City Commission Packet 01-25-2005

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     CITY OF MUSKEGON
      CITY COMMISSION MEETING
                     JANUARY 25, 2005
    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:
     A. National Night Out. POLICE
o CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Contract for Walton Street Project Excavation.          COMMUNITY &
        NEIGHBORHOOD SERVICES
     C. FIRST READING-Zoning Ordinance Amendment for Outdoor Lighting.
        PLANNING & ECONOMIC DEVELOPMENT
     D. FIRST READING-Zoning Ordinance Amendment to Require the Same
       · Front Setback for a Major Street as a Collector Street. PLANNING &
         ECONOMIC DEVELOPMENT
o PUBLIC HEARINGS:
     A. Create a Special Assessment District for Southern Ave., Sixth to Seaway.
        ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
     A. Agreement with Muskegon Public Schools for Election Services. CITY
        CLERK
          B. Taxicab License- Great Lakes Shuttle, 1087 W. Laketon. CITY CLERK
          C. Water Plant Improvements Change Order. WATER FILTRATION
          D. Extending the Deadline for Taking Action on Proposed Mall Historic
             District. PLANNING & ECONOMIC DEVELOPMENT
          E. Concurrence with the Housing Board of Appeals Notice and Order to
             Demolish the Following: PUBLIC SAFETY
                   1. 1263 W. Larch- Area 12
                   2. 1856 Continental
                   3. 341 Bauer- Area 11
                   4. 61 Ottawa
                   5. 1309 Sixth -Area 10
                   6. 235 W. Forest
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
.>   Reminder: Individuals 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 fo the City Clerk .
.>   Be recognized by the Chair.
.>   Step foiWard to the microphone .
.>   State name and address.
>    limit of 3 minutes to address the Commission.
>    (Speaker representing a group may be allowed lO minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO AITENO THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON, PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Mi 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date:     January 25, 2005
To:       Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Community
Relations Committee that was held on Monday, January 3, 2005; the
Commission Worksession that was held on Monday, January 10, 2005;
and the Regular Commission Meeting that was held on Tuesday,
January 11, 2005.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     JANUARY 25, 2005
    CITY COMMISSION CHAMBERS@ 5:30P.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, January 25,
2005.
   Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach 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 Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-07 INTRODUCTIONS/PRESENTATION:
      A. National Night Out. POLICE
Denny Powers explained what National Night Out is, thanked Consumers Energy
for their help, and presented certificates to the Neighborhood Associations and
Consumers Energy.
2005-08 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Community Relations
Committee that was held on Monday, January 3, 2005; the Commission
Worksession that was held on Monday, January 10, 2005; and the Regular
Commission Meeting that was held on Tuesday, January 11, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Contract for Walton Street Project Excavation.       COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
execute a contract with Watts Trucking and Excavating, 1872 Austin, Muskegon.
Watts has the lowest bid, which was $13,500.
The CNS Department received three other bids from Accurate Excavators, 4040
Central Rd., Muskegon - $17, 950; Eastside Excavators, 5555 Miller, Muskegon -
$30,000; and McCormick Sand Inc., 995 S. 162nd, Shelby- $35,000.
FINANCIAL IMPACT: The funding will be allocated from the City's 2003 HOME
entitlement.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITIEE RECOMMENDATION: The Land Reutilization Committee and the City
Commission approved the Walton Street project.
       C. FIRST READING-Zoning Ordinance Amendment for Outdoor Lighting.
          PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2331 of Article XXIII (General
Provisions) to amend the Outdoor Lighting in all districts language regarding
street lighting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding street lighting.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 1/11 meeting. B. Mazade, P. Sartorius, T.
Johnson, T. Michalski, J. Aslakson, and L. Spataro voted in favor of the change.
S. Warmington, B. Smith and T. Harryman were absent.
       D. FIRST READING-Zoning Ordinance Amendment to Require the Same
          Front Setback for a Major Street as a Collector Street. PLANNING &
          ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 404, Article IV (R-1 Single
Family Residential); Section 603, Article VI (RT Two Family Residential); Section
703, Article VII, (RM-1 Low Density Multiple-Family Residential); Section 803,
Article VIII, (RM-2 Medium Density Multiple-Family Residential); Sections 903 &
907, Article IX (RM-3 High Density Multiple-Family Residential & MC Medical Care
Districts); Section 1003, Article X, (B-1 Limited Business); Section 1103, Article XI, (B-
2 Convenience and Comparison Business); Section 1203, Article XII, (B-3 Central
Business); Sections 1303 & 1308, Article XIII, (B-4 General Business & B-5 Central
Governmental Service); Section 1403, Article XIV, (1-1 Light Industrial); Section
1503 & 1507, Article XV, (1-2 General Industrial & WI-PUD Waterfront Industrial
Planned Unit Development); Section 1603, Article XVI (OSC Open Space
Conservation); Section 1703, Article XVII, (OSR Open Space Recreation); Section
1803, Article XVIII. (LR Lakefront Recreation); Section 1903, Article XIX (WM
Waterfront Marine); Section 2003, Article XX, (H Heritage), to amend the front
setback requirement for a major street to be the same as a collector street, to
match Table I.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:           Staff recommends amendment of the Zoning
Ordinance to amend the front setback requirement for a major street to be the
same as a collector street, to match Table I.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 1/11 meeting. B. Mazade, P. Sartorius, T.
Johnson, T. Michalski, J. Aslakson, and L. Spataro voted in favor of the request. S.
Warmington, B. Smith and T. Harryman were absent.
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the
Consent Agenda as submitted.
ROLL VOTE: Ayes:  Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2005-09 PUBLIC HEARINGS:
      A. Create a Special Assessment District for Southern Ave .. Sixth to Seaway.
         ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Southern Avenue, Sixth Street to Seaway Drive, and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. Comments in favor of the project were heard from: Robert
Kendall, 315 W. Southern Avenue; and Mary Jo MCCann, 461 W. Webster,
Representing Nelson Neighborhood Association. Ed Simmons, 973 W. Forest also
commented.
Motion by Commissioner Davis, second by Commissioner Carter to close the
Public Hearing at 5:49 p.m. and create the special assessment district for
Southern Avenue, Sixth to Seaway.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
           Carter
            Nays: None
MOTION PASSES
2005-10 NEW BUSINESS:
      A. Agreement with Muskegon Public Schools for Election Services.         CITY
         CLERK
SUMMARY OF REQUEST: To approve the Agreement with Muskegon Public
Schools for Elections Services provided for all District School Elections. Under the
new Election Consolidation legislation schools are no longer legally able to
conduct their own elections. All duties are turned over to an Election
Coordinating Committee made up of the clerks from communities in the School
District, the County Clerk and the School District. One individual is selected as
the Election Coordinator and since we have the largest number of residents in
the district, we will be the Coordinator. This really is what we have been doing
over the past 10 years that I have been Clerk in Muskegon. So it is business as
usual regarding school elections except for some specifics in the law that
requires a signed agreement by all members of the District Coordinating
Committee. We will be reimbursed for all actual costs for the Elections. Both the
City Attorney and the School District Attorney have reviewed the agreement
and approved it as written.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE   RECOMMENDATION:                Election   Coordinating     Committee
recommends approval.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the agreement and authorize the Clerk to sign the agreement.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
           Davis
            Nays: None
MOTION PASSES
      B. Taxicab License- Great Lakes Shuttle, 1087 W. Laketon. CITY CLERK
SUMMARY OF REQUEST: Stephanie Tilford of Great Lakes Shuttle, whose office is
located at 1087 W. Laketon, is requesting approval of a license to operate five
taxicabs.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve this request contingent upon approval
from the Police Department. Inspections, and applicant obtaining a special use
permit for the location.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
license contingent upon approval from the Police Department, Inspections, and
applicant obtaining a Special Use Permit.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
           Gawron
            Nays: None
MOTION PASSES
      C. Water Plant Improvements Change Order. WATER FILTRATION
SUMMARY OF REQUEST: To approve change order #6 of the Water Filtration
Plant Improvements Project. A portion of this change order was authorized as
"emergency" within the City's purchasing plan in order to keep the construction
project on schedule. The remainder of the items are similarly critical but do not
affect the project schedule.
FINANCIAL IMPACT: The total cost of change order #6 is $159,561.
BUDGET ACTION REQUIRED: None at this time. The change order cost will be
applied to the total cost of the Improvements Project as funded by the Drinking
Water Revolving Loan Fund.
STAFF RECOMMENDATION: Staff recommends approval of the items authorized
by the "emergency" procedure and the additional items as indicated in
change order #6.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the change order.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
           Larson
            Nays: None
MOTION PASSES
      D. Extending the Deadline for Taking Action on Proposed Mall Historic
         District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To extend the deadline for taking action on the
proposed Mall Historic District. A public hearing was held on January 2 L 2004
but no action was taken. This public hearing triggered an automatic one-year
deadline for taking action. Because that deadline has expired, Staff is now
requesting that the City Commission extend the deadline for one more year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution extending the time period
to take action on whether or not to designate the Mall buildings as a historic
district.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
resolution extending the deadline for one more year.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
           Shepherd
             Nays: None
MOTION PASSES
      E. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Structures: PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
             1. 1263 W. Larch- Area 12
CASE# AND PROJECT ADDRESS: #EN-030173, 1263 W. Larch
LOCATION AND OWNERSHIP: This structure is located on W. Larch between
Ruddiman and McGraft. It is owned by Deutsche Bank Trust in Texas and is
currently in foreclosure. As of 12/03 this structure is owned by Martin/ Jane Engle.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
11/20/03. A notice and order to repair was issued 12/3/03. On 1/8/04 the HBA
declared the structure substandard and dangerous. The case returned to the
HBA 12/02/04 to allow new owners time to respond, no one was present and
was declared substandard and dangerous.
OWNER CONTACT: On 1/13/04 a contact for the bank called the Inspection
office and stated the home is in foreclosure and they cannot do anything until
the redemption period is up, which is 6 months. He was faxed all copies of
previous notices. Mr. Engle contacted the Inspection Department in December
2004 stating he no longer owned the property he stated the property was taken
by the bank. He gave contact numbers for Saxon Mortgage formerly Deutsche
Bank. The Inspection Department contacted Saxon Mortgage who first said the
property was sold but the Inspection Department checked and no deed was
registered with said new owner. The title office was contacted that handled the
sale and they reported that the sale was cancelled. Saxon Mortgage was
contacted again who forwarded the Inspection Department to their foreclosure
attorney's office. The office of the foreclosure attorney Orlands Assoc., reported
that the foreclosure was never completed and that the property was still owned
by Mr. Engle. A memo was sent to Mr. Engle and Saxon Mortgage stating these
findings. There has been no owner contact since this time.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $18,100.
ESTIMATED COST TO REPAIR: $8,000 plus the cost of interior repairs.
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
            2. 1856 Continental
CASE# AND PROJECT ADDRESS: # EN-040047, 1856 Continental
LOCATION AND OWNERSHIP: This structure is located on Continental between E.
Holbrook Road and E. laketon Avenue and is owned by Phyllis Passenier.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
4/19/04 also an interior inspection was conducted 6/10/04. Mr. and Mrs.
Passenier were present for the HBA meeting. They stated they are in the process
of getting estimates for the repairs now that the insurance company declared
the house fixable. Bob Grabinski inquired on the construction that has been
done to the home without permits and Mr. Passenier stated the house was sold
on a land contract and the buyers did the work. A building permit for siding was
issued 6/12/04. The permit expired 12/9/04.
OWNER CONTACT: There has been no owner contact or inspections scheduled.
FINANCIAL IMPACT: General Fund
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $12,949
ESTIMATED COSTTO REPAIR: $30,000
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
            3, 341 Bauer- Area 11
CASE # AND PROJECT ADDRESS: # EN-040041, 341 Bauer
LOCATION AND OWNERSHIP: This structure is located on Bauer between Spring
Street and Pine Street and is owned by Muskegon Monument & Stone.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
4/30/04. No one was present to represent this case at the HBA 7/01/04 meeting.
Henry Faltinowski stated he spoke with John Allen at about 4:30 and he said he
would be at this meeting. A building permit to demolish was issued 7/16/04. The
site has not been cleared of demolition debris.
OWNER CONTACT: There has been no owner contact.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $1,696
ESTIMATED COST TO REPAIR: Building not salvageable
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
            4. 61 Ottawa
CASE# AND PROJECT ADDRESS: # EN-040059, 61 Ottawa
LOCATION AND OWNERSHIP: This structure is located on Ottawa between
Bayou and Marquette and is owned by Abonmarche Developers, P.O. Box 1088,
Benton Harbor, Ml 49023.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
5/25/04. It is a commercial building that has been vacant for some time.
OWNER CONTACT: A fax was received the day of the HBA meeting asking for 6
months to allow them time to sell the structure. There has been no owner
contact since that time.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $99,900
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION:          To concur with the Housing Board of Appeals
decision to demolish.
            5. 1309 Sixth - Area 10
CASE# AND PROJECT ADDRESS: #EN-040067, 1309 Sixth Street.
LOCATION AND OWNERSHIP: This structure is located on Sixth Street between
Monroe Street and Merrill Street and is owned by Yvette Ikens.
STAFF CORRESPONDENCE: This house was inspected by the trade inspectors
3/23/04 after the housing inspector realized it had never been removed from the
dangerous building list since December 2002. At the time of the inspection, the
house was owned by Brian VanFarowe who owns other rental properties in
Muskegon. There has been no contact from him or his property manager, Alex
Fortenberry, since the inspection and in July the house was open. Upon
contacting Mr. Fortenberry about the missing door, it was discovered that Yvette
!kens had purchased the property on a Land Contract. The city had the
structure boarded 7/9/04.
OWNER CONTACT: There has been no owner contact.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $14,600
ESTIMATED COST TO REPAIR: $25,000
STAFF RECOMMENDATION:          To concur with the Housing Board of Appeals
decision to demolish.
            6. 235 W. Forest
CASE# AND PROJECT ADDRESS: #EN-040034, 235 W. Forest
LOCATION AND OWNERSHIP: This structure is located on Forest Street between
Fifth Street and Sixth Street and is owned by Louis Pimpleton.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
3/12/04. No one was present to represent this case at the HBA meeting. It was
found open and vandalized by officers in March.
OWNER CONTACT: There has been no owner contact.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $18,500
ESTIMATED COST TO REPAIR: $10,000 exterior only.
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish all six structures.
ROLL VOTE: Ayes: Warmington, Carter, Gawron, Larson, Shepherd, and Spataro
             Nays: Davis
MOTION PASSES
     F. Appointment of Brickley Delong as the City's Independent Auditor.
        FINANCE
Motion by Vice Mayor Larson, second by Commissioner Spataro to appoint
Brickley Delong as the City's auditor.
ROLL VOTE:    Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
              Warmington
              Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:33 p.m.


