City Commission Packet 03-11-2008

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                        MARCH 11, 2008
     CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                 AGENDA

□   CALL TO ORDER:
□   PRAYER:
□   PLEDGE OF ALLEGIANCE:
□   ROLL CALL:
□   HONORS AND AWARDS:
□   INTRODUCTIONS/PRESENTATION:
□   CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
      B. Release of Easements within Block 560. ENGINEERING
      C. Two-Year Janitorial    Services   Extension,   Through   April   30,   2010.
         ENGINEERING
      D. Tower Lease with Muskegon Housing Commission. CITY MANAGER
      E. City-MDOT Agreement to: Amend the Engineering Agreement with F &
         V to Increase the Construction Engineering Fee. ENGINEERING
      F. Housing Commission Appointments. CITY MANAGER
□   PUBLIC HEARINGS:
      A. Create a Special Assessment District for Estes Street, Fair to Lakeshore.
         ENGINEERING
      B. Create a Special Assessment District for Isabella Avenue, Ambrosia to
         Williams. ENGINEERING
      C. Create a Special Assessment District for Seventh Street, Muskegon to
         Webster. ENGINEERING
      D. Create a Special Assessment District for Beidler Street, Laketon to
         Southern. ENGINEERING
      E. Create a Special Assessment District for Roblane Avenue, Quarterline
         to Marlane. ENGINEERING
         F. Public Hearing Concerning 2008-CDBG/HOME Recommendation and
            City Commission Preliminary Decision. COMMUNITY & NEIGHBORHOOD
            SERVICES
        G. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
□   COMMUNICATIONS:
□   CITY MANAGER'S REPORT:
□   UNFINISHED BUSINESS:
□   NEW BUSINESS:
        A. Repeal Vehicle For Hire Ordinance. CITY CLERK
□   ANY OTHER BUSINESS:
□   PUBLIC PARTICIPATION:
►   Reminder: Individuals who would like ta address the City Commission shall do the following:
►   Fill out a request to speak form attached to the agenda or located in the back of the room.
►    Submit the form to the City Clerk.
►   Be recognized by the Chair,
►   Step forward to the microphone.
►   State name and address.
►   Limit of 3 minutes to address the Commission.
►   (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
□   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO JNDIV!DUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD;
(231) 724-4172.
Date:     March 11, 2008
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, February 26 th .



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                       MARCH 11, 2008
    CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                 MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March l l,
2008.
   Mayor Warmington opened the meeting with a prayer from Vice Mayor
Stephen Gawron after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Chris Carter, Lawrence Spataro, Sue Wierengo, and Steve
Wisneski, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
   Absent: Commissioner Clara Shepherd (excused)
2008-25 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, February 26 th •
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Release of Easements within Block 560. ENGINEERING
SUMMARY OF REQUEST: Approve the DMDC's request for the City to release all
easement rights to the vacated alley(s) and streets within block 560 as
described in exhibit A (pg 4) of the documents and authorize the Mayor to sign
the documents. The City had reserved those rights when the streets and alleys
were vacated to provide for future maintenance and upgrades of underground
utilities. Those utilities are no longer active since the construction of the new
downtown street system.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:          Approve the release of the easements and
authorize the Mayor to sign the documents.
      C. Two-Year Janitorial     Services   Extension,   Through   April   30,   2010.
         ENGINEERING
SUMMARY OF REQUEST: Extend the current janitorial services contract with
Reliant Professional Cleaning for two more years, one of which is the optional
year that was a port of the original contract solicitation. The current contract
expires April 30, 2008, with on optional 4th year if both parties agreed. The
contractor hod submitted the request which reflects the requested two-year
extension without any cost adjustment from the current year of $49,696 to clean
both City Holl and DPW.
Furthermore, it is requested that the extension, should you approve, needs to
include additional cleaning services at the Filtration Plant at $15,864 annually for
the some contract period as City Holl/DPW.
FINANCIAL IMPACT: The total cost of the contract (City Holl, Police Deportment,
DPW and Filtration Plant) is $69,729.16 annually.
BUDGET ACTION REQUIRED: None, the cost was anticipated during the budget
time.
STAFF RECOMMENDATION: To approve the extension of the contract with
Reliant Professional Cleaning Services to provide cleaning services until the end
of April, 2010, at the three City buildings - City Holl, DPW, and Filtration Plant.
      D. Tower Lease with Muskegon Housing Commission. CITY MANAGER
SUMMARY OF REQUEST: To approve a Tower Lease with the Muskegon Housing
Commission that will allow the City to lease space on top of Hartford Terrace to
place communications towers and associated facilities.
FINANCIAL IMPACT: $140/month/antenno.
BUDGET ACTION REQUIRED: None at this time. Appropriate budgets will need to
be amended at a later dote.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
      E. City-MDOT Agreement to: Amend the Engineering Agreement with
         Fleis & Vandenbrink to Increase the Construction Engineering Fee.
         ENGINEERING
SUMMARY OF REQUEST: To approve the contract and resolution with MDOT to
amend agreement 06-5195/SA to increase the construction engineering fee to
Fleis & Vandenbrink from $83,000 to $99,900. The increase was the result of the
contractor not completing the job within the completion date as per the
contract.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the contract amendment and resolution
and authorize the Mayor and Clerk to sign both.
      F. Housing Commission Appointments. CITY MANAGER
SUMMARY OF REQUEST:           To appoint the following persons to the Muskegon
Housing Commission:
Marilyn Brooks ( 1/31 / 11)
Angela Anthony ( 1/31 / 12)
Maxine Le near ( 1/31/13)
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the appointments.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the consent agenda as read.
ROLL VOTE: Ayes:     Gawron, Spataro, Warmington, Wierengo, Wisneski, and
           Carter
            Nays: None
MOTION PASSES
2008-26 PUBLIC HEARINGS:
      A. Create a Special Assessment District for Estes Street, Fair to Lakeshore.
         ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Estes Street, Fair Avenue to Lakeshore Drive project, and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened to hear and consider any comments from the
public.   Comments in opposition were heard from Roger and Caughey
Borgeson, 2933 Simmeran Drive, Kalamazoo, reference their property at 2091
Estes: Ray Morency, 2066 Estes, and Derrick Olsen, 2016 Estes. Comments were
also heard from Leland Davis, 1148 Terrace.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
public hearing and table action by Commission to the next Commission
Meeting.
ROLL VOTE: Ayes: Spataro, Wierengo, Wisneski, Carter, and Gawron
            Nays: Warmington
MOTION PASSES
      B. Create a Special Assessment District for Isabella Avenue, Ambrosia to
         Williams. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Isabella Avenue, Ambrosia Street to Williams Street project,
and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Vice Mayor Gawron, second by Commissioner Carter to close the
public hearing and create the special assessment district for Isabella Avenue,
Ambrosia to Williams.
ROLL VOTE: Ayes:  Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner Shepherd and himself to the Board
of Assessors.
      C. Create a Special Assessment District for Seventh Street, Muskegon to
         Webster. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the              proposed special
assessment of the Seventh Street, Muskegon Avenue to             Webster A venue
project, and to create the special assessment district and       appoint two City
Commissioners to the Board of Assessors if ii is determined to   proceed with the
project.
FINANCIAL IMPACT: None at this lime.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
public hearing and table the special assessment of Seventh Street, Muskegon to
Websterto the next Commission Meeting.
ROLL VOTE: Ayes:   Warmington, Wierengo, Wisneski, Carter, Gawron, and
           Spataro
            Nays: None
MOTION PASSES
      D. Create a Special Assessment District for Beidler Street, Laketon to
         Southern. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Beidler Street, Laketon Avenue to Southern Avenue project,
and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The public hearing opened to hear and consider any comments from the
public. Comments in opposition were heard from Ed Winicki, 1826 Crowley, he
owns property on Beidler; David Wotli, 1724 Beidler; and Marion Olejarczyk,
representing 1608 Beidler.     Rob Schweifler, 3200 Sandy Ct, owner of two
properties on Beidler spoke in favor.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
public hearing and create the special assessment district for Beidler Street,
Laketon to Southern.
ROLL VOTE: Ayes:   Wierengo,      Wisneski,   Carter,   Gawron,   Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
Mayor Warmington appointed Vice Mayor Gawron and Commissioner Spataro
to the Board of Assessors.
      E. Create a Special Assessment District for Roblane Avenue, Quarterline
         to Marlane. ENGINEERING
SUMMARY OF REQUEST: Vacate the previously created district on February 12,
2008, and to hold a public hearing on the proposed special assessment of the
Roblane A venue, Quarterline Road to Marlane Street project, and to create a
new special assessment district and appoint two City Commissioners to the
Board of Assessors if it is determined to proceed with the project. The request to
vacate the previously created district is due to:
      1. The letters contained an incorrect date for the hearing; the hearing
         date was set for February 12, 2008, but the letters listed the date as
         February 22, 2008.
      2. Calculation errors on parcel 440 and 462 Quarterline. While the
         footage on the response cards was accurate, the estimated property
         owner cost was not. This was due to multiplication error between the
         footage and per foot cost.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To vacate the district on Roblane which was
created on February 12, 2008, and to create a new special assessment district
and assign two City Commissioners to the Board of Assessors by adopting the
resolution.
The public hearing opened to hear and consider any comments from the
public. Comments in opposition were heard from Amanda Vandervelde, 463
Marlane.
Motion by Vice Mayor Gawron, second by Commissioner Carter to close the
public hearing and vacate the district on Roblane which was created on
February 12, 2008, and create a new special assessment district for Roblane
Quarterline to Marlane.
ROLL VOTE: Ayes:   Wisneski,     Carter,   Gawron,   Spataro, Warmington,     and
           Wierengo
            Nays: None
MOTION PASSES
Mayor Warmington appointed Commissioner              Carter   and   Commissioner
Wierengo to the Board of Assessors.
      F. Public Hearing Concerning 2008-CDBG/HOME Recommendation and
         Citv Commission Preliminary Decision. COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST:           To conduct a public hearing concerning the
CDBG/HOME 2008-2009 recommendation, submitted by both the administration
and the Citizen's District Council. The public hearing is to obtain comments from
the public in reference to the 2008-2009 CDBG/HOME allocation funding which
is designated to be $984,207 and $290,049 respectively, excluding any program
income and reprogrammed funding. The Commission is also asked to make
their preliminary decision on what items should be funded and at what amounts.
The City Commission will be asked to make their final decision on April 8, 2008.
FINANCIAL IMPACT: The 2008-2009 allocations will be based on the City
Commission final decision.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To conduct the public hearing and to make
preliminary allocation decision.
COMMITTEE       RECOMMENDATION:       The   Citizen's District Council
recommendations are included with the recommendations submitted by the
administration.
The public hearing opened to hear and consider any comments from the
public. Comments were heard from Lynette Griffith, 2060 Sullivan Rd., Ravenna,
for Habitat for Humanity; Marcia Hovey-Wright, 452 W. Webster, serve CDBG
Board; Tim Burgess, Neighborhood Investment Corporation; Jeff Melton, 3001
Ninth, advocate for Healthcare; Sheila Krieson, Habitat for Humanity; and Dan
Bonner, 1652 Nelson, Legal Aid of West Michigan.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
public hearing and approve the Citizen District Council recommendations with
changes to the HOME portion from $65,000 to $55,000 for Habitat for Humanity
and Neighborhood Investment Corporation and from $60,000 to $80,000 for Infill
New Construction.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
            Nays: Wierengo
MOTION PASSES
      G. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 24,
2008, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
The public hearing opened to hear and consider any comments from the
public.     Comments were heard from Attorney Keith McEvoy representing
Community Party Store; Lacy Jones, 245 Eastern, Grand Rapids, and Paul Adam
Billings, 316 Morris Ave. for The Spotlight Nightclub. The following spoke against
the renewal for Kwik-Way, 45 E. Muskegon: Andrew Bickham, 1762 Princess
Lane; Amanda Swarvar, 2849 Bailey; Carol Ripley, l 780 Duchess Court; and Larry
Israel, 1673 Woodside. Additional comments were heard from Dan Krauth, Fox
17.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
public hearing.
ROLL VOTE: Ayes:    Gawron, Spataro, Warmington, Wierengo, Wisneski, and
           Carter
            Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Spataro to adopt the
resolution recommending non-renewal of those liquor license establishments
who are in violation with the exception of Community Party Store at 1149 Wood
Street and The Spotlight Nightclub at 435-441 W. Western Avenue.
ROLL VOTE: Ayes:  Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the renewal of the liquor license for The Spotlight Nightclub.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, and Carter
            Nays: Wisneski and Gawron
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
staff recommendation to deny the liquor license for Community Party Store at
1149 Wood.
ROLL VOTE: Ayes: Wisneski, Gawron, and Spataro
            Nays: Warmington, Wierengo, and Carter
MOTION DEFEATED
Motion by Commissioner Spataro, second by Commissioner Wierengo to
recommend non-renewal of the liquor license for Kwik-Way Food Mart, 45 E.
Muskegon, contingent upon violations being filed with the Liquor Control
Commission.
ROLL VOTE: Ayes:   Wierengo,      Wisneski,   Carter,   Gawron,   Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
Commission asked that a resolution be sent to the Liquor Control Commission.
2008-27 NEW BUSINESS:
      A. Repeal Vehicle for Hire Ordinance. CITY CLERK
SUMMARY OF REQUEST: At a Worksession meeting held on June 11, 2007, the
Commission considered a request to repeal the Vehicle for Hire Ordinance. At
that time, the Commission determined to license taxicabs for one more year
while Muskegon County establish a county-wide licensing requirement. The
Commission indicated they would visit the issue in one year.
The County has determined that they can not offer a county-wide licensing
requirement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends that the Ordinance to Repeal
Vehicles for Hire, Sections l 02-200 through l 02-260 of the Code of Ordinances
be repealed.
Motion by Commissioner Carter, second by Commissioner Spataro to repeal the
Vehicles for Hire Ordinance.
Motion and second withdrawn.
Motion by Commissioner Carter, second by Commissioner Spataro to extend the
current licensing for cabs to June 11, 2008.
ROLL VOTE: Ayes: Wisneski, Gawron, Spataro, Warmington, and Wierengo
            Nays: None
            Absent: Commissioner Carter stepped out of the room.
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:53 p.m.


