City Commission Packet 12-12-2000

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            CITY OF MUSKEGON
               CITY COMMISSION MEETING
                            DECEMBER 12, 2000
         CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                         AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
               a. Resolution -Terry "Marco" Clay. COMMUNITY RELATIONS COMMITTEE
               b. Resolution -     Muskegon Catholic      Central.    COMMUNITY RELATIONS
                  COMMITTEE
o CONSENT AGENDA:
               a. Approval of Minutes. CITY CLERK
               b. City Policy Book. CITY CLERK
               c. Marina Engineering Study. LEISURE SERVICES
               d. Coastal Management Grant. LEISURE SERVICES
               e. Launch Ramp Repair Agreement. LEISURE SERVICES
               f.   Issuance of Quit Claim Deed for 1411 Dudley Street.          PLANNING &
                    ECONOMIC DEVELOPMENT
               g. Amendment to City of Muskegon Groundwater Ordinance. PLANNING &
                  ECONOMIC DEVELOPMENT
               h. Concurrence with Housing Board of Appeals determination for demolition
                  of the structures at 1213 Francis. INSPECTION SERVICES
               i.   Concurrence with Housing Board of Appeals determination for demolition
                    of the structures at 1541 Eighth St,( 514 W. Southern). INSPECTION SERVICES
               j.   Encroachment Agreement CSX. ENGINEERING


o PUBLIC HEARINGS:
               a. Confirming Special Assessment Roll - Roberts Street. ENGINEERING
                       b. Confirming Special Assessment Roll - Laketon Avenue. ENGINEERING
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                       a. Manpower Contract for 2001. CIVIL SERVICE
•   NEW BUSINESS:
                       a. Arena Management Contract. LEISURE SERVICES
                       b. Jalepeno's Lease Agreement. LEISURE SERVICES
                       c. 2001 User Fee Update. FINANCE
                       d. Proposals to Provide Legal Services to the City. ASSISTANT CITY MANAGER
                       e. Concurrence with Housing Board of Appeals determination for demolition
                          of the structures at 497 Catawba. INSPECTION SERVICES
                      f.   Concurrence with Housing Board of Appeals determination for demolition
                           of the structures at 4 W. Clay Ave. INSPECTION SERVICES
                      g. Ordinance to regulate the storage and accumulation of junk vehicles and
                         refuse. CITY ATTORNEY
                      h. 2001 Salary Schedule and Fringe Benefits for Non-Represented Employees
                         and the 2001 Salary Schedule for Part Time and Limited Term Employees.
                         CITY MANAGER
                      i.   General Employees Retirement System Ordinance Amendment.                                CITY
                           MANAGER
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   Reminder: Individuals who would like   to address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   Limit of 3 minutes to address the Commission.
•   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE
MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY CLERK, 933 TERRACE
STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
                                    AGENDA ITEM

                CITY COMMISSION MEETING December 12, 2000



               HONORABLE MAYOR AND CITY COMMISSIONERS

FROM:          Community Relations Commission

DATE:          December 5, 2000

               Resolution Request



SUMMARY OF REQUEST

A resolution was requested to recognize Terry "Marco" Clay. On October 29, 2000, the
Muskegon Fire Department responded to an alarm of fire at 1408 Leahy. On arrival, the
second floor of the structure was well involved in fire. During the fire extinquishment, a
victim was discovered in the area of fire origin. It was later learned through interviews
that a subject from down the street forced the door to the lower front apartment and
carried two people out of the building. They were not injured, but were otherwise
incapacitated.

Mr. Clay was the person who made the rescue and did so at great risk to his own personal
safety with the fire raging above him.


FINANCIAL IMPACT

None

BUDGET ACTION REQUIRED

None

STAFF RECOMMENDATION

Approval
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  lJ,,i,!\'. ~REA$; -'the City of Muskegon pauses to honor and recognize Terry "Marco" Clay
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                            ..Ji_..,:,•                                    t ber 29 , 2000;and
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       :;                           Wl{li'.J,U;~lj,,:;itJl.e. ~fty_ of Muskegon is proud of your bravery and is th~nkful to have
            ... •                               ; };,: / ' '       ·   ·:~~.  S. fine individual in our City who shows care, c0ncem and v~lue for
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                                                      / · ,.~•;"       ,@] ives of neighbors in our community; and
                      ,'t:\iuJikAk, ,w                                     feel it is important to publicly acknowledge the daring rescue that put
    id;'',{1 ,,rJ\\.,                                    ,              your own personal safety in great risk, while a fire was raging above you;
       '¥5J::;i<\;;": .                                                 and
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                                \;\YlJEREAS, it is an honor to have such a noble, self-sacrificing and courageous
                /\ ;~, /                                                member of our community. Our city is a better place because of you:
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                \ i]SOW, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the
           ··''. ;t'1}                                                  City of Muskegon and speaking on behalf of the City Commission and
                ',,?>.                                                  citizens of Muskegon, do hereby set aside December 12, 2000 to honor
                               ·• '·                                    Terry "Marco" Clay for his heroism .
                                    .'
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                                                                                                 IN WITNESS WHEREOF, we hereunto set our
                      /;            ','.,                                                        hands and cause the seal of the City to be affixed
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        1<'! ·;,                                                                                 this 12th day of December, 2000.
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                                    Fred J. Nielsen, Mayor
                                                          .                                             Clara Shepherd, Commissioner

            ,                       Scott Sieradzki, Vice Mayor                                         John Aslakson, Commissioner

                                                                                                        Lawrence 0. Spataro, Commissioner

                                                                                                        Jone Wortelboer Benedict, Commissioner

                                                                                                        Robert Schweifler, Commissioner
                                   AGENDA ITEM

               CITY COMMISSION MEETING December 12, 2000



              HONORABLE MAYOR AND CITY COMMISSIONERS

FROM:         Community Relations Commission

DATE:         December 5, 2000

              Resolution Request



SUMMARY OF REQUEST

A resolution was requested to recognize Muskegon Catholic Central High School on their
State football championship.



FINANCIAL IMPACT

None

BUDGET ACTION REQUIRED

None

STAFF RECOMMENDATION

Approval
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 ~i:Jf1, ~REA~~-: the Ci1?' of Muske~on pauses to honor and congratulate the M~skegon
     '1        ~ ~\   t{ts -~ . \ .Catholic Central High School Football Team for your accomplishments
                ~1,·:t'.,) ":; .. this year and on achieving a State Championship; and
                 !.··,'-d.'.},.t,•~ft"\ ... / .. :         ---.
          .       _Wl,l~~~~'E~-~%O~~u~kegon is proud of your success and is thankful to have .
      - · ,: _ .if_'PJt,i'._·,:, -~,--                      , fine md1v1duals from the Muskegon area to represent our community;
       · i.'/t,i,!;/ \' -"f'."c, ' .. .,@J'. I j
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            _/~/~REAS, ,;vie feel it is important to publicly acknowledge the hard work and
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                                                        dedication you've given to your sport and the success you have achieved
  '!;:§;_,j',y, 't\;v.:                                 as a result· and
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          ,&'f' \Y,V11EREAS,                         we would like to express our recognition to Coach Dan Matusiewicz, his
              {\ ,\\ /                               assistants and the team on such a memorable and notable accomplishment.
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                                                     We wish you continued success in all of your future endeavors:
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               \.;, ~RW, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the
              ·. ?:\Ji
                   ,·f:•
                                                     City of Muskegon and speaking on behalf of the City Commission and
                 · ··-1
                           ,.                        citizens of Muskegon, do hereby set aside December 12, 2000 to
                                                     congratulate the Muskegon Catholic Central Football Team on an exciting
                                                     season and on winning the State Championship.
                                                                          IN WITNESS WHEREOF, we hereunto set our
                                                                          hands and cause the seal of the City to be affixed
                                                                          this 12th day of December, 2000.


                       Fred J. Nielsen, Mayor                                    Clara Shepherd, Commissioner

                       Scott Sieradzki, Vice Mayor                               John Aslakson, Commissioner

                                                                                 Lawrence 0. Spataro, Commissioner

                                                                                 Jone Wortelboer Benedict, Commissioner

                                                                                 Robert Schweifler, Commissioner
Date:     December 12, 2000
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 Special
Commission Meeting that was held on Tuesday, November 21, 2000;
and the Regular Commission Meeting that was held on Tuesday,
November 28, 2000.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
            CITY OF MUSKEGON
              CITY COMMISSION MEETING
                           DECEMBER 12, 2000
           CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                        MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Ter-
race Street, Muskegon, Michigan at 5:30 p.m., Tuesday, December 12, 2000.
   Mayor Nielsen opened the meeting by introducing Vice-Mayor Sieradzki who offered the
prayer after which members of the City Commission and the members of the public joined in
reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Fred J. Nielsen; Vice-Mayor Scott Sieradzki; Commissioners Clara Shep-
herd, Lawrence Spataro, Robert Schweifler, John Aslakson, and Jone Wortelboer Benedict
   Absent: None
HONORS AND AWARDS:
                a. Resolution -Terrv "Marco" Clay. COMMUNITY RELATIONS COMMITTEE
     SUMMARY OF REQUEST: A resolution was requested to recognize Terry "Marco" Clay. On
October 29, 2000, the Muskegon Fire Department responded to an alarm of fire at 1408
Leahy. On arrival, the second floor of the structure was well involved in fire. During the fire
extinquishment, a victim was discovered in the area of fire origin. It was later learned
through interviews that a subject from down the street forced the door to the lower front
apartment and carried two people out of the building. They were not injured, but were oth-
erwise incapacitated. Mr. Clay was the person who made the rescue and did so at great
risk to his own personal safety with the fire raging above him.
   Resolution was presented to Terry Clay by Commissioner Benedict.
               b. Resolution -   Muskegon Catholic Central.         COMMUNITY RELATIONS
                  COMMITTEE
  SUMMARY OF REQUEST: A resolution was requested to recognize Muskegon Catholic
Central High School on their State football championship.
  Resolution was presented to Coach Mike Holmes and two Captains by Mayor Nielsen.

2000-112CONSENT AGENDA:
               a. Approval of Minutes. CITY CLERK
   SUMMARY OF REQUEST: To approve the minutes of the Special Commission Meeting that
was held on Tuesday, November 21, 2000; and the Regular Commission Meeting that was
held on Tuesday, November 28, 2000.
   FINANCIAL IMPACT:    None
   BUDGET ACTION REUIRED: None
   STAFF RECOMMENDATION: Approval of the minutes.
               b. City Policy Book. CITY CLERK
   SUMMARY OF REQUEST: To adopt the City Policy Book as presented. This large document
has been reviewed by all of you and discussed at previous Legislative Policy Committee
meetings. Any changes that you have asked have been incorporated into this document as
presented to you now. This is a working document of this Commission and may be changed
as you see fit in the future.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approval of the request.
              c, Marina Engineering Study. LEISURE SERVICES
   SUMMARY OF REQUEST: To award a contract to The Abonmarche Group to perform a
preliminary Engineering study of Hartshorn Marina to determine physical plant needs and
deficiencies.
   FINANCIAL IMPACT: $17,550, 50% to be paid by the State.
   BUDGET ACTION REQUIRED: None, within the Marina budget.
  STAFF RECOMMENDATION: Approve
              d. Coastal Management Grant. LEISURE SERVICES
   SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the grant agreement
with the Coastal Management Program to design Phase I of the Lakeshore Trail.
  FINANCIAL IMPACT: $30,000 grant; $30,000 local match from the golf course fund.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approve
              e. Launch Ramp Repair Agreement. LEISURE SERVICES
   SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the Boating Access
Agreement - Emergency Repairs/Preventative Maintenance with the DNR to repair the
launch ramp at Hartshorn Marina.
  FINANCIAL IMPACT: Up to $30,000 of state funds requiring a 25% match.
  BUDGET ACTION REQUIRED: None, is included in the Marina budget.
  STAFF RECOMMENDATION: Approve