                                         Respectfully submitted,




                                          ~o_L~
                                         Gail A. Kundinger, MMC
                                         City Clerk.
      Commission Meeting Date:         January 25, 2005




Date:      January 19, 2005
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Contract for Excavation for Walton Street Project


SUMMARY OF REQUEST: To approve for Community and
Neighborhood Services to execute a contract with Watts Trucking and
Excavating 1872 Austin, Muskegon. Watts has the lowest bid, which
was $13,500.

The CNS department received three other bids from Accurate
Excavators 4040 Central Rd, Muskegon - $17,950; Eastside Excavators
5555 Miller, Muskegon - $30,000; and McCormick Sand Inc 995 S.
162"d, Shelby- $35,000.

FINANCIAL IMPACT: The funding will be allocated from the City's 2003
HOME entitlement.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the request

COMMITIEE RECOMMENDATION: The Land Reutilization Committee
and the City Commission approved the Walton St. project.
                              Bid Proposal

Excavator will be responsible for excavating of the three parcels at 243 Walton
and 265 Walton. The 3 parcels will be 80' x 140' and the depth of 60". See
the attached diagram for additional details. Excavator should include in his or
her bid the removal of dht, all aaek tillillg and all other necessary components
to complete this project in a quality manner.
                Accurata Excavators
                    4MO Central Rd.
                Muskegon. Ml 49445-9567
Bidder               231 780-2097


Details of Activities   ?l~t>..!.ll.-     Se.e- olt~             l~opo5~J




Total Cost
                                   Bid Proposal

Excavator will be responsible for excavating of the three parcels at 243 Walton
and 265 Walton. The 3 parcels will be 80' x 140' and the depth of 60". See
the attached diagram for additional details. Excavator should include in his or
her bid the removal of dirt, all back filling and all other necessary components
to complete this project in a quality manner.




Details of Activities

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                                     Bid Proposal

    Excavator will be responsible for excavating of the three parcels at 243 Walton
    and 265 Walton. The 3 parcels wili be 80' x 140' and the         d~pth   of 60". See
    the attached diagram for additional details. Exca\'ator should include in his or
    h{~r   bid the removal of dirt, ali back filling ltnd all other necessary components
    to complete this projcet in a quality manner.




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                             Bid Proposal

Excavator will be responsible for excavating of the three parcels at 243 Walton
and 265 Walton. The 3 parcels will be 80' x 140' and the depth of 60". See
the attached diagram for additional details. Excavator should include in his or
her bid the removal of dirt, all back filling and all other necessary components
to complete this project in a quality manner.



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Details of Activities

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                          AFFIDAVIT OF MAILING


    STATE OF MICHIGAN     )
                          ) ss
    COUNTY OF MUSKEGON )

    TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                      Southern Ave. Sixth St. to Seaway Dr.

    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 14TH DA YZ      UAR:· 2005 .
                                                 . Q_         ~


    SUBSCRIBED AND SWORN TO BEFORE ME THIS
     dt{rA DAY OF Jao u a C/         , 2005.
     ~~. U&
    NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
    MY COMMISSION EXPIRES    7-??..s-- cJ~
                                   CITY OF MUSKEGON
                               NOTICE OF PUBLIC HEARINGS
                             SPECIAL ASSESSMENT DISTRICTS

IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City
Commission is proposing that a special assessment district be created for the following project:

                     SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.

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


             All parcels abutting Southern Ave. from Sixth St. to Seaway Dr.


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

PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON
CITY COMMISSION CHAMBERS ON JANUARY 25, 2005AT 5:30 O'CLOCK P.M

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

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


PUBLISH:       January 15, 2005                              Gail Kundinger, City Clerk

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


                                 Gail A. Kundinger, City Clerk
                            933 Tenace Street, Muskegon, MI 49440
                            (231) 724-6 705 or roo (231) 724-6773
                           ENGINEERING FEASIBILITY STUDY

                                               For

                              Southern Ave., Sixth to Seaway Dr.

The reconstruction of Southern between Sixth & Seaway, see attached exhibit for location, was
initiated by the City and approved for over $350,000 of federal funds due to the conditions of the
pavement and drainage facilities as well as it's designation as a collector street. The existing
pavement has deteriorated to a level where, we believe, a total reconstruction is necessary. This
section of road has not had, to the best of our records, any major work since the 1991 when it
was resurfaced and has an average Pavement Condition Index of around 45. The proposed
improvements (reconstruction) consist of following;

I. Complete removal of existing pavement and replace with a new asphalt street section that
   would include curb.& gutter and a proposed width of 34' back to back.
2. Spot repairs on the existing sanitary sewer main
3. Water & Sanitary Services replacement where necessary

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

The preliminary cost estimate for the work associated with paving is $550,000 with the length of
the project being approximately 2300 lineal feet (project length) or 2822.28'ofassessable
footage. This translates into an estimated improvement cost of $195 per assessable foot. The
assessment figure will be at a cost not to exceed $32.00 per assessable foot as established in the
2005 Special Assessment Rates for this type of improvement
                                    MUSKEGON COUNTY
                                    M                  c           H         G         A         N


        BOARD OF
   COMMISSIONERS

  Paul T. Baade, Chair
            District10

    Bill Gill, Vice-Chair
                 District 8                                                             January 12, 2005
   Douglas A. Bennett         Mohammed AI-Shatel, City Engineer
             District?        City of Muskegon
                              933 Terrace Street
    Charles L. Buzzell
             District 2
                              Muskegon, Ml49443
                              Mr. AI-Shatel:
  James J. Derezinski
            District 4           In accordance with your request, I have examined the proposed special
       Marvin R. Engle        assessment district entailing the reconstruction of Southern Avenue between Sixth
              District 5      Street and Seaway Drive. The purpose of this analysis is to document the
                              reasonableness of this special assessment district by identifYing and quantifYing any
    Louis A. McMurray
              District9       accrued benefits. It is subject to the normal governmental restrictions of escheat,
                              taxation, police power and eminent domain. The effective date is January 12,
        Robert Scolnik        2005.
            District11
                                 In conclusion, it is my opinion that the special assessment amounts justly and
        I. John Snider II
                              reasonably represents the accrued benefits to the properties encompassed by this
               District3
                              project.   The amounts reflect the sum of the immediate estimated value
      Nancy A. Waters         enhancement and the intrinsic value that will accrue from an overall increase in
             District 6       property values due to an improved quality of life created by the proposed project.
Stephen R. Wisniewski         As previously presented, the proposed special assessment district encompasses
             District 1       primarily residential properties.      The front foot rate of $32.00 for the
                              reconstruction of the above mentioned project area appears reasonable in light of
                              an analysis that indicates a possible enhancement of $34.43. The conclusions are
                              based upon the data presented within this limited analysis in restricted format, and
                              on supporting information in my files.


                              Sincerely,
                                           ()     ,,
                                         L( ' Ci\l\£ AAJ_   :'Fj


                              Vicki A. Emery, CMAE 3 U
                              Sr Appraiser


                  EQUALIZATION DEPARTMENT •            173 [. AF'I"LE: AVf.C, BUILDING C     •   MUSI<:EC;ON, Ml 49442
                                                (231) 72~ -6386 • F'AX (23 i) 724· i i 29
                                             nY {231) 722-4103 • An EEOI ADA I AA Employer
January 14, 2005




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE                     1

The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.

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

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

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

A public hearing is also scheduled for this project on JANUARY 25, 2005. If you attend this
public hearing you will be given an opportunity to make comments on the proposed special
assessment district to the commission.

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

Thank you for your participation in improving the quality of life in the Muskegon community.
January 14, 2005




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1


Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET

                  NOTICE OF HEARING ON SPECIAL ASSESSMENT

Dear Property Owner:

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

                 SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
The proposed special assessment district will be located as follows:

           All parcels abutting Southern Ave. from Sixth St. to Seaway Dr.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.

                                     Public Hearings

An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on JANUARY 25, 2005 at
5:30 P.M. You are encouraged to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the proposed
special assessment. We are enclosing a Hearing Response Card for you to indicate
your agreement or opposition to the special assessment. This card includes the
property identification and description, assessable footage per City policy, and the
estimated cost of the assessment. You may also appear, as above, in lieu of, or in
addition to mailing your response card to the City Clerk. Written objections or
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.

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

                                   Estimated Costs

The total estimated cost of the street portion of the project is $550,000.00 of which
approximately 16.57% ($91, 112.96) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.

The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (1 0) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.

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

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

Sincerely,




Mohammed AI-Shatel, P.E.
City Engineer
                     Special Assessment Payment Options

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

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

       Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the
       amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
       described below.

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

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                         CITY OF MUSKEGON
                            SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.- H-1587
                         CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT

                             ·.
                                                    HOUSEHOLD INFORMATION

Name:                                                               Birthdate:                      Social Security # _ _-_ _-_ _
Spouse:                                                             Birthdate:                 ·--- Social Security # _ _-_ _-_ _
Address:                                                    Phone:                                        Race:
Parcel#                                                                  Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infom1ation)
Number Living in Household:                          List infonnation for household members besides owner/spouse here.
Name                                                                Birth date                        Social Security # _ _-_ _-_ _
Name                                                                Birthdate                         Social Security # _ _-_ _-_ _
Name                                                                Birthdate                         Social Security# _ _-_ _-_ _
Name                                                                Birth date                        Social Security #   -        -
                                                                                                                      .

                                                           INCOME INFORMATION

ANNUAL Household Income:                                        $                  Wage earner:
(Must include all household income)
                                                                                   \\'age earner:

                                                                                   Wage earner:

                                                                                   Wage earner:

                                                 Total:     $
   .
                                                          PROPERTY INFORMATION

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

Homeowner's Insurance Co:                                                          Expiration Date:

Property Taxes: ( ) Current          ( ) Delinquent             Year(s) Due
{Propc11y taxes must be current to qualify and will be verified by CDBG staff)
                                        ·.                                                                        .           .·


                                                           OWNER'S SIGNATURE

Owner's Signature:                                                                             Date:
By signing this application, the applicant verifies he/she owns and occnpics the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
          .                                  .             FOR OFFICE USE ONLY
APPROVED ( )           DENIED ( )            DATE                        CENSUS TRACT NO.