                                          Respectfully submitted,




                                          Ann Marie Becker, MMC
                                          City Clerk
Date: March 11, 2008
To:     Honorable Mayor and City Commissioners
From: Engineering
RE:     Release of Easements within Block 560




SUMMARY OF REQUEST:
Approve the DMDC's request for the City to release all easement rights to the
vacated alley(s) and streets within block 560 as described in exhibit A (pg 4) of the
attached documents and authorize the mayor to sign the documents. The City had
reserved those rights when the streets & alleys were vacated to provide for future
maintenance and upgrades of underground utilities. Those utilities are no longer
active since the construction of the new downtown street system.



FINANCIAL IMPACT:
None,



BUDGET ACTION REQUIRED:
None.

STAFF RECOMMENDATION:
Approve the release of the easements & authorize the mayor to sign the documents



COMMITTEE RECOMMENDATION:
                  TERMINATION AND RELEASE OF EASEMENT

             This TERMINATION AND RELEASE OF EASEMENT
("Termination") is made as of March 11            2008, by the CITY OF
MUSKEGON, a Michigan municipal corporation, of933 Terrace Street, Muskegon,
Michigan 49443 ("City").

                                     RECITALS:

        A.      DOWNTOWN MUSKEGON DEVELOPMENT CORPORATION, a
Michigan nonprofit corporation (the "DMDC") owns the property located in the City of
Muskegon, Muskegon County, Michigan as set forth in Exhibit A; and this Termination
refers and relates only to the property as defined therein (the "Property").

        B.     The City has or may have rights and interest in the Property, pursuant to a
certain Easement Agreement for the construction and maintenance of storm sewers,
sanitary sewers, water main and the appurtenances to them, dated September 4, 1974,
recorded in Liber 1045, at Page 111 with the Muskegon County Register of Deeds.

        C.      The City has or may have reserved and continue to hold rights and interest
in the Property, including utility rights acquired by the City operating in, over and upon
certain streets and alleys formerly located on the Property and vacated by a Resolution
dated December 14, 1971 Alleys in Block 560 Vacated, recorded in Liber 976 at Page 203
with the Muskegon County Register of Deeds.

        D.      The City has or may have reserved and continue to hold rights and interest
in the Property, including utility rights acquired by the City operating in, over and upon
certain streets and alleys formerly located on the Property and vacated by a Resolution
dated January 8, 1974 Vacating of Streets and Alleys (Phase I) in Downtown Redevelopment
Project R-134 Area, recorded in Liber 1031 at Page 477 with the Muskegon County Register
of Deeds and by a certain Order and Judgment of the Circuit Court for the County of
Muskegon dated 6/24/74 and recorded in Liber 1041, at Page 965 with the Muskegon County
Register of Deeds (the "Order").

        E.     The resolutions described in Paragraphs B through D above are referred to
herein as the "Resolutions". The easements and other rights and interest of the City
described in Paragraphs B through D above are referred to herein as the "City Easements".

       F.       The City agrees that there is no active usage of the City Easements, or
sewer or utility rights reserved therein, currently located within the areas identified by the
City Easements.

       G.      DMDC desires to sell the Property free of all City Easements, and has
requested the City to release the City Easements affecting the Property.

      H.       The City desires to terminate and release its rights and interests in the City
Easements.
               NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the City hereby agrees to terminate,
discharge, and release all right, title and interest that it may have in the Property,
including, without limitation, all easements or utility rights previously granted to,
acquired by or reserved in favor of the City over, under or upon the Property pursuant to
the Easement Agreement recorded in Liber 1045, at Page 111, the Resolutions recorded
in Liber 976 at Page 203, and Liber 1031, at Page 477, and the Order recorded in Liber
1041, at Page 965, all with the Muskegon County Register of Deeds.

               IN WITNESS WHEREOF, this Termination is executed by authorized
representatives of the City on the date above stated.


                                            CITY OF MUSKEGON,

                                            a Michigan municipal corporation




                                            By1:s~-   ---=-. _____)
                                                   Stephen J. Warmington

                                            Its: . Mayor

                                            and

                                            By:~~ ~~
                                                   Ann Marie Becker

                                            Its:    City Clerk
STATE OF      MICHIGAN                  )
                                        ) ss:
COUNTY OF MUSKEGON                      )

           Acknowledged before me in Muskegon County, Michigan, on March
_j_J_, 2008, by Stephen J. Warmington,. as  Mayor                and by
  Ann Marie Becker          , as      City Clerk            of the CITY OF
MUSKEGON, on behalf of the municipal corporation.




                                        Notary Public, State of Michigan
                                        County of Muskegon
                                        My commission expires: 9-,£s- c:10 /.2.-
                                        Acting in the County of Muskegon




PREPARED BY AND RETURN TO:
Michael H. Schubert,
WARNER NORCROSS & JUDD LLP
400 Terrace Plaza, P.O. Box 900
Muskegon, Michigan 49443
Telephone: (231) 727-2600

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                                                                         CONTRACTORS
                                                                         INMlCJ-llGAN
                         AGENDA ITEM NO. _ _ _ _ _ __

                     CITY COMMISSION MEETING March 11, 2008


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          February 27, 2008

RE:            Tower Lease with Muskegon Housing Commission



SUMMARY OF REQUEST:

To approve a Tower Lease with the Muskegon Housing Commission that will allow the City to
lease space on top of Hartford Terrace to place communications towers and associated facilities.


FINANCIAL IMPACT:

$140/month/antenna



BUDGET ACTION REQUIRED:

None at this time. Appropriate budgets will need to be amended at a later date.



STAFF RECOMMENDATION:

To approve the agreement and authorize the Mayor and Clerk to sign it.



COMMITTEE RECOMMENDATION:

None.
                                                                                   2008-25(d)

                                                       TOWER LEASE


                                                       th
THIS CONTRACT OF LEASE, made effective this 11              day of-----'M"'a=r'--'c'""h'-----------~
2008, between MUSKEGON HOUSING COMMISSION, a Michigan corporation, whose
mailing address is I 080 Terrace Street, Muskegon, MI 49442, hereinafter refe1Ted to as
"Landowner" and the CITY OF MUSKEGON, a Michigan municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49443, hereinafter referred to as "Lessee."

                                                       WITNESSETH:

In consideration of the mutual promises contained herein, the patties hereto do hereby covenant,
contract, lease and agree as follows:

                                                  ARTICLE 1
                                              PREMISES AND TERM

1. I      The Landowner does hereby lease to Lessee, and the Lessee does hereby lease from
          Landowner, a certain area of space as more fully set forth and described in Exhibit "A,"
          attached hereto and made a part hereof (hereinafter referred to as the "Premises"), said
          property situated in the State of Michigan and County of Muskegon.

1.2       Landowner also grants to Lessee the right of ingress and egress 24 hours per day to the
          Premises.

1.3       The primary term of this Agreement is for a period of five (5) years from the !st day of
          November, 2006, hereinafter the "Primary Term."

1.4       The Lessee shall have five (5) consecutive additional options to renew and extend the
          term of this Lease for five (5) years each on the same terms and conditions as contained
          in this Agreement except as to rent. Each option shall be deemed exercised by Lessee
          unless Lessee notifies Landowner in writing not less than ninety (90) days prior to the
          term then in effect that Lessee does not wish to exercise this option.

                                                        ARTICLE2
                                                          RENT

2.1       Lessee shall pay ground rental under this Lease annually in advance commencing on the
          inception date of this Lease and annual thereafter as follows:




F:\Users\RT\MHC\Agreemcnts-Contracts\Tower Lease.doc                                      I
                                                               Annual Amount

                  Primary                                      $3,360 (140/month/antenna)
                  I st 5-year Option                           110% of Primary Term
                  2nd 5-year Option                            120% of Primary Term
                  3rd 5-year Option                            130% of Primary Term
                  4th 5-year Option                            140% of Primary Term
                  5th 5-year Option                            150% of Primary Term

                                            ARTICLE3
                                      LANDOWNER'S WARRANTIES

3.1      The Landowner warrants and represents that it is the owner of the Premises and that it
         has the full righi, authority and ability to enter into this Lease Agreernent and will
         continue to provide adequate power as needed.

         Landowner agrees that it and/or any other tenants of the Premises who currently have or
         in the future take possession of the Premises will be permitted to install only such
         equipment that is of the type and frequency which will not cause material interference
         which is measurable in accordance with then-existing industry standards to the then-
         existing equipment of Lessee. The parties acknowledge that there will not be an
         adequate remedy at law for non-compliance with the provisions of this Article and either
         party shall have the right to equitable remedies, including injunctive relief and specific
         performance.

                                                        ARTICLE4
                                                       LESSEE'S USE

4.1      The Lessee agrees to use the Leased Premises only for the purpose of a site or sites for its
         communication tower, facilities and equipment used in connection therewith, necessary
         and related equipment, tower anchors, the security of its facilities and such other uses
         related to the radio towers as well as to maintain or replace and modify any existing
         equipmen(during the term of the Lease, or any authorized extension, which it intends to
         locate on the Premises. Lessee agrees that ils installation, -operation and 1naintenance
         will comply with all applicable rules and regulations of the Federal Communications
         Commission and such other Federal, State and Local rules and regulations, including any
         zoning regulations, as may be applicable to Lessee's use of the Premises. Should Lessee
         be unable to use the Premises for this purpose, Lessee shall have the right to cancel this
         Lease, upon reasonable written notice to Landowner, with no further obligation to pay
         annual rentals. Lessee is hereby authorized to co-locate a new platform upon an existing
         antenna so long as it does not unreasonably interfere with the operation of the electronic
         equipment existing at the time.




F:\Uscrs\RT\MHC\Agrecments-Contracts\Tower Lease.doc                                        2
                                                       ARTICLES
                                                     IMPROVEMENTS

5. I      Landowner agrees that no part of the improvements constructed, erected or placed on the
          Premises by Lessee shall be or become affixed to or a part of the Premises, all provisions
          and principles of law to the contrary notwithstanding, it being the specific intention of the
          Landowner that all improvements of every kind and nature constructed, erected or placed
          on the Premises by Lessee shall be and remain the property of the Lessee.

                                                        ARTICLE6
                                                       END OF TERM

6.1       The Lessee shall at the termination have the right to remove from the Premises all
          personai property and iinprove111ents of ev~1y kind and nature placed ther~on by Lessee
          within thirty (30) days after termination of this Lease.

                                                     ARTICLE7
                                                LIABILITY INSURANCE

7.1       Lessee agrees that it will, at its cost during the term of this Lease, carry and maintain
          general public liability insurance against claims for bodily injury and death occurring
          within the Premises with reputable and solvent insurance companies authorized to
          transact business in the State where the Premises is located and shall provide written
          proof that the Landowner has been added as an additional insured on the policy

                                                      ARTICLES
                                                  QUIET ENJOYMENT

8.1       Landowner covenants that so long as the Lessee shall perform and observe all the
          covenants, agreements and undertakings of this Lease on the Lessee's part to be
          performed and observed, the Lessee shall have quiet, peaceful and uninterrupted
          possession, use and enjoyment of the Premises.

                                                           ARTICLE)~
                                                            NOTICES

9.1       All notices required or permitted hereunder and tender of payment of rental due shall be
          considered properly given or made when deposited by Certified or Registered Mail with
          the U.S. Postal Service, properly addressed and bearing sufficient postage, but shall only
          be considered to be effective when actually received. The addresses of the parties for all
          purposes shall be as follows:

          Landowner:
                                          Muskegon Housing Commission
                                          1080 Terrace Street
                                          Muskegon,MI 49442
                                          Phone: (23 l) 722-2647


F: \Users\R T\MHC\Agreeme nts-Contracts\Tower Lease. doc                                      3
         Lessee:
                                      City of Muskegon
                                      City Hall
                                      933 Terrace Street
                                      P.O. Box 536
                                      Muskegon, Ml 49443-0536
                                      ATTN: City Manager
                                      Phone: (23 I) 724-6705

         Such addresses may be changed from time to time by either party by serving notices as
         above provides.

                                                       ARTICLE 10
                                                        DEFAULT

I 0.1    In the event that Lessee (a) defaults in payment of any rental due hereunder; or (b) fails
         to keep or perform any other covenants herein contained; Lessee shall have a period of
         thirty (30) days following receipt of written notice from Landowner of the nature of such
         default within which to correct such default. If Lessee fails to take steps to correct such
         default within said thirty (30) day period, Landowner shall have the right at its option to
         ( a) cancel this Lease in accordance with law, or (b) proceed one or more times for past
         due installments or rental without prejudicing its rights to proceed later for remaining
         installments or (c) have recourse to any other remedy to which Landowner may be
         entitled by law.

IO .2    In the event that the Lessee defaults in any of the warranties or promises contained
         herein, Landlord shall have a period of thirty (30) days following receipt of a written
         notice from the Lessee of the nature of such default and a timeframe within which to
         correct it. If Landowner fails to take steps to correct such default within that period, the
         Lessee shall have the right at its option to cancel this Lease and pursue whatever recourse
         for any other remedy it may be entitled to by law.

