No. 1024, p.
within the meaning of that terr~ as used in           288.


436.1521. Tavern or class "C" licenses, issuance                                   ,
   Sec. 521. (1) In addition to any licenses for the sale of alcoholic liquor for,;·
consumption on the premises that may be available in the local governmental·.
unit under section 531 (I), and the resort and resort economic development.,.
licenses authorized in section 531(2), (3), and (4), the commission may issue not.'
more than 50 tavern or class C licenses to persons who operate businesses that.'
meet all of the following conditions:                                             ··
                                                   212
              :· l.JQUOR CONTROL CODE OF 1998                                              436.1521

                     ·.'.-(a) The business is a full service restaurant, is open to the public, and
                   .·prepares food on the premises,
                 .:: (b) The business is open for food service not less than l O hours per day, S
                  : days a week.
                  •.·' (c) Al least 50% ofthe gross receipts of the business are derived from the sale
                    '.i)f food for consumption on the premises, For purposes of this subdivision,
                      food does not include beer and wine.
                          (d) The business has dining facilities to seat not less than 25 persons.
                          (e) The business is located in a development district with a population of not
              -;' more than 50,000, in which the authority, after a public hearing, has found that
             :~ the issuance of the license would prevent further deterioration within the
            ·• .•1 development district and promote economic growth within the development
               . · district. The commission shall not issue the license unless the local unit of
                 , government within which the authority is located, after holding a public
ice from
              i hearing, passes a resolution concurring in the findings of the authority.
licensee               . (2) The individual signing the application for the license shall state and
.:s where             demonstrate that the applicant attempted to secure an appropriate on-premise
                      escrowed license or quota license issued under section 53 I and that, to the best
                      of his or her knowledge, an on-premise license or quota license issued under
                     section 531- is not readily available within the local unit of government in which
                      the applicant proposes to operate.                           ,
                         (3) If in any licensing year the sale of food for consumption on the premises
                      of the business represents less than 50% of the gross receipts for the business,
                      the commission, after due notice· and proper hearing, shall revoke the license
                      issued under subsection (1).
                          (4) Not more than 1 license shall be issued under subsection (1) to any
                      individual. partnership, limited partnership, limited liability company, corpora-
                      tion, or any combination of any of the above, including stockholders, general
he issu-              partners, or limited partners. A license issued under this section is transferable
quor on               as lo ownership or location only within the development district.
·50, No.
                          (S) The commission shall not issue a specially designated merchant license,
mended                specially designated distributor license, or any other license that allows the sale
mr con-               of alcoholic liquor for consumption off the premises in conjunction with a
r use on
x.istence             license issued under subsection (I) or at the premises for which a license has
.or, act              been issued under subsection (1) .
 fa~ use
 024, p.                  (6) The corpmission shall not issue a license under this section if the local
                      governmental unit within which the development district is located has not
                      issued all appropriate on-premise licenses available under section 531(1) or if
                      an appropriate on-premise escrowed license is readily available in any local
,or for               unit of government in which the development district is located. The commis-
nemal                 sion shall not issue more than 2 licenses authorized under this section in any
pment                 city or municipality with a population greater than 50,000. If an applicant's
ue not                 proposed location is within more than l development district, the applicant
,s that               shall obtain the approval of both or all of the applicable local units of
                       government or development districts.
                                                                 213
436.1521                                                            ALCOHOLIC BEVERAGES                      LIQ

  (7) The commission may issue the licenses under this section without regard                                alco
to the order in which the applications for the licenses are received.                                        the 1
    (8) The commission shall annually report to the legislature the names of the                             any
businesses issued licenses under this section and their locations.                                           sche
                                                                                                             not 1
    (9) As used in this section:
                                                                                                             tion
    (a) "Development district" means any of the following:                                                   facil
    (i) An authority district established under the tax increment finance authority
                                                                                                                (2
act, 1980 PA 450, MCL 125.1'801 to 125.1830.
                                                                                                             rene
    (ii) An authority district established under the local development financing                             adm
act, 1986 PA 281, MCL 125.2151 to 125.2174.                                                                  $60(
    (iii) A downtown district established under 1975 PA 197, MCL 125.1651 to                                    (3:
 125.1681.                                                                                                   licer
    (iv) A principal shopping district established under 1961 PA 120, MCL                                    sion
 125.981 to 125.987, before January 1, 1996.                                                                    (a:
     (b) "Escrowed license" means a license in which the rights of the licensee in                           that
 the license or to the renewal of the license are still in existence and are subject                         gene
 to renewal and activation in the manner provided for in R 436.1 107 of the
                                                                                                                (b:
 Michigan administrative code.
                                                                                                             gros:
     (c) "Readily available" means available under a standard of economic feasi-                             non;;
 bility, as applied to the specific circumstances of the applicant, that includes,
                                                                                                               (4:
 but is not limited to, the following:
                                                                                                             prov
     (i) The fair market value of the license, if determinable.                                              publ
     (ii) The size and scope of the proposed operation. .                                                    pren
     (iii) The existence of mandatory contractual restrictions or inclusions at-                             heah
  tached to the sale of the license. ·         ·                                                               (s:
  P.A.1998, No. 58, § 521, Imd. Eff. April 14, 1998. Amended by P.A.1998, No. 282, Imd.                      is ap
  Eff. July 27, 1998.                                                                                        unit
                                   Historical and Statutory Notes                                            P.A.!
                                                                                                             by P..
  P.A. I 998, No. 282, in subsec. { 1), in the Lntro"   secs~ (3) to (5), respectively: in subsec. (4),
ductory paragraph, inserted "and resort eco-            added the second semence; inserted subsecs.
nomic development"; deleted subsec. {I)(f),             (6) and (8); and.redesignated former subsecs.
which read:                                             {5) and (6) as subsecs. (7) and (9). respectively.     P.A.
  "The business demonstrates to the commis•                                                                  "$60(
sion that an escrowed license is not readily            Prior Laws:
available in any local unit of government in
                                                          P,A.1933, Ex.Sess., No. 8, § 17k.
which the development district is located."
                                                          C.L.1979, § 436.17k.                                 Int<
  P.A.1998, No.,,282, also, inserted subsec. (2);
                                                          P.A.1996, No, 440, § 1.                              WE
 redesignated former subsecs. (2) to (4) as sub-
                                                                                                               C.J.
                                           Library References
  Intoxicating Liquors e=>S7. l.                                                                             436
  WESTLA W Topic No. 223.
  C.J.S. Intoxicating Liquors§ 104.                                                                            Se
                                                                                                             men
 436 ..1522. Banquet facility permits; issuance to on-premise licensees                                      pena
   Sec. 522. (I) The commission may issue I banquet facility permit to an on•                                ordiI
 premise licensee, as an extension of that on-premise license, for the serving of                            defo,
                                       214
                              CITY OF MUSKEGON
                       DOWNTOWN DEVELOPMENT AUTHORITY
                          MUSKEGON COUNTY, MICHIGAN

                                 RESOLUTION NO. _ __


A resolution approving the issuance by the Liquor Control Commission of a Downtown
Development On-Premise Liquor License to PCJ Enterprises, LLC pursuant to Sections
521 of the Liquor Control Code of 1998.

The DDA hereby RESOL YES:

                                             Recitals

1.     PCJ Enterprises, LLC has applied for a Class C license for the premises at 441 W.
       Western Avenue, formerly known as the Brunswick Building.

2.     It is required that the Downtown Development Authority and the City Commission
       approve the issuance of such license before application may be made to the Michigan
       Liquor Control Commission.

3.     A hearing was held on September 30, 2002, at a special meeting of the DDA, and the said
       hearing was publicly noticed in The Muskegon Chronicle, and mailed to the
       neighborhood association involved, as well as the applicant. Public notice was
       determined by the DDA to be sufficient.

                                            Findings

The DDA finds the following facts to be true, based upon the application and the materials
placed before the DDA in the public hearing:

1.     The business shall be a full service restaurant, which prepares food on the premises, and
       shall be open to the public.

2.     The business will be open for food service not less than ten (10) hours per day five (5)
       days per week.

3.     At least 50% of the gross receipts of the business will be derived from the sale of food for
       consumption on the premises. "Food" does not include beer and wine.

4.     The business has dining facilities and will seat more than twenty-five (25) persons.

5.     The business is located in the Downtown Development Authority's Development
       District, which has a population less than 50,000. The District is duly established under
       1975 PA 197.
6.     The DDA, after hearing, has found that the issuance of the license will prevent further
       deterioration within the Development District and will promote economic growth within
       the Development District.

7.     It appears, based upon the showings at the hearing, that the City of Muskegon has issued
       all appropriate on-premise licenses that are available under Section 531(1) of the Liquor
       Control Code of 1998. Further, the DDA is satisfied, after hearing, that an appropriate
       on-premise escrowed license is not readily available in the City of Muskegon, where the
       entire Development District is located. The DDA has found that such license is not
       readily available taking into account all appropriate economic feasibility factors,
       including the fair market value of any such license, which is not determinable for the
       reason that no such license is available after diligent inquiry by the applicant. Further,
       the DDA has considered the size and scope of the proposed operation and the applicant's
       efforts to purchase a license. No sale of any such license has been offered or available.

NOW, THEREFORE, THE DDA HEREBY RESOLVES:

1.     That the applicant, PCJ Enterprises, LLC, has presented at public hearing before the
       DDA substantial evidence supporting the above findings.

2.     The DDA, therefore, approves the issuance of a Development District On-Premise Class
       C Liquor License pursuant to Section 521 of the Liquor Control Code of 1998 to PCJ
       Enterprises, LLC at the specific location of 441 W. Western Avenue, Muskegon,
       Michigan, formerly known as the Brunswick Building.

This resolution passed.

Ayes    B. Bifoss. E. Fethke. K. Cierpial, L. Wood, R. Taylor, D. Medendorp,

        K. Jackson M. Plichta W. Stone, B. Mazade


Nays    None

                                            CITY OF MUSKEGON

                                            ::~VELO

                                                                                        Secretary
                                      CERTIFICATE

       This resolution was adopted at a meeting of the Downtown Development Authority, held
on September 30, 2002, after public hearing. The meeting was properly held and noticed
pursuant to public notice and held in accordance with the Open Meetings Act of the State of
Michigan Act 267 of the Public Acts of 1976.

                                          CITY OF MUSKEGON
                                          DOWNTOWN DEVELOPMENT AUTHORITY


                                          By   8u "J            ~                 Secretary
                                CITY OF MUSKEGON
                            MUSKEGON COUNTY, MICHIGAN

                                   RESOLUTION NO. 2002-113( a)


A resolution concerning the issuance of a Development District On-Premise Liquor License
pursuant to Sections 521 of the Liquor Control Code of 1998.

The City Commission of the City of Muskegon hereby RESOLVES:

                                             Recitals

1.     PCJ Enterprises,LLC . has applied for a Development District On-Premise Liquor
       License for the premises at 441 W. Western Avenue, formerly known as the Brunswick
       Building.

2.     It is required that the Downtown Development Authority and the City Commission
       approve the issuance of such license before application may be made to the Michigan
       Liquor Control Commission.

3.     A hearing was held on September 30, 2002, at a special meeting of the DDA, and the said
       hearing was publicly noticed in The Muskegon Chronicle, and mailed to the
       neighborhood association involved, as well as the applicant. Public notice was
       determined by the DDA to be sufficient.

4.     A hearing was held October 8, 2002, at the regular meeting of the City Commission.
       Notice was mailed and deemed satisfactory.

                                         DDA Findings

The DDA found the following facts to be true, based upon the application and the materials
placed before the DDA in the public hearing:

1.     The business shall be a full service restaurant, which prepares food on the premises, and
       shall be open to the public.

2.     The business will be open for food service not less than ten (I 0) hours per day five (5)
       days per week.

3.     At least 50% of the gross receipts of the business will be derived from the sale of food for
       consumption on the premises. "Food" does not include beer or wine.

4.     The business has dining facilities that will seat more than twenty-five (25) persons.

5.     The business is located in the Downtown Development Authority's Development
       District, which has a population of less than 50,000. The District is duly established
       under 1975 PA 197.
                                                                                2002-113(a)


6.     The DDA, after hearing, has found that the issuance of the license will prevent further
       deterioration within the Development District and will promote economic growth within
       the Development District.

7.     It appears, based upon the showings at the hearing, that the City of Muskegon has issued
       all appropriate on-premise licenses that are available under Section 531(1) of the Liquor
       Control Code of 1998. Further, the DDA is satisfied, after hearing, that an appropriate
       on-premise escrowed license is not readily available in the City of Muskegon, where the
       entire Development District is located. The DDA has found that such license is not
       readily available, taking into account all appropriate economic feasibility factors,
       including the fair market value of any such license, which is not determinable, for the
       reason that no such license is available after diligent inquiry by the applicant. Further,
       the DDA has considered the size and scope of the proposed operation and applicant's
       efforts to purchase a license. No sale of any such license has been offered or available.

8.     The DDA, after public hearing, held after notice on September 30, 2002, has approved
       the issuance of the said Development District On-Premise license.

NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

       The City Commission has reviewed the findings of the DDA and held its own hearing,
       and concurs with the findings of the Downtown Development Authority, and approved in
       concmTence with the Authority that the Class C license should be issued to PCJ
       Enterprises, LLC at 441 W. Western Avenue, the premises formerly known as the
       Brunswick Building. The City Commission recommends to the Liquor Control
       Commission the issuance of the said requested license.

This resolution passed.


Ayes    Gawron, Larson, Schweifler, Shepherd, Spataro, Wa~mington, Buie


Nays    None

                                                           CITY OF MUSKEGON



                                                           ~~il~B;,£ ~
                                                           City Clerk
                                        CERTIFICATE
                                         , 2002- 113(a)
        This resolution was adopted at a meeting of the City Commission, held on October 8, .
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



                                                           ~~ilk ne:~
                                                           City Clerk
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          OCTOBER 8, 2002

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Ridge, Glenside to Cumberland




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Ridge, Glenside to
Cumberland, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMP ACT:

A total of$12,745.06 would be spread against the seventeen-(17) 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.     2002-113 (b)


                       Resolution Confirming Special Assessment Roll

                       For Ridge Street, from Glenside to Cumberland


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 26, 2002, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

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

                        FOR Ridge Street, from Glenside to Cumberland
Continued...



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

This resolution passed.

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



Nays:   None




                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on October 8, 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 October 8, 2002.




                                                                                   Clerk
                           EXIDBITA


                Ridge St., Glenside to Cumberland


               SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Ridge St. from Glenside to
Cumberland.
            RIDGE STREET, GLENSIDE TO CUMBERLAND

                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

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


STATE OF MICHIGAN     )
                      ) ss
COUNTY OF MUSKEGON)

       TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

              H-1544, RIDGE-GLENSIDE TO CUMBERLAND

THE DEPONENT SAYS THAT THE NOTICE OF HEARlNd 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 27TH OF SEPTEMBER, 2002

                                       , Q,L~ .
                                  GAIL A. KUNDINGER, CIT




SUBSCRIBED AND SWORN TO BEFORE ME THIS
  l "] DAY OF D Cffip~          , 2002.


NOAAY PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY COMMISSION EXPIRES _ _"S._- _I ~
                                  _-_Q5._ _ __

                                                      JOANN M. KRUKOWSKI
                                                      Notary Pu blic - Michigan  -
                                                         Muskegon County
                                                 My Commission Expires May 13, 2005
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441



Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS


  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:

                                     Ridge,Glenside to Cumberland

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL{517-334-6521).
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $82,000 of which $12,745.06
will be paid by special assessment. If the special assessment is confirmed, your property will be
assessed $XXX.XX based on 95 feet assessable front footage at $9.35 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 $XXX.XX. Following are the
terms of the special assessment:

                                  Assessment Period: Ten (10) Years
                                        Interest Rate: 5% per year
                                 First Installment: $XXX.XX PER YEAR
                                     Due Date: December 8th, 2002

CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.

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

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

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


Sincerely,



Mohammed AI-Shatel, P.E.
City Engineer




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

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

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

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

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

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

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

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

    •   Be a citizen of the U.S.

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

    •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assi!;ltance 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 infonnation and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
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_ _ _ _ _ _ __




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.
                  •'.,tft,1,C}i,1')::'?-,~;,'.t,\'iirW'. '. ,;ij~FOR··oFFICEiUSE,O~Y~'/';li;f¥,
APPROVED (              DENIED ( )          DATE _ _ _ _ CENSUS TRACT NO. _ __

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


COMMENTS/REMARKS
                                                    **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                            CITY OF MUSKEGON
                                        NOTICE OF PUBLIC HEARINGS
                                 CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                          SPECIAL ASSESSMENT DISTRICTS:

                            HARVEY, KEATING TO S. END (900' OF GRAVEL ROAD)
                                           LEON, HARRISON TO CROZIER
                                        RIDGE, GLENSIDE TO CUMBERLAND
                                         ROBERTS, KEATING TO LAKETON
                                                      AND
                                            WILSON, HENRY TO DOWD

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

                        •       All parcels abutting Harvey Street from Keating to the South End
                            •     All parcels abutting Leon St. between Harrison and Crozier
•   A II parcels abutting Ridge St. between G lenside and Cumberland
               •    All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave.
           •       All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd


PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon
Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those
persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours
at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.

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

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

                                                              Gail A. Kundinger, City Clerk, MMC
Publish: SEPTEMBER 28, 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
.
                                                                                                           u
                                                                                                           ,l


                                        CITY OF MUSKEGON                                p._r;:: O3 2002
                                      Resolution No, 2002-40 ( c)


                  Resolution At First Hearing Creating Special Assessment District
                        For Ridge Street, from Glenside to Cumberland

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


    RECITALS:

    l,    A hearing has been held on March 26, 200Z 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 26, 2002, there were 6. 86 % 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       Larson                             and      Warmington
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 13.4 % of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

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

       Nays     None



                                                            CITY OF MUSKEGON


                                                            By~.Q.~~,,J
                                                             Gail A Kundinger, Clerk        ~<f

                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 26, 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


                Ridge St., Glenside to Cumberland


              SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Ridge St from Glenside to
Cumberland.
                                                                                                                                     t:.


    ···-----

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                    .   .                              WINCHESTER                                                              I I


                    [Ill' I Fl H'"''I            • )1111 \£1 Bii
                                 I IJ,U.l,!J I •)!Ill          b-Ll 11111
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                                                         I I I I I I I I I I I                     1111                    I



                                                       SHERMAN
                        AFFIDAVIT OF MAILING


STATE OF MICHIGAN      )
                       ) ss
COUNTY OF MUSKEGON)

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

        H-1554 RIDGE, GLENSIDE BLVD TO CUMBERLAND ST


THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESS:rvIBNT 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 ASSESS:rvIBNT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 15th DAY OF MARCH 2002.

                                                 0.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
  ~     DAY OF   [b 6,,.b W.,    , 2002.

