City Commission Packet 11-10-2003

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                       NOVEMBER 10, 2003
     CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                 AGENDA

ROLL CALL:
CONSENT AGENDA:
     a. Approval of Minutes. CITY CLERK
     b. Outdoor Air Ventilation & Temp. Control. ENGINEERING
     c. Sale of Non-buildable Lot at 1298 Fourth Street. PLANNING & ECONOMIC
        DEVELOPMENT
PUBLIC HEARINGS:
     a. Spreading of the Special Assessment Roll: Franklin Street. Washington to
        Michigan. ENGINEERING
     b. Spreading of the Special Assessment Roll:    Nims Street & Irwin Avenue,
        Getty to Wood. ENGINEERING
     c. Spreading of the Special Assessment Roll: Washington Street. Franklin to
        Lakeshore. ENGINEERING
UNFINISHED BUSINESS:
     a. Request to Withdraw Reverter Language from Deed for Property at 407 W.
        Webster. PLANNING & ECONOMIC DEVELOPMENT
NEW BUSINESS:
     a. MDEQ / Army Corps of Engineers Permits for the Ferry Project.       CITY
        MANAGER
     b. Liquor License Request - 1934 Peck Street. CITY CLERK
Date:     November 10, 2003
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 Regular
Commission Meeting that was held on Tuesday, October 28, 2003.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
         CITY OF MUSKEGON
           CITY COMMISSION MEETING
                        NOVEMBER 10, 2003
        CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                     MINUTES
         The Regular Commission Meeting of the City of Muskegon was held at City
  Hall, 933 Terrace Street, Muskegon, Michigan at 5:30pm, Monday, November 10,
  2003.
           Mayor Warmington opened the meeting with a prayer from Pastor Savage of
     the Great Joy world Outreach Church 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 Robert Schweifler,
  Commissioners Lawrence Spataro, Christopher Carter, Stephen Gawron, William
  Larson, and Clara Shepherd; City Manager Bryon Mazade, City Attorney John
  Schrier and City Clerk Gail Kundinger.
  2003-89 CONSENT AGENDA:
        a. Approval of Minutes. CITY CLERK
  SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting
  that was held on Tuesday, October 28, 2003.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of minutes .
       .. b. Outdoor Air Ventilation & Temp. Control. ENGINEERING
  SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Johnson
  Control to provide all the labor & material necessary to install a CO2 monitoring
  system as well as adding an optimal start/stop to our air handling units (police &
  C.H.). This work is another implantation of the energy study's recommendation. The
  implementation of these tasks will have a less than three-year pay back.
  FINANCIAL IMPACT: The cost of $9,500 which includes all necessary labor & material.
  BUDGET ACTION REQUIRED: None at this time.         The cost was anticipated and
  budgeted for.
 STAFF RECOMMENDATION: Authorize staff to enter into a contract with Johnson
 Control.
      c. Sale of Non-buildable Lot at 1298 Fourth Street. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot (Parcel
#24-205-393-0009-00) at 1298 Fourth Street to Dequon & Carina James, owner of 152
Strong Avenue, Muskegon, Ml 4944 l. Approval of this sale will allow the adjacent
property owner to have a buildable lot for their home, and to expand their current
yard. This is a corner lot and is, therefore, being offered to Mr. & Mrs. James for $1
under the City's Area l 0, $1 lot sale policy.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on
the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution.
Motion by Commissioner Gawron, second by Vice Mayor Schweifler to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Warmington, Schweifler, Carter, Gawron,          Larson,   Shepherd,
           Spataro
            Nays: None
MOTION PASSES
2003-90 PUBLIC HEARINGS:
      a. Spreading of the Special Assessment Roll:    Franklin Street. Washington to
         Michigan. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Franklin, Washington to Michigan, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $17,572.51 would be spread against the six (6) parcels
abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 5:34 p.m. to hear and consider any comments from
the public. There were no comments from the public.
Motion by Vice Mayor Schweifler, second by Commissioner Spataro to close the
Public Hearing at 5:35 p.m. and approve the special assessment roll for Franklin,
Washington to Michigan, and adopt the resolution.
ROLL VOTE: Ayes: Schweifler,    Carter,   Gawron,    Larson,   Shepherd,     Spataro,
           Warmington
           Nays: None
MOTION PASSES
      b. Spreading of the Special Assessment Roll:     Nims Street & Irwin Avenue,
         Getty to Wood. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Nims St. & Irwin Ave., Getty St. to Wood St., and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $84,920.46 would be spread against the seven (7)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFFA RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 5:35 p.m. to hear and consider any comments from
the public. No comments were heard from the public.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:36 p.m. and approve the special assessment roll for Nims Street
and Irwin Avenue, Getty to Wood, and adopt the resolution.
ROLL VOTE: Ayes: Carter,    Gawron,    Larson,   Shepherd,   Spataro,   Warmington,
           Schweifler
            Nays: None
MOTION PASSES
      c. Spreading of the Special Assessment Roll: Washington Street. Franklin to
         Lakeshore. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Washington St., Franklin to Lakeshore Dr., and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $73,310.13 would be spread against the seventy (70)
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 5:37 p.m. to hear and consider any comments from
the public. No comments were heard from the public.
Motion by Commissioner Carter, second by Commissioner Larson to close the Public
Hearing at 5:38 p.m. and approve the special assessment roll for Washington St.,
Franklin to Lakeshore and adopt the resolution.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Schweifler,
           Carter
             Nays: None
MOTION PASSES
2003-91 UNFINISHED BUSINESS:
      a. Request to Withdraw Reverter Language from Deed for Property at 407 W.
         Webster. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The attorney for Thomas Russo, who purchased 407 W.
Webster from the City, is requesting that the City withdraw the reverter language
contained in the Purchase Agreement, dated February 16, 1998. The reverter
language was included in Section 8 of the Purchase Agreement, and required that
the purchaser make improvements to the premises within 18 months, that the owner
or subsequent owners occupy the premises as owner-occupants for a period of at
least 10 years, and that if the property is used as a rental property during the 10 year
period, the City has the right to quit claim deed the property from the buyer. The
attorney for Mr. Russo is requesting that the "City release the Russo's and the Russo's
perspective successors in interest from the effects of the reverter language."
Apparently, the Russo's are in the process of selling the property, and they are being
told by the perspective purchasers that they are unable to obtain mortgage
financing with the reverter language present. Staff recommends that the reverter
language be kept as it is. The City has included reverter language in the sale of it's
properties for several years, and has not had a problem with other properties. In
addition, the specific area where 407 W. Webster is located is one where the City
has sold several properties, with the express intent that they be owner-occupied. It
would be a disservice to the other property owners to change this condition at this
time.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To deny the request from Mr. Russo's attorney to change
the reverter clause language on their deed/purchase agreement and release the
Russos and their perspective successors in the interest from the effects of the
reverter language. Staff is willing, however, to meet with any financial institution to ·
explain our program for infill, and the reasons for the reverter clause (and staff has
informed Mr. Russo and his attorney of this offer).
Motion by Vice Mayor Schweifler, second by Commissioner Shepherd to table until
the next meeting.
ROLL VOTE: Ayes: Larson,    Shepherd,    Spataro,   Warmington,   Schweifler,   Carter,
           Gawron
            Nays: None
MOTION PASSES
2003-92 NEW BUSINESS:
      a. MDEQ / Army Corps of Engineers Permits for the Ferry Project.            CITY
         MANAGER
SUMMARY OF REQUEST: To authorize staff to apply for permits on behalf of the City
for the cross-lake ferry project.
FINANCIAL IMPACT: Minimal application fees.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Vice Mayor Schweifler to approve the
request.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Schweifler, Carter, Gawron,
           Larson
           Nays: None
MOTION PASSES
     b. Liquor License Request - 1934 Peck Street. CITY CLERK
SUMMARY OF REQUEST:            The Liquor Control Commission seeks local
recommendation on a request from Sherm's Saloon, Inc., 1934 Peck to transfer
ownership of the 2003 Class C-SDM licensed business from Griffs, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Larson, second by Commissioner Spataro to approve the
transfer.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Gawron, Larson, Shepherd
           Nays: None
           Abstain: Schweifler
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at
5:53PM.
                                         Respectfully submitted,




                                         tL-ai~
                                         Gail A. Kundinger, MMC
                                        City Clerk
Date:         November 1 0, 2003
To:           Honorable Mayor and City Commissioners
From:          Engineering
RE:           Outdoor Air Ventilation & Temp. Control




SUMMARY OF REQUEST:
Authorize staff to enter into an agreement with Johnson Control to provide all the labor &
material necessary to install a CO2 monitoring system as well as adding an optimal
start/stop to our air handling units (police & C.H). This work is another implantation of the
energy study's recommendation. The implementation of these tasks will have a less than 3-
years pay back.