SIGNATURE                                                                TITLE

COMMENTS/REMARKS
                                            **ATTENTION APPLICANT**
       Please sec reverse side for instructions on providing proof of income, ownership, and property insurance.
                                    SPECIAL ASSESSMENT
                               HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                     Return This Card By: JANUARY 25, 2005
    Project Title:          SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
    Project Description: RECONSTRUCTION & UTILITIES

   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                             PROPERTY ADDRESS & STREET
    Parcel Number                                 24-XXX-XXX-XXXX-XX
    Assessable Frontage:                          $243.68    Feet

   Estimated Front Foot Cost:                     $32.00     per Foot

   ESTIMATED TOTAL COST                          $7,797.76
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT 1903
   LOTS 1 THRU 9 AND &
   VAC ALLEY ABUTTING SAID LOTS BLK 415
   ALSO LOT 15 BLK 416
   EXC PART USED FOR R R PURPOSES BLK 416

                                            Your vote COUNTS!

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


          I AM IN FAVOR    D                                         I AM OPPOSED   D
Owner                                           CoOwner/Spouse

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

        Thank you for taking the time to vote on this important issue.
                      SPECIAL ASSESSMENT                                      H 1587
     RECONSTRUCTION & UTILITIES     HEARING DATE         JANUARY 25, 2005

             SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
 1                  LORENZ ELDON L TRUST           ASSESSABLE FEET:                243.68
 24-205-415-0001-00 600 W SOUTHERN AVE             COST PER FOOT:                  $32.00
 @ 590.0 W SOUTHERN MUSKEGON      Ml 49441         ESTIMATED P.O. COST:   I     $7,797.76 1




 2                   CITY OF MUSKEGON              ASSESSABLE FEET:                 57.75
 24-205-416-0014-00  933 TERRACE ST PO BOX 536     COST PER FOOT:                  $32.00
 @ 579.0 W GRAND AVE MUSKEGON       Ml 49443-053   ESTIMATED P.O. COST:   I     $1 ,a4a.oo    1




 3                     LANGE ROBERT A              ASSESSABLE FEET:                125.75
( 24-205-416-0008-00   615 W DALE AVE              COST PER FOOT:                  $32.00
  @ 552.0 W SOUTHERN   MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I     $4.o24.oo 1




 4                     LANGE PROPERTIES LLC        ASSESSABLE FEET:                     75
 24-205-416-0010-00    PO BOX 719                  COST PER FOOT:                  $32.00
 @ 1541.     8TH ST    MUSKEGON     Ml 49443       ESTIMATED P.O. COST:   I     $2,4oo.oo 1




 5                     BEASLEY LOLA                ASSESSABLE FEET:                    37.5
 24-205-417-0010-00    428 CATAWBA AVE             COST PER FOOT:                  $32.00
 @ 488.0 W SOUTHERN    MUSKEGON      Ml 49442      ESTIMATED P.O. COST:   I     $1 .2oo.oo    1




 6                     MAJOR CHERYL K              ASSESSABLE FEET:                     75
 24-205-417-0010-10    476 W SOUTHERN AVE          COST PER FOOT:                  $32.00
 @ 476.0 W SOUTHERN    MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I     $2,4oo.oo     1




 7                     WHEELER ABRAHAM             ASSESSABLE FEET:                     50
 24-205-417-0009-00    412 W SOUTHERN AVE          COST PER FOOT:                  $32.00
 @ 466.0 W SOUTHERN    MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I     $1 ,6oo.oo 1




 1/14/2005                                                                      Page 1 of 7
    RECONSTRUCTION & UTILITIES    HEARING DATE         JANUARY 25, 2005

            SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
8                     WHEELER ABRAHAM            ASSESSABLE FEET:                  50
24-205-417-0008-00    458 W SOUTHERN AVE         COST PER FOOT:                $32.00
@ 458.0 W SOUTHERN    MUSKEGON      Ml 49441     ESTIMATED P.O. COST:   I   $1,6oo.oo     1




9                     WALKER GERTHA              ASSESSABLE FEET:                  50
24-205-417-0007-00    450 W SOUTHERN AVE         COST PER FOOT:                $32.00
@ 450.0 W SOUTHERN    MUSKEGON      Ml 49441     ESTIMATED P.O. COST:   I   $1.6oo.oo     1




10                    WESTPHAL JERRY A           ASSESSABLE FEET:                  50
24-205-417-0006-00    PO BOX 5102                COST PER FOOT:                $32.00
@ 1543.     PARK ST   MUSKEGON     Ml 49445      ESTIMATED P.O. COST:   I   $1.6oo.oo     1




11                    WHEELER ABRAHAM            ASSESSABLE FEET:                54.8
24-205-418-0007-00    458 W SOUTHERN AVE         COST PER FOOT:                $32.00
@ 412.0 W SOUTHERN    MUSKEGON      Ml 49441     ESTIMATED P.O. COST:   I   $1,753.60     1




12                    WHEELER ABRAHAM            ASSESSABLE FEET:                  56
24-205-418-0007-10    412 W SOUTHERN AVE         COST PER FOOT:                $32.00
@ 402.0 W SOUTHERN    MUSKEGON      Ml 49441     ESTIMATED P.O. COST:   I   $1,792.oo 1




13                    NORWOOD KERRY L            ASSESSABLE FEET:                55.3
24-205-418-0008-00    2152 HUNTERS PARK WEST     COST PER FOOT:                $32.00
@ 394.0 W SOUTHERN    SAINT CLAIR   Ml 48079     ESTIMATED P.O. COST:   I   $1.769.6o     1




14                    WHEELER ABRAHAM            ASSESSABLE FEET:                  55
24-205-418-0008-1 0   412 W SOUTHERN AVE         COST PER FOOT:                $32.00
@ 384.0 W SOUTHERN    MUSKEGON      Ml 49441     ESTIMATED P.O. COST:   I   $1.76o.oo     1




1/14/2005                                                                   Page 2 of 7
   RECONSTRUCTION & UTILITIES     HEARING DATE           JANUARY 25, 2005

            SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
15                   CITY OF MUSKEGON              ASSESSABLE FEET:                       5.3
24-205-418-0008-20   933 TERRACE ST                COST PER FOOT:                $32.00
@ 372.0 W SOUTHERN   MUSKEGON       Ml 49443       ESTIMATED P.O. COST:        $;__1_69_._60_,1
                                                                          L l_ _




16                 VAZQUEZ CARLOS                  ASSESSABLE FEET:                        50
24-205-418-0008-30 15136 OAKLAND                   COST PER FOOT:                $32.00
@ 374.0 W SOUTHERN SPRING LAKE   Ml 49456          ESTIMATED P.O. COST:   I   $1,6oo.oo 1




17                   STATE OF MICHIGAN             ASSESSABLE FEET:                          0
24-205-419-0007-00   PO BOX 30735                  COST PER FOOT:                  $32.00
@ 1542.     7TH ST   LANSING        Ml 48909-823   ESTIMATED P.O. COST:   L l_ _    ..;...$0_.0_0_,1




18                   DAVIS DORIS                   ASSESSABLE FEET:                    56.6
24-205-419-0007-10   1715 GLENVALE CT SW           COST PER FOOT:                $32.00
@ 340.0 W SOUTHERN   WYOMING        Ml 49519       ESTIMATED P.O. COST:   I   $1,811.20 1




19                   BIGLER MARVIN F TRUST         ASSESSABLE FEET:                        47
24-205-419-0008-00   918 BARAGA ST NE              COST PER FOOT:                $32.00
@ 328.0 W SOUTHERN   GRAND RAPIDS Ml 49503         ESTIMATED P.O. COST:   I   $1,5o4.oo 1




20                   CREWS JACQUELINE ET AL        ASSESSABLE FEET:                        47
24-205-419-0009-00   3528 MOHAWK DR                COST PER FOOT:                $32.00
@ 322.0 w SOUTHERN   MUSKEGON     Ml 49441-421     ESTIMATED P.O. COST:   I   $1,5o4.oo 1




21                   DEUTSCHE BANK NATIONAL TR ASSESSABLE FEET:                            47
24-205-419-0010-00   19900 PLUMMER ST # N180104    COST PER FOOT:                $32.00
@ 314.0 w SOUTHERN   CHATSWORTH CA 91311-554       ESTIMATED P.O. COST:   I   $1,5o4.oo 1




1/14/2005                                                                     Page 3 of 7
   RECONSTRUCTION & UTILITIES     HEARING DATE           JANUARY 25, 2005

            SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
22                   WOLDRING CHRISTINE F          ASSESSABLE FEET:                  47
24-205-419-0011-00   3121 MEYERS DR                COST PER FOOT:                $32.00
@ 306.0 W SOUTHERN   MUSKEGON       Ml 49442       ESTIMATED P.O. COST:   I   $1 ,5o4.oo    1




23                   BASCH JEFF                    ASSESSABLE FEET:                68.8
24-205-419-0012-00   3703 TAYLOR ST                COST PER FOOT:                $32.00
@ 1541.    6TH ST    MUSKEGON       Ml 49444       ESTIMATED P.O. COST:   I   $2.2o1.6o     1




24                   S & R KADO LLC                ASSESSABLE FEET:                 132
24-205-432-0001-00   631 W SOUTHERN AVE            COST PER FOOT:                $32.00
@ 631.0 W SOUTHERN   MUSKEGON       Ml 49441       ESTIMATED P.O. COST:   I   $4,224.oo     1




25                    SEAWAY STORAGE LLC           ASSESSABLE FEET:                100
24-205-432-0014-00    PO BOX 719                   COST PER FOOT:                $32.00
@ 1573.     MESSLER S MUSKEGON     Ml 49443        ESTIMATED P.O. COST:   I   $3,2oo.oo 1




26                    SEAWAY STORAGE LLC           ASSESSABLE FEET:             173.95
24-205-431-0007-00    PO BOX 719                   COST PER FOOT:                $32.00
@ 1600.     MESSLER S MUSKEGON     Ml 49443        ESTIMATED P.O. COST:   I   $5,566.4o 1




27                   CITY OF MUSKEGON              ASSESSABLE FEET:             119.05
24-205-431-0006-00   933 TERRACE ST PO BOX 536     COST PER FOOT:                $32.00
@ 561.0 w SOUTHERN   MUSKEGON       Ml 49443-053   ESTIMATED P.O. COST:   I   $3,809.60 1




28                   SPEC DEVELOPMENT LLC          ASSESSABLE FEET:               109.5
24-205-431-0003-00   11041VANHOE DR                COST PER FOOT:                $32.00
@ 543.0 W SOUTHERN   MUSKEGON      Ml 49445        ESTIMATED P.O. COST:   I   $3,5o4.oo     1




1/14/2005                                                                     Page 4 of 7
   RECONSTRUCTION & UTILITIES     HEARING DATE          JANUARY 25, 2005

            SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
29                   MESCALL JULIE NBAYNE BRET ASSESSABLE FEET:                      75
24-205-431-0002-10   515 SOUTHERN AVE            COST PER FOOT:                 $32.00
@ 515.0 W SOUTHERN   MUSKEGON      Ml 49441      ESTIMATED P.O. COST:    I    $2,4oo.oo 1




30                   BOGNER LAWRENCE F           ASSESSABLE FEET:                    50
24-205-431-0001-00   509 W SOUTHERN AVE          COST PER FOOT:                  $32.00
@ 509.0 W SOUTHERN   MUSKEGON      Ml 49441      ESTIMATED P.O. COST:    I    $1 ,6oo.oo 1




31                   CITY OF MUSKEGON            ASSESSABLE FEET:                 101.5
24-205-430-0004-00   933 TERRACE ST              COST PER FOOT:                  $32.00
@ 487.0 W SOUTHERN   MUSKEGON       Ml 49443     ESTIMATED P.O. COST:    I    $3,248.oo 1




32                   LEE LINWOOD E II            ASSESSABLE FEET:                  48.5
24-205-430-0003-00   19065 ELIZABETH CT          COST PER FOOT:                  $32.00
@ 475.0 W SOUTHERN   SPRING LAKE    Ml 49456     ESTIMATED P.O. COST:    I    $1 ,5s2.oo 1




33                   STATE OF MICHIGAN           ASSESSABLE FEET:                     0
24-205-430-0002-00   430 W ALLEGAN 1ST FLOOR     COST PER FOOT:                 $32.00
@ 469.0 W SOUTHERN   LANSING        Ml 48922     ESTIMATED P.O. COST: Ll---'-$0_.0_0_,1




34                   HULBERT KATHERINE Z         ASSESSABLE FEET:                    25
24-205-430-0002-10   465 W SOUTHERN AVE          COST PER FOOT:                 $32.00
@ 465.0 W SOUTHERN   MUSKEGON      Ml 49441      ESTIMATED P.o. cosT: l'--_$_8_oo_.o_o_,l




35                   MINTON DIMPLE               ASSESSABLE FEET:                   44
24-205-430-0001-00   457 W SOUTHERN AVE          COST PER FOOT:                  $32.00
@ 457.0 W SOUTHERN   MUSKEGON      Ml 49441      ESTIMATED P.O. COST:    I    $1 ,4o8.oo 1