                                                 ARTICLE 11
                                             ENTIRE AGREEMEr-iT

11.1     This Lease, together with the signed Exhibits and/or Addendum, embodies the entire
         agreement between the parties. There are no promises, terms, conditions or obligations
         referring to the modification of this Lease, except in writing, executed by both Lessee
         and Landowner with same formalities as this Lease. This Agreement shall be construed
         and enforced in accordance with the laws of the jurisdiction of the situs of the Premises,
         and shall be binding on the parties, their respective successors and assigns.




F:\Users\RT\MHC\Agrccmcnts•Contracts\Tower Lease.doc                                        4
          IN WITNESS WHEREOF, the Landowner has duly ,executed this Lease before two
          competent witnesses and a Notary Public on the / If t'1'-"day of       f"L
                                                                           ,,,cic_} , 2008,
WITNESSES:                                                  LANDOWNER:

                                                            MUSKEGON HOUSING COMMISSION




ST ATE OF MICHIGAN                        )
                                          jss,
COUNTY OF MUSKEGON )

        Personally appeared before me, the undersigned authority in and for the said county and
state, on this          if':
                         day of ~~                  , 2008, within my jurisdiction, the within
named f1ca,v,v>£ f>'l,t7N- ~ si7                    , who acknowledged thatjhe is :frtJt1w,7Jl.}v
    d1   ;l $c7ViL        of the MUSKEGON HOUSING COMMISSION, a Michigan
corporation, and that for and on behalf of the said corporation, and as its act and deed he
executed the above and foregoing instrument, after first having been duly authorized by said
corporation so to do,



                                                           Sit~~"'Q ~
                                                            Muskegon County, Michigan
                                                                                       ;p, 1-fl'(f(
                                                                                                   7

                                                            My Comm, Exp,       '$-s ii -I "f
                                                            Acting in Muskegon County




F: \Uscrs\R1\MHC\Agreeme nts-Con tracts\Tower Lease. doc                                        5
          IN WITNESS WHEREOF, the Lessee has duly executed this Lease before two
          competent witnesses and a Notary Public on the _J'3l/2_ day of /7laf'ch
          2008.

          WITNESSES:                                       LESSEE:




ST ATE OF MICHIGAN )
                   )ss.
COUNTY OF MUSKEGON )

        Personally appeared before me, the undersigned authority in and for the said county and
state, on this    /.;) .••.

                                         .. ;;i
                                              -..,_
                                                  ."".
                                                  C..-·
Date:         March 11, 2008
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           City - MDOT Agreement to:
              Amend the Engineering agreement with F & V to
              increase the construction Engineering fee


SUMMARY OF REQUEST:
To approve the attached contract & resolution with MOOT to amend agreement 06-
5195/SA to increase the construction engineering fee to Fleis & Vandenbrink from
$83,000 to $99,900. The increase was the result of contractor not completing the job
within the completion date as per the contract.



FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None



STAFF RECOMMENDATION:
Approve the attached contract amendment and resolution and authorize the mayor &
clerk to sign both.



COMMITTEE RECOMMENDATION:
                                   RESOLUTION 2008-25(e)


RESOLUTION FOR APPROVAL TO AMEND A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
STREETSCAPING WORK ALONG WESTERN AVENUE FROM THIRD TO TERRACE
(CONSTRUCTION OF A ROUNDABOUT & DECORATIVE SIDEWALKS AND STREETS LIGHTS
PURCHASE AND INSTALLATION) TOGETHER WITH OTHER NECESSARY RELATED WORK
AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON ANO ACTING CITY CLERK
LINDA POTTER TO EXECUTE SAID CONTRACT

Moved by Commissioner Carter                            and supported by



Commissioner_Sp~a_t_a_ro
                       _ _ _ _ _ _ _that the following Resolution be adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 06-5195/S1 between the Michigan
Department of Transportation and the City of Muskegon for the CONSTRUCTION ENGINEERING OF
STREETSCAPING WORK ALONG WESTERN AVENUE FROM THIRD TO TERRACE within the City
is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 06-5195/S1 (AMENDED) be and
the same is hereby authorized and approved and the Mayor and Clerk are authorized to execute said
contract for and on behalf of the City of Muskegon.


                    th
Adopted this   11         day of   March      , 2008.

                                                         cr~--
                                            sv~'iu         ~
                                               Warm· Qton.
                                                S~                         Mayor




                                                 Ann Marie Becker, City Clerk

                                      CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
 March 11      , 2008. 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       \ ~ ~ b\J\,M              Q~.~-1)l~
                                                           Ann Marie Becker, City Clerk
                                                    CAB
AMENDMENT TO CONTRACT 06-5195/Sl                    Control Section: HPSL61407
                                                    Job Number: 87289A
                                                    Project: Western Ave. Streetscaping
                                                    Federal Item No.
                                                    CFDA No.              20.205 (Highway
                                                                          Research Planning &
                                                                          Construction)
                                                    Contract No.:06-5195/Sl


     THIS AMENDATORY CONTRACT is made and entered into this date of
                 by    and     between      the   MICHIGAN   DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT";


and the CITY OF MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the
"REQUESTING PARTY";


for the purpose of fixing the rights and obligations of the parties in agreeing to this Amendment
to CONTRACT #06-5 I 95/S I.


       WITNESSETH:

       WHEREAS, the parties to the Amendment have heretofore, by a Contract dated 6/16/06,
hereinafter referred to as "CONTRACT 06-5195/S I" provided for the construction engineering
and financing of that which is hereinafter referred to as the "PROJECT" and is described as
follows:

Western Ave. Streetscaping with decorative pavement, street lights & sidewalks between Third
Street & Terrace in the City of Muskegon.




    WHEREAS, the REQUESTING PARTY has requested that the PROJECT work of
CONTRACT 06-5195/Sl be revised to allow for additional engineering fee for Fleis &
2/4/87 amend.for 3/5/08
                                                I
Vandenbrink (consulting firm) and the PROJECT COST be revised to reflect an increase in the
CE fee from $83,000 to $99,900; and

        WHEREAS, the DEPARTMENT and the REQUESTING PARTY having appropriate
authority desire to amend CONTRACT 06-5195/S 1 to provide for the additional construction
engineering fee due to delays by the contractor in the completion of the construction which was
scheduled for September of 2006 but not completed until December of 2006. Contractor was
assessed liquidated damages for the delays.


       NOW, THEREFORE, it is hereby agreed by and between the parties hereto that:

1.      The third pruty agreement, SUBCONTRACT 06-5195/S 1, for the Construction
Engineering Contract between the City of Muskegon & Fleis & VandenBrink is revised to read
as follows:

The Amount of Subcontract is $99,900.

2.      The REQUESTING PARTY waives any and all claims it has or may have against the
DEPARTMENT which arise out of the need to amend CONTRACT 06-5195/Sl.
3.      This Amendatory contract shall become binding on the parties hereto and of full force
and effect upon the signing thereof by the duly authorized officials for the parties hereto; upon
the adoption of the necessary resolution approving said contract and authorizing the signatures
thereto of the respective officials of the REQUESTING PARTY, a ce1tified copy of which
resolution shall be attached to this contract.

       IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.

CITY OF MUSKEGON                                    CONSULTANT:
                                                    FLEIS & VANDENBRINK


                                                    ff¥~~
                                                    Title Pro~ se.c-t ,N\1;1.~'3'l.,(




2/4/87 amend.for 2/26/08
                                               2
                                EXHIBIT I REVISED

                          CONTROL SECTION         HPSL 61407
                          JOB NUMBER              87289A
                          PROJECT   Western Ave. streetscapping


                                ESTIMATED COST

CONTRACTED WORK

      Estimated Cost                                              $930,000




FORCE ACCOUNT & AGREED UNIT PRICE WORK (REQUESTING PARTY)

      Construction Engineering & Inspection                    $99,900
      TOTAL ESTIMATED COST (FORCE ACCOUNT, ETC.)              $170,000


GRAND TOTAL                                                  $1,199,900




2/4/87 amend.for 3/5/08
                                         3
                       AGENDA ITEM NO. _ _ _ _ _ __

                    CITY COMMISSION MEETING March 11, 2008


TO:           Honorable Mayor and City Commissioners

FROM:         Bryon L. Mazade, City Manager

DATE:        March 5, 2008

RE:          Housing Commission Appointments



SUMMARY OF REQUEST:

To appoint the following persons to the Muskegon Housing Commission:

Marilyn Brooks (1/31/11)
Angela Anthony (1/31/12)
Maxine Lenear (1/31/ 13)

FINANCIAL IMPACT:

None



BUDGET ACTION REQUIRED:

None



STAFF RECOMMENDATION:

To approve the appointments



COMMITTEE RECOMMENDATION:

None
                                                                                                                 Date:   11- l~-c~
                                                             CITX. .OEMllSKEGON
                                                        IALENT BA.tiK...Aeet.rCATION

      Please Type or Pn·nt. Applications will be kept on file for one year. All applicants subject to a background check.




      ::::AD~:~i4~ d;;·L~~~~ue_       t.reet. City, Slate, Zip)

      HOME PHONE#:           s<1'3 \ :    ~ aJ - ~ t&                     l            WORK PHONE     #:._-=--iu~t......&:-------
      OCCUPATION:             1\.) t V\                                                EMPLOYER:............<.../\J~/_Jl-_ _ _ _ _ __
                                      {If retired, give former occupation)

      EDUCATION:        I«'1 ~
      PERso""L & cOMMuNITY AcTIv1TIEs: [                Xtcd\s.n;:::9 1'-i.0-d                          u,.':Pd$ , 1 .Ja I IS15 uncl C.yj l~5 ·
      Why would you be a good member of this committee? What do you bring to the committee ?

     -;--              u IJ                                                                                                           I      n   n~k-tJ 1
                   \     '\1          e   I~- .'   Lt_,, - (\                     d-+. r-s                .,, l& e       l   c._--\ : ', Q   C\+ l?e.J1,..<,:.
      ~          ~     O..t½-,. :I. Oil~:-                 ict'.G'\15 1 So                 u-ticn..s end Y\e:h...1.krkJr~

      ,. &,~
      PERSONAL REFERiNCES: {Please list the name and phone numbers of three personal references)

                !Q,[7-1        5\-v,,phedl .                                                        '1 JS::- 31,30
      2      ~O ~ N ~ • ~ +                          . .        • .                           , :    i: Jf'i!::i"'.: Num~er) Ce!<.-
      3.   f\~-~~ln>~ f;Q:'Q {Name)
                                                                 -                              abl: rfa.n~mro~9,3
                                                                                                      {Phone Number)

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

      { ) Board of Canvassers                                                          ( ) Housing Code Board of Appeals
      ( ) Board of Review                                                     it:~ (./) Housing Commission
      {..J£11Melery Ge"'mitte&                                                         (  ) Income Tax Board of Review
      ( ) Citizen's Police Review Board                                                ( ) Land Reutilization Committee
      ( ) City Employees Pension Board                                                 ( ) Leisure Services Board
      ( ) Civil SeNice Commission                                                      ( ) Loan Fund Advisory Committee
      { ) COBG-Cilizen's District Council                                              { ) local Develop. Finance Authority
      { ) Construction Board of Appeals                                                ( ) Local Officer's Compensation Com.
      ( ) District Library Board                                                       ( ) Planning Commission
 3
_$    ('1) Downtown Development Authority/Brownfield Board                     .       { ) Police/Fireman's Pension Board
      ( ) Election Commission                                                 :lf'-.i (~  Public Relations Committee
      ( ) Equal Opportunity Committee                                                  ( ) Zoning Board of Appeals
      ( ) Historic District Commission
      ( ) Hospital Finance Authority

     Are you willing to serve on other boards/committees not checked off above?                     §       NO     {Circle one)

     * Attach Additional Sheets or Resume if Desired.

      Return this form to:            City Clerk's Office, 933 Terrace SI., P. 0. Box 536, Muskegon, Ml 49443-0536




                                                                      -       V    -
                                                                                                       Date;
                                                           ~IJY OF MllSKEC1.QN
                                                       TAl ENT RANK APPLICATION

        Please Typa or Print. Applications will be ,,ept on file for one year. All applicants subject to a background check.


        NAME:._ _M:..,.a,,,_"'x1"'·nccee._,L,,_,e,,.,n.,_,e.,a,,r~----------- DATE OF BIRTH:                   February 26

        HOME ADDRESS:              604 Allen                Muskegon Michigan                49442
                                    (Street, City, s1.ate, Zip)

        HOMEPHONE#:._~2~3~1,_~7~26~-~9~2~4,:L,_ _ _ _ _ W D R K P H O N E ~ - - - - - - - - - -

        E-MAILADDRESS:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

        OCCUPATION:. _ _ _R_e--,t,.,i_r_e_d--=Ec,:x..::ec.:1:.::cut.::1=·-'-ve::....;D::;1=:·r=.-,- EMPLOYER:_~C~A~AP'----------
                               (If retired, giYa rormer occupation)

        EDUCATION,:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


        PERSONAL & COMMUNITY ACTIVITIES.               Bethesda           Baptist     Churc b    Habitat for Humanity
        CIVIC ORGANIZATIONS: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

        Why would you be a good member of this committee? What do you bring to the committee ?