              g. Amendment to City of Muskegon Groundwater Ordinance. PLANNING &
                 ECONOMIC DEVELOPMENT
      SUMMARY OF REQUEST: On August 26, 1997, the City Commission adopted Ordinance
. No. 1133. The ordinance was for the purpose of prohibiting the use of secondary water sup-
  plies from groundwater wells for the delivery of water for human consumption, and the use
  of wells which may influence the movement of contaminated groundwater. The existing or-
  dinance has not been easy to administer, and the MDEQ has some concerns with it. For that
  reason, the City Commission is requested to amend the current ordinance.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: To approve the ordinance and authorize the Mayor and City
Clerk to sign it. The major change in the amended ordinance involves the mapping of par-
cels directly affected by contaminated plumes of groundwater. The previous ordinance de-
fined an "affected premises" as a parcel within one-quarter mile of a plume. There was a
major difficulty with mapping and notification, and it was very time consuming. It is much
more efficient to confine the ordinance's effects to identified parcels having contaminated
groundwater. It is expected that the identifications will come from those involved in sites
where releases under Part 201 or Part 213 have occurred. Additional provisions directly pro-
hibit irrigation in the newly defined affected premises, a direct obligation to notify the county
health department by delivering and updating the county with copies of the ordinance and
all amendments. The MDEQ has been notified of the proposed amendments, in a letter sent
on November 7, 2000 (they are required to receive a 30 day notice prior to the City Commis-
sion modifying the ordinance). The MDEQ has not indicated that they have any concerns
with the amendments.
                i.   Concurrence with Housing Board of Appeals determination for demolition
                     of the structures at 1541 Eighth St.( 514 W. Southern). INSPECTION SERVICES
    SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings
of the Housing Board of Appeals that the structure located at 1541 Eighth, also 514 W. South-
ern is unsafe, substandard, a public nuisance and that it be demolished within thirty days. It
is further requested that administration be directed to obtain bids for the demolition of the
structure and that the Mayor and City Clerk be authorized and directed to execute a con-
tract for demolition with the lowest responsible bidder.
   FINANCIAL IMPACT: The cost of demolition will be paid with budgeted CDBG funds.
   BUDGET ACTION REQUIRED: None
               j.    Encroachment Agreement CSX. ENGINEERING
   SUMMARY OF REQUEST: CSX is requesting your permission to install four (4) monitoring
wells in the public R-0-W of E. Western & Marquette. The request was made through the en-
croachment agreement form.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION:          To approve the encroachment agreement subject to the
supplemental conditions.
  Motion by Commissioner Spataro, second by Commissioner Aslakson to approve the
consent agenda with the exception of item f and h.
   ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
                Nays: None
ADOPTED
2000-113    ITEMS REMOVED FROM CONSENT:
               f.   Issuance of Quit Claim Deed for 1411 Dudley Street.          PLANNING &
                    ECONOMIC DEVELOPMENT
   SUMMARY OF REQUEST: A city-owned vacant lot was sold to Carlen Barnes in 1990, who
eventually sold the lot to Thomas Galloway in August 2000. The lot is located at 1411 Dudley
Street. The deed between C. Barnes and T. Galloway still has the reversion clause included.
The new owner is requesting a new quit-claim deed from the City to allow him to obtain a
construction loan. The City will allow a new quit-claim deed with the same reversion clause.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Staff recommends approval to issue another quit-claim deed
to Thomas Galloway and authorize the Mayor and Clerk to sign off on the deed.
  Motion by Vice-Mayor Sieradzki, second by Commissioner Schweifler to approve issuing
another quit-claim deed to Thomas Galloway.
   ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
               Nays: None
ADOPTED
               h. Concurrence with Housing Board of Appeals determination for demolition
                  of the structures at 1213 Francis. INSPECTION SERVICES
   SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings
of the Housing Board of Appeals that the structure located at 1213 Francis is unsafe, sub-
standard, a public nuisance and that it be demolished within thirty (30) days. It is further re-
quested that administration be directed to obtain bids for the demolition of the structure
and that the Mayor and City Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder.
   FINANCIAL IMPACT: The cost of demolition will be paid with fire escrow funds.
   BUDGET ACTION REQUIRED: None
  Motion by Commissioner Benedict, second By Commissioner Shepherd to concur with
Housing Board of Appeals decision with the exception that CDBG funds are not used.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
               Nays: None
ADOPTED
2000-114    PUBLIC HEARINGS:
               a. Confirming Special Assessment Roll - Roberts Street. ENGINEERING
   SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assess-
ment for Roberts Street, Lawrence to Wesley, and to adopt the resolution confirming the
special assessment roll.
  FINANCIAL IMPACT:      A total of $52,612.73 will be spread against the eight (8) parcels
abutting the project.
   BUDGET ACTION REQUIRED: None at this time.
    STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolu-
tion.
  The Public Hearing opened at 5:54 p.m. to hear and consider any comments from the
public. Mohammed AI-Shatel explained the item. Doris Foster, 1205 Wesley, stated she was
against the assessment.
   Motion by Commissioner Aslakson, second by Commissioner Spataro to close the hearing
at 5:59 p.m. and approve the special assessment.
   ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
                Nays: None
ADOPTED
                b. Confirming Special Assessment Roll • Laketon Avenue. ENGINEERING
  SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assess-
ment for Laketon Ave., 55.77' east of the centerline of Wood Street to Getty Street, and to
adopt the resolution confirming the special assessment roll.
   FINANCIAL IMPACT: A total of $88,259.32 will be spread against the twenty three (23)
parcels abutting the project.
   BUDGET ACTION REQUIRED: None at this time.
    STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolu-
tion.
     The Public Hearing opened at 6:00 p.m. to hear and consider any comments from the
public. Mohammed AI-Shatel explained the item. No comments were heard from the pub-
lic.
  Motion by Commissioner Schweifler, second by Commissioner Spataro to close the public
hearing at 6:04 p.m. and approve the special assessment.
   ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
                Nays: None
ADOPTED
2000-115    UNFINISHED BUSINESS:
               a. Manpower Contract for 2001. CIVIL SERVICE
     SUMMARY OF REQUEST: Request that the City Commission authorize extension of the
current contract for temporary services for the year 2001. Current contract expires Decem-
ber 31, 2000. Extended contract will be at the same rates agreed to in 1997 except a 3%
billing rate increase for Administrative Secretary ($9.35 to $9.63) and Account Clerk ($8.76 to
$9.02). The City is expected to incur the costs for Drug Tests for temporary employees pro-
vided by Manpower, International ($21.00 each).
   FINANCIAL IMPACT: Approximately $1,800 beyond budget for drug tests. This is the year
2000 costs, which are expected to be the same for year 2001.
   BUDGET ACTION REQUIRED: $2,000 adjustment.
   STAFF RECOMMENDATION: To approve this request.
   Motion by Commissioner Spataro, second by Commissioner Aslakson to approve the ex-
tension of the current contract for the year 2001,
   ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
                Nays: None
ADOPTED
2000-116    NEW BUSINESS:
                a. Arena Management Contract. LEISURE SERVICES
  SUMMARY OF REQUEST:         Authorize staff to negotiate a final contract with Arena Man-
agement Group.
   FINANCIAL IMPACT: $667,000 in the first year
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approval
  Motion by Commissioner Spataro, second by Commissioner Schweifler to authorize staff to
negotiate a final contract.
   ROLL VOTE: Ayes: Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
               Nays: Benedict
ADOPTED
               b. Jalepeno's Lease Agreement. LEISURE SERVICES
   SUMMARY OF REQUEST: To approve the lease agreement subject to changes approved
by the Manager and Council for Jalepeno's and authorize the Mayor and Clerk to sign the
agreement.
  FINANCIAL IMPACT: Leasee shall pay the City $856/month increasing over time.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approve
   Motion by Commissioner Spataro, second by Commissioner Aslakson to approve the
lease agreement subject to changes approved by the Manager and Council.
  ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
               Nays: None
ADOPTED
               c. 2001 User.Fee Update. FINANCE
  SUMMARY OF REQUEST: City departments have reviewed and updated their user fees
and these have been incorporated into the Master Fee Resolution. New fees and fee
changes proposed for 2001 include the following:
  •   A series of new fees for property owners participating in the voluntary early-notification
      program for grass, trash, and lot cleanup violations;
   •   Increases in certain cemetery fee categories;
   •   Building permit fee increases in accordance with the uniform building code;
   •   Increases in parking fees for the Clay Street ramp;
   •   New fee for private, for-profit companies wishing to use City Hall meeting rooms;
   •   Increases and/or adjustments to various Engineering, Marina, and Recreation fees.
   FINANCIAL IMPACT: Increased revenue for fee supported activities.
    BUDGET ACTION REQUIRED: None at this time. Adoption of the 2001 Master Fee Resolu-
tion will help the City attain its 2001 budgeted revenue estimates.
   STAFF RECOMMENDATION: Approval
   Motion by Vice-Mayor Sieradzki, second by Commissioner Schweifler to approve the 2001
User Fees.
   ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
                Nays: None
ADOPTED
                d. Proposals to Provide Legal Services to the City. ASSISTANT CITY MANAGER
    SUMMARY OF REQUEST: The City Commission requested proposals from legal firms with a
local presence in Muskegon to provide the City's legal services. The deadline for receipt of
proposals was November 14, 2000. The request generated two proposals: ( 1) Parmenter
O'Toole --- the City's current legal service provider and (2) Nantz, Litowich, Smith & Girard ---
a firm located in Grand Rapids. Parmenter O'Toole's proposal is to provide legal services for
all three of the areas outlined in the RFP --- General Counsel, Prosecution and La-
bor/Personnel at an hourly rate of $100 or an annual retainer fee of $360,000. Nantz, Li-
towich, Smith & Girard's proposal is to provide legal services for one of the three areas out-
lined in the RFP --- Labor/Personnel at an hourly rate of $145.
   FINANCIAL IMPACT: $360,000 per year.
   STAFF RECOMMENDATION: Staff recommends entering into a three-year contract with
Parmenter O'Toole to provide legal services to the City of Muskegon in the areas of general
counsel, prosecution and labor/personnel. The contract will begin effective January 1, 2001,
and end December 31, 2003.
  Motion by Commissioner Shepherd, second by Commissioner Spataro to accept the pro-
posal from Parmenter O'Toole.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
                Nays: None
ADOPTED
                e. Concurrence with Housing Board of Appeals determination for demolition
                   of the structures at 497 Catawba. INSPECTION SERVICES
   SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings
of the Housing Board of Appeals that the structure located at 497 Catawba is unsafe, sub-
standard, a public nuisance and that it be demolished within thirty (30) days. It is further re-
quested that administration be directed to obtain bids for the demolition of the structure
and that the Mayor and City Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder.
   FINANCIAL IMPACT: The cost of demolition will be paid with budgeted CDBG funds.
   BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends the Commission to concur with the Housing
Board of Appeals decision to demolish the structure.
  Motion by Commissioner Shepherd, second by Commissioner Aslakson to concur with
Housing Board of Appeals.
MOTION AND SECOND WITHDRAWN
   Motion by Commissioner Aslakson, second by Commissioner Shepherd to concur with
Housing Board of Appeals but delay action for 30 days to permit the property owner to get all
necessary permits by licensed contractors; and if time-table is not met, Housing Inspections
can order demolition.
   ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
                Nays: None
ADOPTED
                f.   Concurrence with Housing Board of Appeals determination for demolition
                     of the structures at 4 W. Clay Ave. INSPECTION SERVICES
    SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings
of the Housing Board of Appeals that the structure located at 4 W. Clay Ave. (also known as
United Auto Body Shop) is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be authorized and di-
rected to execute a contract for demolition with the lowest responsible bidder.
   FINANCIAL IMPACT: The cost of demolition will be paid with budgeted CDBG funds.
   BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: This office is concerned with the structural integrity and poten-
tial for collapse. Therefore, it is the staff recommendation that the structure located at 4 W.
Clay (United Auto Body Shop) be declared unsafe, substandard, a public nuisance, and to
demolish the structure.
  Motion by Commissioner Shepherd, second by Commissioner Aslakson to concur with
Housing Board of Appeals.
   ROLL VOTE: Ayes: Spataro, Aslakson, Schweifler, Shepherd
                Nays: Benedict, Nielsen, Sieradzki
ADOPTED
                g. Ordinance to regulate the storage and accumulation of junk vehicles and
                   refuse. CITY ATTORNEY
   SUMMARY OF REQUEST: To approve an ordinance amending Chapter 10 of the Code of
Ordinances, concerning garbage and refuse, and further amending Sections 12-53 through
12-61 of Chapter 12 of the Code of Ordinances, concerning the storage and disposal of un-
abandoned junk vehicles on private property.
   FINANCIAL IMPACT: None
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: Approval of the ordinance.
   Motion by Commissioner Aslakson, second by Commissioner Shepherd to approve the
ordinance.
   ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
                Nays: None
ADOPTED
                h. 2001 Salary Schedule and Fringe Benefits for Non-Represented Employees
                   and the 2001 Salary Schedule for Part Time and Limited Term Employees.
                   CITY MANAGER
   SUMMARY OF REQUEST:
1. To establish the 2001 salary ranges for part-time and limited-term employees;
2. To approve and adopt the proposed salary ranges and salary schedules for non-
   represented administrative, technical, professional. and supervisory employees for 2001
   (3.25% increase);
3. To change the pension age and service requirements from 55/30 to 55/25;
4. To increase the match by $250 (currently $750) per year of employee contributions into
   one of the City's approved Deferred Compensation Programs for employees who agree
   to fully participate in the City's Direct Deposit program;
5. To change the vision plan to allow for glasses or contact replacement every 12 months
   instead of 24 months.
   FINANCIAL IMPACT:
1. Varies depending on the number of hours each employee works.
2. The salary increases will cost approximately $81,250 plus approximately $20,325 in added
   fringe benefit costs.
3. The cost of the pension improvement is approximately 1.33% of payroll.
4. The Deferred Compensation match will not be more than $13,500.
5. Cost is $3,340 annually.
   BUDGET ACTION REQUIRED: To authorize the necessary 2001 budgetary amendments
and transfer of money from the affected City funds (Contingency Account for General
Fund) to the appropriate salary and fringe benefit accounts to accommodate the salary in-
creases and fringe benefit adjustments.
   STAFF RECOMMENDATION:
1. To approve the proposed 2001 salary ranges for part-time and limited-term employees;
2. To approve and adopt the proposed 2001 salary ranges, salary schedules, and fringe
   benefits for non-represented employees.
   Motion by Commissioner Spataro, second By Commissioner Aslakson to approve the 2001
salary schedule and fringe benefits for non-represented employees and the 2001 salary
schedule for part-time and limited-term employees.
   ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
                Nays: None
ADOPTED
                i.   General Employees Retirement System Ordinance Amendment.             CITY
                     MANAGER
   SUMMARY OF REQUEST: To approve an ordinance amendment to the General Employ-
ees Retirement System to change the age and service requirements from 55/30 to 55/25.
   FINANCIAL IMPACT: $28,590 or 1.33% of payroll.
   BUDGET ACTION REQUIRED: None
   STAFF RECOMMENDATION: To approve the ordinance.
  Motion by Commissioner Spataro, second by Commissioner Shepherd to amend the
General Employees Retirement System Ordinance to change the age and service require-
ments from 55/30 to 55/25.
   ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Aslakson
                Nays: Nielsen, Sieradzki, Benedict
ADOPTED (Requires second reading)
ANY OTHER BUSINESS: Commissioner Shepherd commended Brenda Moore, Dan Cannady,
Officers Flynn, Gust, Lucar, and Orrison on their handling of the 'junk house'.
Vice Mayor Sieradzki stated the banners on Fourth and Western are torn, and he stated
Hackley Park needs to be plowed.
Commissioner Spataro stated that Hope Network who previously requested the sale of prop-
erty on Marquette Street has found property in the City.
Mayor Nielsen stated that the traffic light on Sherman - Muskegon Crossing - is still not work-
ing. Bob Kuhn responded that there is not enough traffic volume at this time.
PUBLIC PARTICIPATION: William Rice, 916 E. Hackley, commented on his $2,500 sidewalk as-
sessment.
ADJOURNMENT:
   The Regular Commission Meeting for the City of Muskegon was adjourned at 8:39 p .m.


                                                     Respectfully submitted,




                                                     Gail A. Kundinger, CMC/ AAE
                                                     City Clerk
                                )




Date:      December 12, 2000
To:        Honorable Mayor and City Commission
From:      Gail A. Kundinger, City Clerk    at
RE:        City Policy Book



SUMMARY OF REQUEST:             To adopt the City Policy Book as
presented. This large document has been reviewed by all of you and
discussed at previous Legislative Policy Committee meetings. Any
changes that you have asked have been incorporated into this
document as presented to you now. This is a working document of this
commission and may be changed as you see fit in the future.

FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Approval of the request.
                   CITY OF MUSKEGON

                          POLICY BOOK


A

Americans with Disability Act (93-029k)

C
CDBG Standards of Conduct

CDBG Funding for CBO's (85-42a)

City Commission Agenda Packet (3/22/83)

City Commission Attendance Policy (84-11 Sh)

City Commission Availability and Use of City Records (92-126s)

City Commission Communications Policy (88-83b)

City Commission Proclamations (84-192j)

City Commission Rules (99-45d) with amendments

Civil Service Rules (6-1-87)

Computer Usage Policy (11-19-98)

D

Disposition of city owned real estate (8-22s95)

Double Merit Requests (11-4-99)
0
Obsolete Property Rehabilitation Districts (11/14/00)

p

Picnic Shelter reservation policy (92-1 Sf)

Police & Fire Retirement System Investment Policy (3-6-87)

Political Signs (84-255h)

Purchasing Policy (12/10/91)

R
Renaissance Sub-Zones (00-76m)

s
Seatbelt Policy (86-76d)

Sidewalks (93-11 Sj)

Smoking Policy (93-063a)

Special Events Policy

Street Construction/ Special Assessments (92-42h) & (93-070)

T
Tax Abatements (90-089b)

Tax Reverted Land (96-62j)

Training Funds Distribution & Reimbursement

Transportation of Senior Citizens

Travel Policy (9-30-87)
Date:     December 4, 2000
To:       Honorable ~yo~Jnd Cit:y Commissioners
from:     Ric Scott   /-4c*J~
RE:       Marina Engineering Study


SUMMARY OF REQUEST:
To award a contract to The Abonmarche Group to perform a
preliminary Engineering study of Hartshorn Marina to
determine physical plant needs and deficiencies.


FINANCIAL IMPACT:
$17,550, 50% to be paid by the state


BUDGET ACTION REQUIRED:
None, within the marina budget


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
,\flinuatin· .-\ction
2J 1/7H-6703
F.-\X/722- 12 1-1

,\:,.,c!-i~or
231 /72-1-(,708
f ,\\/726-5181

(°l'lll l'll'l"Y
13 1/72-1-(,78.l
F.-\\/7U,-5<, 17

Ci\'il Sc r \'il'L'
2.l l/72-1-(,7 16
F.\\/72 -1--1-105                                            West MJch.lgan's Shoreline C.lty

Cieri,
23 1/72-1-(, 7115
F,\X/72-1--1 178
                           Date:           December 4, 2000
                           To:             Honorable ~y~nd City Commissioners
231 /72-1-67 17
F. \,'; /72 (,-2511 I
                           From:         Ric Scott_7pi7V#
Elt!!itl~l'l "iltg
23 1/72-1-6707             Re:           Marina Engineering Study
F.\.'-/727-690-1
                           Two bids have been received from qualified firms to do a
Fi11,111n •
23 1/72-1-67 13
                           preliminary engineering study of Hartshorn Marina. The
F..\.'-/7 2-1-67(,8        study would included a study of the electrical system ,
Fin· Dept.                 the seawall, water systems, areas that are sinking,
23 I /72-1-6 792           buildings , etc. to determine physical plant needs. The
F. \.\/72-1-6985
                           firm will provide cost estimates to repair , replace o r
lm:ome Ta\
23 1/72-1-6770
                           remedy existing problems or limitations.
F.-1\/72-1-<,768
                           The two bids received are as f ol l ows:
I 11fu. S y s lL'll l!t
2J 1/72-1-67-1-1                   Abonmarche                     $17 , 550
F.\\/722--130 I
                                   Prien    &   Newhof            $24,800
LL+rn re Sc r Yicc
23 1/72-1-(, 70-1
f..1\/72-1- 11 %
                           Staff recommends that you award the contract to the low
                           bidder, The Abonmarche Group for a price of $17,550.
~ h111:1~L•r' s Offin-
231172-1-6 72-1
                           50% of the cost will be funded by the state. The
F.\\/722- 12 1-1           remaining will be paid from the Marina budget.
.\ layor'.s Offin•
 2.11/72-1-6 7111
                           Thank you for your consideration.
 F.\\/722- 12 1-1




23 1/72 -1-(,715
F \\/726-2511 I

1•1:11111i11g/l.u11inl.!
2J 1/72-1-(,7112
F.-\\/72-1-67'/U

Pulin·DL•pl.
2.l 1/72-1-67511
F.-\X/722-:i l -lll

Puhlir \\ orlis
2J 1/7 2-1--1 11111
Ftl\/722--1 188

·1·n ·a:'.l,11n• r
23 1/72-1-67211
 F,\X /72-1-6768

\\':11,•r Billing IJepl.
23 1/72-1-6718
f ,\\/72-1-6768

\\ :th.· r Filtration
2.1 I/72-1- -1 1116
F.-\.\/755-52911

                                    City of Muskegon, 933 Terrace Street, P.O. Box 536, M uskegon, Ml 49443-0536
Date:     November 27, 2000
To:       Honorable "'i'a~/~nd City Commissioners
From:     Ric Scott   )/j7~
RE:       Coastal Management Grant


SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign the grant
agreement with the coastal Management Program to design
Phase I of the Lakeshore Trail


FINANCIAL IMPACT:
$30,000 grant
$30,000 local match from the golf course fund


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
:Hfir matin• Action
2J 1/72 4-6703
F,\.\1722- 12 14

.-\ SSl'SSor
23 l/72 H, 7118
F.-\X /72 6-5 181

Cl·nn•tcry
H 11724-(, 78J
F,\ X/72 6-5(, 17

C i\'il Sl'r\' icc-
2J 1/724-67 1(,
F.\X/724-HOS                                                           West Michigan's Shoreline City

Ckrl<
2J 1/724-67115
F.-\ \/724-41 78
                                     Date :        November 27, 2000
Cnmm.            1.."-:   ~ l'igh.

