City Commission Packet 07-27-2004

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                         JULY 27, 2004
   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: Michigan Section America Water Works Association:
  Regional Taste off Winner
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. FIRST READING: Rezoning Request for Properties Located at 692 and
        706 W. Hackley. PLANNING & ECONOMIC DEVELOPMENT
     C. Selection of Siding Contractors for Fiscal       Year 2004    -   2005.
        COMMUNITY & NEIGHBORHOOD SERVICES
     D. Selection of Siding Supplier for Fiscal Year 2004 - 2005. COMMUNITY &
        NEIGHBORHOOD SERVICES
o PUBLIC HEARINGS:
     A. Spreading of the Special Assessment Roll for Walnut Street, Wilcox to
        Thompson. EGINEERING
     B. Spreading of the Special Assessment Roll for Sherman Blvd., Lincoln to
        Beach. ENGINEERING
     C. Spreading of the Special Assessment Roll for Torrent Street. Sherman to
        Letart. ENGINEERING
     D. Spreading of the Special Assessment Roll for Austin. Barney to Delano.
        ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
          A. Amendment to Brownfield Plan - Art Works Apartments. PLANNING &
              ECONOMIC DEVELOPMENT
□    NEW BUSINESS:
         A. Steps to Reduce Outstanding Accounts Receivable. FINANCE
          B. Designation of Voting Delegate and Alternate Voting Delegate for MML
             Annual Meeting. CITY CLERK
         C. FIRST READING:                Zoning Ordinance Amendment for Alcohol Sales.
              PLANNING & ECONOMIC DEVELOPMENT
          D. Rezoning Request for Property Located at 407 Marquette Avenue (SE
             corner of Marquette Ave. and Wood St.). PLANNING & ECONOMIC
              DEVELOPMENT
□    ANY OTHER BUSINESS:
□    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 to the City Clerk.
►    Be recognized by the Chair.
·►   Step forward to the microphone.
 ►   State name and address.
 ►   limit of 3 minutes to address the Commission.
►    {Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
□    ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date:      July 27, 2004
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 Commission
Worksession that was held on Monday, July 12, 2004; and the Regular
Commission Meeting that was held on Tuesday, July 13, 2004.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 27, 2004
    CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                 MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 27, 2004.
   Mayor Warmington opened the meeting with a prayer from City Treasurer
Derrick Smith 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.
2004-65 HONORS AND AWARDS:           Michigan Section America Water Works
         Association: Regional Taste off Winner
2004-66 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, July 12, 2004; and the Regular Commission Meeting
that was held on Tuesday, July 13, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. FIRST READING: Rezoning Request for Properties Located at 692 and
         706 W. Hackley. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 692 and 706 W.
Hackley, from R-1, Single Family Residential to either B-2, Convenience and
Comparison Business or B-4 General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request to rezone the
properties to B-2, Convenience and Comparison Business at the 7/15 meeting.
The vote was unanimous with S. Warmington and J Aslakson absent.
      C. Selection of Siding Contractors for Fiscal          Year   2004 -    2005.
         COMMUNITY & NEIGHBORHOOD SERVICE
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
sign contracts with Lewis E. Johnson, 16076 Bonita Ct, Grand Haven, Cutting
Edge Construction, 975 Washington, Muskegon and Gawlik Construction, 2084
Mary, Muskegon to install vinyl siding at an agreed price of $70.00 (Seventy
dollars) per building square for the siding program, 2004 - 2005 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2004-2005 CDBG Siding
fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
Consent Agenda with the exception of item d.
ROLL VOTE: Ayes: Carter,     Davis,    Gawron,     Larson,   Shepherd,     Spataro,
           Warmington
             Nays: None
MOTION PASSES
2004-67 ITEM REMOVED FROM THE CONSENT AGENDA:
      D. Selection of Siding Supplier for Fiscal Year 2004 - 2005. COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services
Department selection of the vinyl siding supplier for fiscal year 2004 - 2005. After
reviewing all bids, the department selected the lowest bid by Premier Building
Supplies located at 2151 S. Harvey, Muskegon for the price of $38.94 (Thirty-eight
dollars and ninety-four cents) per square for color.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005 Siding Fund.
BUDGET ACTION REQUIRED: None required at this time.
STAFF RECOMMENDATION: To approve the request
Motion by Commissioner Spataro, second by Commissioner Carter to approve
Premier Building Supplies as the supplier for vinyl siding for fiscal year 2004 -
2005.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
            Carter
            Nays: None
MOTION PASSES
2004-68 PUBLIC HEARINGS:
      A. Spreading of the Special Assessment Roll for Walnut Street. Wilcox to
         Thompson. EGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Walnut St., Wilcox to Thompson, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $12,641.10 would be spread against the thirteen
(13) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:39 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 5:40 p.m. and approve the special assessment roll for Walnut
Street, Wilcox to Thompson, and adopt the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
           Davis
            Nays: None
MOTION PASSES
      B. Spreading of the Special Assessment Roll for Sherman Blvd .• Lincoln to
         Beach. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Sherman Blvd., Lincoln to Beach and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $38, 155.33 would be spread against the eighteen
( 18) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:40 p.m. to hear and consider any comments
from the public. Comments were heard from Ann Harker, 2432 Sherman; Dottie
Kamp, 2494 W. Sherman; and a letter was received from Melvin Omstott, 2442
Sherman.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 5:47 p.m. and approve the special assessment roll for Sherman
Blvd., Lincoln to Beach and adopt the resolution.
ROLL VOTE: Ayes: Larson,   Shepherd,   Spataro,   Warmington,     Carter,   Davis,
           Gawron
            Nays: None
MOTION PASSES
      C. Spreading of the Special Assessment Roll for Torrent Street. Sherman to
         Letart. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Torrent St., Letart Ave. To Sherman Blvd, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $11,572.54 would be spread against the four (4)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:49 p.m. and approve the special assessment roll for Torrent
Street, Sherman to Letart and adopt the resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington,        Carter,   Davis, Gawron,
           Larson
            Nays: None
MOTION PASSES
      D. Spreading of the Special Assessment Roll for Austin. Barney to Delano.
         ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Austin, Barney to Delano, and to adopt the resolution confirming
the special assessment roll.
FINANCIAL IMPACT: A total of $54,002.10 would be spread against the forty-
seven (47) parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:50 p.m. to hear and consider any comments
from the public. Comments were heard from Dan Mangione, representative
from Westwood LLC, at 217 4 Austin.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:53 and approve the special assessment roll for Austin, Barney
to Delano and adopt the resolution.
ROLL VOTE: Ayes: Spataro,    Warmington,    Carter,   Davis,   Gawron,   Larson,
           Shepherd
             Nays: None
MOTION PASSES
2004-69 UNFINISHED BUSINESS:
      A. Amendment to Brownfield Plan - Art Works Apartments. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a Public Hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan.                 The
amendments are for the inclusion of property owned by Boiler Works, LLC in the
Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
an Art Works space (with residential and gallery space) will add to the tax base
of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the Public Hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the Public
Hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a
notice of the Public Hearing has been sent to taxing jurisdictions, and it has
been published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on June 21, 2004 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to amend the
Brownfield Plan to include the property owned by Boiler Works, LLC.
ROLL VOTE: Ayes: Warmington, Carter, Larson, Shepherd
             Nays: Davis, Gawron, Spataro
MOTION PASSES
2004-70 NEW BUSINESS:
      A. Steps to Reduce Outstanding Accounts Receivable. FINANCE
SUMMARY OF REQUEST: Staff is proposing several steps to deal with unpaid
account receivable balances including: l) an amnesty program to run from July
28th through September 17th during which time persons having delinquent
accounts will have a one-time opportunity to bring them current without penalty
or interest, 2) outsource billing for the environmental program to Paramount
Collections, 3) set a standard 30-day A/R appeal period and, 4) amend the fee
schedule for newly issued environmental invoices and building demolition
invoices to allow a 30% discount if paid within 30 days.
FINANCIAL IMPACT: These steps are intended to bring down outstanding A/R
balances prior to year-end. Tighter accounting standards allow us to recognize
only a portion of our total A/R balance at year-end. This will negatively impact
the general fund fund balance and we are attempting to minimize the effect.
BUDGET ACTION REQUIRED: None at this time. Depending on the success of
these steps, the budget at year-end will need to be adjusted to some degree
due to the tighter standards.
STAFF RECOMMENDATION: Staff recommends the                 commission   adopt   a
motion/resolution approving the above A/R initiatives.
COMMITTEE RECOMMENDATION: There is no committee recommendation.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
accounts receivable initiatives.
ROLL VOTE: Ayes: Carter,     Davis,   Gawron,    Larson,    Shepherd,    Spataro,
           Warmington
            Nays: None
MOTION PASSES
      B. Designation of Voting Delegate and Alternate Voting Delegate for MML
         Annual Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Spataro, second by Commissioner Carter to designate
Commissioner Shepherd as the voting delegate and City Clerk Gail Kundinger
as the alternate for the MML Annual Meeting.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
           Carter
            Nays: None
MOTION PASSES
      C. FIRST READING: Zoning Ordinance Amendment for Alcohol Sales.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 401 of Article IV (R-1, Single
Family Residential); Section 601 of Article VI (RT, Two Family Residential); Section
701 of Article VII (RM-1, Low Density Multiple-Family Residential); Section 801 of
Article VIII (RM-2, Medium Density Multiple-Family Residential); Section 901 of
Article IX (RM-3, High Density Multiple-Family Residential} to amend the Special
Land Use language in regards to permit uses serving and selling alcohol.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding alcohol sales.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 7/15 meeting. T. Harryman, B. Mazade, P.
Sartorius, T. Johnson, T._ Michalski, and L. Spataro voted in favor of the change.
B. Smith voted against. S. Warmington and J. Aslakson were absent.
Motion by Commissioner Spataro, second by Vice Mayor Larson to amend the
zoning ordinance language regarding alcohol sales.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, Davis
            Nays: Shepherd
MOTION PASSES- REQUIRES SECOND READING
      D. Rezoning Request for Property Located at 407 Marquette Avenue (SE
         corner of Marquette Ave. and Wood St.). PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 407 Marquette
Ave., at the SE corner of Marquette Ave. and Wood St., from R-1, Single-Family
Residential to B-1 Limited Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 6/10 meeting. Commissioners S. Warmington and B. Smith voted
against denial. Commissioner B. Mazade was absent.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with staff recommendation to deny the request to rezone property located at
407 Marquette.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron
           Nays: Larson
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Larson to waive the
fee for the Public Hearing for special use permit for 407 Marquette.
ROLL VOTE: Ayes: Spataro Warmington, Carter, Davis, Gawron, Larson
           Nays: Shepherd
MOTION PASSES
2004-71 ANY OTHER BUSINESS:
Motion by Commissioner Carter, second by Vice Mayor Larson to approve $285
coming out of Mayor Warmington's travel to pay Commissioner Shepherd's MML
registration.
ROLL VOTE: Ayes: Spataro,   Warmington,   Carter,   Davis,   Gawron,    Larson,
           Shepherd
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:30 p.m.
                                            Respectfully submitted,




                                            Gail A. Kundinger, MMC
                                            City Clerk
                  Commission Meeting Date: July 27, 2004




Date:        July 20, 2004
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Rezoning request for properties located at 692 and 706 W.
             Hackley.