         Member since 1988; experi8nce both personal end professional




        PERSONAL REFERENCES: (Please list the name and phone numbers of three personal referances)

        1· - - Charles W. Poole Sr.
               ---.,,.,.-------'--- - - - - - - -                                         231  722-7552
                    (Name)                                                                   (Phone Number)
    2.       Marion Palmer                                                                231 777-3425
                    (Name)                                                                   (Phone Number)
    3,       Jerry     Lottie                                                             231     740-7349
                    (Na,e)                                                                      (Phone Number)

    PLEASE INDICATE BpARDS/COMMISSIONS/CDMMITTEES INTERESTED IN SERVING ON - MARKJNG #1 AS
    YOUR FIRST PREFERENCE:

     ( ) Board of Canvassers                                                   ( ) Housing Code Board of Appeals
     ( ) Board ofReview                                                       ( )I Housing Commission
     { ) Citizen's Police Review Board                                        ( ) Income Tax Board or Review
     ( ) City Employees Pension Board                                         ( ) Land ReuUlization Committee
    ( ) Civil Service Commission                                              ( ) Leisure Services Board
    ( ) CDBG-Cltizen's District Council                                       ( ) Loan Fund Advisory Committee
    ( ) Construction Boaru of Appeals                                         ( ) Local Develop, Finance Authority
    ( ) District Library Boaru                                                ( ) Local Officer's Compensation Com.
    ( ) Downtown Development Authority/Browofield Board                       ( ) Planning Commission
    ( ) Election Commission                                                   ( ) Police/Fireman's Pension Board
    ( ) Equal Opportunity Committee                                           ( ) Public Relations Committee
    ( ) Historic District Commission                                          ( ) Zoning Board of Appeals
    ( ) Hospital Finance Authority

    Are you willing to serve on other boards/committees not checked off above?            YES     NO     (Circle one)

    • A~ach Additional Shoats or Resume if Desired,
    Return this form to:       City Clerk's Offic,,, 933 Terrace SL, P. 0, Box 536, Muskegon, Ml 49443-0536




                                                                  -   V   -


009-,      ZOO/ZOO. d zsv-1                                                                                              ~dEo: 1o eooz-vo-zo
Date:              March 11, 2008
To:                Honorable Mayor and City Commissioners
From:              Engineering
RE:                Public Hearing
                   Create Special Assessment District for:
                   ESTES ST., FAIRAVE. TO LAKESHORE DR.

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



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

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



COMMITTEE RECOMMENDATION:




O;\ENGINEHRING\COMMON\2008 PROJECTS MASTilR\PROJECTS\ESTHS ST PAIR TO LSD\crentc specint nsse,gsn:iont district for Estc.9 03~11-08,doc
Date:             March 11, 2008
To:               Honorable Mayor and City Commissioners
From:             Engineering
RE:               Public Hearing
                  Create Special Assessment District for:
                  !SABELLA AVE., AMBROSIA ST. TO WILLIAMS ST.

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



FINANCIAL IMPACT:
None at this time,



BUDGET ACTION REQUIRED:
None at this time.

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



COMMITTEE RECOMMENDATION:




O:IIlNOINEERING\COMMON\200R PROJECTS MASmR\PROJ8CTSIISABELI,A AVB, AMDROS[A TO WILLIAMS\creote speciRI Rssess,nont district for I,abella
03-11-08.doc
                                                        CITY OF MUSKEGON

                                                     Resolution No. 2008-26(b)


                               Resolution At First Hearing Creating Special Assessment District
                                   For: Isabella Ave. from Ambrosia St, to Williams St.

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


 RECITALS:

 1.        A hearing has been held on March 11, 2008 at 5:30 o'clock p.m. at the Cily Commission Chambers.
           Notice was given by mail and publication as required by law.

2.        That estimates of costs of the project, a feasibilily 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 11, 2008, there were 11. 91 % objections by the owners of the pl'Operty in the
          district registered at the hearing either in writing received before or at the hearing or by owners or agents
          present at the hearing, and the Commission has considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOLVED:

1.        The City Commission hereby declares a special 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 Depa1tment shall prepare plans for financing including
          submission of application to the Michigan Department of Treasury and the beginning of bond proceedings.




O:\ENOINEERING\COMMON\2008 PROJECTS MASTBR\PROJECTS\ISABELLA AVE, AMBROSIA TO WILLTAMS\creflle special a:isessmenl district for Isabella
03,11,08.doc
 3.       The City Commission hereby appoints a Board of Assessors consisting of City Commissioner
              Shepherd                          and Mayor Warmington              and the City Assessor who are
          hereby dfrected 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
          19% 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 dir~cted 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, Wierenga, Wisneski, Carter, and Gawron


         Nays None




                                                                         CITY OF MUSKEGON


                                                                         B~~;\~~twl
                                                                                Ann Marie Becker, City Clerk


                                                       ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March 11, 2008. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts
of 1976.

                                                                CITY OF MUSKEGON


                                                                By \             1\              ,~
                                                                        )_J\::::,. ID ~\._ \.A_\ \;> \ \ j     l ·>
                                                                                                                 .,L
                                                                         Ann Marie Becker, City Clerk




O:IENOINEERING\COMMON\2008 PROJECTS MASTER\PROJECTS\ISABBLLA AVE, A.\.tBROSIA TO WILLIAMS\cree.to spociat assessment districl for Isabella
03-11-0S.doc
                                                              EXHIBIT A


                                                 Isabella Ave., from
                                              Ambrosia St. to Williams St.
                                             SPECIAL ASSESSMENT DISTRICT .

                                              . All properties abutting that section of
                                      Isabella Ave., from Ambrosia St. to Williams St,




O:\ENGJNEBRrNG\COMMON\2008 PROJECTS MASTER\PROJECTS\ISABELLA AVE, AMBROSIA TO WILLIAMS\create special as·sessment district for lsabolla
03-11-08,doc
            11
EXHIBIT A SPECIAL ASSESSMENT DISTRICT
       11




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                 I                      III
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                                                    NO SCALE
                                   AFFIDAVIT OF MAILING


STATE OF MICHIGAN              )
                               ) ss
COUNTY OF MUSKEGON)

 TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                       Isabella Ave., Ambrosia St. to Williams St.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 29TH DAY OF FEBRUARY, 2008.

                                              \ '·,1\ ~'\.\.\¼ ~u1(_,LL L \
                                                                       1
                                                       ANN BECKER, CITY CLERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 3 I' 4 DAY OF mq rc 6           , 2008.

 d//1da              !1o/iuc
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9'- o1s - ;l,.0/ -2.




O:\ENGINEERING\COMMON\2008 PROJECTS MASTER\PROJECTSIISABELLA AVE, AMBROSIA TO WILUAfvlSISA
TNFOl[SABELLA CREATION AFFIDAVIT.doc
                                                  CITY OF MUSKEGON
                                              NOTICE OF PUBLIC HEARINGS
                                             SPECIAL ASSESSMENT DISTRICTS

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

                             BEIDLER ST,, LAKETON AVE. TO SOUTHERN AVE.
                                 ESTES ST., FAIR AVE. TO LAKESHORE DR,
                              ISABELLA AVE., AMBROSIA ST. TO Wil,LIAMS ST.
                             SEVENTH ST., WEBSTER AVE. TO MUSKEGON AVE.
                         ROBLANE ST,, QUARTERLINE RD. TO MARLANE RD, (2•d Notice)

The specific locations of the special assessment districts and the pl'operties proposed to be assessed are:

                         All parcels abutting Beidler Street from Laketon Ave. to Southern Ave.
                               All parcels abutting ll!stes St, from Fair Ave. to Lakeshore Dr.
                          All parcels abutting Isabella Ave., from Ambrosia St. to Williams St.
                         All parcels abutting Seventh St. from Webster Ave, to Muskegon Ave.
                    All parcels 11,b_uttlng Roblane St. from Quarterllne Rd. to Marlane -St. (z•d notice)

The City Commission pl'oposes that the City and property owners by means of special assessments will share the cost of
improvement, You may examine pl'elimina1y plans and cost estimates in the City Hall's Engineering Department
during regulal' business hours• between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.

PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION
CHAMBERS ON MARCH 11, 2008 AT 5:30 O'CLOCK P.M.

PLEASE UNDERSTAND TI-iA T YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN
WRITING OR IN PERSON AT THE HEARING, IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED (AT A
LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE ROLL'S
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL.
HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE HEARING CONFIRMING Tiffi ROLL,
EITHER IN PERSON, BY YOUR AGENT OR REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL DE LOST.

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


PUBLISH:          March 1, 2008                              Ann Becker City Clerk ·
                                                  ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually Impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:                                             ·

                                                     Ann Becker City Clerk
                                             933 Ten·ace Street, Muskegon, Ml 49440
                                             (231) 724-6705 or TDD (231) 724-6773




0:\ENOJNEERING\COMMON\2008 PROJECTS MASTER\PROJECTS\ISABELLA AVE, AMBROSIA TO WILLIAMS\create speciel osees!lment district for Isabella
03-11.08.doo
                                          ENGINEERING FEASIBILITY STUDY
                                                  Isabella Ave. from
                                               Ambrosia St. to Williams St.

The proposed resurfacing oflsabella Ave. between Ambrosia St. & Williams St., see attached special assessment
district map, was initiated by the City due to the street conditions. We feel that resurfacing is the most effective
method especially with the needs for other utilities work such as water & sewer that will enable us to remove the
entire asphalt surface and repave that section while salvaging the existing curb & gutter.

A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is
attached.

The preliminary cost estimate for the work associated with paving is approximately $140,000.00 with the length of
the project being approximately 1,091 lineal feet or 1,477.5 feet of assessable front footage. This translates into an
estimated improvement cost of$95.00 per assessable foot. However, based on the 2008 assessment figure for this
type of improvement, the assessment will not exceed $17.15 per assessable foot.




O:\ENGINEERINO\COMMON\2008 PROJECTS MASTERIPROJECTS\ISABELLA AVE, AMBROSIA TO WILLIAMS\crente special nesessment district for Isabell,
03-11-08,doc
                                      MUSKEGON COUNTY
                                      MICHIGAN


                                                                              February 20, 2008
    BOARD OF             Mohammed Al-Shatel, City Engineer
COMMISSIONERS
                         City of Muskegon
James J. Derezinski      933 Terrace Street
   Chair, District 4     Muskegon, MI 49443
     I. John Snider II   Mr. Al-Shatel:
Vice Chair, District 3

         P. Don Aley     In accordance with your request, I have examined the proposed special assessment
            District 7   district entailing the reconstruction ofisabella Avenue from Ambrosia Street to
  Charles L. Buzzell
                         Williams Street (Project# H-1633). The purpose of this analysis is to document the
           District2     reasonableness of this special assessment district by identifying and quantifying any
         Lew Collins
                         accrued benefits. It is subject to the normal governmental restrictions of escheat,
           District6     taxation, police power an4 eminent domain. The effective date is February 20, 2008.
    Marvin R. Engle      The proposed special assessment district encompasses primarily residential properties.
           District 5    The City of Muskegon's Engineering Department has provided all frontage estimates
              Bil!Gill   in accordance with the City's Special Assessment Policy and all project-related costs.
            District 8   The total project cost is estimated to be $225,000. The amount of money to be spread
  Kenneth Mahoney        to the 26 property owners has been estimated at $47,280.00 or 21.0% of the total
          District 1     costs. The proposed front foot rated to be spread is $32.00. The City's Engineering
 Louis A. McMurray
                         Department is solely responsible for these figures.
           District 9
                         In conclusion, it is my opinion that the special assessment amounts as provided by the
     Robert Scolnik      City justly and reasonably represents the accrued benefits to the properties
        District 11
                         encompassed by this project. The amounts reflect the sum of the immediate estimated
    Roger C. Wade        value enhancement and the intrinsic value that will accrue from an overall increase in
        District 10
                         property values due to an improved quality oflife created by the proposed project.
                         Simply stated, the front foot rate of$32.00 to be spread over an assessable footage of
                         1477.50 for the reconstruction of the above mentioned project area appears reasonable
                         and equitable based upon the data presented by the City of Muskegon Engineering
                         Department, and on supporting office records.


                         Sincerely,



                         Dennis W. Bums, CMAE 3
                         Assessment Administration Supervisor



                    EQUALIZATION DEPARTMENl' - 173 E. APPLE AVE., BUILDING C - MUSKEGON, Ml 49442
                     WWW.CO.MUSKEGON.Ml.US/EQUALIZATION (231) 724-6386 - FAX (231)724-1129
                                       TTY 1231)722-4103 - An EEO/ADA/AA Employer
!iW\'/I,P.;fjr•rlrntnl    February 29, 2008
1r.cx, ,2,!J1lli-sm
                                                       Wl'8t Michigan's Bhorellno m,y




                          Parcel Number:                                 at

                                            NOTICE OF Hf;flRING ON SPECIAL ASSESSMENT

                          Dear Property Owner:

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

                                        !SABELLA AVE., AMBROSIA ST. TO WILLIAMS ST.

