City Commission Packet 02-27-2007

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                       FEBRUARY 27, 2007
     CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                AGENDA

o CALL TO ORDER:
o PRAYER:
o   PLEDGE OF ALLEGIANCE:
o   ROLL CALL:
o   HONORS AND AWARDS:
o   INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
      B. Fireworks Display- Shrine Circus. CITY CLERK
      C. Amendment lo the Zoning Ordinance - Outdoor Sealing. PLANNING &
         ECONOMIC DEVELOPMENT
      D. Amendment lo the Zoning Ordinance - Residential Design Criteria.
         PLANNING & ECONOMIC DEVELOPMENT
      E. Amendment to Property Descriptions - Whitaker Electric Sub-zone.
         PLANNING & ECONOMIC DEVELOPMENT
      F. Environmental Program Mowing and          Trash   Clean-up   Contract.
         PLANNING & ECONOMIC DEVELOPMENT
      G. Environmental Program Terrace Trash Clean-up Contract. PLANNING &
         ECONOMIC DEVELOPMENT
      H. Set Public Hearing for Amendment to Brownfield Plan - Hot Rod Harley.
         PLANNING & ECONOMIC DEVELOPMENT
o   PUBLIC HEARINGS:
      A. Create a Special Assessment District for Knollwood Court. Beach Street
         to End. ENGINEERING
o   COMMUNICATIONS:
o   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
        A. Request for Technical Assistance for Housing and Urban Development
           Lead Abatement Grant Submittal.           PLANNING & ECONOMIC
           DEVELOPMENT
        B. Acceptance of the 2007 - 2008 Community Development Block
           Grant/HOME Recommendation from City Administration and Citizen's
           District Council. COMMUNITY & NEIGHBORHOOD SERVICES
        C. Real Estate Services for Seaway Industrial Park. CITY MANAGER
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   Reminder: fndividua/s who would like to 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 frnward to the microphone.
•   Stale name and address.
•   Limit of 3 minutes lo address the Commission.
•   (Speaker representing a group may be allowed 10 minutes if previously registered witt1 City Clerk.}


•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO:
(231) 7 24-4172.
Date:     February 27, 2007
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the February 1ih
                                           th
Commission Worksession, and the February 13 Regular Commission
Meeting.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     FEBRUARY 27, 2007
    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, February 27,
2007.
   Mayor Warmington opened the meeting with a prayer from Pastor Dr. Nana
Kratochvil from the Harbor Unitarian Universalist Congregation 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,
Commissioner Sue Wierenga, Chris Carter, Kevin Davis, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-18 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the February 12th Commission
Worksession, and the February 13th Regular Commission meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Fireworks Display - Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting approval of a
fireworks display permit for March 3rd and 4th at the Walker Arena. Fire Marshall
Metcalf will inspect the fireworks on the day of the event. The insurance
coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
      D. Amendment to the Zoning Ordinance - Residential Design Criteria.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2319 (Residential Design
Criteria, #22) of Article XXIII (General Provisions) regarding vegetative ground
cover.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:      Staff recommends amendment of the Zoning
Ordinance to amend the language regarding vegetative ground cover.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at the February 15 th meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
      E, Amendment to Property Descriptions - Whitaker Electric Sub-zone.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 2002 the Whitaker Electric Renaissance Zone was
expanded to include what is now Seaway Industrial Park. At that time, a list of
property descriptions and a map were submitted to the State of Michigan with
the application for approval of the expansion. It was recently discovered that
the property descriptions submitted do not match the map of intended
properties to be included in the zone. The State has informed us we may
amend these property descriptions and resubmit them, since these properties
were intended to be included within the renaissance zone.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign said resolution.
      G. Environmental Program Terrace Trash Clean-up Contract, PLANNING &
         ECONOMIC DEVELOPMENT
 SUMMARY OF REQUEST: The special trash pick-up on city terraces and right-of-
 ways associated with our Environmental Inspections program is currently being
 performed by Diversified UG Utilities Inc. and will expire on March 31, 2007.
-Included in this contract was an option to extend the agreement for one year,
 expiring on March 29, 2008. The contractor has requested to exercise the one
 year extension option at the current rates.
FINANCIAL IMPACT: Considering the various increases in costs it is highly likely
that a new contract bidding would result in higher pricing to the city.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the one year contract extension with
Diversified UG Utilities Inc. for the special trash pick-ups along city right of ways,
as directed by environmental inspections staff.
      H. Set Public Hearing for Amendment to Brownfield Plan - Hot Rod Harley.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Muskegon Downtown
Believers, LLC, located at 149 Shoreline Drive, in the Brownfield Plan.
FINANCIAL IMP ACT: There is no direct financial impact in including the project in
the Brownfield Plan, although the redevelopment of the site into a commercial
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on February 23, 2007 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission.   In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the
Plan Amendment for March 27, 2007.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented minus item C and F.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
             Nays: None
MOTION PASSES
2007-19 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Amendment to the Zoning Ordinance - Outdoor Seating. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2308 (Outdoor Seating) of
Article XXIII (General Provisions) regarding outdoor seating for restaurants and
similar uses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Staff recommends amendment of the Zoning
Ordinance to add the language regarding outdoor seating.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 151h meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the amendment of the Zoning Ordinance regarding outdoor seating.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      F. Environmental Program Mowing and           Trash   Clean-up   Contract.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean up of
public and private properties is currently held by Freelance Enterprises Inc. and
will expire on March 29, 2007. Included in this contract was an option to extend
for one year, expiring on March 29, 2008. The contractor has indicated he
wishes to exercise the one year extension.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the one year contract extension with
Freelance Enterprises for the mowing of lots and trash removal on properties
located within the City.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the environmental program mowing and trash clean-up contract.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2007-20 PUBLIC HEARINGS:
      A. Create a Special Assessment District for Knollwood Court, Beach Street
         lo End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Knollwood Court, Beach Street to End paving 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.
Furthermore, please keep in mind that the proposed special assessment district is
a benefit based special assessment since, according to the City's assessor; the
benefit received is equal among all thirteen (13) properties abutting the street.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
Public comments were heard from Tom Andrews, Even & Franks, 900 Third,
representing Linda Schultz, 2877 Beach. Mr. Andrews who also resides as 2877
Beach spoke against the special assessment for both of them.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and create the special assessment district for Knollwood Court,
Beach Street to the end.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
            Nays: Davis
MOTION PASSES
Mayor Warmington appointed Commissioner Davis and himself to the Board of
Assessors.
2007-21 NEW BUSINESS:
      A. Request for Technical Assistance for Housing and Urban Development
         Lead Abatement Grant Submittal.           PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: The State, through the Housing and Urban Development
Department (HUD), has grant funds available to assist with lead abatement in
houses. The grant amounts are up to $3 million. The actual grant application is
very extensive and requires technical assistance. The State has $10,000 in
technical assistance funds available if the City is willing to match that amount. It
is necessary to submit a letter to the State requesting the technical assistance.
FINANCIAL IMPACT: The State will pay for $10,000, to be matched by $10,000 of
local CDBG funds.
BUDGET ACTION REQUIRED: The CDBG budget will need to be amended to
reflect this expenditure.
STAFF RECOMMENDATION: To approve the request for technical assistance
funds from the State and authorize the Mayor to sign the letter.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for technical assistance for Housing and Urban
Development lead abatement grant submittal.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
           and Davis
            Nays: None
MOTION PASSES
      B. Acceptance of the 2007 - 2008 Community Development Block
         Grant/HOME Recommendation from City Administration and Citizen's
         District Council. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept the recommendation of both the Citizen's
District Council and the Administration as it relates to the 2007-2008 Community
Development Block Grant entitlement and HOME funding. The Commission is
also being asked to schedule a Public Hearing for March 13, 2007 to gather
comments from the public concerning the entitlement funding.
 It is also requested that the Commission make their preliminary
recommendations on March 13, 2007 and their final decision regarding the
funding on March 27, 2007.
After the Commission has made its final decision, the Community and
Neighborhood Services office will continue the Citizen's Participation process
until around April 20, 2007. At this time the City will send the required
documentation to the US Department of Housing and Urban Development in
order to request the 2007-2008 funding, whose fiscal year begins June 1, 2007.
FINANCIAL IMPACT: The 2007-2008 allocations will be based on the Commissions
final decisions.
BUDGET ACTION REQUIRED: There is no budget action required at this time.
STAFF RECOMMENDATION: To accept the recommendation and set the Public
Hearing.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to accept
the recommendation of the Citizen's District Council and administration for the
2007-2008 CDBG/HOME funding and set the Public Hearing for March 13, 2007.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
      C. Real Estate Services for Seaway Industrial Park. CITY MANAGER
SUMMARY OF REQUEST: To continue the listing of the unsold property in Seaway
Industrial Park with C&A Commercial through June 28, 2007 or until the City
enters into an agreement with a developer for the property, whichever comes
first.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the listing extension and authorize the
City Manager to execute the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the real estate services for Seaway Industrial Park listing extension with C & A
Commercial.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS:         Chief Tony Kleibecker, accepted on behalf of
Mohammad AI-Shatel, an Award of Excellence from the Michigan Concrete
Paving Association for the new round about in downtown Muskegon from Mayor
Warmington.
ADJOURNMENT: The City Commission Meeting adjourned at 6:15 p.m.


                                           Respectfully submitted,




                                           Ann Marie Becker, MMC
                                           City Clerk
Date:       February 27, 2007
To:         Honorable Mayor and City Commissioners
From:       Ann Marie Becker, City Clerk
RE:         Fireworks Display - Shrine Circus




SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting
approval of a fireworks display permit for March 3rd and 4 th at the Walker
Arena. Fire Marshall Metcalf will inspect the fireworks on the day of the
event. The insurance coverage has been approved.


FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and payment of fee.
                                                PERMIT
                                   FOR FIREWORKS DISPLAY
                                       Act 358, P.A. 1968
            This permit is not transferable. Possession of this permit by the herein named person will
          authorize him to poss=, transport and display firewodcs in the amounts, for the purpose, and
                                           at the place listed below only.


  TYPE OF D[SPLAY:                   ( ~ PUBL[C DISPLAY                       ( ) AGRrCULTURAL PEST CONTROL

[SSUEDTO:        Jordan Productions Inc.
NAME             Jody Jordan
ADDRESS          4040 s. Pearl                                  AGE       38
                 LasVegas, NV 89121

REPRESENTING
NAME OF OROA.'IJZATION, GROUP, FIRM OR CORPORATION
                 Shrin
ADDRESS          4200 Salidin Dr., S.E., Grand Rapids, MI


NUMBER & TYPES OF FIREWORKS:

                 2 of the following per performance:
                 Slow Sparkle; Fast Sparkle; Concussion; Aerial Burst



DISPLAY:
                 L. c. Walker Arena
EXACTLOCATION    955 4th Street, Muskegon, MI

CITY, VILLAGE, TOWNSHIP                      DATE                                           TIME 4 Shows
City of Muskegon-                     March 3       &   4, 2007                              As ·scheduled

BOND OR INSURANCE FILED:                   ti YES         () NO                                         AMOUNT $1,000,000

ISSUED BY·
                          Issued by action of the ~0 JSKEQQN CITY COMMISSION
                                                             (c:ew1cil. eommiuion. boatd)
                          of the      CITY              of         Mt/SKEQQN
                                                                        (11&n1e o( ciry, villl1e. 1,0wrutiip)


                   on the ___2_7_t_h_ _ __




                                                                    (,119"111U1c ,1 p01iuon of '4Utlci\, commiuicn or board 1cpu:::sCT1ulivc)
                                                                                                                                 (702) 451-2822                               P- 2
Feb 20 07 10:41a               JORDAN PRODUCTION INC
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                                                                                      APPLICATIOti
                                                                  FOR FIREWORKS DISPU. Y PERMfT                                                         t   DATIi 0, .-4'PPt.JCA'fl0N
                                                                         Act 358, P.A. 1968

      1, TYPE OF DISPLAY,                              !li:'I ....... u,.,,.,                                                CJ        Agrlcul11m1I Pell Ctffltnf

       , APPL"'.t.NT
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                                                             EACH OCCU.IIRENCE;                          $(,000,000.00
         RETRO DATE:            1/0110S                      FIR"£ OAMApl! (ANY ONE FIRE)               !;-0-

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        COLORADO CORP., AND THEIR AffiLIATW COll'POR.l\"llONS, ARENA ~ANAGEMENTOROUP, LLC, CITY ANO
        COUNl'Y Ol' MUSKBOON, ALL ELECTED OFFICIALS, ALL EMl'L,OYrulS '°lND VOLLINTEERS, ALL BOARD,
        COMMISSIONSANDAU"fHORITIES AND VOLUNTEERS 1HER!lOF, WAL~ER ARENA.CS/ARE HEREBY ADDED AS
        ADDITTONAL INSURED ONl.Y AS THl!lll INTEREST MAY APP!wt JN RESPECTS TO TiiE OPl!R.A l'ION(S) PERFORMED
        BY THE NAMED INSURED ANO/OR IT'S EMPLOYEE(S) ONLY               i
         S"ll ATTACHED ADDENDUM "A" FOR DESCRIPTtON OF UAJIILITY coy~llAOE(S) AFFORDED.