SUMMARY OF REQUEST:

Request to rezone properties located at 692 and 706 W. Hackley, from R-1, Single
Family Residential to either B-2, Convenience and Comparison Business or B-4,
General Business.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request to rezone the
properties to B-2, Convenience and Comparison Business at their 7/15 meeting. The
vote was unanimous with S. Warmington and J. Aslakson absent




7/20/2004
                                                                                                                                                  •
City of Muskegon
Planning Commission                                                                                                                            w❖,
Case# 2004-26

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                    B-4
                                                                                                    RM-2 = Medium Density Multiple-Family Residential
                                                                                                    8-4   = General Business
                                                                                                    1-1 = Light I ndustria I

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  500                           0                          500                1000     Feet
                                                 Staff Report [EXCERPT]
                                                   CITY OF MUSKEGON
                                                 PLANNING COMMISSION
                                                   REGULAR MEETING
                                                        July 15, 2004


Hearing; Case 2004-26: Request to rezone the properties located at 692 W. Hacldey Ave and 706 W.
Hacldey Ave. from R-1, Single Family Residential to either B-2, Convenience and Comparison
Business or B-4, General Business, by Doug Glomb

BACKGROUND
Applicant: Doug Glomb
Address/Location of Subject Property: 692 & 706 W. Hackley
CuITent Use: Two residential houses
Current Zoning: R-1, Single Family Residential
Proposed Zoning: B-2, Convenience and Compmison Business or B-4, General Business


STAFF OBSERVATIONS
   I. The subject properties are located on Hackley Ave between Beidler St and Business - 31. CuITently
      there are two residential homes on the prope1ties. The property is located directly east of the Crown
      and Bridge Laboratory (dentist). To the South are residential uses and a muffler shop. Residential
      uses are on all other sides.
    2. The proposed use of this prope1ty is for a new Chalet House of Flowers. They are currently located
       in the city at 2100 Herny Street. The owners are looking to expand the business.
    3. The requirements for frontage and size are the same for B-2 as well as for 8-4 zoning Districts. The
       minimum lot size is I 0,980 squm·e feet with 100 feet of frontage. 706 Hackley has 12,920 sqft and
       692 Hackley has 6,460 sqft. Together they total to just under 20,000 sqft which is more than
       adequate for these zoning districts.
    4. Staff has offered up two zoning distiicts for discussion because of the nature of the area. The street is
       busy, being a direct entrance from Business - 31. There are other B-4 Zoning classifications in the
       near vicinity (the closest one is across Hackley). Staff is including the preambles for both districts
       below:

ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS


    PREAMBLE

The B-2 Convenience and Comparison Business Districts are designed for the convenience and community
shopping needs of residents in the Muskegon Area, and they are intended to be located in planned groups
near the intersection of major thoroughfares. All business establishments shall be retail or service
establishments dealing directly with consumers, and all goods produced on the premises shall be sold at
retail on the premises where produced. All business, servicing or processing, except off-street parking or
loading, shall be conducted within a completely enclosed building, unless othe1wise provided by this
Ordinance and specifically approved by the City.


City of Muskegon Planning Commission- 7/15/04-
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS


PREAMBLE

The B-4 General Business District is designed to provide for a wide variety of business activities including
automotive services and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3
Business Districts. Placement along presently developed major traffic arteries prevents the conflict of traffic
and pedestrian movement since the General Business District is characterized by a minimum of pedeshian
flow. The B-4 General Business Dishicts have been located in areas designated on the adopted Land Use
Plan.

    5. The B-4 district does allow the same uses as in a B-2 district. A big difference between the B-2 and
       the B-4 classification is that the B-4 allows some automotive services as principal uses. The B-4
       dish-ict allows more intense uses than the B-2 district.
    6. The Future Land-Use Map shows the subject property as Rl and RT residential. The map also
       shows across seaway and to the south of the property as commercial. The map shows what is
       currently residential is slated for the future as residential.
    7. The subject property is located in Sub-Area 6: Barclay Street Sub-Area:
         ♦ It is the goal of the Master Plan to retain the mixed-use character of Sub-Area 6 and to
           demonstrate how varying land uses may co-exist, as well as compliment each other.
         ♦ The area lying between Henry Sh·eet and Seaway Drive is slowly becoming a solid core area of
           commercial development. While some residential and industrial uses do exist, it is anticipated
           they will ultimately be replaced by commercial facilities.
         ♦ Sub-Area issue: There is a lack of buffering between commercial and residential development.
         ♦ Sub-Area issue: Due to its location, the City may experience a demand for the expansion of
           commercial development between Herny Street and Seaway Drive. This would necessitate the
           removal of homes (located in the area between Hackley and Young Streets). The City has
           invested considerable funds in this area for purposes of maintaining its residential character.
         ♦ Master Plan Recommendation: Implement, through zoning, controls to ensure adequate buffers
           between commercial and residential development.
         ♦ Master Plan Recommendation: Complete the full commercial development of that area lying
           between Henry Street, Laketon Avenue, Seaway Drive, and Shennan Boulevard.
    8. Staff has received the following public comments:
         ♦    Mr. Derouin of 696 Hancock left a phone message saying : As far as he is concerned go ahead
              and do it.
         ♦    Betty Sifuentes of 2231 Poliski called in on 7/9 to say she has lived here all her life and is
              concerned about the junk and noise. She does not want to have to move. She does not want more
              noise. She says her sister lives next door and does not want it either.

PHOTOS




City of Muskegon Planning Commission~ 7/15/04
City of Muskcgon Planning Commission - 7/15/04
RECOMMENDATION
The future land use map shows these properties as residential, however the Master plan calls for the
development of this area as commercial. Either of these Zoning classifications would work for the proposed
business. The area already has B-4 in the vicinity. Staff is comfmtable with either zoning classification
although the B-2 would be of a lower intensity and may se1ve to buffer the residential units behind the
property from traffic and higher intensity uses. While the proposed zoning does not agree with Future Land
Use Map, this proposed zoning may be a positive for the area.

DELIBERATION
C1iteria-based questions typically asked duling a rezoning include:

I . \Vhat, if any, identifiable conditions related to the petition have changed which justify the petitioned
    change in zoning.

2. What are the precedents and the possible effects of precedent which might result from the approval
   or denial of the petition.

3. What is the impact of the amendment on the ability of the city to provide adequate public services and
   facilities and/or programs that might reasonably be required in the future if the petition is approved.

4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
   suffounding prope1ty.

5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the
   City.

6. Are there any significant negative environmental impacts which would reasonably occur if the
   petitioned zoning change and resulting allowed structures were built such as:

         a.        Surface water drainage problems
         b.        Waste water disposal problems
         c.        Adverse effect on swface or subswface water quality
         d.        The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife
                   areas.


Excerpt from draft of Minutes from July 15, 2004 Planning Commission Meeting

Heaiing: Case 2004-26: Request to rezone the properties located at 69_2 W. Hackley Ave and 706 W. Hackley Ave. from R-1.
Single Family Residential to either B-2, Convenience and ConJl)_flrison Business or B-4, General Business, by Doug Glomb. B.
Lazor presented the staff report. The subject properties are located on Hackley Ave between Beidler St and Business - 31.
Cun-ently there are two residential homes on the properties. The property is located directly east of the Crown and Bridge
Laboratory (dentist). To the South are residential uses and a muffler shop. Residential uses are on all other sides. The proposed use
of this property is for a new Chalet House of Flowers. They are currently located in the city at 2100 Herny Street. The owners are
looking to expand the business. The requirements for frontage and size are the same for B-2 as well as for B-4 zoning Districts.
The minimum lot size is 10,980 square feet with 100 feet of frontage. 706 Hackley has 12,920 sq. ft. and 692 Hackley has 6,460 sq.
ft. Together they total to just under 20,000 sq. ft. which is more than adequate for these zoning districts. Staff has offered up two
zoning distiicts for discussion because of the nature of the area. The street is busy, being a direct entrance from Business - 31.
There are other B-4 Zoning classifications in the near vicinity (the closest one is across Hackley). TI1e commission members were
provided with the preambles for both zoning districts. The B-4 district does allow the same uses as in a B-2 district. A big
difference between the B-2 and the B-4 classification is that the B-4 allows some automotive services as principal uses. The B-4
district allows more intense uses than the B-2 district. The Future Land-Use Map shows the subject property as Rl and RT

City of Muskegon Planning Commission-7/15/04
residential. The map also shows across Seaway and to I.he south of the property as commercial. The map shows what is cun-ently
residential is slated for the future as residential. The subject property is located in Sub-Area 6: Barclay Street Sub-Area: a) It is the
goal of the Master Plan to retain the mixed-use character of Sub-Area 6 and to demonstrate how vmying land uses may co-exist, as
well as compliment each other. b) The area lying between Herny Street and Seaway Drive is slowly becoming a solid core area of
commercial development. While some residential and industrial uses do exist, it is anticipated they will ultimately be replaced by
commercial facilities. c) Sub-Area issue: There is a lack of buffering between c01mnercial and residential development. d) Sub-
Arca issue: Due to its location, the City may experience a demand for the expansion of commercial development bet\veen Herny
Street and Seaway Drive. This would necessitate the removal of homes (located in the area between Hackley and Young Streets).
The City has invested considerable funds in this area for purposes of maintaining its residential character. e) Master Plan
Recommendation: Implement, through zoning, controls to ensure adequate buffers between commercial and residential
development. f) Master Plan Rec01mnendation: Complete the full commercial development of that area lying between Henry
Street, Laketon Avenue, Seaway Drive, and Sherman Boulevard. Staff has received the following public comments: I) Mr.
Derouin of 696 Hancock left a phone message saying : As far as he is concerned go ahead and do it. 2) Betty Sifuentes of 2231
Poliski called in on 7/9 to say she has lived here all her life and is concerned about the junk and noise. She does not want to have to
move. She does not want more noise. She says her sister lives next door and does not want it either. C. Judes of 2229 Poliski called
and is okay with a flower shop going in there, but opposes more noise. The future land use map shows these properties as
residential, however the Master plan calls for the development of this area as commercial. Either of these Zoning classifications
would work for the proposed business. The area already has B-4 in the vicinity. Staff is comfortable with either zoning
classification although the B-2 would be of a lower intensity and may se1ve to buffer the residential units behind the property from
traffic and higher intensity uses. While the proposed zoning does not agree with Future Land Use Map, this proposed zoning may
be a positive for the area

B. Smithanived at4:09 p.m.

L. Spataro stated tl1at it is good to see local businesses expanding. He asked the applicant if they had looked at other properties that
have tl1e con-eel zoning already. D. Glomb stated tlrnt they liked the location. L. Spataro asked if the homes would be moved or
demolished. D. Glomb stated that they wouldn't be able to be moved due to the age of the homes. They will both be demolished
and they will build a 2500 sq. ft. building on the site. L. Spataro asked about sheltering tl1e business from tl1e neighboring
residential properties. D. Glomb stated that they would work with the Planning Commission and do whatever is needed.


A motion to close the public hearing was made by L. Spataro, supported by T. Harryman and unanin10usly approved.