                          The proposed special assessm_ent district will be located as .follows:

                                  ALL PARCELS ABUTTING /SABELLA AVENUE FROM AMBROSIA STRE!;T .
                                                   . TO WILUAMS STREET ·
                          It is proposed that a portion of the above improvement will be paid by special
                          assessment against properties in the aforementioned district. Followirig are conditions
                          of the proposed special assessment which are Important to you.
W1k~t1f1J:.•,u                                                      Public Hearings
fJll\~ftrffl"   1    .
\r,I!(, (»1)714-6790       An initial public hea.rlng to consider the creation of a special assessment district will be
                         · held at the Oily of Muskegon City Commission Chambers on MARCH 11, 2008 at 5;30
f,•lll,~~f\kln•nl.         P.M. You are encouraged to appear at this hearing, either In person, by agent or In
11.l11, (:iJl)~Zl-5140
                           writing to express your opinion, approval, or objection concerning the proposed special
      c.Wori.. Dept.     . assessment. We are enclosing a Hearing Response. Card for you to Indicate your
Fi~  7l4•fJOO
     i '" )722-4188        agreement or opposition to the special assessment. This card Includes the property
                           Identification and description, assessable footage per City policy, and the estimated
                           cost of the assessment. You may also appear, as above, In lleu of, or In addition to
                           mailing your response card to the City Clerk. Written objections or appearances must
»'flff,~!!JntD•pt.         be made at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE
l'Ax, ~l#f,.616&           CREATED OR NUL.LIFIED AT THIS HEARING. IT IS IMPORTANT_ FOR YO.U TO
                           COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE
                           SPECIAL ASSESSME,NT.
                              Cltv ofMU$keKon, 933 Terrace Street. P.O. Unx !1136. M11okermn. Ml dll44~.M~li
 A second public hearing will be held to confirm the special assessment roll after the
 project Is under way. You will be mailed a separate notice for the second hearing. At
 this second hearing the special assessment costs will be spread on the affected
 properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO
 PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
 WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT
 ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30)
 DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN
 APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
 PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
 THE ROLL,EITHER IN-PERSON, BY AGENT, OR IN WRITING BEFORE ORATTHE
 HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
 LOST..

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

                                     Estimated Costs

 The total estimated cost of the street portion of the project is-$140,000, of which,
 approximately 19.0% ($25,339.13) will be paid by property owners through special
 assessment. Your property's estimated share ·of the-special assessment is shown on
 the attached hearing response card. The remaining costs will be paid by the City.

  The street special assessment, which covers improvements to the roadway, may be
  paid in installments over a period 0f up to ten (10) years. Any work on.drive approaches
  or sidewalks will be assessed to the property at actual contract prices and these costs
. may also be paid in installments over ten (10) years. Please note this work Is In
  addition to the street special assessment.                    ·

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

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

 Sincerely,




 Mohammed AI-Shatel, P.E.
 City Engineer
FEBRUARY 29, 2008




The City of Muskegon is asking for your support for Improvement of the street adjoining your
property located at

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

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

Whlle the City of Muskegon believes that.the proposed improvements wlll result in a safer and
cleaner street while adding curb appeal to your property, you do have th!f) right to ask further
questions or protest participation in this particular project. Please carefully review the .
enplosed materials and call the City's Engineering Department at 724-6707 If you require
more Information.

A public hearing is also scheduled for.this project on MARCH 11, 2008. If you attend this
public hearing you will be given an opportunity to make corn.ments on the proposed special
assessment district to the commission.

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

Thank you for-your participation in improving the quality of life in the Muskegon community.




O:\BNOINBBRJNO\COMMON\2008 PROJECTS MASTERIPROJBCl'SIISABELLA AVE, AMBROSIA TO W!LLIAMSISA INFOISA
Intro lotter of special IISlJesement letter, pre•merge,doc
                          · Special Assessment Payment Options
Property owners In the City of Muskegon who are being epeclally aeeeaaed for.street, eldawalk or other public
Improvements may pay their asaeaamant In tha following waye:
f. 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.                                                                            ·

 I/. Installment Payments
 Assessments not paid within the first sixty (60) days may be paid In Installments over several years as follows:

              Street and Al(ey Assessments - Ten (10) years equal annual principal payments. For example, if the
              amount of your assessment ls $850.00, you will be billed $85.00 per year plus applicable interest as
              described below.
              Driveway, Sidewalk, and Approech Assessments - Ten (10) years equal annual principal payments
              plus applicable Interest as described below. ·

              Interest- Sim pie 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 suc)'l cases, the interest you are charged is equal _to the Interest rate the City
              must pay on the borrowed money plus 1.00% .

. .I/I. Special Assessment Deferral (Low          Income
                                                   Seniors andD{sabledPersoO§)
                                                      .
 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 wlll 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 $peclal assessment Is deferred
  interest ls 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 r,nay be obtained by calling either the City
 Assessor's Office at 724-8708 or the City Tr~9!iurer's Office at 724-6720. Appl/cations mey be obtained at
 the Muf/kegon County Equal/zatlon Office In the Muskegon Gounty builfilng or City of Muskegon Assessor's
 Office in City Hall.                               ·

  v.  Additional Spec/a/ Assessment Payment Assistance
 Qualified low and moderate income homeowners who are being assessed may _be ellglble 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 av.ailable. To obtain further Information and
 determine whether you are eligible, contact the Community and Neighborhood Services Department at
  ---·     ft .... -                                          •         '     •                                '
                                                         cn:v OF MUSKEGON
                                     ISABELLA AVE., AMBROSIA TO WILLIAMS H-1633



-Dear Resident:
 The City of Muskegon has selected you_r neighborhood and-your property for its oomprehensive sidewalk replacement
 program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe
 sidewalks adjoining their properties. To assist homeowners, who. may have difficulty paying the cost of sidewalk
 repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for
 eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessmen
 for you to the extent that funds are available.
•ApplicatioQ. .Requirements:
. ✓ Applicants must su~mlt proof that thei~ total ltousehold income does not exceed 65.o/o- of Area Median
      Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
      2007, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
      income.                                               ·
                                                                           2008


                                                     FAMILY SIZE                  INCOME LIMIT
                                                              1                        $28,210
                                                              2                         32,240
                                                              3                         36,270
                                                              4                         40,365
                                                              5                         43,550
                                                              6                         46,800
                                                            7                           49,985
                                                            8                           53,235
                                                   For each extra, add                   3,250

 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
      Contract purchasers ni.ust obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
      a deed, mortgage, or land contract; proof of occupancy C/111 be a copy of a driver's license or other official documen
      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 ciocwnentation, to:                       City of Muskegon
                                          Community & Neighborhood Services
                                            933 1'errace 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 1•lght ta verlfj, all qppllcation Information. if current owner sells the home prior to the spec/a/ assessment c011flrmal/on,
 the applloatlon is no longer valid. Thli City also l'//Serves the right to ,·eject any applications that contains falsified i'lformatlon 01· /nsrdficient
 documentation. The City must complete the sidewalks. Costs Incurred from repairs done by yo11 or a private contra_ctor w/11 lJ!J1 be reimbursed.
                                         SPECIAL ASSESSMENT
                                   HEARING ·RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                       Return This Card By MARCH 11, 2008
    Project Title:            •!SABELLA AVE,, AMBROSIA ST, TO WILLIAMS ST,
   · Project Description        RE:CONSTRUCTION
    INi:lTR!,JCTIONS
    If you Wish to have your written vote Included as part of the tabulation of votes forwarded to
  . t~e. ~ltY: Commission for the sch1:1duled public hearing, please retur,n this card by f/'le.date.
    lti!;II0~ted £!bove. To .use this. resp~nse.· card ple111se lndi~at~ v,/hethet you Oppos~ or Favor
  . t~ls ·~p~cla] .asses·sm$htprc;iJecti sign the form ·and ·return ·1t to ·t~e City".Clerk's. Offiee..",Tcf ·. ·
    returti this card by rri_all, simply fold on the dotted llnes so th.e address·on the reven,e side. is
   .sho.,Ylhg. Be sure to seal the form with a small-piece of tape or staple prior to malling;· IF
    YQU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PRO~.E~T. ·                                                           .           .
   Ass~s~mtirn Information
   Property Address:
    P~rcel Number
    Assessable Frontage:                                -            Feet
   Esti,mafE!d Front Foot Cost:                             $17.15   per Foot
   1:$"tl;.iiATl;b TOTAL COST
   .Pcpi;ierty D~scrlpUon
   CITY. OF· MUSici~l ..,Q~ec:c::m.ont
    _.. ,, ·--F-' ·,_,, ~'!'-.·- ~:.. ... .., ·~ ,nrn1'Ar-t   -•;;::,•· +h.t:\
                                                  .... - --~, c:dnn     ........ f,..._rmf.. ..... rl
                                                                                 , ......... Y,,   ...
                                                                                                       r~tur
                                                                                                        '-"
                                                                                                             . . . :+ "'o •he,-.,...,.
                                                                                                            Ill H L       lll
                                                                                                                                       r-1-::-- 1, 1.... ,...u:...,e ~-
                                                                                                                               v11..y v-..:;JI"\.:) VIII\., ,        I U

    return ihis card by mail, simply fold on the dotted lines so the address on the reverse side is
     showi~1, Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DD NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
     PROJECT.     \

    Assesstilent Information
                  \
     Proper!~\ Address:                                                           432 EI SABELLA AVE
     Parcel ~mber                                                             24-205-068-0009-10
             i
     Assessa~le Frontage:                                                     44                  Feet
                        '\
    EstimatedFront Foot Cost:                                                 $17.15              per Foot
                             i
    ESTIMATED TOTAL COST                                                     $754.60
    Property Description
    CITY OF MUSKEGON REVISED PLAT OF 1903 E 44 FT LOT




                                                                 Your vote COUNTS!

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


            I AM IN FAVOR                   □                                                                  I AM OPPOSED/~
                                                                                                                                              (

Owner                                                                       CoOwner/Spouse
                      .......;.,....;.,.,;;;+-~-'-....,;;;.:..:;.;'-,;;._                                 ------------
Signature                                                                             Signature
Address                                                                               Address
                                                                                                                                                               4
           Thank you for taking the time to vote on this important issue.                                                      ''"'''""' ,,,.,o, 1-"'
                                                                   SPECIAL ASSESSMENT
                                                         HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                                      Return This Card By MARCH 11, 2008
     Project Title:                                !SABELLA AVE., AMBROSIA ST. TO WILLIAMS ST.
     Project Description                           RECONSTRUCTION

    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    thiC' sn.o.ri,:.I ~c,::,r.,,~cmc .... t n..-.-..J· .... ,...+ ,..j,..,..,, ,f,h,-. .,:,...,..........,_ .-.--,..J .............. .- ;,1, t"" .1,1........ ,-..·1•y f"'l.o ... k'- 1"""1.t;&:-.~ To
    •·"-   r-._....,,,.,..., .., . ._.._.._._._.;1, ,n r-''-' ...,..., .. , '-'1):11• .. ,,,_.. 1v111, ,._.,,u 1~1.UIII tl V UIO V l                                   '--'jv, 'I.;:, VII.IV~.      I

    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
     Property Address:                                                                       1095 SOPHIA ST
     Parcel Number                                                                          24-205-24 7-0007-10 .
     Assessable Frontage:                                                                   66                      Feet

    Estimated Front Foot Cost:                                                              $17.15                  per Foot

   ESTIMATED TOTAL COST                                                                    $1,131.90
                                                                                                                                                          City Clerks Office
   Property Description
   CITY OF MUSKEGON REVISED PLAT OF 1903 ELY 66 FT LO




                                                                            Your vote COUNTS!

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

              I AM IN FAVOR                       [gJ                                                                              I AM OPPOSED                          □
Owner           {!t.,,F7cJ~ l, {!;,4u5E                                                CoOwner/Spouse                         dJa,,&6-u::                    P, G-:9:U.S ~
Signature          c'~>c c( &..e.. s E                                                               Signature             e,;?l62Tcc.                 ,},":> 1•*t,l{6L,t'
                                                                                                                                                                c


Address              /0 £,S:::-Sp(/,;<;2--.S~/                                                       Address                   /llOPERTY INFORMATION
    Proof Of Ownership:                       ( ) Deed'                     ( ) .Mortgage                   ( ) Land Contrnct
    Homeowlier's lnsnronce Co: _ _ _ _ _ _·_,_ _ _ _ _ _ EKpiratlon Dnto:

.Property TaKOs: ( ) Cunent ( ) Delinquent                    Year(s) Due
(Property ioxas must be current to qOallfy and wlil be verified liy COBO staff)
                                                                                                                             ,...      ·'.                ·,:,"' , ..... ,   .. ·. ,..... ···•·,· ., .,, ·•· .·. :;   .

                                                                                            · 9WNER'll!.SIGNATURE

    Owner's Slgnnture:__,~--,------,---,-,-,----..,----,---,,--= D11te:
    By signing this application, the applicant verifies he/she owns and ocyupjes the dwelling. The Applicant/Owner certifies
    that all information in this application, and all information fumished·in support of this application, istrue·and complettitothe
    best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the applioation
    being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
                                                       FOR OFFICE USE ONLY                                ,, · · ,     . ' ' r : • • "'
    APPROVED ( )                          DENIED ( )                        DATE.~.~~- CENSO~TRAC'l'NO,

    SIGNATURE _ _ _ _,_ _ _ _ _ _,,--···_~--- TITLE
                                     .'         '.
    COMMENTS/REMARKS
                                                                                                                                                                                   ,,·,


                                                                                        ""'ATTENTION APPLICANT""'
           Dtnnc,,.-, 11,n.-. .,......,..,..,.,...   ..,:,.1,. ~- ... i .... ,..,.., ............ _., ••- _ ........ r.1J .. ~- •· •         r>   "'•
                                      SPECIAL ASSESSMENT
                                HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your yote count, please ·

                      Return This Card By MARCH 11, 2008
    Project Tltle:           BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.
    Project Description: RECONSTRUCTION                                       .   ·••,(,,'
                                                                                   ,-.,.-   ..
   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing; please return this card by the date
   indicated above. To use this r1:1sponse card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office: To
   return this card by mall, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:
    Patcel Number
    Assessable Frontage:                           -·         Feet
   Estimated Front Foot Cost:                      $32.00     per Foot
   ESTIMATED TOTAL COST
   Property Descrl,;ition
  · CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 8LK 43




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

          I AM .IN FAVOR     □                                       I AM OPPOSED                □
Owner
Signature
             ---------- CoOwner/Spouse
                            Signature
                                       ------------
Address                                                  Address

         Thank you for taking the time to vote on this important Issue.    u•irnosr•reso,AMemcA a
                        SPECIAL ASSESSMENT                                        H-1.577
      . CITY OF MUSKEGON                                  HEARING DATE:      MARCH 11, 2008


      BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.