         EVENT DATE(S): MARCH 02, 2007 THROUGH MARCH 04, 200'7 (4 SHOW$)

        LOCATION: WP,l.KER ARENA MUSKEGON MJC}OGAN

        TI-IJS CF.RTCFTCATE IS ISSUED AS A MArn OF INFORMATION ONLY /4NO CONFERS NO RIGHTS UPON THE
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        BY THE POLICY(S) LISTED."UMITS SHOWN AllE lHOSE IN EFFECT       1s OF POLICY INCEPTION"
         SHOULD ANY OF THE ABOVE DESCRIBED POr..lCY(S) BB CA'.'ICELLED j!EFORE TIIE EXPIRATION OAT£ ,HEREOF,
         '11-/ll ISSUING COMPANY WILLENDEAVOR TO MAIL .J1.!L PA 'I'S WRJTTJ,'N NOTICE TO THE CtlllTIFICATE HOWER
         NAMED BELOW, our f AILURE TO MAIL SUCH NOTICE SHAl,L IMPOS~ NO OBLIGATION(S) &/OR LIABlLITY(S) OF
         ANY KIND UPON THE COMPANY, IT'S AGENTS &/OR REPRES.ENTATIVljS &JOR XAl.MANSON ET AL.

       c---afRTIFICATE HOLDER/ ADDITIONAl- lNSUREO:                      '
                                                                      AUTHORIZED R "ITATfVJ;.:
         SALADIN SHRINE CENTER, SALADIN SHRINB TRUST ANO                  !                 \
         SALADIN HOLDING CORPORATION. CITY OF MIJSKI::OON                 ';
         4200 SALADIN DRIVE S.E.
         KeNTWOOD, MICHIGAN 49546
                                                                                       JI \
          l:'AX# 702-4S 1-2822                                        ~TCHELV                   NSON I PRESIDENT
                                                                         !·
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                MUSKEGON SHRINE CLUB                                                                                    1195
                    LARRY RUEGER
                        227 W BYRON RD                                              )     -   2 2 - 0 °7              74-347/724
                                                                                                                            2896
                     MUSKEGON Ml 49441-5527                                 Date--'-----

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                                                                                                                 GUARDWl»SAFETY BLUE WBl
                 Commission Meeting Date: February 27, 2007




Date:          February 19, 2007
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development                cf;(
RE:            Amendment to the Zoning Ordinance - Residential Design
               Criteria


SUMMARY OF REQUEST:

Request to amend Section 2319 (Residential Design Criteria, #22) of Article XXIII (General
Provisions) regarding vegetative ground cover.


FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to amend the language regarding
vegetative ground cover.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 2/15 meeting. The
vote was unanimous with T. Michalski and B. Smith absent.




2/19/2007
                            Staff Report (EXCERPT)
                              CITY OF MUSKEGON
                            PLANNING COMMISSION
                              REGULAR MEETING

                                  February 15, 2007


Hearing; Case 2007-04: Staff initiated request to amend Section 2319, (Residential Design
Criteria, # 22 of Article XXIII, General Provisions, regarding vegetative ground cover

BACKGROUND

There have been complaints recently regarding the use of dune grass as "vegetative ground
cover" in a Lakeside development. Although staff has informed the developer that he would
need to provide a lawn within one year, staff felt it may be in the best interest of future
developments and the City to strengthen the language and made it very clear as to what is
required. The new language below is the way in which this section has been applied in the
past, but hopefully the clarification of the actual language will help in the future.

NEW LANGUAGE
Deletions are erossed em and additions are in bold.

22.    Each dwelling unit shall have an approved established vegetative ground cover,
       native to the immediate area within 600 feet, no less than 12 months after
       occupancy. Approval shall be given by zoning staff of the Planning Department
       as part of the initial residential site plan review. A minimum of one shade tree, two
       and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot
       (6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of
       this requirement.


DELIBERATION
 I move that the amendment to Section 2319, #22, (Residential Design Criteria) of Article
XXIII, General Provisions, of the City of Muskegon Zoning Ordinance, be recommended to
the City Commission for (approval/denial).




                                                                                              2
                               CITY OF MUSKEGON

                        MUSKEGON COUNTY, MICHIGAN

                               ORDINANCE NO. 2 216

An ordinance to amend Section 2319 (Residential Design Criteria, #22) of A11icle XXIII
(General Provisions) regarding vegetative ground cover.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 2319 (Residential Design Criteria, #22) of Article XXIII (General Provisions) is
amended regarding vegetative ground cover, as follows:


Changes to Section 2319, (#22): General Provisions

22.     Each dwelling unit shall have an approved established vegetative ground cover, native
        to the immediate area within 600 feet, no less than 12 months after occupancy.
        Approval shall be given by zoning staff of the Planning Department as part of the
        initial residential site plan review. A minimum of one shade tree, two and one-half
        inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen
        tree shall be provided. Existing landscaping may be accepted in lieu of this
        requirement.

This ordinance adopted:

Ayes: Carter, Davis, Gawron. Shepherd, Spataro, Warmington,
      and Wierenga
Nayes: None

Adoption Date:     February 27, 2007

Effective Date:    March 13, 2007

First Reading:     February 27, 2007

Second Reading:_N~/_A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                                               CITY OF MUSK.EGON


                                               By:   ~\¼w A·,                  ~)    J
                                                       Ann Marie Becker,MMC, City Clerk
                                                                                         [1~
                                            CERTIFICATE

         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27th day of February, 2007, at which meeting a quonun was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby~                                 .

DATED:        February 27         , 2007.      ---~-1r,.Y,~ \ /\ I ~J,LcXI A:\
                                                Ann Marie Becker, MMC
                                                Clerk, City of Muskegon



Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.
                                     CITY OF MUSKEGON
                                     NOTICE OF ADOPTION

Please take notice that on February 27, 2007, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2319 (Residential Design Criteria, #22) of Aliicle XXIII (General
Provisions) regarding vegetative ground cover.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

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

Published    J1la rc/2       3      2007.             CITY OF MUSKEGON

                                                      By _ _ _ _ _ __ _ _ _ _ __
                                                           Ann Marie Becker, MMC
                                                           City Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                    5
                Commission Meeting Date: February 27, 2007




Date:         February 19, 2007

To:           Honorable Mayor and City Commissioners

From:         Planning & Economic Development               C,,(bC
RE:           Amendment to Property Descriptions - Whitaker Electric
              Sub-zone


SUMMARY OF REQUEST:

In 2002 the Whitaker Electric Renaissance Zone was expanded to include what is now
Seaway Industrial Park. At that time, a list of property descriptions and a map were
submitted to the State of Michigan with the application for approval of the expansion. It
was recently discovered that the property descriptions submitted do not match the map
of intended properties to be included in the zone. The State has informed us we may
amend these property descriptions and resubmit them, since these properties were
intended to be included within the renaissance zone.

FINANCIAL IMPACT:

None.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

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

COMMITTEE RECOMMENDATION:




2/19/2007                                                                             1
                                   ResolutionNo. 2007-lB(e)

                            MUSKEGON CITY COMMISSION
        RESOLUTION APPROVING AMENDED PROPERTY DESCRIPTION FOR
                 WHITAKER ELECTRIC RENAISSANCE ZONE


WHEREAS, the City of Muskegon received approval for the expansion of the Whitaker Electric
Renaissance Zone in 2002; and

WHEREAS, the City of Muskegon submitted a list of property descriptions and a map, along
with the application to the State of Michigan for approval; and

WHEREAS, the property descriptions submitted have been found to be inaccurate and missing
certain parcels of property clearly intended to be included in the renaissance zone; and

WHEREAS, the State of Michigan has requested that the City of Muskegon submit an amended
property description in order to correct the application.

NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does hereby
amend the property descriptions for the Whitaker Electric Renaissance Zone to include all
properties in Exhibit A.                                                         ·

Adopted this 27th day of February 2007.

AYES: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and Wierenga
NAYS: None

ABSENT: None


                                      BY:




                                      ATTEST:       ~~h               O;;, , 2006




\\Muskdata \Data\Planni ng\COM MON\Environmenta I\Terr ace pickups\terrace clean-up contract. doc
                                                                           8
,   '




                                                                    Schedule I of Agreement

                                                            CONTRACT PRICE PROPOSAL


          This proposal is for clean up and transportation labor based upon each individual clean-up assignment.

                                                                                    I-Year Bid              2-Year Bid

          I.        Fee to pick up first ½ ton.                                          $60.00

         2,         Fee to pick up ½ - 1 ton.
                                                                                         $110.00
         3.         Fee to pick up 1 - 2 tons,
                                                                                         $150.00
         4.         Fee to pick up over 2 tons
                                                                                    Fee to be detennined on a case by case basis.

                                                                EQUIPMENT LIST

         List all of the equipment that you own or have access to for this contract.


         TRUCK           Date Owned or Leased                                      Name of Lessor           Name of Vendor
         W/LARGE.TRAILER
         Year/Make/Model
               2000 Ford F-550 w/6,000 lb. crane - 16 ft. Flatbed trailer w/side racks
         I.
            2000 Ford F-550 Dump (5 yd) - 30' triple axle flatbed trailerw/side
        2.                                                        ·                  acks
            1999 Ford F-550 Stake Bed - tandem axle enclosed trailer (12')
        3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            1997 Ford F-350 - United enclosed trailer - 14' ( 2000)
        4, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


        CAMERA                          Date Owned or Leased                       Name of Lessor           Name of Vendor
        Type/How Many?
               Kodak DX 4900 4rnegapixel (owned)
        I.
               Kodak (owned)- digital
        2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

        3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        4,




        0:IP!anninglCOMMON\Environmenlal\Terrace pickups\\errace clean-up contract.doc
          Commission Meeting Date: February 27, 2007




Date:         February 23, 2007
To:           Honorable Mayor & City Commission
                                                                                  I 0,(/
From:         Planning & Economic Development Department ·"
RE:           Set Public Hearing for Amendment to Brownfield
              Plan- Hot Rod Harley


SUMMARY OF REQUEST: To approve the attached resolution setting a public
hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions
of the Brownfield Plan Amendment including the opportunity to express their views
and recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned Muskegon Downtown
Believers, LLC, located at 149 Shoreline Drive, in the Brownfield Plan.

FINANCIAL IMPACT: There is no direct financial impact in including the project in the
Brownfield Plan, although the redevelopment of the site into a commercial
development will eventually add to the tax base in Muskegon.

BUDGET ACTION REQUIRED: None.

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

COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on February 23, 2007 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon City
Commission. In addition, the Brownfield Redevelopment Authority recommends that
the Muskegon City Commission set a public hearing on the Plan Amendment for
March 27, 2007.
                                                                               2007-lS(h)




               RESOLUTION NOTIFYING TAXING UNITS
             AND CALLING PUBLIC HEARING REGARDING
    APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
    CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY




                                    City of Muskegon
                              County of Muskegon, Michigan


       Minutes of a Regular Meeting of the City Commission of the City of

Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices on

the 27th day of February, 2007, at 5:30 o'clock p.m., prevailing Eastern Time.