T. Johnson stated that this would be a good transitional area. It is hard to imagine new housing going there. He would be okay with
a B-2 zoning district recommendation) but felt that B-4 would be too intense for the area. T. Hanyman agreed. T. Johnson asked if
there were any limitations to building size in the B-2 zoning district. B. Lazor stated that under a B-1 zoning district, there are
limitations, but not under a B-2. L. Spataro stated that he has some concerns with this, but felt if it were rezoned there should be
appropriate screening to the residential neighborhood. He could support a B-2 zoning. T. Johnson suggested having the site plan
go before the Planning Commission due to the fact the commission members had some concerns with screening, L. Spataro stated
that he would agree, but since the Planning Department is low on staff, he would be willing to allow the administration to view it
because the applicant and staff has heard the concerns of the Planning Commission. B. Mazade agreed. He felt that screening is
critical and that staff could review the site plan. T. Michalski felt that staff could approve tl1e site plan.

A motion that the request to rezone properties at 692 and 706 W. Hackley, from R-1, Single Family Residential to B-2,
Convenience and Comparison Business should be recommended for approval to the City Commission pursuant to the City of
Muskegon Zoning Ordinance, and the dete1mination of compliance with the intent of the City Master Land Use Plan and zoning
district intent, was made by B. Mazade, supported by T. Johnson and unanimously approved.




City of Muskegon Planning Commission- 7/15/04
                                        CITY OF MUSKEGON

                                MUSKEGON COUNTY, MICHIGAN

                                    ORDINANCE NO. 2137

An ordinance to amend the zoning map of the City to provide for a zone change for certain properties
      from R-1 "Single Family Residential" to B-2 "Convenience and Comparison Business"

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described prope1ties from R-1 "Single Family Residential" to B-2 "Convenience and Comparison Business":

CITY OF MUSKEGON RIEGLERS SUB LOT 5

CITY OF MUSKEGON RIEGLERS SUB LOTS 3 & 4

This ordinance adopted:

       Ayes:  Carter, Davis, Gawron, Larson, Shepherd, Spataro,
             Warmington
       Nayes: None


Adoption .Date:     July 27,     2004

Effective Date:     August 12, 2004

First Reading:      July 27,     2004

Second Reading: __N
                  _:/_A
                      _ _ _ __ __ _ __
CERTIFICATE (Rezoningof692 and 706 W. Hackley R-1 to B-2)


        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
                                                                                                     th
City Commission of the City of Muskegon, at a re!,rular meeting of the City Commission on the 27 day of
July, 2004, at which meeting a quorum was present and remained throughout, and that the original of said
ordinance is on file in the records of the City of Muskegon. I further ce1tify that the meeting was conducted
and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as required
thereby.                                                                 . /

DATED: July 27                    , 2004.           ~ D. ~;;..__,
                                               Gail A. Kundinger, MMC
                                               Clerk, City of Muskegon



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

Please take notice that on July 27, 2004, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following properties
from R-1 "Single Family Residential" to B-2 "Convenience and Comparison Business":

CITY OF MUSKEGON RIEGLERS SUB LOT 5

CITY OF MUSKEGON RIEGLERS SUB LOTS 3 & 4


Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

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

Published   df,y £/S j      ,..,2 , 2004              CITY OF MUSKEGON

                                                      By _ _ _ _ _ _ _ _ _ _ _ __
                                                           Gail A. Kundinger, MMC
                                                           City Clerk
        Commission Meeting Date:            July 27, 2004




Date:      July 21, 2004
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Selection of Siding Contractors for fiscal year
           2004-2005


SUMMARY OF REQUEST: To approve Community and Neighborhood
Services to sign contracts with Lewis E. Johnson, 16076 Bonita Ct,
Grand Haven, Cutting Edge Construction, 975 Washington, Muskegon
and Gawlik Construction, 2084 Mary, Muskegon to install vinyl siding at
an agreed price of $70.00 (Seventy dollars) per building square for the
siding program, 2004 - 2005 fiscal year.

FINANCIAL IMPACT: Funding will be disbursed from the 2004 - 2005
CDBG Siding fund.



BUDGET ACTION REQUIRED: None at this time.



STAFF RECOMMENDATION: To approve request.



COMMITTEE RECOMMENDATION: None
                       2004-2005 Vin~I Siding Installer Bid Results

                                                      Installers
               1V1easure                                                     l:>aWIIK
    Material     men!      Wasco      Hollis   Cutting Edge Lewis Johnson Constructions
Siding         sa.             40        0.45            65            70              70
Fascia         ft.             1.6         0.9            1             1               1
Soffit         ft.             1.6         1.1            1             1               1
DoorWrap       ea.             25           24           25            25              30
WindowWrap     ea.             20           24           25            25              30
Wood           ft.             22            1            1             1               1
TreatedWaod    ft.             22          1.5            1             1               1
FanFold        sq.               5       0.25            10             8              10
Tyvek          sq.               5       0.25            10             8              10
TyvekCap       ft.             5.2         1.5          0.5             1             0.5
               Total       $147.40   $ 54.95 $     139.50    $        141.00 $   154.50
                    Cost Estimate For A Story and 1/2 Home

       Cuttin Edae Construction                     John Gawlik Construction
   Material   Measurements    Cost             Material   Measurements      Cost
Siding           18.75 sa     1218.75       Sidina           18.75 sq        1312.5
Fascia             205 ft         205       Fascia             205 ft            205
Soffit             205 ft         205       Soffit             205 ft            205
DoorWrao             2             50       DoorWrap             2                60
WindowWrap          20            500       WindowWrap          20               600
Wood               385 ft         385       Wood               385 ft            385
TreatedWood         51 ft          51       TreatedWood         51 ft             51
FanFold          18.75 sa       187.5       FanFold          18.75 sq         187.5
Tyvek            18.75 sq       187.5       Tvvek            18.75 sa         187.5
TyvekCao           150 ft          75       TvvekCao           150 ft             75
Total                      $3,064.75        Total                       $ 3,268.50

            Lewis E. Johnson                            Wasco Construction
   Material   Measurements      Cost           Material    Measurements     Cost
Sidina             18.75 sa      1312.5     Sidina            18.75 sq           750
Fascia               205 ft         205     Fascia              205 ft          26.5
Soffit               205 ft         205     Soffit              205 ft          26.5
DoorWrao               2             50     DoorWrap              2               50
WindowWrap            20            500     WindowWrao           20              400
Wood                 385 ft         385     Wood                385 ft          8470
TreatedWood           51 ft          51     TreatedWood          51 ft          1122
FanFold            18.75 sq         150     FanFold           18.75 sa         93.75
Tvvek              18.75 sq         150     Tvvek             18.75 sq         93.75
TvvekCao             150 ft         150     TwekCap             150 ft           780
Total                        $3,158.50      Total                        $11,812.50

            Hollis Construction
   Material     Measurements      Cost
Sidina              18.75 sa         8.43
Fascia                205 ft        184.5
Soffit                205 ft        225.5
DoorWrap                2              48
WindowWrao             20             480
Wood                  385 ft          385
TreatedWood            51 ft         76.5
FanFold             18.75 sq         4.62
Tyvek               18.75 sq         4.62
TvvekCao              150 ft          225
Total                          $1,642.17
         Commission Meeting Date:            July 27, 2004




Date:       July 21, 2004
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:         Selection of Siding Supplier for fiscal year 2004 -
            2005


SUMMARY OF REQUEST: To approve Community and Neighborhood
Services department selection of the vinyl siding supplier for fiscal year
2004 - 2005. After reviewing all bids, the department selected the
lowest bid by Premier Building Supplies located at 2151 S. Harvey-
Muskegon for the price of $38.94 (thirty-eight dollars and ninety-four
cents) per building square for white and $39.94 (thirty.nine dollars and
ninety-four cents) per square for color.



FINANCIAL IMPACT: Funding will be allocated from the 2004 - 2005
Siding fund.


BUDGET ACTION REQUIRED: None required at this time



STAFF RECOMMENDATION: To approve the request



COMMITTEE RECOMMENDATION: None
                   2004-2005 Vinyl Siding Sui;1i;1lier Bid Results

                                                     Suppliers
                           Premier Muskegon Premier-GR ABC Supply              Carter    Menards
  Supplies/est. Amounts
White              18.75sq             730.21        721.87           755.43    712.31      785.25
J Vinyl                  45            100.35           126           110.25    134.55       166.5
Outside                  14            108.92           128           122.92    139.44      158.62
Inside                    6             32.28          34.8             30.9     41.94       45.54
Utility Trim             15             33.45         48.75            39.75     55.35       48.75
Fascia                   20              62.6            64             62.2      89.8        99.6
Soffit                   20             136.4           144            122.2     179.8       156.8
Coil                      4            181.16           210            195.4    199.96      206.35
Start                    15             38.85         24.75            34.95     29.85        55.2
Nails                  Bibs              6.24             8                6      7.92        9.76
Caulk                     5             19.75            18             17.5         0       14.95
Trim Nails             5Ibs             18.75          22.5            19.95         0        34.4
RJ Blocks                 2              7.32             9             7.96     19.98        9.54
EJ Blocksq                2              8.92             9             7.96     19.98        8.92
DryerVent                 1              7.05             7             3.98      8.99        6.94
Vents                     8            141.84           200              144    207.92      164.48
Fanfold           18.75 sq             242.81         275.5              231    468.56      233.43
HouseWrap         18.75 sq                 75            72           131.25     187.5      131.25
Total                       $        1,951.90   $ 2,123.17     $ 2,043.60 $2,503.85      $2,336.28

w/Any Color                            749.06          743.5          768.75                749.25
Total Color                $         1,970.75   $ 2,144.80     $ 2,056.92                $2,300.28

Darker Color                                                          821.62                785.25
Total Dark                                                     $ 2,109.79                $2,336.28

Hickory                                                                                        873
Total Hickory                                                                            $2,424.03



Premier Building Products-Muskegon              Premier Building Products-Grand Rapids
2151 Harvey                                     2544 Thornwood St. SW
Muskegon, Ml 49442                              Wyoming, Ml 49509



ABC Supply                                      Menards
123 W. Sherman Blvd                             5487 Harvey
Muskegon, Ml 49444                              Fruitport, Ml 49415



Carters
2626 E. Apple Ave
Muskegon, Ml 49442
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          July 27, 2004

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Walnut St., Wilcox to Thompson




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Walnut St., Wilcox to
Thompson, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$12641.10 would be spread against the thi1ieen (13) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
July 16, 2004




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE




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



   NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:

The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:

                                WALNUT ST., WILCOX TO THOMPSON

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JULY 27, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JULY 27, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.




The final projected cost of the street improvement portion of the project is $30,000.00 of which
$12,641 .10 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $435 based on 25 feet assessable front footage at $17.4 per assessable foot for the street
improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $435 Following are the terms
of the special assessment:

                                 Assessment Period: Ten (10) Years
                                      Interest Rate: 5% per year
                                  First Installment: $43.5 PER YEAR
                                   Due Date: September 27th, 2004
  The total assessment may be paid in full any time prior to the due date shown above
  without interest being charged. After this date, interest will be charged at the rate
  shown above on the outstanding balance. Assessments also may be paid over a ten
  year period in ten equal principal installments. If you pay your assessment in
  installments, your annual installment (including interest) will be included as a separate
  item on your property tax bill each year. Therefore, if you pay your property taxes
  through a mortgage escrow agent, you should notify them of this change. Early
  payments may be made at any time and are encouraged.