1/14/2005                                                                     Page 5 of 7
   RECONSTRUCTION & UTILITIES      HEARING DATE         JANUARY 25, 2005

            SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
36                 SCHWARTZ ROBBY P/KATHLEN ASSESSABLE FEET:                              45
24-205-430-0001-10 12891 OAK CREST LN       COST PER FOOT:                       $32.00
@ 447.0 W SOUTHERN GRAND HAVEN Ml 49417     ESTIMATED P.O. COST:         I    $1 ,44o.oo 1




37                    MUSKEGON PUBLIC SCHOOLS     ASSESSABLE FEET:                          0
24-205-429-0001-00    CRAIG SCHOOL                COST PER FOOT:                   $32.00
@ 1580.     PARK ST                               ESTIMATED P.o. cosT:   IL..__   __c..$o_.o_o_,l




38                 KLINGEL RHONDA            ASSESSABLE FEET:                            45
24-205-428-0001-00 PO BOX 252                COST PER FOOT:                      $32.00
@ 353.0 W SOUTHERN FRUITPORT    Ml 49415-025 ESTIMATED P.O. COST:        I    $1,44o.oo 1




39                 KAMP ROGER A SR                ASSESSABLE FEET:                    47.5
24-205-428-0001-10 517 LIVINGSTON AVE NE          COST PER FOOT:                 $32.00
@ 347.0 W SOUTHERN GRAND RAPIDS Ml 49503          ESTIMATED P.O. COST:   I    $1 ,52o.oo 1




40                 BAILEY LYN D/MARSHA            ASSESSABLE FEET:                       45
24-205-428-0001-20 339 W SOUTHERN AVE             COST PER FOOT:                 $32.00
@ 339.0 W SOUTHERN MUSKEGON       Ml 49441        ESTIMATED P.O. COST:   I    $1 ,44o.oo 1




41                 DOREMIRE ROBERT/DEBRA          ASSESSABLE FEET:                       47
24-205-428-0022-00 3848 W TOWERING OAKS CIR       COST PER FOOT:                 $32.00
@ 329.0 W SOUTHERN MUSKEGON      Ml 49442         ESTIMATED P.O. COST:   I    $1 ,5o4.oo 1




42                    LINSTROM KATHLEEN           ASSESSABLE FEET:                       47
24-205-428-0021-00    323 W SOUTHERN AVE          COST PER FOOT:                 $32.00
@ 323.0 W SOUTHERN    MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I    $1 ,5o4.oo 1




1/14/2005                                                                     Page 6 of 7
     RECONSTRUCTION & UTILITIES         HEARING DATE         JANUARY 25, 2005

            SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
43                         KENDALL BETTY A ET AL       ASSESSABLE FEET:                   47
24-205-428-0020-00         315 W SOUTHERN AVE          COST PER FOOT:                 $32.00
@ 315.0 W SOUTHERN         MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I    $1,5o4.oo     1




44                         LANGLOIS JAMES A/PATRICIA A ASSESSABLE FEET:                   47
24-205-428-0019-00         2976 ROOSEVELT RD           COST PER FOOT:                 $32.00
@ 307.0 W SOUTHERN         MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I    $1 ,5o4.oo    1




45                         MCCLAIN JODIE M             ASSESSABLE FEET:                 68.8
24-205-428-0018-00         1561 6TH ST                 COST PER FOOT:                 $32.00
@ 1561.    6TH ST          MUSKEGON      Ml 49441      ESTIMATED P.O. COST:   I    $2,201.60     1




SUM OF ASSESSABLE FOOTAGE:           2822.28   SUM OF ESTIMATED P.O. COST:        $90,312.96     I
TOTAL NUMBER OF ASSESSABLE PARCELS




1/14/2005                                                                          Page 7 of 7
                                          SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                      Return This Card By: JANUARY 25, 2005
    Project Title:            SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
    Project Description: RECONSTRUCTION & UTILITIES

    INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                             543 W SOUTHERN AVE
    Parcel Number                                 24-205-431-0003-00
    Assessable Frontage:                          $109.50     Feet

   Estimated Front Foot Cost:                     $32.00      per Foot
                                                                                                  - --l
   ESTIMATED TOTAL COST                           $3,504.00                                          .   \
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   LOTS 3-5 BLK 431

   ALSO
   LOT 2 BLK 431 EXC THAT PART DESC AS:

                                            Your vote COUNTS!

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

         I AM IN FAVOR       D                                       I AM OPPOSED   ~
Owner

Signature



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

                      Return This Card By: JANUARY 25, 2005
    Project Title:              SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
    Project Description: RECONSTRUCTION & UTILITIES

    INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simpiy foid on ihe do tied iines so ihe address on ihe 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:                           328 W SOUTHERN AVE
    Parcel Number                               24-205-419-0008-00
    Assessable Frontage:                        $47.00     Feet

    Estimated Front Foot Cost:                  $32.00     per Foot
                                                                                 1
   ESTIMATED TOTAL COST                        $1,504.00                       •11'"iJ' ..I d,.   I


   Property Description                                                      City Clerk:J         m1 ~.· >.··      1


   CITY OF MUSKEGON
                                                                                                        ••.
                                                                                                                   J
   REVISED PLAT OF 1903
   LOT 8 BLK 419




                                         Your vote COUi\jTSi

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

          I AM IN FAVOR     D                                      I AM OPPOSED         [32]
Owner       MAJi.VIN t..._ BIGLER            CoOwner/Spouse

Signature                                           Signature
                                                                  -----------------------
            )\\11·.·.. •'   l     /( . / '
                                     {

Address     918 BARAGA ST. NE I                     Address
            GRAND RAPIDS, MI 49503-1803
                                                                                                              19
        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: JANUARY 25, 2005
     Project Title:                    SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
     Project Description: RECONSTRUCTION & UTILITIES

     INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
     Property Address:                                         465 W SOUTHERN AVE
     Parcel Number                                             24-205-430-0002-10     RECEIVED
     Assessable Frontage:                                      $25.00    Feet
                                                                                      JAN 1 g 2nn5
    Estimated Front Foot Cost:                                 $32.00    per Foot
                                                                                    City Clerks Office
    ESTIMATED TOTAL COST                                       $800.00
    Property Description
    CITY OF MUSKEGON
    REVISED PLAT OF 1903
    E 1/2 LOT 2 BLK 430




                                                    Your vote C

     Please vote either in favor or opposed to thr

          I AM IN         FAVOR'~
Owner         :·:;;/0      J:l<-..r   1-l u_iJ.LI<'j·)rcoo
S ,g       114 ·u·
  . na tu r e ) cL \..( --Jn\
                      \
                                              or, - -1--
                                         u...J.!...Vc:h,.;J

Address       i.../   ~o ~5 uU    6uvc. ikeeo,       v\.. ..

        Thank you for taking the time to vote or
                                       SPECIAL ASSESSMENT
                                  HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                          Return This Card By: JANUARY 25, 2005
    Project Title:               SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
    Project Description: RECONSTRUCTION & UTILITIES

    INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                               306 W SOUTHERN AVE
    Parcel Number                                   24-205-419-0011-00
    Assessable Frontage:                            $47.00     Feet

   Estimated Front Foot Cost:                       $32.00     per Foot

   ESTIMATED TOTAL COST                            $1,504.00                            RECEIVED
                                                                                     CITY OF MUSKEGON
   Property Description
   CITY OF MUSKEGON
                                                                                L      JAN 2 5 2005
   REVISED PLAT OF 1903
   LOT 11 BLK 419
                                                                                ENGINEERING DEPARTMENT



                                            Your vote COUNTS!

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

          I AM IN FAVOR
                     /'
                              D                                       I AM OPPOSED    (Z]
Owner       (~ {<-<--i
                 7
                           [,_~j}Z.<'.. CoOwner/Spouse
                            vL


Signature    (-!__,1.A.•"-~'- \ )):>\;J\~-...<(______        Address

        Thank you for taking the time to vote on this important issue .                      25

             \
                                     •~'&e_'::o s~c~\0'& -\o \(i\L\
                 .


_L~) \""-\                QlL~
~:~                  \oi\cl \U\?~0~~                                                                 \
                                     SPECIAL ASSESSMENT
                               HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                     Return This Card By: JANUARY 25, 2005
    Project Title:           SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
    Project Description: RECONSTRUCTION & UTILITIES

    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
    Assessment Information
    Property Address:                               1600 MESSLER ST
    Parcel Number                                   24-205-431-0007-00
    Assessable Frontage:                            $173.95     Feet             FL> ·
    Estimated Front Foot Cost:                      $32.00      per Foot          l;'\>1 ) .,
    ESTIMATED TOTAL COST                            $5,566.40                          '-' . _. .
                                                                                  ., r'l
                                                                               C.~:,.v              :',_I

    Property Description
   .CITY OF MUSKEGON
    REVISED PLAT OF 1903
   LOT 7 BLK 431 DESC AS
   COM@ INT OF NLY ROW LN FOREST AVE &
   WLY ROW LN PENNSYLVANIA RR
   TH N 890 58M W 194.10 FT TO ELY ROW WAGNER AVE

                                          Your vote COUNTS!

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

          I AM IN FAVOR
            Cni\1'\IC \:
                            D        ~
                                 i\.Q_
                                                                        I AM OPPOSED        ~
Owner                                           CoOwner/Spouse

Signature                                               Signature
                                                                       ---------------------
            ~~~~~~~~~~

Address                                                 Address

        Thank you for taking the time to vote on this important issue.                                      26
                                   SPECIAL ASSESSMENT
                               HEARING RESPONSE CARD
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                      Return This Card By: JANUARY 25, 2005
    Project Title:           SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
    Project Description: RECONSTRUCTION & UTILITIES

   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the doiied lines so the address on ihe 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:                          1561 6TH ST
   Parcel Number                               24-205-428-0018-00
   Assessable Frontage:                        $68.80      Feet
                                                                            -Rl:'r:J 1:: r\i: ·        1
                                                                                                       '


   Estimated Front Foot Cost:                  $32.00      per Foot

   ESTIMATED TOTAL COST                        $2,201.60                   City Clerks O!

   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   LOT 18 BLK 428




                                      Your vote COUNTS!

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

          I AM IN FAVOR     D                                      I AM OPPOSED      IRJ
                                           CoOwner/Spouse
            ~~~~~~~~--
                                                   Signature
                                                                  ---------------------
                                   JA11~
Address      Vb'&J- ( 9-t   ·Sf.           1       Address
                                                                                                  45
        Thank you for taking the tim;£ :te 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: JANUARY 25, 2005
    Project Title:          SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.
    Project Description: RECONSTRUCTION & UTILITIES

    INSTRUCTIONS
    If you wish to have your written vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
    YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
    PROJECT.
   Assessment Information
    Property Address:                          315 W SOUTHERN AVE
    Parcel Number                              24-205-428-0020-00
    Assessable Frontage:                       $47.00     Feet                                     l
   Estimated Front Foot Cost:                  $32.00     per Foot

   ESTIMATED TOTAL COST                       $1,504.00
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT 1903
   LOT 20 BLK 428




                                       Your vote COUNTS!

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

          I AM IN FAVOR    D                                      I AM OPPOSED


Owner

Signature

Address

        Thank you for taking the time to vote on this important issue.                        43
                                                                       H-1587 ·SOUTHERN AVE., SIXTH ST. TO SEAWAY DR.

                                                              PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION




                                          FEET            PERCENTAGE                                                   TOTAL NUMBER OF PARCELS· 43
                                                                                                   FOR                                                               OPPOSE
                                                                         LETTER#   ST#     STNAME             PARCEL#           FEET     LETTER#    ST#        ST NAME         PARCEL#          FEET

TOTAL ASSESSABLE FRONT FOOTAGE              2822.28 ...                     34     465   W. SOUTHERN     24-205-430-0002-10     25.00        25    1573        MESSLER     24-205-432-0014-00   100.00
                                                                            43     315   W. SOUTHERN     24-205-428-002()..00   47.00        26    1600        MESSLER     24-205-431-0007-00   173.95
FRONT FEET OPPOSED                           640.25         22.69%                                                                           45    1561        SIXTH ST.   24-205-428-0018-00   68.80
                                                                                                                                             22     306   W. SOUTHERN      24-205-419-0011-00   47.00
RESPONDING FRONT FEET IN FAVOR                72.00         2.55%                                                                            20     322   W. SOUTHERN      24-205-419-0009-00   47.00
                                                                                                                                             42     323   W. SOUTHERN      24-205-428-0021-00   47.00
NOT RESPONDING- FRONT FEET IN FAVOR         2110.03         74.76%                                                                           19     328   W. SOUTHERN      24-205-419-0008-00   47.00
                                                                                                                                             28     543   W. SOUTHERN      24-205-431-0003-00   109.50
TOTAL FRONT FEET IN FAVOR                   2182.03         77.31%




                                                                          TOTALS                                                72.00                                                           640.25




                        TABULATED AS OP12:17 PM



                                                                                                                                11261200512:17 PMTABULATION OF THE RESPONSES TO THE SP ASS HEARING ON SOUTHERNAVE
TO:            Mayor and City Commission

FROM:          Gail A. Kundinger, City Clerk

DATE:          January 19, 2005

RE:            Agreements with Orchard View School District and Reeths-Puffer School
               District.