2.11 1724-(, 7 17
                                     To:           Honorable M;Y~              ~City Commissione rs
F.-\X/726-2511 I
                                     From:         Ric Scott /Vc/2-1-F---...___
E11gi11l'cri11g
2J 1/724-/, 7117                     Re:           Coastal Management Grant
F.-\ X/727-(,9114
                                     We have been awarded a $30,000 Coastal Management grant
Fi 11a 1ll' l'
2J 1/72 ~-(,7 13
                                     to design phase I of the Lakeshore Trail. This section
F-IX /72 4-<, 7<,S                   runs from Heritage Landing to the Grand Trunk property.
Fin• D,•pl.                          The $30,000 local match will come from the golf course
23 1/724-(, 792                      fund.
F.-\X/72 4-/,985

lnrumt• Ta,
                                     I am requesting that the mayor and clerk be authorized
2.l I /724-/, 770                    to sign the attached grant agreement. The design must
F.-\ \/724-(,7 /,S
                                     be completed by the end of September . Once we have the
Info. S~:-. h'nis                    cost estimate , and all the property purchased we can
2J I /724-(, 744
F. \ .\ /72 2-430 I                  write for grants to build this section.
Ll·i:-.11rl' Sl•n ·icl'              Thank you for your consideration.
23 I /7 24-/, 7114
F,\\/7 24- 11%

.\lanagn's Offirl'
23 I /724-(, 724
F.-\ X/72 2- 11 14

.\ la.\'11 r'!-o Orricr
2Jl /7H-/, 7111
F.1.\ /721- 1214

."\\•igh. & ( ·011s 1.
      Sl·n·icl':,,
23 1/724-(,7 15
1-· \ .'\/726-25111

Pl:11111i11g//,u11i11J.!
2.11 /72 4-6702
r-. \\/724-6 7')0

Police Dt•pt.
23 11724-6 7S U
F.\\/722-5 1411

l'uhlh· \Vories
23 1/724-411111
F.\X/722-4 I 88

' ("n•a ~ lll'l' I'

2J 1/72 4-67211
FAX /724- /,768

\\'ale r lli lli 11i: Dc pl.
lJJ/724-67 18
F,\ X/72 4-6768

\\ illl'r Fillratiun
2J 1/724-4 I II(,
F.-1.\/755-52911

                                              City of Muskegon, 933 T errace Street, P.O. Box 536, Mus kegon, Ml 49443-0536
                                         DEi.\
                                                                              #01 D-14.01

      MICHIGAN COASTAL MANAGEMENT PROGRAM GRANT AGREEMENT

                                CITY OF MUSKEGON
                            Lakeshore Trail - Phase I Design

This grant agreement, executed _ _ _ _ _ _ _ _ _ _ _ _ _ , constitutes an
agreement between the Michigan Department of Environmental Quality (hereafter
called the Department, Land and Water Management Division, Chief Richard A.
Powers, the grant officer) and the city of Muskegon (hereafter called the Grantee).
Under this grant agreement, the Grantee will perform the activities outlined in Exhibit A,
and the Department will pass through federal Coastal Zone Management (CZM) grant
funds to the Grantee in support of the work up to the specified share of total eligible
costs. Except where otherwise specified, the Grantee will perform the work described
in Exhibit A according to the general provisions (Exhibit B), and if construction is
involved in the project, according to the construction provisions (Exhibit C). Payment
will be made for reimbursable expenditures upon completion of this phase of the
project.

1. Grant Agreement Period. The period of this grant agreement extends from
   October 1, 2000 to December 30, 2001.

2. Funding. Federal funds provided by the Department will be a sum not to exceed
   $30,000, representing the Michigan Coastal Management Program (MCMP) grant
   for work elements listed in Exhibit A. An equal amount of match is required from the
   Grantee, as shown in the budget in Exhibit A.

3. Quarterly Reporting and Payments. As well as conferring periodically with the
   MCMP, the Grantee will file quarterly financial and progress reports as described in
   Exhibit A for each three-month period after the beginning date of the grant
   agreement. Upon written request by the Grantee, the Department will make an
   advance payment amounting to $7,500 (25 percent of the total grant). An advance
   payment does not require a financial report form, but does require a letter requesting
   the specific dollar amount of the payment as indicated in the grant agreement.
   Subsequent quarterly payments will be made upon request and receipt of financial
   and progress reports from the Grantee. These quarterly payments will be in
   reimbursement of actual expenditures, with the following qualifications: (a) it is not
   necessary to use up the advance payment before applying for reimbursement;
   (b) reimbursement for salaries and fringe benefits must be reasonable and
   proportionate to activities and accomplishments reported; and (c) the total of the
   outstanding advance plus the intermediate quarterly reimbursement payments shall
   not exceed $22,500 (75 percent of the total grant).




                                             1
   The Grantee's financial and progress reports are to be submitted within 30 days
   after the end of a quarterly period on forms supplied by the Department. The
   financial report shall specify total expenditures for the quarterly period (see Exhibit A
   under Reporting Requirements, Quarterly Reportings). The progress report will
   summarize accomplishments with respect to project elements and degree of
   completion. The financial and progress reports will cover progress under any
   subcontracts involved in this project.

4. Changes. Changes, including any increase or decrease in the amount of the
   Grantee's compensation, changes in the scope of work, or extension of the project
   deadline which are mutually agreed upon by and between the Department and the
   Grantee, shall be incorporated in written amendments to this grant agreement and
   must be approved in advance. The Grantee must notify the Department of the need
   for an extension of the project deadline by August 20 of the grant agreement period.

5. Closeout and Final Report. The Grantee's Final Report shall be submitted within
   45 days following the end of the grant agreement period. The Final Report shall
   include a financial report that specifies total expenditures, including match, for the
   final quarterly period and Fiscal Year to date. In addition, the Grantee will submit
   any work products resulting from completion of the project. (Refer to Exhibit A
   under Reporting Requirements, Final Report.)

   The final payment, in reimbursement of expenditures not covered in previous
   payments, is subject to a state audit of total project costs. In addition to the
   summary documentation submitted to the Department, the Grantee will keep
   complete financial records such that all charges, whether paid from CZM grant funds
   or from the Grantee's funds, can be readily traced to their origins. Basic documents
   required to be maintained for audit include purchase orders, vouchers authorizing
   payments, time records/activity reports for individual employees' hours charged to
   the grant project, etc.

6. Publication Rights. The Department and the Grantee are both free to publish
   findings from this project with acknowledgments as specified in paragraph 15,
   Exhibit B. The Grantee may copyright any work that is subject to copyright and was
   developed, or for which ownership was purchased under this grant. The federal
   awarding agency (National Oceanic and Atmospheric Administration) reserves a
   royalty-free, non-exclusive, and irrevocable right to reproduce, publish, or otherwise
   use the work for federal purposes and to authorize others to do so.

7. Disclosure. Notwithstanding any contrary provision of Exhibit B, the Grantee is free
   to release any information produced under this grant agreement, provided proper
   acknowledgment is given.




                                             2
8. Audit Requirement. Grantees spending $300,000 or more in federal funds in their
   Fiscal Year shall have a single audit performed in compliance with Circular A-133.
   This audit must be performed and copies provided to the appropriate agencies
   within nine months from the end of the Grantee's Fiscal Year. If you receive
   $300,000 or more from the Department, you must submit a copy of the audit report
   to the Office of Internal Audit at the following address:

   Office of Internal Audit
   Attention: Beth Timmerman, Audit Manager
   Executive Division
   Michigan Department of Environmental Quality
   P.O. Box 30473
   Lansing, Ml 48909

9. Certification. The individuals or officers signing on behalf of the parties to this grant
   agreement certify by their signatures that they are authorized to sign this grant
   agreement on behalf of their agencies, and that the parties will fulfill the terms of this
   agreement including the attached exhibits.



                                  CITY OF MUSKEGON



                                                         A. Kundinger, City Cl rk
Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _....L..:::~C!.---"'-''~=----o-=-=b=-------



             MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
                   LAND AND WATER MANAGEMENT DIVISION




By---------------------------
Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __



                         0
For DEQ use only_~99'-l'-9-,_ _




                                              3
                                                                              EXHIBIT A
                                                                              01 D-14.01

            MICHIGAN COASTAL MANAGEMENT GRANT AGREEMENT

GRANTEE: City of Muskegon

PROJECT TITLE: Lakeshore Trail - Phase I Design

FEDERAL IDENTIFICATION: 38-6004522

GREAT LAKE OR CONNECTING WATERWAY: Muskegon Lake

PROJECT DESCRIPTION: The Lakeshore Trail is a 14.1 mile non-motorized trail
system planned for the city of Muskegon lakefront. Several sections of the trail have
been built and/or are currently under construction. When completed, the trail will run
from the east end of town to Lake Michigan, and will connect with the state trails
system. Phase 1 of the Lakeshore Trail runs from Heritage Landing in downtown
Muskegon to the Grand Trunk property and is approximately four miles long. The city is
currently purchasing property to construct the trail. The trail will run along Muskegon
Lake and is just north of the CSX railroad. This project will provide the construction
documents and exact location of the trail. While much of this phase will be constructed
through 16-foot corridors purchased for this purpose, the route through city-owned
property and properties purchased like Amoco still needs to be determined. In order to
facilitate future construction, the city would like to get the final design completed to
foster construction when funds become available. Elements include finalizing trail route;
providing detailed construction drawings and bid specifications, and providing detailed
cost estimates for construction of the trail.

TASKS TO BE PERFORMED:

Essential Elements:

1. Retain a consultant to complete a final design/engineering for trail.

2. Completion of cost estimates for construction of trail.

3. Prepare a Final Report.

SPECIAL PROVISIONS:

The following procedures must be followed and the appropriate documents must be
submitted to the Michigan Coastal Management Program (MCMP) staff for review and
approval.




                                             1
1. A draft plan, design, and construction drawings (if applicable) will be submitted to the
   MCMP for review and approval prior to finalization.

2. All project elements must be designed to meet the requirements of the American
    with Disabilities Act. Consult the MCMP project manager if unable to meet these
    requirements.

3. The Grantee will give credit to the funding source for support of the project, in press
    releases, newsletters, graphic displays of site plans meant for public presentations,
    and in other public forums. The funding source will be listed as the "Michigan
    Coastal Management Program, Michigan Department of Environmental Quality."

IF NO ACTIVITY OCCURS ON PROJECT #01D-14.01, LAKESHORE TRAIL-
PHASE I DESIGN, BY JULY 1, 2001, FUNDS MAY BE REOBLIGATED.

FINANCIAL INFORMATION:

ESTIMATED PROJECT BUDGET:

                                                                                              MATCH            TOTAL

Engineering ............................................................... $29,000 ....... $29,000 ........ $58,000

Miscellaneous............................................................    1,000 ........    1,000........    2,000

TOTAL PROJECT COSTS ........................................ $30,000 ....... $30,000 ........ $60,000

The miscellaneous expenses are for printing, advertising, etc. The construction costs
for this phase are expected to be at least $1,200. A design fee of 5 percent for this size
of project is expected. The local match will be cash and is already available through a
special fund for the trail.

QUARTERLY REPORTING REQUIREMENT:

Quarterly progress (yellow) and financial (green) status reports for the first three
quarters are required to be submitted to the MCMP within 30 days following the end of
each quarter. The fourth quarter report is due 15 days after the end of that quarter. A
fifth quarter and Final Project Report is due by February 15, 2002. Quarterly periods
are as follows:

First Quarter = October 1 to December 31, 2000                              Due   January 30, 2001
Second Quarter= January 1 to March 31, 2001                                 Due   April 30, 2001
Third Quarter= April 1 to June 30, 2001                                     Due   July 31, 2001
Fourth Quarter= July 1 to September 30, 2001                                Due   October 15, 2001
Fifth Quarter and Final Project Report =
       October 1 to December 31, 2001                                       Due February 15, 2002



                                                            2
Grant payments will be made on a quarterly, reimbursement basis. Reimbursement
requests should be in the form or a ieiter specifying the amount to be reimbursed, and
must be accompanied by a corresponding progress and financial report. Copies of
invoices, receipts, or other documentation of costs must be provided either with
requests for reimbursement or submitted with the Final Report Requirements when the
project is complete.

FINAL REPORT REQUIREMENTS:

A detailed, comprehensive Final Report shall be submitted to the MCMP no later than
February 15, 2002 or within 45 days following the completion of the project only if an
extension was granted by coastal staff.

This report is to include:

a) FOUR copies of a detailed narrative description of all work tasks performed on this
   project, including any special considerations or problems encountered.

b) ONE final GREEN financial report to include all project costs and expenditures,
   including match expenditures.

c) ONE set of a final master plan/site plan/drawings unless previously sent.

Final payment will be made upon written request and submission of ALL the
above information.

PERSONNEL:

The following individuals are the coordinators of and contacts for this project:

Ric Scott
Director of Leisure Services
City of Muskegon
933 Terrace Street
Muskegon, Ml 49443
Phone: 231-724-1196

Lynda Sanchez
Michigan Coastal Management Program
Land and Water Management Division
Michigan Department of Environmental Quality
P.O. Box 30458
Lansing, Ml 48909
Phone: 517-373-2343
Fax:     517-335-3451
E-mail: [email protected]



                                             3
OR

116 West Allegan Street
Lansing, Ml 48933
{use this address for Federal Express, only)

PROJECT SCHEDULE:

Project start-up                                       October 1, 2000

Submit request for proposals to contractors            October - November 2000

Select contractor                                      December 2000

Quarterly report due                                   January 15, 2001

Preliminary design                                     January - April 2001

Quarterly report due                                   April 30, 2001

Submit draft plan to staff of the MCMP
for review arid approval                               June 2001

Final design and cost estimates                        July - September 2001

Quarterly report due                                   July 30, 2001

Construction drawings/bid documents                    October - December 2001

Project complete                                       December 31, 2001

Final project report due                               February 15, 2002


                              ***END OF EXHIBIT A***




                                          4
                                                      DE~
                                                                                                              EXHIBITB
                                             GENERAL PROVISIONS


 I.   Conduct and Standard of Work: The grantee's work hereunder shall be carried out under the supervision of the
      granting officer's designated representative. The granting officer or designated representative may issue written
      or oral instructions to fill in details of the work to be performed. Any instructions that affect the scope of work,
      price, period of performance or any other provision of this grant agreement must be in accordance with specific
      provisions of the grant agreement. The grantee agrees that the performance of the services under this grant
      agreement shall conform to high professional standards.

2.    Extras: Except as otherwise provided in this grant agreement, no payment for extras shaU be made unless such
      extras and the price therefore have been previously authorized in writing by the grantin_g office'..

3.    Termination: This grant agreement may be terminated by the either party (granting officer or grantee) upon
      giving reasonable notice to that effect to the other party and provided a reasonable adjustment (in relation to the
      portion of the project which has been completed) is made between the parties as to the funds which have been
      paid or are to be paid by the Michigan Department of Environmental Quality (MDEQ), Land and Water
      Management Division (LWlv[D), to the grantee.

4.    Officials Not to Benefit: No member of the Legislature of the State of Michigan or any individual employed by
      the state, or any member of or delegate to Congress, or resident commissioner, shall be admitted to any share or
      part of this grant, or to any benefit that may arise therefrom.

5.    State Held Harmless: Each party to this grant agreement must seek its own legal representation and bear its own
      costs, including judgments in any litigation which may arise from perfonnance of the grant agreement. It is
      specifically understood and agreed that neither party will indemnify the other party in such litigation.

6.    Independent Capacity of Grantee: The parties hereto agree that the grantee, and any agents and employees of the
      grantee, in the performance of this grant agreement, shall act in an independent cap.acity and not as officers,
      employees, or agents of the state.

7.    Inspection and Acceptance: Final inspection and acceptance of all work required under this grant agreement, as
      defined in the scope of work (Exhibit A) shall be performed by the granting officer, or such person as duly
      authorized.

8.    Other Contractors: The state may undertake or award other contracts for additional work, and the grantee shall
      fully cooperate with such other contractors and state employees and carefully fit his/her own work to such
      additional work. The grantee shall not commit or pennit any act which will interfere with the performance of
      work by any other contractor or by state employees. The state shall equitably enforce this paragraph as to all
      grantees to prevent the imposition of unreasonable burdens on any contractor.

9.    Gratuities:
      a.        The state may, by written notice to the grantee; tenninate the right of the grantee to proceed under this
                grant agreement if it is found, after notice and hearing, by the granting officer or duly authorized
               representative, that gratuities in the form of entertainment, gifts, or otherwise were offered or given by
                the grantee, or any agent or representative of the grantee, to any officer or employee of the state with a
                view toward securing a grant or securing favorable treatment with respect to the awarding or

                                                          1
                 amending, or the making of any determinations with respect to the performing of such grant; provided
                 that, the existence of the facts upon which the granting officer or duly authorized representative makes
                 such findings shall be in issue and may be reviewed in any competent court.

        b.       In the event this grant agreement is tenninated as provided in paragraph a. hereof, the state shall be
                 entitled to pursue the same remedies against the grantee as it could pursue in the event of a breach of
                 grant agreement by the grantee, ·and is a penalty, in addition to any other damages to which it may be
                 entitled by law, to exemplary damages in an amount, as determined by the granting officer or duly
                 authorized representative, which shall be not less than three nor more than ten times the costs incurred
                 by the grantee in providing any such gratuities to any such officer or employee.

       c.       The rights and remedies of the state provided in this paragraph shall not be exclusive and are in addition
                to any other rights and remedies provided by law or under this grallt agreement.

10.    Construction under the Grant Agreement: The provisions of this grant agreement shall be construed in
       accordance with the provisions of the laws of the State of Michigan.

l l.   Disclosure ofinforrnation: Unless otherwise provided in the grant agreement (Exhibit A), the grantee agrees that
       his/her reports and conclusions are for the confidential information of the state, and that he/she will not disclose
       the conclusions, in whole or in part, to any unauthorized person without the prior written consent of the granting
       officer or duly authorized representative.