        PUBl:JC, MUSKEGON COUNTY, MICHIGAN
        ::S-o~Y\r\   vY>- 'K'.f'v'Cows\:'.'. i
MY COMMISSION EXPIRES            ~ - I ~' 0 S
                                                               H-1554                        HEARING DATE OCTOBER 8TH, 2002

                                                  Ridge,Glenside to Cumberland

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

24-382-022-0007-00   1406.0 RIDGE AVE     FETT JAMES C         1406 RIDGE AVE   MUSKEGON     Ml 49441      $865.81      $0.00     $865.81

24-382-023-0010-00   1408.0 LEXINGTON A   LEE ROBERT/JULIE A   1408 LEXINGTON AVE MUSKEGON   Ml 49441      $872.82      $0.00     $872.82

24-382-022-0006-00   1411.0 GLEN AVE      PORTENGA ROY J       1411 GLEN AVE    MUSKEGON     Ml 49441      $841.50      $0.00     $841.50

24-382-023-0009-00   1419.0 RIDGE AVE     CRABTREE DANIEL W %1419 RIDGE AVE     MUSKEGON     Ml 49441      $654.50      $0.00     $654.50

24-382-023-0008-00   1425.0 RIDGE AVE     LOWE PAMELA S        1425 RIDGE AVE   MUSKEGON     Ml 49441      $607.75      $0.00     $607.75

24-382-023-0007-00   1429.0 RIDGE AVE     LAZUKA TYRONE E/KA 1429 RIDGE AVE     MUSKEGON     Ml 49441      $607.75     $17.37     $625.12

24-382-022-0005-00   1431.0 GLEN AVE      AMRHEIN PETER J      1431 GLEN AVE    MUSKEGON     Ml 49441      $888.25      $0.00     $888.25

24-382-022-0004-00   1441.0 GLEN AVE      MERCER JOHN C/BOU 1441 GLEN AVE       MUSKEGON     Ml 49441-3    $888.25      $0.00     $888.25

24-382-023-0006-00   1441.0 RIDGE AVE     TORREY JUNE M        1441 RIDGE AVE   MUSKEGON     Ml 49441      $607.75      $0.00     $607.75

24-382-023-0005-00   1453.0 RIDGE AVE     FOHLBROOK PATRIC!    1453 RIDGE AVE   MUSKEGON     Ml 49441      $607.75      $0.00     $607.75

24-382-022-0003-00   1455.0 GLEN AVE      STEVENS JOHN E/DA    1455 GLEN AVE    MUSKEGON     Ml 49441     $1,122.00     $0.00   $1,122.00

24-382-023-0004-00   1461.0 RIDGE AVE     BULTEMA KAREN        1461 RIDGE AVE   MUSKEGON     Ml 49441      $563.34      $0.00     $563.34

24-382-022-0002-00   1475.0 GLEN AVE      DEBOER JUDITH F TR 1475 GLEN AVE      MUSKEGON     Ml 49441      $888.25      $0.00     $888.25

24-382-023-0003-00   1477.0 RIDGE AVE     VEGTER MAY           1477 RIDGE       MUSKEGON     Ml 49441      $608.22      $0.00     $608.22

24-382-023-0002-00   1483.0 RIDGE AVE     CLARK WILLIAM ROBE 1483 RIDGE         MUSKEGON     Ml 49441-3    $561.00      $0.00     $561.00

24-382-022-0001-10   2334.0 CUMBERLAND NIENHUIS DONNA MT 2334 CUMBERLAND S MUSKEGON          Ml 49441      $935.00      $0.00     $935.00

24-382-023-0001-00   2364.0 CUMBERLAND CLAYTOR DARLEEN P 2364 CUMBERLAND        MUSKEGON     Ml 49442      $607.75      $0.00     $607.75




                                                                                                                         Page 1 of 2
                                    H-1554                              HEARING DATE OCTOBER 8TH, 2002

                          Ridge,Glenside to Cumberland

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

         TOTALS                                                                      $12,727.69   $17.37 $12,745.06

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


                                BOARD OF ASSESSORS

                          ~-~                              :t!;~?-
                      --~---=''-RNER, DIRE;TOR,COUNTY EQUALI   TION   DATE


                      ~#~                           /o -9-cz=..
                                             CITY COMMISSIONER        DATE

                                                                      Ii> -I 'f - 2J 2____
                                               COMMISSIONER           DATE




                                                                                                    Page 2 of 2
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          OCTOBER 8, 2002

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Leon St., Crozier to Harrison




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Leon, Crozier to
Harrison, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of $49,047.24 would be spread against the nineteen-(19) 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.     2002-113 ( c)


                       Resolution Confirming Special Assessment Roll

                          For Leon St. between Harrison and Crozier


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on March 26, 2002, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

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

                          FOR Leon St. between Harrison and Crozier
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:    Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson



Nays:    None




                                               By ~D~~
                                                    Gail A. Kundinger-, City atrk
                                                                                     .
                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on October 8, 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 October 8, 2002.




                                                   Gail A.
                      EXHIBIT A


        Leon St. between Harrison and Crozier


            SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Leon St. between
Harrison and Crozier
               LEON STREET, CROZJER TO HARRISON

                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

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


. STATE OF MICHIGAN     )
                        ) ss
COUNTY OF MUSKEGON)

       TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

                      H-1543 Leon, Harrison to Crozier

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
TAJ( ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 27m OF SEPTE~IBER. 2002

                                         ~Q~~~~
                                          A.
                                       GAIL
                                                ·
                                                KUNDINGER;CITY




SUBSCRIBED AND SWORN TO BEFORE ME THIS
  J ') DAY OF Qc.\;b ~          , 2002.


   . ~~ L             co . Krt.»..) ~ ~ -~ ~
NOT.Ai¥ PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY COMMISSION EXPIRES          S - I ~-- D s;   ~----------~
                                                     JOANN M. KRUKOWSKI
                                                     N otary Public - Michigan
                                                         Muskegon County
                                                 MYComm;ssion Expires May 13, ~~n 5 .
                                                                      . , ....~    l:.~J}
September 27TH , 2002




OWNERS NAME
OWNER'S ADDRESS
MUSKEGON, Ml 49441


Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS


  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:

                                        Leon, Crozier to Harrison

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.


The final projected cost of the street improvement portion of the project is $184,000 of which $49,047.24
will be paid by special assessment. If the special assessment is confirmed, your property will be
assessed $XXX.XX based on 64.3 feet assessable front footage at $36.35 per assessable foot for the
street improvements. In addition, you will be assessed $XXX.XX for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $XXXX.XX Following are the
terms of the special assessment:

                                  Assessment Period: Ten (10) Years
                                        Interest Rate: 5% per year
                                 First Installment: $XXX.XX PER YEAR
                                     Due Date: December 8th, 2002

CDBG Approved You Owe $0.00




                                                                                                            7
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,


~~t1i4f
Mohammed AI-ShateliP.E.
City Engineer




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

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

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

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

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

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

Note: You may rec~ive thiSapplicatib# several tiines -'--lfyp'u hijpi/~ltt/!dj;'tlp/JJf!JJIIIIJIIJli!&~
Dear Resident:
   The City of Muskegon, for roadway improvements, is specially assessing property owners in your area. City
   ordinances require that property owners be responsible for the special assessment for roadwork done to their
   property's assessable frontage. To assist homeowners, who may have difficulty paying the costs of the special
   assessment, the City offers assessment waivers through the Community Development Block Grant (CDBG)
   Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay for
   your special assessment to the extent that funds is available.
Application Requirements:
✓   Applicants must submit proof that their total household income does not exceed 65% of Area Median                 -
    Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
    2001, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
    income.
                                                         2002
                                            165% MEI>JAN HOUSEHOLD INCOME CHART                      I
                                                 FAMILY SIZE                INCOME LIMIT

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


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

✓   Applicants must submit proof of current property insurance.

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

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

                                         SPECIAL ASSESSMENT DISTRICTS:

                               HARVEY, KEA TING TO S. END (900' OF GRAVEL ROAD)
                                          LEON, HARRISON TO CROZIER
                                       RIDGE, GLENSIDE TO CUMBERLAND
                                        ROBERTS, KEATING TO LAKETON
                                                     AND
                                           WILSON, HENRY TO DOWD

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

                       •       All parcels abutting Harvey Street from Keating to the South End
                           •     All parcels abutting Leon St. between Harrison and Crozier
•   All parcels abutting Ridge St. between Glenside and Cumberland
              •    All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave.
          •       All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd

PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon
Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those
persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours
at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.

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

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

                                                            Gail A. Kundinger, City Clerk, MMC
Publish: SEPTEMBER 28, 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
                                        (23 I) 724-6705 of TDD (231) 724-6773
                                    CITY OF MUSKEGON

                                 Resolution No. 2QQ2-4Q/hl


              Resolution At First Hearing Creating Special Assessment District
                       For Leon St. between Harrison and Crozier

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


RECITALS:

I.   A hearing has been held on March 26, 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 26, 2002, there were 28. 14% 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       Scbwei fl er
       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 27.7% 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    Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie


       Nays    None



                                                            CITY OF MUSKEGON



                                                                  Gail A. Kundinger, Clerk


                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 26, 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



        Leon St. between Harrison and Crozier


            SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Leon St. between
Harrison and Crozier
                      -- -   --·
    ----l•- --- ---

<
                                       AFFIDAVIT OF MAILING


STATE OF MICHIGAN                      )
                                       ) ss
COUNTY OF MUSKEGON)

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                            H-1543 LEON, CROZIER TO HARRISON


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 15 th DAY OF MARCH, 2002.

                                                                   ?   Q ~\,~~   iJ
                                                                                 RK


SUBSCRIBED AND SWORN TO 11EFORE ME THIS
 c:) C\ DAY OF yY) ~              , 2002.
~(L_ ~-
N
                                  +<~~st_~
          Y PUBLIC, MUSKEGON COUNTY, MICHIGAN
"""T o {\.\'\'\,'I. )<'.{'v /LC\;)"::, \L   i              ,;:;'
MY COMMISSION EXPIRES                           S" - I~ -D cl,
                                                           H-1543                           HEARING DATE        OCTOBER 8TH, 2002

                                                      Leon,Crozier to Harrison

                                            SPECIAL ASSESSMENT ROLL
                                                                                                                     DR APP
PARCEL               @                  OWNER                     MAILING ADDRESS                         PAVING        /SW        TOTAL
24-205-657-0003-00   2178 MINERAVE      BLASZAK JOSEPH E    2178 MINER AVE     MUSKEGON     Ml 49441     $2,417.28      $0.00    $2,417.28

24-205-656-0004-00   2180 MORTON AVE    CROSS BENJAMIN      2180 MORTON AVE    MUSKEGON     Ml 49441     $1,744.80      $0.00    $1,744.80

24-205-655-0005-00   2183 MORTON AVE    WASHINGTON MUTUA 75 N FAIRWAY DR       VERNON HILLS IL   60061   $2,606.30   1,002.50    $3,608.80

24-205-656-0003-00   2187 MINER AVE     KING DENNIS         2187 MINER AVE     MUSKEGON     Ml 49441     $2,515.42   3,205.83    $5,721.25

24-205-660-0001-00   2199 MINERAVE      SIAS BARRY J        2199 MINER AVE     MUSKEGON     Ml 49441       $436.20      $0.00     $436.20

24-205-661-0001-00   2199 MORTON AVE    HOUSEMAN HAROLD     2199 MORTON AVE    MUSKEGON     Ml   49441   $1,435.83      $0.00    $1,435.83

24-205-662-0015-00   2200 CROZIER AVE   FARNELL! JANIS E    2200 CROZIER AVE   MUSKEGON     Ml 49441     $2,337.31   $697.00     $3,034.31

24-205-659-0015-00   2200 MINER AVE     SOUTHWARD THOMA     2200 MINER AVE     MUSKEGON     Ml 49441     $2,035.60   $880.33     $2,915.93

24-205-660-0015-00   2200 MORTON AVE    STONE SUSAN K       2200 MORTON AVE    MUSKEGON     Ml 49441     $2,253.70   $924.85     $3,178.55

24-205-662-0001-00   2201 HARDING AVE   HANNON EDWARD       2201 HARDING AVE   MUSKEGON     Ml   49441   $2,366.02   $695.88     $3,061.90

24-205-657-0001-00   2203 DENMARK ST    TULEJA ELSIE        2203 DENMARK ST    MUSKEGON     Ml 49441     $1,417.65   $697.00     $2,114.65

24-205-657-0001-10   2215 DENMARK ST    CARPENTER JEFFRAY 2215 DENMARK ST      MUSKEGON     Ml   49441    $976.72    $642.11    $1,618.83

24-205-659-0001-00   2221 LEON ST       ZBOJNIEWICZ LORRAI 2221 LEON ST        MUSKEGON     Ml 49441     $2,008.34   $642.11    $2,650.45

24-205-657-0002-00   2225 DENMARK ST    CARPENTER JEFFRAY 2215 DENMARK ST      MUSKEGON     Ml 49441     $1,308.60   $697.00    $2,005.60

24-205-660-0001-10   2269 LEON ST       SCARBROUGH JOSEP 2269 LEON ST          MUSKEGON     Ml   49441   $2,150.83     $0.00    $2,150.83

24-205-661-0015-00   2331 LEON ST       BENNINGER MARY      2331 LEON ST       MUSKEGON     Ml 49441     $2,280.96   $535.00    $2,815.96 ·

24-205-655-0007-00   2348 LEON ST       BAIR JERRY          2348 LEON ST       MUSKEGON     Ml   49441   $2,606.30   1,189.08   $3,795.38

24-205-654-0008-00   2380 LEON ST       ANDERSON PEGGY      2380 LEON ST       MUSKEGON     Ml   49441   $1,919.28   $476.70    $2,395.98


    9/25/02
                                                                                                                         Page 1 of 2
                                                       H-1543                           HEARING DATE       OCTOBER 8TH, 2002

                                                Leon,Crozier to Harrison

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

24-205-654-0007-10    2390 LEON ST   LAKESIDE UNITED ME 2160 CROZIER AVE   MUSKEGON     Ml 49441     $1,944.73      $0.00    $1,944.73   Io




                     TOTALS                                                                        $36,761.85    12,285.39 $49,047.24

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


                                                    BOARD OF ASSESSORS


                                                                                /??~~z.
                                                                       EQUALIZAT¢N.,,-~~'

                                                                                   0   2.
                                                                                       DATE



                                                                                       DATE




    9/25/02
                                                                                                                      Page 2 of 2
                                                          H-1543                       HEARING DATE OCTOBER 8TH, 2002

                                                     Leon,Crozier to Harrison

                                                      CDBG APPROVED
                                                                                                                DR APP
PARCEL                @                OWNER                     MAILING ADDRESS                    PAVING         /SW         TOTAL
24-205-656-0003-00    2187 MINER AVE   KING DENNIS         2187 MINER AVE   MUSKEGON   Ml 49441    $2,515.42    3,205.83    $5,721.25

24-205-659-0015-00    2200 MINERAVE    SOUTHWARD THOMA     2200 MINER AVE   MUSKEGON   Ml 49441    $2,035.60    $880.33     $2,915.93

24-205-659-0001-00    2221 LEON ST     ZBOJNIEWICZ LORRAI 2221 LEON ST      MUSKEGON   Ml 49441    $2,008.34    $642.11     $2,650.45

24-205-661-0015-00    2331 LEON ST     BENNINGER MARY      2331 LEON ST     MUSKEGON   Ml 49441    $2,280.96    $535.00     $2,815.96


                     TOTALS                                                                       $8,840.32    $5,263.27 fil.i,103.59




                                                                                                                    Page 1 of 1
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          OCTOBER 8, 2002

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Harvey St., Keating to S. End




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Harvey, Keating to
south End, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMP ACT:

A total of$32,964.25 would be spread against the six-(6) 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- 113 ( d)


                       Resolution Confirming Special Assessment Roll

                    For Harvey Street from Keating Ave. to the South End


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 April 9, 2002, 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 (I 0) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per annum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

                    FOR Harvey Street from Keating Ave. to the South End
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:   Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler



Nays: · None




                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on October 8, 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 October 8, 2002.
                       EXHIBIT A


           Hravey Street from Keating to South End


            SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Harvey from Keating to
South End.
             HARVEY ST. FROM KEATING TO SOUTH END
                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

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


STATEOFMICHIGAN             )
                            ) ss
COUNTY OF MUSKEGON)

         TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

                          H-1545, Harvey, Keating to S End

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SJ:>ECIAL 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 27m OF SEPTEMBER, 2002

                      .                    LO~~~· ·
                                          GAIL A. KUNDINGER, CIT~               RK




SUBSCRJBED AND SWORN TO BEFORE ME THIS
 tl    DAYOF Dc.\-0 \s:,.Q ;y-::::: ,2002.




MY COMMISSION EXPIRES _ _':;
                          ___- _l ~
                                  _ -_,::0:;_'S
                                             ..,..
                                              .c-., ____          JOANN M. KRUKOWS l( I
                                                                  Notary Public - Michigan
                                                                     Muskegon County            ..
                                                             My Commission Expires May 13, 2005
September 27TH , 2002




OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49443-1208



Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS


    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:

                                   Harvey, Keating to S end.

                                        Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on
Tuesday, OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30)
DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN TAX TRIBUNAL(517-334-6521). HOWEVER, UNLESS YOU PROTEST AT THIS
HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
                                     Costs

The final projected cost of the street improvement portion of the project is $105,000 of which
$33,327.75 will be paid by special assessment. If the special assessment is confirmed, your
property will be assessed $XXXX based on 460.88 feet assessable front footage at $10.75 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 $XXXX. Following are the terms of the special assessment:

                             Assessment Period: Ten (10) Years
                                   Interest Rate: 5% per year
                            First Installment: $><XX.XX PER YEAR
                                Due Date: December 8th, 2002
0
       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,


      ff"'-"TUIL.~1i4!
       Mohammed AI-ShateliP.E.
       City Engineer




       Enclosures




,.J
                          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
                                 CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                          SPECIAL ASSESSMENT DISTRICTS:

                                HARVEY, KEATING TO S. END (900' OF GRAVEL ROAD)
                                           LEON, HARRISON TO CROZIER
                                         RIDGE, GLENSIDE TO CUMBERLAND
                                          ROBERTS, KEATING TO LAKETON
                                                       AND
                                             WILSON, HENRY TO DOWD

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

                        •       All parcels abutting Harvey Street from Keating to the South End
                            •     All parcels abutting Leon St. between Harrison and Crozier
•   All parcels abutting Ridge St. between Glenside and Cumberland
               •    All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave.
           •       All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-0-W of Dowd


PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon
Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those
persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours
at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.

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

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

                                                                            Gail A. Kundinger, City Clerk
Publish: SEPTEMBER 28, 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, Ml 49440
                                        (231) 724-6705 of TDD (231) 724-6773
                                    CITY OF MUSKEGON
                                                                                   ,-.• ,t.~, ;-.. \  -.:.. ·u·-,
                                 Resolution No. 2002-47(a)                         , . ' t·"'.•.. ,',
                                                                                   I...
                                                                                   l. .....   _.-




              Resolution At First Hearing Creating Special Assessment District
                                                                                              APR   1 7 2002
                 For Harvey Street from Keating Ave. to the South End

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


RECITALS:

1.   A hearing has been held on April 9, 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 April 9, 2002, there were 26. 56% 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 Conunission has
     considered the advisability of proceeding with the project.

FINDINGS:

1.   The City Conunission 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 _ ___...._.,....,.,__ _ _ _ _ _ _ _ _ _ and      Warmington
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 33.3 % 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 Shepherd, Spataro. Warmington, Buie. Gawron. Larson, Schweifler


       Nays'_J'1illlle..._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __



                                                            CITY OF MUSKEGON



                                                                  Gail A. Kundinger, Clerk


                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on April 9, 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   4h~d~lh;;/
                       EXHIBIT A


          Hravey Street from Keating to South End


            SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Harvey from Keating to
South End.
    -
    I
    N



            1__ _


                    ROBERTS




                            ___J____   IJ
                                 ~- >




        -
        I
        N



                    US-31




7
I
                        AFFIDAVIT OF MAILING


 STATE OF MICIBGAN      )
                        ) ss
 COUNTY OF MUSKEGON)

  TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

               H-1545, HARVEY, KEATING TO SOUTH END



  THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
  EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
  THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
  LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
  MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
  STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
  OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
  TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
. UNITED STATES MAIL RECEPTACLE ON THE 29TH DAY ~ 0 0 2 .


                                        ~a-                ~
                                       GAIL A. KUNDINGER, CITYERK


 SUBSCRIBED AND SWORN TO BEFORE ME THIS.
  16 t/2 DAy OF     11/f'L' I     '2002.

~             &),      ;M0,
 NOTARY PUBLIC, MUSKEGON COUNTY, MICIBGAN

 MY COMMISSION EXPIRES         J- clrO .2,
                                                                H-1545                              HEARING DATE OCTOBER 8TH, 2002

                                                      Harvey, Keating to S end.