At your January 25'11 City Commission meeting I have placed on the agenda a request for
approval of an agreement with the Muskegon Public School District to conduct their
school elections.

Residents in our city also are in Orchard View School District (approximately 50 voters)
and Reeths-Puffer School District (only 3 voters), and as required by Election
Consolidation law I am required to sign the agreements for these school districts also.
The elections for Orchard View will be run by Muskegon Township Clerk and Reeths-
Puffer will be run by Fruitland Township Clerk. We will not be required to do anything
for these school districts.

I am requesting that you give me the authority to sign both additional agreements after
the city attorney has reviewed them.
Date:       January 25, 2005
To:         Honorable Mayor and City Commissioners
From:       City Clerk Gail Kundinger
RE:         Agreement with Muskegon Public Schools for Election
            Services




SUMMARY OF REQUEST: To approve the Agreement with Muskegon Public
Schools for Elections Services provided for all District School Elections. Under
the new Election Consolidation legislation schools are no longer legally able to
conduct their own elections. All duties are turned over to an Election
Coordinating Committee made up of the clerks from communities in the
School District, the County Clerk and the School District. One individual is
selected as the Election Coordinator and since we have the largest number of
residents in the district we will be the Coordinator. This really is what we have
been doing over the past 1o years that I have been Clerk in Muskegon. So it
is business as usual regarding school elections except for some specifics in
the law that requires a signed agreement by all members of the District
Coordinating Committee. We will be reimbursed for all actual costs for the
Elections. Both the City Attorney and the School District Attorney have
reviewed the agreement and approved it as written.
FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval

COMMITTEE RECOMMENDATION:                  Election Coordinating Committee
recommends approval.
                                Initial Report to the Secretary of State
                                                from the
                                  Election Coordinating Committee
                                                 for the
                                       Muskegon Public Schools
                                    (Muskegon County, Michigan)


        Pursuant to MCL Section 168.305(1) as amended, the Election Coordinating Committee
(the "Committee") for the Muskegon Public Schools, Muskegon County, Michigan (the
"District") held its initial meeting, following the January 1, 2005 effective date of the State's
new election consolidation legislation, on January I 0, 2005.

        The Committee makes and files this initial report with the Secretary of State, pursuant to
MCL Section 168.305(1) as amended, to set fmih the arrangements that have been agreed upon
for the conduct of the District's elections (both regular and special).

     Pursuant to MCL Section 168.4(d)(ii) as amended, the District's Election Coordinating
Committee is composed of the following:

            •   Muskegon County Clerk (Karen D. Buie)
            •   Norton Shores City Clerk (Lynne Fuller)
            •   Muskegon Public School District (Joseph Schulze)
            •   City of Muskegon Clerk (Gail Kundinger), the District's Election Coordinator

       The District has territory in more than one city or township, and the committee agrees
that the Muskegon City Clerk (Gail A. Kundinger) will serve as the District's Election
Coordinator.

        The District's Board of Education has, pursuant to statute, selected the annual May
election date (i.e. the first Tuesday after the first Monday in May of both even and odd years) for
holding its regular school elections. The District's Board of Education, consisting of seven
members serving four year terms, are elected at the District's regular elections.

         The arrangements for the conduct of the District's elections (both regular and special), as
initially agreed upon by the Committee, are as follows:

       A        Election Coordinator Duties.        The District's Election Coordinator (i.e. the
                Muskegon City Clerk) shall:

                1. Conduct the district's regular elections and receive requests from the District's
                   School Board to hold special elections; and receive petitions for District
                   regular and special elections as permitted by statute.
                2. Receive nominating petitions, filing fees and affidavits of identity from
                   candidates for the District's Board of Education.

                3. Provide qualified voter file precinct lists.

                4. Certify candidates for the District's Board of Education.

                5. Receive ballot proposal language.
     6. Handle ballot printing and proofing. Procure all necessary ballots and order
        supplies for the election.

     7. Prepare and publish (in accordance with legal requirements) the notices of
        registration (i.e. last day of registration) and the notices of election.

     8. A!Tange for such programming/coding of voting equipment as may be
        required; and ensure that the voting equipment is properly tested.

     9. Perform such other duties as are necessary to the proper conduct and handling
        of the District's elections.

     10. Recruitment and approval of qualified election inspectors. Train election
         inspectors.

     11. Distribute, receive and process absent voter ballot applications, and handle the
         issuance and return of absentee ballots.

     12. Publish accuracy test notices (in accordance with legal requirements) in
         connection with the use of electronic voting equipment; and conduct proper
         tests of the voting equipment.

     13. AITange and handle the set-up of polling places for the election.

     14. Handle election day issues and troubleshooting.

     15. Upon receipt of the same, transmit election results to the County Board of
         Canvassers for the canvass and certification of the election.

     16. Store voted ballots after the election.

     17. Prepare and present reimbursement requests to Muskegon Public School
         District.


C.   District Only Issue Elections. When a District election (whether regular or
     special) occurs within a city or township which lies (in whole or in part) within
     the District on a date when the only issue(s) being voted upon are District issues.
     then and in such event the following provisions shall apply:

     I. The aJTangements set forth in Paragraphs A above (including their respective
        subparagraphs) will apply; and the Election Coordinator (i.e. the Muskegon
        City Clerk) shall conduct the District election within said city or township.
        except for any lawfully delegated duties: and

        The District's established voting precincts and polling places within said city
        or township shall be used for the District's election. (MCL Section
        168.305(4) as amended).

D.   District Plus Other !i.e. Non-District) Issue Elections. When a District election
     (whether regular or special) occurs within a city or township which lies I in whole
     or in part) within the District on a date when the city or township is also holding
     an election (whether for elective office and/or on a ballot question), then and in
     such event the following provisions shall apply:

     I. The arrangements set forth in Paragraphs A above (including their respective
        subparagraphs) shall be modified in such manner and to such extent as may be
        agreed upon in writing,

     2. The Election Coordinator agrees to use the District's polling places, which are
        the same precincts and polling places as are used for state and federal
        elections; and if such use changes the polling place used by District electors in
        District only elections, then and in such event the city or township clerk shall
        provide the District electors with timely and proper notice of the location of
        the different polling place to be used for the election. This will ensure that
        electors wishing to vote both in the District election and in the election being
        held within the city or township on other (non-District) issues will not be
        required to vote at two different locations. (MCL Section 168.305(4) as
        amended.)

E.   Cost Reimbursement. For conducting or assisting (by vitiue of a delegation of
     duties) in the conduct of the District's elections (both regular and special), the
     County and City shall be paid by the District an amount determined in accordance
     with MCL Section 168.315 as amended. In this regard, if the District's election is
     held in conjunction with another election conducted by the County, city or
     township, the District shall pay 100 percent of the actual additional costs
     attributable to conducting the District's election. If the District's election is not
     held in conjunction with another election conducted by the County, city or
     township, the District shall pay 100 percent of the actual cost of conducting the
     District's election.

     The County, and each city or township, shall provide the District with a verified
     account of its reimbursable costs within 84 days after the election; and the District
     shall pay or disapprove all or a portion of each such verified account within 84
     days after receipt of the same. Such verified accounts shall be prepared and
     evaluated in accordance with MCL Section 168.487 as amended (e.g.
     reimbursable costs do not include salaries of permanent local officials, the cost of
     reusable supplies and equipment, etc.).

     In the event the District's Board disapproves of all or a portion of a verified
     account. the Board shall cause notice of such disapproval (together with the
     reasons for it) to be sent to the County, city or township. If requested by the
     County, city or township, the Board shall review its disapproval with the County,
     city or township. If the District and the County cannot agree on the reimbursable
     costs. the Secretary of State shall determine the same. If the District and a city or
     township cannot agree on the reimbursable costs, the disagreement shall be
     mediated by the Muskegon County Clerk prior to submission (if necessary) of the
     disagreement to the Secretary of State for tina! determination.

F.   Other Arrangements. The District's Election Coordinator may call such !utiher
     meetings of the District's Election Coordinating Committee, not less often than
     every two years. as he or she may deem necessary or advisable to consider such
     changes or modifications to the arrangements set f011h in this repoti as the
               Election Coordinating Committee may agree upon; and the District's Election
               Coordinator shall file such further repmis with the Michigan Secretary of State as
               may be required.

               It is fi.Jrther contemplated that the District's Election Coordinator may, with the
               consent and approval of the District's Superintendent, consult with the District's
               legal counsel or others as may be required or appropriate to ensure the proper
               preparation for and conduct of the District's elections.

        A copy of this report, having been approved and signed by each member of the District's
Election Coordinating Committee, shall be filed by the Election Coordinator with the Secretary
of State and shall be provided to each member of the Committee. The Secretary of State's copy
(original) shall be mailed to:

                                     Michigan Department of State
                                     Bureau of Elections
                                     P.O. Box 20126
                                     Lansing, Ml 48901-0726



Dated:




~~u~-$Jlh=
 ynne• uller                                  Gail A. Kundinger, MMC
Norton Shores City Clerk                      Muskegon City Clerk




*  This agreement will take effect immediately and will be in effect for two years, at which time
the District's Election Coordinating Committee will meet to discuss future agreement specifics.
Date:      January 25, 2005
To:         Honorable Mayor and City Commissioners
From:      Gail Kundinger, City Clerk
RE:        Taxicab License
           Great Lakes Shuttle
           1087 W. Laketon




SUMMARY OF REQUEST: Stephanie Tilford of Great Lakes Shuttle,
whose office is located at 1087 W. Laketon, is requesting approval of a
license to operate five taxicabs.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve this request contingent upon
approval from the Police Department, Inspections, and applicant
obtaining a special use permit for the location.
                   APPLICATION FOR TAXICAB OPERATOR
                                in the
                      CITY OF MUSKEGON, MICHIGAN


Name of

Address

Name & Residence of       )
each person interested    )
in or connected with the )
above, individual, firm or)
corporation.              )




Present Business of each person
connected with the above application.




Number of cabs applicant proposes to use    511!g[1/\J 6, ·, S,
Are there any unpaid or unbonded judgments     N
                                               D
of record against the applicant ------------~~~----------------~---------­
Have any of the persons connected with the above as individual, firm or
corporation been charged with or convicted of any crime or misdemeanor,
if so, state date and Court.
                                        0
Name o£ insurance company with which
applicant is insured and amount of coverage. ~~~~~~~~~~cr~~~~~


Is the above applicant the sole owner of all the automobiles
proposed to be used?        ~  es
State liens, mortgages or otl:er encumbrances including conditional sales
contracts on such taxicabs. ---------------------------------------------------




My commission expires



                                                 Chief   of   Police
Date:       January 25, 2005
To:         Honorable Mayor and City Commission
From:       Robert Veneklasen, Water Filtration
RE:         Water Plant Improvements Change Order



SUMMARY OF REQUEST:

To approve change order# 6 of the Water Filtration Plant Improvements
Project. A portion of this change order was authorized as "emergency"
within the Citys purchasing plan in order to keep the construction project
on schedule. The remainder of the items are similarly critical but do not
affect the project schedule.



FINANCIAL IMPACT:

The total cost of change order #6 is $159,561.00.



BUDGET ACTION REQUIRED:

None at this time. The change order cost will be applied to the total cost
of the Improvements Project as funded by the Drinking Water Revolving
Loan Fund.



STAFF RECOMMENDATION:

Staff recommends approval of the items authorized by the "emergency"
procedure and the additional items as indicated in change order #6.
    ( I t)        TETRA TECH MPS                      3949 Sparks Drive SE, Suite 101, Grand Rapids, Mt 49546
                                                                                       Telephone: 616.942.5566
                                                                                             Fax: 616.942.5787

                                                                                              Distribution:   Owner -1
                                                                                                           Contractor - 1
                                                                                                Engr (Office -1, RPR - 1)
    CHANGE ORDER                                                                              Steve Bush- MDEQ GR- 1
                                                                                                 Mike Cox- MDEQ LA-1

    Owner:                   City of Muskegon                  Title: Water Filtration Plant improvements

    Contractor:              Muskegon Construction Company

    Contract No.             0482.031-W-1

    Change Order No.:        6                                 Date:      1/17/05

    TO THE CONTRACTOR NAMED ABOVE:

    Under the above contract and upon approval of the Owner, we hereby recommend the
    following changes to the contract:


    1. Cover the existing ceiling on the first floor of the south vestibule of the Auxiliary Pump Station
    with a drywall ceiling supported by metal studs.
                                                                                               ADD             $910.00

          REASON: The existing plaster ceiling is deteriorating and drywall is an economical solution.