PRESENT:

MembeIB      Wierenga, Carter, Davis, Gawron, Shepherd, Spataro,

             and Warmington

ABSENT:       Members

             None

       The   following   preamble   and    resolution   were   offered    by     Member

--=-G=aw-"-r=-o=-'n-'---_ _ _ and supported by Member_C_a_r-'-t__
                                                               er_ _ __

       WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the

"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as

amended ("Act 381"), to create a Brownfield Redevelopment Authority; and

       WHEREAS, pursuant to Act 381, the City Commission of the City duly

established the City of Muskegon Brownfield Redevelopment Authority (the

"Authority"); and
          WHEREAS, in accordance with the provisions of Act 381, the Authority has

prepared       and   approved   Brownfield   Plan   Amendments      to   include   the

Redevelopment of the Terrace Lots, and

          WHEREAS, the Authority has forwarded the Brownfield Plan Amendments

to the City Commission requesting its approval of the Brownfield Plan Amendments

and

          WHEREAS, prior to approval of the Brownfield Plan Amendments, the

Muskegon City Commission desires to hold a public hearing in connection with

consideration of the Brownfield Plan Amendments as required by Act 381; and

       WHEREAS, prior to approval of the Brownfield Plan Amendments, the City

Commission is required to provide notice and a reasonable opportunity to the taxing

jurisdictions levying taxes subject to capture to express their views and

recommendations regarding the Brownfield Plan Amendments.

          NOW, THEREFORE, BE IT RESOLVED THAT:

          1.    The City Commission hereby acknowledges receipt of the Brownfield

Plan Amendments from the Authority and directs the City Clerk to send a copy of

the proposed Brownfield Plan Amendments to the governing body of each taxing

jurisdiction in the City, notifying them of the City Commission's intention to consider

approval of the Brownfield Plan Amendments [after the public hearing described

below].

          2.    A public hearing is hereby called on the 2yth of March, 2007 at 5:30

p.m., prevailing Eastern Time, in the City Hall Commission Chambers to consider
adoption by the City Commission of a resolution approving the Brownfield Plan

Amendments.

       3.     The City Clerk shall cause notice of said public hearing to be

published in the Muskegon Chronicle, a newspaper of general circulation in the

City, twice before the public hearing. The first publication of the notice shall be not

less than 20 days or more than 40 days before the date set for the public hearing.

The notice shall be published as a display advertisement prominent in size.

       4.     The notice of the hearing shall be in substantially the following form:



                              CITY OF MUSKEGON
                    COUNTY OF MUSKEGON, STATE OF MICHIGAN


PUBLIC HEARING ON .AN AMENDMENT TO THE MUSKEGON BROWNFIELD
   PLAN, AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD
                  REDEVELOPMENT AUTHORITY


TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:

        PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on March 27, 2007, at 5:30 p.m.,
prevailing Eastern Time in the City Hall Commission Chambers located at 933
Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution
approving a Brownfield Plan Amendment for the City of Muskegon Brownfield
Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of
1996, as amended.

       The property to which the proposed Brownfield Plan Amendment applies is:

              Hot Rod Harley
              149 Shoreline Drive
              Muskegon, Michigan
Copies of the proposed Brownfield Plan Amendment are on file at the office of the
City Clerk for inspection during regular business hours.

       At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendments for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be
open for discussion at the public hearing.

      FURTHER INFORMATION may be obtained from the City Clerk.

     This notice is given by order of the City Commission of the City of
Muskegon, Michigan.


                                      \\\~'\-~\_;~ ~/(_J(,\__\
                                        Ann Marie Becker, City Clerk
        5.          All resolutions and parts of resolutions insofar as they conflict with

the provisions of this resolution be and the same hereby are rescinded.

AYES:           Members

             Carter, Davis, Gawron, Shepherd, Spataro,

             Warmington, and Wierenga

NAYS:           Members

             None

RESOLUTION DECLARED ADOPTED.



                                              \>:t'y~/\~\         . ()       I
                                                         ~'--.iv~. ;:,~-'\ }/'-")
                                               Ann Marie Becker, City Clerk       '
       I hereby certify that the foregoing is a true and complete copy of a resolution

adopted by the City Commission of the City of Muskegon, County of Muskegon,

State of Michigan, at a regular meeting held on February 27, 2007, and that said

meeting was conducted and public notice of said meeting was given pursuant to

and in full compliance with the Open Meetings Act, being Act 267, Public Acts of

Michigan, 1976, as amended, and that the minutes of said meeting were kept and

will be or have been made available as required by said Act.
            CITY OF MUSKEGON
        BROWNFIELD REDEVELOPMENT
                AUTHORITY
          BROWNFIELD PLAN AMENDMENT

                          "Hot Rod Harley"


Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment
Authority on February 23, 1998, with amendments approved 8/10/98; 6/13/00; 4/15/03;
7/7/03; 4/20/04; 6/21/04;9/8/04; and 9/5/06.

Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with amendments approved 8/11/98; 7/11/00; 5/27/03; 8/12/03; 5/25/04;
7/13/04; 7/27/04; 10/12/04, and 10/24/06.
                      City of Muskegon Brownfield Plan Amendment
                                    February 2007



                         CITY OF MUSKEGON
                BROWNFIELD REDEVELOPMENT AUTHORITY
                         BROWNFIELD PLAN

                                       INDEX

I.     INTRODUCTION
11.    GENERAL PROVISIONS

       A.   Costs of the Brownfield Plan
       B.   Maximum Amount of Indebtedness
       C.   Duration of the Brownfield Plan
       D.   Displacement/Relocation of Individuals on
            Eligible Properties
       E.   Local Site Remediation Revolving Fund

Ill.   SITE SPECIFIC PROVISIONS

       A.   Kirksey/Anaconda Property (Approved 4/14/98)
       B.   Dilesco Corporation Property (Approved 8/11/98)
       C.   Beacon Recycling (Approved 7/11/00)
       D.   Verplank Dock Company (Approved 5/27/03)
       E.   Gillespie Development Property (Approved 8/12/03))
       F.   Loft Properties, LLC Property (Approved 8/12/03)
       G.   Parmenter O'Toole Property (Approved 8/12/03)
       H.   "The WaterMark" Project (Approved 5/25/04)
       I.   Northern Machine Tool (Approved July 13, 2004)
       J.   Terrace Lots Office Building (Approved July 13, 2004)
       K.   Art Works Apartments (Approved July 27, 2004)
       L.   Former Muskegon Mall (Approved October 12, 2004)
       M.   Vida Nova at Edison Landing (Approved 10/10/06)
       N.   Western Ave. Properties LLC and Port City Development Services, LLC
            (Approved 10/10/06)
       0.   Viridian Place at Edison Landing (Approved 10/24/06)
       P.   Hot Rod Harley (Approved _ _ _ _ ___}
                          City of Muskegon Brownfield Plan Amendment
                                         February 2007


I. INTRODUCTION

In order to promote the revitalization of commercial, industrial, and residential properties
within the boundaries of the City of Muskegon (the "City"), the City established the City
of Muskegon Brownfield Redevelopment Authority (the "Authority") pursuant to Act 381
of 1996, Public Acts of Michigan, as amended ("Act 381"), and a resolution adopted by
the Muskegon City Commission on February 10, 1998.

The major purpose of this Brownfield Plan ("Plan") is to promote the redevelopment of
eligible properties within the City that are impacted by the presence of hazardous
substances in concentrations that exceed Michigan's Part 201 Generic Cleanup Criteria
("facilities") or that have been determined to be Functionally Obsolete or Blighted.
Inclusion of property within this Plan can facilitate financing of environmental response
activities, infrastructure improvements, demolition, lead or asbestos abatement, and site
preparation activities at eligible properties; and may also provide tax incentives to
eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating
redevelopment of underutilized eligible properties, the Plan is intended to promote
economic growth fro the benefit of the residents of the City and all taxing units located
within and benefited by the Authority.

This plan is intended to be a living document, which can be amended as necessary to
achieve the purposes of Act 381. It is specifically anticipated that properties will be
continually added to the Plan as new projects are identified. The Plan contains general
provisions applicable to each site included in the Plan, as well as property-specific
information for each project. The applicable Sections of Act 381 are noted throughout
the Plan for reference purposes.

This Brownfield Plan contains the information required by Section 13(1) of Act 381, as
amended. Additional information is available from the City Manager.
                          City of Muskegon Brownfield Plan Amendment
                                         February 2007




II. GENERAL PROVISIONS

A. Costs of the Brownfield Plan (Section 13(1 ){a))

Any site-specific costs of implementing this Plan are described in the site-specific
section of the Plan. Site-specific sources of funding may include tax increment financing
revenue generated from new development on eligible brownfield properties, state and
federal grant or loan funds, and/or private parties. Where private parties finance the
costs of eligible activities under the Plan, tax increment revenues may be used to
reimburse the private parties. The initial costs related to preparation of the Brownfield
Plan were funded by the City's general fund. Subsequent amendments to the Plan are
funded by the person requesting inclusion of a project in the Plan.

The Authority intends to pay for administrative costs and all of the things necessary or
convenient to achieve the objectives and purposes of the Authority with any eligible tax
increment revenues collected pursuant to the Plan, including, but not limited to:
    i)     the cost of financial tracking and auditing the funds of the Authority,
    ii)    costs for amending and/or updating this Plan, including legal fees, and
    iii)   costs for Plan implementation

These eligible tax increment revenues are identified in the site-specific sections of this
Plan. As noted above, most costs related to the preparation of Plan amendments are
borne by the person requesting inclusion of a project within the Plan.

B. Method for Financing Costs of Plan (Section 13(1)(d) and (e)))

The Authority does not intend at this time to incur debt, such as through the issuance of
bonds or other financing mechanisms. In the future, the City or Brownfield Authority may
incur some debt on a site-specific basis. Please refer to the site-specific section of this
Plan for details on any debt to be incurred by the City or Authority. When a property
proposed for inclusion in the Plan is in an area where tax increment financing is a viable
option, the Authority intends to enter into Development Agreements with the property
owners/developers of properties included in the Plan to reimburse them for the costs of
eligible activities undertaken pursuant to this Plan. Financing arrangements will be
specified in the Development Agreement, and also identified in the Site Specific section
of the Plan.
                            City of Muskegon Brownfield Plan Amendment
                                           February 2007


C. Duration of the Brownfield Plan (Section 13(1)(0)

The Plan, as it applies to a specific eligible property, shall be effective up to five (5)
years after the year in which the total amount of any tax increment revenue captured is
equal to the total costs of eligible activities attributable to the specific eligible property, or
thirty (30) years from the date of approval of the Plan as it relates to an individual site,
whichever is less. The total costs of eligible activities include the cost of principal and
interest on any note or obligation issued by the Authority to pay for the costs of eligible
activities, the reasonable costs of a work plan or remedial action plan, the actual costs of
the Michigan Department of Environmental Quality's or Michigan Economic Growth
Authority's review of the work plan or remedial action plan, and implementation of the
eligible activities.

D. Displacement/Relocation of Individuals on Eligible Properties
   (Section 13(1 Ji, i,k,I))

At this time, eligible properties identified in this Plan do not contain residences, nor are
there any current plans or intentions by the City for identifying eligible properties that will
require the relocation of residences. Therefore the provisions of Section 13(1)(i-l) are
not applicable at this time.

E. Local Site Remediation Revolving Fund (Section 8: Section 13(1)(m))

At the time this Plan includes a property for which taxes will be captured through the
increment financing authority provided by Act 381, it is the Authority's intent to establish
a Local Site Remediation Revolving Fund ("Fund"). The Fund will consist of tax
increment revenues that exceed the costs of eligible activities incurred on an eligible
property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture
of tax increment revenue from an eligible property for up to 5 years after the time that
capture is required for the purposes of paying the costs of eligible activities identified in
the Plan. It is the intention of the Authority to continue to capture tax increment
revenues for 5 years after eligible activities are funded from those properties identified
for tax capture in the Plan. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes captured for
eligible activities under this Plan. It may also include funds appropriated or otherwise
made available from public or private sources.