                                              SPECIAL ASSESSMENT ROLL
                                                                                                                                DR APP
PARCEL                   @                OWNER                        MAILING ADDRESS                               PAVING      /SW        TOTAL
** 24-133-200-0021-0C    2051 HARVEY ST   HARVEY TWO CO         PO BOX 1208         MUSKEGON        Ml 49443-1      $4,954.46    $0.00    $4,954.46

** 24-133-200-0021-1 C   2121 HARVEY ST   ELJON REALTY LLC      5203 S DIVISION AVE GRAND RAPID Ml 48548            $3,473.54    $0.00    $3,473.54

  24-133-200-0022-0C     2151 HARVEY ST   PREMIER PARTNERS      2151 S HARVEY ST    MUSKEGON        Ml 49442       $13,522.20    $0.00   $13,522.20

  24-133-200-0024-0C     2195 HARVEY ST   CONSUMERS ENERG       4000 CLAY AVE SW P GRAND RAPID Ml 49501-0           $2,399.10    $0.00    $2,399.10

  24-133-400-0008-0C     2431 HARVEY ST   DOBB LARRY J/JANIC    3884 MONTEVIEW DR MUSKEGON          Ml 49441        $6,179.50    $0.00    $6,179.50

  24-133-200-0021-1 C 2121 HARVEY ST      ELJON REAL TY LLC     5203 S DIVISION AVE GRAND RAPID Ml 48548            $2,435.45    $0.00    $2,435.45


                    TOTALS.                                                                                       $32,964.25     $0.00 $32,964.25

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


                                                              BOARD OF ASSESSORS



                                                                                         ~~
                                           ~
                                           ~--1:~uFF'""TURN ER,D.IRECTOR,COLJ'NTY EQ
                                                      Q.),_QJ(\ 0..... c::::,
                                                                                         /p:,,f"~~
                                                                                     UALIZA ON    DATE


                                                  E   BU IE    ~
                                                               /JYJ   ___.....-(;ITY
                                                                               ~MMISSIONER
                                                                                     -
                                                                                             ID a    I.
                                                                                               / J 02-
                                                                                               DATE

                                                                                                 I c. ,-1'-f-V   "2---
                                                                  N    CITY COMMISSIONER          DATE




                                                                                                                                  Page 1 of 1
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          OCTOBER 8, 2002

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Wilson, Dowd to Henry




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Wilson, Dowd to
Henry, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMP ACT:

A total of$66,888.76 would be spread against the thirty one-(31) 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- 113( e)



                       Resolution Confirming Special Assessment Roll

            For Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on March 12, 2002, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

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

           FOR Wilson from Henry St. to 75' W. of the Westerly R-O-W of Dowd
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:    Spataro, Warmington, Buie, Gawron, Lar$on, Schweifler, Shepherd



Nays:    None




                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on October 8, 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 ce1tify that the special assessment roll referred to in this resolution was
confirmed on this date, being October 8, 2002.


                                                               City of M~s, gon

                                             . By   ~A.
                                                    Gail
                                                                  D- ~~~
                                                               Kundinger, City Cl k
                                        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
                   WILSON, DOWD TO HENRY ST.
                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

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


 STATE OF MICHIGAN    )
                      ) ss
 COUNTY OF MUSKEGON)

        TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

                  H-1523, WILSON, HENRY TO DOWD

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 27rn OF SEPTEMBER. 2002

                                       ~      -    .




 SUBSCRIBED AND SWORN TO BEFORE ME THIS
   1
   ,1   DAYO_F   L)c,-\--b ~     , 2002.



NOT)jfy   ~,~si<f      ~)~*
. MY COMNIISSION EXPIRES
                                        MICHIGAN

                             S- Is.~ b CS°'
                                                             JOANN M. KRUKOWSJ<I
                                                            Notary Public - Michigan
                                                               Muskegon County
                                                       My Comm;ssion Expi res May 13, 2005
September 27TH , 2002




OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441



Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS


   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:

                                  Wilson, Dowd to Henry St.

                                       Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on
Tuesday, OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30)
DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN TAX TRIBUNAL(517-334-6521). HOWEVER, UNLESS YOU PROTEST AT THIS
HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
                                     Costs

The final projected cost of the street improvement portion of the project is $126,000 of which
$66,888.76 will be paid by special assessment. If the special assessment is confirmed, your
property will be assessed $XXXX based on XX feet assessable front footage at $34.42 per
assessable foot for the street improvements. In addition, you will be assessed $XXX for driveway
approach and/or sidewalk improvements made to your property for a total special assessment
cost of $XXXX. Following are the terms of the special assessment:

                             Assessment Period: Ten (10) Years
                                  Interest Rate: 5% per year
                              First Installment: $227.1 B per year
                                Due Date: December 8th, 2002

CDBG Approved You Owe $0.00
 The total assessment may be paid in full any time prior to the due date shown above
 without interest being charged. After this date, interest will be charged at the rate
 shown above on the outstanding balance. Assessments also may be paid over a ten
 year period in ten equal principal installments. If you pay your assessment in
 installments, your annual installment (including interest) will be included as a separate
 item on your property tax bill each year. Therefore, if you pay your property taxes
 through a mortgage escrow agent, you should notify them of this change. Early
 payments may be made at any time and are encouraged.

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

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

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


 Sincerely,


,,~~....__.._....1i4/
 Mohammed AI-Shatel; P.E.
 City Engineer




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

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

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

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

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

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

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

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

      •     Be a citizen of the U.S.

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

      •     Have a special assessment of $300.00 or more.

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

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

 V.       Additional Special Assessment Payment Assistance
 Qualified low and moderate income homeowners who are being assessed may be eligible for payment
 assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
 from this program will be available to the extent that funds are available. To obtain further information and
 determine whether you are eligible, contact the Community and Neighborhood Services Department at
 724-6717.
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate:                                                Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: _ _ _ _ _ _ _ __
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)

Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                  Social Security# _ _-_ _-_ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                  Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                   Social Security# _ _-_ _-_ _




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 COBO staff)

                                                   . }oWNii•s SIGNA'.ltll.liic
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.
                                                      \ FOR OF'FICEUSE O~Y
APPROVED ( )            DENIED ( )          DATE _ _ _ _ CENSUS TRACT NO. _ __

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


COMMENTS/REMARKS
                                                   **ATTENTION APPLICANT**
      Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                           CITY OF MUSKEGON
                                       NOTICE OF PUBLIC HEARINGS
                                CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                         SPECIAL ASSESSMENT DISTRICTS:

                               HARVEY, KEATING TO S. END (900' OF GRAVEL ROAD)
                                          LEON, HARRISON TO CROZIER
                                       RIDGE, GLENSIDE TO CUMBERLAND
                                        ROBERTS, KEATING TO LAKETON
                                                     AND
                                           WILSON, HENRY TO DOWD

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

                       •       All parcels abutting Harvey Street from Keating to the South End
                           •     All parcels abutting Leon St. between Harrison and Crozier
•   All parcels abutting Ridge St. between Glenside and Cumberland
              •    All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave.
          •       All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-0-W of Dowd


PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon
Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those
persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours
at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.

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

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

                                                            Gail A. Kundinger, City Clerk, MMC
Publish: SEPTEMBER 28, 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
                                        (23 I) 724-6705 of TDD (23 I) 724-6773
                                   CITY OF MUSKEGON

                                 Resolution No. 2002-32( l)l
                                                                          rl0'.1\ :~ J zonz
                                                                           ' " ,1       ....




               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


                                                                                                      I
                                                                                                           -·

       Commissioners        Schweifler                       and _ _:::.Spcca"'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 staffis hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

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


       Nays None



                                                               CITY OF MUSKEGON


                                                               By~,la~~
                                                                Gail A. Kundinger, Clerk 0


                                      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


                        · 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
                                                AVENUE                                                                                 II


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                                                                                                                                                                        (II
                       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~ 2 .


                                     ~fuLD                  ~
                                    GAIL A. KUNDINGER, CITY C


SUBSCRIBED AND SWORN TO BEFORE ME THIS
  I l/ th.,_ DAY OF l77at1 ,e A • , 2002.

NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

MY COMMISSION EXPIRES -~f_-~;2_.S_'--~U~2..,~-
                                                            H-1523                         HEARING DATE           OCTOBER 8TH, 2002

                                                 Wilson, Dowd to Henry St.

                                          SPECIAL ASSESSMENT ROLL
                                                                                                                  DR APP
PARCEL                @                OWNER                      MAILING ADDRESS                      PAVING       /SW        TOTAL
24-665-000-0014-00    2083 HENRY ST    PEARSON JOHN H ET    2083 HENRY ST     MUSKEGON     Ml 49441   $2,065.20   $206.64    $2,271.84 ·

24-665-000-034 7-00   2090 HUDSON ST   PRESTON HAROLD M     2090 HUDSON ST    MUSKEGON     Ml 49441   $2,271.72     $0.00    $2,271.72 .

24-665-000-0016-00    2107 HENRY ST    TISCH PROPERTIES L 1905 MCILWRAITH     MUSKEGON     Ml 49442   $2,065.20   2,988.48   $5,053.68

24-365-000-0007 -00   2110 DOWD ST     WERLING KENNETH      2110DOWDST        MUSKEGON     Ml 49441   $1,702.76     $0.00    $1,702.76

24-665-000-0491-00    2111 DOWD ST     SKLENAR CATHERINE 2111 DOWD ST         MUSKEGON     Ml 49441   $2,161.58     $0.00    $2,161.58

24-665-000-0343-00    2118 HUDSON ST   BRUCKBAUER DANIEL 2118 HUDSON ST       MUSKEGON     Ml 49441   $1,600.53     $0.00    $1,600.53

24-665-000-0257-00    2119 KINSEY ST   OCWEN FERAL BANK     1675 PALM BEACH LA WEST PALM BEFL 33401   $2,134.04     $0.00    $2,134.04

24-665-000-0106-00    828 WILSON AVE   DAHLGREN BESSIE      834 WILSON AVE    MUSKEGON     Ml 49441   $1,376.80     $0.00    $1,376.80

24-665-000-0104-00    829 WILSON AVE   VAN DONKELAAR WIL 829 WILSON AVE       MUSKEGON     Ml 49441   $2,753.60   $842.62    $3,596.22

24-665-000-0107-00    834 WILSON AVE   DAHLGREN BESSIE      834 WILSON AVE    MUSKEGON     Ml 49441   $1,376.80     $0.00    $1,376.80

24-665-000-0103-00    841 WILSON AVE   HOLT MICHAEL/CATHI 160 JOHN AVE        MUSKEGON     Ml 49441   $1,125.53   $220.08    $1,345.61

24-665-000-0108-00    846 WILSON AVE   CITY OF MUSKEGON                                               $1,125.53   $885.68    $2,011.21

24-665-000-0133-00    854 WILSON AVE   SHREVE BERNARD       854 WILSON AVE    MUSKEGON     Ml 49441   $2,065.20     $0.00    $2,065.20

24-665-000-0138-00    855 WILSON AVE   MAYNARD CHARLES      855 WILSON AVE    MUSKEGON     Ml 49441   $2,065.20     $0.00    $2,065.20

24-665-000-0136-00    865 WILSON AVE   FELCOSKIE ROBERT     865 WILSON AVE    MUSKEGON     Ml 49441   $2,065.20   $413.49    $2,478.69

24-665-000-0135-00    866 WILSON AVE   ZAVITZ SHIRLEY NZA   866 WILSON AVE    MUSKEGON     Ml 49441   $2,065.20   $211.40    $2,276.60

24-665-000-0223-00    879 WILSON AVE   LAUDE GARY F         879 WILSON AVE    MUSKEGON     Ml 49441   $3,710.48   $879.72    $4,590.20

24-665-000-0226-00    882 WILSON AVE   KUZMA JOSEPH/MICH 882 WILSON AVE       MUSKEGON     Ml 49441   $3,710.48   $428.10    $4,138.58


    9/27/02
                                                                                                                     Page 1 of 3
                                                         H-1523                         HEARING DATE             OCTOBER 8TH, 2002

                                               Wilson, Dowd to Henry St.

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

                                      CIHOS STANLEY      900 WILSON AVE    MUSKEGON     Ml 49441   $2,134.04       $0.00   $2,134.04     ('f
24-665-000-0253-00   900 WILSON AVE

24-665-000-0256-00   911 WILSON AVE   JENSEN MICHAEL P   911 WILSON AVE    MUSKEGON     Ml 49441   $1,342.38       $0.00   $1,342.38

24-665-000-0255-00   912 WILSON AVE   BRUCKBAUER LEONA 912 WILSON AVE      MUSKEGON     Ml 49441   $1,342.38     $503.91   $1,846.29

24-665-000-0345-00   919 WILSON AVE   BOLEMA LONNIE      919 WILSON AVE    MUSKEGON     Ml 49441   $2,013.57       $0.00   $2,013.57

24-665-000-0346-00   920 WILSON AVE   TENBRINK BRADD/MA 920 WILSON AVE     MUSKEGON     Ml 49441   $1,342.38     $184.09   $1,526.47

24-665-000-0373-00   944 WILSON AVE   GILL NORMA         944 WILSON AVE    MUSKEGON     Ml 49441       $922.46     $0.00     $922.46 ·     1



24-365-000-0008-00   949 WILSON AVE   JOHNSON HELEN M    949 WILSON AVE    MUSKEGON     Ml 49441   $1,723.41     $882.49   $2,605.90 · ·

24-665-000-0374-00   950 WILSON AVE   GILL NORMA         944 WILSON AVE    MUSKEGON     Ml 49441   $1,342.38       $0.00   $1,342.38

24-665-000-0375-00   956 WILSON AVE   PIKAART TERRY L    11755 SAND RD     MONTAGUE     Ml 49437   $1,342.38     $430.90   $1,773.28 ' -,

24-665-000-0466-00   968 WILSON AVE   EVANS PAULINE R    968 WILSON AVE    MUSKEGON     Ml 49441   $1,342.38       $0.00   $1,342.38

24-665-000-0467-00   972 WILSON AVE   LINK MARCUS A      1960 S MILL IRON RD MUSKEGON   Ml 49442   $1,342.38     $449.38   $1,791.76 '

24-665-000-0468-00   976 WILSON AVE   KAMROWSKI TERRI    976 WILSON AVE    MUSKEGON     Ml 49441       $901.80     $0.00     $901.80

24-665-000-0489-00   996 WILSON AVE   GROGAN THOMAS      996 WILSON AVE    MUSKEGON     Ml 49441   $2,161.58     $667.21   $2,828.79 : ·




    9/27/02
                                                                                                                    Page 2 of 3
                                     H-1523                           HEARING DATE         OCTOBER 8TH, 2002

                             Wilson, Dowd to Henry St.

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


            TOTALS                                                             $56,694.57 10,194.19 $66,888.76

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


                                  BOARD OF ASSESSORS




                                                                    DATE


                       ~oLAWRENCE SPATARO   C
                                                               /0-9£Jd-
                                                                    DATE




  9/27/02
                                                                                               Page 3 of 3
                                                            H-1523                      HEARING DATE            OCTOBER 8TH, 2002

                                                 Wilson, Dowd to Henry St

                                                    CDBG APPROVED
                                                                                                                DR APP
PARCEL                @                 OWNER                     MAILING ADDRESS                    PAVING       /SW        TOTAL
24-665-000-0014-00    2083 HENRY ST     PEARSON JOHN H ET   2083 HENRY ST    MUSKEGON   Ml 49441    $2,065,20   $206,64    $2,271,84

24-665-000-0107-00     834 WILSON AVE   DAHLGREN BESSIE     834 WILSON AVE   MUSKEGON   Ml 49441    $1,376,80     $0.00    $1,376.80

24-665-000-0466-00     968 WILSON AVE   EVANS PAULINE R     968 WILSON AVE   MUSKEGON   Ml 49441    $1,342.38     $0.00    $1,342.38


                     TOTALS.                                                                       $4,784.38    $206.64   M,991.02




                                                                                                                   Page 1 of 1
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          OCTOBER 8, 2002

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               ROBERTS, Keatinting to Laketon




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Roberts, Keating to
Laketon, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of $34,924.68 would be spread against the seven-(7) 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- 113 ( f)


                       Resolution Confirming Special Assessment Roll

            For Roberts St., 192' N. of the Centerline of Keating to Laketon Ave.


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on January 22, 2002, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

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

            FOR Roberts St., 192' N. of the Centerline of Keating to Laketon Ave.
Continued ...



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

This resolution passed.

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



Nays:    None




                                          CERTIFICATE

Th.is resolution was adopted at a meeting of the City Commission, held on October 8, 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.

Fm1her, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being October 8, 2002.


                                                              City o~ ~skegon

                                              By -~==-=-=----=-
                                                            0 -~ -'--
                                                                  ~-        ~- ~N
                                                                                ~- _
                                                   Gail A. Kundinger, City Cct lerk
                                        EXHIBIT A



            ROBERTS ST. FROM SHERMAN TO LATIMER
                           SPECIAL ASSESSlVIENT DISTRICT

All properties abutting that section of Roberts St. from 192' N. of the centerline of Keating
                                      to Laketon Ave.
             ROBERTS ST. FROM KEATING TO LAKETON

                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
       0




                     AFFIDAVIT OF MAILING


STATEOFMICHIGAN      )
                     ) ss
COUNTY OF MUSKEGON)

       TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

              H-1512, ROBERTS-KEATING TO LAKETON

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 27rn OF SEPTEMBER, 2002

                                 -LO ✓ ~ µj
                                 GAIL A. KUNDINGER, CIT~         LERK
                                                                         -




SUBSCRIBED AND SWORN TO BEFORE ME THIS
  10            {[)ct-£? ~
                                               i   -   •   ..
       DAY OF                   , 2002.


                                               ~
                                                        JOANN M. KRUKOWSKI


   ~PUBLIC,
                                                        Notary Public - Michigan

     {h.__\,-,,, ' )<Gu lL k )e:
            MUSKEGON COUNTY, MICHIGAN              ~
                                                           Muskego(! County
                                                   My Comm:ssion fapi res May 13, 2005
                                                                     -   -




MY COMMISSION EXPIRES
                         - -S-
                             ~ .l °'s - 0 S'
                                -----
September 27TH , 2002




OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49441-1904



Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS


    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:

                   Milling & Resurfacing of Roberts Street.Keating Ave to Laketon Ave

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
OCTOBER 8TH, 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 OCTOBER 8TH, 2002 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL(517-334-6521).
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $109,000 of which $34,924.68
will be paid by special assessment. If the special assessment is confirmed, your property will be
assessed $XXXX based on XXX feet assessable front footage at $18. 00 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 $XXXX. Following are the
terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                       Interest Rate: 5% per year
                                First Installment: $XXX.XX PER YEAR
                                    Due Date: December 8th, 2002
0
 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,


H""1r&.dt.~1/dtf
 Mohammed AI-ShateliP.E.
 City Engineer




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

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

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

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

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

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

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

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

     •   Be a citizen of the U.S.

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

     •   Have a special assessment of $300.00 or more.

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

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

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




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# _ _-_ _-_ _




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 SIGNA'flJii;E
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.
                                                    ;'_;;~OR OFFICE USE.Ql'{[JY:•"•
APPROVED (              DENIED ( )          DATE _ _ _ _ CENSUS TRACT NO. _ __

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


COMMENTS/REMARKS
                                                    **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                           CITY OF MUSKEGON
                                       NOTICE OF PUBLIC HEARINGS
                                CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                         SPECIAL ASSESSMENT DISTRICTS:

                               HARVEY, KEATING TOS. END(900' OF GRAVEL ROAD)
                                          LEON, HARRISON TO CROZIER
                                        RIDGE, GLENSIDE TO CUMBERLAND
                                         ROBERTS, KEATING TO LAKETON
                                                          AND
                                             WILSON, HENRY TO DOWD

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

                       •       All parcels abutting Harvey Street from Keating to the South End
                           •      All parcels abutting Leon St. between Harrison and Crozier
•   All parcels abutting Ridge St. between Glenside and Cumberland
              •    All parcels abutting Roberts Street from 192' N. of CL of Keating to Laketon Ave.
          •       All parcels abutting Wilson from Henry St. to 75' W. of the Westerly R-0-W of Dowd


PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon
Commission Chambers on OCTOBER 8, 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 rolls that have been prepared and submitted for the purpose of said hearing and for examination by those
persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours
at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.

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

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

                                                                         Gail A. Kundinger, City Clerk
Publish: SEPTEMBER 28, 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, Ml 49440
                                        (23 I) 724-6705 of TDD (231) 724-6773
                                                                        RECEIVED
                                                                        CITY OF Ml lSl<Fr,ON
                                   CITY OF lvIUSKEGON
                                                                               JAN 2 9 2002
                                 Resolution No.     2002-   :o (b)
                                                                         l
               Resolution At First Hearing Creating Special Assessment District
            For Roberts St., 192' N. of the Centerline of Keating to Laketon Ave.
                    Location and Description of Properties to be Assessed:
                           See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on Jannary 22, 2002 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by
     law.

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

3.   At the hearing held January 22, 2002, there were          o % objections by the owners of
     the property in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

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

2.   The City Commission has considered the value of the property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the 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       Buie                               and     Larson
       and the City Assessor who are hereby directed to prepare an assessment roll.
                                                                                                                             -----==="'-------
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 20.42% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes _ __,S,_,_h"'e"'p"-'h"'e"-r.,,.d_,_,-'S"-p""a""'t""a"-r-"o_,_,_W""a"'r'"'m"'i"'n~g~t~o'
                                                                                           ·       -'-n,.,,~B~ui~·e~,. .,G""a'--'w'-'-r-"o-'-'n_,_,_L=ca=crccscc.co~n~,----=a~n~d_ _ __
                        hweifler

       Nays_ _ _ , N ~ o ' - ' - n " ' e ~ - - - - - - - - - - - - - - - - - - - - - - - - - - -



                                                                                                               CITY OF MUSKEGON




                                                                ACKNOWLEDGMENT

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

                                                                                                 CITY OF MUSKEGON
                                        EXHIBIT A


            ROBERTS ST. FROM SHERMAN TO LATIMER

                           SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Roberts St. from 192' N. of the centerline of Keating
                                      to Laketon Ave.
            .1SNl3N




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                           AFFIDAVIT OF lVIAILING


STATE OF MICillGAN  )
                    ) ss
COUNTY OF JvIUSKEGON)

 TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

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



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 NA1\1E 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
UNITEDSTATESMAILRECEPTACLEONTHE11TH DAYOFJ            ARY 2002.