    2. Provide brushed aluminum receptacle, data, and phone fixtures on the proposed laboratory
    casework.
                                                                                             ADD             $2,291.00

          REASON: The casework did not include electrical fixtures.

    3. Locate the turbidimeters near the filtered water confluence point in Filters 7-10 pipe gallery
    in lieu of the west wall of the Wet Laboratory.
                                                                                            ADD              $3,190.00

          REASON: Relocating the turbidimeters will provide additional space and accommodate
             new equipment in the Lab.

    4. Provide an electric duct heater with controls in the duct serving Rooms 100 and 101.

                                                                                             ADD            $3,447.00

         REASON: A long-term operational savings will be realized because the duct heater will provide
            supplementary heat when the boiler is not in service, reducing the number of days the
            boiler is required to operate.




Muskegon WFP lmpr. 0482031-W-1 Draft Change Order 6                                                                      Page 1 of 4
    5. Provide a new trench drain along the entire north wall and the northerly 15 feet of the west wall
    connecting to a 4-inch pipe drain under the floor to the north end of the HS suction pipe trench.

                                                                                           ADD              $1,488.00

          REASON: The trench drain will allow groundwater leakage along the walls to drain to the pipe
             trenches without traversing across the floor.

    6. Coat exposed reinforcing steel in the ceiling of Filters 1-6 gallery.
    Hand prepare the steel to be repainted.
                                                                                           ADD              $6,913.00

          REASON: The existing exposed resteel in the selected locations is not
             causing concrete spalling and can be adequately be repaired by sealing
             with a rust inhibiting coating. This change will ultimately reduce the amount
             of unit price concrete surface repair required.

    7. Perform lead abatement to the piping in the existing Influent Valve Vault to the
    Harvey Street Reservoir. Pressure wash the existing coal tar off from the reservoir piping.
    Existing primer to remain. Coat the piping in the Reservoir with two coats of Tnemec
    Pota Pox Series 20.
                                                                                                       NO CHANGE

          REASON: The existing coating in the Valve Vault and Reservoir has tested positive for
             containing lead based primer. The existing primer in the Reservoir is in good condition
             and can be encapsulated with NSF approved coating. A cost savings is realized by
             encapsulating the reservoir piping. However, the coating in the Valve Vault must be
             sandblasted and lead abatement must be performed. The savings in the Reservoir
             is applied to lead abatement in the Valve Vault to result in no net change in cost.

    8. Clean and coat the interior of the existing influent pipe at the Harvey Reservoir with
    Tnemec Series 400 Elastoshield Polyurea.
                                                                                             ADD            $1,709.00

         REASON: The existing piping has been severely corroded. The pipe cannot
            be replaced in a cost effective manner, due to the location of the leaks.

    9. Remove existing insulation on the discharge piping in the High Service Pump Station.
    Perform lead abatement and paint the existing piping. Provide new Type 1 insulation as specified.

                                                                                           ADD             $75,022.00

         REASON: The existing insulation was removed in the location of the proposed connection
            to the new water main. The existing piping under the insulation was coated with
            primer only and is experiencing corrosion, indicating a performance failure of the
            existing insulation. The existing pipe coating tested positive for containing lead
            based primer.




Muskegon WFP lmpr. 0482031-W-1 Draft Change Order 6                                                                     Page 2 of 4
    10. Cap the sides of the window openings in the common wall between the Pretreatment Building
    and the South Filter Building. Provide aluminum sheet metal with concealed fasteners.

                                                                                          ADD          $6,257.00

          REASON: After the existing block windows were demolished, the remaining exposed brick
             that was previously covered by the windows shows evidence of damaged from freeze-
             thaw processes. This condition was concealed by the block windows.

    11. Recoat the existing floor surfaces in the Filters 1-6 gallery and Filters 7-10 gallery
    with Epoxy paint. Prepare the existing surface with a drum sander utilizing vacuum dust control.

                                                                                          ADD          $4,325.00

          REASON: The existing floor enamel coating was damaged during construction
              activities. The Owner has chosen an Epoxy replacement coating, which is
             more expensive, however, more durable than floor enamel. The Owner
             and Contractor have agreed to share the $8000 expense.

    12. Change the height of the proposed chain link fence at the High Service Pump Station
    from 6-foot to 10-foot (Two of which is to be ground buried).

                                                                                          ADD          $5,061.00

         REASON: Owner's request to improve the security of the Water Filtration Plant.

    13. Remove existing decorative handrail at the south end of the Filters 1-6 Pipe Gallery.
    Provide new aluminum handrail on the existing concrete stairway.

                                                                                          ADD          $3,117.00

         REASON: The existing railing is severely corroded and is in need of replacement.
            The cost savings from not performing the scheduled lead abatement and painting
            will be applied to lead abatement at the Auxiliary Pump Station.

    14. Remove paint from the ceiling of the Filters 7-10 Filter Gallery.

                                                                                          ADD          $6,766.00

         REASON: The existing paint is peeling and falling in the filters.




Muskegon WFP lmpr. 0482031-W-1 Draft Change Order 6                                                                Page 3 of 4
    15. Perform concrete crack repair and concrete surface repair (less than 2-inch depth)
    on the ceiling of the Filters 1-6 Filter Gallery. The cost was calculated based on approximate
    quantities. The cost will be adjusted according to actual repaired quantities and adjusted in a
    balancing change order.
                                                                                           ADD            $39,065.00

          REASON: The Contract concrete crack repair and surface repair prices did not
             include the ceiling over the filters. Additional setup is required for these areas.
             Additional materials are required for overhead applications.
             The cracks present a potential for moisture from the filter gallery to corrode the
             reinforcing steel in the ceiling. Surface repair is needed to protect the reinforcing
             steel and prevent concrete from spalling into the filter cells.




                                                          Current Contract Amount                     $15,913,332.00
                                                          This Change Order, ADD                         $159,561.00
                                                          Revised Contract Amount                     $16,072,893.00

RECOMMENDED BY:             Tetra Tech MPS


                                                             DATE: _ __
                            Dennis J. Benoit, P.E.

ACCEPTED BY:                Muskegon Construction Company


                                                             DATE: _ _ __
                           Gary Post, P.E.

APPROVED BY:                City of Muskegon


                                                             DATE: _ _ __
                           Robert Veneklasen




Muskegon WFP lmpr. 0482031-W-1 Draft Change Order6                                                                     Page 4 of 4
                                MEMORANDUM

                                      1/17/05

TO:           M. AL-SHATEL, DEPUTY DPW DIRECTOR

FROM:         R. VENEKLASEN, WATER FILTRATION PLANT

RE:           WATER FILTRATION PLANT IMPROVEMENTS PROJECT
              CHANGE ORDER #6


The Improvements Project at the Water Filtration Plant is facing some
unexpected and unforeseen items that must be addressed. There are a number
of items included in change order #6; two of which (items # 11 & 15 of the
attached C.O.) we found necessary to address under the emergency purchasing
procedures in order to avoid delaying the project progress. Those items being
the recoating of the existing floor surfaces in filters 1 - 6 and the concrete crack
and surface repair on the ceiling of filter 1 - 6 gallery. These items are critical
due to the work occurring in filters 1 - 6. Included is a copy of change order #6,
inclusive of the two aforementioned items, for your review.

PROJECT HISTORY
The Water Plant Improvements Project began one year ago. Over the course of
the year there have been a number of items that have required attention to keep
the project on schedule. These items were addressed in change orders with
costs that did not require City Commission action.


CHANGE ORDER COST & DWRF FUNDING
The Improvements project is funded by the State Drinking Water Revolving Fund
(DWRF) with the initial bid cost of $15,560,000.00. Due to the favorable interest
rate it was decided to add the remodeling of the laboratory/control room to the
available funding in the form of change order #1. The following is a breakdown
of the project costs to date including change order #6.

Initial Improvements Project cost $15,560,000.00
Change Order #1 (lab)               $256,800.00 (approved by Commission)
Change Order #2                      $21,346.00 (approved by Staff)
Change Order#3                       $27,913.00 (approved by Staff)
Change Order#4                       $21,152.00 (approved by Staff)
Change Order #5                      $26,121.00 (approved by Staff)
Change Order #6                     $159,561.00 (partially approved by staff)

Total project cost with change orders 1 - 6      $16,072,893.00
The DWRF funding allows change orders up 4% of the project cost. In our
circumstance this includes change order #1 for a total of $632,672.00. Inclusive
of change order #6 we will have $376,000.00 remaining as contingency for any
further unforeseen needs.

PROJECT PROGRESS
The Water Plant Improvements Project is nearly two-thirds complete. It is
anticipated that the project has revealed the majority of unexpected
circumstances due to this progress and there will be a minimum of items to
address in the future.
             Commission Meeting Date: January 25, 2005

Date:         January 19, 2005
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department
RE:           Extending the deadline for taking action on proposed
              Mall Historic District


SUMMARY OF REQUEST:
To extend the deadline for taking action on the proposed Mall Historic District. A public
hearing was held on January 21, 2004 but no action was taken. This public hearing
triggered an automatic one-year deadline lor taking action. Because that deadline has
expired, Stall is now requesting that the City Commission extend the deadline lor one
more year.

FINANCIAL IMPACT:
None

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution extending the time period to take action on whether or
not to designate the Mall buildings as a historic district.

COMMITTEE RECOMMENDATION:




1/20/2005
                                      Resolution No. 2005-1 0(d)


                       MUSKEGON CITY COMMIS SION
 RESOLUTION TO EXTEND THE DEADLINE FOR CONSIDERARTION OF THE POTENTIAL
                       MALL HISTORIC DESIGNATION


WHEREAS, the Muskegon City Commission previously designated a historic district study committee
to conduct basic research, inventory, and detennine the historic significance of a resource or resources
within a proposed histmic district located in the mall, described as: CITY OF MUSKEGON REVISED
PLAT OF 1903, Lot 16 EXC SWLY 8 FT, BLK 565 (Daniels); CITY OF MUSKEGON REVISED
PLAT OF 1903 LOT 17, BLK 565 (Century Club); CITY OF MUSKEGON REVISED PLAT OF
1903, LOT 18, BLK 565 (Savings and Loan! GTE); CITY OF MUSKEGON REVISED PLAT OF
1903, LOT 8, BLK 311 (National City); CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 11 ,
BLK 310, AND THEE 35 FT OF N I 0 FT OF VAC FIRST STAND N Y2 OF VAC E/W ALLEY
ADJ. TO SD PROP (Hackley Bank);

WHEREAS, the automatic one year deadline to take action expired on January 21 , 2005, and

WHEREAS, under state statute in establishing an historic dishict (section 399.203 of Public Act 169),
the local legislative body may extend the deadline for taking action on whether or not to designate a
histmic district,

NOW THEREFORE BE IT RESOL YEO, that the deadline foi· taking action on whether or not .to
designate this specific proposed historic district be extended for one year to expire on January 25,
2006.

Adopted this 25th day of Januaty, 2005.

Ayes: Spataro, Wannington, Catter, Davis, Gawron, Larson, and Shepherd

Nays: None

Absent: None




                                                             ~L~
                                                               d
                                                            Gail Kundinger, MMC
                                                            City Clerk
                                       CERTIFICATION
                                         2005- 1O(d)


I attest that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on January 25,
2005.




                                                         1iw- L~ l iY
                                                       Gail Kundinger, MMC
                                                       C lerk
DATE:               January 14, 2005

TO:                 Honorable Mayor and Commissioners

FROM:               Anthony Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-030173 Address:
                    1263 W. Larch.


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1263 W. Larch is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN-030173, 1263 W. Larch.

Location and ownership: This structure is located on W. Larch between
Ruddiman and McGraft. It is owned by Deutsche Bank Trust in Texas and is
currently in foreclosure. As of 12/03 this structure is owned by Martin/Jane Engle.

Staff Correspondence: A dangerous building inspection was conducted on
11/20/03. A notice and order to repair was issued 12/3/03. On 1/8/04 the HBA
declared the structure substandard and dangerous. The case returned to the
HBA 12/02/04 to allow new owners time to respond, no one was present and was
declared substandard and dangerous.