FINANCIAL IMPACT:
The cost of $9,500 which includes all necessary labor & material.



BUDGET ACTION REQUIRED:
None at this time. The cost was anticipated and budgeted for.



STAFF RECOMMENDATION:
Authorize staff to enter into a contract with Johnson Control.



COMMITTEE RECOMMENDATION:
          /;           . '· '(, ~ \.
                                           \-./
                                           ,-y                                         RECEIVED
                                           I,                                     CITY OF MUSKEGON
                                          c'iTY OF MUSKEGON
                                                                                     NOV 19 2003
                       AGREEMENT FOR SERVICES OR CONSTRUCTION
                                Small and Limited Projects    ENGINEERING DEPARTMENT

THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon,
Michigan, and Johnson Controls Inc_                  ("Contractor''),
of Grand Rapids   , Michigan, for a small or limited project, and is made in the following terms:

                                       Agreement and Performance

Contractor agrees to perform and supply all the services and materials set forth in the Statement of
Work attached to this agreement, ("Performance")_ Contractor's performance shall be accomplished
in good and workmanlike manner, to the satisfaction of the City_ Performance shall be completed on
or before Dec_ 1O 2003



Contractor will perform as set forth above for the complete contract price of$ 9,500.00

                                        Conditions and Covenants

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

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

                                       Termination and Cancellation

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

      $ N/A      per day of nonperformance.

                                       Nondiscrimination Compliance

Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the
City, State and Federal Governments including, but not limited to, the provisions of Executive Order
11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the Viet Nam Era and
for Handicapped Workers. If required by the City and appropriate for the services in this contract,
Contractor shall comply with City oversight procedures. The provisions of all said policies, rules,
executive orders and laws regarding nondiscrimination and affirmative action are available from the
City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon,
Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion.

The parties agree to performance of this contract by signing below.         The effective date of this
agreement is Nov. 18, =
                      20. :c. 0. =-c3:;;.___

Witnesses:




                                                     CITY OF MUSKEGON

                                                     ByqLJ~VVt/lN.,{            WAtf
                                                      and    fb.£<..~
                                                            {/
                                  CITY OF MUSKEGON

                                   Contract Between
                                   City of Muskegon
                                           and
                                   Johnson Controls Inc.


                                  STATEMENT OF WORK

See attached scope of services.




                                               Initials:

                                               Contractor:        ~bv2:>
                                               City:       1).. 1 {\, /J-._ ·
                                                       t(staff member)
                                                                                                   Johnson Controls, Inc.
                                                                                                   Controls Group
                                                                                                   3312 Lousma Drive, S.E.
                                                                                                   Grand Rapids, Ml 49548-2252

.. · J~HNSON                                    PROPOSAL                                           Tel. 616/243 4134 or
                                                                                                        800/937 9770
                                                                                                   FAX: 616/243 0430
CONTR0LS
                City of Muskegon                                                                              9/10/03
  TO:                                                                                            DATE :

                J. R. Gann                                         PROJECT:
                933 Terrace St.                                                    Add CO2 Monitor to AHU's
                Muskegon, MI 49443-0536




        This proposal is in regards to the project that we discussed on Sept. 4, 2003. We will design the needed
        system required to maintain proper CO2 levels inside your building, while keeping energy savings in
        mind. We will also add optimal start/stop to your existing air systems. I have not included an
        elect:tician' s price in this quote, since l am asswning that you wiJI run the needed wires to the proper
        locations at the time of the project.
        The cost to complete this project is $9500.00. If you have any questions in regards to this quote, please
        feel free to call me at 616-283-7967.

        Thank you for this opportunity,

        Chris




  (IMPORTANT : This proposal incorporates by reference the terms and conditions on the reverse
  s ide hereof.)
  This proposal is hereby accepted and              This proposal is valid until
  Johnson Controls is authorized to
  proceed with the work; s ubject, however,         _ _ _ ___,_N,._,,o,_,_v~l.._,,0,.,_,_,,,2..,.0~0 3_., __ _ _ _ __ _ _ _ _
  to credit approval by Johnson Controls, Inc.,
  Milwaukee, Wisconsin.

                                                                   JOHNSON CONTROLS , INC.
                Purchaser - Company Name


                             Signature                                                   Signature
                                                                               Chris R. Watson
  Name :                                                           Name:
                                                                               Systems Rep IV
  Title :                                                          Title:
  Date : _ __ _ _ __ _ _ _ _ _ _ _

  Form 975 -A (RGI/, 3/96)                                                                                        Printed in U.S .A.
               Commission Meeting Date: November 10, 2003




Date:         October 28, 2003
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Sale of Non-buildable Lot at 1298 Fourth Street


SUMMARY OF REQUEST:

To approve the sale of a vacant non-buildable lot (Parcel #24-205-393-0009-00) at
1298 Fourth Street to Dequon & Carina James, owner of 152 Strong Avenue,
Muskegon, MI 49441 Approval of this sale will allow the adjacent property owner to
have a buildable lot for their home, and to expand their current yard (see attached
map). This is a corner lot and is, therefore, being offered to Mr. & Mrs. James for $1
under the City's Area 10 $1 lot sale policy.

FINANCIAL IMPACT:

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

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

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

COMMITTEE RECOMMENDATION:




10/28/2003
                                                                                         N
Vacant Non-buildable City-Owned Lot
1298 Fourth Street                                                                      W~E




                                      ~~     ai    I ""




                                                      26'




                                                              *=Subject Property(ies)
                                                                   to be sold




                                             lJ2
                                      :..:

                                      :::




                                                   WISABELl
                                  CITY OF MUSKEGON

                                   RESOLUTION #2003-89 ( c)

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

WHEREAS, the City of Muskegon has received $1 from Dequon & Carina James, 152 Strong
A venue, Muskegon, MI 49441 for the purchase of a vacant, City-owned lot located adjacent to
their property at 1298 Fourth Street (parcel #24-205-393-0009-00);

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

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

WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Area 10 $1 lot program;

NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 N 45 FT LOT 9 BLK 393 be sold to Dequon & Carina James for $1.


Resolution adopted this 10th day of November, 2003.

       Ay~:  Warmington, Schweifler, Carter, Gawron, Larson,
             Shepherd, Spataro
       Nays: None




       Gail A. Kundinger, MMC
       Clerk
                                     CERTIFICATION
                                           2003-89(c)
This resolution was adopted at a regular meeting of the City Commission, held on November 10,
2003. 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
                                                     QUIT-CLAIM DEED

 KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
 933 Terrace Street, Muskegon, Michigan 49440,

 QUIT CLAIMS to DEQUON JAMES and CARINA JAMES, of 152 Strong Avenue, Muskegon, Michigan
 49441,

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

          CITY OF MUSKEGON REVISED PLAT OF 1903, NORTH 45 FEET OF LOT 9, BLOCK 393
          (Common Address: 1298 Fourth Street)

 for the sum of: One Dollar ($ 1.00)

 PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
 foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
 any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
 shall agree to waive and terminate the reverter clause.

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

 Dated this   //;h   day of   .4'. ,,,. -n .6 ,, c   , 2003.

 Signed in the presence of:

 d~
 L,'o
             t@,,_
     ,/r.r ;dci,~r?,,,.-

'- Ch.rg-q tl,~'t.,':01 ~J_,u-l:::_
  I'!~""~~~,      ,__'c   \\'\_.   "? \r,._:t:t
 ST ATE OF MICHIGAN
 COUNTY OF MUSKEGON

        The foregoing instrument was acknowledged before me this )7,,,:; day of           ,,,/0
                                                                                vtm ,; r' ,,-
2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.