  1                        LUNA JOSE L/MARIA                   ASSESSABLE FEET:                  41.25
  24-205-433-0001-00       1656 6TH ST STE 1                   COST PER FOOT:                    $32.00
  @ 1560 BEIDLER ST .      MUSKEGON        Ml 49441-248        ESTIMATED P.O. COST;      I   $1,320.00     I

 2                         PHINNEY WENDY S/PHINNEY H ASSESSABLE FEET:                            62.50.
 24-205-433-0002-00        1574 BEIDLER ST           COST PER FOOT:                              $32.00
 @ 1574 BEIDLER ST         MUSKEGON       . Ml 49441 ESTIMATED P.O. CQST:                I   $2,640.00     I

 3                         UNITED STATES OF AMERICA            ASSESSABLE FEET:                   0.00
 24-205-433-0004-00        925 KEYNOTE CIR 2ND FLOOR           COST PER FOOT:                   $32.00
 @ 1580 BEIDLER ST         BROOKLYN HTS OH 44131               ESTIMATED P.O~ COST: !.___---'--$0_.o_o_.!




 4                          ADAMS IRAD                         ASSESSABLE FEET:                  41.25
 24-20~•433-0019-00        ·1600 BEIDLER S't'.                . COST PER FOOT:                   $.32.00
 @ 1600 BEIDLER ST          MUSKEGON           Ml 49441        ESTIMATED    P.O. COST:   I   $1,a?o.oo 1




 5                         NELSON COMMUNITY ASSOCIA ASSESSABLE FEET:                             41.25
 24-205-433-0019-10        P.O. BOX 1638              COST PER FOOT:                             $32.00
 @ 1608 BEIDLER ST         MUSKEGON      Ml 49443-943 ESTIMATED P.O~ COST:               !   $1,320.00 1




 6                         RAAP RODNEY R                      · ASSESSABLE FEET:                 41.25
 24-205-433-0020-00        1696 BEIDLER ST                     COST PER FOOT:                    $32.00
 @ 1596 BEIDLER ST         MUSKEGON        Ml 49441            ESTIMATED P.O: COST:      I   $1,320.00     I



· 2/29/2008                                                                                   Paae 1 of7
     CITY OF MUSKEGON                            HEARING DATE:     MARCH 11, 2008


  BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.·

7                       CHAVEZ MARIA L/GOMEZ SILVIA ASSESSABLE FEET:                     41.25
24-205-433-0021-00      1590 BEIDLER ST             COST PER FOOT:                     $32.00
@ 1590 BEIDLER ST       MUSKEGON        Ml 49441       ESTIMATED P.o:   cosr: I    $1,320.00        I

8                       UNITED STATES OF AMERICA       ASSESSABLE FEET:                   0.00
24-205~434-0008-00      925 KEYNOTE CIR 2ND FLOOR      COST PER FOOT:                 $32,00
@ 1561 BEIDLER ST       BROOKLYN HTS OH 44131          ESTIMATED P.O. cosT:   . _ I_ _..;..$0_.o_o_.l




9                       KAMP THOMAS R                  ASSESSABLE FEET:                  82.50
24-205-434-0009-00      12414 STATE RD                 COST PER FOOT:                  $32.00
@ 1673 BEIDLER ST       NUNICA         Ml 49448        ESTIMATED P.O. COST:   I    $2,040.00       I

10                      PATINO CHARLES A               ASSESSABLE FEET:               30.00
24-205-434-001 o-oo     460WESTST                      COST PER FOOT:                 $32.00
@ 1689 BEIDLER ST       MUSKEGON      Ml 49442         ESTIMATED P.O. COST:   I     $000.00        I

11                      LUNA MARIA                     ASSESSABLE FEET:               40.00
24-205-434-0011-00      1656 6TH ST STE 1              COST PER FOOT:                  $32,00
@ 1593 BEIDLER ST       MUSKEGON        Ml 49441-248   ESTIMATED P.O. COST:   !    $1,2ao.oo       I

12                      WELLS FARGO BANK               ASSESSABLE FEET:               47.50
24-205-434-0012-10      11200WPARKLANDAVE              COST PER FOOT:                  $32.00
@ 1607 BEIDLER ST       ly!ILWAUKEE  WI 53224          ESTIMATED P.O. COST:   I·   $1.s20.oo       I

13                      WESTSIDE LEASING LLC           ASSESSABLE FEET:               55.00
24-205-435-0008-00      3200 SANDY COVE CT             COST PER FOOT:                  $32.00
@ 1635 BEIDLER ST       MUSKEGON      Ml 49441         ESTIMATED P.O. COST:   I    $1,700.00 1




2129/2008                                                                          Paae 2 of 7
      CITY OF MUSKEGON                           HEARING DATE:      MARCH 11, 2008


  BEIDLER ST., LAKETON AVE. TO SOUTHERN .AVE.

 14                      WESTSIDE LEASING LLC           ASSESSABLE FEET:                55.00
 24-205-435-0009-00      3200 SANDY COLES CT            COST PER FOOT-:                  $32.00
 @ 1641 BEIDL.ERST       MUSKEGON      Ml 49441         ESTIMATED P.O. COST: ]       $1,760.00 J



 15                      BALSLEY AMYL                   ASSESSABLE FEET:                35.00
 24-205°435-0010-00      1651 BEIDLER ST                cost PER FOOT:                   $32.00
 @ 1651 BE:IDLER ST      MUSKEGON        Ml 49441       E§TIMATED l'>.O. COST:   I   $1,120.00 1



 16                      CASTANON GREGORIO/MARIA        ASSESSABLE FEET:                 75.00
 24-205-435-0011-00      1657 BEIDLER ST                COST PER FOOT:                   $32,00
 @ 1657 BEIDLER ST       MUSKEGON        Ml 49441-481   gSTIMATED P.O. COST:     I   $2.400.00 1



 17                      BATKAALANM                     ASSESSABLE FEET:                 55,00
 24-205-435-0012-00      1669 BEIDLER ST                COST PER FOOT:                   $32.00
 @ 1669 BEIDLER ST       MUSKEGON        Ml 49441       ESTIMATED P.O. COST:     I   $1,100.00      I

 1B                      . SECORD CHARLES P             ASSESSABLE FEET:                 41.25
 24-205-436-0001-00        1624 BE:IDLER                COST PER FOOT:                   $32.00
 @ 1624 BEIDLER ST         MUSKEGON      Ml 49441       ESTIMATED P.O. COST: ·1      $1,a20.oo 1



 19                       SECORD CECILIA J/SECORD JO ASSESSABLE FEET:                    41.26
 24-205-436-0002-00      _1632 BEIDLER ST            COST Pl::R FOOT:                    $32.00
 @ 1632 BEIDLER ST        MUSKEGON        Ml 49441   ESTIMATED P.O. COST:!           $1,a20.oo 1



  20                     SECORD HERMAN ET AL            ASSESSABLE FEET:                41.25
  24-205-436-0003-00     1636 BEIDLER ST                COST PER FOOT:                   $32.00
' @ 1636 BEIDLER ST      MUSKEGON        Ml 49441       ESTIMATED P.O. COST:     I   $1,a20.oo 1




 2/29/2008                                                                           PAtejeet;½iigh·thefcnrr:i'flftdireturrt4H©'.1heCity Clerk's E>fficf/. To . . .
     return this card by mail, sin-ipty fold onthe d9tted lines so the address on the reverse side is
     showing. Be sure to seal the forn:,witha small piece of tape or staple prior to mailing. IF
     YOU DO NOT SEND IN.THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   ·PROJECT.                        .         .      . . . .              .               .
    . Assessment lnfor111atiOn
    . ~roperty Address:                          / It?   50            P,;.e tcJLe,        r       5    r                                        La75.       tkJ-ll.
     Parcel Number                                    (p / J,4 d-{) ~ L/?J000{ "'7-00
     ,Assessable Frontage: .·..
     Estimated
       .
               Front
                 .   Foot
                       .
                          Cost:        ~     .                   -


  .·. ESTIMATED TOTAL COST                                                                                              RECEIVED .
   · Property Description                                                                                                           J
                                                                                                                      City Clerks Office

                                                                                                                            ..
           ,,..,.....--, -.-   •.,,..,,.--~---·.· .•• "...c   ~-v-----~ ~- ___,,_~-~---- .:-~,..::-~- - .· . . . . . . . .-..-~.. ..---: . . -
                                                                                                                              ~-~



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

         ·. !AMIN FAVOR[].·                                                                                  .. ·t.AMOPPOSED .                   (Z;l
· Owner.

 Signature
 Address
                                                                                                                                                        28
           Thank you for taking the time to vote on this important issue.
                                     SPECIAL ASSESSMENT
                                HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                      Return This Card By MARCH 11, 2008
    Project Title:           BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.
    Project Description: RECONSTRUCTION

   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                               1687 BEIDLER ST
    Parcel Number                                  24-205-454-0006-00           RECEIVED
    Assessable Frontage:                           40          Feet

   Estimated Front Foot Cost:                       $32.00     per Foot

   ESTIMATED TOTAL COST                            $1,280.00
   Property Description
   CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 454 N 40




                                           Your vote COUNTS!




          I AM IN    FAVOR □                                          ;;;~;;,~.
    Please vote either in favor or opposed to the Special Assessment Street Paving Project.




            \.._.~~L.::::;;;;;;!:;:C:~'4-- CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
Owner

Signature                                               Signature

Address      ~~.:.....!:.--1.~~~!..-i-)i--:             Address
                                                                                             30
        Thank you for taking the time to vote on this important issue.
                                  SPECIAL ASSESSMENT
                             HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                   Return This Card By MARCH 11, 2008
 Project Title:           BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.
 Project Description: RECONSTRUCTION

INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address:                               1668 BEIDLER ST
                                                                          -------·-
                                                                              t:{· 1·-·
                                                                                    -- ;::-:-::--
Parcel Number                                   24-205-436-0017-20                ,,~)Jr: \ r::r~,
                                                                              , • ,.. • i · , - , , ; - -
                                                                                                   ..... ..
                                                                                                 ...__   ~



Assessable Frontage:                            85         Feet

Estimated Front Foot Cost:                      $32.00     per Foot

ESTIMATED TOTAL COST                           $2,720.00
Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 S 85 FT LOTS




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

                     Return This Card By MARCH 11, 2008
    Project Title:          BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.
    Project Description: RECONSTRUCTION

   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                               1705 BEIDLER ST
    Parcel Number                                   24-205-454-0009-00 .
                                                                                 RECEIVED
    Assessable Frontage:                            45          Feet

   Estimated Front Foot Cost:                       $32.00      per Foot
                                                                                City Glerks Off:ice
   ESTIMATED TOTAL COST                             $1,440.00
   Property Description
   CITY OF MUSKEGON REVISED PLAT OF 1903 BLK454 S 45




                                          Your vote COUNTS!
                                                '        ;


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


     . I AM IN FAVOR        □                                          I AM OPPOSED.

Owner       ~,  rsul ( C) H0s&:q CoOwner/Spouse 7e [( i j fJa.,n 5't~
Signature    cJ;Z,fi,, ~             Signature t})Qn,tu   tl@o.~'1          s



Address      lJC~ 'h,l d\f [         Address     \ J()5 'B-Efl J[ eio
                                                                                                33
        Thank you for taking the time to vote on this important issue.     HAMsoN RussELL
                                       SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                       Return This Card By MARCH 11, 2008
     Project Title:           BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.
     Project Description: RECONSTRUCTION

    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
     Property Address:                               1720 BEIDLER ST
     Parcel Number                                   24-205-453-0015-10
    Assessable Frontage:                             40         Feet

    Estimated Front Foot Cost:                       $32.00     per Foot

    ESTIMATED TOTAL COST                            $1,280.00                                nECEIVE:D
    Property Description
    CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 453 N 40
                                                                                          City Clerks Office



                                            Your vote COUNTS!

     Please vote either in favor or opposed to the Special Assessment Street Raving Projec .

          I AM IN FAVOR
                              □                                                  '\J(;.f?'..'C
                                                                          I AMOPPOSED


Owner~f,\v· i I)       W o,· \. . . )             CoOwner/Spouse
                                                                       ...:..,..;;.u.:..1.µ.."-""~;µ..l;::;...J~.:i.::l,-
Signat ure   ~ J \,,J ~                                   Signature

Address      l ,~ll ~ - ' -        ~'liflf'-1~            Address
         Thank you for taking the time to vote on this important issue.                '")l" 0,v,n•sANoR,       27
                                             SPECIAL ASSESSMENT
                                     HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                            Return This Card By MARCH 11, 2008
    Project Title:               BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.
    Project Description: RECONSTRUCTION

   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                                       1724 BEIDLER ST
   Parcel Number                                            24-205-453-0015-20
   Assessable Frontage:                                     40         Feet

   Estimated Front Foot Cost:                               $32.00     per Foot                     RECEIVED
   ESTIMATED TOTAL COST                                 $1,280.00
   Property Description
                                                                                                   City Clerks Office
   CITY OF MUSKEGON REVISED PLAT OF 1903 N 40 FT OF S




                                                 Your vote COUNTS!