The Revolving Fund may be used to reimburse the Authority, the City, and private
parties for the costs of eligible activities at eligible properties and other costs as
permitted by Act 381. It may also be used for eligible activities on eligible properties for
which there is no ability to capture tax increment revenues. The establishment of this
Revolving Fund will provide additional flexibility to the Authority in facilitating
redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
                                  City of Muskegon Brownfield Plan Amendment
                                                 February 2007



Ill.   SITE SPECIFIC PROVISIONS

           P. HOT ROD HARLEY DAVIDSON

       Eligibility and Project Summary (Sec. 13(1)(hl)

       The Hot Rod Harley project involves redevelopment of over 5 acres of property located
       between Shoreline Drive, Terrace Street, and Western Ave., an area most recently
       referred to as the Terrace Lots. This property was formerly part of the Teledyne
       Continental Motors manufacturing facility.     The project is located directly south of
       Edison Landing, and east of the new National City Bank Building. A legal description,
       map and site plan is included in Attachment P-1.

       Several "eligible activities" have already been undertaken on the property. The subject
       property has been determined to be "eligible property'' as defined by Act 381 through
       information obtained from Phase I and II Environmental Site Assessments and a
       Baseline Environmental Assessment conducted by Lakeshore Environmental on August
       18, 2006. Historic fill materials containing elevated concentrations of heavy metals,
       similar to those found to exist along the Muskegon Shoreline, have been documented in
       site soils, thereby defining the site as a "facility" pursuant to Part 201 of the Natural
       Resources and Environmental Protection Act. A Due Care Plan has been prepared to
       assure site redevelopment does not exacerbate these environmental conditions, and to
       assure that no unacceptable exposures result from the redevelopment. This eligible
       property includes all real and personal property.

       Hot Rod Harley Davidson is a full-service Harley Davidson Motorcycle dealership,
       currently located at 590 Ottawa Street in Muskegon. They intend to relocate their
       business to Downtown Muskegon, to become a part of Muskegon's new revitalized
       downtown and Muskegon Lake shoreline area. Hot Rod Harley hopes to attract
       motorcyclists from throughout Michigan and the Midwest through a week-long
       motorcycle festival (Bike Week).

       The project will include removal of the former concrete foundation and former tunnels,
       relocating utilities, construction of new infrastructure, and placement of fill materials to
       raise the site grade and serve as a cap for impacted soils. A new steel and brick 2-story
       40,000 square foot building will be constructed to house the new Hot Rod Harley
       Davidson display showroom for Harley Davidson Motorcycles and apparel, Service
       Department, Parts Department, parts storage area and motorcycle storage areas. The
       exterior will include landscaping, parking, and drive areas, including a large parking lot to
       the east of the main building. Site preparation activities have been ongoing since
       summer of 2006; construction on the new building is planned to start in spring 2007.

       Hot Rod Harley currently employs 20 with an average annual salary ranging from $30 -
       $35,000. The new location will allow them to add 10 employees. The total estimated
       capital investment in the project is estimated at over $3. 7 million.

       Eligible Activities, Financing, Cost of Plan (Sec. 13(1)(a),(b),(c),(d),(g))

       Eligible activities that have been conducted on the Property by the purchaser/developer
       include completion of a Phase I and II Environmental Site Assessment, and preparation
                           City of Muskegon Brownfield Plan Amendment
                                          February 2007


of a Baseline Environmental Assessment and Section 7a (Due Care) Compliance
Analysis. Due Care response activities will also be undertaken by the developer as
required by the Due Care Plan, such as capping impacted soils. However, no eligible
activity costs are proposed to be financed with tax increment revenues, since all new tax
increments are already being captured through the ODA. As such, there are no costs to
the City of Muskegon or its taxing jurisdictions as a result of the Hot Rod Harley
Davidson project being included in this Plan.

Single Business Tax Credit

The Hot Rod Harley project is included in the Plan to enable "qualified taxpayers" as
defined by Section 38d of Act 228 of 1975, as amended, to avail themselves of eligibility
for a credit against their Michigan single business tax liability for "eligible investments" as
defined by P.A. 228. "Eligible Investments" include demolition, construction, restoration,
alteration, renovation, or improvement of buildings or site improvements on eligible
property and the addition of machinery, equipment, and fixtures to eligible property after
the effective date of this Plan Amendment.

Effective Date of Inclusion in Brownfield Plan

The Hot Rod Harley project was added to this Plan on _ _ _ _ _ _ _ _ _ .
       City of Muskegon Brownfield Plan Amendment
                      February 2007




        ATTACHMENT P-1

LEGAL DESCRIPTION AND SITE PLAN
        HOT ROD HARLEY
                           II ~:~~~~~s?:l~f~
                                        SITE MAP
        FOR: SIDOCK GROUP




                                                                            5' MICHIGAN CONSOLIDATE GAS 0)
                                                                            EASEMENT Ll18 P. 364-370
                                                                                                           b"'
                                                                                                        O:l -
                                                                                                        ~r--.
                                                                                                       "' .
                                                                                                        c-
                                                                                                           .
                                                                                                           l3l




CURVE~
L£NGTH=324.8
RADIUS=339.98'
L.C.=312.61'
L.C.8.=N23"05'02"W
D£LTA=54"44'J2"




                       ;
  AS A PROF£55/0NAL LAND SURVEYOR OF THE STATE OF MICHIGAN,
   I DO HEREBY CERTIFY THAT TO THE BEST OF MY PROFESSIONAL
   KNOWLEDGE ANO BELIEF, I HAVE SURVEYED THE PROPERTY AS
   DE:SCR/8£0 AND SHOWN HEREIN AND THAT THERE EXISTS NO VISIBLE
   ENCROACHMENTS ON SAID PROPERTY UNLESS NOTED AND THAT
   THIS SURVEY WAS PREPARE:D IN ACCORDANCE WITH A DESCRIPTION
   FURNISHED BY OTHERS AND SHOULD BE COMPARED TO THE ABSTRACT
  OF TITLE OR TITLE POLICY FOR ACCURACY, EASEMENTS, OR EXCEPTIONS.
  THIS SURVEY DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT
  AN EXPRESSED RECERTIFICATION BY THE SURVEYOR.

                                                                FILE NO: WS-07-0040
                                                                SCALE:    1" = 100'
                                                                SURVEYED BY:
   STANLEY J. KASS
   P.S. NO. 34972              DATE:                            ORN BY: BJA
   2534 BLACK·CREEK ROAD
   MUSKEGON Ml. 49444                                           DEEDS PREPARED UTILIZING TH!S LEGAL
   PHONE , [2J!l777-J447                                        DESCRIPTION FOR CONVEYANCES MUST
   FAX , (2J1)71J-J45J                                          MEET THE REQUIREMENTS OF SECTION 109
                                          SHEET 1 OF 2          PARAGRAPH 3 AND 4 OF P.A. 591 OF 1996.
  @   COPYRIGHT 2007
                       II ~:~~l~~s?1~!~
                                     SITE MAP
        FOR: S/DOCK GROUP

PROPERTY DESCRIPTION

THAT PART OF BLOCKS 554, 556, 557 AND THAT PART OF VACATED MARKET STREET AND WATER
STREET, OF THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, AS RECORDED IN UBER
3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, FURTHER DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTH MOST CORNER OF BLOCK 556 OF SAID REVISED PLAT (ALSO BEING
THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WESTERN AVENUE AND THE
NORTHERLY RIGHT-OF-WAY LINE OF TERRACE STREET);

THENCE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID TERRACE STREET, A DISTANCE OF 254.93 FEET TO THE POINT OF
BEGINNING;

THENCE CONTINUE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST ALONG SAID LINE, A
DISTANCE OF 194.31 FEET;

THENCE NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID TERRACE STREET ,
A DISTANCE OF 324.83 FEET ALONG A NON-TANGENT CURVE TO THE RIGHT CURVE DATA BEING
(RADIUS = 339.98 FEET, DELTA = 54 DEGREES 44 MINUTES 32 SECONDS, LONG CHORD =
312.61 FEET, LONG CHORD BEARING = NORTH 23 DEGREES 05 MINUTES 02 SECONDS WEST);

THENCE NORTH 04 DEGREES 17 MINUTES 13 SECONDS EAST ALONG SAID EASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 117.71 FEET;

THENCE SOUTH 85 DEGREES 42 MINUTES 47 SECONDS EAST ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF SHORELINE DRIVE, A DISTANCE OF 653.74 FEET;

THENCE SOUTH 04 DEGREES 17 MINUTES 10 SECONDS WEST, A DISTANCE OF 204.99 FEET;

THENCE NORTH 85 DEGREES 42 MINUTES 50 SECONDS WEST, A DISTANCE OF 241.05 FEET;

THENCE SOUTH 04 DEGREES 17 MINUTES 10 SECONDS WEST, A DISTANCE OF 68.66 FEET;

THENCE SOUTH 28 DEGREES 47 MINUTES 00 SECONDS WEST, A DISTANCE OF 222.24 FEET TO
THE POINT OF BEGINNING.

SAID PARCEL CONTAINS 4.73 ACRES, MORE OR LESS.




                            DEEDS PREPARED UTILIZING THIS LEGAL
                            DESCRIPTION FOR CONVEYANCES MUST
                            MEET THE REQUIREMENTS OF SECTION 109
                            PARAGRAPH 3 AND 4 OF P.A. 591 OF 1996.




                                      DATE:
                                      SHEET 2 OF 2                   FILE NO: WS-07-0040
@   COPffl/GHT 2007
                      11 r~~~l~~n~!~ SITE MAP
    FOR: S/DOCK GROUP




                                                                          EASEMENT L118 P. 364-370
                                                                                                         "'
                                                                          5' MICHIGAN CON"SOUOA1E GAS 0) ~
                                                                                                      O} -
                                                                                                    ~   t--.
                                                                                                   "' .,.
                                                                                                    0   -

                                                                                                        l;l




              ;
AS A PROFESSIONAL LAND SURVEYOR OF THE STATE OF MICHIGAN,
I DO HEREBY CERTIFY THAT TO THE BEST OF MY PROFESSIONAL
KNOWLEDGE AND BELIEF, I HAVE SURVEYED THE PROPERTY AS
DESCRIBED AND SHOWN HEREIN AND THAT THERE EXISTS NO VISIBLE
ENCROACHMENTS ON SAID PROPERTY UNLESS NOTED AND THAT
THIS SURVEY WAS PREPARED IN ACCORDANCE WITH A DESCRIPTION
FURNISHED BY OTHERS AND SHOULD BE COMPARED TO THE ABSTRACT
OF TITLE OR TITLE POLICY FOR ACCURACY, EASEMENTS, OR EXCEPTIONS.
THIS SURVEY DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT
AN EXPRESSED RECERTIFICATION BY THE SURVEYOR.

                                                           FILE NO: WS-O7-OO4O
                                                           SCALE:     1" = 1  oo·
                                                           SURVEYED BY:
STANLEY J. KASS                                            DRN BY: BJA
P.S. NO. 34972              DATE:
2534 BLACK-CREEK ROAD
MUSKEGON Ml. 49444                                         DEEDS PREPARED UTILIZING THIS LEGAL
PHONE : (231l777-3447                                      DESCRIPTION FOR CONVEYANCES MUST
FAX : (231)713-3453                                        MEET THE REQUIREMENTS OF SECTION 109
                                        SHEET 1 OF 2       PARAGRAPH 3 AND 4 OF P.A. 591 OF 1996.
@ COPYRIGHT 2007
                 Commission Meeting Date: February 27, 2007




Date:          February 19, 2007

To:            Honorable Mayor and City Commissioners

From:          Planning & Economic Development                U)l,
RE:            Amendment to the Zoning Ordinance - Outdoor Seating



SUMMARY OF REQUEST:

Request to amend Section 2308 (Outdoor Seating) of Article XXIII (General Provisions)
regarding outdoor seating for restaurants and similar uses.


FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to add the language regarding outdoor
seating.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 2/15 meeting. The
vote was unanimous with T. Michalski and B. Smith absent.




2/19/2007
                           Staff Report (EXCERPT)
                             CITY OF MUSKEGON
                           PLANNING COMMISSION
                             REGULAR MEETING

                                 Febrnruy 15, 2007



Hearing; Case 2007-05: Staff initiated request to amend Section 2308, (Outdoor
Seating), of Article XXIII, General Provisions, to add language for outdoor seating for
restaurants and similar uses.