                                                                ~~ PS),,               /2:ait
PREPARED BY: John C. Schrier                                     /,,ul,r -'·/4.'/l"r        , Notary Public
Parmenter O'Toole                                              Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786                               My Comm. Expires: ·>-/;/ ,5--0 "'
Muskegon,MI49443-0786
Telephone: (231) 722- I 621
WHEN RECORDED RETURN TO: Grantee                               SEND SUBSEQUENT TAX BILLS TO: Grantee

G:\EDSI\FILES\00100\042601\OEEO_QUl\875308.DOC
TO:             Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          NOVEMBER 10, 2003

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Franklin, Washington St. to Michigan



SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Franklin, Washington
to Michigan, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of $17,572.51 would be spread against the six (6) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDA TJON:

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


COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                               Resolution No.     2003-90 (a)



                       Resolution Confirming Special Assessment Roll

                            For Franklin, Washington to Michigan


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 May 13, 2003, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

2.    That the assessments levied may be made in installments as follows: annual installments
      over ten (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 Franklin, Washington to Michigan
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: _ _S_c_h_w_e_1_·_f_l_e_r~,_C_a_r_t_e_r~,_G
                                               _ a_w_r_o_n~,_L_a_r_s_o_ ~
                                                                        n , _ S_h_e~p_h_e_r_d_ , _ _ __

             Spataro, Warmington

Nays: _ _N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _




                                                                 _Ciof        Mut egon              .
                                                    By ba..J.,
                                                          Gail A. Kundinger,
                                                                             -~            Ci
                                                                                              r yClerk


                                               CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on November 10, 2003.
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 November 10, 2003.




                                                                     City of Mus egon
                                  EXHIBIT A



   FRANKLIN ST. FROM WASHINGTON TO MICHIGAN
                     SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Franklin St. from \Vashington to Michigan
                FRANKLIN, WASHINGTON TO MICHIGAN

                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.
October 30th , 2003




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:


H 1569       FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN AVE.