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

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

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


  Sincerely,


·~/4~& z__,-e'/ flcMfl(
  Mohammed AI-Shatel, P.E.
  City Engineer




  Enclosures
                                                        LlTY UJ• MIJSKJ<;GUN
                                           STREET H-1531
                              SHERMAN BLVD., LINCOLN ST. to BEACH ST.
                        CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
                                                HOUSEHOLD INFOR1\1ATION

N a m e : - - - - - - - - - - - - - - ~ Birthdate: _ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _ Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phoue: _ _ _ _ _ _ _ _ _ _ _ _ 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._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birtbdate_ _ _ _ _ _ _ _.Social Security# _ _-_ _ -_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate                                                   Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate                                                   Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate                                                   Social Security# _ _-_ _-_ _



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

                                                                                Wage earner:

                                                                                Wage earner:

                                            Total:       $

                                                  \PR.OPERTY INFORMATION

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

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

Property Taxes: ( ) Current         ( ) Delinquent           Year(s) Due
(Property taxes must be cmTent to qualify and will be verified by CDBG staft)

                                                       OWNER'S SlGNATURE
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infotmation 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 APRIL 15, 2004
                                                      FOROFFICEUSE ONLY
APPROVED (             DENIED ( )          DATE _ _ _ _ CENSUS TRACT NO.

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

COMMENTS/REMARKS
                                            **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                 CITY OF MUSKEGON
                                                   STREET- H-1531
                                      SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
                                      REQUEST FOR W AIYER OF SPECIAL ASSESSMENT
 Note: You may receive this application several times - If you have already applied, please discard.
Dear Resident:
      The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
      may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Comm unit:
      Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
      program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓    Applicants must submit proof that their total household income does not exceed 65% of Area Median
     Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
     2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
     income.
                                                          2002
                                              165% MEDIAN HOUSEHOLD INCOME CHART I
                                                  FAMILY SIZE                 INCOME LIMIT

                                                         1                          $27,885
                                                        2                            31,850
                                                         3                           35,880
                                                        4                            39,845
                                                         5                           43,030
                                                        6                            46,326
                                                         7                           49,400
                                                         8                           52,585
                                                For each extra, add                  3,185

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

✓   Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                   Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verifji all application information, and to reject any applications that contain.falsified i11formatio11 or insufficien
documentation.
                     Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

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

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

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

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

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

                                    SPECIAL ASSESSMENT DISTRICTS:

                            AUSTIN ST., BARNEY A VE. TO DELANO AVE.
                           SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
                          TORRENT ST., LETART A VE. TO SHERMAN BLVD.
                                             AND
                           WALNUT ST., WILCOX ST. TO THOMPSON AVE.

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

                     •    All parcels abutting Austin St. from Barney Ave. to Delano Ave.
                    • All parcels abutting Sherman Blvd. from Lincoln St. to Beach St.
                 •   All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
                                                   and
                  • All parcels abutting Walnut St from Wilcox St. to Thompson Ave.

PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on July 27, 2004 at 5:30 p.m.

At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.

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

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

                                                                          Gail A. Kundinger, City Clerk
Publish: JULY 17, 2004
                                              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 Terrace Street, Muskegon, MI 49440
                                 (231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267

O:\ENGINEERING\COMMON\2004 PROJECTS MASTER\Projccls\Tonent,Shennan to Lctai1\T01Tent SA Confinn Chronicle Notice.doc
                                                                                  lN3l-'lll:ll/d30 0N11:133Nl0N3


                                     CITY OF MUSKEGON
                                                                                        ~ooz £: o 833          ·
                                                                                    N003)1SnV'I ::JO A.ii~
                                                                                         03/\1383H
                                   Resolution No. 2004-1 l(c)


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


 RECITALS:

 I.   A hearing has been held on January 27, 2004 at 5:30 o'clock p.m. at the City
      Commission Chambers. Notice was given by mail and publication as required by
      law.

2.    That estimates of costs of the project, a feasibility report and valuation and benefit
      information are on file with the City and have been reviewed for this hearing.

3.    At the hearing held January 27, 2004, there were 24.09% objections by the owners of
      the property in the district registered at the hearing either in writing received before or at
      the hearing or by owners or agents present at the hearing, and the Commission has
      considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOLVED:

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

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

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 40% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson

       Nays: None


                                                            CITY OF MUSKEGON


                                                            By   Ii    ~l,   Q L"'--jf'
                                                                  Gail A Kundinger, Clerk


                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on January 27, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON


                                                    By    ~o.L~~--
                                                                6
                                                            Gail A. Kundinger, Clerk
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                                                            H 1576                       HEARING DATE   JULY 27, 2004

                                         WALNUT ST., WILCOX TO THOMPSON

                                           SPECIAL ASSESSMENT ROLL
                                                                                                                DR APP
PARCEL               @                  OWNER                     MAILING ADDRESS                    PAVING      /SW         TOTAL
24-205-728-0016-0   3339.0 WILCOX AVE   LEGGETT MELVIN TR   2023 ADDISON ST   MUSKEGON   Ml 49441    $435.00     $0.00      $435.00

24-205-728-0015-0   1852.0 WALNUT ST    LEGGETT MELVIN TR   2023 ADDISON ST   MUSKEGON   Ml 49441    $870.00     $0.00      $870.00

24-205-728-0014-0   1860.0 WALNUT ST    KOLBERG KIRK N      1860 WALNUT ST    MUSKEGON   Ml 49441    $870.00     $0.00      $870.00

24-205-728-0012-0   1872.0 WALNUT ST    BAKKE LEONG/LINDA 1872 WALNUT ST      MUSKEGON   Ml 49441   $1,740.00    $0.00    $1,740.00

24-205-728-0011-0   1880.0 WALNUT ST    GOFF SHIRLEY A      1880 WALNUT ST    MUSKEGON   Ml 49441    $870.00     $0.00      $870.00

24-205-728-0009-0   3320.0 THOMPSON A   UNITED PENTECOSTA 3320 THOMPSON AVE MUSKEGON     Ml 49441    $878.70     $0.00      $878.70

24-205-729-0001-0   1847.0 WALNUT ST    BLAKEMAN JOEL C     1847 WALNUT ST    MUSKEGON   Ml 49441    $870.00     $0.00      $870.00

24-205-729-0004-0   1851.0 WALNUT ST    PENA JESUS R/EVA M 1851 WALNUT ST     MUSKEGON   Ml 49441    $870.00     $0.00      $870.00

24-205-729-0005-0   1861.0 WALNUT ST    TORRESEN KATHLEE    1861 WALNUT ST    MUSKEGON   Ml 49441    $870.00     $0.00      $870.00

24-205-729-0006-0   1867.0 WALNUT ST    ABBOTT CHRISTOPHE 1867 WALNUT ST      MUSKEGON   Ml 49441    $870.00     $0.00      $870.00

24-205-729-0007-0   1873.0 WALNUT ST    BULLION LOYD        1873 WALNUT ST    MUSKEGON   Ml 49441    $870.00     $0.00      $870.00

24-205-729-0008-0   1879.0 WALNUT ST    SWENSON RICHARD     1879 WALNUT ST    MUSKEGON   Ml 49441   $1,740.00    $0.00    $1,740.00

24-205-729-0010-0   3324.0 THOMPSON A   POOL GERARD N TRU 3324 THOMPSON AVE MUSKEGON     Ml 49441    $887.40     $0.00      $887.40




 7/13/2004
                                                                                                                   Page 1 of 2
                                 H 1576                           HEARING DATE   JULY 27, 2004

                       WALNUT ST., WILCOX TO THOMPSON

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

             TOTALS                                                       $12,641.10      $0.00 $12,641.10

                                       PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1


                               BOARD OF ASSESSORS




                                                           'f5-ct-o'--j
                         STEP~~MISSIONER                        DATE


                         ~VIS   J] ~   CITY COMMl~l~'-1/ dD{E




 7/13/2004
                                                                                           Page 2 of 2
                     AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON )

 TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                    Walnut St. , Wilcox St. to Thompson

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
ST ATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 16TH DAY OF J   UARY 2004.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
c2nr£ DAY OF Ee,/imc/v           , 2004.
am·&o       ,J ~~
NOTARY PUBLIC, MUSKEGONCOUNTY, MICHIGAN
MY COMMISSION EXPIRES       1z-;;z   s-~c) 6
                                    CITY OF MUSKEGON

                                   Resolution No. 2004-68( a)


                       Resolution Confirming Special Assessment Roll

                          For Walnut St., Wilcox to Thompson


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on February 27, 2004, at the
       first hearing.

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

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

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

THEREFORE,BEITRESOLVED:

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

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten ( I 0) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per annum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

                            FOR Walnut St., Wilcox to Thompson
Continued...



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

This resolution passed.

Ayes: Gawron, Larson, Shepherd Spataro, Warmington, Carter, and Davis

Nays: None

                                                               City of Muskegon


                                               By~L-- O
                                                      ~--~- ~-
                                                       Gail A. Kundinger, MMC U
                                                       City Clerk



                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on July 27, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being July 27, 2004.



                                                              City of Mus     gon

                                               By _ +=-~~~~---l.....:=-=:::..== ~ ~-
                                                      Gail A. Kundinger, MMC
                                                      City Clerk
                             EXHIBIT A


        WALNUT ST., WILCOX ST. TO THOMPSON AVE

                SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Walnut St., \Viclox to Thompson
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                     Walnut St., Wilcox to Thompson

                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

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


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON )

      TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

              H-1576 Walnut St., Wilcox St. to Thompson.

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


                                            \ ar~~
UN !TED STATES MAIL RECEPTACLE ON THE 16th OF JULY#


                                    GAIL A. KUNDINGER, CITY C


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 10:t.1i DAY oF dt;/ u .s t=:    , 2004.
c&ndb /42, £t!d
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES  7-o?,r-o t,
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          July 27, 2004

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Sherman Blvd. Lincoln to Beach




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Sherman Blvd., Lincoln
to Beach, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$38,155.33 would be spread against the eighteen (18) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
July 16, 2004




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE                               )




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


   NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:

The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:

                            SHERMAN BLVD., LINCOLN ST. TO BEACH ST.

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JULY 27, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JULY 27, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $460,000.00 of which
$38,155.33 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $3515 based on 100 feet assessable front footage at $35.15 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $3515 Following are the
terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                      Interest Rate: 5% per year
                                 First Installment: $351.5 PER YEAR
                                  Due Date: September 27th, 2004
CDBG Approved You Owe $0.00
 The total assessment may be paid in full any time prior to the due date shown above
 without interest being charged. After this date, interest will be charged at the rate
 shown above on the outstanding balance. Assessments also may be paid over a ten
 year period in ten equal principal installments. If you pay your assessment in
 installments, your annual installment (including interest) will be included as a separate
 item on your property tax bill each year. Therefore, if you pay your property taxes
 through a mortgage escrow agent, you should notify them of this change. Early
 payments may be made at any time and are encouraged.

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

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

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


 Sincerely,


.~t[/~-d7ddft
 Mohammed AI-Shatel, P.E.
 City Engineer




 Enclosures
                                                         CITY UI<' MlJ:SKI<;GUN
                                            STREET H-1531
                               SHERMAN BLVD., LINCOLN ST. to BEACH ST.
                         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 infonnation)
Number Living in Household: _____ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name                                                         Birthdate                               Social Security# _ _-_ _-_ _
Name                                                         Birthdate                               Social Security# _ _-_ _-_ _
Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                       Social Security# _ _-_ _-_ _

                                                      INCOMEJ.NFORMATION

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

                                                                                      Wage earner:

                                                                                      Wage earner:

                                             Total:      $
                                                               ._ > ,· -'., '   . .         . ;
                                                   'PROPERTYINFORMATJON

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

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

Property Taxes: ( ) Current          ( ) Delinquent          Year(s) Due
(Property taxes must be current to qualify and will be verified by COBO staff)

                                                        OWNER'S SIGNATURE

Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation 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 APRIL 15, 2004
                                                       FOR OFFICE USE ONLY
APPROVED ( )           DENIED ( )          DATE _ _ _ _ CENSUS TRACT NO.

SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ _~ TITLE

COMMENTS/REMARKS
                                                   **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownel'Ship, and property insurance.
                                                CITY OF MUSKEGON
                                                  STREET- H-1531
                                     SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
                                     REQUEST FOR W AIYER OF SPECIAL ASSESSMENT
 Note: You may receive this application several times - If you have already applied, please discard.
Dear Resident:
      The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
      may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Comm unit
      Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
      program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
    Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
    2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
    mcome.
                                                         2002
                                             165% MEDIAN HOUSEHOLD INCOME CHART I
                                                 FAMILY SIZE                 INCOME LIMIT

                                                           I                      $27,885
                                                        2                          31,850
                                                        3                          35,880
                                                        4                          39,845
                                                        5                          43,030
                                                        6                          46,326
                                                        7                          49,400
                                                        8                          52,585
                                               For each extra, add                 3,185

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

✓   Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                   Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information, and to reject any applications that contain.falsified i1!formation or insufficien
documentation.
                    Special Assessment Payment Options

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

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

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

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

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

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

                                   SPECIAL ASSESSMENT DISTRICTS:

                           AUSTIN ST., BARNEY AVE. TO DELANO AVE.
                          SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
                         TORRENT ST., LETART A VE. TO SHERMAN BLVD.
                                            AND
                          WALNUT ST., WILCOX ST. TO THOMPSON AVE.

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

                     •    All parcels abutting Austin St. from Barney Ave. to Delano Ave.
                    • All parcels abutting Sherman Blvd. from Lincoln St. to Beach St.
                 • All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
                                                 and
                  • All parcels abutting Walnut St from Wilcox St. to Thompson Ave.

PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on July 27, 2004 at 5:30 p.m.

At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.

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

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

                                                                          Gail A. Kundinger, City Clerk
Publish: JULY 17, 2004
                                              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 Terrace Street, Muskegon, MI 49440
                                 (231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267

O:\ENGINEERING\COMMON\2004 PROJECTS MASTER\Projccts\Ton-cnt,Shennan to Leta1t\Tnncnt SA Confinn Chronicle Notice.doc
                                                                                      RECEIVED
                                                                                 CITY OF MUSKEGON
                                   CITY OF MUSKEGON
                                                                                     FEB 2 5 2004
                                 Resolution No. 2004-lB(e)                     ENGINEERING DEPARTMENT


              Resolution At First Hearing Creating Special Assessment District
                      For Sherman Blvd., Lincoln St. to Beach St.
                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

I.   A hearing has been held on February 10, 2004 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by
     law.

2.   That estimates of costs of the project, a feasibility rep011 and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held February 10, 2004, there were 60.14 % objections by the owners of
     the property in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability ofproce~ding with the project.

FINDINGS:

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

2.   The City Commission has considered the value of the property to be assessed and the
     value of the benefit to be received by each prope11y proposed to be assessed in the district
                      0

     after the improve ments have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed iri an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

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

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

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 7.27% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd


       Nays None



                                                            CITY OF MUSKEGON



                                                           ",.k,oLr'
                                                                 Gail A. Kundinger, Clerk


                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on February IO, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON


                                                    By    ~QLaw
                                                              d
                                                           Gail A. Kundinger, Clerk
                                                               H 1531                        HEARING DATE   JULY 27, 2004

                                      SHERMAN BLVD., LINCOLN ST. TO BEACH ST.

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

24-205-686-0008-0   2596.0 SHERMAN BLV     MURPHY CHAD/RITA L 2596 W SHERMAN BL MUSKEGON     Ml 49441   $3,708.33    $0.00    $3,708.33

24-205-686-0010-0   2572.0 SHERMAN BLV     RAHRIG EUGENE       2572 W SHERMAN BL MUSKEGON    Ml 49441   $3,515.00    $0.00    $3,515.00

24-205-686-0012-0   2566.0 SHERMAN BLV     KNOP MARYK          2566 W SHERMAN BL MUSKEGON    Ml 49441   $3,515.00    $0.00    $3,515.00

24-205-686-0014-0   2550.0 SHERMAN BLV     MCMILLEN DONALD J   2550 W SHERMAN BL MUSKEGON    Ml 49441   $1,757.50    $0.00    $1,757.50

24-205-685-0011-0   2586.0 FOUNTAIN ST     SHIELDS JAMES J     2586 FOUNTAIN ST   MUSKEGON   Ml 49441   $1,722.35    $0.00    $1,722.35

24-205-685-0012-0   2520.0 SHERMAN BLV     BENEDICT VICTORIA   2520 W SHERMAN BL MUSKEGON    Ml 49441   $1,751.88    $0.00    $1,751.88

24-205-685-0013-0   2516.0 SHERMAN BLV     OPLINGER PAUL/SHEi 2516 W SHERMAN BL MUSKEGON     Ml 49441   $1,853.81    $0.00    $1,853.81

24-205-685-0014-0   2510.0 SHERMAN BLV     LAIRD DONALD R TRU 2510 W SHERMAN BL MUSKEGON     Ml 49441   $1,819.01    $0.00    $1,819.01

24-205-685-0015-0   2500.0 SHERMAN BLV     HALLMAN WENDELL M 2500 W SHERMAN BL MUSKEGON      Ml 49441   $1,748.36    $0.00    $1,748.36

24-205-685-0016-0   2494.0 SHERMAN BLV     KAMP PAUL           2494 W SHERMAN BL MUSKEGON    Ml 49441   $1,819.01    $0.00    $1,819.01

24-205-685-0017-0   2488.0 SHERMAN BLV     MASKELL ROBERT M    2488 W SHERMAN BL MUSKEGON    Ml 49441   $1,818.66    $0.00    $1,818.66

24-205-685-0018-0   2480.0 SHERMAN BLV     JACOBSON MARK L     2480 W SHERMAN BL MUSKEGON    Ml 49441   $1,748.36    $0.00    $1,748.36

24-205-685-0019-0   2474.0 SHERMAN BLV     BARDING JACK        2474 W SHERMAN BL MUSKEGON    Ml 49441   $1,817.26    $0.00    $1,817.26

24-205-685-0020-0   2587.0 GROVE ST        MORTENSON MARGA     2587 GROVE ST      MUSKEGON   Ml 49441   $1,757.50    $0.00    $1,757.50

24-205-670-0007-0   2442.0 SHERMAN BLV     ONSTOTT MELVIN      2442 W SHERMAN BL MUSKEGON    Ml 49441   $3,515.00     $0.00   $3,515.00

24-205-670-0009-0   2432.0 SHERMAN BLV     HARKER ANNE M       2432 W SHERMAN BL MUSKEGON    Ml 49441   $1,652.05     $0.00   $1,652.05

24-205-670-0010-0   2414.0 SHERMAN BLV     MOAT JOSEPH B       836 DYKSTRA RD     MUSKEGON   Ml 49445   $2,636.25    $0.00    $2,636.25

24-205-694-0001-0   2801 .0 LAKES HORE D   MUSKEGON COUNTR     2801 LAKESHORE DR MUSKEGON    Ml 49441       $0.00    $0.00           $0.00



  7/12/2004                                                                                                            Page 1 of 2
                                           H 1531                           HEARING DATE   JULY 27, 2004

                      SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
                           SPECIAL ASSESSMENT ROLL
                                                                                                 DR APP
PARCEL        @         OWNER                     MAILING ADDRESS                      PAVING      /SW         TOTAL


             TOTALS                                                                 $38,155.33      $0.00 $38,155.33

                                                 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1


                                        BOARD OF ASSESSORS



                                   ntm,rn, n'RCCTOR,C-             ~/_,,
                                      , /Ya \         '   n'   eQOAU,,¼;-7,'~{
                            fj_J/''.'?J
                            KEVI
                             ~ DAVIS
                                   ~
                                        -'-'-'         ;]__ yt)
                                                    c,n-coJ,¢s,~/
                                                                 ER   ,f   DATE


                            BILL LARSON          CITY COMMISSIONER         DATE




 7/12/2004
                                                                                                     Page 2 of 2
                         AFFIDAVIT OF MAILING


ST ATE OF MICHIGAN      )
                        ) ss
COUNTY OF MUSKEGON)

 TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                   Sherman Blvd.;. Lincoln St. to Beach St.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 30TH D A Y ~ Y , 2004.

                                             CL.L   Q,             .
                                         GAIL A. KUNDINGER, CITY   LERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 /Ith DAYOF Ft>,,bCUtlr''t.'   7
                                 ,2004.

 cvi,1'.l-&,C\   J. Id-6/L
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES   'I-<{:,- -O (;
{f)
                                    CITY OF MUSKEGON

                                   Resolution No. 2004-68(b)


                       Resolution Confirming Special Assessment Roll

                             For Sherman Blvd. Lincoln to Beach


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

I.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on February 10, 2004, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
       the rate of five (5) percent per annum to be paid in addition to the principal payments on
       the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL

                            FOR Sherman Blvd., Lincoln to Beach
Continued...



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

This resolution passed.

Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron

Nays: None

                                                               City of Muskegon



                                                       Gail A. Kundinger, MMC
                                                       City Clerk



                                           CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on July 27, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being July 27, 2004.



                                                              City of Muskegon


                                               By     LDLLdi, ,
                                                      Gail A. Kundinger, MMC
                                                      City Clerk
                                  EXHIBIT A


                   Sherman Blvd., Lincoln St. to Beach St.

                     SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Sherman Blvd., Lincoln St. to Beach St•.
LOCATION MAP




                             MUSKEGON LAKE
                                -------------..._/
                   -----15
                         •




 MUSKEGON COUNTRY CLUB
       GOLF COURSE




               PROJl::CT LOCATION
                     Sherman Blvd., Lincoln to Beach

                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

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


STATE OF MICHIGAN     )
                      ) ss
COUNTY OF MUSKEGON)

       TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

             H-1531 Sherman Blvd., Lincoln St. to Beach St.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT.THE ADDRESS SHOWN ON SAID LAST
TAX ASS ESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 16th OF JULY 004

                                        LD.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
  / 0 -M DAY OF  d%%-u,sT        , 2004.
(i/(ffA! d .        ~
 OTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES  2-     &7.,r:-
                               cJ k
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          July 27, 2004

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Torrent St., Sherman to Letart




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for TORRENT ST., LETART
AVE. TO SHERMAN BLVD, and to adopt the attached resolution confirming the special
assessment roll.


FINANCIAL IMPACT:

A total of$1 l,572.54 would be spread agai'nst the four (4) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
July 16, 2004




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE



Property Parcel Number: 24-XXX-XXX-XXXX-XX at 1916.0 W SHERMAN BLVD



   NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:

The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:

                          TORRENT ST., LeTART AVE. TO SHERMAN BLVD.

                                             Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JULY 27, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JULY 27, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $64,000.00 of which $8,808.24
will be paid by special assessment. If the special assessment is confirmed, your property will be
assessed $2210.94 based on 62.9 feet assessable front footage at $35.15 per assessable foot for the
street improvements. In addition, you will be assessed $829.3 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $3040.24 Following are the
terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                       Interest Rate: 5% per year
                                 First Installment: $304.02 PER YEAR
                                   Due Date: September 27th, 2004
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.