                                                    aJ-   Q~
                                         GAIL A. KUNDINGER, CITY   ERK


SUBSCRIBED AND SWORN TO BEFORE ME Tms
 deft/, DAYOF    ,laouev         ,2002.


~ P U B ~ C , M!s~N COUNTY, MICHIGAN
 Lind"    S.   /lof-fl',
MY COMMISSION EXPIRES          '/- o?-S--o   ;2..
                                                            H-1512                             HEARING DATE               OCTOBER 8TH, 2002

                          Milling & Resurfacing of Roberts Street,Keating Ave to Laketon Ave

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

24-133-100-0008-00    1183 LAKETON AVE   GR MUSK HOUSING C 1065 4TH ST          MUSKEGON       Ml 49441-1     $4,950.00    $0.00   $4,950.00

24-133-100-0009-00    1875 ROBERTS ST    NEWKIRK ELECTRIC A 1875 ROBERTS ST     MUSKEGON       Ml 49442       $9,755.10    $0.00   $9,755.10

24-133-200-0001-00    1225 LAKETON AVE   EARTHGRAINS COMP   8400 MARYLAND AVE ST LOUIS         MO63105        $3,204.00    $0.00   $3,204.00

24-133-200-0005-00    1842 ROBERTS ST    LORIN INDUSTRIES   1960 ROBERTS ST     MUSKEGON       Ml 49442       $1,944.00    $0.00   $1,944.00

24-133-200-0007-00    1894 ROBERTS ST    KERSCO DIVISION INC 1960 ROBERTS ST    MUSKEGON       Ml 49442       $7,168.50    $0.00   $7,168.50

24-133-200-0008-00    1960 ROBERTS ST    LORIN INDUSTRIES   1960 ROBERTS ST     MUSKEGON       Ml 49442       $5,812.20    $0.00   $5,812.20

24-215-014-0001-00    1975 ROBERTS ST    LORIN INDUSTRIES   1960 ROBERTS ST     MUSKEGON       Ml 49442       $2,090.88    $0.00   $2,090.88


                     TOTALS                                                                                 $34,924.68     $0.00 $34,924.68

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


                                                          BOARD OF ASSESSORS




                                            ~~~
                                                r~
                                            ,,ciL .....                        10/1 /oz...
                                                                     CITY COMMISSIONER       DATE

                                             &do#~
                                             BILL LARSON
                                                                               10/f/o .2:..,
                                                                  CITY COMMISSl6NER          DATE




   9/27/02
                                                                                                                            Page 1 of 1
                 Commission Meeting Date: October B, 2002




Date:         September 27, 2002
To:           Honorable Mayor and City Commissi.on~
From:         Planning & Economic Development           ?{J__)
RE:           Request for final Planned Unit Development approval for
              1350 Hackley Ave. (Hackley Glen).


SUMMARY OF REQUEST:

Request for final approval for the Planned Unit Development and associated site,
landscape and utility plans for the current Hackley Glen property, for a mixed-use
residential development, containing senior, family apartment and possible future
condominium units. The request is from Ruddiman Associates Limited Partnership.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the final PUD and associated plans provided that the
conditions listed in the attached resolution are met.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended final approval of the PUD and associated
plans, with the conditions listed on the attached resolution, at a special meeting on
9/26. The vote was unanimous, with S. Warmington, B. Smith, M. Kleaveland and J.
Aslakson absent.




9/27/2002
 w

z~~··

 ;:
                                       Staff Report [EXCERPT]
                                        CITY OF MUSKEGON
                                      PLANNING COMMISSION
                                         SPECIAL MEETING

                                            September 26, 2002


Hearing; Case 2002-39: Request for final Planned Unit Development approval for a mixed-
use housing development at Hacldey Glen, 1350 Hacldey Ave., by Ruddiman Associates
Limited Partnership.

BACKGROUND
Applicant: Ruddiman Associates Limited Partnership
Request: Final PUD approval for a mixed-use housing development.
Present Land Use: Housing development
Zoning: RM-I, Low Density Multiple-Family Residential


STAFF OBSERVATIONS - PLANS ALREADY DISTRIBUTED SEPARATELY FOR THIS
I. The preliminary PUD and conceptual site plan for this proposed redevelopment were approved
   by the Planning Commission on August 15, 2002 and by the City Commission on August 27,
   2002. The applicants are now asking for a final PUD approval, including final approval of their
   site plan.
2. The applicant is proposing a mixed-use housing development in several phases. The first two
   phases, for which they are seeking a Planned Unit Development (PUD) approval at this time,
   include a senior housing complex as well as 2-story multi-family apaiiment units. Future
   development on the property is proposed to include additional multi-family apaiiment units and
   possible condominium units as well.
3. Since the previous meeting, the applicant has addressed several issues that various City
   depaiiments had with the conceptual plan. These concerns included locations of relocated
   utilities for the development and access to those utilities, fire access for the senior housing
   complex, and the amount of open space that both the City and MSHDA (Michigan State
   Housing Development Authority) required for the development.
4. The proposed development includes the complete vacation of Glenmoor St. and of Willow St.,
   and capping or relocation of the existing utilities underneath these streets. The Department of
   Public Works is satisfied that all concerns regarding existing utilities in these streets have been
   addressed by the developer on the enclosed utility plan and will continue to work with them
   regarding any utility issues that come up during construction of the development.
5. The street vacation requests for Glenmoor and Willow Streets will be on the regular October
   Planning Commission agenda. Staff has no objections to vacating either of these two streets,
   given the utility and fire access issues that have been addressed by the developers.




City of Muskegon Planning Commission - 9/26/02                                                           I
6. A signed easement agreement has been provided to staff for the relocated utilities on the site.
   However, the agreement does not list legal descriptions for these easements, instead refening to
   an exhibit which shows them on a map. The easement agreement should be amended to include
   exact legal descriptions for all utility easements.
7. The City Engineer had asked the developers to provide an easement for a right-of-way across
   their property to a portion of vacant, City-owned property to which there currently is no access.
   The developer had verbally agreed to this, and the location of the easement is shown on the site
   plan. A dedicated easement agreement for a legally described right-of-way needs to be
   provided, signed and recorded.
8. There are two proposed free-standing signs for the development. One is located at the corner of
   Hackley Ave. and Parslow St., near the welcome center and the other is located further down
   Hackley Ave., at the other entrance to the complex. The Zoning Ordinance allows one free-
   standing sign per major road frontage for residential developments and although Hackley Ave.
   is a major street, Parslow St. is not. Therefore the ordinance would only permit one free-
   standing sign for this development. However, as a PUD, the Planning Commission has some
   flexibility to allow additional signage if they feel it is wan-anted. The two signs are proposed to
   be identical in size and appearance and are shown on the site plan.
9. Staff has reviewed the submitted final site plan and has the following comments:
    a. The site plan is very thorough, but staff did note a few minor adjustments/changes which
       should be addressed by the developer.
    b. Although the interior street names are shown on the plan, the exterior streets (Hackley Ave.,
       Parslow St.) need to be labeled as well.
    c. Since the development is located on a corner, there are required front setbacks along both
       street frontages. The building setbacks along Parslow St. are shown to be approx. 23 feet,
       which meets ordinance requirements for the RM-I district (20-foot requirement). A 10-foot
       average greenbelt needs to be provided along Parslow as well - this needs to be shown on the
       site plan. The building setback along Hackley Ave. is shown as at least 70 feet for the
       proposed senior center. No building setback is shown for the proposed Welcome Center. A
       I 0-foot average greenbelt needs to be provided along Hackley as well and needs to be
       indicated on the site plan.
    d. Although dimensions of the proposed are shown on the building floor plan layouts included
       in the information provided by the developer, they need to be indicated on the site plan as
       well.
    e. The numbers of spaces in each area of parking is labeled on the site plan - two of these
       appear to be inaccurate. The lot to the west of the proposed senior center shows 12 actual
       spaces where it is labeled' 1O', and 15 spaces where it is labeled '12'. This should be
       conected.
    f.   There are 112 units in the proposed senior center, which requires 224 parking spaces by
         ordinance requirements (2 spaces per unit for multi-family uses). Two spaces per unit seems
         excessive for a use where most of the inhabitants probably do not drive or own cars. This
         use could be looked at more similarly to a convalescent home, which only requires one
         space for each 4 beds and one space for every 3 employees. The site plan shows 118
         parking spaces provided for the 112 units, and staff is satisfied that this should be sufficient

City of Muskegon Planning Commission - 9/26/02                                                          2
         parking for the senior center.
    g. There are 8 'cottage' units shown on the plan. It is unclear on the site plan where the
       required parking spaces are to be provided for these units, as only one parking area of 6
       spaces is shown. The developers have indicated that each cottage unit will have a garage
       and a driveway providing a total of 2 spaces per unit, and the extra 6 spaces are intended as
       visitor parking. This would meet ordinance requirements and should be clearly indicated on
       the site plan.
    h. There are 151 proposed apartment units, which would require 3 02 parking spaces. The site
       plan indicates that 315 spaces are provided - staff counted a total of 298, plus 20 spaces for
       the welcome center. Staff is satisfied that the parking requirements for the apartment units
       have been met.
    1.   The Zoning Ordinance requires that maneuvering lanes for parking areas be at least 22 feet
         wide. Some of the lanes shown on the site plan are only 20 feet wide. However, as the
         ordinance only requires parking spaces to be 18 feet long, some of the spaces shown as 20
         feet long could be shortened to provide the additional 2 feet of maneuvering space. This
         should be indicated on the site plan.
   J.    The only adjoining properties to this site are other multi-family developments, so no
         screening is required from these adjoining properties.
    k. The applicant has provided a stormwater management plan for the site. The site plan shows
       one proposed stormwater detention area on the west side of the development. The
       developers had discussed with the City Engineer a second stormwater detention area to the
       north of the development, which is described in the stormwater management calculations,
       but is not shown on the site plan. Even though this area would be in the portion of the
       development labeled "Phase III" which is not to be developed at this time, the stormwater
       detention area needs to be shown as it will contain stormwater from earlier phases of the
       development. The City Engineer will need to approve the stormwater management plan.
    I.   Sidewalks are shown on the site plan throughout the development as well as along Hackley
         Ave. A 6' bike lane is also proposed to be located along the 'ring road' around the
         development (Rosewood Ln., Woodcreek Ave., and Van Dinther St.). This lane would be
         posted with 'no parking' signs in order to keep clear for bicycle or pedestrian traffic.
         However, the sidewalks are not labeled, and are shown as light gray lines which are difficult
         to pick out on the plan. They should either be labeled or shown with darker lines in order to
         call out specifically where all proposed and existing sidewalks are located.
    m. A 26 foot access drive has been added to the site plan for emergency access to the rear of the
       proposed senior center, and the parking lots smTounding the senior center now show 26-foot
       wide access lanes as well. This meets fire code requirements for the senior center. The Fire
       Marshal wants to make sure that access to all structures remains unobstructed during
       demolition and new construction at all times for fire access. He has also stated that he
       requires that all of the water supply shall remain in service. A flow test will be required
       after installation of the 8" water main. The development must comply with IFC Appendix
       B, Table B 105.1 for minimmn required fire flow and flow duration for buildings. Flow test
       results shall be submitted to the Fire Marshal and the Dept. of Public Works after the test.
    n. There are two 'tot lots' proposed for the development, both toward the east side of the


City of Muskegon Planning Commission - 9/26/02                                                          3
           development. Given that there is quite a bit of open space near the center of the
           development, staff feels that one of the lots could be relocated more centrally within the
           development in order to be more accessible to residents on the west side. Alternately, a third
           tot lot could be provided toward the west side of the development to accommodate those
           residents.
      o. The proposed landscape plan shows that many of the existing trees are proposed to be
         retained. These are clearly marked on the plan. Additional landscaping is shown on the
         plan as well, as well as a typical landscape plan for the apartment buildings. Sizes and
         species of the proposed landscape materials are shown and satisfactorily meet ordinance
         requirements.
     p. The zoning ordinance requires that parking lots exceeding 5,000 square feet be landscaped
        with extra islands or bump-outs. Many landscape islands and bump-outs are shown on the
        site plan, but these should be landscaped where possible. Staff understands that snow
        storage is also an issue, but several of the larger islands could be landscaped, along with
        some of the smaller ones and bump-outs as well.


PHOTOS




             "r-
Existing apartment office and existing trees (near where senior facilities would be located).                Some of the existing apartment units.




Existing area with mature trees and benches off of Hackley Avc.                View of existing development from Hackley Ave.




City of Muskegon Planning Commission - 9/26/02                                                                                                  4
DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
   adjacent use and development.

2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
   increased traffic, noise, vibration, or light.

3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.

4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
             a. proper ingress and egress
             b. sufficient parking areas, streets, roads and alleys
             c. screening walls and/or fences
             d. adequate fire and police protection
             e. provisions for disposal of surface water run-off, sanitary sewage
             f. adequate traffic control and maintenance services
             g. preserves property values to related or adjoining properties.




City of Muskegon Planning Commission - 9/26/02                                                      5
                                   CITY OF MUSKEGON

                                    RESOLUTION #2002-114 (a)

   RESOLUTION FOR FINAL PLANNED UNIT DEVELOPivfENT APPROVAL FOR 1350
                     Hackley Ave. (current Hackley Glen site)

 WHEREAS, a petition for a planned unit development was received from Ruddiman Associates
 Limited Partnership and,

WHEREAS, a planned unit development will allow a mixed-use residential development,
containing senior, family apartment and possible future condominium units; and,

WHEREAS, the planned unit development received preliminary approval from this City
Conunission on August 27, 2002; and,

 WHEREAS, proper notice was given by mail and publication and public hearings were held by
 the City Planning Conunission and by the City Conunission to consider said petition, duriog
·which all interested persons were given an opportunity to be heard in accordance with provisions
 of the Zoning Ordinance and State Law; and

WHEREAS, the Planning Conunission and staff have recommended approval of the final Planned
Unit Development and associated site, landscaping and utility plans with conditions as follows:.

1. Any buildings from the existing development remaining after Phases I and II are complete will
   be demolished once residents have been relocated to the new buildings. A copy of any
   assurances given to MSHDA or other entities regarding this will be provided to staff.
2. The developer and management will work with the current tenants of the development to
   ensure a smooth transition as building demolition and new construction occur.
3. Access to all structures shall remain unobstructed duriog demolition and new construction at
   all times for fire access. All of the water supply shall remain in service. A flow test will be
   performed after installation of the 8" water main. The development must comply with IFC
   Appendix B, Table Bl05.l for minimum required fire flow and flow duration for buildings.
   Flow test results shall be submitted to the Fire Marshal and the Dept. of Public Works after the
   test.
4. An easement agreement for a legally described, dedicated private easement to the vacant,
   City-owned property to the west of the subject property needs to be provided, signed and
   recorded.
5. . The provided easement agreement for utility easements needs to be amended to include
     specific legal descriptions for all proposed utility easements.
6. A revised site plan needs to be submitted for final staff approval. The revised plan shall
   include:
   a. The names of the exterior streets shall be shown on the plan.
     b. Ten-foot greenbelt buffers need to be shown along both the Hackley Ave. and Parslow St.
        frontages. The building setback for the Welcome Center from Hackley Ave. needs to be
        shown as well.
    c. Building dimensions need to be indicated on the site plan, or in an attached narrative.
    d. The inaccurate labels for parking space totals need to be corrected.
    e. The proposed garage and driveway parking spaces for the cottage units need to be shown
       or labeled on the plan.
    f.   All maneuvering lanes shall be a minimum of at least 22 feet wide and need to be labeled
         as such on the site plan.
    g. The proposed stormwater detention area to the north of the development must be shown
       and clearly labeled on the site plan. The proposed storrnwater management plan is subject
       to final approval from the City Engineer..
    h. All proposed sidewalks must be either noted with darker lines or labeled clearly on the site
       plan. The sidewalk plan will reflect what is shown on the landscape plan, with
       connections through to the main streets.
    i.    One of the tot lots needs to be relocated more centrally in the development, or a third tot
          lot needs to be provided that will be more accessible to residents on the west side of the
         .development.
   j.    Additional landscaping in landscape islands and/or bump-outs needs to be shown on the
         landscape plan.

NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the final planned unit development is hereby approved
with conditions.

Adopted this 8th day of October, 2002

         Ayes:     Buie, Gawron, Larson, Schwei fl er, Shepherd, Spataro, Warmington

         Nays:     None

         Absent:     None




                                                Attest:    L
                                                          Gail A. Kundinger, MMC, C
                                                                                           '
                                                                                       t.A...J
                                                                                        Clerk
                        CERTIFICATE (Final PUD for 1350 Hackley Ave.)

         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 8th day of October, 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 certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and
that minutes were kept and will be or have been made available as required thereby.

DATED:     Q ~ I (,,               , 2002.         Lo~~
                                                      0
                                                Gitil A. Kundinger,~
                                                Clerk, City of Muskegon
                           CITY COMMISSION MEETING
                              Tuesday October 8, 2002



TO:           Honorable Mayor and City Commissioners

FROM:         Anthony L. Kleibecker
              Chief of Police

DATE:          October I, 2002

SUBJECT:      Purchase of Computer Hardware



SUMMARY OF REQUEST:

Police Department staff requests that the Commission approve the use ofFY2000 Local
Law Enforcement Block Grant Funds to purchase new computer hardware. Working in
conjunction with the Information Technology Department, a data system has been
designed for use within the Police Department that will allow for the following:

•   Software updates from a central location-saving staff time and money
•   The development of a secure MPD database-allowing for potential web applications.
•   Communication to outside organizations runs through one access point-providing for
    greater security and management.
•   A new high capacity backup unit.
•   Increased life expectancy for our PC's
•   The groundwork for a system that would allow for wireless downloads of reports
    from the cruisers.

FINANCIAL IMPACT:

Cost for this system is $28,211. There is no impact on General Fund monies. This grant
expires at the end of this month.


BUDGET ACTION REQUIRED:

None


STAFF RECOMMENDATION:

Approval of the request.
                                             Muskegon Police Department Advanced Software Management Solution



                                               •.
                                             Workstation                                    Reports                                       All reports could inttially be created on a secure
                                                                                           Database                                       MUPD database, then a copy sent to dispatch.
                                                                                                                                          This allows us easy access to data using modem
                                                                                                                                          technology.

                                                                                                                                          This affords us the ability to offer news agencies,
                                                                                                                                          Jaw firms and other organization that currently
                                                                                                                                          lookup this data, the ability to use the web for a
                                                                                                                                          fee. Outside organizations save because onsite
                                             Workstation                                                                                  visits are no longer necessary.




                                                                                                                                                                            Norton Shores

       Workstation replacement
       costs will be reduced - the
       majority of processing power          Workstation
       for applications will come                                                                                                                                                  Heights
       from the Citrix Server.

       Theoretically, the life                                                             High Capacity              Citrix ~rver
       expectancy of new systems
                                                           1
                                                                 I   n,.··•••"'1•   ,,01    Backup Unit
                                                                                              (3,800)
                                                                                                                  (6,435 for ardware)
                                                                                                            (11,640 for softwa e and training)
       would double from 2 to 4+
       years.

       Average life span of a                Workstation
       computer system currently at
       2 to 3 years.                                                                          Primary Domain Controller/
                                                                                             Server could be retired. This
                                                                                              system would be used as a
                                                                                                                                          All applications run on this Cltrix server.
                                                                                               backup domain controller
                                                                                                                                          Communication to outside organizations reduced
                                                                                                without data storage or
                                                                                                                                          to one access point - this allows for greater
                                                                                                  strictly for Records
                                                                                                                                          security, tracking and management
                                                                                                     Management.
                                             Workstation
                                                                                                                                          Because all applications run on this server,
                                                                                                                                          software updates occur once, on the server - this
                                                                                                                                          saves IT staff from having to visit each PC during
                          Costs                                                                                                           upgrades, etc.