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


          I AM IN FAVOR
                                 □                                                 .:;_ 2008
To:                  Honorable Mayor and City Commissioners
From:                Engineering
RE:                  Public Hearirig
                     Create Special Assessment District for:
                     ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.

SUMMARY OF REQUEST:
Vacate the previously created district on 2/12/2008 and to hold a public hearing on the proposed special
assessment of The Roblane Ave.; Quarterline Rd. to Marlane St project, and to create a new special
assessment district and appoint two City Commissioners io ihe Board of Assessors i"f lt is determined to
proceed with the project. The request to vacate the previously created district is due to;

      1- The letters contained an incorrect date for the hearing; the hearing date was set for February 12, 2008
         but the letters listed the date as February 22, 2008.
         ,..,,-:::     •                                     '      ~c ,\_'   .                        co.rJs
      2- ff- calculation errors on parcels 440 & 462 Quarterl1ne,- wnile the footage on the response   ea-fS were
         ~ccurate, the estimated property owner cost was not~pue to multiplication error between the footage &
         per foot cost.                                     '                              ·       -

FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
                                                             ..2.
To vacate the district on Roblane which was created on tt/12/08 and to create a new special assessment
district and assign two City Commissioners to the Board of Assessors by adopting the attached resolution



COMMITTEE RECOMMENDATION:
                                            CITY OF MUSKEGON

                                          Resolution No. 2008-26 ( e)


                      Resolution At First Hearing Creating Special Assessment District
                For: RODLANE AVE, FROM QUARTERLINE RD. TO MARLANE ST,

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


RECITALS:

I.   A hearing has been held on March 11, 2008 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 arc on file
     with the City and have been reviewed for this hearing.

3.   At the hearing held March 11, 2008, there were 25 • 75 % objections by the owners of the property in the
     district registered at the hearing either in writing received before or at the heating 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 prope1ties 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:

l.   The City Commission hereby declares a special assessment district to include the property set fotth 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 pmposes 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 Iloard of Assessors consisting of City Commissioners
            Carter                           and       Wierenga              · and the City Assessor who are
       hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis.
                                                                                               .         .
4.     Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately
       31.3% 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 p1'operties to be assessed of the hearing at which t}J.e City Commission will consider
       confirmation of the special assessment roll.


This resolution adopted.

       Ayes Wisneski, Carter, Gawron, Spataro, Warmington, and Wierenga


       Nays None



                                                            CITY OF MUSKEGON


                                                                         :   ~-~ ~LL~
                                                                    nn Marie Beckert City Clerk


                                              ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on March-11, 2008. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts
of 1976.

                                                     CITY OF MUSKEGON


                                                     By~      1\r--___,~ \ ~~         ~~~LIL~
                                                             Ann Marie Becker, City Clerk
                  EXHIBIT A


      RO BLANE A VE., from
 QUARTERLINE RD. to MARLANE ST.

      SPECIAL ASSESSMENT DISTRICT

       All properties abutting that section of
Roblane Ave., From Quarlerline Rd. to Marlane St.
EXHIBIT A SPECIAL ASSESSMENT DISTRICT
           11   11




                      MARQUETTE: A\IE,




                              MARLANE CT.

                     ,___, I '\
                     D ._______,
                         WE'SL£Y A\lc,




NO SCALE
                                  AFFIDAVIT OF MAILING


STATE OF MICHIGAN             )
                              ) ss
COUNTY OF MUSKEGON)

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

             ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 29T~-!2-A Y OF. FEBRUARY, 2008.

                                                  ~~ l '\..- h \\----w
                                                                \      \   ,\ ·,1   ~X ~
                                                                                      ,1
                                                                                            .
                                                                                           J\._.,
                                                        ANN BECKER, CITY CIBRK '


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 3 r &_ DAY OF         cA   Z'ZJq /"
                                 , 2008.


NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MYCOMMISSIONEXPIRES 7 - o20- o?o ; oL-




O:\ENGINEERING\COMMON\2008 PROJECTS MASTER\PROJECTS\ROB LANE\SA INFO\Hearing !\HEARING
lA\ArFIDAVIT ROB LANE-CREATE.doc
                                    CITY OF MUSKEGON
                                NOTICE OF PUBLIC HEARINGS
                               SPECIAL ASSESSMENT DISTRICTS

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

                 BEIDLER ST., LAKETON AVE. TO SOUTHERN AVE.
                    ESTES ST., FAIR AVE. TO LAKESHORE DR.
                 ISABELLA AVE., AMBROSIA ST, TO WILLIAMS ST.
                SEVENTH ST., WEBSTER AVE. TO MUSKEGON AVE.
            ROBLANE· ST,, QUARTERLINE RD. TO MARLANE RD, (2nd Notice)

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

               All parcels Abutting Beidler Street from Laketon Ave. to Southern Ave.
                All parcels abutting Estes St. from Fair Ave, to Lakesbore Dr.
             All parcels abutting Isabella Ave., from Ambrosia St, to Williams St.
            All parcels abutting Seventh St. from Webster Ave, to Muskegon Ave.
       All parcels abutting Robiane St, from Quarterline Rd. to Marlane St. (2°d notice)

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

PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON MARCH 111 2008 AT 5:30 O'CLOCK P.M.

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

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

PUBLISH:         March 11 2008                                   Ann Becker City Clerk
                                           ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend
the meeting, upon twenty-four hours notice to thi:: City. Contact:
                                       Ann Becker City Clerk
                             933 Terrace Street, Muskegon, MI 49440
                             (231) 724-6705 or TDD (231) 724-6773



Acct# 643-60447-5267
O:\ENGINBERING\COMMON\2008 PROJECTS MAS1'ER\PROJBCTS\R.OB LANE\SA INFO\Roblene SA Cr~te Notice- 2nd.doc
                                    ENGINEERING FEASIBILITY STUDY
                                      ROBLANE AVE. from
                                 QUARTERLINE RD. to MARLANE ST,·
The proposed reconstruction ofRoblane Ave. between Quaiterline & Marlane St., see attached special assessment
district map, was initiated by the City due to the conditions of the road and drainage. We feel that reconstruction is
the most effective method especially with the needs for other facilities such as storm. sewer system in that area.
The existing pavement condition of 3 5 (out of 100) is well bel,ow acceptable.

The proposed reconstruction consists of existing pavement removal, constructing a new curb & gutter street & new
storm sewer system.

A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting properties, is
attached.

The preliminai·y cost estimate for the work associated with paving is approximately $80,000.00 with the length of
the project being approximately 510 lineal feet or 782.1 feet of assessable front footage. This. translates .into an
estimated improvement cost of $102 per assessable foot. However, based on the 2008 assessment figure for this
type of improvement, the assessment will not exceed $32.00 per assessable foot.

While the preliminary proposed assessment rate on the resolution is 31.3%, the actual rate, upon completion of the
project and at the time of spreading, will be limited to the 25% of total cost as amended in the special assessment
policy
                                      MUSKEGON COUNTY.
                                      MICHIGAN

                                                                                February 27, 200S
                         Mohammed Al-Shatel, City Engineer
     BOARD OF            City of Muskegon
COMMISSIONERS
                         933 Terrace Street
James J. Derezinski      Muskegon, MI 49443
     Chair. District 4
                         Mr. Al-Shatel:
     I. John Snider II
Vice Chair, District 3   In accordance with your request, I have examined the proposed special assessment
         P. DQn Alay     district entailing the reconstruction of Roblane Avenue from Quarterline Road to
            District 7   Marlane Street (Project # H-1636). The purpose of this analysis is to document the
  Charles L. Buzzell
                         reasonableness of this special assessment district by identifying and quantifying any
           District 2    accrued benefits. It is subject to the nonnal governmental restrictions of escheat,
         Lew Collins
                         taxation, police power and eminent domain. The effective date is February 27, 200S.
            District 6
                         The propose.d special· assessment district encompasses primarily commercial
    Marvin R. Engle      properties. The City of Muskegon's Engineering Department has provided all frontage
           District 5    estimates in accordance with the City's Special Assessment Policy and all project-
              BillGill   related costs. The total project cost is estimated to be $80,000. The amount of
            District 8   money to be spread to the 5 property owners has been estimated at $25,027.20 or
  Kenneth Mahoney        31.3% of the total costs. The proposed front foot rated to be spread is $32.00. The.
            District 1   City's Engineering Department is solely responsible for these figures.
 Louis A. McMurray       In conclusion, it is my opinion that the special assessment amounts as provided by the
           District 9
                         City justly and reasonably represents the accrued benefits to the properties
     Robert Scolnik      encompassed by this project. The amounts reflect the sum of the immediate estimated
        District 11
                         value enhancement and the intrinsic value that will accrue from an overall increase in
    Roger C. Wade        property values due to an improved quality of life created by the proposed project.
        District 10
                         Simply stated, the front foot rate of $32.00 to be spread over an assessable footage of
                         7S2. l 0 for the reconstruction of the above mentioned project area appears reasonable
                         and equitable based upon the data presented by the City of Muskegon Engineering
                         Department, and on supporting office records.
                         Sincerely,




                         Dennis W. Burns, CMAE 3
                         Assessment Administration Supervisor




                    EQUALIZATION DEPARTMENT- 173 E. APPLE AVE., BUILDING C - MUSKEGON, Ml 49442
                     WWW.CO.MUSKEGON.Ml.US/EQUALIZATION (231) 724-6386 - FAX (231)724~1129
                                           TTY (231)722-4103 - An EEO/ADA/AA Employer
«OWNERS_NAME»
«OWNERS_ADDRESS))
«OWNERS_CITY», «OWNERS_STATE» «OWNERS_ZIPCODE» «IP»

Dear Property Owner:

  It has been brought to QUr attention that the "NOTICE OF HEARING ON SPECIAL
. ASSESSMENT" dated February 1, 2008, erroneously stated that the City Commission
  meeting would be held on February 22, 2008.

Since the opinions and votes of all of our citizens are of the utmost importance to us, we
have scheduled a second meeting to give all affected property owners the opportunity to
attend the meeting and express votes or concerns.

We apologize for any inconvenience we may have caused.

City Engineering
                    February 29, 2008

                                             West Mlchlgffll's ShOl'lllhtO City




                    Parcel Number: 24                           at

                                     NOTICE OF HEARING ON SPECIAL ASSESSMENT

                    Dear Property Owner:

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

t~~ti1W>,-m1                      ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.

r111i~lf!,m         The proposed speclal. assessment district will be located as follows:
~AX; (131)124•69"

                              ALL PARCELS ABUTTING ROBLANE AVENUE FROM QUARTERLINE
                                             ROAD TO MARLANE STREET

                    It Is proposed that a portion of the above Improvement will be paid by special
                    assessment against properties in the aforementioned district. i=ollowing are conditions
                    of the proposed special assessment which are important to you.

                                                            Public Hearing§

                    An initial public hearing to consider the c~eatlon of a special assessment district wlll be
                    held at the City of Muskegon City Commission .Chambers on MARCH· 11, 2008 at 5:30
                    p.m. You are encouraged to appear at this hearing, either In person, by agent or in
                    writing to express your opinion, approval, or objection concerning the proposed special
                    assessment. We are enclosing a Hearing Response Card for you to Indicate your
                    agreement or opposition to the special assessment. This card includes the properly
                    Identification and descrlptlon, assessable footage per City policy, and the estimated cost
                    of the assessment. You may also appear, E!S above, In lieu of, or In addition to malling
                    your response card to the City Clerk. Written objections or appear11nqes must be made
                    at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
                    OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
                    THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
                    ASSESSMENT.
A second public hearing will be held to confirm the special assessment roll after the
project is under way. You will be malled a separate notice for.the second hearir:ig. At
this second hearing the special assessment costs will be spread on the affected
properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO
PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN -
WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED AT THE s·EcOND HEARING, YOU WILL HAVE THIRTY (30)
DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN
APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU
 PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING CONFIRMING
THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE OR AT THE
 HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
 LOST.

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

                                     Estimated Costs

 The total estimated cost of the street portion of the project Is $80,000.00, of which,
 approximately 31.3% ($25,027.20) will be paid by property owners through special
 assessment. Your property's estimated share of the special assessment is shown on
 the attached hearing response card, The remaining costs will be paid by the City.

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

 Please refer to the enclosed sheet entitled Special Assessment Payment Options for
 more information on the payment options and financial assistance programs available .
                                                                        ..
 I urge you to return the enclosed Hearing Response Card Indicating your preference
 and to attend the scheduled public hearing, Your views are important to the City and to
 your neighbors. Additional information, including preliminary project plans and cost
 estimates Is available In the Engineering Department located on the second floor of City
 Hall. Regular business hours are from 8:00 A.M. to 5:00 P,M, Monday through Friday
 except holidays,

  Sincerely,




  Mohammed AI-Shatel, P.E.
  City Engineer
February 29, 2008




The City of Muskegon is askln for your sup ort for improvement of the street adjoining your
property loc('lted at

The City of Muskegon believes that by making the proposed street Improvements you will
have less road noise, dust, and wear and tear on your vehicle. Jn addition, sti:eet
improvements provide easier access for delivery of services such as snow plc;,wlng and mall
delivery.                                                             ·

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

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

A public hearing Is also scheduled for this project on MARCH 11, 2008, If you attend this
public hearing you will be given an opportunity to make comment~ on the proposed special
assessment district to the commission,

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

Thank you for your participation in Improving the quality of'llfe In the Muskegon community.