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

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

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


Sincerely,


~t~~&f!(
Mohammed Al-Shale!, P.E.
City Engineer




Enclosures
                                         <..:ITY OF MUSKEGON
                                               STREET H-1531
                               SHERMAN BLVD., LINCOLN ST. to BEACH ST.
                         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 infomrntion)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Name                                                           Birthdate                        Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate                                                   Social Security# _ _-_ _ -_ _
Name
      ----------------Birthdate                                                                 Social Security# _ _-_ _ -_ _

                                                      JNCOl\'.IE INFORMATION

ANNUAL Household Income:                                      $ _ _ __           Wage earner:
(Must include all household income)
                                                                                 Wage 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
(Property taxes must be current to qualify and will be verified by CDBG staff)

                                                      . OWNER'S SIGNATURE

Owner's Signature=--------~--c---------------,,-,- Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is hue 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 APRIL 15, 2004
                                                       FOR OFFICE USE ONLY
APPROVED (             DENIED ( )          DATE _ _ _ _ CENSUSTRACTNO.

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

COMMENTS/REMARKS
                                                   **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                 CITY OF MUSKEGON
                                                   STREET- H-1531
                                      SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
                                      REQUEST FOR W AIYER OF SPECIAL ASSESSMENT
 Note: You may receive this application several times -Ifyou have already applied, please discard.
Dear Resident:
         The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
         may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Commun it
         Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
         program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓    Applicants must submit proof that their total household income does not exceed 65% of Area Median
     Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
     2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
     mcome.
                                                                        2002
                                              165% MEDIAN HOUSEHOLD INCOME CHART                       I
                                                   FAMILY SIZE                INCOME LIMIT

                                                            I                       $27,885
                                                         2                           31,850
                                                         3                           35,880
                                                         4                           39,845
                                                         5                           43,030
                                                         6                           46,326
                                                         7                           49,400
                                                        8                            52,585
                                                For each extra, add                  3,185

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

✓    Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                   Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application infiJrmation, and to reject any applications that contain.falsified il1formatio11 or insuf(icien
documentation.
                     Special Assessment Payment Options

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

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

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

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

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

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

                                    SPECIAL ASSESSMENT DISTRICTS:

                            AUSTIN ST., BARNEY A VE. TO DELANO AVE.
                           SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
                          TORRENT ST., LETART AVE. TO SHERMAN BLVD.
                                             AND
                           WALNUT ST., WILCOX ST. TO THOMPSON AVE.

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

                      •   All parcels abutting Austin St. from Barney Ave. to Delano Ave.
                    • All parcels abutting Sherman Blvd. from Lincoln St. to Beach St.
                 •   All parcels abutting Torrent St. from Letart Ave. to Sherman Blvd.
                                                   and
                  • All parcels abutting Walnut St from Wilcox St. to Thompson Ave.

PLEASE TAKE NOTICE that a hearing to confinn the special assessment rolls will be held at the City of
Muskegon Commission Chambers on July 27, 2004 at 5:30 p.m.

At the time set for the hearing the City Commission will examine and detennine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.

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

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

                                                                         Gail A. Kundinger, City Clerk
Publish: JULY 17, 2004
                                              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 Terrace Street, Muskegon, MI 49440
                                 (231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267

O:\ENGINEERING\COMMON\2004 PROJECTS MASTER\Projccts\Tom:nt,Shcnnan to Lctmt\TmTent SA Confinn Chronicle Notice.doc
                                                                                    lN3V>lll:l'v'd30 0Nll:!33N10N3
                                     CITY OF MUSKEGON
                                                                                           %00Z £ o 83.:l        ;

                                   Resolution No. 2004-1 !(a)
                                                                                       NO03>1SnV\I ::10 All::>
                                                                                           03/\13831:1
               Resolution At First Hearing Creating Special Assessment District
                    For TORRENT ST., LETART AVE. TO SHERMAN BLVD.
                    Location and Description of Properties to be Assessed:
                           See Exhibit A attached to this resolution


 RECITALS:

 I.    A hearing has been held on January 27, 2004 at 5:30 o'clock p.m. at the City
       Commission Chambers. Notice was given by mail and publication as required by
       law.

 2.   That estimates of costs of the project, a feasibility report and valuation and benefit
      information are on file with the City and have been reviewed for this hearing.

3.    At the hearing held January 27, 2004, there were 24.91% objections by the owners of
      the property in the district registered at the hearing either in writing received before or at
      the hearing or by owners or agents present at the hearing, and the Commission has
      considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOLVED:

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

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

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 15. 73% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis

       Nays: None


                                                            CITY OF MUSKEGON




                                    ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on January 27, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON


                                                    "' Ji,L o_ L 0
                                                            Gail A. Kundinger, Clerk
         EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




    j
                                                    1
                                                 HO SCALE




               ,---._C_UTL£R A VE


                         I
----.J   ~    '-------' ._I_ _ _ __


-- D                 PHILO A VE


         ~               IIr====================:::
             '------.J



             _ _L:.:::£TART AV£

                PR JECT LOCATION
                SPE I L ASSESSMENT DISTRICT




                         SHERMAN BL VD
                          AFFIDAVIT OF MAILING


STATE OF MICHIGAN         )
                          ) ss
COUNTY OF MUSKEGON)

 TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLO\VING:

                    Torrent St. Sherman Blvd to LeTart Ave.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 16TH DAY OF~ 2 0 0 4 .
                                           ~Q_                      .
                                         GAIL A. KUNDINGER, CITY CLilti


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 c2nc.Q DAY OF &brau 5,v         , 2004.
dl}j& J . ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES --'-'1-"'-°'"'s_--l~'e,"'-----
                                                             H 1583                             HEARING DATE    JULY 27, 2004

                                  TORRENT ST., LeTART AVE. TO SHERMAN BLVD.

                                             SPECIAL ASSESSMENT ROLL
                                                                                                                         DR APP
PARCEL               @                   OWNER                     MAILING ADDRESS                           PAVING        /SW            TOTAL
24-645-000-0017-0   1916.0 SHERMAN BLV   SHEDD GARY/BETTY    550WNORTON         MUSKEGON        Ml 49444    $2,210.94    $829.30       $3,040.24

24-645-000-0030-0   1909.0 LETART AVE    COVELL DOMINIC      1909 LETART        MUSKEGON        Ml 49441    $2,194.06    $934.50       $3,128.56

24-645-000-0018-0   1892.0 SHERMAN BLV   VANKLOMPENBERG K 1892 W SHERMAN BL MUSKEGON            Ml 49441    $2,210.94       $0.00      $2,210.94

24-645-000-0029-0   1891.0 LETART AVE    BAILEY KRISTI A     1891 LETART AVE    MUSKEGON        Ml 49441    $2,192.31    1,000.50      $3,192.81


                    TOTALS                                                                                 $8,808.24    $2,764.30   ll1.._5.I2A'i4

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


                                                           BOARD OF ASSESSORS



                                                 IFFTURNER, DIRECTO ,COUNTY E Q U A L I Z ~ ~



                                              K~_v,t:
                                              Adi~
                                                                                  ,2 ~cf'--
                                                                      CITY COMMISSIONER
                                                                                              ~ v ,f
                                                                                               DATE



                                              BILL LARSON         CITY COMMISSIONER            DATE




 7/14/2004
                                                                                                                             Page 1 of 1
                                    CITY OF MUSKEGON

                                   Resolution No. 2004-68(c)


                       Resolution Confirming Special Assessment Roll

                     For TORRENT ST., LETART AVE. TO SHERMAN BLVD.


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on February 27, 2004, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

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

                    FOR TORRENT ST., LETART AVE. TO SHERMAN BLVD
Continued...



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

This resolution passed.

Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson

Nays: None



                                               By __L~ =-= C
                                                           ~: D
                                                              -ty-o~
                                                                  -f~·~~u/~sk-e~-g~
                                                                                  o n=,·~ -
                                                                                          ~~ -

                                                       Gail A. Kundin~
                                                       City Clerk


                                           CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on July 27, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being July 27, 2004.



                                                               City of Muskegon



                                               By__._L=G~a~il~-A-.-
                                                                 9~u-nd~
                                                                      - i~
                                                                         ~-~e~r,=M
                                                                                 ~=M
                                                                                   ~~c= a~a.v
                                                                                          =·' - - -
                                                       City Clerk
                                EXHIBIT A


TORRENT ST., LETART AVE. TO SHERMAN BLVD.

                  SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Torrent St., Letart to Sherman Blvd.
         EXHIBIT "A" SPECIAL ASSESSMENT DISTRICT




    j




        f--
        (/)

_ ____, CJ ~___, ' - - - - - - -
-- a~-,-..:..:...:...:::.._______~
        ~
        (J
        ~




                SHERMAN BL VD
               TORRENT ST., LETART A VE. TO SHERMAN BLVD

                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

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


STATE OF MICHIGAN .   )
                      ) ss
COUNTY OF MUSKEGON)

      TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

               H-1583 Torrent St., Letart to Sherman Blvd.

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 STA TES MAIL RECEPTACLE ON THE 16th OF JULY 20




SUBSCRIBED AND SWORN TO BEFORE ME THIS
  /(2.t!i DAY OF A~u,s f-        , 2004.

~dki         A . 11&
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES        9- o?s-'- 0 0
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          July 27, 2004

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Austin Barney to Delano




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Austin, Barney to
Delano, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$54,002.10 would be spread against the forty-seven-(47) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

To approve the special assessment roll and adopt the attached resolution.


COMMITTEE RECOMMENDATION:
July 16, 2004




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE



Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTYADDRESS & STREET


  NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:

The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:

                             AUSTIN ST., BARNEY AVE. TO DELANO AVE.

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JULY 27, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JULY 27, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.



The final projected cost of the street improvement portion of the project is $120,000.00 of which
$54,002.1 O will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $932.43 based on 51.43 feet assessable front footage at $18.13 per assessable foot for
the street improvements. In addition, you will be assessed $34 7.48 for driveway approach and/or
sidewalk improvements made to your property for a total special assessment cost of $1279.91 Following
are the terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                       Interest Rate: 5% per year
                                 First Installment: $127.99 PER YEAR
                                   Due Date: September 27th, 2004
CDBG Approved You Owe $0.00
 The total assessment may be paid in full any time prior to the due date shown above
 without interest being charged. After this date, interest will be charged at the rate
 shown above on the outstanding balance. Assessments also may be paid over a ten
 year period in ten equal principal installments. If you pay your assessment in
 installments, your annual installment (including interest) will be included as a separate
 item on your property tax bill each year. Therefore, if you pay your property taxes
 through a mortgage escrow agent, you should notify them of this change. Early
 payments may be made at any time and are encouraged.

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

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

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


 Sincerely,


.0?c:/;u ~-~ t1Mf!(
 Mohammed AI-Shatel, P.E.
 City Engineer




 Enclosures
                                                          LI I Y Ul<' JVIlJ:SKI<:GUN
                                            STREET H-1531
                               SHERMAN BLVD., LINCOLN ST. to BEACH ST.
                         CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
                                                 HOUSEHOLD INFORMATION
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ _Social Seeurity # _ _-_ _-_ _
Spouse:                                                        Birthdate:                       Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _~Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this inforn1ation)

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

                                                      >INCOMEil'lFORMA.TION

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

                                                                                 Wage earner:

                                                                                 Wage earner:

                                             Total:       $

                                                      PROPERTYINFORMATION

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

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

Property Taxes: ( ) Current          ( ) Delinquent           Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staft)

                                                        OWNER'S SIGNATURE

Owner's Signature:_:--:----:c------cc:,-c--~-------------,,,- Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is tme 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 APRIL 15, 2004
                                                       FOR OFFICE USE ONLY
APPROVED (             DENIED ( )          DATE _ _ _ _ CENSUSTRACTNO.