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on MONDAY,
NOVEMBER 10TH, 2003 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 MONDAY.NOVEMBER 10TH, 2003 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 $70,000.00 of which
$17,572.50 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $3017.5 based on 85 feet assessable front footage at $35.5 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 $3017.5. Following are the
terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                       Interest Rate: 5% per year
                                 First Installment: $301.75 PER YEAR
                                    Due Date: January 12th, 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,


~~~JI#
Mohammed AI-Shatel, P.E.
City Engineer




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

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

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

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

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

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

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

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

   •    Be a citizen of the U.S.

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

   •    Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                                              STREET H-1569
                                            FRANKLIN ST., \VASHINGTON AVE. TO MICHIGAN A VE.
                                          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 infonnation for household members besides owner/spouse here.
    Name                                                                                      Birthdate                        Social Security# _ _. _ _- _ _
    Name                                                                                      Birthdate                        Social Security # - -.- -.- -
    Name                                                                                      Birthdate                        Social Security# _ _._ _. _ _
    Name                                                                                      Birthdate                        Social Security # _ _. _ _· _ _
                    .                       .                         ,.       ·.                                                   .


'                           ..        . •·.•.                                        INCOME INFORMATION

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

                                                                                                            Wage earner:

                                                                                                             Wage earner:

                                                                      Total:          $
                                                                           . ·.                                                                                                 .

                                      .          .                     .            PROPERTY INFORMATION                        .        .           .        .




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

    Homem-\·ner 1s Insurance Co:                                                                            Expiration Date:

    Property Taxes: ( ) Current           ( ) Delinquent          Year(s) Due
    (Property taxes must be current to qualify and will be verified by CDBG sfaft)
                                                                                                                     •              ·.                   .·
                        ·· .. ·   .                   .                              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 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 MAY 31, 2003
                                                                           ~
                                                                                                                                                                      .
                                            .·            .   '                      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, ownership, and property insurance.
                                                 CITY OF MUSKEGON
                                  FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN AVE.
                                                    STREET H-1569
                                    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 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
     2002, 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

                                                           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 be
     a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
     document showing both your name and address.

✓ Applicants must submit proof of current property insurance.

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

The City resen1es the right to ,·er{/j1 all application information, and to reject any applications that contain fals{'fied i,?f                             ..
                                                                                                                    ·.·,               .   .    .   .




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:                                                                                                                 Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
                                                                .      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, ownership, and property insurance.
                                                  CITY OF MUSKEGON
                                     NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.
                                                     STREET H-1564
                                     REQUEST FOR WAIVER 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 Community
      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
     2002, 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

                                                          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 be
     a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
     document showing both your name and address.

✓ Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                  Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.

11,e City reserl'es the right to verify all applfr:ation i,!formation, and to reject any applications that containfals{fied iltfhrmation or insl!fticient
documentation.
                                    CITY OF MUSKEGON
                                NOTICE OF PUBLIC HEARINGS
                         CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                   SPECIAL ASSESSMENT DISTRICTS:

                      FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN AVE.
                        NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.
                                            AND
                         WASHINGTON, FRANKLIN TO LAKESHORE DR.

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

                 •    All parcels abutting Franklin St., Washington Ave. to Michigan Ave.
          •            All parcels abutting Nims St from 181' west of Getty St. to Irwin Ave. & Irwin
                                     Ave., from Nims St. to 200' east of Wood St.
                                                  And
                            • All parcels abutting Washington, Franklin to Lakeshore Dr.

PLEASE TAKE NOTICE that, due to the observance of Veterans Day on Tuesday, November 11, 2003, a
hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on
Monday, November 10, 2003 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 HA VE THIRTY (30) DAYS FROM THE DA TE 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: November    I. 2003
                                                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
                                                                             ncvc.l v Lu
                                                                              c-rrv OF MUSKEGON
                                                                                   _r,r:1   ~   ()   <•:
                                         CITY OF MUSKEGON

                                       Resolution No. 2003-37 ( c)
                                                                             ENGINEERING DEPT.
                    Resolution At First Hearing Creating Special Assessment District
     For Nims St. from 181' west of Getty St. to Irwin Ave. and Irwin Ave. from Nims St. to 200'
                                         east of Wood St.
                          Location and Description of Properties to be Assessed:
                                 See Exhibit A attached to this resolution


RECITALS:

 I.        A hearing has been held on April 22, 2003 at 5:30 o'clock p.m. at the City
           Commission Chambers. Notice was given by mail and publication as required by
           law.

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

3.        At the hearing held April 22, 2003, there were 13. 11/o objections by the owners of the
          property in the district registered at the hearing either in writing received before or at the
          hearing or by owners or agents present at the hearing, and the Commission has
          considered the advisability of proceeding with the project.

FINDINGS:

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:

J.        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                Spataro                   and Mayor Warmington
        and the City Assessor who are hereby directed to prepare an assessment roll.
        Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 24.62% 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 _ _?:..__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


       Nays. _ _o " - - - - - - - - - - - - - - - - - - - - - - - - - - - - -



                                                            CITY OF MUSKEGON




                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on April 22, 2003. 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



                                                    Dy~2,~~
                                      EXHIBIT A


                                   Nims St. Getty to Irwin


                         SPECIAL ASSESSMENT DISTRICT

•   All properties abutting that section of Nims St. from 181' west of Getty St. to
              Irwin Ave. and Irwin Ave. from Nims St. to 200' east of Wood St.
         ....   \

   ~iJ                                                         H 1564                                 HEARING DATE      NOVEMBER 10, 2003

                                     NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.

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

24-129-400-9991-00    764.0    NIMS ST      STATE OF MICHIGAN PO BOX 30735               LANSING      Ml 48909-8        $0.00    $0.00          $0.00

24-129-400-0001-00    445.0    IRWINAVE     CITY OF MUSKEGON 933 TERRACE ST              MUSKEGON     Ml 49443     $58,544.12    $0.00   $58,544.12

24-129-400-0002-00    715.0    NIMS ST      CITY OF MUSKEGON 933 TERRACE ST              MUSKEGON     Ml 49443      $3,065.07    $0.00    $3,065.07

24-205-099-0001-10    1649.0   GETTY ST     FLEX-SPACE INC      1657 S GETTY             MUSKEGON     Ml 49442      $9,493.41    $0.00    $9,493.41

24-205-095-0001-65     500.0   IRWIN AVE    CLIFFORD BUCK CO    500 IRWIN AVE            MUSKEGON     Ml 49442      $2,054.71    $0.00    $2,054.71

24-205-096-0001-50    444.0    IRWIN AVE    FESCO ACQUISITION 444 IRWIN AVE              MUSKEGON     Ml 49442      $5,569.20    $0.00    $5,569.20

24-129-400-0001-00    445.0    IRWIN AVE    CITY OF MUSKEGON 933 TERRACE ST              MUSKEGON     Ml 49443      $6,193.95    $0.00    $6,193.95


                     TOTALS                                                                                      $84,920.46      $0.00 $84,920.46

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


                                                             BOARD OF ASSESSORS


                                                   /~~~✓~
                                               b.--1-FFTURNER, DIRECTOR,COUNT'i"'EQUAL1ZATlefN ;,:,:;.E


                                                                 o~---- 10~{~-03
                                                                                   _.--"--          It- l 7-!Y::;>
                                                                      CITY COMMISSIONER             DATE