BACKGROUND
Staff knows of at least two restaurants on Western Avenue who want to add outdoor
seating to their businesses. With the development of the downtown moving forward at a
rapid pace, it seems like the right time to put this language in place to help regulate
outdoor seating in all commercial areas. This language helps protect established
businesses from street vendors who may tty to set up in front of their establishment, since
the seating must be ancillary to the main use of the building. It also helps control such
things as noise, pedestrian circulation, encroachment on the public right-of-way, and
provide for aesthetically compatible outdoor furniture.

NEW LANGUAGE

Outdoor seating for restaurants, cocktail lounges, and similar uses is permitted,
provided:

       1.     The area devoted to outdoor seating must be ancillary to the main use of
              au indoor restaurant, cocktail lounge, bakery, coffee shop, delicatessen,
              specialty food store, or similar establishment.
       2.     Pedestrian circulation and access to the building entrance shall not be
              impaired. A minimum of three (3) feet of sidewall{ along the curb and
              leading to the entrance to the establishment must be maintained free of
              tables, chairs, and other encumbrances.
       3.     The seating area shall be limited to the same property directly adjacent to
              the permitted use to which the seating area is accessory and shall not
              extend into adjoining sites. If adjoining sites both have a seating area,
              there shall be a divider between them.
       4.      Tables, chairs, umbrellas, canopies, planters, waste receptacles, and
              other elements of street furniture shall be compatible with the
              architectural character of the principal building.
       5.     Outdoor amplification shall be prohibited except only to play music in
              compliance with Code of Ordinances, City of Muskegon, Part II, Chapter



                                                                                         2
               26, Article II, Noise, Division I, Generally, Sec. 2634, (a & b) "Playing of
               radios, musical instruments, etc."
       6.      The area devoted to outdoor service shall not encroach upon or extend
               over any public alley or right-of-way without an encroachment
               agreement with the City of Muskegon.
       7.      A site plan shall be submitted which clearly depicts the seating area and
               location and style of tables and chairs, reflecting ample aisles for
               pedestrian traffic, and dividers, if needed.
       8.      The outdoor seating area shall not obstruct visibility of on-coming
               pedestrians or vehicular traffic, and must adhere to clear visions
               standards of the Zoning Ordinance.
       9.      The sale of alcoholic beverages is subject to the rules and regulations of
               the State of Michigan Liquor Control Commission. An outdoor service
               permit may be required as part of the site plan approval.
       10.     All outdoor furnishings shall be completely removed from sidewalk areas
               December 1 through March 1 of each year.
       11.     The area devoted to such outdoor dining area shall be maintained in a
               safe, clean, and sanitary manner.
       12.     Roof seating shall comply with the building code, and not contain signage.


DELIBERATION

I move that the amendment to Section 2308, (Outdoor Seating) of Article XXIII, General
Provisions, of the City of Muskegon Zoning Ordinance, be recommended to the City
Commission for (approval/denial).




                                                                                         3
                               CITY OF MUSKEGON

                        MUSKEGON COUNTY, MICHIGAN

                               ORDINANCE NO. 2 21 7

An ordinance to amend Section 2308 (Outdoor Seating) of Article XXIII (General
Provisions) adding language for outdoor seating.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 2308 (Outdoor Seating) of Article XXIII (General Provisions) is amended lo add
language for outdoor seating, as follows:


Changes to Section 2308, Outdoor Seating, (General Provisions)

Outdoor seating for restaurants, cocktail lounges, and similar uses is permitted, provided:

        1.      The area devoted to outdoor seating must be ancillary to the main use of an
                indoor restaurant, cocktail lounge, bakery, coffee shop, delicatessen, specialty
                food store, or similar establishment.
       2.      Pedestrian circulation and access to the building entrance shall not be
                impaired. A minimum of three (3) feet of sidewalk along the curb and leading
               to the entrance to the establishment must be maintained free of tables, chairs,
                and other encumbrances.
       3.      The seating area shall be limited to the same property directly adjacent to the
               permitted use to which the seating area is accessory and shall not extend into
               adjoining sites. If adjoining sites both have a seating area, there shall be a
               divider between them.
       4.        Tables, chairs, umbrellas, canopies, planters, waste receptacles, and other
               elements of street furniture shall be compatible with the architectural character
               of the principal building.
       5.      Outdoor amplification shall be prohibited except only to play music in
               compliance with Code of Ordinances, City of Muskegon, Part II, Chapter 26,
               Article II, Noise, Division I, Generally, Sec. 2634, (a & b) "Playing of radios,
               musical instrnments, etc."
       6.      The area devoted to outdoor service shall not encroach upon or extend over
               any public alley or right-of-way without an encroachment agreement with the
               City of Muskegon.
       7.      A site plan shall be submitted which clearly depicts the seating area and
               location and style of tables and chairs, reflecting ample aisles for pedestrian
               traffic, and dividers, if needed.
       8.      The outdoor seating area shall not obstruct visibility of on-coming pedestrians
                  or vehicular traffic, and must adhere to clear visions standards of the Zoning
                  Ordinance.
        9.        The sale of alcoholic beverages is subject to the rules and regulations of the
                  State of Michigan Liquor Control Commission. An outdoor service permit
                  may be required as part of the site plan approval.
        I 0.      All outdoor furnishings shall be completely removed from sidewalk areas
                  December I through March I of each year.
        11.       The area devoted to such outdoor dining area shall be maintained in a safe,
                  clean, and sanitary manner.
        12.       Roof seating shall comply with the building code, and not contain signage.

This ordinance adopted:

Ayes: Warmington, Wierenga, Carter, Davis, Gawron,
      Shepherd, and Spataro
Nayes: None

Adoption Date:        February 27, 2007

Effective Date:       March 13, 2007

First Reading:        February 27, 2007

Second Reading: __N_/_A_ _ _ _ _ _ _ _ _ _ _ _ _ __

                                                CITY OF MUSKEGON


                                                B y : ~ h / \ J\             ~   (s 9. J ':/..J"'"\
                                                        Ann Marie Becker, MMC,City Clerk
                                            CERTIFICATE

         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27th day of February, 2007, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby. \''\.           .          •

DATED:        February 27 ,2007.                 ~~ \ J \ J              ~Y=
                                               Ann Marie Becker, MMC
                                               Clerk, City of Muskegon



Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.
                                     CITY OF MUSKEGON
                                     NOTICE OF ADOPTION

Please take notice that on February 27, 2007, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2308 (Outdoor Seating) of Article XXIII (General Provisions) adding
language for outdoor seating.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

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

Published   lllt1rc/2     ,3       , 2007.            CITY OF MUSKEGON
                                                      By _ _ _ _ _ _ _ _ _ _ _ __
                                                           Ann Marie Becker, MMC
                                                           City Clerk



PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

AccountNo. 101-80400-5354




                                                                                                    7
               Commission Meeting Date: February 27, 2007




Date: February 20, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C(Z;C..
RE: Environmental Program Mowing and Trash Clean-up Contract


SUMMARY OF REQUEST:
The contract for mowing of lots and trash clean up of public and private properties is
currently held by Freelance Enterprises Inc. and will expire on March 29, 2007.
Included in this contract was an option to extend for one year, expiring on March 29,
2008. The contractor has indicated he wishes to exercise the one year extension.

FINANCIAL IMPACT:
The 2005 bids came in lower than the amounts paid under the previous contract
which resulted in cost savings to the city .. Considering the increases in costs the
contractor has faced since this bid was accepted, staff expects a new contract would
bring with it higher costs.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION:
To approve the one year contract extension with Freelance Enterprises (see
attachments), for the mowing of lots and trash removal on properties located within
the city.

COMMITTEE RECOMMENDATION: None
                     ·       E ·n t e;, r         . r-i .s 431 .s ,     I n c::        4




                 .   Irrigation • Landscaping • H/droseeding • Commercial & Residential
                 1385 E. Keating• Muskegon, Ml 49442 • Phone: 231.725.0038 • Fax: 231.7~5.0028




                                                                             01-29-07            .


I, Lindsey Ames, president and owner of Freelance Enterprises Inc. would like to ·
exercise my option for renewal ofmy contract for the 2007 season for trash pick0 up and
grass mowing and trimming.

                                                       Sincerely, LindseyAmes
                                                    CITY OF MUSKEGON
                                                  CONTRACT FOR SERVICES

             This Agreement is effective on this 29 th • day of March, 2005, between City of Muskegon, a
             Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"), and,
             Lindsay Ames, of Freelance Enterprises Inc. ("Contractor"), with reference to the following facts:

                                                              Background


            A.         City requested bid proposals for yard maintenance and trash clean up of City-owned,
                       State-owned and privately-owned properties located within the City limits of Muskegon,
                       as well as areas including but not limited to railroad and street right-of-ways and terraces.

            B.         Contractor submitted a bid proposal for the yard maintenance and trash clean up the City-
                       owned, State-owned and privately-owned properties located within the City limits of
                       Muskegon as listed above.

            Therefore, the parties agree as follows:

            1.        Inclusion of Additional Agreements. This Agreement includes, but may not be limited
                      to the following:

                      a.         Invitations to bid, instructions to bidders and the pre-bid conference with
                                 minutes;

                      b.         All descriptions of services not included in this Agreement but used in
                                 connection with the bidding process;

                      c.         The bid proposal and any requirement included with or attached to the bid
                                 documents and this Agreement; and

                      d.        Any specifications used in connection with this Agreement.

This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.

In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify
the City, in writing, for a determination, interpretation, clarification and/or prioritization of the
inconsistencies.

           2.        Services. Contractor shall provide the following services, under the direction and
                     supervision of the City Planning Department, relating to yard maintenance and trash
                     clean up of the above listed properties. Contractor shall perform the services set forth in
                     this contract in a timely, workman-like manner.

                     a.         Mowing. Contractor shall mow all grass, weeds and brush including
                                mowing around all obstacles, up to three inches (3") in diameter, leaving no
                                ridges of high or uncut grass.


\\Muskdata\Oata\Planning\COMMON\Environmental\2005 bids._notices\2005 Final Contract.doc
                                                                       1
                       b.        Trimming/Cutting/ Raking. Contractor shall trim all bushes and unsightly
                                 branches, cut large tree limbs or logs, rake and remove heavy concentrations of
                                 yard clippings, small debris and fallen leaves and/or branches. Contractor shall
                                 also sweep or blow sidewalk and/or driveways clean of debris.

                       c.        Garbage, debris and waste removal. Contractor shall pick up and remove all
                                 garbage, debris, trash and waste materials, including but not limited to cans,
                                 bottles, loose papers, dead tree limbs, grass and bush clippings,
                                 abandoned/broken/unused household appliances, furniture, and other like items.
                       d.        Disposal.

                                 i.        Contractor shall handle and dispose of Freon according to the applicable
                                           State and Federal mandates.
                                 ii.       Contractor shall ensure the separation and individual disposal of garbage
                                           and lawn debris.
                                 111.      All garbage, debris, trash, waste materials, grass, weeds, brush,
                                           appliances, furniture and other items removed from each site shall be
                                           transported by the Contractor for disposal to a location predetermined by
                                           City.

                      e.        Photographs. Contractor shall photograph each job site prior to and after
                                completion. The photographs will indicate each job site address and/or location
                                to ensure proper identification of the location and/or property. The photographs
                                shall also indicate the date the picture was taken. All film and processing costs
                                associated with this service shall be the sole responsibility of the Contractor.

                      f.        Record Keeping. Contractor agrees to keep proper records of all work
                                performed on behalf of City.

                     g.         Other. Contractor may be required to perform other related work as deemed
                                necessary by the City Planning Department.

           3.        Equipment. Contractor shall furnish or supply all the equipment and labor necessary to
                     carry out its obligations under this Agreement. The equipment and labor includes but is
                     not limited to: general labor, technical personnel, machinery, tools, transportation, fuel,
                     and all other such materials. All equipment must meet the safety standards as required
                     byMIOSHA.

                     a.        Inspection. City or its designated agents shall inspect for safety, appearance and
                               sanitation, all equipment used by Contractor to carry out its obligations under this
                               Agreement. All vehicles used in the transport of garbage, trash and other waste
                               must be police safety inspected. City may refuse Contractor the right to utilize
                               any equipment that is deemed to be unsafe, unsanitary or of an unsightly
                               appearance based on that inspection. In that event, Contractor shall repair,
                               replace or restore the equipment to a suitable condition as soon as reasonably
                               possible.


                     b.        Required Equipment.