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

COMMENTS/REMARKS

                                                   **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                 CITY OF MUSKEGON
                                                   STREET- H-1531
                                      SHERMAN BLVD., LINCOLN ST. TO BEACH ST.
                                      REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
  Note: You may receive this application several times - If you have already applied, please discard.
Dear Resident:
         The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
         may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Comm unit
         Development Block Grant (COBO) Program for eligible households and families. If you meet the COBO
         program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
✓    Applicants must submit proof that their total household income does not exceed 65% of Area Median
     Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
     2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
     mcome.
                                                                       2002
                                              165% MEDIAN HOUSEHOLD INCOME CHART                      I
                                                  FAMILY SIZE                INCOME LIMIT

                                                           I                       $27,885
                                                        2                           31,850
                                                        3                           35,880
                                                        4                           39,845
                                                        5                           43,030
                                                        6                           46,326
                                                        7                           49,400
                                                        8                           52,585
                                               For each extra, add                  3,185

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

✓    Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
suppmting documentation, to:                         City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                  Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application i11formation, and to reject any applications that contain.falsified information or insufficien
documentation.
                     Special Assessment Payment Options

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

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

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

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

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                                                           r·-~ITYF~{~tiif<~GON
                                    CITY OF MUSKEGON
                                                                                  MAR 09 ZOO't
                                  Resolution No. 2004-23( c)
                                                                            ENGINEERING DEPARTMENT

               Resolution At First Hearing Creating Special Assessment District
                                For Austin, Barney to Delano
                    Location and Description of Properties to be Assessed:
                           See Exhibit A attached to this resolution


 RECITALS:

 I.   A hearing has been held on February 24, 2004 at 5:30 o'clock p.m. at the City
      Commission Chambers. Notice was given by mail and publication as required by
      law.

2.    That estimates of costs of the project, a feasibility report and valuation and benefit
      information are on file with the City and have been reviewed for this hearing.

3.    At the hearing held February 24, 2004, there were 38. 70 % objections by the owners of
      the prope11y in the district registered at the hearing either in writing received before or at
      the hearing or by owners or agents present at the hearing, and the Commission has
      considered the advisability of proceeding with the project.

FINDINGS:

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

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

THEREFORE, BE IT RESOLVED:

I.    The City Commission hereby declares a special assessment district to include the
      property set fo11h in Exhibit A attached to this resolution.

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

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 53.54 % of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes    Spataro, Warmington, Carter, Davis, Gawron, Larson,
               She herd

       Nays    None



                                                              CITY OF MUSKEGON




                                     ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on February 24, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
                       AFFIDAVIT OF MAILING


STATE OF MICHIGAN     )
                      ) ss
COUNTY OF MUSKEGON )

TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                 Austin St. Barney Ave. to Delano Ave.

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 13TH DAY OF FEBRUARY,
2004.


                                                            RK

SUBSCRIBED AND SWORN TO BEFORE ME THIS
 x'li-4 DAYOF 1~/,1•,:,-,,ry'
                          V
                                 ,2004.

dm~J.0 61.          &d,,,~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES    -
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                                                                                                                                    <7
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                                                                                                                                                                   I
                  AUSTIN ST. BARNEY TO DELANO

                MAYOR'S ENDORSEMENT AND WARRANT


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

ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO

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

ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.




                                                   INGTON
                        AFFIDAVIT OF MAILING


 STATE OF MICHIGAN     )
                       ) ss
 COUNTY OF MUSKEGON )

        TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR:

                H-1576 Walnut St., Wilcox St. to Thompson.

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

                                        ~         0.           .
                                      GAIL A. KUNDINGER, cITf f iERK


 SUBSCRIBED AND SWORN TO BEFORE ME THIS
                 4«.s
  / 0 :t:/J DAY OF      -j-       , 2004.

~ fl). ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES   9- c?s-~o 6
             ~                                               H 1544                          HEARING DATE     JULY 27, 2004

                                       AUSTIN ST., BARNEY AVE. TO DELANO AVE.

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

24-860-000-0091-0   2295.0 AUSTIN ST     BROOKS TONIE D      2295 AUSTIN ST      MUSKEGON    Ml 49444      $907.59      $0.00     $907.59

24-860-000-0092-0   2285.0 AUSTIN ST     ANDERSON DORIS L/R 2285 AUSTIN STREET MUSKEGON      Ml 49442      $907.59    $307.09   $1,214.68

24-860-000-0094-0   2283.0 AUSTIN ST     RICE MARK A/CHRISTI 2283 AUSTIN ST      MUSKEGON    Ml 49442-0    $907.59    $307.09   $1,214.68

24-860-000-0095-0   2279.0 AUSTIN ST     JOHNSON CHESTER     3300 BAKER ST       MUSKEGON HlMI 49444      $1,133.13   $378.19   $1,511.32

24-860-000-0096-0   2263.0 AUSTIN ST     BUSMAN DANIEL A     3845 FOREST EDGE    MUSKEGON    Ml 49442      $906.50    $352.64   $1,259.14

24-860-000-0098-0   2253.0 AUSTIN ST     CITICORP TRUST BAN 7467 NEW RIDGE RD    HANOVER     MD 21076      $906.50    $352.64   $1,259.14

24-860-000-0099-0   2243.0 AUSTIN ST     R & RESTATES LLC    3232 GLADE ST       MUSKEGON HlMI 49444       $906.50    $363.15   $1,269.65

24-860-000-0100-0   2239.0 AUSTIN ST     KITCHENS OTHELL     2239 AUSTIN         MUSKEGON    Ml 49442      $725.20    $312.86   $1,038.06

24-860-000-0101-0   2231.0 AUSTIN ST     BILLINGS ROBERT L   P.O. BOX 4483       MUSKEGON    Ml 49444      $906.50    $312.86   $1,219.36

24-860-000-0102-0   2223.0 AUSTIN ST     SZOST PROPERTIES L 2410 W BARD RD       MUSKEGON    Ml 49445      $906.50    $364.38   $1,270.88

24-860-000-0104-0   2215.0 AUSTIN ST     SZOST PROPERTIES L 2410 W BARD RD       MUSKEGON    Ml 49445      $906.50    $355.73   $1,262.23

24-860-000-0105-0   2207.0 AUSTIN ST     PARKER GERALDINE    4228 HALL RD        MUSKEGON    Ml 49442      $906.50      $0.00     $906.50

24-860-000-0106-0   886.0 HACKLEY AVE    WILLIAMS VICTORIA A 886 E HACKLEY AVE   MUSKEGON    Ml 49444      $805.15      $0.00     $805.15 \

24-860-000-0107-0   2183.0 AUSTIN ST     JEMISON JOYCE       2183 AUSTIN ST      MUSKEGON    Ml 49444      $906.50    $373.25   $1,279.75

24-860-000-0108-0   2177.0 AUSTIN ST     SIMS JIMMY L JR     2177 AUSTIN ST      MUSKEGON    Ml 49444      $906.50    $367.27   $1,273.77

24-860-000-0110-0   2167.0 AUSTIN ST     GRANITE INVESTMEN 7211 HARVEY ST        SPRING LAKE Ml 49456     $1,087.80   $363.56   $1,451.36

24-860-000-0111-0   2161.0 AUSTIN ST     LEE LINWOOD/LOU ISE 3735 HIGHGATE RD    MUSKEGON    Ml 49441     $1,087.80   $366.24   $1,454.04

24-860-000-0113-0   2145.0 AUSTIN ST     GLEASON CLYDE NM 2145 AUSTIN ST         MUSKEGON    Ml 49444     $1,813.00   $353.67   $2,166.67


 8/11/2004
                                                                                                                         Page 1 of 4
                                                               H 1544                         HEARING DATE     JULY 27, 2004

                                       AUSTIN ST., BARNEY AVE. TO DELANO AVE.

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

24-860-000-0115-0   2137.0 AUSTIN ST     LABAN JOSEPH B 11/Z   7879 EVANSTON AVE MUSKEGON     Ml 49442      $725.20      $0.00      $725.20

24-860-000-0116-0   2131.0 AUSTIN ST     BAYMARK HOMES LLC 5479 PINE BLUFF LN      MUSKEGON   Ml 49441      $725.20      $0.00      $725.20

24-860-000-0117-0   2127.0 AUSTIN ST     FONDREN JOSHUA        2131 AUSTIN         MUSKEGON   Ml 49444      $725.20      $0.00      $725.20

24-860-000-0118-0   2121.0 AUSTIN ST     BILLINGS ROBERTIII/K 2121 AUSTIN ST       MUSKEGON   Ml 49444      $725.20      $0.00      $725.20

24-860-000-0119-0   2115.0 AUSTIN ST     MALLARD MARY A        2115AUSTIN ST       MUSKEGON   Ml 49444      $725.20      $0.00      $725.20

24-860-000-0120-0   2109.0 AUSTIN ST     DOHNAL CHRISTOPH      2109 AUSTIN ST 2    MUSKEGON   Ml 49444      $725.20      $0.00      $725.20

24-860-000-0150-0   2294.0 AUSTIN ST     PRIETO ELVIRA         2294AUSTIN          MUSKEGON   Ml 49444      $982.83    1,249.79   $2,232.62

24-860-000-0149-0   2284.0 AUSTIN ST     REID CARY E           2284 AUSTIN ST      MUSKEGON   Ml 49444      $982.65    $341.00    $1,323.65

24-860-000-0147-0   2278.0 AUSTIN ST     GRISSOM HERBERT H 2278 AUSTIN ST          MUSKEGON   Ml 49444      $982.65    $358.00    $1,340.65

24-860-000-0146-0   2270.0 AUSTIN ST     BILLINGS ROBERT II    2263 VALLEY ST      MUSKEGON   Ml 49444      $725.20      $0.00      $725.20

24-860-000-0145-0   2262.0 AUSTIN ST     DILL RONALD H/TINA    2262 AUSTIN ST      MUSKEGON   Ml 49444      $932.43    $277.99    $1,210.42

24-860-000-0142-0   2248.0 AUSTIN ST     BILLINGS ROBERT L     2263 VALLEY ST      MUSKEGON   Ml 49444      $932.43    $331.41    $1,263.84

24-860-000-0141-0   2240.0 AUSTIN ST     CITY OF MUSKEGON      933 TERRACE ST      MUSKGEON   Ml 49443-0    $932.24      $0.00      $932.24

24-860-000-0140-0   2232.0 AUSTIN ST     ANDERSON CLARICE      2232 AUSTIN ST      MUSKEGON   Ml 49444      $932.43    $347.48    $1,279.91

24-860-000-0138-0   2224.0 AUSTIN ST     AMERICAN GENERAL      1910 E APPLE AVE ST MUSKEGON   Ml 49442      $932.43    $339.45    $1,271.88

24-860-000-0137-0   2216.0 AUSTIN ST     GUERRERO ROBERT       2216 AUSTIN ST      MUSKEGON   Ml 49444      $932.43      $0.00      $932.43

24-860-000-0136-0   2208.0 AUSTIN ST     ROBINSON LINDA D      2208 AUSTIN ST      MUSKEGON   Ml 49442      $725.20      $0.00      $725.20

24-860-000-0135-0    916.0 HACKLEY AVE   RICE SHARON LOVE      916 E HACKLEY AVE   MUSKEGON   Ml 49444     $1,171.74     $0.00    $1,171.74


 8/11/2004
                                                                                                                           Page 2 of 4
                                                             H 1544                         HEARING DATE   JULY 27, 2004

                                       AUSTIN ST., BARNEY AVE. TO DELANO AVE.