12.    Subcontract: Unless provided for in this grant agreement, no subcontract shall be made by the grantee with any
       other party for furnishing any of the work or services herein granted for without the consent, guidance and
       approval of the granting officer or duly authorized representative. Unless special permission has been granted
       for valid reasons to negotiate a subcontract otherwise, the grantee is to issue a request for proposal to at least
       three qualified competitive candidates for any proposed subcontract, with selection to be made on the basis of
       candidates, qualifications, scope of work proposed, price and other criteria pertinent to the project. If
       competitive selection procedures are not feasible, the grantee must explain the reasons in a written statement
       before the MDEQ, LWMD, Coastal Management Program, will approve the proposed subcontract. Whether a
       subcontract is selected competitively or by negotiation, the grantee must furnish to the MDEQ, LWMD, Coastal
       Management Program, a description of the steps in selection as well as a copy of the request for proposal (RFP)
       and scope of work statement used in seeking a subcontract.

13.    Unemployment Compensation: The grantee is liable for any valid unemployment compensation claims. No
       unemployment compensation claims will be paid from under this grant agreement. This provision does not
       prohibit standard allocations to unemployment compensation funds as part of approved indirect cost/fringe
       benefit arrangements.

14.    Patent Rights: State and federal governments have certain rights to any patentable inventions resulting from this
       project. In the event that a patentable item is invented, the grantee shall notify the MDEQ, LWMD, Coastal
       Management Program immediately.

15.    Grant Acknowledgments: The cover or title page of all reports, studies or other documents resulting from
       contracts supported in whole or in part by this grant agreement shall acknowledge the financial assistance by
       including the following language: This (study, report, or other document) was funded in part under the Coastal
       Zone Management Act of 1972, administered by the Office of Ocean and Coastal Resource Management,
       National Oceanic and Atmospheric Administration, U.S. Department of Commerce and the Michigan Coastal
       Management Program, administered by Land and Water Nlanagement Division, Department of Environmental
       Quality.
                                                         2
16.   Prom-am Income: The grantee shall report to the MDEQ, LWMD, Coastal Management Program, any income
      received as a result of grant~supported activities, to assure that disposition is according to federal requirements.

17.   Examination of Records: Any books, documents, papers and records of the grantee that are pertinent to the
      financial assistance received under this program shall be kept separately and shnll be made available for audit,
      examination and copying by any duly authorized representative of the state or federal government. All pertinent
      records must be retained and available for inspection for three years after completion of the final financial
      transaction.

18.   Disputes:

      a.       Except as otherwise provided under this grant agreement, any dispute concerning a question of fact
               arising under this grant agreement which is not disposed of by agreement shall be decided by the
               granting officer or duly authorized representative, who shall reduce his/her decision to writing and mail
               or otherwise furnish a copy thereof to the grantee. The decision of the granting officer or duly
               authorized representative shall be final and conclusive unless, within 30 days from the date of receipt of
               such copy, the grantee mails or otherwise furnishes to the granting officer or duly authorized
               representative a written appeal. Pending final decision of disputes hereunder, the grantee shall proceed
               diligently with the performance of the grant agreement and in accordance with the granting officer or
               duly authorized representative's decision.

      b.       This "disputes" paragraph does not preclude consideration of law questions in connection with
               decisions provided for in the preceding subparagraph above; provided that nothing in this grant
               agreement shall be construed as making final the decision of any administrative official, representative,
               or board on a question of law.

19.   Nondiscrimination: In compliance with (a) Title VI of the Civil Rights Act of 1967; (b) Executive Order 11246,
      Equal Employment Opportunity; and (c) the rules of the Michigan Civil Rights Commission, the agencies party
      to this grant agreement assure that no person shall be excluded from participation, denied any benefits, or
      subjected to discrimination on the basis of race, color, national origin, religion, or sex (except where a bona fide
      occupational qualification exists). The grantee will provide the Michigan Civil Rights Commission with any
      information that it may require. The grantee shall insert a similar provision into all subcontracts for services
      covered under this grant.

20.   Obli•ation of Grant Funds: Grant funds may not, without advance written approval of the MDEQ, LWMD,
      Coastal N!anagement Program, be obligated prior to the effective date or subsequent to the expiration date of this
      grant agreement. Obligations outstanding as of the expiration date shall be liquidated within 45 days. Such
      obligations must be related to goods or services provided and utilized within the grant agreement period, except
      that reasonable costs associated solely with the grant closeout, e.g., final reports, may be incurred within a short
      time after the expiration date. See instructions in main grant agreement, Exhibit A under Final Report
      Requirements.)

21.   Interest of Grantee: The grantee covenants that he/she presently has no interest and shall not acquire any interest,
      direct or indirect, which would conflict in any manner or degree with the performance of services required to be
      perfonned under this grant agreement. The grantee further covenants that in the performance of this grant
      agreement no person having any such interest shall be employed.

22.   Political Activitv Prohibited: None of the funds, materials, property or services contributed by the MDEQ,
      L WMD, Coastal Management Program or the grantee under this grant agreement shall be used in the
      performance of this grant for any partisan political activity, or to further the election or defeat ?f any candidate
      for public office.
                                                          3
 23.    Compliance with Local Laws: The grantee and subcontractors shall comply with all applicable laws, ordinances
        and codes of the federal, state and local governments.

 24.    Temtination or Suspension of Grant: If the grantee shall fail to fulfill in a timely manner his/her obligations
        under this grant agreement, or if the grantee shall violate any of the covenants, agreements, or stipulations of this
        grant agreement, the MDEQ, LWMD, Coastal Management Program shall thereupon have the right to temtinate
        this grant agreement by giving written notice to the grantee of such tennination and specifying the effective date
        thereof, at least thirty days before the effective date of such temtination. In that event, all finished or unfinished
        documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the grantee
        shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
        documents and other materials. Notwithstanding the above, the grantee shall not be relieved of liability to the
        MDEQ, LWJvlD, Coastal Management Program for damages sustained by the MDEQ, LWJvID, Coastal
        Management Program by virtue of any breach of the grant agreement by the grantee, and the MDEQ, LWMD,
        Coastal Nfanagement Program may withhold any payments due to the grantee under this grant agreement for the
        purpose of setoff until such time as the exact amount of damage due the MDEQ, L WlVID, Coastal Management
       Program from the.grantee is detennined by a coun: of competent jurisdiction ..

       Should funds become unavailable or appropriations decreased, this grant agreement may be canceled or revised
       by the MDEQ, LWJvID, Coastal Management Program after providing the grantee with 15 days written notice.
       If funding for this grant is no longer available, for any reason, the grant agreement may be canceled by following
       the above procedure. Upon suspension of this grant agreement for a specified period of time in writing, the
       MDEQ, LWMD, Coastal Management Program shall be liable for on-going charges as agreed to and made part
       of this grant agreement.

25.    Covenant Against Contingent Fees: The grantee warrants that he/she has not employed or retained any company
       or person, other than a bona fide employee working solely for the grantee, to solicit or secure this grant
       agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee
       working solely for the grantee, any fee, commission, percentage, brokerage fee, gift, or other consideration,
       contingent upon or resulting from the award or making of this grant agreement. For breach or violation of this
       warranty, the state shall have the right to annul this grant agreement without liability, or in its discretion to deduct
       from the grant funds or consideration, the full amount of such commission, percentage, brokerage or contingent
       fee.

26.    Competition in Subcontracting: The grantee shall select subcontracts (including supplies) on a competitive basis
       to the maximum practical extent consistent with the objectives and requirements of the grant agreement.

27.    Liability: Throughout the grant agreement period, the grantee shall carry Workman's Compensation Insurance,
       as required by the Michigan Workman's Compensation Act, upon all its employees engaged in this work and
       shall be responsible to see that any subcontractors carry such insurance on their employees. The grantee shall
       also provide public liability and property damage insurance for the entire period, thus insuring the interests of all
       parties against any and all clai01s which may arise out of grantee operations under the terms of this grant
       agreement. It is agreed that in the event any carrier of such insurance exercises cancellation, notice will be made
       immediately to the state of such cancellation.

28.    Key Personnel: Any personnel specified in Exhibit A to this grant agreement are considered to be essential to the
       work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the
       grantee shall notify the granting officer or duly authorized representative reasonably in advance and shall submit
       justification, including proposed substitutions, in sufficient detail to permit evaluation of the impact on the
       program. No substitution of key personnel shall be made by the grantee without written consent of the granting
       officer or duly authorized representative.

                                                            4
 29.    Assignabilitv: This grant agreement is not assignable by the grantee either in whole or in part, without
        the prior written consent of the granting officer or duly authorized representative.

 30.    Historic Preservation: Any project directed toward historic preservation will include timely consultation with the
        IV[ichigan History Division, Nfichigan Department of State. No construction or repair work will be performed or
        further subcontracts awarded before adequate consultation with that agency.

        For projects not primarily aimed at historic preservation 1 federal and state agencies, principally the State Historic
        Preservation Officer, may make recommendations pursuant to federal and state requirements for minimizing
        possible adverse effects on historic and archaeological resources. In consultation with the granting officer or
        duly authorized representative, the grantee for such a project will consider such recommendations and will take
        steps to avoid or mitigate possible damage as appropriate and feasible.

31.    EPA Violations: This project will not utilize any facilities which are on the Environmental Protection Agency's
       (EPA) list of violating facilities. Upon receipt of official word that a facility to be used in the project is under
       consideration for listing by the EPA, the grantee will notify MDEQ, L WMD, Coastal Management Program.

32.    Flood Insurance Requirements: Funds from this grant agreement will not be used to assist the construction or
       acquisition in identified flood hazard areas for which the appropriate government::il unit has foiled to comply with
       flood insurance purchase requirements under Section 102(2) of the Flood Disaster Protection Act of 1973
       (Public Law 93-234), approved December 3 l, !976.

33.    Wage and Hours: Any project employing hospital or educational institution employees of state or loc::il
       governments will comply with the appropriate minimum wage and maximum hours provisions of the Federnl
       Fair Labor Standards Act.

34.    Accounting System Survey: If so requested by the MDEQ, LWMD, Coastal Management Program, a grantee
       receiving $25,000 or more in coastal zone management grant funds will cooperate with a survey of its accounting
       system early in the grant period. This step, involving examination by a state auditor or designated representative,
       may be conducted by a visit to the grantee's offices if in the State of r..,nchigan; otherwise the grantee will furnish
       copies of detailed records to the state. On completion of the survey, the grantee will adopt any improvements in
       accounting practices Which may be necessary to meet minimum federal audit requirements,

35.    Availability to Users: Projects developed for public use with assistance from this grant agreement shall be open
       to entry and use by all persons, regardless of race, color, religion, sex or national origin, who are otherwise
       eligible. Discrimination on the basis of residence, including preferential reservation or membership systems is
       prohibited, except to the extent that differences in admission or other fees may be maintained on the basis of
       residence where local contributions to the project make such differences reasonable. All project elements must
       be barrier free, in compliance with the Americans with Disabilities Act.

36.    Procurements and Procurement Records: Procurements of services, materials and other property under this grant
       agreement shall be made by acceptable methods in the best interest of the public and the program. Except for
       some small purchases and certain exceptional circumstances, appropriate competitive selection procedures
       should be followed (refer to paragraph 12 above).

       In accordance with national and state policy to award -a fair share of grants to disadvantaged business firms
       (women-owned, minority-owned and labor-surplus-area businesses), subgrantees and their prime grantees shall
       take affirmative steps to utilize such businesses when possible as sources of materials, construction and services.
        Affirmative steps shall include (a) soliciting disadvantaged businesses where they are potential sources;

                                                            5
(b) defining and dividing tasks, quantities and delivery schedules, where feasible, so as to encourage participation
of disadvantaged finns; and (c) making use, when needed, of procurement assistance services offered by such
governmental agencies as the Small Business

Administration, the Office of Minority Business Enterprise of the U.S. Department of Commerce, the
Community Services Administration and the State of Michigan's small and minority business procurement
representative.

Subgrantees shall maintain records sufficient to detail the significant history of a significant procurement. These
records shall include; but are not necessarily limited to, information pertinent to the following: rationale for the
method of procurement, selection of grant type, grantee selection or rejection and the basis for the cost or price
(refer to paragraph 17 above).




                                                   6
Date:     December 4, 2000
To:       Honorable Mayor and City Commissioners
From:     RicScottt/f7✓
RE:       Launch Ramp Repair Agreement


SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign the attached
Boating Access Agreement - Emergency
Repairs/Preventative Maintenance with the DNR to repair
the launch ramp at Hartshorn Marina


FINANCIAL IMPACT:
Up to $30,000 of state funds requiring a 25% match


BUDGET ACTION REQUIRED:
None, is included in the marina budget


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
A flir111a1ivc A dion
23 1/72 4-(,7113
FA.\1722- 12 14

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231/724-6 7118
F,\.\/72<,-5 18 1

C l'11n·tt..·ry
23 l/72H,7X3
F.\.\/726-% 17

Ci \'il Sl'rvitl'
ZJ l/? H -67 16
FAX/72,1-HO,                                                    West Michigan's Shol'ellne City

Clerk
2J I/724-(, 7115
F,\ X/?H -4 17X
                               Date:         December 4, 2000
     Servin· :-:               To:           Honorable Mayor and City Commissioners
2J l /72H,7 17
F.\.\ /72 6-250 I
                               From:         Ric Scott
Engi11L'L'l'i11g
2J 1/724-6 7117                Re:           Launch Ramp Repair Agreement
F. \X/72 7-(,9114
                               The DNR has awarded the City of Muskegon a $30,000 grant to
 Fi11a11n·
23 1/724-67 iJ
                               rebuild and lower the Launch Ramp at Hartshorn Marina because
F.-\ X/724-6 7(,X              of the low water. We are required to provide a 25% match to
 Fi rL' DL·pl.
                               the grant up to $10,000. The actual bid received from Great
 23 1/724-(,792                Lakes Marina was $30,090, which has already been accepted by
 F.-\ X /724-69X5
                               the Commission as a part of the dredging project . So the
 l11cu111e T;n
 231/724-/, 7711
                               actual cost to the City for the repair will be about $7,500.
 F.\ X/?H -(,7(,8              This can be paid for through Marina proceeds.
 In fo. sy ...(L' IH!'I        I would ask that the Commission authorize the Mayor and Clerk
 2J 1/724-(,7 44
 F.-\X/722- -IJU I             sign the attached agreement with the state to accept the
 l .l'isun_
          • Sl'n'it·l'
                               money.
 23 1/724-6 704
 FA.\/7 24- 11 96
                               Thank you for your consideration.
 ~ la11ags        r·~ Offin•
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 F.-\ .\/7 22- 12 14

 ,\ l:1~ nr':-. Officl'
 23 I /724-670 I
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      SL·r\'il'l'!-
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 2J 11724-6 70 2
 F,\ .\/724-67911

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 F.\.\/722-5 1411

 P11 hlit· \\ o rlts
 2.11 /724-411111
 F.-\ .\/722-4 ISX

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                                       C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Mus kegon, Ml 49443-0536
                                                           STATE OF MICHIGAN
     NATURAL RESOURCES
        COMMISSION
     KEITH J. CHARTERS, Chair
     JERRY C. BARTNIK
     NANCY A. DOUGLAS                                                                                     REPLY TO:
                                                         JOHN ENGLER, Governor
     L. THORNTON EDWARDS, JR.
     PAUL EISELE                     DEPARTMENT OF NATURAL RESOURCES                                      PARKS & RECREATION DIVISION
                                                                                                          PO BOX30257
     BOB GARNER                           STEVENS T MASON BUILDING, PO BOX 30028, LANSING Ml 48909-7528   LANSING Ml 48909-7757
     W IL LIAM U. PARFET                                  WEBSITE: www.dnr.state.mLus
                                                              K. L. COOL,   Director




                                                            January 16, 2001

                                                                                              File no.: MUS.Mus-BAS.GIA



               Richard Scott
               City of Muskegon
               933 Terrace St
               PO Box 536
               Muskegon, Ml 49443-0536

               Dear Mr. Scott:

               SUBJECT: Boating Access Site - Emergency Repairs/Preventative Maintenance

               Enclosed is a fully executed copy of the Grant-In-Aid Agreement between the City of Muskegon
               and the Michigan Department of Natural Resources for the Boat Launch Ramp at the Hartshorn
               Marina for your files.

               If you have any questions, do not hesitate to call me.

                                                                               Sincerely,



                                                                        ~~~., Parks and Recreation Bureau
                                                                              517-373-8590


               MN:ab




R 1026E (Rev. 08/06/1999)
                                  AGREEMENT

 Boating Access Site - Emergency Repairs/Preventative Maintenance



       THIS AGREEMENT, made this __1~2t~h___ day of                    December , 2000, by

and between the CITY OF MUSKEGON, MICHIGAN, a municipal corporation,

hereinafter referred to as the "CITY ", and the MICHIGAN DEPARTMENT OF

NATURAL RESOURCES, an agency of the State of Michigan, hereinafter referred to as

the "Department".

       WHEREAS, the City is an important center of recreational boating activity and

serves as a refuge point for shallow-draft recreational vessels; and

       WHEREAS, the City has solicited the aid and assistance of the Department in

the repair/preventative maintenance of the boat launch ramp at the Hartshorn Marina

Boating Access Site due to safety considerations caused by low water and the length

of the existing ramp.

       NOW, THEREFORE, in consideration of the mutual promises and conditions

contained herein, it is mutually agreed as follows:

       1.   This Agreement shall be administered on behalf of the Department through

its Parld
   ten~~     1'= l.,,. 0;)..