Citrix Server Software & Training: $11,640                                                                                                Centrally managed software vs. workstation
Cttrix Server: $6,435                                                                                                                     managed software means all users are running
MUPD Server. $6,4¥i                                                                                                                       exactly the same software as their co-worker.
Tape Drive: $a;ee& -.370.1. oa                                                     NewMUPO                                                Provides greater peer support and
                                                                                  Central Server                                          understanding.
                                                                           All Data other than Records
Total $28,310                                                                        ($6,435)




                                                                                                               ~------- ---   ~~    - -   - ----~-·-
                               Vendor Recommendation



The Information Technology Department has recommended the purchase of the
following hardware from the following vendors based upon the quotes received:

Citrix Server Software and Training                      $11,640
CDW
230 North Milwaukee Avenue
Vernon Hills, IL 60061

Servers (2)                                              $12,870
Dell Corporation
Austin, TX

High Capacity Tape Drive                                 $ 3,701
CDW
230 North Milwaukee Avenue
Vernon Hills, IL 60061
Maurer, Jim
From:                      Dave Bulkley [dbulkley@1nee.com]
Sent:                      Friday, September 27, 2002 2:15 PM
To:                        Maurer, Jim
Subject:                   Citrix Quote




 001.xlt (978 KB)

                    Jim,

Here's a new quote listing both options for the CTX-1221 training class at either New
Horizons or Async Associates.

Talk to you soon.
Regards,
Dave



Dave Bulkley
Citrix Product & Licensing Consultant
National Computer Enterprises - NCE
Phone: 586-532-6231 ext 111
Fax: 586-532-0615
Cell: 586-420-8605
dbulkley@lnce.com




                                                         1
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          .·.::::;.··::;;;::::·                                                                                                                   Proposal!_l}_d__Q_uolc1tion OQ1
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 ;an,e:            Jim Maurer                                                                                                                     Date:~
!Compaiy:          City OI' Uuslcegeon                                                                                                           !Nation~ Compute!'" Ent«prise$

                   231·724-6964
                   ,ilmd8sllorellnedty.c:om
                   llusll:!fton, 11                                                                                                               Office: (586J 512-IZ!1




                         EW2Z(pS0020                     -MeiaFral'Tle XPS°:- St11rtef 8YStl!!m With SUbserlptlon AdV11ntage (20 Users)                      $(,139,001


  2                      EW2,ctSOOt0                     MetaFrame XPs: 10-Uset Connection License Pack                                                      $2.('69.70:               S2,069.70

                            CTX-1221                     MetaFnime XPs 1.0 Windows Admlnlstn1tor's cIau• {4-08y Class)                                       $2.295.00                 $6,885.00

                                                                                                                                                                                       ss, 100.00
  •                         CTX-1221                     MetaFrame XPs 1.0 Windows Administrator's Class .. (4-0ay Ch:iu)                                    $1,700.00

                                                         •tr--.g- Oil Allyne -ocl.t•
                                                         1. .   t r ~ ..... •N-w-Hor.tro. .




                                                                                                                                                                                          "·"



Nahonal Computer Enterprises
Ann: Dave Bulkley
Fa,c#: (586) 532--0615
OH1ce· (586) 532-6231
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Maurer, Jim
From:                      Dave Bulkley [dbu1kley@1nce.com]
Sent:                      Thursday, September 26, 2002 1:59 PM
To:                        Maurer, Jim
Subject:                   Citrix Quote




 001.xlt (978 KB)

                    Jim,

Attached please the quote for your Citrix software. I HIGHLY recommend the CTX-1221 course
through Brian Carnbier at Async Associates. From my experience, he is regarded as one of
the best Citrix Certified Instructors
(CCI) in the nation. His class might be a little more than others, but it is excellent
while others are just average. Take my word for it.
I'll follow up with you soon.
Regards,
Dave



Dave Bulkley
Citrix Product & Licensing Consultant
National Computer Enterprises - NCE
Phone: 586-532-6231 ext 111
Fax: 586-532-0615
Cell: 586-420-8605
dbulkley@lnce.com




                                                        1
Maurer, Jim

From:                   Dell Online Sales (commerce_opspagemaster@dell.com]
Sent:                   Monday, September 23, 2002 2:19 PM
To:                     Maurer, Jim
Cc:                     Maurer, Jim
Subject:                Dell Computer - Saved Quote Information


Dear JIM MAURER,

This requisition for computer equipment from Dell Computer
Corporation has been sent to you from jason.boes@shorelinecity.com.           An E-Quote
has been saved in their name at the Dell Online Store for you to
review and approve. This E-Quote will be held for 45 days to
allow for completion of the order.

E-Quote Information

E-Quote Number: E002212782
Replaced E-Quote Number:_
E-Quote Name: dell CITRIX server
Saved By: JASON BOES
Saved On: Monday, September, 23, 2002
Expires On: Thursday, November, 07, 2002

Your Comments:
CITRIX server

E-Quote Description:
CITRIX server rackmount
E-Quote Items
Item#: 1
Description: Base--PowerEdge 2600, Intel Xeon 2.4GHz/512K Cache
Quantity: 1
Single Item Cost: $6,435.00
Sub-Total for Item: $6,435.00


Grand-Total: $6,435.00

To retrieve this E-Quote

1. Visit the web site at Dell.com
2. Enter the online store for Michigan State Store
3 . Click on "retrieve an E-Quote u
4. Fill out the retrieval screen as follows and press continue:
           E-Quote Number: E002212782
           E-Quote Name: dell CITRIX server
           E-Mail Address: jason.boes@shorelinecity.com
           The E-Quote Number and one of the other identifiers
           listed (E-Quote Name, E-Mail Address) are required to
           access this cart.


Thanks for shopping the Dell Online Store and for using our
E-Quote service. We hope you find it useful in making your
purchase and will continue to think of Dell.com for all of
your computing needs.
Sincerely,
Dell Online Sales


                                                    1
Maurer, Jim

From:                        patobri@cdwg.com
Sent:                        Monday, September 23, 2002 12:26 PM
To:                          Maurer, Jim
Subject:                     CDW-G Quote HW96477


 Jim -
 The training is offered in a couple of locations, but I thin
 k the Chicago area one is closest to you. Other locations a re Allentown, PA; Orlando,
FL; Ft. Lauderdale, FL; and Cali.  If you ordere the training before Oct. 7 the price is
only$ 1280. Thanks!

 This e-mail best viewed in a fixed font such as Courier.

 JIM MAURER

 Thank you for choosing CDW-G for your computing needs. Following are                   the details of your
quote.

 Quote Date:              9/23/2002
 Quote Number:           HW96477
 P.O. Number:            CITRIX            QUOTE
 customer#:              1856159

 Payment Terms: MasterCard/Visa Govt
 Shipped Via:   UPS Ground


      QTY        ITEM       DESCRIPTION/MFG. PART NUMBER                UNIT PRICE     EXT. PRICE

            1   393350      CITRIX MF XPS V2 START SYS 20U W/SUB           4560.00        4560.00
                            CRX-EW22XPS1020

            1   277524      CITRIX MS XPS Vl.0 CONN PK l0U                 2280.00        2280.00
                            CRX-EW24CLS0010

      ..3 l.    369548      PPI 1221 CITRIX METAFRAME XP WIN ADM           1600.00         1600.00
                            PPI-10005487

                            Date: 09/23/02     Time: 08:30
                            Chicago, IL
                            Event Id: 15436624


 Subtotal                              8,440.00
 Sales Tax                                  . 00
 Freight                                    .00
 Total                                -8,446.00    /I, G,...,,:O




 Ship To:                                                  Bill To:
 CITY OF MUSKEGON                                          JIM MAURER
 933 TERRACE ST                                            933 TERRACE ST
 JIM MAURER                                                MUSKEGON MI 49440-1348
 MUSKEGON MI 49440-1348



 If you find any discrepancies or I can be of further assistance,                    please feel free to
contact me.

 PAT O'BRIEN
                                                               1
 Direct line: 8778982997
 Fax Number: 8473712184
 E-Mail:      patobri@cdwg.com



 Click here to purchase, amend or view this quote via your    CDWG@work extranet:
http:/www.cdwg.com/r.asp?n=27145&cdwquotenumber=HW96477

 Please note that you will need a user name and password for our site in order to log on
to your CDWG@work extranet. Need one? Get one at: http://www.cdwg.com/eaccount For
future reference, you may also use your extranet to view· your order history and the
status of all of your CDW-G orders. You can also use your extranet to view your quote
history or retrieve new quotes.

 CDW-G(r)
 The Right Technology. Right Away. (tm)
 www.cdwg.com

 Corporate Headquarters:
 230 N. Milwaukee Avenue
 Vernon Hills, Illinois 60061
 1-800-808-4239
 Business Hours:
 Monday-Friday, 7am-7pm
 Will Call Pick Up Hours:
 Monday-Friday, 9am-7pm (Vernon Hills)
 Monday-Friday, 8am-6pm (Chicago)
 Saturday, 9am-2pm (Vernon Hills)
 Saturday, Closed (Chicago)
 Sunday, Closed

 All information subject to CDW-G's terms and policies.
 For more details, contact a CDW-G account manager or go to    http://www.cdwg.com/r.asp?n=
18531




                                             2
Maurer, Jim

From:                 Dave Bulkley [dbulkley@1nee.com]
Sent:                 Wednesday, September 11, 2002 2:07 PM
To:                   Maurer, Jim
Subject:              RE: Citrix CSN Contact


Jim,

Have you received the MetaFrame XP demo I sent you and if so, is there anything we can
help you out with right now? I want to make sure your pilot goes successful and we'd like
to support you if need be. Please let me know how everything's going.
Regards,
Dave

-----Original Message-----
From: Maurer, Jim [mailto:jim.maurer@shorelinecity.com]
Sent: Monday, August 19, 2002 2:12 PM
TO: 'Dave Bulkley'
Subject: RE: Citrix CSN Contact

Jim Maurer
933 Terrace Street
Muskegon, MI 49443.

-----Original Message-----
From: Dave Bulkley [mailto:dbulkley@lnce.com]
Sent: Monday, August 19, 2002 2:14 PM
To: Maurer, Jim
Subject: Citrix CSN Contact
Jim,

Thank-you for your time today. I'm confident we can show your people the advantages of
Citrix as opposed to using PC's. Please forward me your address and we'll send you a demo
copy of MetaFrame XPa. I'll call you on Thursday.
Regards,
Dave

Dave Bulkley
Citrix Product & Licensing Consultant
National Computer Enterprises - NCE
Phone: 586-532-6231
Fax: 586-532-0615
Cell: 586-420-8605
dbulkley@lnce.com




                                                  1
 Michigan State Store: Customizing Your System                                                                                                Pagel of 2
       1-800-981-3355                                                                            Current Orderform            Retrieve E-Quote      I:   Help

                                                                                                                            Michigan State Store
                                                                                                    Full Catalog     I   Software, Peripherals & Parts

                        blank


                        To configure your system:
                        1. Select from the options listed to configure YOUR Dell system.
                        2. Click "Update Price" button at the bottom of the page to make the pricing reflect any changes you have made.
                        3. Click "Add to Ordertorm~ button at the bottom of the page to add your system to your Order Form.




  View Options:                      r View Drop-clown Usl                       ("" View al! System Options                        r. View Configuration Det;
  Price*:$6,435.00
  Date:                                        Monday, September 23, 2002 1:17:59 PM CST
  Cataloa Number:                              84 Retail RC957164
  Base:                                        PowerEdge 2600, Intel Xeon 2.4GHz/512K Cache
                                               26240. r 221-0240 1
  Additional Processors:                       Single Processor Only
                                               1P-f311-1193]
  Memory:                                      2GB DDR SDRAM (4X512MB)
                                              12GB4D-f311-1786l
  Keyboard:                                    Standard Windows Keyboard, Gray
                                              S-[310-16761
  Monitors:                                   No Monitor Option
                                              N • r 320-0058 l
  1st Hard Drive:                             36GB 1OK RPM Ultra 320 SCSI Hard Drive
                                               610320. r 340-6863 l
  Primary Controller:                         PERC4/Di 128MB (2 Internal Channels) - Embedded RAID
                                              ROMB128 - f 340-6467 l
  Floppy:                                     3.5 in, 1.44MB, Floppy Drive
                                              FD - r 340-3640 1
  Operating System:                           Windows 2000 Server with 5 Client Licenses,4GB Utility Partition
                                              "'2KSVR4 - r 420-0236 1
  Mouse:                                      Logitec Mouse.Gray
                                                 i
                                              L- 310-3776 l
  Network Adapters:                           Intel Dual Port 10/100
                                              IN1 OODP • I 430-0236 I
 CD-ROM:                                      ry4X IDE CD-ROM
                                              CD24X · r 313-12811
 BackPlanes:                                  1X6 Hot-Pluggable Backplane,PE2600
                                              1X6BKPL- r 311-1839 l
 Documentation:                               Electronic Documentation,P2600
                                              EDOCS • f 310-04381
 12nd Hard Drive:                             36GB 1OK RPM Ultra 320 SCSI Hard Drive
                                             13610320 • r 340-6863 l
 Factory Configurations:                      Drives attached to embedded PERC4/Di, RAID 5, Min of 3 drives required
                                              MRSN • f 340-6472 1
 Chassis Style:                               Versa Rails for Third Party Rack,PE2600
                                             13RACKF • f 310-1724 l
 Hardware Support Services:                   3Yr Parts+ Onsite Labor (Next Business Day)
                                              U30S • r 900-6220 900-6222 l
 Installation Support Services:               No Installation
                                              NOINSTL • r 900-9997 l
 Power Supplies:                              Non-Redundant Power Supply,PE2600
                                              NREDPWR • r 310-17271
 <'Ith Hard Drive:                            36GB 1OK RPM Ultra 320 SCSI Hard Drive
                                             S610320 • f 340-6863 l
 r3rd Hard Drive:

http://rcommerce.us.dell.com/rcomm/config.asp?order_code=Wl 148&conum=84&ConfigType=3                                                         9/23/2002
Michigan State Store: Customizing Your System                                                                                                            Page 2 of 2
                                                        36GB 1OK RPM Ultra 320 SCSI Hard Drive
                                                        3610320 · I 340-6863 I
  Uninterrupted Power Supplies:                         Rack Mount 1400 UPS 120V
                                                        ~U14UPS - f 310-6133]




       1-800-981-3355                                                                                      Current Orderform         I   Retrieve E-Quote       I   Help
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http://rcommerce.us.dell.com/rcomm/config.asp?order_code=Wl l 48&conum=84&ConfigType=3                                                                     9/23/2002
Maurer, Jim

From:                       patobri@cdwg.com
Sent:                       Tuesday, September 24, 2002 10:50 AM
To:                         Maurer,Jim
Subject:                    CDW-G Quote HX21859


 Here's pricing for the Quantum SDLT drive.
 Thanks!

 This e-mail best viewed in a fixed font such as Courier.

 JIM MAURER

 Thank you for choosing CDW-G for your computing needs. Following are                 the details of your
quote.

 Quote Date:             9/24/2002
 Quote Number:          HX21859
 P.O. Number:           SDLT             QUOTE
 Customer#:             1856159
 Payment Terms: MasterCard/Visa Govt
 Shipped Via:   UPS Ground


    QTY         ITEM       DESCRIPTION/MFG. PART NUMBER            UNIT PRICE        EXT. PRICE

           1   399963     QUANTUM SDLT 320 SUPER DLT EXT LVD          3 701. 42         3701. 42
                          QTN-TRS23BA-YF

 Subtotal                            3,701.42
 Sales Tax                                .00
 Freight                                  .00
 Total                               3,701.42

 ---------=----==--====-=====--====-----==----==--================--====-=====---
 Ship To:                                            Bill To:
 CITY OF MUSKEGON                                    JIM MAURER
 933 TERRACE ST                                      933 TERRACE ST
 JIM MAURER                                          MUSKEGON MI 49440-1348
 MUSKEGON MI 49440-1348


 If you find any discrepancies or I can be of further assistance,                 please feel free to
contact me.

 PAT O'BRIEN
 Direct line: 8778982997
 Fax Number:       8473712184
 E-Mail:           patobri@cdwg.com


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18531




                                            2
Date:          October 8, 2002
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Amend the Special Assessment Roll
               Sidewalk Replacement Program 2002 (Area ES)

SUMMARY OF REQUEST:

The special assessment roll for the 2002 sidewalk program be amended to remove the following
parcels from the recently adopted roll:

•   1025 Allen (24-142-000-0043-00
•   1370 Langeland (24-750-000-0085-00)

FINANCIAL IMP ACT:

A total of $154,556.20 will be assessed against 296 parcels.




BUDGET ACTION REQUIRED:

None at this time.



STAFF RECOMMENDATION:

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




COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                               Resolution No.      2002-114( c)


                      Resolution to Amend the Special Assessment Roll

                for   THE 2002 SIDEWALK REPLACEMENT PROGRAM


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       properties set forth in Exhibit A attached to this resolution on February 12, 2002, 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. The original roll was adopted September
       24, 2002, and it appears that the roll should be amended to remove the properties located
       at 1370 Langeland (parcel number 24-750-000-0085-00) and 1025 Allen (parcel number
       24-142-000-0043-00).

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 amended roll filed before or at the
       hearing.

THEREFORE, BE IT RESOLVED:

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

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten ( I 0) years. Any assessment which is paid in installments shall carry interest at
       the rate of 5.00% per annum to be paid in addition to the principal payments on the
       special assessment.
RESOLUTION CONFIRMING THE AMENDED SPECIAL ASSESSMENT ROLL
FOR THE 2002 SIDEWALK REPLACEMENT PROGRAM

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:     Lar~on, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron




Nays:     None




                                                               City of Muskegon

                                               By    Jiw✓ Q- ~~~
                                                               rk
                                                     Gai l A. Kundinger, City ci
CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on October 8, 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 October 8, 2002.

                                                                   City of Muskegon



                                                     By   G
                                                          ~o/t 2~9~&
                                                EXHIBIT A


                      SIDEWALK REPLACEMENT PROGRAM FOR 2002

                                 SPECIAL ASSESSMENT DISTRICT

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

Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June 1, 2002.

  All parcels within area E-5 which is bounded by Ryerson Creek to the north, Evanston to
south, Getty St. to the west and Easterly City limits to the east in a addition to 995 Evanston,
                                 1381, 1391 & 1405 Madison
             THE 2002 SIDEWALK REPLACEMENT PROGRAM
                             (Area E-5)

                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.