\\Muskdata\Data\Planning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
                                                                     2
                                     i.      Two (2) trucks.
                                     11.    Two (2) truck trailers. Minimum size: 10 yards with a 4,000 lb.
                                            capacity.
                                  111.      Four (4) tractors. Must have a brush hog type mower or flail type mower
                                            with a mower deck of a minimum five feet (5') diameter.
                                 1v.        Power trimmers.
                                 v.         Chain saws.
                                 v1.        Lawn mowers.
                                 vii.       Hand Tools, including rakes, brooms, shovels, pitch forks, and other
                                            tools as deemed appropriate for the job site.
                                 viii.      Lawn edger blowers. One per team or work crew.
                                 ix.        Digital Cameras. Minimum 3 megapixel resolution with automatic
                                            dating capacity.
                                 x.         CD-R compact discs for the transfer of digital images.
                                 xi.        Personal computer with ability to record photo images to CD-R compact
                                            discs.

                      c.         Method of Transport. Contractor agrees to haul tractors, mowers and other •
                                 equipment to the job location, unless otherwise approved by City.

            4.        Expenses, Contractor shall be responsible to pay for all expenses incurred by Contractor
                      related to the performance of its duties under this Agreement and for all compensation
                      owed to its workers and/or subcontractors.

           5.         Contract Price. City agrees to pay Contractor, in full consideration for the complete
                      performance of Contr~ctor's obligations under this Agreement, the amount set forth in
                      the Contractor's bid proposal and documents described in paragraph 1.

           6.         Assignments. Work assignments are determined on an as needed basis.

           7.         Contractor Work Crew.

                      a.        Number. Each work crew shall consist of two (2) persons per assignment,
                                unless otherwise approved by the City. City reserves the right to limit the size of
                                work crews at any time.

                     b.         City Representatives. City may assign one or more persons to the job site as its
                                Representative(s). The City Representative(s) may supervise work crews in their
                                performance at the job site, and may instruct the work crews as to what tasks
                                must be performed.

           8.        Schedule.

                     a.         Work schedules shall be completed by City on a daily or as needed basis.

                     b.        Provisions shall be made, at Contractor's expense, for contacting the
                               Contractor on short notice or in an emergency situation by any the following
                               methods:

                                i.         Telephone;
                               11.         Cellular Telephone; or


\\Muskdata\Data\Planning\COMMON\Environmental\2005 bids_notlces\2005 Final Contract.doc
                                                                     3
                                iii.        Beeper.




            9.        Work Orders.

                      a.         Distribution. Work orders will be distributed to the Contractor at a location
                                 designated by the City.

                      b.         Completion. All jobs listed in a work order must be completed within five (5)
                                 working days following receipt of the work order by Contractor. Time
                                 extensions may be pennitted for inclement weather and similar restricting
                                 circumstances, as determined by the City. All completed work orders shall be
                                 returned to the City by 8:00 a.m. the following work day after the work is
                                 completed ..

            10.       Payment.

                      a.        Form.

                                1.         Requests for payment shall be submitted on a form prepared and
                                           approved by the City;
                                ii.        Requests shall include a list of job numbers with the conesponding cost
                                           ofeachjob;
                                iii.       Requests shall be on a per-quarter hour basis; total time per job to be
                                           agreed to by the Contractor and City Representative.
                               iv.         Requests for work completed that were not perfom1ed in compliance
                                           with subsection 9(b) may not be compensated.
                                v.         Inadvertent payment made to the Contractor for work not performed in
                                           compliance with the terms of this contract, or for any other reason, will
                                           be deducted by the City from subsequent payments.

                     b.         Frequeucy. Requests for payment shall be made monthly and payment will be
                                made on the second and fourth Friday of each month.

                     c.         Travel Time. Travel time shall be charged by Contractor as follows:

                                i.        Time may be charged for travel from a completed job site to another job
                                          site. Travel time shall be shown on a voucher completed for the
                                          destination site.
                                ii.       Time may be charged for travel to and from a disposal site with a full
                                          load of garbage, trash, waste and other items. Travel time shall be
                                          indicated on a dump voucher or slip.
                                iii.      Travel time shall only be compensated for direct and logical routes.
                                iv.       All vouchers, bills, slips and pictures pertaining to a work order or a job
                                          site shall be submitted to the City at the same time.
                               v.         Requests for payment that are submitted without the proper
                                          documentation, including but not limited to vouchers, bills, slips and
                                          pictures will not be accepted until such time all such items are submitted.




\\Muskdata\Data\Ptarming\COMMON\Environmental\2005 bids_nolices\2005 Final Contract.doc
                                                                     4
             11.          Specific Reservations.

                       a.         City reserves the right to have Contractor bag or remove debris and/or trash from
                                  the property and place the same on the terrace at the property for removal by the
                                  City refuse contractor.

                       b.         City reserves the right to have the City refuse contractor clean up the debris
                                  and/or trash left on the terrace at a work site property on an as needed basis.

                       c.        City reserves the right to use volunteers, court ordered public service workers
                                 and/or prisoners in lieu of Contractor's services for any work indicated
                                 throughout this Agreement.

            12.       Terms and Termination.

                      a.         This Agreement shall be effective on March 29 th , 2005, and shall remain in full
                                 force and effect until March 29 th , 2001, with an annual extension option through
                                 March 29 th , 2008.

                      b.         This Agreement may be tem1inated by either party, without cause, upon thirty
                                 (30) days' written notice to the other party.

            13.       Commencement and Damages.

                      a.        Commencement. Contractor shall commence work no later than the time set
                                forth in the Agreement.

                      b.        Damages. In the event that Contractor fails to commence performance at the
                                specified time and is in default of the Agreement, Contractor shall pay to the City
                                the sum of $200 for each and every calendar day that the Contractor is in default.
                                The amount of damages shall not be construed as a penalty, but to ensure the
                                City's ability to provide substituted services and costs associated with that
                                default. Damages shall be determined by the City after investigation by the City.
                                Damages shall be deducted from payment.

                     c.         Violations. Following Contractor's commencement of performance of this
                                Agreement, City shall notify Contractor of each violation of the Agreement
                                reported to City. It shall be the duty of Contractor to remedy the cause of the
                                complaint. Failure of Contractor to take remedial measures shall be considered a
                                breach of the Agreement, and for the purpose of computing damages under the
                                provisions of this section, it is agreed that City may deduct from payments due or
                                to become due to Contractor the City's cost to remedy or substitute performance.

Failure to perform pursuant to this Agreement for a period in excess of three (3) consecutive, scheduled,
working days, or failure for a similar period, to perform in the manner required, and provided such failure
is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice
to Contractor, utilize any or all of Contractor's equipment used in performance o.fthis Agreement until
such time the matter is resolved and the Contractor is performing under the terms of the Agreement.

Any and all expenses incurred by City during such time may be deducted from payments due or to
become due to Contractor.



\\Muskdata\Oata\Planning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
                                                                     5
  Should Contractor be unable to resume performance at the close of ten (I 0) calendar days, all liability of
  the City under this Agreement shall cease and City shall be free to negotiate with other contractors for the
  performance of work. Any contract thereby entered into with another contractor shall not release
  Contractor from liability to City for breach of this Agreement.

                       d.        Appeal. The City's determination shall be final and binding on both parties,
                                 unless appealed, in writing to the City Manager or his designee within ten (10)
                                 working days after notice. The City Manager or his designee shall grant
                                 Contractor an informal hearing upon such request. The decision of the City
                                 Manager shall be final and binding.

                      e.         Waiver. City may waive all or any portion of damages without prejudicing its
                                 rights under this Agreement.


            14.       Insurance and Indemnity.

                      a.        Hold Harmless Agreements. To the fullest extent permitted by law, Contractor
                                agrees to defend, pay in behalf of, indemnify, and hold harmless the City, its
                                elected and appointed officials, employees, volunteers, and others working on
                                behalf of the City against any and all claims, demands, suits, or losses, including
                                all costs connected therewith, and for any damages which may be asserted,
                                claimed or recovered against or from the City, its elected and appointed officials,
                                employees, volunteers, or others working on behalf of the City, arising out of or
                                is any way connected or associated with this contract. The obligation to defend
                                and hold harmless extends to City's employees, agents, subcontractors, assigns
                                and successors.

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

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

                     d.         Vehicle Liability Insurance. Contractor shall procure and maintain during the
                                life of this contract, Vehicle Liability Insurance, in accordance with all applicable
                                Statutes of the State of Michigan.

                     e.         Commercial General Liability Insurance. Contractor shall procure and
                                maintain during the life of this contract, Commercial General Liability Insurance
                                on an "Occurrence Basis" with limits of liability not less than $1,000,000 per
                                occurrence and/or aggregate combined single limit, Personal Injury, Bodily
                                Injury and Property Damage. Coverage shall include the following extensions:
                                (A) Contractual Liability; (B) Products and Completed Operations; (C)
                                Independent Contractors Coverage; (D) Broad Form General Liability Extensions


\\Muskdata\Oata\P!anning\COMMON\Environmenta!\2005 bids_notices\2005 Final Contract.doc
                                                                      6
'•



                                       or equivalent; (E) Deletion of all Explosion, Collapse and Underground (SCU)
                                       exclusions, if applicable.

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

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

                           h.         Proof of Insurance Coverage, Contractor shall provide the City at the time the
                                      contracts are returned for execution, certificates and policies endorsing the City
                                      as additional insured as listed below:

                                      i.        Two (2) copies of Certificate oflnsurance for Workers' Compensation
                                                Insurance, if applicable;

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

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

                           1.        If any of the above coverages expire during the term of this contract, Contractor
                                     shall deliver renewal certificates and/or policies to City at least ten (I 0) days
                                     prior to the expiration date.

                15.       Income Tax Withholding. Contractor shall withhold income taxes from each employee
                          who is subject to such withholding, and pay such tax in accordance with the City of
                          Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
                          Contractor shall require the same from each subcontractor, consultant or vendor used in
                          the performance of his duties and obligations in this Agreement. City reserves the right
                          to withhold payments otherwise due to Contractor to assure compliance with this
                          Agreement or to cure such noncompliance.




                16.       General Provisions.

                          a.         Notices. Any notice that either party may give or is required to give under this
                                     Agreement shall be in writing, and, if mailed, shall be effective on the day it is
                                     delivered to the other party at the other party's address set forth in this Agreement


     \\Muskdata\Data\Planning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
                                                                          7
                                                                                                                      - '.

                                 or at any other address that the other party provides in writing. Notices given in
                                 person are effective on the day they are given.

                       b.        Governing Law. This Agreement is executed in accordance with, shall be
                                 governed by, and construed and interpreted in accordance with, the laws of the
                                 State of Michigan.

                       c.        Assignment or Delegation. Neither party shall assign all nor any portion of its
                                 rights and obligations contained in this Agreement without the express prior
                                 written approval of the other party, which approval may be withheld in the other
                                 party's sole discretion.

                      d.         Entire Agreement. This Agreement shall constitute the entire agreement, and
                                 shall supersede any other Agreements, written or oral, that may have been made
                                 or entered into, by, and between the parties with respect to the subject matter of
                                 this Agreement, and shall not be modified or amended except in a subsequent
                                 writing signed by the party against whom enforcement is sought.

                      e.        Binding Effect. This Agreement shall be binding upon, and inure to the benefit
                                of, and be enforceable by, the parties and their respective legal representatives,
                                permitted successors, and assigns.

                      f.        Non-Waiver. No waiver by any party of any provision ofthis Agreement shall
                                constitute a waiver by such party of such provision on any other occasion or a
                                waiver by such party of any other provision of this Agreement.

                      g.        Severability. Should any one or more of the provisions of this Agreement be
                                determined to be invalid, unlawful, or unenforceable in any respect, the validity,
                                legality, and enforceability of the remaining provisions of this Agreement shall
                                not in any way be impaired or affected.

                     h.         Venue. The parties agree that, for purposes of any dispute in connection with
                                this Agreement, the Muskegon County Circuit Court shall have exclusive
                                personal and subject matter jurisdktion and venue.

                     i.         Survival. All representations, warranties, and covenants in this Agreement shall
                                survive the signing of this Agreement.