10/30/2003
                                                                                                                                  Page 1 of 1
                     AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON )

      TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

      H-1564, NIMS ST. & IRWIN AVE. , WOOD ST. TO GETTY 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 ST ATES MAIL RECEPTACLE ON THE 30 th of October 2003


                                  GAIL A. KUNDINGER, CIT   CLERK


SUBSCRIBED AND SWORN TO BEFORE ME THIS
 JOt/i  DAYOF 0 ~                ,2003.

~ ,J, ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES    9-olS--O 6
                                     •.




TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          NOVEMBER 10, 2003

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Washington St., Franklin to Lakeshore Dr.




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Washington St.,
Franklin to Lakeshore Dr., and to adopt the attached resolution confirming the special
assessment roll.


FINANCIAL IMPACT:

A total of $73,310.13 would be spread against the seventy (70) parcels abutting the project.


BUDGET ACTION REQUIRED:

None at this time.


STAFF RECOMMENDATION:

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


COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                               ResolutionNo. 2003-90(c)


                       Resolution Confirming Special Assessment Roll

                       For Washington St., Franklin to Lakeshore Dr.


Properties Assessed: See Exhibit A attached to this resolution.

RECITALS:

I.     The City Commission determined to create a special assessment district covering the
       Properties set forth in Exhibit A attached to this resolution on March 11, 2003, at the
       first hearing.

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

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

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

THEREFORE, BE IT RESOLVED:

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

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

                          FOR Washington St., Franklin to Lakeshore Dr.
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: _ _G_a_w_r_o_n~,_L_a_r_s_o_n~,_S_h_e~p_h_e_r_d~'-S~p_a_t_a_r_o_,_W_a_r_m_i_n-g_t_o_n_,_ _ __

            Schweifler, Carter

Nays: _ _N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __




                                                                  City of 1 1skegon

                                                 By    tlJ_, a ~~
                                                                c:ti
                                                      Gail A.· Kundinger:                    Clerk


                                            CERTIFICATE

This resolution was___].gopted at a meeting of the City Commissi01:i, held on November 10, 2003.
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 November 10, 2003.



                                                                 City of Muskegon

                                                 By    {L1,;Q _ ~~ ~
                                                       Gail A. Kundinger, Ci a y Clerk
                                  EXHIBIT A


         Washington St., Franklin to Lakeshore Dr.

                     SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Washington St., Franklin to Lakeshore Dr.
            WASHINGTON ST., FRANKLIN TO LAKESHORE DR.

               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.


                               CITY OF MUSKFnlrlW

                               BY   ;~~~~~~~~
                                    ~   INGTON
October 30th , 2003




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE                               10




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:

H 1559      WASHINGTON, FRANKLIN TO LAKESHORE DR.

                                            Public Hearings

A public confirmation hearing will be held in the City of Muskegon Commission Chambers on MONDAY,
NOVEMBER 10TH, 2003 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 MONDAY NOVEMBER 10TH, 2003 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 $163,000.00 of which
$73,310.13 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $1657.26 based on 49.5 feet assessable front footage at $33.48 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 $1657.26. Following are the
terms of the special assessment:

                                 Assessment Period: Ten (10) Years
                                       Interest Rate: 5% per year
                                 First Installment: $165. 73 PER YEAR
                                     Due Date: January 12th, 2003
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?n~~~#
Mohammed AI-Shatel, P.E.
City Engineer




Enclosures
                     Special Assessment Payment Options

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

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

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

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

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

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

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

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

   •   Be a citizen of the U.S.

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

   •   Have a special assessment of $300.00 or more.

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

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

V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
                                             CITY OF MUSKEGON
                                                STREET H-1559
                                   WASHINGTON, FRANKLIN TO LAKESHORE DR.
                             CDBG APPLICATION FOR W AIYER 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 information)
Number Living in Household:                        List infmmation for household members besides owner/spouse here.
Name                                                                   Birthdate                              Social Security # _ _-_ _-_ _
Name                                                                   Birthdate                              Social Security # _ _-_ _ -_ _
Name                                                                   Birthdate                              Social Security # _ _ -_ _ -_ _
Name                                                                   Birthdate                              Social Security# _ _-_ _-_ _
                                    ',              '
                                                                                              '   '
                                                                                                                                       '
                                                                                       •
                                                        INCOME 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 staft)
                       ',                                  '
                                                                        ,·                                    '                                '




                .' '                                      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 information in this application, and all information furnished in suppot1 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 MAY 31, 2003
                                                          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, ownership, and property insurance.


                                           CITY OF MUSKEGON
                                  WASHINGTON, FRANKLIN TO LAKES HORE DR.
                                                                :STKJ<.:J<;T H-155'1
                                    REQUEST FOR "'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 Community
         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
     2002, 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

                                                           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 be
    a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
    document showing both your name and address.

✓ Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                  Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application information, and lo reject any applications that containfit!sified information or insz!fjicienl
documentation.
                                    CITY OF MUSKEGON
                                NOTICE OF PUBLIC HEARINGS
                         CONFIRMATION OF SPECIAL ASSESSMENT ROLLS

                                   SPECIAL ASSESSMENT DISTRICTS:

                      FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN AVE.
                        NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.
                                            AND
                         WASHINGTON, FRANKLIN TO LAKESHORE DR.

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

                 •    All parcels abutting Franklin St., Washington Ave. to Michigan Ave.
         •            All parcels abutting Nims St from 181' west of Getty St. to Irwin Ave. & Irwin Ave.,
                                         from Nims St. to 200' east of Wood St.
                                                     And
                           • All parcels abutting Washington, Franklin to Lakeshore Dr.

PLEASE TAKE NOTICE that, due to the observance of Veterans Day on Tuesday, November 11, 2003, a
hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on
Monday, November 10, 2003 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: November 1, 2003
                                                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
                                                                          RECEIVED
                                                                            CITY OF MUSKEGON
                                      CITY OF MUSKEGON
                                                                                 MAH 1 / 20t.J
                                   Resolution No.2 OO3 -2 4 ( d )

                                                                           FNGl~~[ERING DEPT.
                Resolution At First Hearing Creating Special Assessment District
                       For Washington St., Franklin to Lakeshore Dr.
                     Location and Description of Properties to be Assessed:
                            See Exhibit A attached to this resolution


 RECITALS:

 1.    A hearing has been held on March 11, 2003 at 5:30 o'clock p.m. at the City
       Commission Chambers. Notice was given by mail and publication as required by
       law.

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

 3.   At the hearing held March 11, 2003, there were 31 . 76 % objections by the owners of
      the property in the district registered at the hearing either in writing received before or at
      the hearing or by owners or agents present at the hearing, and the Commission has
      considered the advisability of proceeding with the project.

FINDINGS:

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

2.    The City Commission has considered the value cf 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 _ _JCiil..l-.~~-
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                       AFFIDAVIT OF MAILING


STATE OF MICHIGAN      )
                       ) ss
COUNTY OF MUSKEGON )

TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                  Washington, Franklin to Lakeshore Dr.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STA TES MAIL RECEPTACLE ON THE 28th DA Y ~ R Y , 2003.
                                           ' Q                    .
                                        AIL A. KUNDINGER,   er~   CLERK

SUBSCRIBED AND SWORN TO BEFORE ME THIS
  ,lllt6 DAY OF   mqre, I,       , 2003.

~          _:J>     /d&/L
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES   ;- d 0 - o {,,
           /~~)
           \   ·..
                                                                 H 1559                          HEARING DATE     NOVEMBER 10, 2003

                                      WASHINGTON, FRANKLIN TO LAKESHORE DR.

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

24-205-471-0021-00     1208.0   WASHINGTON    FOREST TRUMAN      1208 WASHINGTON A MUSKEGON      Ml 49441     $3,820.14    $92.69   $3,912.83

24-205-471-0011-00     1196.0   WASHINGTON    KOSCINSKI PAULINE 1196 WASHINGTON A MUSKEGON       Ml 49441     $1,675.50     $0.00   $1,675.50

24-205-4 71-0011-10    1188.0   WASHINGTON    WRIGHT ANTHONY D 1188 WASHINGTON A MUSKEGON        Ml 49441     $1,641.99     $0.00   $1,641.99