                               CITY OF Mus:wmill

                               Bs:
BROWN BOBBY W
1025 ALLEN AVE
MUSKEGON, Ml 49442


Property Parcel Number: 24-142-000-0043-00 at 1025 ALLEN 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:

                            H-1535 Sidewalk Replacement Program for 2002

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
September 24th, 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 ON DECEMBER 11, 2001, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
                                       Costs
You had no work done by city contractors-please disregard the bill you received.
The total cost of the project will be paid by special assessment to property owners. If the special
assessment is confirmed, your property will be assessed $00.00 for the work performed. Following are
the terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                       Interest Rate: 5.00%
                                      First installment$00.00
                                  Due Date: November 13th, 2002




                                                                                                       i (Hl
       '            '
Affirmative Ac'tion
(231)724-6703
FAX: (231)722-1214

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

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

City Manager
(231)724-6724
FAX: (231)722-1214      SORENSEN LOUIS/BETTY
                        1370 LANGELAND
Clvll Service                                                     •   "1,'

(231)724-6716           MUSKEGON, Ml 49442-2438
FAX: (231)7244405

Clerk
(231)724-6705
                        Property Parcel Number: 24-750-000-0085-00 at 1370 LANGELAND AVE
FAX: (231)724-4178

Community and
  Neigh. Services
                                NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
(231)724-6717
FAX: (231)726-2501

Computer Info.          Dear Property Owner:
  Systems
(231)724-6744           The Muskegon City Commission has previously approved the project described below and will now
FAX: (131)722-4301
                        consider final confirmation of the special assessment roll:
Engineering Dept,
(231)724-6707                                     H-1535 Sidewalk Replacement Program for 2002
FAX: (231)727-6904

Finance DepL                                                          Public Hearings
(231)724-6713
FAX: (231)724-6768
                        A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
Fire Department         September 24th, 2002 at 5:30 P.M, You are entitled to appear at this hearing, either in person, by
(231)724-6792           agent or in writing to express your opinion, approval, or objection concerning the special assessment
FAX: (231)724-6985
                        Written appearances or objections must be made at or prior to the hearing.
Income Tu:
(231)724-6770           YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
FAX: (231)724-6768      EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT
Inspection Services
                        IS CONFIRMED ON DECEMBER 11, 2001, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE
(231)724-6715           OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL
FAX: (231)728--4371     (517-334-6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR
Leisure Services
                        BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
(231)724-6704           MICHIGAN TAX TRIBUNAL WILL BE LOST.
FAX: (231)724-1196                                                         Costs
                         YOU HAD NO WORK DONE BY CITY CONTRACTORS-PLEASE DISREGARD PREVIOUS BILL
Mayor's Office
(231)724-6701           The total cost of the project will be paid by special assessment to property owners. If the special
FAX: (?31)722-1214      assessment is confirmed, your property will be assessed $000.00 for the work performed. Following
Planning/Zoning
                         are the terms of the special assessment:
{231)724-6702
FAX: (231)724-6790                                      Assessment Period: Ten (10) Years
                                                              Interest Rate: 5,00%
Police Depl11rtmenl
(231)724-6750
                                                             First installment$00.00
FAX: {231)722-5140                                       Due Date: November 13th, 2002
PubUc Works Dept.
(231)724--U00
FAX: (231)722-4188

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

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

W11er FUtrallon
(231)724-4106
FAX: (231)7S5--5290
                                  City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
                                                             un.Vl.v ~hnrPlinPritv rnm
                                                                                         0
                             AMENDED SPECIAL ASSESSMENT ROLL                                               TOTAL
 PARCEL               @
                                         TAXPAYER

"24-680-000-0013-00   1259   ADA AVE     PICARD LAURA J              1259ADAAVE          MUSKEGON   Ml    $397.50
24-680-000-0009-00    1272   ADA AVE     PECK BRUCE                  1272 ADA AVE        MUSKEGON   Ml    $265.00
24-250-000-0092-00    1086   ADA AVE     HARKER PATRICK J            1086ADAAVE          MUSKEGON   Ml    $132.50
24-250-000-0089-00    1068   ADA AVE     SCOTT DOUGLAS L             1068ADAAVE          MUSKEGON   Ml    $861.25
24-250-000-0086-00    1048   ADA AVE     DREESE MONTE G/KENDRA       1048ADAAVE          MUSKEGON   Ml    $530.00
24-250-000-0105-00    1025   ADA AVE     PAIGE BETTY J/HARRY         1025ADAAVE          MUSKEGON   Ml    $575.05
24-250-000-0103-00    1037   ADA AVE     JOLMAN BRADLEY              1037 ADA AVE        MUSKEGON   Ml    $466.40
24-250-000-0102-00    1043   ADA AVE     ROGERS RICHARD D/MONIQUE 1043 ADA AVE           MUSKEGON   Ml    $201.40
24-250-000-0100-00    1055   ADA AVE     BAKER DANIEUSTEPHANIE       1055 ADA            MUSKEGON   Ml    $251.75
24-250-000-0099-00    1059   ADA AVE     LEE LYNELL U              1059ADAAVE            MUSKEGON   Ml    $728.75
24-250-000-0098-00    1067   ADA AVE     BOWMAN JOHN J/PUTNAM JUDI 1067 ADA AVE          MUSKEGON   Ml    $265.00
24-250-000-0096-00    1081   ADA AVE     SCAIFE CALVIN               3433 EVANSTON AVE   MUSKEGON   M[    $265.00
24-250-000-0094-00    1093   ADA AVE     WALTON GWENDOLYN E          1093ADAAVE          MUSKEGON   Ml    $397.50
24-250-000-0122-00    913    ADA AVE     KITCHEN MARK A/DELPHINE E   913ADAAVE           MUSKEGON   Ml    $795.00
24-250-000-0067-00    924    ADA AVE     LANDACRE PAMELA             924ADAAVE           MUSKEGON   Ml    $530.00
24-250-000-0068-00    930    ADA AVE     JOHNSON JEREMIAH J          930ADAAVE           MUSKEGON   Ml    $742.00
24-250-000-0069-00    934    ADA AVE     POTTER MARIE E              934ADAAVE           MUSKEGON   Ml    $636.00
24-250-000-0070-00    942    ADA AVE     GENTER FAMILY LIVING TRUST 1915 FRANCIS AVE     MUSKEGON   Ml   $1,049.40
24-250-000-0071-00    948    ADA AVE     KILGORE LEONA M             948 ADA AVE         MUSKEGON   Ml    $397.50
24-250-000-0073-00    966    ADA AVE     INGRAM SONYA L              966 ADA AVE         MUSKEGON   Ml    $132.50
24-250-000-0076-00    984    ADA AVE     BECKER JOHN/DANETTE         984 ADA AVE         MUSKEGON   Ml   $1,802.00
24-250-000-0078-00    990    ADA AVE     DODGE WILLIAM F             990ADAAVE           MUSKEGON   Ml    $397.50
24-250-000-0134-00    829    ADA AVE     DOUBLES GEORGE              1351 MARIANNE AVE   MUSKEGON   Ml    $265.00
24-250-000-0132-00    839    ADA AVE     IKENS Y/MEDENDORP S/BLAKE 318 HOUSTON AVE       MUSKEGON   Ml    $132.50
24-250-000-0131-00    845    ADA AVE     MEANS DANEE E               2109 JARMAN         MUSKEGON H Ml    $132.50
24-851-003-0001-00    1210   ALLEN AVE   COBB FRANK/EDMONSON/TRO 801 MILLS               MUSKEGON   Ml    $265.00
24-850-002-0006-00    1260   ALLEN AVE   PERRY CONNIE L              1260 ALLEN AVE      MUSKEGON   Ml    $148.40
24-785-000-0027-00    1316   ALLEN AVE   ODNEAL ROBERT               1316 ALLEN AVE      MUSKEGON   Ml    $265.00
24-785-000-0023-00    1340   ALLEN AVE   MAJOR DEBRA A               1340 ALLEN          MUSKEGON   Ml    $422.21
24-850-001-0012-00    1297   ALLEN AVE   PEREZ AGAPITO               1297 ALLEN          MUSKEGON   Ml    $530.00
24-785-000-0002-00    1315   ALLEN AVE   DENGLER ESTHER A/ET AL      1315 ALLEN AVE      MUSKEGON   Ml    $132.50

                                                                                                               age
10/02/02
                                     SPECIAL ASSESSMENT ROLL                                                  TOTAL
 PARCEL               @                  TAXPAYER

"24-785-000-0005-00   1345   ALLEN AVE   MOORE INVESTMENT PROPER    PO 5377                MUSKEGON    Ml    $283.55

24-785-000-0008-00    1351   ALLEN AVE   PALMER MARION              1351 ALLEN AVE         MUSKEGON    Ml    $132.50

24-121-300-0183-00    1186   ALLEN AVE   ROSEARDIEC                 484 MCLAUGHIN AVE      MUSKEGON    Ml    $588.30
24-121-300-0178-00    1148   ALLEN AVE   DAKE JOSEPH                1148 ALLEN AVE         MUSKEGON    Ml    $265.00
24-121-300-0177-00    1132   ALLEN AVE   FLEET MORTGAGE CORP        11200 W PARKLAND AVE   MILWAUKEE   WI    $636.00
24-121-300-0186-00    1131   ALLEN AVE   CUNNINGHAM LAWAUN          1131 ALLEN AVE         MUSKEGON    Ml    $705.76

24-121-300-0188-00    1145   ALLEN AVE   TILLEMA GLEN A             2044 S WALKER RD       MUSKEGON    Ml    $874.50
24-121-300-0190-00    1155   ALLEN AVE   JORDAN MYRTLE H            1153 ALLEN AVE         MUSKEGON    Ml    $397.50

24-121-300-0144-00    849    ALLEN AVE   TRAYLOR LINDA C            849 ALLEN AVE          MUSKEGON    Ml    $265.00
24-121-300-0143-00    845    ALLEN AVE   COLLIE ALLEN J             845 ALLEN AVE          MUSKEGON    Ml    $265.00
24-121-300-0128-00    830    ALLEN AVE   WHITE GARY JR              830 ALLEN AVE          MUSKEGON    Ml    $265.00
24-121-300-0129-00    838    ALLEN AVE   ERICKSON AUDREY            1949 RIEGLER RD        MUSKEGON    Ml    $121.63
24-121-300-0132-00    868    ALLEN AVE   COACH MATILDA              868 ALLEN AVE          MUSKEGON    Ml    $516.75
24-142-000-0051-00    1085   ALLEN AVE   THOMAS HOLMAN/MAY DELL     1085 ALLEN AVE         MUSKEGON    Ml    $879.80
24-142-000-0048-00    1061   ALLEN AVE   KITCHEN SHEILA             1061 ALLEN AVE         MUSKEGON    Ml    $132.50
24-142-000-0042-00    1015   ALLEN AVE   BANK OF NEW YORK           101 BARCLAY ST         NEW YORK    NY    $241.15
24-142-000-0040-00    1003   ALLEN AVE   JOHNSON LATESHA            1003 ALLEN AVE         MUSKEGON    Ml    $267.65
24-142-000-0030-00    982    ALLEN AVE   BROWN IDELLIA              982 ALLEN AVE          MUSKEGON    Ml    $552.06
24-142-000-0023-00    1044   ALLEN AVE   IVORY BETTY                1044 ALLEN AVE         MUSKEGON    Ml    $132.50
24-142-000-0021-00    1060   ALLEN AVE   DAVIS WENDY/BETTS RASHON   1060 ALLEN AVE         MUSKEGON    Ml    $132.50
24-142-000-0017-00    1084   ALLEN AVE   MUSKEGON CONQUERING FAI    1084 ALLEN AVE         MUSKEGON    Ml   $1,231.30
24-142-000-0006-00    999    AMITY       CITY OF MUSKEGON           933 TERRACE            MUSKEGON    Ml    $265.00
24-121-400-0005-00    1248   AMITY AVE   BLACKMON PATRICIA          1248 AMITY AVE         MUSKEGON    Ml    $265.00
24-121-400-0006-00    1270   AMITY AVE   NEUMANN RICHARD            552 E BARD RD          MUSKEGON    Ml    $530.00
24-121-400-0007-00    1280   AMITY AVE   HILL LINDAA                1280 AMITY AVE         MUSKEGON    Ml    $613.48
24-850-002-0012-00    1291   AMITY AVE   COOPER ELI                 5967 AIRLINE RD        FRUITPORT   Ml    $132.50
24-785-000-0034-00    1359   AMITY AVE   DOOLEY ARTHUR EARL         1359 AMITY AVE         MUSKEGON    Ml    $397.50
24-785-000-0042-00    1397   AMITY AVE   GILLIAM MARY A             1397 AMITY             MUSKEGON    Ml    $265.00
24-121-300-0116-00    877    AMITY AVE   ROBAR PAUL                 1119SOPHIAST           MUSKEGON    Ml    $530.00
24-121-300-0115-00    869    AMITY AVE   MURAR DAVID A              869 AMITY AVE          MUSKEGON    Ml    $132.50
24-121-300-0114-00    861    AMITY AVE   RING LINDA L               861 AMITY AVE.         MUSKEGON    Ml    $287.06

                                                                                                                        e
10 /01/02
                                     SPECIAL ASSESSMENT ROLL                                                     TOTAL
 PARCEL               @                  TAXPAYER

"24-121-300-0067-00   824    AMITY AVE   WYNN BOAZIE/GERALDINE      824 AMITY AVE            MUSKEGON    Ml   $1,099.75

24-121-300-0071-00    850    AMITY AVE   ROSS ANNIE L TRUST         850 AMITY AVE            MUSKEGON    Ml    $861.19

24-121-300-0072-00    858    AMITY AVE   SMITH JOHN K               PO BOX 1422              MUSKEGON    Ml    $265.00
24-121-300-0061-00    892    AMITY AVE   SMITH GEORGE T             892 AMITY AVE            MUSKEGON    Ml   $2,252.50

24-121-300-0073-00    904    AMITY AVE   BRIGGS JACQUELINE MOFFET   904 AMITY AVE            MUSKEGON    Ml   $1,104.12
24-121-300-0074-00    918    AMITY AVE   HIGLEY GERALD F            918 AMITY AVE            MUSKEGON    Ml    $795.00
24-121-300-0076-00    934    AMITY AVE   WILSON VINDA               934 AMITY AVE            MUSKEGON    Ml    $265.00
24-142-000-0016-00    1093   AMITY AVE   SUMLAR RANMERLEE           1093 AMITY AVE           MUSKEGON    Ml    $265.00
24-142-000-0012-00    1051   AMITY AVE   HUGHES PERRY               1051 AMITY AVE           MUSKEGON    Ml    $132.50
24-142-000-0002-00    965    AMITY AVE   BANKS GWENDOLYN            965 AMITY AVE            MUSKEGON    Ml    $159.00
24-142-000-0001-00    961    AMITY AVE   WALLACE CARUNICOLE         961 AMITY AVE            MUSKEGON    Ml    $583.00
24-121-300-0092-00    966    AMITY AVE   JACOBS BARBARA             966 AMITY AVE            MUSKEGON    Ml    $927.50
24-121-300-0093-00    982    AMITY AVE   DAVIS DELORES              3125 8TH ST              MUSKEGON H Ml     $415.12
24-121-300-0100-00    1048   AMITY AVE   AUSTIN TONY S              1048 AMITY AVE           MUSKEGON    Ml     $287.06
24-121-300-0105-00    1094   AMITY AVE   BEACH ASHEL T/ESMERALDA    1094 AMITY AVE           MUSKEGON    Ml     $481.39
24-121-300-0164-00    1111   AMITY AVE   DAVIS LAWRENCE JR          1111 AMITY AVE           MUSKEGON    Ml    $132.50
24-121-300-0165-00    1123   AMITY AVE   LEGERTTAYLOR/WILLIE MAE T 1123 AMITY AVE            MUSKEGON    Ml    $135.15
24-121-300-0168-00    1143   AMITY AVE   SUHR BLANCHE J/MARILYN J   1143 AMITY AVE           MUSKEGON    Ml     $122.76
24-680-000-0081-00    1301   APPLE       BUNTY INC                  1301 E APPLE             MUSKEGON    Ml   $3,204.60
24-121-400-0025-00    1216   APPLE AVE   POSTEMA MAX                1216 E APPLE AVE         MUSKEGON    Ml     $662.50
24-850-001-0006-00    1258   APPLE AVE   TEMPLE HARRY               1258 E APPLE AVE         MUSKEGON    Ml    $397.50
24-850-001-0002-00    1280   APPLE AVE   DIPLEY ROSE                1280 E APPLE AVE         MUSKEGON    Ml    $132.50
24-850-001-0001-00    1294   APPLE AVE   MCBRIDE ROBERT/WALKER NI   1294 E APPLE AVE         MUSKEGON    Ml     $132.50
24-121-400-0027-00    1314   APPLE AVE   APPLE INVESTORS LLC        1314 E APPLE AVE         MUSKEGON    Ml     $686.35
24-121-400-0028-00    1328   APPLE AVE   S L PROPERTIES             1314 E APPLE AVE         MUSKEGON    Ml     $397.50
24-121-400-0034-00    1392   APPLE AVE   VANSOLKEMA DAVID/MARY      4360 HACKLEY POINT LN    MUSKEGON    Ml     $323.30
24-121-400-0035-00    1414   APPLE AVE   WMCR CORPORATION           PO BOX456                ALPENA      Ml   $1,457.50
24-730-000-0169-00    1436   APPLE AVE   B K MUSKEGON PROPERTIES    4220 EDISON LAKES PKWY   MISHAWAKA   IN     $397.50
24-121-300-0202-00    1176   APPLE AVE   SCOTT JOYCE A              1176 E APPLE AVE         MUSKEGON    Ml     $530.00
24-121-300-0200-00    1162   APPLE AVE   MITCHELL JOHN              1162 E APPLE AVE         MUSKEGON    Ml     $397.50
24-121-300-0197-00    1130   APPLE AVE   JAMESON MARY E             1130 E APPLE AVE         MUSKEGON    Ml     $132.50



10 /01/02
                                     SPECIAL ASSESSMENT ROLL                                                      TOTAL
 PARCEL               @
                                           TAXPAYER

·24-121-300-0157-00   868    APPLE AVE     TIMMER J SCOTT             301 E CIRCLE DR         N MUSKEGON Ml      $132.50

24-121-300-0161-00    908    APPLE AVE     FRALY CRAIG/HOWE D         908 E APPLE AVE         MUSKEGON     Ml    $132.50

24-121-300-0151-00    920    APPLE AVE     HITTLE JAMES J             1321 KINGSLEY ST        MUSKEGON     Ml    $132.50
24-121-300-0163-00    938    APPLE AVE     MCEACHEN JAMES/BONITA      1439 EAST ST            MUSKEGON     Ml    $265.00
24-128-200-0010-00    1333   APPLE AVE     PRIMAX PROPERTIES LLC      1115 E MOREHEAD ST      CHARLOTTE    NC   $3,733.62
24-142-000-0053-00    1090   APPLE AVE     TOKARCZYK DANA             1090 E APPLE AVE        MUSKEGON     Ml    $265.00
24-121-300-0198-00    1150   APPLE AVE     BAKER MICHAEL D            1150 E APPLE AVE        MUSKEGON     Ml    $132.50
24-680-000-0003-00    1279   APPLE AVE     BLOCKBUSTER VIDEO          PO BOX8009               MCKINNEY    TX   $1,120.95
24-128-200-0009-00    1317   APPLE AVE     PUTHOFF C RICHARD          13 HARTFORD AVE PO BOX 8 MUSKEGON    Ml   $2,831.75
24-226-000-0033-00    1395   APPLE AVE     BESSINGER ROLAND H         15460 WISTERIA LN        SPRING LAKE Ml   $3,577.50
24-390-001-0003-00    1111   APPLE AVE     MATTHEWS CAROLYN           1111 E APPLE AVE        MUSKEGON     Ml    $662.50
24-250-000-0029-00    941    APPLE AVE     ZUZELSKI GREGORY A         941 EAPPLEAVE           MUSKEGON     Ml    $817.06
24-250-000-0035-00    917    APPLE AVE     SPANN SAMONE/BENN          917 E APPLE AVE         MUSKEGON     Ml    $397.50
24-250-000-0038-00    897    APPLE AVE     FRIES DONALD E             486 HILL AVE            GLEN ELLYN   IL    $927.50
24-680-000-0057-00    1162   BURTON RD     BAYLE TRICIA L           1330 5TH ST               MUSKEGON     Ml    $132.50
24-680-000-0079-00    1036   BURTON RD     PUTHOFF C RICHARD/SHARON 1400 LAKE SHORE CT        MUSKEGON     Ml   $1,468.10
24-685-011-0001-00    1254   CALVIN AVE    BELLAH JOSEPH M            1254 CALVIN AVE         MUSKEGON     Ml    $397.50
24-4 75-000-0002-00   1427   CALVIN AVE    BURR CHARLENE              1427 CALVIN AVE         MUSKEGON     Ml    $530.00
24-4 75-000-0006-00   1475   CALVIN AVE    CHAPMAN AHMED J            1475 CALVIN AVE         MUSKEGON     Ml    $530.00
24-750-000-0039-00    1337   CALVIN AVE    LYNK PAMELA D              1337 CALVIN AVE         MUSKEGON     Ml    $265.00
24-685-010-0003-00    1200   CALVIN AVE    SORENSON ORVILLE           1200 CALVIN AVE         MUSKEGON     Ml    $132.50
24-128-100-0041-00    1125   CALVIN AVE    BOOKER SAMUEL JR           1125 CALVIN AVE         MUSKEGON     Ml    $397.50
24-128-100-0043-00    1145   CALVIN AVE    0 CONNELL RICHARD          1145 CALVIN AVE         MUSKEGON     Ml   $1,489.30
24-128-100-0044-00    1155   CALVIN AVE    OLSEN WILLIAM JR           1155 CALVIN AVE         MUSKEGON     Ml   $1,510.50
24-685-009-0018-00    1185   CALVIN AVE    RAFFERTY STEVEN F/NANCY K 1185 CALVIN AVE          MUSKEGON     Ml     $132.50
24-190-004-0012-00    1094   CALVIN AVE    VANDERSTELT MAURICE V      1094 CALVIN AVE         MUSKEGON     Ml      $84.80
24-190-003-0025-00    1051   CALVIN AVE    JOHNSON GERALD R           1051 CALVIN AVE         MUSKEGON     Ml     $222.60
24-680-000-0039-00    1265   CATHERINE AVE B BOLEMA REAL ESTATE ONE L 4450 WEBER RD           WHITEHALL    Ml     $132.50
24-680-000-0033-00    1270   CATHERINE AVE QUINTERO MIGUEUNANCY       1270 CATHERINE AVE      MUSKEGON     Ml     $132.50
24-680-000-0031-00    1286   CATHERINE AVE BERRY ANTHONY/SINGLETON    1286 CATHERINE AVE      MUSKEGON     Ml     $132.50
24-680-000-0059-00    1312   CATHERINE AVE RADEMAKER EVA M            1312 CATHERINE AVE      MUSKEGON     Ml     $265.00