\\Muskdata\Data\Planning\COMMON\Environmental\2005 bids_nolices\2005 Final Contract.doc
                                                                      8
•,




       City and Contractor have executed this Agreement on the date written next to their signatures to be
       effective according to the te1m(s) stated in this document.


                                                                      City-

                 Date:      .3 -.3 J       , 200   ,>




                                                                      And:_~""'='~~:__l1~~~~b.i...-
                                                                        Ga1l A. Kundinger, MMC
                                                                         City Clerk


                                                                     Co,,CJ\,A A·, ~-"-Jlc---.
                                                             Ann Marie Becker, Clerk
                                EXHIBIT A


                    Knollwood Ct., Beach St. to End

                   SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Knollwood Ct. between Beach St. & End
                         11   11
         EXHIBIT A
SPECIAL ASSESSMENT DISTRICT




          1----1
                   ..,
                   (/)




                                   BLVD
                       AFFIDAVIT OF MAILING


STATE OF MICHIGAN     )
                      ) ss
COUNTY OF MUSKEGON )

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                    Knollwood Court, Beach St. to End

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 16th DAY OF FEBRUARY, 2007.

                                          ~ ,~           ,J~ik-,
                                          A     MARIE BECKER, CITY CLERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
  I 7 ,..;, DAY OF fr,b ("!,10/"1                                                                            L:3.~




--------------'-·. -n,e,                                                                     b1t'lovJ cuicire--~~s ___
                                                                  Q..{D25 ~riollWC(:C(CT
                                                                       IYXYl e S4--ffiC'\eel ~7 ?
                              SPECIAL ASSESSMENT                                H 1625

       RECONSTRUCTION                     HEARING DATE          FEBRUARY 27, 2007

                         KNOLLWOOD COURT,BEACH STREET TO END
1                              JOHNSON DARWIN/DOROTHY E ASSESSABLE FEET:                             76
24-152-000-0124-00 1326 SCHIEDLER DR                     COST PER FOOT:                $32.00
@ 3016 KNOLLWOOD C BATAVIA        IL 60510               ESTIMATED P.O. COST:   I   $2,432.00 1




2                  TEJCHMA COLLEEN M                     ASSESSABLE FEET:                            76
24-152-000-0125-00 3024 KNOLLWOOD CT                     COST PER FOOT:                $32.00
@ 3024 KNOLLWOOD C MUSKEGON     Ml 49441                 ESTIMATED P.O. COST:   I   $2,432.00 1




3                  BALDAS PETER                          ASSESSABLE FEET:                           76
24-152-000-0126-00 3036 KNOLLWOOD CT                     COST PER FOOT:                $32.00
@ 3036 KNOLLWOOD C MUSKEGON     Ml 49441                 ESTIMATED P.O. COST:   I   $2,432.00                    1




4                  MCPHERSON JACK                        ASSESSABLE FEET:                           76
24-152-000-0127-00 3046 KNOLLWOOD CT                     COST PER FOOT:                $32.00
@ 3046 KNOLLWOOD C MUSKEGON     Ml 49441                 ESTIMATED P.O. COST:   I   $2,432.00                    1




5                  MILAS CAROLINE H TRUST                ASSESSABLE FEET:                           76
24-152-000-0128-00 3056 KNOLLWOOD CT                     COST PER FOOT:                $32.00
@ 3056 KNOLLWOOD C MUSKEGON      Ml 49441                ESTIMATED P.O. COST:   I   $2,432.00 1




6                  FUNK TRUST                            ASSESSABLE FEET:                           76
24-152-000-0129-00 3066 KNOLLWOOD CT                     COST PER FOOT:                $32.00
@ 3066 KNOLLWOOD C MUSKEGON     Ml 49441                 ESTIMATED P.O. COST:   I   $2,432.00 1




7                  GRAY JEANNE C TRUST                   ASSESSABLE FEET:                           76
24-152-000-0130-00 3076 KNOLLWOOD CT                     COST PER FOOT:                $32.00
@ 3076 KNOLLWOOD C MUSKEGON      Ml 49441                ESTIMATED P.O. COST:   I   $2,432.00 1




l")/,i C:   lf"Jnf'\"7                                                              n .......... "' ,....,:.-,
         RECONSTRUCTION                     HEARING DATE           FEBRUARY 27, 2007

                KNOLLWOOD COURT,BEACH STREET TO END
     8                  SCULLEY CLEO J                      ASSESSABLE FEET:                   76
     24-152-000-0131-00 3086 KNOLLWOOD CT                   COST PER FOOT:                 $32.00
     @ 3086 KNOLLWOOD C MUSKEGON       Ml 49441             ESTIMATED P.O. COST:   I    $2,432.00 1




     9                  HAAS DONALD E                       ASSESSABLE FEET:                   76
     24-152-000-0132-00 3087 KNOLLWOOD CT                   COST PER FOOT:                 $32.00
     @ 3087 KNOLLWOOD C MUSKEGON      Ml 49441              ESTIMATED P.O. COST:   I    $2,432.00 1




     10                 PIETSCH JOHN A                      ASSESSABLE FEET:                   76
     24-152-000-0133-00 3077 KNOLLWOOD CT                   COST PER FOOT:                 $32.00
     @ 3077 KNOLLWOOD C MUSKEGON       Ml 49441             ESTIMATED P.O. COST:   I    $2,432.00 1




     11                 ANDRES ROBERT J/PAMELA S            ASSESSABLE FEET:                  76
     24-152-000-0134-00 3065 KNOLLWOOD CT                   COST PER FOOT:                 $32.00
     @ 3065 KNOLLWOOD C MUSKEGON     Ml 49441               ESTIMATED P.O. COST:   I    $2,432.00 1




     12                 MATTESON CHRIS/SANDRA               ASSESSABLE FEET:                  76
     24-152-000-0135-00 3025 KNOLLWOOD CT                   COST PER FOOT:                 $32.00
     @ 3025 KNOLLWOOD C MUSKEGON     Ml 49441               ESTIMATED P.O. COST:   I    $2,432.00   1




Jo   13
     24-152-000-0136-00
                               SCHULTZ LINDA
                               2877 BEACH ST
                                                            ASSESSABLE FEET:
                                                            COST PER FOOT:
                                                                                              76
                                                                                           $32.00
     @ 2877 BEACH ST           MUSKEGON      Ml 49441       ESTIMATED P.O. COST:   I    $2,432.00   1




     SUM OF ASSESSABLE FOOTAGE            988.00    SUM OF ESTIMATED P.O. COST:        $31,616.oo   1
     TOTAL NUMBER OF ASSESSABLE PARCELS     13.00
                                                                                          ;.



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

                     Return This Card By FEBRUARY 27, 2007
    Project Title:         KNOLLWOOD COURT,BEACH STREET TO END
    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 tre form and return it to the City Cit::rk's Ofiice. To
   return this card by mail, simply fold on the dolled 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:                           2877 BEACH ST

    Parcel Number                               24-152-000-0136-00
   Assessable Frontage:                         76           Feet " BENEFIT ANALYSIS BASED "
                                                $32.00       per Foot
   Estimated Front Foot Cost:                                                                   ECE1VED .
   ESTIMATED TOTAL COST                         $2,432.00
                                     \                                                         FEB 21 2007
   Property Description
   CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 136 EX W 6 FT THEREOF                            •.. G ~flils Oliw      I
                                                                                                              ._ol




                                         Your vote COUNTS!




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

                                                                    I AM OPPOSED , ~

              . //04- '). )c.~ J /tz. CoOwner/Spouse
Owner

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

                                                                          SCHULTZ LINDA              13
        Thank you for taking the time to vote on this important issue.
                               SPECIAL ASSESSMENT
                          HEARING RESPONSE CARD                                                                           \
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                 Return This Card By FEBRUARY 27, 2007
Project Title:          KNOLLWOOD COURT,BEACH STREET TO END
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, siqn the form and return it to thP. City C'Jerk'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:                           3016 KNOLLWOOD CT
Parcel Number                               24-152-000-0124c00    ...
                                                            ' ,.· 1·,,.

Assessable Frontage:                        76           Feet '' BENEFIT ANALYSIS BASED/'
                                                                          ,: ·,   ,~,'.ii-~,,.,' .-··," " ·
                                                                                  ~ '        !   '   '   -,

                                                                            '·:-·:-,_>,
Estimated Front Foot Cost:                  $32.00       per Foot•.

ESTIMATED TOTAL COST                        $2,432.00
Property Description
CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 124




                                      Your vote COUNTS!




                                                                                        OHNSON DARWIN/DOROTHY ET Al   1
                                                                                   '~


                  FEB 2 '3 2007
             ""~· . 9~!.Qff/_t;j~__
                                           SPECIAL ASSESSMENT
                                     HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                          Return This Card By FEBRUARY 27, 2007
    Project Title:                KNOLLWOOD COURT,BEACH STREET TO END
    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 C!erk'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:                                      3056 KNOLLWOOD CT
    Parcel Number                                          24-152-000-0128-00
    Assessable Frontage:                                   76          Feet " BENEFIT ANALYSIS BASED"

   Estimated Front Foot Cost:                              $32.00      per Foot

   ESTIMATED TOTAL COST                                    $2,432.00
   Property Description
   CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 128




                                                 Your vote COUNTS!




Owner
          I AM IN FAVOR


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




                C/4 ~1' J..t ,v'C H I fl'.I ('--H fl
                                                                              I AM OPPOSED


                                                       CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
                                                                                                JXI
Signature       CCi..-~ i~ I/ .'(}t,~ao                         Signature

Address         ,'3 C _'Jfr F. nc //i,:ti:: J Cl·               Address
                                                       '
        Thank you for taking the time to vote on this important issue.                                  EIV5D
                                                                                    MILAS CAR( INE H TRUSTC


                                                                                                  FEB .2 '3 2007
                                                                                              ...9i_.£[erks Office
                                 SPECIAL ASSES-.. .111ENT ·
                            HEARING RESPONSE CARD
  NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                    Return This Card By FEBRUARY 27, 2007
   Project Title:         KNOLLWOOD COURT.BEACH STREET TO END
   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 ret•_irn it to the City C!.erk's Office. To
  return this card by mail, simply fold on the dotted lines so the address   of, 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
                                                                             1
  PROJECT.
  Assessment Information
   Property Address:                            3076 KNOLLWOOD CT
   Parcel Number                               24-152-000-0130-00
   Assessable Frontage:                        76           Feet " BENEFIT ANALYSIS BASED "

  Estimated Front Foot Cost:                    $32.00     . per Foot

  ESTIMATED TOTAL COST                         $2,432.00
  Property Description                                         RECEIVED
  CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 130




                                      Your vote COUNTS!




Owner
          I AM IN FAVOR


                                                ~oOwner/Spouse
                                                                    I AM OPPOSED       •
   Please vote either in favor or opposed to the Special Assessment Street Paving Project.

                          ~
          "~~-=t....1...l:a:-1~-.,;;:..__;=;l..L.              -----------
Signature·                                           Signature

Address                     14/ l) U          (;1/~ddress
                                                                                                       7
        Thank you for taking the time to vote on this important issue.      GRAYJE;\NNEcTRusT




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

                     Return This Card By FEBRUARY 27, 2007
    Project Title:         KNOLLWOOD COURT,BEACH STREET TO END
    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 oroiect. sign the form and return it to the City CJ"'~~.'.-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:                                    3046 KNOLLWOOD CT
   : Parcel Number                                   24-152-000-0127 -00
    Assessable Frontage:                             76              Feet " BENEFIT ANALYSIS BASED "

   Estimated Front Foot Cost:                     J,32.00            per Foot
                                                 If Yi <>                           ap-;;i"I
   ESTIMATED TOTAL COST                             $2,432.00                   ~@:Qp.t,'q
   Property Description                             11ry5.co                       (tf)
   CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 127
                                                   ~
                                                                            RECEIVED
                                        Your vote COUNTS!