24-205-471-0012-00     1182.0   WASHINGTON    BLOOD RUSSELL L    480 W MAPLEWOOD     MUSKEGON    Ml 49444     $1,658.74   $354.72   $2,013.46

24-205-471-0013-00     1174.0   WASHINGTON    LOCKHART MARIE     1174 WASHINGTON A MUSKEGON      Ml 49441     $3,055.44    $70.94   $3,126.38

24-205-4 71-0015-00    1154.0   WASHINGTON    JAYNE MICHAELE     1154 WASHINGTON A MUSKEGON      Ml 49441     $2,408.03    $69.70   $2,477.73

24-205-4 71-0016-00    1148.0   WASHINGTON    FRY NOVA JEANNE    2461 HADDEN ST      MUSKEGON    Ml 49441     $1,340.40    $70.94   $1,411.34

24-205-4 71-0017 -00   1142.0   WASHINGTON    SMITH VICKI S      1142 WASHINGTON A MUSKEGON      Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-4 71-0018-00    1136.0   WASHINGTON    JDR PROPERTIES LL PO BOX 145           FRUITPORT   Ml 49415     $1,658.74   $353.52   $2,012.26

24-205-4 71-0019-00    1130.0   WASHINGTON    MARSHALL JOHN A    1405 BARCLAY ST     MUSKEGON    Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-4 72-0011-10    1110.0   WASHINGTON    CISNEROS ALICE     1110 WASHINGTON A MUSKEGON      Ml 49441     $2,764.58     $0.00   $2,764.58

24-205-472-0013-00     1100.0   WASHINGTON    CITY OF MUSKEGON                                                $2,211.66     $0.00   $2,211.66

24-205-4 72-0014-00    1088.0   WASHINGTON    JENSEN RODNEY L    1021 RIPPLE CREEK   HESPERIA    Ml 49421     $1,658.74     $0.00   $1,658.74

24-205-4 72-0015-00    1082.0   WASHINGTON    BURNS PAUL EDWA    1082 WASHINGTON A MUSKEGON      Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-472-0016-00     1072.0   WASHINGTON    KEETON GEORGE Z    1069 W SOUTHERN A MUSKEGON      Ml 49441-2   $1,658.74     $0.00   $1,658.74

24-205-4 72-0017-00    1068.0   WASHINGTON    FEDEWA THOMAS R/ 4142 FENNER RD        MUSKEGON    Ml 49445     $2,426.12     $0.00   $2,426.12
24-205-4 72-0018-10    1046.0   WASHINGTON    GREER TIMOTHY E    1046 WASHINGTON A MUSKEGON      Ml 49441     $1,935.20     $0.00   $1,935.20

24-205-481-0008-00     1187.0   WASHINGTON    TOURRE VIOLET L    1187 WASHINGTON A MUSKEGON      Ml 49441     $4,306.04     $0.00   $4,306.04


10/30/2003
                                                                                                                             Page 1 of 5
                                                               H 1559                         HEARING DATE     NOVEMBER 10, 2003

                                     WASHINGTON, FRANKLIN TO LAKESHORE DR.

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

24-205-481-0007-00   1171.0   WASHINGTON    FERRIS DIANNE M    1171 WASHINGTON A MUSKEGON     Ml 49441     $1,735.82     $0.00   $1,735.82

24-205-481-0006-00   1163.0   WASHINGTON    USHER HOWARD J/K 1163 WASHINGTON A MUSKEGON       Ml 49441     $1,735.82     $0.00   $1,735.82

24-205-481-0005-00   1157.0   WASHINGTON    HOWARD NANCY L     1157 WASHINGTON A MUSKEGON     Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-481-0004-00   1147.0   WASHINGTON    WESTCOMB ALLEN R 1147 WASHINGTON A MUSKEGON       Ml 49441     $1,658.74   $561.84   $2,220.58

24-205-481-0003-00   1143.0   WASHINGTON    BOLT ALLAN L       1143 WASHINGTON A MUSKEGON     Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-481-0002-00   1135.0   WASHINGTON    DEBOEF MARIAN      1135 WASHINGTON A MUSKEGON     Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-481-0001-10   1129.0   WASHINGTON    MTHREE LLC         3361 FULTON AVE    MUSKEGON    Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-480-0010-00   1442.0   BARCLAY ST    THERRIAN JAMES 0   11033 NICHOLS RD   HOLTON      Ml 49425     $1,658.74     $0.00   $1,658.74

24-205-480-0009-10   1105.0   WASHINGTON    CITY OF MUSKEGON                                                $837.75      $0.00     $837.75

24-205-480-0009-00   1101.0   WASHINGTON    COLLINS JERRY L/WI 1101 WASHINGTON A MUSKEGON     Ml 49441      $837.75      $0.00     $837.75

24-205-480-0008-00   1095.0   WASHINGTON    JDR PROPERTIES LL PO BOX 145          FRUITPORT   Ml 49415     $1,658.74     $0.00   $1,658.74

24-205-480-0007-00   1089.0   WASHINGTON    CITY OF MUSKEGON                                               $1,658.74     $0.00   $1,658.74

24-205-480-0006-00   1083.0   WASHINGTON    STEELE DONALD G/B 1083 WASHINGTON A MUSKEGON      Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-480-0005-00   1075.0   WASHINGTON    FERRARI HUGO J     PO BOX 5405        MUSKEGON    Ml 49445     $1,658.74     $0.00   $1,658.74

24-205-480-0004-00   1065.0   WASHINGTON    LOWERY JAMES B     1065 WASHINGTON A MUSKEGON     Ml 49441     $1,658.74     $0.00   $1,658.74

24-205-480-0001-00   1043.0   WASHINGTON    GOMEZ ANTHONY S    6884 WILDWOOD CT   FRUITPORT   Ml 49415-0   $2,985.74     $0.00   $2,985.74

24-510-000-0001-00   1249.0   LAKESHORE D WORKMAN BARBAR       1249 LAKESHORE DR MUSKEGON     Ml 49441      $173.25      $0.00     $173.25

24-510-000-0002-00   1249.0   LAKESHORE D ALEY THELMA M/ALE 1249 LAKESHORE DR MUSKEGON        Ml 49441      $173.25      $0.00     $173.25


10/30/2003
                                                                                                                          Page 2 of 5
                                                             H 1559                        HEARING DATE   NOVEMBER 10, 2003

                                     WASHINGTON, FRANKLIN TO LAKESHORE DR.

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

24-510-000-0003-00   1249.0   LAKESHORE D RADELL BERNICE M   1249 LAKESHORE DR MUSKEGON    Ml 49441     $173.25    $0.00      $173.25

24-510-000-0004-00   1249.0   LAKESHORE D AARDEMA TERRY/RU 16 BAMBI LN        MUSKEGON     Ml 49442     $173.25    $0.00      $173.25

24-510-000-0005-00   1249.0   LAKESHORE D CARLSON TRUST      427 BARBADAS     LAKELAND     FL 33803-0   $148.45    $0.00      $148.45

24-510-000-0006-00   1249.0   LAKESHORE D GURN RAY/RUTH/GU 1249 LAKESHORE CT MUSKEGON      Ml 49441-4   $148.45    $0.00      $148.45

24-510-000-0007-00   1249.0   LAKESHORE D VELTMAN REVOCAB    1249 LAKESHORE DR MUSKEGON    Ml 49441     $160.85    $0.00      $160.85

24-510-000-0008-00   1249.0   LAKESHORE D HARTMAN MARY RE    1249 LAKESHORE DR MUSKEGON    Ml 49441     $160.85    $0.00      $160.85

24-510-000-0009-00   1249.0   LAKESHORE D FOUNTAIN MARY M    1180 W NORTON AVE MUSKEGON    Ml 49441     $139.40    $0.00      $139.40

24-510-000-0010-00   1249.0   LAKESHORE D HARTMAN MARY RE    1249 LAKESHORE DR MUSKEGON    Ml 49441     $139.40    $0.00      $139.40

24-510-000-0011-00   1249.0   LAKESHORE D TERBEEK RUTH       1249 LAKESHORE DR MUSKEGON    Ml 49441     $139.40    $0.00      $139.40

24-510-000-0012-00   1249.0   LAKESHORE D TEMPLE ELAINE      1249 LAKESHORE DR MUSKEGON    Ml 49441     $167.21    $0.00      $167.21

24-510-000-0013-00   1249.0   LAKES HORE D BERGMAN THELMA A 1249 LAKES HORE DR MUSKEGON    Ml 49441     $160.85    $0.00      $160.85

24-510-000-0015-00   1249.0   LAKESHORE D BOTBYL CAROLYN L   1249 LAKES HORE DR MUSKEGON   Ml 49441     $139.40    $0.00      $139.40

24-510-000-0016-00   1249.0   LAKESHORE D BOSCH DONNA J TR   1249 LAKESHORE DR MUSKEGON    Ml 49441     $176.60    $0.00      $176.60

24-510-000-0017-00   1249.0   LAKESHORE D BENHAM FAMILY TR   1249 LAKESHORE DR MUSKEGON    Ml 49441     $176.60    $0.00      $176.60

24-510-000-0018-00   1249.0   LAKESHORE D SWEET PHYLLIS TRU 1249 LAKESHORE #22 MUSKEGON    Ml 49441     $216.81    $0.00      $216.81

24-510-000-0019-00   1249.0   LAKESHORE D MORRELL MARY E     1249 LAKESHORE DR MUSKEGON    Ml 49441     $216.81    $0.00      $216.81

24-510-000-0020-00   1249.0   LAKESHORE D BETKAJANE/MEYERI 1249 LAKESHORE DR MUSKEGON      Ml 49441     $160.85    $0.00      $160.85

24-510-000-0021-00   1249.0   LAKES HORE D LAMBERT TRUST     PO BOX 283       MONTAGUE     Ml 49437     $160.85    $0.00      $160.85


10/30/2003
                                                                                                                     Page 3 of 5
                                                                H 1559                          HEARING DATE   NOVEMBER 10, 2003

                                      WASHINGTON, FRANKLIN TO LAKESHORE DR.

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

24-510-000-0022-00   1249.0   LAKESHORE D HILL TYRONE           1249 LAKESHORE DR MUSKEGON      Ml 49441     $139.40    $0.00      $139.40

24-510-000-0023-00   1249.0   LAKESHORE D COFFIN JAMES          1066 RANDALL RD    MUSKEGON     Ml 49441     $139.40    $0.00      $139.40

24-510-000-0024-00   1249.0   LAKESHORE D BRANSTROM R D         1249 LAKESHORE DR MUSKEGON      Ml 49441     $139.40    $0.00      $139.40

24-510-000-0025-00   1249.0   LAKESHORE D DEMPSEY ALYCE         1249 LAKESHORE DR MUSKEGON      Ml 49441     $167.21    $0.00      $167.21

24-510-000-0026-00   1249.0   LAKESHORE D MARCEAU DOROTHY 1249 LAKESHORE DR MUSKEGON            Ml 49441     $160.85    $0.00      $160.85

24-510-000-0028-00   1249.0   LAKESHORE D SPOELMAN AMANDA 1249 LAKESHORE DR MUSKEGON            Ml 49441-0   $139.40    $0.00      $139.40

24-510-000-0029-00   1249.0   LAKES HORE D HILT GEORGE E LIVI   750 OCEAN ROYALE   JUNO BEACH   FL 33408     $328.06    $0.00      $328.06

24-510-000-0030-00   1249.0   LAKESHORE D WHITTAKER HAZEL T 1249 LAKESHORE DR MUSKEGON          Ml 49441     $216.81    $0.00      $216.81

24-510-000-0031-00   1249.0   LAKESHORE D OSBORN ROY/RUTH       1249 LAKESHORE DR MUSKEGON      Ml 49441     $377.66    $0.00      $377.66

24-510-000-0032-00   1249.0   LAKESHORE D SODERSTROM MARJ 1249 LAKESHORE DR MUSKEGON            Ml 49441     $160.85     $0.00     $160.85

24-510-000-0034-00   1249.0   LAKESHORE D WASSERMAN CHRIS 9200 WOODLAND DR ONEKAMA              Ml 49675     $139.40     $0.00     $139.40

24-510-000-0035-00   1249.0   LAKESHORE D SCHUITEMAN REBEC 1249 LAKESHORE DR MUSKEGON           Ml 49441     $139.40     $0.00     $139.40

24-510-000-0036-00   1249.0   LAKESHORE D MCKINLEY PATRICIA 507 CITADEL CIRCLE WESTMONT         IL   60559   $139.40     $0.00     $139.40

24-510-000-0037-00   1249.0   LAKESHORE D VANREES LEON/KAY 1249 LAKESHORE DR MUSKEGON           Ml 49441     $167.21     $0.00     $167.21

24-510-000-0038-00   1249.0   LAKESHORE D WINSEMIUS RUSSEL 1249 LAKESHORE DR MUSKEGON           Ml 49441     $160.85     $0.00     $160.85

24-510-000-0040-00   1249.0 LAKESHORE D ABBOTT J/VANDERW 2704 GEORGETOWN MIDLAND                Ml 48642     $139.40     $0.00     $139.40




10/30/2003
                                                                                                                          Page 4 of 5
                                          H 1559                              HEARING DATE   NOVEMBER 10, 2003

                      WASHINGTON, FRANKLIN TO LAKESHORE DR.

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


             TOTALS                                                                    $71,735.78   $1,574.35 $73,310.13

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


                                        BOARD OF ASSESSORS


                            /~~
                           CG./~URNER, ~"TOR,COUNTY EQUALIZATlefN~
                                                                   //,J;~~
                                                                          o{~ .
                                ~~      -~                             /,- /7- o:3
                           ~~~Avv,Ko(              CITY COMMISSIONER      DATE


                           ~
                                 /
                                ""--7       0                          /0-1   7-0__s
                            LARRY SPATARO       Cl                        DATE




10/30/2003
                                                                                                         Page 5 of 5
                     AFFIDAVIT OF MAILING


STATE OF MICHIGAN   )
                    ) ss
COUNTY OF MUSKEGON )

      TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :

        H-1559, WASHINGTON, FRANKLIN TO LAKESHORE DR.

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

                                   LO.              ~~
                                                     LE
                                 GAIL A. KUNDINGER, CITY


SUBSCRIBED AND SWORN TO BEFORE ME THIS
3crt{ DA y OF Oc ~ ,             '2003.

CXJ.,n&a xL ,ti£
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES    ;1~ dl o/0 (,
            Commission Meeting Date: October 28, 2003




Date:            October 21, 2003
To:             Honorable Mayor & City Commission
From:           Planning & Economic Development Department
RE:             Request to Withdraw Reverter Language from
                Deed for Property at 407 W. Webster


SUMMARY OF REQUEST: The attorney for Thomas Russo, who purchased 407 W.
Webster from the City, is requesting that the City withdraw the reverter language contained in