Owner Contact: On 1/13/04 a contact for the bank called the Inspection office
and stated the home is in foreclosure and they cannot do anything until the
redemption period is up, which is 6 months. He was faxed all copies of previous
notices. Mr. Engle contacted the Inspection Department in December 2004
stating he no longer owned the property he stated the property was taken by the
bank. He gave contact numbers for Saxon Mortgage formerly Deutsche Bank.
The Inspection Department contacted Saxon Mortgage who first said the
property was sold but the Inspection Department checked and no deed was
registered with said new owner. The title office was contacted that handled the
sale and they reported that the sale was cancelled. Saxon Mortgage was
contacted again who forward the Inspection Department to their foreclosure
attorney's office. The office of the foreclosure attorney Orlands Assoc., reported
that the foreclosure was never completed and that the property was still owned
by Mr. Engle. A memo was sent to Mr. Engle and Saxon Mortgage stating these
findings. There has been no owner contact since this time.

Financial Impact:             General Funds

Budget action required:                 None

C:\Documents and Settings\Potter\Local Settings\femporary Internet FilcsDLKlA\AGENDA -1263 W Larch(2) (2).docpage 1 of 2
State Equalized value:                  $18,100

Estimated cost to repair:               $8,000 plus the cost of interior repairs

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

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 25, 2005.




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                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                         1263 W. Larch

                                             11/20/03


Inspection noted:

1.      Garage- roof is collapsing.
2.      Garage- Separation wall between house and garage is damaged.
3.      Garage -electrical is incomplete.
4.      Residence- Soffitt & fascia is damaged.
5.      Residence- Front steps need repair.
6.      Interior inspection with building, plumbing, mechanical, and electrical
        inspectors required.
7.      All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 4-23 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1263 W Larch (2).doc
l ~ b 3 cJ ( L.4-r0JtA-
~I<-10'-'-~"-' &dl~--s~ \
                                   AGREEMENT
THIS AGREEMENT, made this May 3, 2005 by and between:
Press's LLC.

(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of                       ); (an individual trading as _ __
~--:----:-:-:--,--,-); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".

WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 1263 W. Larch as well as required
supplemental work for the completion of this project, all in strict accordance with
the Contract, including all Addenda.

ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $3445.00.

ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:

Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications

This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.

In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST:                                                    CONTRACTOR:
                                                                   _....-               ·~
                                                           BY: - I A•1' '""'f ;X', rd " tift<.
                                                                 Printed name and title

ATTEST:                                                    CITY OF MUSKEG




(SEAL)

CERTIFICATION (IF APPLICABLE)

     --"lc::~,_,_,_1
            1
I,                      _:'',__···_s,_··_,..-','-"""'--'-'·-·_ _ _ , certify that I am the -""-''J.::.I""''It'-'-.-'--'_ _ _ _ __
                   !G._:.




of the Corporation named as contractor herein;

                                                          , who signed this Agreement on behalf of the

Contractor, was then                    ]';i:, "" •. , ( ~~~) '\' <· r>cof said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.




(CORPORATE SEAL)
DATE:               January 14, 2005

TO:                 Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-040047 Address:
                    1856 Continental.


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1856 Continental is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN - 04004 7 - 1856 Continental

Location and ownership: This structure is located on Continental between E.
Holbrook Rd and E. Laketon Ave. and is owned by Phyllis Passenier.

Staff Correspondence: A dangerous building inspection was conducted 04/19/04
also an interior inspection conducted 06/10/04.
Mr. and Mrs. Passenier were present for the HBA meeting. They stated they are
in the process of getting estimates for the repairs now that the insurance
company declared the house fixable. Bob Grabinski inquired on the construction
that has been done to the home without permits and Mr. Passenier stated the
house was sold on a land contract and the buyers did the work. A building permit
for siding was issued 06/12/04. The permit expired 12/09/04.

Owner Contact: There has been no owner contact or inspections scheduled.

Financial Impact:             General Fund

Budget action required:                 None

State Equalized value:                  $12,949

Estimated cost to repair:               $30,000

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

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 25, 2005.



C:\Documents and Settings\Potter\Local SettingsWemporary Internet FilesiOLKlA\AGENDA- 1856 Continental (2).docpage 1 of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                       1856 Continental

                                              4119104


Inspection noted:

1.      Incomplete foundation wall- repair to 2003 Michigan Residential Code.
2.      Porch on back of home must be removed and rebuilt to 2003 Michigan
        Residential Code.
3.      Rafter investigation required on entire system.
4.      Rebuild roof system to 2003 Michigan Residential Code, soffit, fascia,
        rafters ventilation.
5.      Repair front porch - landing.
6.      Remove deteriorated shed in back yard.
7.      Replace all damaged siding.
8.      Interior inspection with building, plumbing, mechanical, and electrical
        inspectors required.
9.      All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1856 Continental
(3).doc
                            CITY OF MUSKEGON
                   DANGEROUS BUILDING INSPECTION REPORT
                               1856 Continental
                          (INTERIOR INSPECTION)
                                              6110104


Inspection noted:

1.      Rewire house to meet 2003 Michigan Residential Code.
2.      Replace electric service to meet 2003 Michigan Residential Code.
3.      Add smoke alarms to meet 2003 Michigan Residential Code.
4.      Total mechanical and plumbing to be replaced to meet 2003 Michigan Residential
        Code.
5.      Remove rooms from cellar.
6.      Provide attic access- rafter inspection required.
7.      Foundation wall repair- engineered design required.
8.      Roof & soffit need to be replaced.
9.      Remove back porch.
10.     Replace basement stairs to meet 2003 Michigan Residential Code.
11.     All interior framing must meet 2003 Michigan Residential Code.
12.     Egress windows required to meet 2003 Michigan Residential Code.
13.     One 3' x 6' 8" door required.


BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.



HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1856 Continental
(4).doc
                                   AGREEMENT

THIS AGREEMENT, made this May 3, 2005 by and between:
Press's LLC.

(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of                         ); (an individual trading as _ __
c-:---:----::-:c--:-:-); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".

WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 1856 Continental as well as
required supplemental work for the completion of this project, all in strict
accordance with the Contract, including all Addenda.

ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $2795.00.

ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:

Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications

This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.

In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST:                                                  CONTRACTOR:




ATTEST:




(SEAL)

CERTIFICATION (IF APPLICABLE)

I, --1\~_._'--'\'-'·\C>._,_,v'-'\~~'<_."r'""'-c~:;~'("")_._r_·_ _ _ , certify that I am the   ----'-r--'-y-"'-"''~'-'-~-'-'·_ _ _ _ __
of the Corporation named as contractor herein;

                                                        , who signed this Agreement on behalf of the

Contractor, was           then-"'.~""'\/'_'""'..:;_ _ _ _ _ _ _                 of said Corporation:

That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.




(CORPORATE SEAL)
DATE:                January 14, 2005

TO:                  Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                  Concurrence with the Housing Board of Appeals Notice and Order
                     to Demolish. Dangerous Building Case#: EN-040041 Address:
                     341 Bauer.


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
341 Bauer is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.

Case# & Project Address: #EN- 040041 - 341 Bauer

Location and ownership: This structure is located on Bauer between Spring St.
and Pine St. and is owned by Muskegon Monument & Stone.

Staff Correspondence: A dangerous building inspection was conducted 04/30/04.
No one was present to represent this case at the HBA 07/01/04 meeting. Henry
Faltinowski stated he spoke with John Allen at about 4:30 and he said he would
be at this meeting. A building permit to demolish was issued 07/16/04. The site
has not been cleared of demolition debris.

Owner Contact: There has been no owner contact.

Financial Impact:              General Funds

Budget action required:                  None

State Equalized value:                   $1 ,696

Estimated cost to repair:                Building not salvageable

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

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 25, 2005.




C:\Documents and Settings\Potter\Local Settings'U'emporary Internet FilesiOLKIA\AGENDA- 341 Bauer (2).doc   page 1 of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                            341 Bauer

                                              4130104


Inspection noted:

1.      Building is partially demolished.
2.      Trash, demolition debris on property.
3.      Building is partially boarded, but is open and exposed to the elements.
4.      Building appears to be gutted out.
5.      Building is currently not secured.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.




DON LABRENZ, BUILDING OFFICIAL                                              DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\341 Bauer (2).doc
0c1/ ~tk_\

 :?DidO~
DATE:                January 14, 2005

TO:                  Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-040059 Address:
                    61 Ottawa.


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at 61
Ottawa is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.

Case# & Project Address: # EN- 040059- 61 Ottawa

Location and ownership: This structure is located on Ottawa between Bayou and
Marquette and is owned by Abonmarche Developers, P.O. Box 1088, Benton
Harbor, Ml 49023.

Staff Correspondence: A dangerous building inspection was conducted 5/25/04.
It is a commercial building that has been vacant for some time.

Owner Contact: A fax was received the day of the HBA meeting asking for 6
months to allow them time to sell the structure. There has been no owner contact
since that time.

Financial Impact:             General Funds

Budget action required:                  None

State Equalized value:                   $99,900

Estimated cost to repair:                $30,000

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

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 25, 2005.




C:\Documents and Settings\Potter\Local SettingsU'cmporary Internet Files\OLKJA\AGENDA- 61 Ottawa (2).doc   page 1 of 1
                                     CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                           61 OTTAWA

                                              5125104


Inspection noted:

1.      Building boarded more than 180 days.
2.      Building covered with graffiti.
3.      Side entrance roof is rotted.
4.      Conduit on west side of building is pulling away.
5.      Cap dislodged -water leaking into masonry wall.
6.      Brick walls are cracked in numerous locations.
7.      Rear wall covering is exposed to weather and rotted.
8.      Rear soffet is missing.
9.      Roof needs to be replaced.
10.     Rear block wall cracked (requires engineering evaluation).
11.     Exterior light is improperly wired.
12.     Interior inspection with building, plumbing, mechanical, and electrical
        inspectors required.
13.     All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.




DON LABRENZ II, BUILDING OFFICIAL                                           DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\61 Ottawa (2).doc
                                   AGREEMENT
THIS AGREEMENT, made this May 3, 2005 by and between:
Press's LLC.

(a corporation organized and existing under the law of the State of Michigan);
(partnership consisting of                     ); (an individual trading as _ __
-----:-:-:-:-:_); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".

WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 61 Ottawa as well as required
supplemental work for the completion of this project, all in strict .accordance with
the Contract, including all Addenda.

ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $6530.00.

ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:

Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications

This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.

In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.

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




ATTEST:

     ._,JJ, !krl& '(~




(SEAL)

CERTIFICATION (IF APPLICABLE)

I,   0.. \cu'\   ~ c~              (   , certify that 1am the ___:_m__:_:_~=-:~\-'----­

of the Corporation named as contractor herein;
                           --(-"
That   \£. ('11 Q\UI         --X\,c)k'-'i , who signed this Agreement on behalf of the


                       -           "
Contractor, was then __.'f'.)_,\iu::e:...-_ _ _ _ of said Corporation:

That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.




(CORPORATE SEAL)
DATE:                January 14, 2005

TO:                  Honorable Mayor and Commissioners

FROM:                Anthony L. Kleibecker, Director of Public Safety

RE:                  Concurrence with the Housing Board of Appeals Notice and Order
                     to Demolish. Dangerous Building Case#: EN-40067 Address:
                     1309 Sixth St.


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1309 Sixth St. is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN - 040067 - 1309 Sixth St..

Location and ownership: This structure is located on Sixth Street between
Monroe St and Merrill St. and is owned by Yvette Ikens.

Staff Correspondence: This house was inspected by the trade inspectors 3/23/04
after the housing inspector realized it had never been removed from the
dangerous building list since December 2002. At the time of the inspection, the
house was owned by Brian VanFarowe who owns other rental properties in
Muskegon. There has been no contact from him or his property manager, Alex
Fortenberry, since the inspection and in July the house was open. Upon
contacting Mr. Fortenberry about the missing door, it was discovered that Yvette
Ikens had purchased the property on a Land Contract. The city had the
structure boarded 7/9/04.

Owner Contact: There has been no owner contact.

Financial Impact:              CDBG

Budget action required:                  None

State Equalized value:                   $14,600

Estimated cost to repair:                $25,000

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

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 25, 2005.


C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files'OLKIA\AGENDA- 1309 Sixth (2).doc   page 1 of 1
                                     CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                        1309 Sixth
                                          3123104
                                  (INTERIOR INSPECTION)



Inspection noted:

1.      Provide GFI protection where required per 2003 MRC.
2.      Wire electric dryer to code.
3.      Remove extension cord to garage.
4.      Rewire garage to 2003 MRC or remove old wiring.
5.      Close open holes @ electrical panel.
6.      Replace missing LB cover & weather head cover on electric service.
7.      Provide two 20 amp kitchen counter circuits to match cabinet layout.
8.      Replace waste & vent.
9.      Replace plastic water line.
10.     Replace tub/shower valve.
11.     Clean duct and certify furnace.
12.     Lag all jack posts - provide piers for support.
13.     All interior and exterior handrails and guardrails must be repaired/replaced
        to meet 2003 MRC.
14.     Scrape and paint all exterior windows, sills, and siding.
15.     Repair/replace all damaged walls, floors, and ceilings.
16.     Garage, threshold and trim need repair.
17.     Replace all broken glass.
18.     Tuck point blocks.
19.     Clean roof of debris.