                                                                                                                        ge
10/01/02
                                       SPECIAL ASSESSMENT ROLL                                                     TOTAL
 PARCEL               @                    TAXPAYER

"24-680-000-0062-00   1318   CATHERINE AVE SMITH LEONA                1318 CATHERINE AVE        MUSKEGON   Ml    $397.50

24-251-000-0246-00    878    CATHERINE AVE MERRICK DOROTHY V          878 CATHERINE AVE         MUSKEGON   Ml    $411.49

24-251-000-0247 -00   872    CATHERINE AVE BUCKNER DIAN L             872 CATHERINE AVE         MUSKEGON   Ml    $259.70
24-251-000-0249-00    860    CATHERINE AVE SHAW WILLIAM D             860 CATHERINE AVE         MUSKEGON   Ml   $1,007.00
24-251-000-0228-00    996    CATHERINE AVE MOORE JOHN K               996 CATHERINE AVE         MUSKEGON   Ml    $132.50
24-251-000-0229-00    992    CATHERINE AVE HINTON ALAN LOUIS JR       992 CATHERINE AVE         MUSKEGON   Ml    $371.00

24-251-000-0230-00    986    CATHERINE AVE WATERMAN NANCY E           986 CATHERINE AVE         MUSKEGON   Ml    $132.50

24-251-000-0233-00    972    CATHERINE AVE GALBERT BEN                972 CATHERINE AVE         MUSKEGON   Ml    $662.50

24-251-000-0235-00    954    CATHERINE AVE JOHNSON SARAH/CLAUDIA      954 CATHERINE AVE         MUSKEGON   Ml    $530.00
24-251-000-0238-00    936    CATHERINE AVE BARNES ERICA S             936 CATHERINE AVE         MUSKEGON   Ml    $662.50

24-251-000-0239-00    930    CATHERINE AVE UNITED STATES OF AMERICA   1755 SOUTH MITCHELL ST    CADILLAC   Ml    $132.50
24-430-000-0001-00    915    CATHERINE AVE KNOLLINGER DONA J          2701 HUIZENGA ST LOT 54   MUSKEGON   Ml    $397.50
24-430-000-0003-00    929    CATHERINE AVE GOINS AYLIA                929 CATHERINE AVE         MUSKEGON   Ml    $132.50
24-430-000-0005-00    943    CATHERINE AVE VANHOESEN LAURA D          943 CATHERINE AVE         MUSKEGON   Ml    $132.50
24-430-000-0006-00    951    CATHERINE AVE BARNES SHAWNDRA            951 CATHERINE AVE         MUSKEGON   Ml    $795.00
24-430-000-0007-00    957    CATHERINE AVE REDDING CELIAA             2580 E ELLIS RD           MUSKEGON   Ml    $132.50
24-430-000-0011-00    987    CATHERINE AVE FONGERS ROBERT             987 CATHERINE AVE         MUSKEGON   Ml     $132.50
24-430-000-0012-00    995    CATHERINE AVE BUFFEY TIMOTHY J           995 CATHERINE AVE         MUSKEGON   Ml     $265.00
24-430-000-0013-00    1001   CATHERINE AVE ESTEPP SHERYL              1001 CATHERINE AVE        MUSKEGON   Ml     $132.50
24-430-000-0014-00    1011   CATHERINE AVE PERSONS GLEN/KELLY         1011 CATHERINE AVE        MUSKEGON   Ml     $397.50
24-750-000-0176-00    1461   CRESTON ST    GRAYER GEORGE L            1461 CRESTON ST           MUSKEGON   Ml    $397.50
24-750-000-0180-00    1481   CRESTON ST    HEJKA HELEN                1481 CRESTON ST           MUSKEGON   Ml    $662.50
24-4 75-000-0080-00   1516   CRESTON ST    BELMONTE FRANK             1516 CRESTON ST           MUSKEGON   Ml    $265.00
24-475-000-0091-00    1380   CRESTON ST    PIATT ALAN                 1380 CRESTON ST           MUSKEGON   Ml     $265.00
24-475-000-0093-00    1354   CRESTON ST    HAMMERLE CLINT F           1354 CRESTON ST           MUSKEGON   Ml     $132.50
24-475-000-0094-00    1344   CRESTON ST    BOLEMA LUMBER & SUPPLY     1230 E LAKETON AVE        MUSKEGON   Ml     $132.50
24-7 50-000-0081-00   1325   CRESTON ST    NGUYEN NGAT                1325 CRESTON ST           MUSKEGON   Ml     $265.00
24-128-200-0011-00    1367   E APPLE       TRIDONN DEVELPOMENT        1838 RUDDIMAN             MUSKEGON   Ml   $4,531.50
24-121-400-0037 -00   1490   EAPPLE        R& EMC ELROY               PO BOX 802206             DALLAS     TX     $863.88
24-250-000-0035-10    1020   EASTGATEST    ROMANELLI LARRY B          1020 EASTGATE ST          MUSKEGON   Ml     $204.05
24-475-000-0071-00    1499   EASTWOOD DR COURTNEY R J                 1499 EASTWOOD DR          MUSKEGON   Ml   $1,192.50

                                                                                                                        g
10 /01/02
                                      SPECIAL ASSESSMENT ROLL                                                      TOTAL
 PARCEL                @
                                             TAXPAYER

·24-4 75-000-0027-00   1500   EASTWOOD DR    DILL RANDALL E/PAMELA J        1500 EASTWOOD DR    MUSKEGON   Ml   $1.192.50
24-4 7 5-000-0052-00   1301   EASTWOOD DR LANDINGHAM WILLIAM F ETUX         1301 EASTWOOD DR    MUSKEGON   Ml    $530.00
24-475-000-0053-00     1321   EASTWOOD DR BLACKSHIRE KEITH                  1321 EASTWOOD DR    MUSKEGON   Ml    $530.00
24-475-000-0038-00     1360   EASTWOOD DR JOHNSON TROY C                    1360 EASTWOOD DR    MUSKEGON   Ml    $397.50
24-4 75-000-0040-00    1334   EASTWOOD DR MOORE ROBERT R                    1334 EASTWOOD DR    MUSKEGON   Ml    $795.00
24-475-000-0044-00     1290   EASTWOOD DR WILLIAMS MARFAYE                  1300 EASTWOOD DR    MUSKEGON   Ml    $662.50
24-685-001-0007-20     1226   EVANSTON AVE MCDONALD JUDITH A                1226 EVANSTON AVE   MUSKEGON   Ml    $556.50
24-685-002-0001-10     1250   EVANSTON AVE AVANT MILDRED S TRUST            1250 EVANSTON AVE   MUSKEGON   Ml    $159.00
24-750-000-0197-00     1332   EVANSTON AVE DAHLMAN DOUGLAS/DAWN             1332 EVANSTON AVE   MUSKEGON   Ml    $795.00
24-750-000-0191-00     1300   EVANSTON AVE LVONS LORETTA                    1300 EVANSTON AVE   MUSKEGON   Ml    $795.00
24-750-000-0203-00     1376   EVANSTON AVE WILCOX RONALD L                  1376 EVANSTON AVE   MUSKEGON   Ml    $265.00
24-750-000-0199-00     1356   EVANSTON AVE PUTNAM DAVID W                   1356 EVANSTON       MUSKEGON   Ml    $397.50
24-475-000-0078-00     1440   EVANSTON AVE MAHN BRUCE NCHARLOTTE            1440 EVANSTON AVE   MUSKEGON   Ml   $1,192.50
24-128-100-0013-00     984    EVANSTON AVE SCHUITEMA PETER F                984 EVANSTON AVE    MUSKEGON   Ml    $132.50
24-190-001-0002-00     1096   EVANSTON AVE 2001 C/VV 24-190-001-0001-00     PO BOX536           MUSKEGON   Ml   $2,816.95
24-850-002-0001-00     941    EVART ST       MORRIS NATHANIEL               941 EVART ST        MUSKEGON   Ml    $132.50
24-685-003-0003-00     1260   FLOWER AVE     FORESTER MARK/KAREN            1260 FLOWER AVE     MUSKEGON   Ml    $190.80
24-685-003-0005-00     1270   FLOWER AVE     TICE LOIS K                    1270 FLOWER AVE     MUSKEGON   Ml    $131.44
24-685-003-0007-00     1282   FLOWER AVE     RAWDON ALBERT JR               1282 FLOWER         MUSKEGON   Ml    $494.65
24-750-000-0157-00     1318   FLOWER AVE     BULTHOU SE LUCILLE             3675 NORTON HILLS   MUSKEGON   Ml   $1,192.50
24-750-000-0155-00     1326   FLOWER AVE     SINGLETON JAMES L              3925 E APPLE        MUSKEGON   Ml     $583.00
24-750-000-0149-00     1366   FLOWER AVE     SI PERLY PAULINE               1366 FLOWER AVE     MUSKEGON   Ml    $265.00
24-750-000-0145-00     1392   FLOWER AVE     HEIKKINEN HAROLD               1392 FLOWER         MUSKEGON   Ml    $927.50
24-750-000-0163-00     1309   FLOWER AVE     BURR JACKLYN K                 1309 FLOWER AVE     MUSKEGON   Ml    $132.50
24-750-000-0165-00     1315   FLOWER AVE     BULLERMAN NEIL J               1315 FLOWER AVE     MUSKEGON   Ml    $397.50
24-750-000-0169-00     1357   FLOWER AVE     SMITH DANIEL W/REBECCA S       1367 FLOWER AVE     MUSKEGON   Ml    $397.50
24-750-000-0174-00     1387   FLOWER AVE     2001 C/VV 24-750-000-0173-00   1387 FLOWER AVE     MUSKEGON   Ml    $397.50
24-685-006-0014-00     1213   FRANCES AVE    MESSER CHARLES                 1213 FRANCES AVE    MUSKEGON   Ml    $132.50
24-685-007-0008-00     1285   FRANCES AVE    POST JEFFREY P                 1285 FRANCES AVE    MUSKEGON   Ml    $265.00
24-685-007-0012-00     1261   FRANCES AVE    REDMON GARY                    1261 FRANCES AVE    MUSKEGON   Ml    $882.50
24-685-009-0004-00     1208   FRANCES AVE    KECK LESLIE C                  1208 FRANCES AVE    MUSKEGON   Ml    $132.50



10101/02
                                      SPECIAL ASSESSMENT ROLL                                                    TOTAL
 PARCEL               @
                                            TAXPAYER

"24-685-009-0008-00   1232   FRANCES AVE    VANDAM ELDRED              1232 FRANCES AVE      MUSKEGON    Ml    $132.50
24-750-000-0079-00    1391   FRANCES AVE    BREWER PAUL E/DEBBIE L     1391 FRANCES AVE      MUSKEGON    Ml    $795.00
24-750-000-0057-00    1346   FRANCES AVE    STINSON PATRICIA A         1346 FRANCES          MUSKEGON    Ml    $530.00
24-128-100-0051-00    1172   FRANCES AVE    VEIHL SABRINA              1172 FRANCES AVE      MUSKEGON    Ml   $5,013.80
24-685-006-0016-00    1201   FRANCES AVE    MEYERS CARRIE              1201 FRANCES AVE      MUSKEGON    Ml    $132.50
24-685-001-0007-10    1415   GARDEN AVE     RODRIGUEZ WILLIAM          1415 GARDEN AVE       MUSKEGON    Ml    $190.80
24-121-300-0040-00    840    GETTY ST       BABCOCK CHERYLL            840 GETTY ST          MUSKEGON    Ml    $132.50
24-250-000-0143-00    1096   GETTY ST       EVANS DARLENE              2116 APPLE AVE.       MUSKEGON    Ml    $795.00
24-250-000-0137-00    1072   GETTY ST       STEINBACH JOHN/MARY        18364 174TH           SPRING LAKE Ml    $339.20
24-251-000-0192-00    1122   GETTY ST       VANDERMOLEN JAMES A REV    1122 GETTY ST         MUSKEGON    Ml    $132.50
24-160-000-0027-00    1180   GETTY ST       PHILADELPHIA MISSIONARY BA 845 CATHERINE AVE     MUSKEGON    Ml    $530.00
24-390-004-0004-00    1132   GREEN ST       WEBB ALVIN/TRACIE          1132 GREEN ST         MUSKEGON    Ml    $265.00
24-390-004-0002-00    1112   GREEN ST       PATRICIO GREGORY J/TAMMY   1112 GREEN ST         MUSKEGON    Ml    $132.50
24-128-100-0003-00    1027   GREEN ST       TOWNSEND REUBEN            1027 GREEN ST         MUSKEGON    Ml    $132.50
24-128-100-0004-00    1049   GREEN ST       SANDIFER OLLIE L           1049 GREEN ST         MUSKEGON    Ml    $397.50
24-390-001-0017-00    1057   GREEN ST       VANDERMOLEN HARRIET        1057 GREEN ST         MUSKEGON    Ml    $132.50
24-685-004-0002-00    1254   HOWARD         ARNOLDI JOHN/KATHY         1070 CADILLAC         MUSKEGON    Ml    $530.00
24-685-003-0008-00    1283   HOWARD AVE     CARR VICTORIA H            1283 HOWARD AVE       MUSKEGON    Ml    $397.50
24-750-000-0129-00    1305   HOWARD AVE     VEEN CLARENCE ET AL        1305 HOWARD AVE       MUSKEGON    Ml    $530.00
24-750-000-0143-00    1391   HOWARD AVE     MYERS MAX E                1391 HOWARD AVE       MUSKEGON    Ml    $265.00
24-685-005-0003-00    1206   HOWARD AVE     WILLIAMSON WILLIAM Ill     1206 HOWARD AVE       MUSKEGON    Ml    $132.50
24-685-005-0005-00    1210   HOWARD AVE     ADAMS ERIC D               1210 HOWARD AVE       MUSKEGON    Ml    $795.00
24-685-005-0007-00    1224   HOWARD AVE     TUCKER IDA ROBINSON        1244 HOWARD AVE       MUSKEGON    Ml    $265.00
24-685-005-0008-00    1236   HOWARD AVE     KELLY KIMBERLY ANN         1236 HOWARD AVE       MUSKEGON    Ml    $265.00
24-685-004-0006-00    1280   HOWARD AVE     SCHOENMAKER MARTIN W       1280 HOWARD AVE       MUSKEGON    Ml    $265.00
24-750-000-0127-00    1306   HOWARD AVE     MURDZIA ALLAN D            1306 HOWARD AVE       MUSKEGON    Ml    $132.50
24-750-000-0113-00    1390   HOWARD AVE     FERRIS RICHARD             1390 HOWARD AVE       MUSKEGON    Ml    $132.50
24-685-005-0002-00    1192   HOWARD AVE     MCKINLEY JEANETTE          1192 HOWARD AVE       MUSKEGON    Ml    $132.50
24-128-200-0006-00    1236   !SABELLA AVE   MOORE JOHNNY               1236 E ISABELLAAVE    MUSKEGON    Ml    $265.00
24-680-000-0023-00    1260   !SABELLA AVE   TERRELL ESTHER             1260 E !SABELLA AVE   MUSKEGON    Ml    $397.50
24-225-000-0010-00    1354   ISABELLAAVE    VANBEMMELEN JAMES A        1354 E !SABELLA AVE   MUSKEGON    Ml    $397.50

                                                                                                                      ge
10/01/02
                                     SPECIAL ASSESSMENT ROLL                                                    TOTAL
 PARCEL               @
                                            TAXPAYER

'24-250-000-0182-00   1074   !SABELLA AVE   HANNON MICHELLE          1074 E !SABELLA AVE    MUSKEGON    Ml    $369.41
24-250-000-0174-00    1024   !SABELLA AVE   WEVER JAMES E            1024 E !SABELLA AVE    MUSKEGON    Ml    $265.00
24-250-000-0159-00    924    !SABELLA AVE   WALLACE KAREN ET AL      1417WARNER             WHITEHALL   Ml   $1,325.00
24-250-000-0161-00    936    !SABELLA AVE   BROUGHMAN AARON J        936 E !SABELLA AVE     MUSKEGON    Ml   $1,022.90
24-250-000-0163-00    950    !SABELLA AVE   MACK RONALD JR           950 E !SABELLA AVE     MUSKEGON    Ml    $230.55
24-250-000-0164-00    956    !SABELLA AVE   WACKERLE MARC            4922 MCARTHUR RD       MUSKEGON    Ml    $132.50
24-250-000-0167-00    972    !SABELLA AVE   BRIDGES GREG             972 E !SABELLA AVE     MUSKEGON    Ml    $151.05
24-250-000-0168-00    984    !SABELLA AVE   GOODEN THERESA A         984 E !SABELLA AVE     MUSKEGON    Ml    $265.00
24-250-000-0173-00    1008   !SABELLA AVE   PASTOR CHAD              1008 E !SABELLA AVE    MUSKEGON    Ml    $768.50
24-250-000-0151-00    866    !SABELLA AVE   BEENE EUGENE             866 E !SABELLA AVE     MUSKEGON    Ml    $132.50
24-250-000-0149-00    852    !SABELLA AVE   BRININSTOOL JERRY        1819 BELMONT DR         MUSKEGON   Ml    $132.50
24-250-000-0146-00    834    !SABELLA AVE   JACOBS PROPERTY INVESTME 1701 W SHERMAN BLVD STE MUSKEGON   Ml    $530.00
24-251-000-0200-00    843    ISABELLAAVE    NESBITT BARBARA ANN      843 E !SABELLA AVE      MUSKEGON   Ml    $397.50
24-251-000-0203-00    863    ISABELLAAVE    WATKINS EWELUDELORES/MO 863 E ISABELLAAVE       MUSKEGON    Ml    $265.00
24-251-000-0204-00    871    !SABELLA AVE   WADE JAMES/MICHELLE     1337 SUMAC ST           MUSKEGON    Ml    $662.50
24-251-000-0213-00    937    !SABELLA AVE   BLACK PAMELO J           1193 RANSOM ST         MUSKEGON    Ml    $265.00
24-251-000-0214-00    943    !SABELLA AVE   MARLOW JUANITA L         943 E !SABELLA AVE     MUSKEGON    Ml    $397.50
24-251-000-0224-00    1007   !SABELLA AVE   MITCHELL MARIA           1007 E !SABELLA AVE    MUSKEGON    Ml    $397.50
24-685-005-0010-00    1237   LANGELAND AV MUTTART ROBERT JR          1237 LANGELAND AVE     MUSKEGON    Ml    $106.00
24-685-006-0006-00    1220   LANGELAND AV CITY OF MUSKEGON           933 TERRACE ST         MUSKEGON    Ml    $500.85
24-685-006-0007-00    1226   LANGELAND AV PATRICIO DOMINIC/SUSAN     1226 LANGELAND AVE     MUSKEGON    Ml    $235.85
24-685-007-0005-00    1274   LANGELAND AV JDR PROPERTIES LLC         PO BOX 145             FRUITPORT   Ml    $265.00
24-685-007-0006-00    1280   LANGELAND AV WALKER ROGER L             1260 KENNETH           MUSKEGON    Ml    $132.50
24-685-007-0007-00    1288   LANGELAND AV SPENCER DONALD             1288 LANGELAND AVE     MUSKEGON    Ml    $265.00
24-7 50-000-0096-00   1300   LANGELAND AV FRANKLIN SHARRON B         1300 LANGELAND AVE     MUSKEGON    Ml    $397.50
24-750-000-0088-00    1348   LANGELAND AV MCFAYDEN GEORGE/BRIMMER 1348 LANGELAND AVE        MUSKEGON    Ml    $265.00
24-685-006-0001-00    1188   LANGELAND AV BRASPENNING SUSIE M        1188 LANGELAND AVE     MUSKEGON    Ml    $291.50
24-190-002-0008-00    1070   LANGELAND AV DEUELL MICHAEL             1306 CARDINAL CIRCLE   N MUSKEGON Ml     $132.50
24-190-002-0004-00    1052   LANGELAND AV STORDAHL GREGG M           1052 LANGELAND         MUSKEGON    Ml    $132.50
24-350-000-0013-00    1391   MADISON ST     CRUMMEL WARD H           1391 MADISON ST        MUSKEGON    Ml   $1,478.70
24-350-000-0014-00    1405   MADISON ST     CRAIN MATTHEW 0          1405 MADISON ST        MUSKEGON    Ml   $1,380.65