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        PORTLAND, MAINE ·
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                           11•   a ~ ~ 2 s ?a 11•
               Commission Meeting Date: December 12, 2000




Date:         December 4 1 2000
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development C'(:'I:,__,
RE:           Issuance of Quit Claim Deed


SUMMARY OF REQUEST:

A city-owned vacant lot was sold to Carlen Barnes in 1990, who eventually sold the lot
to Thomas Galloway in August 2000. The lot is located at 1411 Dudley Street. The
deed between C. Barnes and T. Galloway still has the reversion clause included. The
new owner is requesting a new quit-claim deed from the City to allow him to obtain a
construction loan. The City will allow a new quit-claim deed with the same reversion
clause.

FINANCIAL IMPACT:

None.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

Staff recommends approval to issue another Quit Claim deed to Thomas Galloway and
authorize the mayor and clerk to sign off on the deed.

COMMITTEE RECOMMENDATION:

None.




12/4/2000
                                 Resolution No. 2000-113 ( f )

                           MUSKEGON CITY COMMISSION


RESOLUTION APPROVING ISSUANCE OF QUIT CLAIM DEED FOR A VACANT
CITY-OWNED LOT AT 1411 DUDLEY STREET

WHEREAS, said vacant lot is legally described as Lot 34, Muskegon Urban Renewal
Plat No. 1, City of Muskegon.

WHEREAS, the City has approved the sale of a vacant city-owned lot at 1411 Dudley
Strret to Carlen Barnes on December 1990 and giving her permission on April 1994 to
re-sell the property.

WHEREAS, said vacant lot is now sold to Thomas Galloway with the quit claim deed still
having the reversion clause.

WHEREAS, a new quit claim deed with the same reversion clause from the City to
Thomas Galloway is necessary for him to obtain a construction loan from a local bank.

NOW, THEREFORE BE IT RESOLVED that a new quit claim deed containing the same
reversion clause be released to Thomas Galloway.

Adopted this 12'h day of December 2000.


Ayes:     Nie l sen, Schweifl er, Shep herd, Sieradzki , Spataro, As l aks on,
          Benedict

Nays:     None


Absent:     None


                                           By~ 11#-~   Fr~       Nielsen, Mayor
                                 CERTIFICATION
                                   2000-113(f)

This resolution was adopted at a regular meeting of the City Commission, held on
December 12, 2000. 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
                                                          QUIT-CLAIM DEED

 KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
 Muskegon, Michigan 49440,

 QUIT CLAIMS to THOMAS GALLOWAY, a married man, of2317 Fountain Street, Muskegon, Michigan 49441,

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

                                               Lot 34, Muskegon Urban Renewal Plat No.· I;

for the sum of One ($1) Dollar and other good and valuable consideration.

PROVIDED, HOWEVER, Grantee, or his assigns, shall substantially complete construction of a single-family home on the premises
herein conveyed, up to all codes, within eighteen (18) months after the date hereof. In default of such construction, title to the
premises shall revert to the City of Muskegon free and clear of any claim of Grantee, or his assigns; and, in addition thereto, the City
of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee, or his assigns. "Complete
construction" means: (1) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of
Muskegon's Director of Inspections, substantial completion of the dwelling described in the said building permit. In the event of
reversion of title oftlie above described premises, improvements made thereon shall become the property of the Grantor.
Furthermore, Grantee has covenanted that the home shall be owner occupied for five (5) years from the date of this deed,

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 --1.2't!i_ day of December, 2000.

Signed in the presence of:                                     CITY OF MUSKEGON ~

~did ✓s 1?ta1-.                                                By    ,;2   e , ,,ti~ -
                                                               Fred J. Nielse~,?t ~ r          , /                ,

 V Q~i,.,-y- KfZc<--Kih,~slC                                   and     ~ lJ, ~~W
         "'S°D \CV• n     Kh.,   \(o w s IC" ,                 Gail A. Kundinger, Its Clerk               ~

STATE OF MICHIGAN
COUNTY OF MUSKEGON

       The foregoing instrument was acknowledged before me this / '/f-J, day of December, 2000, by FRED J. NIELSEN and
GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the
City.

PREPARED BY: G. Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole                            L/r, dot      .S-.   /oFr r' r          , Notary Public, Muskegon Co., MI
175 W. Apple Ave., Ml 49443-0786                               My commission expires:._""9'-·-_o?
                                                                                               .......,,,,,_-.,o"--';)_""--------
WHEN RECORDED RETURN TO: Grantee                               SEND SUBSEQUENT TAX BILLS TO: Grantee

        G:\COMMON\5\GTJ\C-RLEST\GALLOWAY. QCD
';:~~~7~                .ll.llll!;l!;.I) •   l:imtutoey .l:'Ol'm                                                                    bor Title
 c.t. 1948, 565.151             M.S.A. 26,571


 KNOW ALL MEN BY THESE PRESENTS: TlmtCarlen G, Barnes, whose addKess is 1!49                                                  chard Ave., Muskegon, Ml
49442

 Conv~y(s) and Wammt(s) to                    Thomas Galloway, Whose address is 2311 Fountain St., Muskegon,

 the following deseribod premises siiuatod in ilio City of Muskegon, County of Muskegon lllld $to.to of Mi hig,m, lo-wit,
Lot 34, Muskegon Urban .Renewal Plat No. l, aocordlng lo the recorded plat thereof as reoord•d in Libc      19 of Plats, Pase 6 through
 ~,•inclusive, Muskegon County R~cords.



for tho, full consideration of                AFFIX RJSVENUE STAMPS AFTER RECOIi.DING
                                              REAL ESTATl\ '.ra.ANSFER TAX VALUATION AFF!DAVITA                           11.CHED




Dated £his 17th day of Au11ust, 2000




STATE OF MICHIGAN                                                            )
                                                                             }SS,
COUNTY OF Muskegon                                                           }

"file :foregoing imlttument ws,; acl<.nowledged before me this 17th day of August, 2000 by Carlen G. Bnm


                                             BECKY DUI.AMEY, NO'll\RY PUt¼.\C
                                             MUSKEGON COUNTY, STATE OF MICHi~ Public,
-----------,1~il'l'""O"'t'""JM1711M"'IS'"S"'lo"'N1t:Xf>lRES; 12/Z0/2001                          _ __,,___ __

Drafted by: Carlen O. Barnes                                                        Address: 849 Orchard Ave.
                                                                                    Musk•gon, Michigan 49442

                                             After l'Oco,ding re1u111. to:           niom$ G41lloway
Ta~ Parcel Number:                                                                   V/L C11'Ston St
                                                                                    · Muskegon, Miobigan 49442
24-610-000-0034·00
                                             Semi subsequent t"" bills to:           Thom® Galloway
                                                                                     VIL Creston St
                                                                                     Muskegon, Michigllll 4!1442




                                                                                                                                             100013352


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                                                                           OU rr-CLAIM D!lBD
                                                              s~atutory FcKm Cotpo&~tion
                               KNOW ALL MEN st THESE fR&SEMTS, T~a• CI~Y OF MUSK&GOM, a
                               municipal eorpoeatio~, whose µddress i~ 93J Terrace Stgeet,
                               MuSl(agon., M.ichigafl,,
                               QUIT CLAIMS To, CML~N G. SARNES, a single                               woman,    l9l6 Barri      on
                               Avenue, Apt., 2 11 Muskegon, M.ichigan 49441,
                               tne following deeeri~Qd p~@rnis@s eituatsd in the City of oousk 9onc
                               county of Muskegoflg State of Michigan, to wit&

                                           Lot 34, Muskego" Orban Rene~ol Plab No. l, city
                                           o! Muskegon
                               fo< the "um of,             E:l.ghteer, Hundred Donors ($l,BOO.OOJ
                               ~ROVID&c, aow&VER, Grantee, oe her assigns, sh~ll commence
                               conet.ruct.ion of a hom~ emises herein conveyed wit.hi one
                               (l) year atter date hereof. In default of such eonstruotion,
                               title to the premises hetein eonveyed sbai1 revs !>ehaH 0£ the cO~)"oraiion.


                                                                                        M•f.Pthar1 eno Srni th
                                                                                        Noury F"blio
                                                                                        Mu~keg~n County, Mi~nigan
                                                                                        My '"""'ffliBsl.on e$r;,i<~lll~•,f,1.o""'i"""~~U:~ /'i 7:'i
                                                                                                                       /


                                wne~ Reeozde4 ll@tu~n Tog
                                Send susa~quent t.a:t Bill.a                1.'Qt

                                tlUfte<\ by,                                            Businq~8 AddteS~!
                                Q'TOOLE, ~OliNSON, ~OT'J:E~,                            175 w. Appl• Av@n~e
                                ROL~, GR,\FTON         &   EKLOND                       ~uske9ott, MI 49443
                                B¼;     G~ ~homa~ Johnson

               f; . .<~'d      J?\78"0N
COMMUNITY
S HORE S,',f''B AN!{
          ,, /




         November 27, 2000



         City of Muske1:oo
        Michael Wee
         Planning Deportment
         Muskegon, MI

         F~x #0724-6790
                  RE: Lot 34/City of Muskegon/Creswn

         Pear Michael:

         This letter is to confirm rhnt Community Shores Bonk ls handling the construction financing on the above
         referenced property.

         !f you hnve ony questions, please feel free to c~ll me directly at 780-1873.




       ;;:;;t~f;lf/;~t
         Martha c, ZimmU
                                       1~


         Vice President
         Comrnet·ci..d I..ouns

         c:       Tom Gallowny
                  2317 Fountain St.
                  M"skcgon, Ml 49441




                                                                                                         1030 WF.ST NOJUON
                                                                                                      1'v1U$KC.GON> MrCIHGAN 49441
                                                                                                    PHONE 251.780.1800
                                                                                                  FAX 23 l.780.8018
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                                                                                                                      ~        I       I       I This Lot
                                                                                                                                                   1411 Dudley Street _.
                                                                                                                          ---.!.       I       I . Parcel# 24-610-000-0034-00 r - - ~ - - - - - -




                                                                                                                                                                     Marquette Neighborhood
mm111 1 1 11• 1111 111 111 1111 11 11 1 1 11 1                                                                                                                       Date Purchased: August 17, 2000

UICJ
                                    ~r
                                                                                                                                                                     Seller: Carlen Barnes
            1_ 111 111 11 1111 111 1 11 11 1111
   _I I _ _ _
                                                                                                                                                                     Buyer: Thomas Galloway

WM                  111 .1   .1 1      11 1R        1,   1   1,   11 1 1 1       11 1 , 1 1 1 1 1'------'1---'
                                                                                                          - ---J.....J.w---l,
                                                                                                                                                                     Lot Size: 105x132 (approx)
DATE:          November 27 2000

To:            Honorable Mayor and City Commissioners

From:          Inspection Services Department

Re:            Concurrence with the Housing Board of Appeals determination for
               demolition of the structures at 1213 Francis, aka Dangerous Building Case
               #00-61


SUMMARY OF REQUEST: This it to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structure located at 1213 Francis is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids for the demolition of
the structure and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.

FINANCfAL IMPACT: The cost of demolition will be paid with budgeted CDBG funds.

BUDGET ACTION REQUIRED: None.

CASE HISTORY: fhis One unit unoccupied home is located on Francis Street near
Roberts. The owner is Clara Welch. A fire occmTed in this home in December of 1999.
On 7/20/00 a dangerous bui !ding inspection was conducted which revealed the home to
be still in need of repair. A notice of order to repair the structure was sent on 8/18/00.
There had been no contact from the owner and the case was heard before the Housing
Board of Appeals on 10/5/00 where the Board declared the structure to be unsafe,
substandard and a public nuisance.

TAX INFO:      SEV =

ESTIMATED COST TO REPAIR:             $   35 1600
COMMITTEE RECCOMENDATION:                     The City Commission will consider this case
on 12/12/00.
7-19-oo
     ---~
     ____..
              I
    \ffirmath"e Action
  /!JI 724--6703
(   F.i.X, 721•1214

    Assessor
    !Jl:724-6708
    FAX 72().5181

    Cemetery
    231/724-6783
    FAX/726,.5617

    Civil Service
    n1n24--6716
    F AX/724-4405                                                        West Michigan's Shoreline City
    Clerk
    23 tn24--6705
    FAX1724-4178

    Comm. & Neigh.
                                                   DANGEROUS BUILDING INSPECTION REPORT
       Services
    231/724--6717
    FAX/726.2501                                                            1213 FRANCES
   Engineering
                                                                         Fire Damage in 12/99
   n1n2u101
   F AX/727-6904
                                                                                    7/20/00
   Finance
   231/724--6713
   F AX/724--6768
                       Inspection Noted:
   Fire Dept.
   2Jln24--6792
   F Axn24--E
Inspections Department                                                                                                                                                   s
                                                                                                                                                                             I
                                                                                                                                                                             I
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    =:J                               --------,111111                   11111                    1111                     •~l                                     -··-
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          December 12, 2000

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Roberts, Lawrence to Wesley




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Roberts Street, Lawrence
to Wesley, and to adopt the attached resolution confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$52,612.73 will be spread against the eight (8) 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

                               Resolution No.      2000- 114 ( a )


                       Resolution Confirming Special Assessment Roll

          For ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE.



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 14, 2000, 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.

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

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

THEREFORE, BE IT RESOLVED:

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

2.     That the assessments levied may be made in installments as follows: annual installments
       over ten(! 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 Roberts, Lawrence TO Wesley
Continued...



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

This resolution passed.

Ayes:    Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,

         Schweifler

Nays:    None




                                          CERTIFICATE

This resolution was adopted at a meeting of the City Commission, held on December 12, 2000.
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.

Fmiher, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being December 12, 2000.
                               EXHIBIT A


       ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE..

                    SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of ROBERTS STREET, LAWRENCE AVE. TO
                            WESLEY AVE.
     ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE.
                MAYOR'S ENDORSEMENT AND WARRANT


I, FRED J. NIELSEN, 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 MUSKEGON

                                BY   ~FREDJ.lLSEN,MAYOR
                                               2µ.,
                  AFFIDAVIT OF MAILING BY CITY CLERK

STATE OF MICffiGAN    )
                      ) ss
COUNTY OF MUSKEGON)


GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE
IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT AT A HEARING HELD ON
THE li11 DAY OF December, 2000 THE CITY COMMISSION ADOPTED A RESOLUTION
CONFIRMING THE FOLLOWING SPECIAL ASSESSMENT ROLL:

           . ALL PARCELS ABUTTING Roberts, Lawrence to Wesley.
A NOTICE OF THE SAID HEARING WAS DULY PUBLISHED IN THE MUSKEGON
CHRONICLE, A DAILY NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF
MUSKEGON, ON December 2, 2000.

DEPONENT FURTHER 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 HE 30th DAY OF
November, 2000.
                                             ' 0,
SUBSCRIBED AND SWORN TO BEFORE ME TffiS
 /3-rl. DAY OF /)ec e1n j -1' ,,-- , 2000.



duia 0 .             ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-a s--o J..
                                                                                                                                                                                                                            ALBEI
                                                                                                                                                                            297
                                                                                                                  302                      300                     298 I-                                            293
                     551                                                                                                                                               ,L 298

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                                                                                                                                                                            252
                                                                            WESLEY                                           AVENUE

             SPECIAL ASSESSMENT DISTRICT
                                                                                        N                         18                            188

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                                                                                                                                                                                                                              MARC
                                                                                        T                         184                          ,181                179
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             15047                                                 15048
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                                                                   APPLE                                          AVENUE
  .      .
Affirmative Action
616/724-6703
FAX/724-6790                                       MUSKEGON
Assessor
6 t 6/724-6708
FAX1724-6768

Cemetery             December 1, 2000
616/724-6783
FAX/722-4188

Civil Service
616/724---6716
FAX1724-6790                                       West MlcWgan's Shoreline City
Clerk
6 I 6/724-6705
F AX/724-6768

Comm, & Neigh.
   Services          Property Parcel Number: _____ at _ _ _ _ __
616/724-6717
FAX/724-6790

Engineering
616/724-6707           NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
FAX/724-6790
                     Dear Property Owner:
Finance
616/724-6713
F AX/724-6768        The Muskegon City Commission has previously approved the project described below and will now
                     consider final confirmation of the special assessment roll:
Fire Dept.
616/724-6792
F AX/724-6985                                  Roberts Street, Lawrence Avenue to Wesley Avenue
Income Tax
616/724-6770
                                                                 Public Hearings
FAX/724-6768
                     A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
Info. Systems        December 12, 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
616/724-6975
F AX/724-6768        in wriiing to express your opinion, approval, or objection concerning the special assessment. Written
                     appearances or objections must be made at or prior to the hearing.
Leisure Service
616/724-6704
F AX/724-6790        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
Manager's Office     CONFIRMED DECEMBER 12, 2000 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
616/724-6724
F AX/724-6790
                     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,
Mayor's Office       OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
616/724-6701
F AX/724-6790
                     TRIBUNAL WILL BE LOST.

Neigh. & Const,
  Services
616/724-6715
FAX/724-6790
                     The final projected cost of the street improvement portion of the project is $126,790.00 of which
                     $52,612.73 (41.50%) will be paid by special assessment to property owners. If the special assessment is
Planning/Zoning      confirmed, your property will be assessed _ _ _ based on_ feet assessable front footage at $33.40
616/724---6702
                     per assessable foot for the street improvements. In addition, you will be assessed _ _ for driveway
FAX/724-6790
                     approach and/or sidewalk improvements made to your property for a total special assessment cost of
Police De11t.                   Following are the terms of the special assessment:
616/724-6750
FAX/722-5140
                                                       Assessment Period: Ten (10) Years
Public Works                                               Interest Rate: 5% per year
616/724-4100                                                 First Installment:
FAX1722-4188                                              Due Date: February 12, 2001
Treasurer
616/724-6720
F AX/724-6768

Waler Dept.
616/724-6718
FAX/724-6768

Water Filtration
616/724-4106
FAX/755-5290              City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
 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
 wt LL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER wt LL REPRESENT YOUR
 INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST
 COSTS. OTHERwtSE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS wtTH
 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 financial assistance programs available.