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

24-860-000-0133-0   2184.0 AUSTIN ST     ACHTERHOFF JOHN E 1065 4TH ST STE B    MUSKEGON    Ml 49440   $1,015.28   $350.78   $1,366.06

24-860-000-0132-0   2174.0 AUSTIN ST     WEST MAN LLC        4648 SUSAN         MUSKEGON    Ml 49441   $1,015.28   $345.84   $1,361.12

24-860-000-0130-0   2164.0 AUSTIN ST     N & N ASSOCIATES LL 420 CARMEN DRIVE   SPRING LAKE Ml 49456   $1,015.28   $343.57   $1,358.85

24-860-000-0129-0   2156.0 AUSTIN ST     NIELSEN ROGER/JUA   420 CARMEN DR      SPRING LAKE Ml 49456    $942.76      $0.00     $942.76

24-860-000-0128-0   2148.0 AUSTIN ST     CHAPMAN SHERRY      2148 AUSTIN ST     MUSKEGON    Ml 49444   $1,087.80     $0.00   $1,087.80

24-860-000-0126-0   2142.0 AUSTIN ST     ODNEAL WILLIE B     2142 AUSTIN ST     MUSKEGON    Ml 49444    $942.76    $358.85   $1,301.61

24-860-000-0125-0   2132.0 AUSTIN ST     TOWNSEND DARLEEN 3355 HOYT ST          MUSKEGON    Ml 49444    $942.76      $0.00     $942.76

24-860-000-0124-0   2124.0 AUSTIN ST     COLE PATRICIA       2124 AUSTIN ST     MUSKEGON    Ml 49444    $942.76      $0.00     $942.76

24-860-000-0123-0   2116.0 AUSTIN ST     HERRON ALLEN        2116 AUSTIN ST     MUSKEGON    Ml 49444    $942.76      $0.00     $942.76

24-860-000-0121-0   2108.0 AUSTIN ST     WARE FULTON         2108 AUSTIN ST     MUSKEGON    Ml 49444    $942.76      $0.00     $942.76

24-860-000-0144-0   2256.0 AUSTIN ST     ERICKSON ROBERT S 2256 AUSTIN ST       MUSKEGON    Ml 49444    $932.43    $355.52   $1,287.95




 8/11/2004
                                                                                                                      Page 3 of 4
                                                          H 1544                            HEARING DATE   JULY 27, 2004

                        AUSTIN ST., BARNEY AVE. TO DELANO AVE .

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

             TOTALS .                                                                               $43,771.80   10,230.30 $54,002.10

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


                                             BOARD OF ASSESSORS



                                     ......-u-..<
                                               ~ c-c, -   ~                      ATIO~ ~
                                                                                       o/

                                 ~         · t;1a1,,;z -                               tj;.1/ul
                             CHRIS CARTER                          CITY COMMISSIONER      DATE

                            /4~~~
                             STEriHEN ~Jv'RON                  CITY COMMISSIONER
                                                                                   ~-//-~/DATE




 8/11/2004
                                                                                                                      Page 4 of 4
              Commission Meeting Date: July 13, 2004




Date:          May 17, 2004
To:            Honorable Mayor & City Commission
From:          Planning & Economic Development Department
RE:            Public Hearing for Amendments to Brownfield
               Plan- Art Works Apartments


SUMMARY OF REQUEST: To hold a public hearing and approve the attached
resolution approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Boiler Works, LLC in the
Brownfield Plan.

FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield
Plan amendments, although the redevelopment of the property into an Art Works
space (with residential and gallery space) will add to the tax base of the City of
Muskegon.

BUDGET ACTION REQUIRED: None.

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

COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a notice of
the public hearing has been sent to taxing jurisdictions, and it has been published
twice In the Muskegon Chronicle. In addition, the Brownfield Redevelopment
Authority approved the Plan amendment on June 21, 2004 and further recommends
that the Muskegon City Commission approve the Plan amendment.
        RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT

                    ART WORKS APARTMENTS PROJECT

                                 City of Muskegon

                          County of Muskegon, Michigan

                                    2004-69(a)

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

County of Muskegon, Michigan (the "City"}, held in the City Commission Chambers,

onthe 27 th dayof        July       , 2004, at   s: 30 o'clock p.m., prevailing Eastern
Time.

PRESENT:      Members

 Warmington, Carter, Davis, Gawron, Larson, Shepherd, and

 Spataro




ABSENT:       Members

 None

        The following    preamble   and    resolution    were offered    by   Member

 Larson                 and supported by Member         Shepherd

        WHEREAS, in accordance with the provisions of Act 381, Public Acts of

Michigan, 1996, as amended ("Act 381"}, the City of Muskegon Brownfield

Redevelopment Authority (the "Authority") has prepared and approved a Brownfield

Plan Amendment to add the Art Works Apartments project; and
        WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to

the City Commission requesting its approval of the Brownfield Plan Amendment;

and

        WHEREAS, the City Commission has provided notice and a reasonable

opportunity to the taxing jurisdictions levying taxes subject to capture to express

their views and recommendations regarding the Brownfield Plan Amendment, as

required by Act 381; and

        WHEREAS, not less than 20 days has passed since the City Commission

provided notice of the proposed Brownfield Plan to the taxing units; and

        WHEREAS, a notice of the Public Hearing on the proposed Brownfield Plan

Amendment was published twice in the Muskegon Chronicle, the first of which was

not less than 20 days before the scheduled Public Hearing; and

       WHEREAS, the City Commission held a public hearing on the proposed

Brownfield Plan on July 13, 2004.

       NOW, THEREFORE, BE IT RESOLVED, THAT:

       1.      Definitions. Where used in this Resolution the terms set forth below

shall have the following meaning unless the context clearly requires otherwise:

       "Eligible Property" means the property designated in the Brownfield Plan as

the Eligible Property, as described in Act 381.

       "Brownfield Plan" means the Brownfield Plan prepared by the Authority, as

transmitted to the City Clerk by the Authority for approval, copies of which

Brownfield Plan are on file in the office of the City Clerk.
       "Taxing Jurisdiction" shall mean each unit of government levying an ad

valorem property tax on the Eligible Property.

       2.      Public Purpose. The City Commission hereby determines that the

Brownfield Plan Amendment constitutes a public purpose.

       3.      Best Interest of the Public. The City Commission hereby determines

that it is in the best interests of the public to promote the revitalization of eligible

properties in the City to proceed with the Brownfield Plan Amendment.

4.     Review Considerations. As required by Act 381, the City Commission has,

       in reviewing the Brownfield Plan Amendment, taken into consideration

       whether the Brownfield Plan Amendment meets the requirements set forth in

       Section 13 of Act 381.

5.     Approval and Adoption of Brownfield Plan Amendment.             The Brownfield

       Plan Amendment as submitted by the Authority is hereby approved and

       adopted. A copy of the Brownfield Plan and all amendments thereto shall be

       maintained on file in the City Clerk's office.

6.     No Capture of Tax Increment Revenues by Authority. The Authority shall

      not capture Tax Increment Revenues on the Eligible Property, as described

      in the Brownfield Plan Amendment.

7.     Disclaimer.   By adoption of this resolution and approval of the Brownfield

      Plan Amendment, the City assumes no obligation or liability to the owner,

      developer or lessor of the Eligible Property for any loss or damage that may

      result to such persons from the adoption of this resolution and Brownfield

      Plan Amendment The City makes no guarantees or representations as to
        the determinations of the appropriate state officials regarding the ability of

        the owner, developer or lessor to qualify for a single business tax credit

        pursuant to Act 228, Public Acts of Michigan, 1975, as amended, or as to

        the ability of the Authority to capture tax increment revenues from the State

        and local school district taxes for the Brownfield Plan.

8.      Repealer.   All resolutions and parts of resolutions insofar as they conflict

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

AYES:          Members

      Warmington, Carter, Larson, and Shepherd




NAYS:

Members     Davis, Gawron, and Spataro
          --------------=---------------

RESOLUTION DECLARED ADOPTED.
  hereby certify that the foregoing is a true and complete copy of a resolution

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

State of Michigan, at a regular meeting held on July 27, 2004, and that said

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

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

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

will be or have been made available as required by said Act.
Marketing to Artist Groups in Primary and Secondary Market Areas

The following groups/organizations have been contacted by Woods Consulting and have
expressed interest in the project to the extent that they will allow Woods to
contact/survey their members to evaluate interest in the proposed project:

•   Muskegon Museum of Art (list of artists on mailing list for regional competition hosted
    at Museum)
•   Festival Grand Rapids (5,000 performers and 2,500 - 3,000 visual artists)
•   Muskegon Community College/Art Department
•   Kendall College of Art and Design
•   Muskegon Civic Theatre
•   Lakeland Painters
•   Muskegon Artists Guild
•   Grand Haven Area Arts Council
•   Challenge Studio Artists (Challenge Machinery Building)-artists rent studio space
    for $4.00 per square foot including utilities
•   Arts Council of White Lake
•   Holland Area Arts Council
•   Galleries in Saugatuck
•   Western Michigan Art Fair-large group of artists who appear at Summer
    Celebration fair

The Muskegon Museum of Art reports the following number of persons on their "Active
Artist" list (artist submitted a piece of work to a regional competition within the past two
years):

•   89 from the Muskegon area (zip codes 49440, 49441, 49442, 49444, 49445)
•   131 from all zip codes in Muskegon county
•   106 from Ottawa County (Holland and Grand Haven areas)
•   56 from the Grand Haven/Spring Lake area

In addition, the Museum reported the following number of "known artists" on its mailing
list:

•   147 from Muskegon area (same zip codes as above)
•   192 from Muskegon county
•   137 from Ottawa county
•   79 from Grand Haven/Spring Lake area

Key Contacts:
• Nuveen Community Center for the Arts (Montague)
• Peter Johnson, White River Gallery (Montague)
• John Walson, Art Critic for Muskegon Chronicle
• Lee Collet, retired Art Instructor, MCC




                                              17
Opportunity for Introducing Proposed Boilerworks Renovation to Artist Community

Muskegon Museum of Art is hosted a "Salon Thursday" on Thursday, February 12 from
5:30 p.m. and 8:00 p.m. The purpose of the event is for visual artists to present their
work to peers and art admirers in a relaxed social environment. The Museum has
offered the developer the opportunity to "showcase" the proposed development at the
"Salon" and survey those present as to their interest in the project/likelihood to explore
the project.

The artists invited to this event are those artists who are on the Museum's mailing list for
its regional competition (they are artists of varying levels of accomplishment).

The Museum will host a second "Salon Thursday" in April, 2004 at which time the
developers will have another opportunity to present the project to the artist community
and to solicit both interest in the project and recommendations for interior design/layout.




                                             18
                                 BOILERWORl

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