                                                                                                                   age
10/01/02
 PARCEL
                                       SPECIAL ASSESSMENT ROLL                                                        TOTAL
                      @
                                            TAXPAYER
"24-250-000-0010-10   1024   MADISON ST     FISHER DAVID/KATHY          1024 MADISON ST          MUSKEGON     Ml    $198.75
24-190-005-0001-00    1200   MADISON ST     LEWIS JOE                   1200 MADISON ST          MUSKEGON     Ml   $2,159.75
24-190-002-0030-00    1320   MADISON ST     HOPKINS JUSTINA             1320 MADISON ST          MUSKEGON     Ml    $265.00
24-685-011-0012-00    1259   MCLAUGHLIN A   HAYNES DELAWRENCE           1259 MCLAUGHLIN AVE      MUSKEGON     Ml    $265.00
24-680-000-0051-00    1312   MCLAUGHLIN A   SCHUTTER RUSSELL T          1312 MCLAUGHLIN AVE      MUSKEGON     Ml    $291.50
24-750-000-0014-00    1385   MCLAUGHLIN A   MEADOWS LESLEY R            1385 MCLAUGHLIN AVE      MUSKEGON     Ml    $265.00
24-750-000-0010-00    1361   MCLAUGHLIN A   PHIPPS CHARON C REV TRUST 1361 MCLAUGHLIN AVE        MUSKEGON     Ml    $132.50
24-190-005-0004-00    1044   MCLAUGHLIN A   ALDERINK MELINDA K          1044 MCLAUGHLIN AVE      MUSKEGON     Ml    $365.70
24-190-005-0005-00    1050   MCLAUGHLIN A   STONE REX/RHONDA            1050 MCLAUGHLIN AVE      MUSKEGON     Ml    $132.50
24-128-100-0031-00    1153   MCLAUGHLIN A   MERCER GREG                 1153 MCLAUGHLIN AVE      MUSKEGON     Ml    $132.50
24-190-004-0030-00    1027   MCLAUGHLIN A   BANKERS TRUST CO OF CALIF   800 RIDGEVIEW DR 2ND FLR HORSHAM      PA    $530.00
24-190-004-0025-00    1059   MCLAUGHLIN A   KRACHT JAMES E              1059 MCLAUGHLIN AVE      MUSKEGON     Ml    $265.00
24-190-004-0020-00    1081   MCLAUGHLIN A   RUUD CINDY                  1081 MCLAUGHLIN AVE      MUSKEGON     Ml    $662.50
24-190-004-0016-00    1111   MCLAUGHLIN A   VEST RUSSELL JR             1111 MCLAUGHLIN          MUSKEGON     Ml    $257.05
24-121-300-0036-00    921    OAK AVE        RILEY TIMOTHY F/PIPKINS TAMI 921 OAK AVE             MUSKEGON     Ml    $132.50
24-121-300-0029-00    861    OAK AVE        GARDNER JOHN JR             861 OAK AVE              MUSKEGON     Ml    $662.50
24-121-300-0009-00    866    OAK AVE        CARTER NORMAN/BERTHA        866 OAK AVE              MUSKEGON     Ml    $172.25
24-121-300-0012-00    886    OAK AVE        SINGLETON LIGHTLE CORP      3925 APPLE AVE           MUSKEGON     Ml   $1,047.81
24-121-300-0013-00    896    OAK AVE        STEGALL LORI M              896 OAK AVE              MUSKEGON     Ml    $397.50
24-121-300-0011-00    914    OAK AVE        MOORE INVESTMENT PROPS      PO BOX 5377              MUSKEGON     Ml    $397.50
24-121-300-0014-00    920    OAK AVE        JACKSON JULIA M             920 OAK AVE              MUSKEGON     Ml    $309.12
24-121-300-0015-00    926    OAK AVE        MATISON BRIAN/SHELLY        15400 COMSTOCK           GRAND HAVE Ml      $265.00
24-121-300-0018-00    946    OAK AVE        BAILEY JIMMIE R             946 OAK AVE              MUSKEGON     Ml    $866.97
24-121-300-0085-00    1007   OAK AVE        CONSUMERS ENERGY            4000 CLAY AVE SW PO BOX 2 GRAND RAPID Ml   $1,060.00
24-121-300-0080-00    987    OAK AVE        CRAIN REBAL                 987 OAK ST               MUSKEGON     Ml    $710.20
24-390-001-0004-00    1030   OAKGROVEST     BRATSBURG CORI/MITCHELL F   1030 OAKGROVE ST         MUSKEGON     Ml    $450.50
24-390-001-0012-00    1086   OAKGROVEST     HOLCOMB JUNE A              1086 OAKGROVE ST         MUSKEGON     Ml    $405.45
24-128-100-0028-00    1212   OAKGROVEST     MCMILLEN ANN M              1212 OAKGROVE ST         MUSKEGON     Ml    $662.50
24-128-100-0047-00    1280   OAKGROVEST     SOKOLOWSKI/BOLLES           1280 OAKGROVE ST         MUSKEGON     Ml   $1,566.15
24-128-100-0066-00    1350   OAKGROVEST     SHYNE JOHNA                 1350 OAKGROVE ST         MUSKEGON     Ml   $1,987.50
24-121-300-0063-00    915    ORCHARD AVE    LEE ENOUS/LEE LINWOOD       915 ORCHARD AVE          MUSKEGON     Ml    $132.50

                                                                                                                        Page
10 /01/02
                                    SPECIAL ASSESSMENT ROLL                                                  TOTAL
 PARCEL               @
                                           TAXPAYER
·24-121-300-0046-00   872    ORCHARD AVE   LESTER CLANCIE           872 ORCHARD AVE      MUSKEGON    Ml    $154.56
24-121-300-0048-00    886    ORCHARD AVE   BROWN CHARLES D          886 ORCHARD AVE      MUSKEGON    Ml    $265.00
24-121-300-0050-00    908    ORCHARD AVE   GILBERT FAY R            908 ORCHARD AVE      MUSKEGON    Ml   $1,104.12
24-121-300-0051-00    922    ORCHARD AVE   WILKINS GAIL L           922 ORCHARD AVE      MUSKEGON    Ml    $132.50
24-121-300-0053-00    940    ORCHARD AVE   MCKENZIE ELIZABETH W     940 ORCHARD AVE      MUSKEGON    Ml    $132.50
24-850-001-0007-00    954    PLYMOUTH ST   TEMPLE HARRY E           1258 E APPLE         MUSKEGON    Ml    $530.00
24-390-002-0023-00    1035   ROBERTS ST    LALONDE LAURIE           1035 ROBERTS ST      MUSKEGON    Ml    $265.00
24-390-002-0021-00    1051   ROBERTS ST    HOFFMAN HERMAN           1051 ROBERTS ST      MUSKEGON    Ml    $132.50
24-128-100-0045-00    1255   ROBERTS ST    HUDSON HERMAN A          1255 ROBERTS ST      MUSKEGON    Ml   $1,392.84
24-750-000-0186-00    1467   SAMBURT ST    BYRD CHARLES R           1467 SAMBURT ST      MUSKEGON    Ml    $132.50
24-121-300-0124-00    921    STEVENS ST    MOFFETT ISAAC JR         1500 N PETERSON RD   MUSKEGON    Ml    $132.50
24-121-300-0066-00    873    STEVENS ST    BRADFIELD LARRY D        873 STEVENS ST       MUSKEGON    Ml    $132.50
24-121-300-0065-00    863    STEVENS ST    VAZQUEZ CARLOS A/ET AL   15136 OAKLAND        SPRING LAKE Ml    $397.50
24-142-000-0032-00    940    STEVENS ST    SIMS DORIS               940 STEVENS ST       MUSKEGON    Ml    $341.85
24-121-300-0082-00    846    STEVENS ST    BURT MAYLIA M            846 STEVENS ST       MUSKEGON    Ml    $927.50
24-121-300-0087-00    850    STEVENS ST    FISHER GLORIA J ET AL    850 STEVENS ST       MUSKEGON    Ml    $485.81




                                                                                                                g
10/01/02
                                       SPECIAL ASSESSMENT ROLL                                          TOTAL
 PARCEL                  @
                                             TAXPAYER

"24-121-300-0091-00      876   STEVENS ST    BIBBS SUSIE A         876 STEVENS ST   MUSKEGON   Ml      $132.50




                                                               GRAND TOTAL                          $154,556.20


                 BOARD OF ASSESSORS:


                 CUFF TURNER, COUNTY EQUALIZATION       DATE



                 CLARA SHEPHERD, CITY COMMISSIONER      DATE



                 ROBERT SCHWEIFLER, CITY COMMISSIONER   DATE




                                                                                                            ge
10/01/02
Date:        October 8, 2002
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Lakeshore Trail, Laketon Corridor (Phase II)


SUMMARY OF REQUEST:
The contract to construct the Laketon corridor of the Lakeshore Trail (phase II) from Leahy
to Southern be awarded to Youngstrom Contruction out of Ionia, since they were the
lowest (see bid tabulation) responsible bidder with a bid price of $358,716.04.
Furthermore, it respectfully requested that the award, if granted, be contingent upon the
approval of MOOT.


FINANCIAL IMPACT:
The construction cost of $358,716.04 plus associated engineering cost.



BUDGET ACTION REQUIRED:

None.


STAFF RECOMMENDATION:
Award the contract to Youngstrom Construction.



COMMITTEE RECOMMENDATION:
                                                                                B228 LAKESHORE TRAIL- LAKETON CORRIDOR PHASE II
                                                                                              BID TABULATION
                                                                                             September 30, 2002
                                                                    CONTRACTOR          YOUNGSTROM CON.                TRIANGLE EXC               LAKESIDE CONST.                  DIVERSCO CONST

                                                                           ADDRESS          593SPRAGUE               581 OTTAWA STE 1A               PO BOX 510                    675 CLYDE CT SW
                                                                             CITY/ST       IONIA, Ml 48846           HOLLAND, Ml 49423         GRAND HAVEN, Ml 49417           BYRON CENTER, Ml 49315
         Item                                                              Estimated
Item   Number Participating Item Description                        Unit    Quantity     Unit Price        Amount    Unit Price      Amount     Unit Price          Amount   Unit Price              Amount
  1    2070005 Removing curb and gutter                             LFT           170         $20.00     $3,400.00      $13.00     $2,210.00        $4.00       $680.00      $10.00             $1,700.00
 2     2070002 Removing pavement                                    SYD           960          $8.00 . $7,680.00         $7.00     $6,720.00        $3.25      $3,120.00     $10.00             $9,600.00
 3     2070006 Removing sidewalk                                    SYD           192         $20.00     $3,840.00       $7.00     $1,344.00        $3.00       $576.00      $10.00             $1,920.00
 4     6260152 Removal of sign, Type Ill                             EA              3      $100.00        $300.00      $50.00       $150.00       $50.00        $150.00   $100.00                $300.00
 5     2087001 Station grading, special                             LFT         5,400          $6.00 $32,400.00          $8.00    $43,200.00       $11.00     $59,400.00     $20.00           $108,000.00
 6     6110002 Concrete sidewalk, 4"                                SFT           252          $3.00       $756.00       $3.50       $882.00        $2.25        $567.00      $3.00               $756.00
 7     4500001 Concrete pavement, reinforced - 6"                   SYD            20 .· .. $50.00       $1,000.00      $40.00       $800.00       $25.00        $500.00     $30.00               $600.00
 8     6090048 Concrete curb and gutter, detail F4                  LFT           169         $18.00     $3,042.00      $22.00     $3,718.00       $12.00      $2,028.00     $15.00             $2,535.00
 9     4000050 Bituminous mixture, 36A                              TON           692         $48.00 $33,216.00         $46.00    $31,832.00       $43.75     $30,275.00     $45.00            $31,140.00
 10    4000043 Bituminous mixture, 13A                              TON           791         $48.00 I $37,968.00       $49.00    $38,759.00       $42.06     $33,269.46     $45.00            $35,595.00
 11    3010002 Aggregate base under bituminous                      TON          2010         $15.00 $30,150.00         $11.50    $23,115.00       $11.00     $22,110.00     $14.00            $28,140.00
 12    2110002 Subbase (CIP)                                        CYD            17         $20.00       $340.00      $12.00       $204.00       $25.00        $425.00     $20.00               $340.00
 13    6290243 Regular dry pavement marking, 6'', white             LFT           673          $2.00     $1,346.00       $1.00       $673.00        $0.75        $504.75      $6.00             $4,038.00
 14    4007011 Pavement color coat                                  SYD           355         $30.00 $10,650.00          $6.00     $2,130.00       $27.00      $9,585.00     $12.00             $4,260.00
 15    6507050 Bench, furnish and place                             EA               8      $750.00      $6,000.00     $500.00     $4,000.00    $1,825.00     $14,600.00    $775.00             $6,200.00
 16    6507050 Litter receptacle                                    EA               9      $500.00      $4,500.00     $500.00     $4,500.00    $1,150.00     $10,350.00    $762.00             $6,858.00
 17    6260173 Salvaged Sign, Type Ill                              EA               3      $100.00 . $300.00          $100.00       $300.00       $85.00        $255.00    $100.00               $300.00
 18    6317051 Traffic control                                      LS               1   $2,500.00       $2,500.00   $7,000.00     $7,000.00   $10,000.00     $10,000.00 $6,000.00              $6,000.00
 19    6230001 Mobilization                                         LS               1 $35,000.00 $35,000.00         $7,250.00     $7,250.00   $10,000.00     $10,000.00 $25,000.00            $25,000.00
 20    6507050 Red Sunset Maple Acer rubra "Franksred"              EA             26       $360.00      $9,360.00     $300.00     $7,800.00      $350.00      $9,100.00    $336.00             $8,736.00
 21    6507050 Celzam Maple Acer freemanii "Celzam''                EA               6 ~ $360.00         $2,160.00     $500.00     $3,000.00      $335.00      $2,010.00    $336.00             $2,016.00
 22    6507050 Vaughn Hawthorne Crateagus x vaughnii                EA             12       $340.00      $4,080.00     $350.00     $4,200.00      $325.00      $3,900.00    $310.00             $3,720.00
 23    6507050 Red Gnome Dogwood Camus Alloa Sibirica "Red Gnome"   EA             35         $40.00 · $1,400.00        $45.00     $1,575.00       $42.00      $1,470.00     $36.00             $1,260.00
 24    6507050 Tulip Tree liriodendum tulipifera                    EA               6      $335.00      $2,010.00     $400.00     $2,400.00      $345.00      $2,070.00    $308.00             $1,848.00
 25    6507050 American Hophombeam Ostraya Virginiana               EA               7      $300.00 I . $2;100.00      $400.00     $2,800.00      $325.00      $2,275.00    $266.00             $1,862.00
 26    6507050 Go!dtide Forsythia Forsythia x "Courtsol" PP9104      EA            40    .. $50.00       $2,000.00      $45.00     $1,800.00       $42.00      $1,680.00     $42.00             $1,680.00
 27    6507050 Norway Spruce Picea abies                             EA            14 ., , $300.00 I $4,200.00         $320.00     $4,480.00      $225.00      $3,150.00    $264.00             $3,696.00
 28    6507050 Colorado Spruce Picea pungens                         EA            28       $300.00 · $8,400.00        $320.00     $8,960.00      $200.00      $5,600.00    $264.00             $7,392.00
 29    6507050 White Pine Pinus strobus                              EA            13 _• ·. $300.00      $3,900.00     $300.00     $3,900.00      $200.00      $2,600.00    $264.00             $3,432.00
                                                                                         ..
 30    6537011 Grass Seed "A"                                       SYD        18,308          $0.82 ·. $15,012.56       $0.65    $11,900.20        $0.35      $6,407.80      $0.81            $14,829.48
 31    6537011 Grass Seed ·s·                                       SYD         5,526       ·. $0.72     $3,978.72       $0.60     $3,315.60        $0.35      $1,934.10      $0.72             $3,978.72




          10/1/02 Lakeshore Trail Bid Tabulation.xis                                                                                                                                        1 OF2
                                                                 8228 LAKESHORE TRAIL- LAKETON CORRIDOR PHASE II
                                                                                           BID TABULATION
                                                                                          September 30, 2002
                                                                       CONTRACTOR YOUNGSTROM CONST.                            TRIANGLE EXC                     LAKESIDE CONST.                    OIVERSCO CONST

                                                                               ADDRESS              593SPRAGUE              581 OTTAWA STE 1A                        PO BOX 510                    675 CL YOE CT SW

                                                                                   CITY/ST          IONIA, Ml 48846          HOLLAND, Ml 49423              GRANO HAVEN, Ml 49417              BYRON CENTER, Ml 49315
        Item                                                                       Estimated
Item   Number Participating Item Description                                Unit    Quantity Unit Price    Amount         Unit Price     Amount         Unit Price       Amount            Unit Price   Amount
 32    6537010   Wildflower seed mix                                       SFT        16,698        $0.12   $2,003.76            $0.07      $1,168.86            $0.08         $1,335.84        $0.11              $1,836.78
 33    6537050   Transplant Existing Tree                                   EA            11      $275.00   $3,025.00          $100.00      $1,100.00          $300.00         $3,300.00      $275.00              $3,025.00
 34    6537050   Transplant Existing Shrub                                  EA            29       $25.00     $725.00           $30.00        $870.00           $25.00           $725.00       $25.00                $725.00
 35    6537011   Topsoil                                                   SYD        24,478        $0.50 $12,239.00             $1.80     $44,060.40            $2.25        $55,075.50        $5.50            $134,629.00
 36    2087021   Non-hazardous contaminated material handling and dispos    CY            50       $50.00   $2,500.00           $20.00      $1,000.00           $30.00         $1,500.00       $20.00              $1,000.00
 37    6500002   Watering and cultivating, first season                     LS             1    $4,000.00   $4,000.00        $3,000.00      $3,000.00        $2,500.00         $2,500.00      $500.00                $500.00
 38    2130015   Silt fence                                                LFT         1,000        $1.50 · $1,500.00            $2.00      $2,000.00            $3.00         $3,000.00        $2.00              $2,000.00
 39    6507050   Bench, salvage                                             EA             1      $300.00   · $300.00          $300.00        $300.00          $125.00           $125.00      $750.00                $750.00
 40    6260116   Sign, Type 111A                                           SFT           316       $18.00   $5,688.00           $18.00      $5,688.00           $16.00         $5,056.00       $16.00              $5,056.00
 41    6260120   Sign, Type 1118                                           SFT            55       $18.00     $990.00           $18.00        $990.00           $16.00           $880.00       $16.00                $880.00
 42    6260101   Steel Post. 3 lbs.                                        LFT         217.5        $6.00   $1,305.00            $4.00        $870.00            $4.00           $870.00        $4.00                $870.00
 43    6760106   Wood Posts, 4" x 6"                                       LFT         397.5       $20.00   $7,950.00           $18.00      $7,155.00           $16.50         $6,558.75       $16.50              $6,558.75
                                                                                                             .·       .


                                                                           PARTICIPATING SUBTOTAL$ $315,215.04                      $303,120.06                     $331,695.70                    $485,562.73
        Item                                                                     Estimated
Item   Number Non-Participating Item Description                            Unit Quantity Unit Price    Amount        Unit Price   Amount       Unit Price      Amount           Unit Price Amount
 1     6500002   Irrigation system                                          LS            1 $32,000.00 , . $32,000.00 $48,000.00     $48,000.00     $31,067.00       $31,067.00 $31,067.00          $31,067.00
 2     6500002   Irrigation sleeves                                         LS            1 I $9,000.00     $9,000.00    $4,300.00    $4,300.00      $8,990.00         $8,990.00 $8,990.00           $8,990.00
 3     1057051   Contractor, staking                                        LS            1   $1,000.00     $1,000.00    $7,000.00    $7,000.00      $4,750.00         $4,750.00 $7,500.00           $7,500.00
 4     1057051   Contractor staking, urban                                  LS            1       $1.00 . . $1.00        $2,000.00    $2,000.00        $500.00           $500.00 $7,500.00           $7,500.00
 5     1057040   Staking Plan Errors and Extras, two person                HOUR         20       $75.00     $1,500.00      $100.00    $2,000.00         $100.00        $2,000.00       $1.00            $20.00
                                                                                                .


                                                                   NON-PARTICIPATING SUBTOTAL$ $43,501.00                                  $63,300.00                         $47,307.00                          $55,077.00
                                                                                        .. -.· ------ 1--' •,_:. ,.,
                                                                        PROJECT TOTAL AMOUNT$ $358;716.04                                 $366,420.06                        $379,002.70                         $540,639.73




         10/1/02 Lakeshore Trail Bid Tabulation.xis                                                                                                                                                          2 OF2

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