 Sincerely,


.J?2~a,,~ ().Js__ajJ
 Mohammed AI-Shatel, P.E.
 City Engineer
                      Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I.   Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

fl. 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
                                            LAKETON AVENUE H-1510
                                   REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

Note: You may receive this aj,plicatioh several times ...;.Jfyou have alretiily ilpplied,please discard.
Dear Resident:
      The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
      replacement program. City ordinances require that property owners be responsible for the repair/replacement
      of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
      paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
      Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program
      qualifications, the City may pay the sidewalk 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
    2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
    mcome.
                                                         2000
                                             II 65% MEDIAN HOUSEHOLD           INCOME CHART • 11
                                                 FAMILY SIZE                INCOME LIMIT
                                                          I                       $22,800
                                                       2                           26,040
                                                       3                           29,340
                                                       4                           32,580
                                                       5                           35,160
                                                       6                           37,800
                                                       7                           40,380
                                                        8                          43,020
                                               For each extra, add                  3,240


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

✓   Applicants must submit proof of current property insurance.

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

The City reserves the right to verify all application information, and to reject any applications that contain/a/sifted information or insufficie,
documentation. Sidewalk repairs must be completed by the City of Muskegon. Costs incurred from repairs done by a private contractor or I
doing them yourself. will !!Q!. be reimbursed.
                               CITY OF MUSKEGON
                           NOTICE OF PUBLIC HEARING
                   CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
                         SPECIAL ASSESSMENT DISTRICTS:

                                 LAKETON, WOOD TO GETTY
                                            &
                               ROBERTS, LAWRENCE TO WESLEY

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

   All properties abutting Laketon Avenue from 55.77 feet east of the centerline of
                     Wood Street to the centerline of Getty Street
                                            &
                All properties abutting Roberts Street, Lawrence to Wesley

PLEASE TAKE NOTICE that a hearing to confirm the special assessment districts will be held
at the City of Muskegon Commission Chambers on DECEMBER 12, 2000 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 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 ORAT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.

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

                                                                  Gail A. Kundinger, City Clerk
Publish: DECEMBER 2, 2000
                                             ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audio tapes 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
                                     CITY OF MUSKEGON

                                   Resolution No. 2000-32 (a)                REC E\ V "[)
                                                                               CITY OF MUSKEG(;N
                                                                                    C,

              Resolution At First Hearing Creating Special Assessment DistdcfJ: " '~ ·
                                                                                           <'I '   zar)
                                                                                                     .J •

        For ROBERTS STREET, LAWRENCE AVE. TO WESLEY AVE.                                                    .
                Location and D~s~ription of Prope~ies to be_Assessfll:lf,16\N[[R\},16
                       See Exh1b1t A attached to this resolut10n   Li1 l      ·
                                                                                                       D[Pl•
RECITALS:

1.   A hearing has been held on MARCH 14, 2000 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 14, 2000, there were 5. 79 % 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 of the property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

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

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.   The City Commission hereby appoints a Board of Assessors consisting of City
     Commissioners As l akson                                  and _S::..ip:..ca:ctccac..r~o_ _ _ _ _ __
       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 25.37% 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_ ___;;_S.;.c.he=pc..c.hc.. : e'-'-r.. :;.d.,_,_S=-i:.. .:e'-'-r--'-'a-'-'-dz=k_i_,_,_S._pa_t_a_r_o_,_,_A_s_l_a_k_s_on_,_,_B_e_n_ed_,_
                                                                                                                                               · c_t......,_N_ie_l_s_e_n_ __


       Nays_ ___;__;N...;:_o_ne"----------------------------



                                                                                                          CITY OF MUSKEGON


                                                                                                          By ildl b  Gail A. Kundinger,Oerk


                                                             ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on MARCH 14, 2000.
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 ~9~d~~~
                                                              H-1508
                                         Roberts Street, Lawrence Avenue to Wesley Ave
                                              SPECIAL ASSESSMENT ROLL
                                                                                                                      DR APP
PARCEL               @                                                                                      PAVING       /SW       TOTAL

24-121-300-0023-00   1280    LAWRENCE     CITY OF MUSKEGON     BTW OAK GROVE & R                         $10,871.70   $701.05   11,572.75


24-610-000-0120-00   1210    LAWRENCE     OAKES PAULL JR/MY    1210 LAWRENCE       MUSKEGON   Ml 49442    $2,087.50     $0.00   $2,087.50


24-611-000-0185-00   1208    MARCOUX      CIRNER DOUGLAS W     1208 MARCOUX        MUSKEGON   Ml 49442    $2,202.06 $1,167.12   $3,369.18


24-610-000-0184-00   1211    MARCOUX      CHAMBERS DARELLA     1211 MARCOUXAVE     MUSKEGON   Ml 49442    $2,204.40     $0.00   $2,204.40


24-610-000-0150-00       0   ROBERTS S    OAKES PAUL JR/MYRA 1210 LAWRENCE         MUSKEGON   Ml 49442    $5,429.17     $0.00   $5,429.17


24-610-000-0153-00       0   ROBERTS S    OAKES PAUL           119 DELAWARE        MUSKEGON   Ml 49442    $5,429.17     $0.00   $5,429.17


24-121-300-0002-00   1145 WESLEY AV       W MICH CTR HANDICA 1145 WESLEY AVE       MUSKEGON   Ml 49442-0 $18,503.60 $1,321.26   19,824.86


24-611-000-0245-00   1205    WESLEY AV    FOSTER DORIS         1205 WESLEY AVE     MUSKEGON   Ml 49442    $2,202.06   $493.64   $2,695.70
                                    H-1508
                  Roberts Street, Lawrence Avenue to Wesley Ave
                       SPECIAL ASSESSMENT ROLL
                                                                                            DR APP
PARCEL    @                                                                      PAVING        /SW       TOTAL


         TOTALS                                                               $48,929.66 $3,683.07   $52,612.73

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


                                 BOARD OF ASSESSORS



                       CLIFF TURNER, DIRECTOR, COUNTY EQUALIZATIO   DATE



                       LAWRENCE SPATARO      CITY COMMISSIONER      DATE



                       JOHN ASLAKSON         CITY COMMISSIONER      DATE
                                                            H-1508
                                        Roberts Street, Lawrence Avenue to Wesley Ave

                                         SPECIAL ASSESSMENT CDBG ROLL
                                                                                                                     DR APP
PARCEL                @                                                                                   PAVING        /SW      TOTAL

24-611-000-0185-00     1208   MARCOUX    CIRNER DOUGLAS W    1208 MARCOUX       MUSKEGON     Ml 49442   $2,202.06 $1,167.12   $3,369.18


24-610-000-0184-00     1211   MARCOUX    CHAMBERS DARELLA    1211 MARCOUX AVE   MUSKEGON     Ml 49442   $2,204.40     $0.00   $2,204.40



                     TOTALS                                                                             $4,406.46 $1,167.12   $5,573.58

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


                                                       BOARD OF ASSESSORS



                                             CLIFF TURNER, DIRECTOR, COUNTY EQUALIZATIO    DATE



                                             LAWRENCE SPATARO        CITY COMMISSIONER     DATE



                                             JOHN ASLAKSON           CITY COMMISSIONER     DATE
TO:            Honorable Mayor and City Commissioners

FROM:          Engineering

DATE:          December 12, 2000

RE:            Public Hearing
               Spreading of the Special Assessment Roll
               Laketon Ave., 55.77' East of the Centerline of Wood Street to Getty Street




SUMMARY OF REQUEST:

To hold a public hearing on the spreading of the special assessment for Laketon Ave., 55. 77'
East of the Centerline of Wood Street to Getty Street, and to adopt the attached resolution
confirming the special assessment roll.


FINANCIAL IMPACT:

A total of$88,259.32 will be spread against the twenty three (23) 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

                                   Resolution No. 2000-114/b)


                           Resolution Confirmiug Special Assessment Roll

           For Laketou Ave., 55.77' East of the Centerline of Wood Street to Getty Street


    Prope1iies Assessed: See Exhibit A attached to this resolution.

    RECITALS:

    1.     The City Commission determined to create a special assessment district covering the
           Prope1iies set forth in Exhibit A attached to this resolution on February 22, 2000, at the
           first hearing.

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

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

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

    THEREFORE, BE IT RESOLVED:

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

    2.     That the assessments levied may be made in installments as follows: annual installments
           over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
           the rate of five (5) percent per annum to be paid in addition to the principal payments on
           the special assessment.
    I       7


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                   -,-, "14                 14                14                              14                   14                          14                     14                                      14
                                                                                                                                                                                         I            . II         It;'                I

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                                                                                                                                                                      .!!....l       I       15           J ··1e          15

                                  21
                                                                           Laketon Avenue
                                                                                                                                                    fN                ~              ,,      AVE
                                                                                                                                                                                                      II     30
                                                                                                                                                                                                                           I
                                                                                                                                                                                                                                   '
                                                       Wood Street to Getty Street                                                                                                                                                 I



                                                                                                                                                                                                                           -
                                                                                                                                                                                                                               I
                                                 SPECIAL ASSESSMENT DISTRICT
                                                            •
                                  §!
                                  !Si
                                   ~-----

                                                                                        -·                                                                             ---- .....
                                                                                                                                                                                     I       15       ii 1i               15
                                                                                                                                                                                                                               ,,,,,,
Affrmative Action
616/724-6703
F AX/724-6790                                     MUSKEGON
Assessor
616/724-6708
F AX/724-6768

Cemetery
616/724-6783        December 1, 2000
FAX/722-4188

Civil Service
616/72-1-6716
FAX/724-6790

Clerk
616/724-6705
FAX/724-6768

Comm. & Neigh.
   Services
616/724-6717
F,\X/724-6790
                    Property Parcel Number: _ _ _ _ _ at _ _ _ __
Engineering
616/724-6707
F AXn24-6790
                      NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Finance
616/724-6713
FAX/724-6768        Dear Property Owner:

Fire Dc11t.         The Muskegon City Commission has previously approved the project described below and will now
616/724-6792
F AX/724-6985       consider final confirmation of the special assessment roll:

Income Tax                                        Laketon Avenue, Wood Street to Getty Street
616/724-6770
FAX/724-6768
                                                                Public Hearings
Info. Systems
616/724-6975
FAX/724-6768
                    A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
                    December 12, 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
Leisure Service     in writing to express your opinion, approval, or objection concerning the special assessment. Written
616/724-6704
                    appearances or objections must be made at or prior to the hearing.
FAX/724-6790

Manager's Office    YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
616/724-6724        EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
F AX/724-6790
                    CONFIRMED DECEMBER 12, 2000 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
Mayor's Office      CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
616/724-6701        6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
FAX/724-6790
                    OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
Neigh. & Const.     TRIBUNAL WILL BE LOST.
   Services
616/724-6715
F AX/724-6790

Planning/Zoning     The final projected cost of the street improvement portion of the project is $561,000 of which $41,996.21
616/724-6702        (7.49%) will be paid by special assessment to property owners. If the special assessment is confirmed,
F AX/724-6790
                    your property will be assessed ___ based on _ _ feet assessable front footage at $30.35 per
Police Dept.        assessable foot for the street improvements. Following are the terms of the special assessment:
616/724-6750
FAX/722-5140
                                                      Assessment Period: Ten (10) Years
Public Works                                              Interest Rate: 5% per year
616/724-4100                                               First Installment: - - -
FAX/722-4188                                             Due Date: February 12, 2001
Treasurer
616/724-6720
FAX/724-6768

Water Dept.
616/724-6718
FAX1724-6768

Water Filtration
616/724-4106
FAX/755-5290             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
 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 financial assistance programs available.



 Sincerely,


•172c-Aa"~ ().j-3AJJ
 Mohammed AI-Shatel, P.E.
 City Engineer
                      Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I.  Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.

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

         Street and Alley Assessments-Ten (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
                                            LAKETON AVENUE H-1510
                                   REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

Note: You may receive this application several times .:..Jfyou have already applied, please discard.
Dear Resident:
      The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk
      replacement program. City ordinances require that property owners be responsible for the repair/replacement
      of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty
      paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development
      Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program
      qualifications, the City may pay the sidewalk 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
    2000, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
    mcome.
                                                         2000
                                                    .   . .'             ::····i·     --:···. ' ,,·,, ,--, .   '   .
                                              65% MEDIAN HOUSEHOLD INCOMECHART ,


                                                 FAMILY SIZE                        INCOME LIMIT
                                                               I                          $22,800
                                                               2                           26,040
                                                               3                           29,340
                                                               4                           32,580
                                                               5                           35,160
                                                               6                           37,800
                                                               7                           40,380
                                                               8                           43,020
                                               For each extra, add                          3,240


✓ 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 10 reject any applications /hat contain falsified information or insufficienl
documentation. Sidewalk repairs must be completed by the City of Muskegon. Costs incurred from repairs done by a private contractor or by
doing them yourself, will not be reimbursed.
                               CITY OF MUSKEGON
                           NOTICE OF PUBLIC HEARING
                   CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
                         SPECIAL ASSESSMENT DISTRICTS:

                                  LAKETON, WOOD TO GETTY
                                                    &
                               ROBERTS, LAWRENCE TO WESLEY

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

   All properties abutting Laketon Avenue from 55. 77 feet east of the centerline of
                     Wood Street to the centerline of Getty Street
                                            &
                All properties abutting Roberts Street, Lawrence to Wesley

PLEASE TAKE NOTICE that a hearing to confirm the special assessment districts will be held
at the City of Muskegon Commission Chambers on DECEMBER 12, 2000 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 hearing the City Commission determined that the special
assessment districts should be created, the improvement made, and the assessment levied. The
purpose of this hearing is to hear objections to the assessment rolls and to approve, reject, or
correct the said roll.

                                                                  Gail A. Kundinger, City Clerk
Publish: DECEMBER 2, 2000
                                              ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audio tapes 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 (23 I) 724-6773
                                   CITY OF MUSKEGON

                                 ResolutionNo. 2000-29(c)


            Resolution At First Hearing Creating Special Assessment District
     For Laketon Ave., 55.77' East of the Centerline of Wood Street to Getty Street

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


RECITALS:

I.   A hearing has been held on FEBRUARY 22, 2000 at 5:30 o'clock p.m. at the
     City Commission Chambers. Notice was given by mail and publication as
     required by law.

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

3.   At the hearing held FEBRUARY 22, 2000, there were 44. 28 % 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 of the property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

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

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.   The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners       Schweifler                         and        Benedict
       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 8.39% 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 assess\!d of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.


This resolution adopted.