O:\ENGINEERJNG\COMMON\2008 PROJECTS MASTBRIPROJECTS\1\OB LANEISA INFO\Hcorlng 1\SA Intro letter ofspcclal
Msessment lonor,doc                                             ·
                                    CITY OF MUSKEGON
                   RO BLANE AVE., QUARTERLINE RD. TO MARLANE ST. H-1631
                   CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
                                                                                                            j -.,

Name: _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _~__Social Security# _ _. _ _. _ _
Spouse:                                Birthdate:                      Social Security#~------
Address:                                Phone:                                   Race:
Parcel # _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped OrDisnbled? ( )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:                       $_ _ __             Wnge enrner:
(Must include iill household income)
                                                                   Wnge earner:

                                                                   Wage earner:

                                                                   Wage earner:
                                        Total: $
       - 'M
Proof Of Ownership:       ( ) Deed       ( ) Mortgage      ( ) Land Contract

Homcowner'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 supp01t of
this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The
property owner's signature will be required prior to the application being processed. NO APPLICATION
WILL BE ACCEPTED AFTER CONFIRMATION

APPROVED ( )          DENIED ( )         DATE _ _ _ _ CENSUSTRACTNO.

SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                              TITLE
COMMENTS/REMARKS

                                      **ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                             CITY OF MUSKEGON
           . ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST. H-1631
            CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT


Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
replacement program. City ordinances require that property owners be responsible for tl1e
repair/replacement of damaged or unsafe sidewalks adjoining their propetties. To assist homeowners,
who may have difficulty paying the cost of sidewalk repairs, the City offers assessmeni waivers through
the Community Development Block Grant (COBO) Program for eligible households and families. If you
meet the COBO program qualifications, the City may pay the street assessment for you to the extent that
funds are available.
Application Requirements:
✓ Ap!)lic11nts must submit proof that their total household income does not excC!!d 65% of Area
    Median Income (see chart below); Proofofincome may include copies of Wage & Tax Statement
    (W-2's) from tl1e year 2007, pension or other benefit checks, bank statements for direct deposits or
    agency statements for all household income.




                                FAMILY SIZE             INCOME LIMIT

                                        I                     $28,210
                                        2                      32,240
                                        3                      36,270
                                        4                      40,365
                                        5                      43,550
                                        6                      46,800
                                        7                      49,985
                                       8                       53,235
                              For each extra, add               3,250
✓    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 wi(h supporting documentation, to:
                                                City of Muskegon
                                                  Community & Neighborhood Services
                                                 933 Terrace Street, 2nd Floor
                                                Muskcgon,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. If current owner sells the home prior to
the special assessment confirmation, the application is no longer valid. The City also reserves the right to
reject any applications that contains falsified information or insufficient documentation. The City mu.it
complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be
reimbursed
                                    SPECIAL ASSESSMENT
                               HEARING RESPONSE CARD.
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                     Return This Card By MARCH 11, 2008
    Project Title:          ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.
    Project Description: RECONSTRUCTION, STORM SEWER

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




                                                 -
    Parcel Number
    Assessable. Frontage:                                     Feet

   Estimated Front Foot Cost:                      $32.00     per Foot

   ESTIMATED TOTAL COST
   Property Description
   CllY OF MUSKEGON SHADY LANE LOTS 6-13 INCL ALSO IN




                                          Your vote COUNTS I

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

          I AM IN FAVOR     □                                        I AM OPPQSED         □
Owner

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

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

        Thank you for taking the time to vote .on this important issue.
                                                                           -
                                                                           8AKF.R COLU:OE OF Ml}Sl.OWN. COSTS;! $26,027,20   I




2/28/2008                                                                           Paae 2 of 2
                                        SPECIAL ASSESSMENT
                                 HEARING HESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOF<" OF PROJECT-To have your vote count, please

                      Return This Card By MARCH 1 ·1, 2008
    Project Title:            ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.
    Project Description: RECONSTRUCTION, STORM SEWER

   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by t':e date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   ihis speciai assessment pro1ect, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                                   462 S QUARTERLINE RD
    Parcel Number                                       24-760-000-007 4-00
    Assessable Frontage:                                104            Feet

   Estimated Front Foot Cost:                           $32.00         per Foot

   ESTIMATED TOTAL COST                                $3,328.00
   Property Description
   CITY OF MUSKEGON SHADY LANE LOT 74 & N 32 FT OF LO




                                              Your vote COUNTS!

    Please vote either in favor or opposed to the Speci:,I Assessment Street Paving Project.


          I AM IN FAVOR       □                                                 I AM OPPOSED               15<1
Owner        _..1/...L__.;/_,1v...,...· ....i....-u...,...k.r-"...+.._,}"'...·, ___ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
                        . ? ,1' ../ j
Signature       L./1,{~· hr~-                                                           Signature
                 /
                46J
                                              '

Address                   (:\w.ifer-{,i\(                     Address
                                                                                                                   5
        Thank you for taking the time to vote on this important issue.                     •"' ,">· ,u, ,., c
                                        SPECIAL ASSESSMENT
                                HEARING RESPONSE C~ARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT--·~o have your vote count, please

                        Return This Card By MARCH 11, 2008
     Project Title:           ROBLANE AVE., QUARTERLINE               r     i.fO MARU\NE ST.
     Project Description: RECONSTRUCTION, STORM SE

     INSTRUCTIONS
     If you wish to have your written vote included as par+ ·               i O'i. -'rotes forwarded to
     the City Commission for the scheduled public hear;'.·               rn this card by the date
     indicated above. To use this response card please:                 ,er vou Oppo:;e or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Asse~<;ment Information
                                                      465 SUELANE ST
                                                      24-760-000-0051-00
                                                      47.7         Feet
                                                      $32.00       per Foot

                                                      $1,526.40




                                            Your vote COUNT,,,
     Please vote either in favor or                 .         ,::,,
                                         opposed to rhe Special Ass
                                                                          essment Street Paving Project


Owner
            I AM IN FAVOR
            .                D                                             IAMOPPOSED        ~.~i·.
                                                                                             ~
                                                                                                r
                                                                                                          ·



Signature
                                                 \
Address                            ·- _.i.---....,1      Signature
                1t,b S --5µ.p Qa\:r\lL ~                 Address
        Th                                 ·
             ank you for taking th t'
                                  e ime to vote on this important issue.
                                                                                                   "
                                                               H-1636 ROBLANE AVE., QUARTERLINE RD. TO MARLANE ST.

                                                               PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION




                                                           PERCENTAGE                                            TOTAL NUMBER OF PARCELS - 5
                                                                                              FOR                                                       OPPOSE
                                                                        LETTER#   ST#   ST NAME        PARCEL#        FEET     LETTER#   ST#      ST NAME          PARCEL#         FEET
                                                                                                                                   5     462   S. QUARTERLINE 24-760-000-0074-00   104.00
TOTAL ASSESSABLE FRONT FOOTAGE                782.10 ***                                                                           4     465       SU ELANE   24-760-000-0051-00   47.70

FRONT FEET OPPOSED                            151.70         19.40%

RESPONDING FRONT FEET IN FAVOR                     0,00      0.00%

NOT RESPONDING - FRONT FEET IN FAVOR          630.40         80.60%

TOTAL FRONT FEET IN FAVOR                     630.40         80.60%




                                                                        TOTALS                                          0.00                                                       151.70




                       TABULATED AS OF: 05:24 PM



                                                                                           3/11/2008 5:24 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Roblane - 2nd hearing
      Commission Meeting Date:            March 11, 2008




Date:             March 4, 2008
To:               Honorable Mayor & City Commission
From:             Community and Neighborhood Services
                  Department
RE:               Public Hearing concerning 2008 - 2009
                  CDBG/HOME recommendation and City
                  Commission Preliminary decision.


SUMMARY OF REQUEST: To conduct a public hearing concerning the
CDBG/HOME 2008-2009 recommendation, submitted by both the
administration and the Citizen's District Council.

The public hearing is to obtain comments from the public in reference to
the 2008-2009 CDBG/HOME allocation funding which is designated to
be $984,207 and $290,049 respectively, excluding any program income
and reprogrammed funding.

The Commission is also asked to make their preliminary decision on
what items should be funded and at what amounts.
                                                                   - --~   -   -

The City Commission will be asked to make their final decision on April
8, 2008.



FINANCIAL IMPACT: The 2008-2009 allocations will be based on the
City Commission final decision.
BUDGET ACTION REQUIRED: None at this time



STAFF RECOMMENDATION: To conduct the public hearing and to
make preliminary allocation decision.



COMMITTEE RECOMMENDATION: The Citizen's District Council
recommendations are included with the recommendations submitted by
the administration.
HOME 2008 - 2009
                                                                              Amount         Administration    CDC          City Commission         City Comm
Organization/Agency                   Activity                               Requested      Recommendation     Rec          Prelimiary Rec.     Final Determination
Bethany Housing Ministries            Housing Transition Asst                     $70,000            $47,500     $57,500
Community & Neighborhood Servicesc   HOME Administration                          $25,000           $25,000     $25,000
Community & Neighborhood Servicesc   HOME Tax Reverted Rehabilitation             $65,000           $47,500     $47,500
Community & Neighborhood Servicesc   HOME Rental Rehabiliation                    $75,000           $62,500     $32,500
Community & Neighborhood Servicesc HOME Infilll New Constrnction                  $75,000           $60,000     $60,000
Communiry & Neighborhood Servicesc Foreciosure Prevention Assistance              $35,000           $35,000     $35,000
Muskegon County Habitat for Humanity Infrastructure/construction (5 homes)        $87,000           $55,000     $65,000
Neighborhood Investment Corporation Home purchase rehab loans                    $120,000           $55,000     $65,000
                                                   Total HOME Request            $552,000          $387,500    $387,500                   $0                    $0
                                                 Total HOME Allocated           $290,049           $290,049    $290,049             $290,049              $290,049
                                                     (+) Program Income         $100,000           $100,000    $100,000                   $0                    $0
                                                                                $390,049           $390,049    $390,049             $290,049              $290,049
                                             Allocated/Request Difference      (S161,951)            $2,549      $2,549             $290,049              $290,049

                                Total Amt of HOME Administration***        $25,000                  $25,000     $25,000                    $0                   $0
                                                                           $29,005
                                       Total Amt mandated Amt= 10% - - - - - '-                     $39,049     $39,049               $29,005              $29,005
                                                           Difference       $4,005                  $14,049     $14,049               $29,005              $29,005

                                Total Amt of HOME CHDO request****             $277,000            $157,500     $187,500                   $0                   $0
                                               Total Amt mandated 15% - - - - ' -$58,500
                                                                                  -'-               $58,500      $58,500              $43,507              $43,507
                                                             Difference       ($218,500)           ($99,000)   ($129,000)             $43,507              $43,507

NOTE:
* Pulic Service
** City CDBG Administration
***Home Administration
****CHDO Request

O:CNS/COMMON\EXCEL'2007-2008 CDBG
( SHEET:CDBG-HOME ACD




         2008-2009 CDBGCDBG-HOME ACTIVITY
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                                                                                 Amount         Administration     CDC          City Commission            City Comm
Organization/Agency                        Activity                             Requested      Recommendation      Rec          Prelimiary Rec.        Final Determination
Love INC                                   Handicap Ramps                             $5,000             $2,500        $2,500
American Red Cross                         Senior Transit                             $5,000             $3,500        $3,500
West Michigan Veterans                     Food Bank/Transportation                   $3,000             $2,850        $2,850
Sacred Suds                                Laundry/Shower                             $6,000             $2,850        $3,000
COM-DPW                                    Senior Transit                            $62,488            $42,500       $42,500
COM - Planning CDBG Code Enf               Code Enforcement                          $57,675            $40,000       $40,000
COM - Pla...--ming Comm Economic Dev       Fa9ade                                    $15,000             $5,000        $5,000
COJvf-- CNS CDBG Sc:rvice Ddivery          Deli very Sc:rv ice                       $82,000            $70,000       $70,000
COM - Finance Bond Repayment               Fire Station Bond                       $149,169           $149,169      $128,169
HealthCARE                                 Health Outreach                            $3,500             $3,000        $3,000
Legal Aid                                  Legal Senrices                             $5,000             $3,500        $3,500
Legal Aid                                  Foreclosure Legal Aid                     $15,000             $8,500       $15,000
Muskegon Conununity Health Project         Diabetes                                   $5,000             $2,750        $2,750
COM - CNS CDBG Admmistration               Admin                                    $179,000           $168,500      $168,500
COM - Engineering Street Construction      Street                                    $65,000            $48,500       $48,500
COM - Leisure Senrices                     Recreation                                $98,521            $73,000       $73,000
COM - CNS CDBG Siding                      Siding                                   $195,000           $172,500      $162,500
COM - CNS CDBG Emergency Repair            Emergency Repair                         $200,000           $175,000      $200,000
COM - Inspections Dangerous Bldgs          Demolition                                $57,500            $43,500       $43,500
COM - Affirmative Action                   Affirmative Action                        $10,000             $4,500        $4,000
                                                           Total CDBG Request     $1,218,853         $1,021,619    $1,021,769                     $0                    $0

                                                     Total CDBG Allocated           $984,207           $984,207     $984,207             $984,207                 $984,207
                                                  Expected program income            $40,000            $40,000       $40,000
                                                                        Total     $1,024,207         $1,024,207    $1,024,207
                                                 Allocated/Request Difference     (S194,646)            $2,588        $2,588             $984,207                $984,207

                                             Total Amt of Public Service*          $208,509            $144,950     $151,600                    $0                      $0
                                 Public Service mandated Amt

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