the Purchase Agreement, dated February 16, 1998. The reverter language was included in
Section 8 of the Purchase Agreement, and required that the purchaser make improvements
to the premises within 18 months, that the owner or subsequent owners occupy the premises
as owner-occupants for a period of at least 10 years, and that if the property is used as a
rental property during the 1O year period, the City has the right to quit claim deed the property
from the Buyer. The attorney for Mr. Russo is requesting that the "City release the Russo's
and the Russes' perspective successors in interest from the effects of the reverter language"
(see attached letter). Apparently, the Russo's are in the process of selling the property, and
they are being told by the perspective purchasers that they are unable to obtain mortgage
financing with the reverter language present. Staff recommends that the reverter language
be kept as it is. The City has included reverter language in the sale of it's properties for
several years, and has not had a problem with other properties. In addition, the specific area
where 407 W. Webster is located is one where the City has sold several properties, with the
express intent that they be owner-occupied. It would be a disservice to the other property
owners to change this condition at this time.

FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To deny the request from Mr. Russo's attorney to change the
reverter clause language on their deed/purchase agreement and release the Russes and
their perspective successors in the interest from the effects of the reverter language. Staff is
willing, however, to meet with any financial institution to explain our program for infill, and the
reasons for the reverter clause (and staff has informed Mr. Russo and his attorney of this
offer).
                                      AGENDA ITEM NO. _ _ _ __

                               CITY COMMISSION MEETING        11/10/03


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          November 5, 2003

RE:            MDEQ/Army Corps of Engineers Permits for the Ferry Project


SUMMARY OF REQUEST:

To authorize staff to apply for permits on behalf of the City for the cross-lake ferry project.



FINANCIAL IMPACT:

Minimal application fees.



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

To approve the request.



COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (CROSS-LAKE FERRY PERMITS)
Nov 04 03 02:09p             Great Lak es Dock&Material                      2317558410                              p.2




                                                                           1920 Lakeshore Drive • Muskegon, Michigan 49441
                                                                             Telephone (231) 759-8230 • Fax (231) 755-6437




        November 4, 2003

        City of Muskegon
        Department of Leisure Services
        993 Terrace Street
        Muskegon, Ml 49441

        RE:      Letter of Authorization

        Attn:    Mr. Bryon Mazade
                 City Manager


        Dear Mr. Mazade:

        Great Lakes Marina & Storage, L.LC. does hereby authorize the City of Muskegon lo be listed as the
        "applicant" for the required Joint Pennit Application process to the U.S. Army Corps of Engineers
        (USACE) and the Michigan Department of Environmental Quality (MDEQ).

        Great Lakes Dock & Materials, LL.C. will be listed as the "agent" and will be responsible for the drafting
        and submittal of the required permit applications.

        This letter of authorization shall be valid for the ''Proposed Ferry Dock in Lakeside" and shall not cover
        any other permitted activities.

        Please call if you have any questions or require any additional information.




       JGB/g1b




                                                                                              RECEIVED
                                                                                                   NOV   i.t
                                                                                                     Mus\ EGON
                                                                                                                2003

                                                                                             CITY MANAGER'S OFFICE
Date:      November 10, 2003
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Liquor License Request
           1934 Peck




SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Sherm's Saloon, Inc., 1934
Peck to transfer ownership of the 2003 Class C-SDM licensed business
from Griffs, Inc.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:           All departments are recommending
approval.
                   Muskegon Police Department
                                     A~L.7::.~
                                      e~~ Prdue


                   980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
                                    (23 1) 724-6750 (23 1) 722-5140 /=
                                         www.muskegonpolice.com




October 31, 2003



To:          City Commission through the City Manager

From:
                   ny L. Kleibecker, Chief of Police

Re:          Liquor License Transfer - 1934 Peck Street


The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of applicant Richard E. Denhof, stockholder in
the proposed Sherm's Saloon Inc. at 1934 Peck St. in Muskegon.

Mr. Denhof is requesting to transfer ownership of 2003 Class C-SDM licensed business
from Griffs, Inc. Mr. Denhof has had no experience in owning an alcohol service
establishment but has been made aware of the Muskegon Police Department's position
on enforcing local alcohol laws and ordinances.

A check of Muskegon Police Department records and a criminal history show no reason
to deny this request.



ALK/dl
To:     Chief Tony Kleibecker

From: Det. Kmt Dykman

Date:   10-30-03

Re:     Liquor License Transfer



Chief Kleibecker,

The Muskegon Police Depmtment has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Richard E. Denhof, Stocld1older
in proposed Sherm's Saloon, Inc., 1934 Peck St., Muskegon, Ml. 49441.

Richard Denhof is requesting to transfer ownership of 2003 Class C-SDM licensed
business from Griffs, Inc. Mr. Denhofhas had no experience of owning an alcohol
service establishment but has been made aware of the Muskegon Police Departments
position on enforcing local alcohol laws and ordinances.

A check of MPD records and Criminal History showed no reason to deny this request.

Respectfully submitted,




data/common/Denhof
                                                                                           Michigan DP' ·rtment of Consumer & Industry Services
                                                                                              MICHIG      JQUOR CONTROL COMMISSION
 POLICE INSPECTION REPORT ON L
 Req ID # 229993
                                                      .JR LICENSE REQUEST
                                   (Authorized by MCL 436.1217)
                                                                                                            7150 Harris Drive
                                                                                                             P.O. Box 30005      \
                                                                                                                                   Lr 11,,,n
                                                                                                                                        1 l:"-c,1 J()'~
                                                                                                     Lansing, Michigan 48909-75d5l (y .., ;i, D

    Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
               Return the completed report and fingerprint cards to the Commission.
  BUSINESS NAME AND ADDRESS: (include zip code)
  SHERM'S SALOON, INC., 1934 PECK, MUSKEGON, Ml 49441 , MUSKEGON COUNTY

  REQUEST FOR:
  REQUEST TO TRANSFER OWNERSHIP OF 2003 CLASS C-SDM LICENSED BUSINESS FROM
  GRIFF'S, INC.

I Section 1.                                                      APPLICANT INFORMATION                                                             I
 APPLICANT #1:                                                              APPLICANT #2:
  RICHARD E. DENHOF - STOCKHOLDER
 HOME ADDRESS AND AREA CODE/PHONE NUMBER:                                   HOME ADDRESS AND AREA CODE/PHONE NUMBER:
 164~ ELWOOD
 MUSKEGON, Ml 49441
 H(231 )732 2e7-Q/B(231 )726-2670
 DATE, OFBIRTH: 2. - J- L/fi                                                DATE OF BIRTH:
 If the applicant is not a U.S. Citizen:                                    If the applicant is not a U.S. Citizen:
    0                                                                           0
        Does the applicant have permanent Resident Alien status?                    Does the applicant have permanent Resident Alien status?
         - D Yes        •No                                                            •   Yes     •   No
    0                                                                           0
     Does the applicant have a Visa? Enter status:                               Does the applicant have a Visa? Enter status:
    Date finqerorinted:                                                         Date fingerprinted:
         Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission.                                   I
 ARREST RECORD:            0 Felony            •
                                             Misdemeanor                    ARREST RECORD:                 •
                                                                                                         Felony       • Misdemeanor
 Enter record of all arrests & convictions (attach a signed and dated       Enter record of all arrests & convictions (attach a signed and dated
 report if more space is needed)                                            report if more space is needed)

I Section 2.                                   Investigation of Business and Address to be Licensed                                                 I
 Does applicant intend to have dancing or entertainment?
 of'.'.No D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit

 Are gas pumps on the premises or directly adjacent?               ~ '.No   •   Yes, explain relationship:


I Section 3.                        Local and State Codes and Ordinances, and General Recommendations
 Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
 and ordinances, if this license is granted?  !2f-Yes     D No

 If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)


I Section 4.                                                         Recommendation
 From your investigation:
   1. Is this applicant qualified to conduct this business if licensed?      J81. Yes      D No
   2. Is the proposed location satisfactory for this business?              ..00 Yes          No       •
   3. Should the Commission grant this request?                              ~ Yes         D No
   4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)


                                                                                                                                 / u -.3, - O.J
                                                              Signattie{SAsAff-.er Chief of Police)                                 Date

                                                              MUSKEGON POLICE DEPARTMENT



   LC-1 800 Rev. 07/02
                                      STATE OF MICHIGAN
                          DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                 LIQUOR CONTROL COMMISSION
                                                   7150 Harris Drive
                                                    P.O. Box 30005
                                                Lansing, MI 48909-7505


                                 LOCAL APPROVAL NOTICE
                                  (Authorized by MCL 436.1501(2) and MAC 1105(2)(d))




                                                                                       Req ID: 229993

 Date: September 30, 2003

To:         MUSKEGON CITY COMMISSION
            933 TERRACE STREET
            PO BOX 536
            MUSKEGON, MI 49443-0536

Applicant: SHERM'S SALOON, INC.

Home Address And Phone No:
RICHARD E. DENHOF, 1641 ELWOOD, MUSKEGON, Ml 49441 H(231)722-2670/B(231)726-2670

Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.

For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.

If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.



                    PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
                   TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS



sfs



LC-1305 REV 9/17
4880-1234
                     Michi!,-.l Department of Consumer & Industry !:>v,vices
                                LIQUOR CONTROL COMMISSION
                                        7150 Harris Drive