       Ayes_---=B-=e.:...:n-=-ed.: . .:. .c:i :. .;t:. .i,c. _:_:N~i-=-e-=-1s=-e::. :.n:. . z,---=S-=-c.:. :.hw'-"e=-1~·f-'1-=e:..:. .r. z. ,_S=-h..:. .:e: .i:p:. :. .h-=e:. :. .r. : .d_,_,-'S: . .;i:. . :e:. :. .r-=a..: .d=-zk:. .:. .1.:. . ,,__
                                                                                                                                                                                                                                                  · _ _ _ __
                     Spataro, As l akson

       Nays._ __;_N:.::o..:.:n.=e_ _ _ _ _ __ __ _ __ _ __ __ _ _ _ _ _ _ _ _ __



                                                                                                                                                          CITY OF MUSKEGON




                                                                                       ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on FEBRUARY 22,
2000. 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 ~c,j.__
                                       EXHIBIT A


                    LAKETON AVENUE, WOOD TO GETTY

                         SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Laketon Ave., 55.77' East of the Centerline of Wood
                                     Street to Getty Street.
                                                               H-1510
                                           Laketon Avenue, Wood Street to Getty Street
                                               SPECIAL ASSESSMENT ROLL
                                                                                                                         DR APP
PARCEL               @                                                                                        PAVING       /SW       TOTAL

24-255-001-0029-00   531       LAKETON A   ADMIRAL PETROLEUM 13 RANDALL ST          COOPERSVILL   Ml 49404   $1,896.88    $0.00   $1,896.88


24-165-000-0001-00   415 LAKETON A         ARCHER HOLDINGS L    1152 SCENIC DR      MUSKEGON      Ml 49445   $3,315.13    $0.00   $3,315.13


24-255-008-0030-00         0 SUPERIOR      BURR ARDETH M TRU    2354 N PILLON RD    TWIN LAKE     Ml 49457   $1,896.88    $0.00   $1,896.88


24-255-008-0001-00   1808 ELWOODS          CHILCOTE JERRY       1808 ELWOOD ST      MUSKEGON      Ml 49442   $1,896.88    $0.00   $1,896.88


24-129-400-0005-00         0 LAKETON A     CITY OF MUSKEGON     BETWEEN MANZ & W                             $5,782.89    $0.00   $5,782.89


24-129-400-0011-00         0 LAKETON A     CITY OF MUSKEGON     BETWEEN RAY & SUP                            $5,782.89    $0.00   $5,782.89


24-129-400-0012-00         0 LAKETON A     CITY OF MUSKEGON     BETWEEN GETTY & R                            $5,782.89    $0.00   $5,782.89


24-129-400-0010-00         0 LAKETON A     CITY OF MUSKEGON     BTWN SUPERIOR & E                            $5,782.89    $0.00   $5,782.89


24-129-400-0009-00         0 LAKETON A     CITY OF MUSKEGON     BETWEEN ELWOOD &                             $5,782.89    $0.00   $5,782.89


24-129-400-0008-00         0 LAKETON A     CITY OF MUSKEGON     BETWEEN DYSON & J                            $5,782.89    $0.00   $5,782.89


24-129-400-0007-00         0 LAKETON A     CITY OF MUSKEGON     BTW JARMAN & MCIL                            $5,782.89    $0.00   $5,782.89


24-129-400-0006-00         0 LAKETON A     CITY OF MUSKEGON     BTWN MCILLWRAITH                             $5,782.89    $0.00   $5,782.89


24-255-005-0001-00       631   LAKETON A   CONTRADYJOHN         5720 E JEFFERSON S MUSKEGON       Ml 49442   $1,896.88    $0.00   $1,896.88


24-890-000-0056-00   459 LAKETON A         DECHENEY RENEE/M     2673 ROBERTS ST     MUSKEGON      Ml 49444   $1,942.40    $0.00   $1,942.40
                                                                 H-1510
                                            Laketon Avenue, Wood Street to Getty Street
                                                SPECIAL ASSESSMENT ROLL
                                                                                                                        DR APP
PARCEL                @                                                                                      PAVING       /SW       TOTAL

24-165-000-0004-00    431       LAKETON A   FRIENDS OF EDUCATI    PO BOX275         MUSKEGON   Ml 49443     $2,003.10    $0.00   $2,003.10


24-880-000-0002-00    1814      RAY ST      GOMEZ LORENZO SR      1814 RAY ST.      MUSKEGON   Ml 49442     $1,896.88    $0.00   $1,896.88


24-255-001-0001-00    1808      MCILWRAIT   HALL CARVIN SR        1808 MCILWRAITH   MUSKEGON   Ml 49442     $1,896.88    $0.00   $1,896.88


24-255-005-0029-00    1807 ELWOOD S         HANIS TAMMY A         1807 ELWOOD       MUSKEGON   Ml 49442     $1,896.88    $0.00   $1,896.88


24-640-000-0001-00     721      LAKETON A   HOLLY'S GREEN GAR     721 E LAKETON     MUSKEGON   Ml 49442     $5,796.85    $0.00   $5,796.85


24-255-004-0001-00        565   LAKETON A   LUNDHOLM KEN W        858 MONA LANE     MUSKEGON   Ml 49441     $5,796.85    $0.00   $5,796.85


24-880-000-0027 -00   1813      GETTY ST    NATIONAL OIL CO       P.O. BOX239       MUSKEGON   Ml 49443-0   $3,793.75    $0.00   $3,793.75


24-890-000-0001-00     473      LAKETON A   OUR FATHERS BAPTIS 2031 LEAHY           MUSKEGON   Ml 49444     $4,856.00    $0.00   $4,856.00


24-890-000-0005-00        473   LAKETON A   OUR FATHERS BAPTIS 473 E LAKETON        MUSKEGON   Ml 49442     $1,214.00    $0.00   $1,214.00
                                      H-1510
                     Laketon Avenue, Wood Street to Getty Street
                        SPECIAL ASSESSMENT ROLL
                                                                                              DR APP
PARCEL     @                                                                        PAVING      /SW        TOTAL

         TOTALS ..                                                               $88,259.32   $0.00    $88,259.32

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


                                   BOARD OF ASSESSORS


                         CLIFF TURNER, DIRECTOR,COUNTY EQUALIZATION   DATE



                         ROBERT SCHWEIFLER     CITY COMMISSIONER      DATE



                         JONE BENEDICT         CITY COMMISSIONER      DATE
                                                             H-1510
                                         Laketon Avenue, Wood Street to Getty Street

                                         SPECIAL ASSESSMENT CDBG ROLL
                                                                                                                     DR APP
PARCEL                @                                                                                    PAVING      /SW       TOTAL
24-255-008-0001-00     1808   ELWOOD S   CHILCOTE JERRY       1808 ELWOOD ST     MUSKEGON     Ml 49442   $1,896.88    $0.00   $1,896.88



                     TOTALS                                                                              $1,896.88   $0.00    $1,896.88

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


                                                          BOARD OF ASSESSORS



                                             CLIFF TURNER, DIRECTOR, COUNTY EQUALIZATIO     DATE



                                             ROBERT SCHWEIFLER        CITY COMMISSIONER     DATE



                                             JONE BENEDICT            CITY COMMISSIONER     DATE
             AGENDA ITEM NO.
          CITY COMMISSION MEETING November 28, 2000



To:        Honorable Mayor and City Commissioners

From:      Herman Harris, Director, Civil Service/Personnel
DATE:      November 20, 2000

RE:        Extending The City's current contract with
           MANPOWER,INTERNATIONAL, INC. for temporary
           employment services (including Seasonals) for 2001.


SUMMARY OF REQUEST:
                               Request that the City Commission authorize
                               Extension of the current contract for temporary
                               services for the year 2001. Current contract
                               expires December 31,2000. Extended contract will
                               be at the same rates agreed to in 1997 except a
                               3% billing rate increase for Administrative
                               Secretary ($9.35 to $9.63) and Account Clerk
                               ($8. 76 to $9.02). The City is expected to incur the
                               costs for Drug Tests for temporary employees
                               provided by Manpower, International ($21.00
                               each).



FINANCIAL IMPACT:
                               Approximately $1,800 beyond budget for drug
                               Tests. This is the year 2000 costs which are
                               expected to be the same for year 2001.

BUDGET ACTION REQUIRED: $2,000 adjustment.



STAFF RECOMMENDATION: To approve this request.
 ~   !I •   ~   l. h ·11_1

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     ...,,,n1n·,             November 17, 2000
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                             Manpower
 }" 111,11\l"\'              Ms. Annette Jack,
 .!JI "';:4.1,•13
 t \\ "!4-1,·1,.'!           District Manager
                             820 Terrace Street
 l 11,· lh•pt.
 .!.\ I •.::4.1,••1_1        Muskegon, Ml 49440
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 I-\\ "'14-t, .. <,.'!       Dear Ms. Jack,
 Info. SJ,h•m,
.:!JI ".H-l,.,H              As you know, our current contract for temporary employment services, including
F\\."'.1.1-4JUI
                             seasonal employees expires December 31, 2000. The City of Muskegon is
I ,·1,url' S,•nin·           preparing to solicit offers for those services for a period commencing upon
!JI .,::?4-t,"'tl.l
 F\\."'.'24-11%
                             expiration of our contract, however we decided to explore whether or not
                             MANPOWER would be interested in extending the current contract. If so, what
\l.1n,l)!l't"· .. ( )ffin·

.!JI "'.1 • -<,·;:4          billing rates do you propose?
t \\.-"'1!-1!14

 \ l.1~ 11r', (Hfirl'        Please advise relative to the two questions above and any other information you
.!JI .,.! • -f,"'HI
 I· \ \ ... !!-1114
                             consider pertinent to extending our current contract for one year.

                             I need your reply as soon as possible.
::?JI "124-1,71:(
I· \\·"'.!<,-.!~Ill
                             Thank you and if I can provide any other information to assist in developing your
l'l,1 nning. Zuning
.!JI "'::?4-(,"'o.!
                             reply, please do not hesitate in letting me know.
I·\ \.".!4-(, .. 'JCI


1'11l1n• lh•p1.
!.ii .,!4-(, .. :°'II
I·\\ "'.!.!-:'14!1
                             For he Civil Service Commissioners
l'uhlir \\ud,,
.!JI "'.14-4JIIU
I-\\ "'.!.!-41.'!,'i

 1, ,.. ,,u, ,·r              erman Harris,
!.I I "'! • -t,"'!U          Director, Civil Service/ Personnel
I- \ \ "'!4-1, .. 1,'i

\\ .1h•1 ll1ll1ng lh-pt.
!.I I ·':'!4-1,"' IX
I· \ \ ., .14-1, .. 1,.'!

\\ .1h·r l-"ilt1;1ti11u
.!.II "'!4-41111,
I \ \ ·:-,5.:-,_1•m

                                     City of l\luskegon, 9JJ Terrace Street, P.O. Bo, 536, Muskegon, Ml ~9HJ-05J6
                                                                         RECEIVED
                    MANPOWER                                                NOV 2 0 2000



                    Issued at the
                                                                         CIVIL SERVICE OFFICE
                                                                                                                                                     Insurance
                                                                                                                                           AON Risk Services, Inc. of Wisconsin
                    request of:                                                                                                                        Two Plaza East, Suite 450
                                                      CITY OF MUSKEGON                                                                                 330 East Kilbourn Avenue
                                                                                                                                                     Milwaukee, Wisconsin 53202
                    Date:                              11/01/00
                    Name of Insured: J .D.M. & Associates, Inc. d/b/a Manpower
                    The undersigned insurers by their duly authorized agents hereby severally certify that the insurance
                    referred to opposite their names is in effect.

                       COVERAGES                                               LIMITS                                                                   INSURERS
                       For Which Insurance Is Afforded                         of Liability
                       l3lankct Excess Liability                               $40,000,000 each occurrence                                              Federal Insurance Company
                          Policy No. 7972-2954                                 $40,000,000 aggregate
                            Expiration Date: 3/1/01                            Bodily Injury and                                                        By       x/,wl ;{'   :1£-~
                                                                                                                                                                   :\uthonzed ,\g~nl
                                                                               Property Damage
                       Blanket Excess Liability                                $10,000,000 each occurrence
                                                                                                                                                       Allianz Insurance Company
                         Policy No. XLA 4200176                                $10,000,000 aggregate
                          E:-..1)iration Date: 3/1/01                          Bodily Injury and                                                        By       xl,,,d ;{' ;Uk~
                                                                                                                                                                   :\utlmmed ,\~enl
                                                                               Property Damage
                       Bodily Injury Liability
                       Including Contractual
                                                                               $5,000,000 each occurrence
                       Property Damage Liability
                                                                               $5,000,000 products aggregate
                       Combined
                                                                               $5,000,000 general aggregate
                       Policy No. MP 3520-77-90
                       Expiration Date: 10/1/01
                                                                                                                                                       Chubb Group of Insurance Companies
                       *Automobile Liability
                           Hired                                                                                                                       By       ;:J,,,d ;{' µk,,&,,._
                                                                                                                                                                   ,\uthorizlcrimary Commercial
                                                                                                                                                       Chubb Group of Insurance Companies
                          Blanket Bond                                        $5,000,000 each occurrence
                          Policy No. MP 3520-77-90                                                                                                     By       ;:J,,,d ;{' µkv,1,-,_
                                                                                                                                                                   Autll<>rn.td Agent
                          Expiration Date: 10/1/01

                       · \pplL<·s ''" .ec<>nll.ic•s. L1m1ts ;hnwn m;iy h:,w !wen rt'd11n·E t1~i11:.1:rv 1Nsua~Nce ~,:.,,...'-,",~=:::::--'='l,oO",->Oc,l:L.!!_0.!!0
                                              \} .. \\i/ ..·•·•··}•}.·•· (. /.}{/ .} .•. . i·••••.. tr••'-:•
                                                                                                                                        •r•           __
                                                                                                                                                                                                     0
                                                                                                                                                                                                           IMM,oo,vy,

 PRODUCER          •                                                   D          .cl,i:',••:::-·     ···:2·•:2•••:2•••·=i"='•••=••,,_•-:c·•·,...••.,.,·•:-:··,c•·','·
                                                                                                •-=·"=.



                                                                                  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
    Aon Risk Services Inc• O
    Two Plaza Bast - Suite 45
                                                 ECEIVE                           ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
                                                                                  HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
                                                                                  ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
    330 E Kilbourn Ave                                                                                                  COMPANIES AFFORDING COVERAGE
    Milwaukee, WI 53202-3179
                                                   NOV 2 0 2000
                                                                                COMPANY
    800-556-5115                                                                       A             Federal Insurance Com an
 INSURED
                                              CIVIL SERVICE                     COMPANY
    J.O.M. & Associates                                                                B             Fireman' a Fund Ins. Co.
    dba Manpower Temporary Service                                              COMPANY
    400 S. State Street, Ste. #150                                                    C              Allianzinsurance Com an
    Zeeland, MI 49464                                                           COMPANY
                                                                                      D

      THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
      INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
      CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
      EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

 co           TYPE OF INSURANCE                                              POLICY EFFECTIVE                  POLICY EXPIRATION
LTR                                                 POLICY NUMBER                                                                                                                       LIMITS
                                                                             DATE IMMIDDNY)                     DATE (MM/DDIYY)

      GENERAL LIABILITY                                                                                                                                          GENERAL AG GREGA TE                     5,000,000
 A    X    COMMERCIAL GENERAL LIABILITY    MP 3520 77 90                      10/01/00                          10/01/01                                         PRODUCTS. COMP/OP AGG                   5,000,000
               CLAIMS MADE    ~   OCCUR                                                                                                                          PERSONAL & ADV INJURY
                                                                                                                                                                                                 '       5,000,000
           OWNER'S & CONTRACTOR'S PROT                                                                                                                           EACH OCCURRENCE                         5,ooo,ooo
                                                                                                                                                                 FIRE DAMAGE (Any one fire)                    N/A
                                                                                                                                                                MED EXP (Any one person)                       NA
      AUTOMOBILE LIABILITY
                                                                                                                                                                COMBINED SINGLE LIMIT
           ANY AUTO
                                                                                                                                                                                                         5,000,000
           ALL OWNED AUTOS
                                                                                                                                                                BOOIL Y INJURY
           SCHEDULED AUTOS                                                                                                                                      (Per person!

           HIRED AUTOS
                                                                                                                                                                BODILY INJURY
A     X    NON•OWNED AUTOS                 MP ·3520 77 90                     10/01/00                         10/01/01                                         (Par accident)


                                                                                                                                                                PROPERTY DAMAGE
                                           (EXCESS ONLY)
      GARAGE LIABILITY                                                                                                                                          AUTO ONLY • EA ACCIDENT
           ANY AUTO                                                                                                                                             OTHER THAN AUTO ONLY:
                                                                                                                                                                                               '
                                                                                                                                                                           EACH ACCIDENT
                                                                                                                                                                                              '
      EXCESS LIABILITY                                                                                                                                          EACH OCCURRENCE
                                                                                                                                                                                 AGGREGATE
                                                                                                                                                                                              '$40,000,000
A     X    UMBRELLA FORM                   7972 2954                           3/01/00                             3/01/01                                     AGGREGATE                      $40,000,000
           OTHER THAN UMBRELLA FORM

      WORKERS COMPENSATION AND
      EMPLOYERS' LIABILITY
B                                          WP 80822519                         1/01/00                             1/01/01                                     El EACH ACCIDENT                          1,000,000
      THE PROPRIETOR/
      PARTNERS/EXECUTIVE
                                    INCL   ALTERNATE EMPLOYERS B                                                                                               El DISEASE· POLICY LIMIT                  1,000,000
      OFFICERS ARE:                 EXCL                                                                                                                       EL DISEASE· EA EMPLOYEE                   1,000,000
      OTHER

A     Comm' 1 Blkt Bond                    MP 3520 77 90                     10/01/00                         10/01/01                                           $5,000,000
C     Excess Liability                     XLA4200176                         3/01/00                          3/01/01                                           $10,000,000

DESCRIPTION OF OPERATJONS/LOCATIONSIVEHICLES/SPECIAL ITEMS




                                                                                 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
     City of Muskegon                                                            EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
     Attn: Tim Paul                                                              .lQ_               DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
     933 Terrace Street                                                          BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
     Muskegon, MI 49433                                                                                                                                                                          REPRESENTATIVES •
                                                                                                                                                                                                 .. 500010015
                                                                                           RECEIVED

                                                0.
                                             MANPOVVER'
                                                                                               JAN 1 7 2001

                                                                                          CIVIL SERVICE OFFICE

                                                                                   d ooo -11-sr-Cci )
January 2, 2001



Lee Slaughter
Assistant City Manager
933 Terrace Street
Muskegon, Michigan 49440

Dear Lee:

This is to confirm the agreement between the City of Muskegon and Manpower International
Inc. Both .parties have agreed to extend for one year (2001) the business relationship outlined in
Manpower's bid to the City certified December 2, 1997 with the modifications addressed in the
letter to the City ofMuskegon dated November 17, 2000. Copies of these documents are
attached.

As representatives of our respective organizations, the signatures below confirm this one-year
extension.



MANPOWER INTERNATIONAL INC.                                           CITY OF MUSKEGON




                                                                              Mayor
                                                                      title


                                                                      _lLak
                                                                      signature
                                                                                .
                                                                              City Clerk
                                                                      title




             20 W. Muskegon Avenue • Muskegon, Ml 49440·1317 • (231) 722-6961 • Fax (231) 728-1 477
                                                       QUOTATION SUMMARY
 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
The City of Muskegon, Michigan, is seeking bids to cover the cost of temporary employment services on
an "as needed" basis from January 1, 1998, through December 31, 2000 for the following specific job
classifications. (Job descriptions are included for your perusal).