    Please vote either in favor or opposed to the Special

         I AM IN FAVOR    [2J
Owner        ______
              -:Jae I< m pl,,1_,_r_tJ_n___
                          <     5          CoOwner/Spouse ____________

Signature    . ·   j,,,,j my-i..-'14-                    . ·.·-·Signature
Address .       ';:;,~    Kl'I• /I tvoo cl   (! (),.,1   f   Address

        Thank you for taking the time to vote on this important issue.           McrHrnsoNJAcK
                                                                                                       4
                                   SPECIAL ASSESSMENT
                             HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                     Return This Card By FEBRUARY 27, 2007
    Project Title:         KNOLLWOOD COURT,BEACH STREET TO END
    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 sper.ial :3_ssessment proj'?ct, s!gn ths fern-: ar.d rct:.Jrn :t to the City Cleik'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:                           3065 KNOLLWOOD CT
    Parcel Number                               24-152-000-0134-00
    Assessable Frontage: .                      76          Feet " BENEFIT ANALYSIS BASED "

   Estimated Front Foot Cost:                   $32.00      per Foot

   ESTIMATED TOTAL COST                        $2,432.00
   Property Description
   CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 134




                                        Your vote COUNTS!




Owner

Signature

Address
                                                                                                         11
        Thank you for taking the time to vote on this important issue.        AN • ResRosrnT J1PAMe1As
                                   SPECIAL ASSESSMENT
                              HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                      Return This Card By FEBRUARY 27, 2007
     Project Title:         KNOLLWOOD COURT,BEACH STREET TO END
     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 tn 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:                          3086 KNOLLWOOD CT
    Parcel Number                              24-152-000-0131-00
    Assessable Frontage:                       76           Feet "BENEFIT ANALYSIS BASED"

    Estimated Front Foot Cost:                 $32.00       per Foot

    ESTIMATED TOTAL COST                       $2,432.00
    Property Description
   CITY OF MUSKGON BEACHWOOD SUB# 2 LOT 131
                                                                            RECEIVED
                                                                            FEB 2:,. 2t107
                                                                           t11JW Cl~~~ "
                                       Your vote COUNTS!



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




Owner          y; ,QIP \.   .Ju~              CoOwner/Spouse _ _ _ _ _ _ _ _ _ __
Signature      :z;;;  L~                            Signature
Address       J D7l     t~-f..t;-                   Address

        Thank you for taking the time to vote on this important issue.     scuL,evc,rnJ           8
                                                        \
                                                                      H-1625 KNOLLWOOD COURT, BEACH ST. TO END

                                                             PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION




                                            FEET           PERCENTAGE                                                 TOTAL NUMBER OF PARCELS -13
                                                                                                    FOR                                                        OPPOSE
                                                                           LETTER#   ST#     ST NAME          PARCEL#           FEET     LETTER#   ST#   ST NAME      PARCEL#          FEET

                                                                             4       3046   KNOLLWOOD     24-152-000-0127-00     76.00     13      2877   BEACH   24-152-000-0136-00   76.00
TOTAL ASSESSABLE FRONT FOOTAGE                988.00 · -                      7      3076   KNOLLWOOD     24-152-000-0130-00     76.00      1      3016 KNOLLWOOD 24-152-000-0124-00   76.00
                                                                              8      3086   KNOLLWOOD     24-152-000-0131 -00    76.00     5       3056 KNOLLWOOD 24-152-000-0128-00   76.00
FRONT FEET OPPOSED                            228.00         23.08%          11      3065   KNOLLWOOD     24-152-000-0134-00     76.00

RESPONDING FRONT FEET IN FAVOR                228.00         23.08%

NOT RESPONDING - FRONT FEET IN FAVOR          532.00         53.85%

TOTAL FRONT FEET IN FAVOR                     760.00         76.92%




                                                                           TOTALS                                               228.00                                                 228.00




                       TABULATED AS OF: 04:50 PM                                               2/27/2007 4:53 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Knollwood
        Commission Meeting Date: February 27, 2007




Date:       February 19, 2007
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department
RE:         Request for Technical Assistance for HUD Lead
            Abatement Grant Submittal


SUMMARY OF REQUEST: The State, through the Housing and Urban
Development Department (HUD), has grant funds available to assist
with lead abatement in houses. The grant amounts are up to $3 million.
The actual grant application is very extensive and requires technical
assistance. The State has $10,000 in technical assistance funds
available if the City is willing to match that amount. It is necessary to
submit a letter to the State requesting the technical assistance.



FINANCIAL IMPACT: The State will pay for $10,000, to be matched by
$10,000 of local CDBG funds.



BUDGET ACTION REQUIRED: The CDBG budget will need to be
amended to reflect this expenditure.


STAFF RECOMMENDATION: To approve the request for technical
assistance funds from the State and authorize the Mayor to sign the
attached letter.
Affirmative Action
(231\724-6703
FAX: {231)722-1214




Citv Manager
 231)724-6724
1?AX: (231)722-1214                                 West Michigan's Shoreline City

Civil Service
(231)724-6716
FAX: (231)724-4405     February 28, 2007

Clerk
(231)724-6705
FAX: (231)724-4178


Community and
                       Mr. Wesley F. Priem
{2~f{Jt.il'1/i1ces     Section Manager
FAX: (231)726-2501
                       Healthy Homes Section
                       Michigan Department of Community Health
                       201 Townsend, 4th Floor
                       P.O. Box 30195
                       Lansing, MI 48909

                       Dear Mr. Priem,

                       The City of Muskegon is interested in applying for the HUD Lead Hazard Control
                       Grant. Currently, the City is participating in a lead abatement coalition and is funding
                       lead abatement on a limited basis. There is a great deal more that could be done within
                       the City if funding were available. The HUD Lead Hazard Control Grant could assist
Income Tax
(231)724-6770          us in better addressing these issues.
FAX: (231)724-6768

                       Therefore, the City of Muskegon is seeking technical assistance for the HUD Lead
ffjfffj~~i1Yl"iccs
FAX: (231)728-4371     Hazard Control Grant. We understand that the State will contribute $10,000 towards
                       the technical assistance. The City of Muskegon will match that amount with$ I 0,000
Leisure Services
(231)724-6704          from our CDBG funds. In addition, staff will be available to coordinate with the
FAX: (231)724-1196
                       consultant in preparing the grant application.

                       If approved for the grant funding, the City is committed to providing staff for the
                       implementation and financial administration of the grant.
Plannin!!/Zoning
(231)724"-6702
FAX: (231)724-6790
                       If you have any additional questions, please contact Bryon Mazade, our City Manager,
                       at 231-724-6724.

                       Sincerely,
r2~~~~l~~litfi Dept.
FAX: (231)722-4188


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




Water Filtration
(231)724-4106
FAX: (231)755-5290

                           City of Muskegon, 933 Terrace Street, P ..O. ~ox 536, Muskegon, MI 49443-0536
                                                      www.shorelmec1ty.com
        Commission Meeting Date:             February 27, 2007

Date:       February 20, 2007
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:         Acceptance of the 2007-2008 CDBG/HOME
            Recommendation from City Administration and
            Citizen's District Council


SUMMARY OF REQUEST: To accept the recommendation of both the
Citizen's District Council and the Administration as it relates to the 2007-
2008 Community Development Block Grant entitlement and HOME
funding. The Commission is also being asked to schedule a Public
Hearing for March )3; 2007 to gather comments from the public
concerning the entitlement funding.
It is also requested that the Commission make their preliminary
recommendations on March% 2007 and their final decision regarding
the funding on March,<( 2007.
After the Commission has made it's final decision, the Community and
Neighborhood Services office will continue the Citizen's Participation
process until around April 20, 2007. At this time the City will send the
required documentation to the US Department of Housing and Urban
Development in order to request the 2007-2008 funding, whose fiscal
year begins June 1, 2007.
FINANCIAL IMPACT: The 2007-2008 allocations will be based on the
Commissions final decisions
BUDGET ACTION REQUIRED: There is no budget action required at
this time.
STAFF RECOMMENDATION: To accept the recommendation and set
the Public Hearing.



COMMITTEE RECOMMENDATION: None
Community Development Block Grant
                                                                          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       $3,000
American Red Cross                  Senior Transit                             $5,000              $2,500       $3,000
West Michigan Veterans              Food Bank/Transportation                   $2,500              $2,500       $3,000
Sacred Suds                         Laundry/Shower                             $6,000              $1,000       $3,000
DPW                                 Senior Transit                            $67,645             $40,000      $40,000
CDBG Code Enforcement               Code Enforcement                          $47,500.            $40,000      $40,000
Community Economic Development      Fa,ade                                    $10,000              $7,500       $6,500
CDBG Service Delivery               Delivery Service                         $120,000             $75,000      $75,000
Finance Bond Repayment              Bond                                     $245,000            $245,000     $245,000
HealthCare                          Health Outreach                            $7,378              $2,500       $3,000
Legal Aid                           Legal Services                             $5,000              $2,500       $3,000
Muskegon Community Health Project   Lead Safe Now! Muskegon                    $7,500              $2,500       $3,000
CDBG Administration                 Adrnin                                   $215,000            $195,000     $195,000
Street Construction                 Street                                    $60,000             $40,000      $40,000
Leisure Services                    Recreation                                $94,875             $65,000      $65,000
CDBG Siding                         Siding                                   $225,000            $185,000     $185,000
CDBG Emergency Repair               Emergency Repair                         $225,000            $180,000     $180,000
Dangerous Buildings                 Demolition                                $41,400             $50,000      $47,500
                                                  Total CDBG Request       $1,389,798          $1,138,500   $1,140,000

                                          Total CDBG Allocated+ Pl         $1,060,000          $1,060,000   $1,060,000
                                                 (+) Program Income           $88,000             $88,000      $88,000
                                                                           $1,148,000          $1,148,000   $1,148,000
                                          Allocated/Request Difference      $241,798              $9,500       $8,000

                                        Total Amt of Public Service*        $200,898            $121,000     $126,000
                            Public Service mandated Amt,cl_·,~'\--'-o'-'f__.M_,,__.,_,l.,._!,'d(,,.·



and currently listed with                         C,   f. tr CoDiMl."MCtttl
                                                        '                ( finn name)                                                                                (Listing No., if available)



•              I. We certify that the undersigned have been advised of the advantages and benefits of the Multiple Listing Service
                  (MLS). However, because of the uniqueness of our property and/or our situation, we elect to have the attached listing
                  remain unlisted with the MLS and listed solely with the above broker as an "Office Exclusive" until such time that
                  we notify said broker in writing of a change in our preference.


              2. Request that said listing be changed as follows:
                 that the price be changed from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ to




•
              4. Authorize the placement and use of a key box on the above property for the term of this agreement or for such
                 period of time as follows:    From _ _ _ _ _ _ _ to _ _ _ _ _ _ __



•
              5. Identify Reserve Prospects and if a sale occurs to them or listing is withdrawn/canceled, no commission will be due or
                 payable to such firm - (non published information)
                 - - - - - - - - - - - - - - - - - Termination Date: - - - - - - - - - - - - -
                   _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Termination Date: _ _ _ _ _ _ _ _ _ _ _ __
                   _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Termination Date: _ _ _ _ _ _ _ _ _ _ _ __
                            (Listing ofnames of Reserve Prospects does not constitute first right of refusal)



••            6. Seller requests temporary withdrawal of property from _ _ _ _ _ _ _ to _ _ _ _ _ _ _ for the following
                 reason(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

              7. Seller requests listing of said property to be withdrawn from the market for the following reason(s);

                   It is understood that seller is bound to pay the full brokerage fee in the original listing agreement if such property is
                   sold within _ _ _months after the withdrawal date of such listing to any persons with whom agent or agents had
                   negotiations with, exhibited the property to, or had oral or written contact with as a prospect, except if the property is
                   re!isted during said _ _ _m.onth period with any other broker. In case of withdrawal, seller AGREES/DISAGREES
                   (strike one) to re-imburse listing office for expenses incurred as a result of said listing, $_ _ _ _ _ __



•
              8. Seller requests listing broker to cancel listing agreement made on _ _ _ _ _ _ _ _ _ _ _ _ _for the following
                 reason(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                 In the event of cancellation, we AGREE/DISAGREE (strike one) to reimburse listing broker for any expenses incurred
                 as a result of said listing, It is understood and agreed that the seller is under no further obligation to broker and listing
                 contract is null and void unless exceptions be otherwise stated. This request becomes effective on the parties effective
                 on the date stated herein. $._ _ _ _ _ _ _ _ __

The parties acknowledge and agree to the above amendment(s), effective the date first above provided.



:~::~a~~~ktL ::-----------          (
                                                                                      COMPLETE IN TRIPLICATE                                                                                              May 2002

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