                                         P.O. Box 30005
                                  Lansing, Michigan 48909-7505

                                 POLICE INVESTIGATION REQUEST
                                   [Authorized by MCL 436.1201 (4 )]



To:     MUSKEGON POLICE DEPARTMENT                          Date: September 30, 2003
        CHIEF OF POLICE                                     REF#: 229993
        980 JEFFERSON STREET, PO BOX 536
        MUSKEGON, Ml 49443-0536
                            ..

Chief Law EnfoJ.Cement Officer

Applicant:

SHERM'S SALOON, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2003 CLASS C-SDM
LICENSED BUSINESS, LOCATED AT 1934 PECK, MUSKEGON, Ml 49441, MUSKEGON COUNTY,
FROM GRIFF'S, INC.




Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form, you may use
the back.

Forward your report and recommendations of the applicant to the Licensing Division.


Please include fingerprint cards and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.


If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.




LC-1972 Rev. 9/17
4880-1658

sfs
        THE FRONT OF THE DOCUMENT HAS A MICRO-PRINT DATE l.lNE AND THERMOCHROMIC. ABSENCE OF Tll~SE FEATURES WILL INDICATE ,I ('0!'\'




                       e
                                         INTERNATIONAL MONEY ORDER
                                                                            l""''•., 3 49 5 5 38 8 8 2
                                                                            ~O1:,TRAVELERS EXPRESS COMPANY INC.· DRAWER
 TraveiersExpressMoneyGram                                                              P.O. BOX 9476, MINNEAPOLIS, MN 55480


                                                                                       DATE                                             75-5~
                                                                                                                                         919




AMOUNT

:Waffa~~:;f Bank
Sou/h Central
Fanbault, MN

  1:D'l l.'lODS:l:!1::11,9                         55:1888 2811'                      90
             LIQUOR LICENSE REVIEW Foru,1

 Business Name:         Gr/ /1 / ~          Tn c.
 AK.A Business Name (if applicable):         c'S/2 ·e cm  :s S'·Q. /~oh) I/Jc,
 Operatol!"/Manager's Name:         £c hq/'J         j)ea/201'
 Business Address:                       /93 Y      feck

 Reason for Review:
 New License      D        Transfer of Ownership    rgf              D
                                                            Dance Permit

 Drop/Add Name on License          D·              Transfer Location D

Drop/Add Stockholder Name          D       New Entert~inment Permit D

Other-------------------------

Deadline for receipt of all information: __________

Police Department Approved         D Denied D       No Action NeededO

Income Tax             Approved ~      Owing .D Amount: - - - -

Treasurer              Approved
                                   •   Owing  D     Amount:

Zoning                 Approved    •   Denied D     Pending ZBA        •
Clerk's                Approved
                                   •    Owing   •   Amount:

Fire/Inspection       Compliance   0   Remaining Defects
  Services




Department Signature_~- - -·__..;;.'---..,__-
                                           ~__,__ _ _ _ _ _ _ _ __


                                           Gail A. Kundinger, City Clerk
                                                          Liquor License Coordinator
             LIQUOR LICENSE REVIEW FORLVI

 Business ifame:        Gr/ff l             T;, c.
 AKA. Business Name (if applicable):        (5/2 ecm :s S'·Q. l~onj Inc,
 Operator/Manager's Name:          ;£c /2q/'J        f)en/20£
 Business Address:


 Reason for Review:

 New License      0        Transfer of Ownership     ©               D
                                                           Dance Permit

 Drop/Add Name on License          D·              Transfer Location D

Drop/Add Stockholder Name          D       New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: _ _ _ _ _ _ _ _ __

Police Department Approved         D   Denied   0   No Action NeededO

Income Tax             Approved    •   Owing _O     Amount:

Treasurer              Approved
                                   •   Owing ,i fAmount:.       Jro! . 5Ce - wo--b. G~l(
Zoning                 Approved    •   Denied   D   Pending ZBA       0           ~ \~\c?)
Clerk's                Approved
                                   •    Owing   •   Amount:                           1-~\'\
Fire/Inspection       Compliance   O   Remaining Defects _ _ _ __
 Services




Department Signature     ~ 1iji1b

                                           Gail A. Kundinger, City Clerk
                                                         Liquor License Coordinator
                                                                              RECr=I\/ .:D
               LIQUOR LICENSE REVIEW FOR1'10CT 2 9 2003
                                                                                 Gin' or MUSKEGON
                                 fl fl \                                       PLANNING DEPARTMENT
                           G
 Business Name: - ~ --_,_C~/...,_T__._C_·=S,__ ___.l;,""-,C...._c,.,.·=·_ _ _ _ _ _ _ __

 AKA Business Name (if applicalbie):                 (5/2 ecm ~              S'-Q. /o on.I I/le,
 0perato1r/Manage:r's Name:              ;£c /;q/'J           j}e.n/20/J
 Business Add:ress:                             /9J Y  &e-k
                                             dlu s J;ee~ 1221
 Reason for Review:

 New License       D           Transfer of Ownership          ©               D
                                                                     Dance Permit

 Drop/Add Name on License               •                   Transfer Location D

 Drop/Add Stockholder Name              D           New Entert~inment Permit D
 Other _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ __ _ _ _ _ __

Deadline for receipt of all information: _ _ _ __ _ _ __ _

Police Department Approved              D Denied D           No Action Needed D

Income Tax               Approved •          Owing _O        Amount:

Treasurer                Approved
                                  •          Owing     D     Amount:

Zoning                   Approved       ~ Denied •          Pending ZBA         0
Clerk's                  Approved
                                       •      Owing   •      Amount:

Fire/Inspection        Compliance      0     Remaining Defects
  Services




Department Signature---""(_!·___;: p· - ~-
                             JJ_' ·____            -~- --=-- - - - - - - -

                                                   Gail A. Kundinger, City Clerk
                                                                   Liquor License Coordinator
             LIQUOR LICENSE REVIEW FORJ.'1

 Business Name:         Ge/ f / l          'Ti, c.
 AXA Business Name (if applicable):         ,S/2 ecm ;s
 Operator/IVIanager's Name:       ;£c hq/'J        J2en/2o/J
Business Address:                       /9J 'I     /ec)(


Reason for Review:

New License       D        Transfer of Ownership   rgf               D
                                                           Dance Permit

Drop/Add Name on License          D·               Transfer Location D

Drop/Add Stockholder Name         D        New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: _____ _ _ _ __

Police Department Approved        D Denied D       No Action Needed D

Income Tax             Approved   • Owing D        Amount:

Treasurer              Approved
                                •    Owing  D      Amount:

Zoning                 Approved •    Denied D      Pending ZBA        0
Clerk's                Approved
                                •      Owing   •   Amount:

Fire/Inspection       Compliance ~ Remaining Defects
 Services




Department Signatur~ ~                                       /4.     / /•c::J ?




                                          Gail A. Kundinger, City Clerk
                                                         Liquor License Coordinator
.,,•·o r-oJ
   ,,?,,-



                           LIQUOR LICENSE REVIEW FORJ.\1

               Business Name:         Gr/fr l             Tac.
               AXA Business Name (if applicable):                                   S'C& loon.I        I/Jc ,

               Operator/Manager's Name:

               Business Address:                       /9J 1
                                                                  l        1221
              Reason for Review:

              New License       D        Transfer of Ownership        ©            D
                                                                            Dance Permit

              Drop/Add Name on License           D·              Transfer Location D

              Drop/Add Stockholder Name          D       New Entert~inment Permit D
              Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

              Deadline for receipt of all information: __________

              Police Department Approved         D Denied D       No Action Needed           D
              Income Tax             Approved •      Owing _O     Amount:

              Treasurer              Approved
                                              •      Owing  D     Amount:

              Zoning                 Approved •      Denied D     Pending ZBA          0
              Clerk's                Approved
                                              •       Owing   •   Amount:

              Fire/Inspection       Compliance   OZJ Remaining Defects
               Services




                                                         Gail A. Kundinger, City Clerk
                                                                          Liquor License Coordinator
  Affirrnalive Action
  6161724-6703
• FAX/122•1114

 Assessor
 616n:24-6708
 fAX/724-4178

  Cemetery
  616/724-6'183
  FAX1126-5611

   Civil Service
                                                                                                                             :
   6161724-6116                                                                                           $
   F AX/71-4•4055
                                                                                                           •~   .••
    Clerk
                                                                                                          ."
                                                                                                           0
                                                                                                                ~

                                                                                                                -•
                                                                                                                •
    6161714-670$                                                                                                ~

    FAX/724A178                                                                                                 ()


    ComU\. & Neigh.
        Services
    6(6/72.4-6717                      November 12, 2003
    F'AX/726-2501

      Engineering
      616/714-6707
      FAX1727-6904
                                       Liquor Control Commission
      Finance
      616/724-6713                     7150 Harris
      FAX/724-6768
                                       pQBox30005
       Fire Dept,                      Lansing, Ml 48909-7505
       6161124-6792
       FAX/714,6985

        lncomeTax
                                        REF: #229993
        616m4-6770                           1934 Peck
         FAX/'124•6768                       Muskegon, Ml 49441
        1nfo. Systems
        616}124-6'106                    To Whom It May Concern:
        FAX1721-4301

         Leisure SerVice                 Enclosed is the Resolution, LC-1800, and print card for 1934 Peck Street.
         616/'124-6704
         FAXl7l4-l l%
                                         Please do not hesitate to call me at (231) 724-6705 if you have any questions.
          Manager's Office
          616!'114-6724
          FAXml-1114
                                          Sincerely,
           l\•fayor's Offite
           616/114-6701
            FAX1712-1214

           Neigh. & Const.
              Senices                     Linda Potter
           6\6/714--6715
           FAX1716-1501                   Deputy Clerk
            Ffanning/Zoning
            6l617l4-6702                   Enc.
            f AX:1724-6790

             Police Dtllt,
             616/724-6750
             fAX/71.l·SHO

              Public \VorM
              (il(i/724--4100
               FAX/722-4188

               rreasurcr
               )l

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