All work requires a building permit. This permit must be obtained prior to work
beginning.

Please contact Inspection Services with any questions at 231-724-6715.

BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                       DATE



C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1309 Sixth (2).doc
Jan 24 2005 2:34PM              BRIAN VANFARUWt                               I'. '




                                       I BRIAN VANFAROWE
                                       517     l.IVINGSTON   Ave .. Ne
                                       GRANO RAPIDS,         Ml 49503
                                       PHONE:        (616) 459-7400
                                       F-AX:         (616) 459-6478



                  Fax to number:         (       )


                         Attention:


                               Date:         6/ I Z 41 2.oo5 ·

                              From:      Brian Van Farowe


             Number of pages:
                 (Including Cover)
                                             3

       Additional Comments:              See below·




     FOlC Form.OH/4102



                                                                         I.
. Jan 24 2005 2:34PM             BRIAN VANFAROWE                              (616J          459-6478       P·"'



                              City of Muskegon
                            DMslon of Public SafetY
                                               uthony L. Klelbecbr
                                              Director of Public Safety




         January   18, 2005



         Yvette Ikens
         c/o Advanced Realty
         517 Livingston Ave. NE
         Grand Rapid, Ml49503



         Mrs. !kens,

         The Muskegon City Commission will hold a hearing on January 25, 2 S to determine
         ~ status pf )'QIIf proJXlrty which is located at ]309 Sixth Street, Musk gon, MI. The
         COmssion'wiU reVieW the decision of the Muskegon Housing Code ard of Appeals
         woo- has deterffiined yollf building to be sub-standard, a public nuisance d a dangerous
         building. Should the Conumssion coJKl\U' with the Housing Code Board f Appeals then
         we would move to demolish yollf property.

           We hope that you are making every effurt to rehabilitate your property
           the housing code. The staff in our Inspections Office is ready to assist
           that we can. If you are sincere about rehabilitating your property, may I
      · --··cohtllcrliii befOre yolir scheduled heating befure ·the CoibniJSSion. · Staff·
           at (231) 724-6715. We look furward to working with you.

          Sincerely,

            ~'--./~                                      ,,., ..
         Anthony L. IO,eibecker ·
         Diiector
         - .      o{Public
                  . .
                           S.fety
                              . ... ·
                                                                                               -';

                         .                                                   . ··,· .·   .
                                    . _·.,·




          980 Jefferson Street                   www.musJregonoolice.CO!!!          Phone: (23 ) 124-6955
          Muskegon, Michigan                                                        Fax: (231} 25-2043
          49443-0536
Jan 24 2005 2:34PM      BRIAN VANFAROWE                     (6161 459-6476             P·"'




        Advanced Realty Systems
        Brian VanFarowe
        517 Livingston Avenue, NE
        Grand Rapids, MI 49503

        January 24, 2005

        City of Muskegon
        Division of Public Safety
        Attn: Anthony K.leibecker
        980 Jefferson Street
        ~uskegon,MI 49443-0536


        Dear Anthony:

        I am writing in response to the notices I received concerning t property at
        1309 Sixth Street and the hearing that will be held on Tuesday, January 25,
        2005.

        On May 27, 2004 I sold this property to Yevette lkens on a Ian contract.
        Yevette has not made her payments, and I am in the process of getting this
        property back from her through a land contract forfeiture. Unti I can get
        this property legally back from Yevette, I am unable to do any airs on it.

         I am asking that before you make any decisions concerning the demolition
         of this house, that you give me time to legally get the property ack, and
         then give me some time to make the necessary repairs.

         I am sorry for the late response to your notices, but I was out o town last
         week: Please let me know of your decision. You can phone m at 616459-
         7400 or fax me at 616459·6478. If you have any questions, pl ase call me
         and leave a message.
DATE:               January 14, 2005

TO:                  Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-040034 Address:
                    235 W. Forest


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
235 W. Forest is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN - 040034 - 235 W. Forest

Location and ownership: This structure is located on Forest St. between Fifth St
and Sixth St. and is owned by Louis Pimpleton.

Staff Correspondence: A dangerous buiding inspection was conducted 03/12/04.
No one was present to represent this case at the HBA meeting. It was found
open and vandalized by officers in March.

Owner Contact: There has been no owner contact.

Financial Impact:              CDBG

Budget action required:                  None

State Equalized value:                   $18,500

Estimated cost to repair:                $10,000 Exterior Only

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

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, January 25, 2005.




C:\Documents and Settings\Potter\Local Settings"lfemporary Internet Files\OLKlA\AGENDA- 235 W Forest (2).doc   page 1 of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                         235 W. Forest

                                              3112104


Inspection noted:

1.      South side of basement wall requires repair.
2.      Repair exterior entry to code.
3.      Remove carpet on landing -trip hazard.
4.      Scrape, paint home.
5.      Repair roofing.
6.      Replace broken windows.
7.      Garage doors and siding are rotting or missing -replace.
8.      Interior inspection with building, plumbing, mechanical, and electrical
        inspectors required.
9.      All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 4-23 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\235 W Forest (2).doc
vJI
                            :Hoffman, Steensma & P(anwntfon, P.L.C.
----------------~----
                                     Certified Public Accountants and Consultants

ROGER E. HOFFMAN. C.PA                                                              DOUGLAS A PLAMONDON. CPA
ROGER D. STEENSMA. C.PA                                                             RANDY J. NOVOTNY. CPA

       January 24, 2005


       Mr. Tim Paul
       City of Muskegon
       933 Terrace Street
       Muskegon, Michigan 49443

       Dear Tim:

      We recently completed over 20 years in business and during that period we have
      been fortunate to have you and many others in the governmental and the not-for-
      profit sector as clients. We have always maintained an expertise in these fields and
      have delivered superior service and products to you.

      However, due to the increasing demand for professional staff and growth in other
      sectors of our practice, we have reluctantly come to the decision to discontinue our
      governmental practice and substantially reduce our not-for-profit practice. This
      decision is effective immediately. However, we will provide monthly bookkeeping
      services to the City of Muskegon as you request.

      We are concerned, very concerned about how our decision lnight affect you and
      your records. Therefore, to assist you in making a transition to another firm, we
      have made arrangements with the Certified Public Accounting firm of:

                                    BRICKLEY DELONG, PLC
                                      500 TERRACE PLAZA
                                           P.O. BOX999
                                   MUSKEGON, MICHIGAN 49443

      Brickley DeLong has agreed to provide services to your organization and should
      you choose to use their firm, we will assist them with the transition including
      providing them with applicable records and files. Also Brickley DeLong has agreed
      to employ Eric Van Dop and Kristi Dill, two of our staff who have significant related
      auditing experience.

      Brickley DeLong's accounting practice includes a large governmental and not-for-
      profit client base that has serviced Western Michigan for the past 30 years. Our
      firms use many of the same resources and have serviced many similar clients. With
      the addition of our practice, they will service over SO governmental units and 45 not-
      for-profit clients. The full service accounting firm has 6 partners, 5 managers and
      20 professional staff to serve you.




         221 W. Webster Ave., Suite 502 ·Muskegon. Ml49440-1243 · (231} 728-5176 ·Fax (231) 726-3530
                                                    ITAGI AISOC!ATEIX
              Heritage Village • 561 W. Western Avenue • Muskegon, Ml 49440 • (616) 722·1363




January 19, 2005


Honorable Mayor and City Commission members:

At the last regularly scheduled meeting of the Muskegon Heritage Association (MHA), it was
brought to the Board's attention that the City was requesting bids to tear down the Muskegon
Hotel. We understand that the condemnation process has been used successfully to "nudge" a
remiss property owner into building rehabilitation, but we are deeply concerned about the City
moving forward with demolition bids, especially in light of our understanding that the City has
the ability to take back the property for lack of performance on the developer's part.

The Muskegon Hotel has been passed around several times in the last decade. Somewhere in the
chain of previous owners was the MHA. The most recent transaction involving the building was
between the City and the Westwood Development Group. This transaction took place after the
City spent a significant amount of public funds to shore up the far;:ade (on hopes the developer
would save some shred of history). As we understand it, part ofthe agreement between the City
and Westwood involved a reversion clause whereby the City could take back the property for lack
of performance. While we have not actually seen the "reversion clause" the Association filed a
Freedom oflnformation Request (I / 19/05) to obtain information about this agreement.

Leaders ofthe MHA have had conversations with various realtors and parties interested in
redeveloping the Muskegon Hotel site. However, it seems that the Westwood Development
Group is asking an unrealistic price for the property (although the price includes building plans--
which may not suit the next user). This unnecessarily locks up a prime piece of property in
Muskegon's downtown. What we cannot understand is why the City Commission would choose
to tear down a far;:ade that it has heretofore attempted to save, when it could merely take the
property back and sell it to another developer who will perform. This seems especially illogical
when public funds were used to shore up the far;:ade in the first place and more public funds
would be used to erase that effort. Either way the City is pitted against the existing property
owner; to take the land back due to lack of performance, or collect on a demolition bill for an
empty lot. We are hoping the Commission will take charge of this situation in a positive fashion.

The MHA has new leadership and commends our community's renewed interest in preservation
and redevelopment. We ask that the Commission take action to retrieve the Muskegon Hotel
from a developer that is not performing and get it into the hands of one that will. We will work
with you in whatever way we can to make that happen! We do not want to see yet another hole
blown in the West Western Avenue street scape

R     d   n?lde
              alfofthe Muskegon Heritage Association,

                 . .(1)~Liuw~<-                __
          lburn, President
   ~        MU-I KJG&X KIBITAGI AIIDC!,A!III:
   T        Heritage Village • 561 W. Western Avenue • Muskegon, Ml 49440 • (616) 722·1363
 .. £



January 19, 2005


To: Ms.
FR: Jon
         Gail(~)~,:.:
        Colb~~    esident, Muskegon Heritage Association
RE: Request to sp kat the January 25 111 City Commission meeting


Please allow a representative of the Muskegon Heritage Association to speak at the next
regularly scheduled City Commission meeting on January 25, 2005. Please also see to it
that a copy of the attached letter is provided to all City Commission members. I
appreciate your assistance. If you have any questions I can be reached at 231-924-5553
(home); 231-519-2390 (cell).
Thank you.
GREAT LAKES SHUlTLE
                          GREAT LAKES SHUTTLE
PHONE 231· 755·5434                                 1087 W. LAKETON AVENUE
                                                      MUSKEGON, Ml 49441


        " Serving West Michigan .... ... One Shuttle At A Tin1e"




    Owners: Stephanie L. Tilford, 6 Years Experience (Pm1 City Cab)
            Wil li am M. VanSlooten, Businessman
           David 1. Moore, Con11nercial Realtor




    Drivers: Drug tested, background checked, uniformed
            (t-shirts/hats ), clean and neat.




    Vehicles: Detailed every shift, scheduled preventative maintenan ce,
              pre-trip checklist.




    Service: F riendly and dependable drivers serving the Muskegon
             and the surrounding areas.
Dffic~:   (231) 744-6269 Fox: (231) 744-6270   307112 Centn Str~et n.muskegon, ffil. 49445
                          GREAT LAKES SHUTTLE
PHONE 231-755-5434                                            1087 W . LAKETON AVENUE
                                                                MUSKEGON. Ml 49441




    POPULATION OF GREAT LAKES SHUTTLE
       SERVICING AREAS (CENSUS 2000)


      •   MUSKEGON .. ... ............................ 40, 105
      •   MUSKEGON HEIGHTS ............ 12,049
      •   NORTON SHORES .................. 23,084
      •   ROOSEVELT PARK .... .... ....... ... 3,890
      •   WHITEHALL .. ....... . ................. 2,884
      •   MONTAGUE .... .. . .. .... .........           2,407
                                                          0   ••• ••




      e   FRUITPORT . . . ................. ........ 1, 124
      •   GRAND HAVEN . .. .... . .... .. ....... 11,168
      •   SPRING LAIZE .. . .. .. .... ..... ... ...... 3,040
      •   NORTH MUSKEGON ....             0   .   ....   4,031
                                                         .......




      •   FERRYSBURG .... ..... ... ........ ... .. 3,042

   TOTAL                                                        106,824
~-



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