                         CLASSIFICA Tl ON                                             HOURLY RATE

             1. Administrative Secretary                                                  $9.35
            2. Account Clerk I                                                            $8. 76

            3. Janitorial/Maintenance Worker                                              $9.39
Bids are also sought to cover the cost of classifications not listed above. Bids should be expressed as a
percentage of the City's current entry level hourly rate for the classifications.                     ·

                                           Percentage of current entry level hourly rate:

                         A.          Where the City of Muskegon
                                     identifies an available employee
                                     to the vendor for employment in
                                     the classification                                               129.5%

                        B.           Where the vendor provides an
                                     employee through its own
                                     resources to fill the classification.                           135.9%


                                                  QUOTATION CERTIFICATION

I certify that this quote is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a quotation for the same materials, supplies, equipment, or service,
that it meets or exceeds all the specifications contained herein, and is in all respects fair and without
collusion or fraud. I understand collusive quoting is a violation of State and Federal law, and can result in
fines, prison sentences, and civil damage awards. I agree to abide by al conditions of this quotation and
certify that I am authorized to sign for the vendor.

VENDOR NAME _..,;Mc:a=-n=p.::o.:cw.::e.::r---=Tc:ec:m:.cp:.:o:.:r:.;a=.rc..y,_=-S.::e.c.r..cv.=i.::cc:eccs'---_ _ _ _ _ _ _ _ _ _ __

VENDORADDRESS                     820 Terrace Street,                       Muskegon, MI                 49440


SIGNATURE              ~ ~~)
SIGNER'S NAME PRINTED _..cA"'n"'n"'e-"'t-"'t"'e_W,,_,_
                                                    . ...,J..,a,.,c,,,..k,___ _ _ _ _ _ _ _ _ _ __

DA TE CERTIFIED -----'l'-"2"-=-2.,_._I..,99,._7'----------------




(bidspecs l l 97)20hs                                                                                                       RECEIVED
                                                                                                                                   JAN 1 7 2001

                                                                                                                           CIVIL SERVICE OFFICE
                                                                                RECEIVED
                                                                                    JAN 1 7 2001
                                                                               CIVIL SERVICE OFFJce
                                         MANPOWER~
                                           TEMPORARY SERVICES




               EQUAL EMPLOYMENT OPPORTUNITY POLICY




       It is the policy of J.D.M. & ASSOCIATES, INC. d/b/a Manpower Temporary

Services to recruit, hire, train, promote, transfer, pay and take all other employment actions

without regard to an employee's race, color, national origin, ancestry, sex, religion, age,

height, weight, marital status, physical or mental handicap and veteran status, as required by

law.



       This policy has been created not only to comply with existing laws and regulations, but

as an expression of our own personal intentions and feelings. J.D.M. & ASSOCIATES, INC.

will continue to respect, support and implement• this policy on the highest priority basis.



                                             J.D.M, & ASSOCIATES, INC.
                                             d/b/a Manpower Temporary Services




                                             Title:     District Manager
                                                                                                                                                       ----- -----
      ACORD.. CERTIFICATE OF LIABILITY INSURANCE                                                                                                                                  -.;;;;M~c,;:,v,.
 PROOUCER                                                                                            I    THIS CERTIFICATE IS ISSUED AS A-MATTER'dFli1lo"R~~i1~Z
              AC'·' F TSf· SE;;' 'I,-Ec·                             IN•-· 1 OF WI                        ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
                              · "-      ·         · ·v     -    -·        ·-                              HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
              TV::, PLAZA EAST -              SUITE 'fS•                                                  ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
               ,;"·•J E' ~::J'LBOURN AVE                                                                              _COM~ANIES AFFORDING COVERAGE
              f''l:i. L..Wi.:.;Ul-::       coMMERciAL GENERAL LIABILITY                  MP     :::s~R~c-    77 9c.~        1{}/•:l',/97            i•/01/98          PAODUCTS·COMP'OPAGG               S       *1 (1t}G-1
                                                                                                                                                                                                J
                            CLAIMS MADE     }-(     OCCUR                                                                                    PERSONAL & ADV lNJ;JFlY
                                                                                                                                                                                       *j_ ·' 0-;}{i-}
                  OWNERS & CONTRACTOR'S PROT                                                                                                 EACH OCCURRENCE                  s        :,/.· ~- ; {}(;(:• I
                                                                                                                                             FIRE DAMAGE {Any o~-a   f,1e·    S
                                                                                                                                                                                                    N/A
                                                                                                                                             MED EXP (Any one pe•s:.~         S                     N/A
      AUTOMOBILE LIABILITY
                                                                                                                                             COMBINED SINGLE UMIT             s
                  ANY AUTO

                  ALL OWNE:> AUTOS                                                                                                           BODILY INJURY
                                                                                                                                             (Per person)                     s
                  sc:--i::CULE.:> AUTOS

                  HIRED Ai..;TCS                                                                                                             BOOIL Y INJURY
                                                                                                                                             (Per acc1oeri:1                  s
                  NON-OW1>.;ESI AUTOS                                               77 9(,         i(:•/0:i. /9""}"

                                                                                                                                             PROPERTY OAMAG!::                s

      GARAGE LIABILITY                                                                                                                       AUTO ONLY · EA ACCIDENT          S
                  ANY AUTO                                                                                                                   OTHER THAN AUTO ONLY:

                                                                                                                                                        EACH ACCIDENT         S
                                                                                                                                                           AGGREGATE          S
       EXCESS LIABILITY                                                                                                                      EACH OCCURRENCE                  s     *3{, ,I<){)•)
 8                UMBRELLA FORM                                                                     3/(}1/97                3/(~j./98        AGGREGATE                        s     *30100• ..
                  O:'HEA THAN UMBRELLA FOAM                                                                                                                                   s
                                                                                                                      -· ·- ·----. ·--·--··· ---·-wc"STATU·          OH·
      WORKERS COMPENSATION AND                                                                                                                   TORY LIMiTS          E.c:;
      EMPLOYERS. LIABILITY
                                                                WP8C•7:,::778'2·                    1 /(:-1 /97             1/{}i/98         EL EACH ACCIOEN'7                        *j        •·•{>   ..
      THE PAOP91ETQR;
      PARTNERS-EXECUTIVE
                                                         INCL                                                                                EL DISEASE. POUCY LIM:T          '
                                                                                                                                                                              S
                                                                                                                                                                                            J

                                                                                                                                                                                      *ii•G-•J
---=-==:..cc:.:;______ _ c = = - - - - - - - - - - - - - - - - - - - - - - - - - · - - - ·
      OFFICERS ARE.                                      EXCL                                                                                EL DISEASE· EA EMP:.OYEE
                                                                                                                                                ~       -- -· ...             S       *i ., 0-8-.:)     1
      OTHER

 C    !="~~:-!='c.c:                 LIAE: I!_IT·y· >C·(!< 7t.~:24 771 S·                           3/01/97                 3/01/98 *51000,0CC/51000AGG
 A :~:Di•.-:r.-;; L BL.~::T GtJ!·.C) MP 3S:20 77::;.·tJ j_Q/01/97 10/01/98 *S,000,
 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -----------'*"-;=L'-'I'-'r-'-'·,:c.I.c'Yec·s-,,_-,.....:ecI~LJ- !.. 9"<})· 1 _s . .
 DESCRIPTION OF OPEAATIONS/LOCATIONSNEHlCLES/SPECIAL ITEMS




i CERTIFICATE HOLDER                                                                                 CANCELLATION
                                                                                                          SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

                       CITY OF MUSKEGON                                                                   EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL

                       933 TERRACE ST.                                                                    -3..C:...   DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.

                       PO BOX 536
                       MUSKEGON, MI 49443
                                                                                                                                              {.,"~::K--d'~--                 SC··)·0:1 (>Oj !::"
                                                                                                                                                        t1. ACOR:> CORPG?..L 71Ct: 195~
     Nov 17 00 04:06p                         Truman Forest                                616-724-4405          p. 1

,\(firmalht" \cliun
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F.\\:i2c,..:-617

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i:.,xn2+.-u11!-                                             West Mkhlgan's Sbordloe City
C'krl.
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F \X/72-1--11 '1/i

            'fri:th.
( ,,nuu. ,,:,
     ~t>nicc"              November 17, 2000
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FA.\:/727-fotJn,1
                           Manpower
FiU:IUl.'l'                Ms. Annette Jack,
23\.1724-(,71J
l--,-:,;..m-1-67(,S        District Manager
                           820 Terrace Street
Hn:lh-1,1.
2Jtf7:!..,l.(,7C"JII,
Hli?H-C,7~11
F.\X/7:?:?-:'il-411
                           For he Civil Service Commissioners
l'ulllic \\·nrk.~
!Ji/72.l~IUO
F.\Xnl1~1118

Trc.isurcr
                            erman Harris,
?Jlli?4•67211              Director, Civil Service/ Personnel
l-".-\X/7U-<17MI

\\ ;m•r Billing l.'lc1u,
2Jln14-671/i
F.-\.\11?4-<,iM

\\ ,iln Filu·•tion
?Jl/?2+-4106
l',\:',;/'7!'-5-52'>0


                                   City of Muskegon, 933 Terrace Street, P.O. Box S36, Muskegon, MI 49443-0536
                                             0
                                          MANPOWER

November 17, 2000

Herman Harris
City of Muskegon
9 33 Terrace Street
Muskegon, Michigan 49440

Dear Herman:

Manpower International Inc. appreciates the long-term business relationship with the City
of Muskegon. We welcome the opportunity to extend the contract for temporary
employment services to the City of Muskegon for the year 2001.

This letter is to confirm that we are willing to honor the agreements within the current
contract with one change. This change is the bill rate for two office positions listed in the
current contract--Administrative Secretary and Account Clerk I. The pay rates for office
temporary employees in Muskegon County have risen 9. 8% since January 1998 when the
current contract began. In order to maintain the quality of employees for the City by
offering competitive wages, Manpower will need to increase the hourly rates for the two
office positions in the contract by 3%. This will take the hourly bill rate for the
Administrative Secretary from $9.35 to $9.63. The hourly bill rate for the Account Clerk
will need to increase from $8. 76 to $9.02.

Our bill rates include all deductions required by State and Federal legislation including
employer's contributions for FICA taxes, Unemployment and Workers' Compensation,
liability and fidelity bonding, as well as all other deductions and benefits paid to our
temporary employees. Additionally, all administrative charges are covered, including
preparation ofW-2 forms at the end of the year.

Benefits available for Manpower International Inc. employees include medical insurance
(eligibility after 30 calendar days), dental insurance, vision insurance, 401k (with a 25%
company match), vacation pay, holiday pay, referral bonuses, free training programs, and
more.

Manpower is happy to continue the hourly mark-up rates in the current contract which
were applied to the seasonal workforce. In 2000, Manpower was asked to provide the
seasonal workforce, which we agreed to do under the rates of the existing contract.
Several additional costs are required for these employees--safety glasses, hard hats,
leather gloves, rain ponchos, ear plugs, and t-shirts. We were also asked to implement a
drug screen on each employee and a motor vehicle background check on many. None of
these costs or requirements is included in the contract. Manpower is happy to comply




          20 W. Muskegon Avenue• Muskegon, Ml 49440-1317 • (231) 722-6961 • Fax (231) 728-1477
with these requests. However, because of the already narrow profit margins with this
account, we find it necessary to bill the City for, at least, the negative drug tests in 2001.
Our cost for the drug testing is $21 per person, which in 2000 would have totaled
approximately $1,800.

We invite any questions you may have, and I am always available to meet to discuss
these issues in person.

Again, thank you for the opportunity to extend our services to the City of Muskegon.

Sincerely,


~~~
Annette W. Jack
District Manager
                       City of Muskegon
                              JOB DESCRIPTION


TITLE:   CUSTODIAN


General Summary:

Under the supervision of a higher classified employee, performs a variety
of general custodial activities in accordance with established routines
and procedures or under specific direction on unusual jobs and problems
in public buildings. Activities involve general cleaning, sweeping and
mopping floors, washing windows and dusting furniture and other surface
areas at an assigned facility.  May assist the visiting public in a cour-
teous manner providing direction and answering routine questions.


Typical Duties:

Employees in this classifi~ation perform several of the following duties:

 1.   Dust mops and wet mops floors and stairways and operates vacuum to
      clean carpet areas. Spot cleans carpeted areas where necessary.

 2.   Periodically scrubs floors, strips off old wax, applies fresh wax
      and operates power buffer to polish floors.
 3.   Dusts, waxes or polishes furniture, empties ashtrays and wastepaper
      baskets, and cleans mirrors, glass windows and doors, replaces ligh_t_ __
      bulbs and florescent fixtures. Takes wastepaper to disposal area.;

 4.   Cleans and sanitizes drinking fountains and restrooms, replenishing
      supplies and filling dispensers as needed.

 5.   May maintain security. Secures windows and building entrances after
      cleaning or on a regular schedule.

 6.   Sweeps entrances and walkways, and picks up litter and debris.

 7.   Removes snow from pathways, sidewalks and parking lots, spreading
      salt on slippery spots where necessary.

 8.   Maintains inventory of cleaning supplies, informing supervision when
      supplies run low for re-ordering.
 9.   Reports unusual events and conditions, potential hazards and items
      in need of repair to supervisor.

10.   Provides building directions to the general public.

11.   Performs other duties as assigned.

The above statements are intended to describe the general nature and level
of work being performed by people assigned this classification. They are
not to be construed as an exhaustive list of all job duties performed by
      CtlSTODIAN - Page HZ

      Employment Qualifications:

           Education: Work requires a level of knowledge of reading, writing
           and arithmetic below that normally attained in high school graduation.
           Experience: This is an entry level classification; no specific prior
           experience is required. Three months break-in period.

     The qualifications listed above are guidelines. Other combinations of
     education and experience which could provide the necessary knowledges,
     skills and abilities to perform the job should be considered,




,,




,
     Adooted:   12/06/82
                                                City of Muskegon

                                             Administrative Secretary


     General Summary:
     Under the supervisior, of a Department Direcior or othe~ Adminisirator, performs a variety of
     secretarial and clerical duties in support of the department's operations. Maintains
     confi::lentialiiy of sensitive or personal informaiion.

     Essential Job Functions;
     An employee in this position may be called upon to do any or all of the following essential functions. These
     examples do not include all of the duties which the employee may be expected to perform. To perform this job
     successfully, an individual must be able to perform each essential function satisfactorily.

     1.       Prepares and processes correspondence, records, documents, reports, statements,
              billings and permits. Updates reierences and manuals. Types, files and periorrns data
              entry.

     2.       Receives, screens and directs phone calls, visitors and correspondence to appropriate
              personnel. Provides general information regarding department operations and policies.

     3.       Maintains department personnel files. Updates employee changes, records leave
              accruals and compiles personnel information including seniority and eligibility lists.
              Compiles payroll information and verifies time sheets, as assigned.

     4.       Serves as liaison between the Department Director and other employees and/or the
              public. Follows up on complaints, correspondence and transactions involving deadlines
              and expiration dates.

     5.       Processes purchase orders. Verifies accuracy of information, ensures proper
              completion and submission of forms.

     6.       Orders supplies as needed.

     7.       Prepares meeting agendas. Compiles and distributes agenda materials. Records and
              transcribes meeting minutes, as necessary.

     8.       Schedules appointments and makes travel arrangements for Department Director and
~
              other Administrators.
;.
     9.       Coordinates the work of subordinate clerical support staff.

     10.      Performs related work as required.

     Required Knowledge, Skills. Abilities and Minimum Qualifications:
     The requirements listed below are representative of the knowledge, skills. abilities and minimum qualifications
     necessary to perform the essential functions of the position. Reasonable accommodations may be made to enable
     individuals with disabilities to perform the job.

     •        Considerable knowledge of office operations, business communications and record
              keeping.
Administrative Secretary, continued


•       Knowledge of and experience using a variety of computer applications including word
        processing, spreadsheets and database software.

•       Skill in organizing, maintaining and updating records and documents.

•       Ability to establish effective working relationships and use good judgement, initiative and
        resourceiulness when dealing with employees, Ciiy offic:als, department directors,
        vendors and the public.

•       Ability to communicate effectively and present ideas orally and in writing.

•       Ability to maintain confidentiality of sensitive and personal infonnation.

•       Ability to maintain attention to detail and work effectively under stress and changes in
        work priorities.

•       Education requirements include an associate's degree in office administration, record
        keeping or related field, or equivalent. Experience requirements include two years of
        clerical, record keeping or related work.


Physical Demands and Work Environment:
The physical demands and work environment characteristics described here are representative of those an
employee encounters while performing the essential functions of the job. Reasonable a=mmodations may be
made to enable individuals with disabilities to perform the essential functions.

While perfonning the duties of this job, the employee regularly is required to sit, talk or hear and
use hands to finger, handle or feel. The employee frequently is required to reach with hands
and anns. The employee occasionally is required to stoop, kneel or crouch. The employee
frequently must lift and/or move light weight items. Specific vision abilities required by this job
include close vision and may include color vision.

The noise level in the work environment is usually quiet.




March 1997 (ADMIN.SCY)
    -.. -.r .
    r-   ~'
                                               City of Muskegon
                                                  JOB DESCRIPTION
(
              TITLE:     ACCOUNT CI F3K I


              Gene::-al S11=a       ::z:
              Under the =pe::-visio:c. of a hig.b.er level employee, prepares sta:te:ients of
              payments for -water and sewe: service, receives requests tor s~~;lces,
              provides i.nfor.natio:c. on ac==-: status and resol.ves complaints a..nd prob-
              lems.    Or, per:!or::is a varie.:y ct acco=.: keeping tasks tor a depa..-tment
              i.nvolving collec.:io:c. of tees, posting o! transac.:ions and recordiJlg of
              depa..-tnen'tal costs and payroll.


              Tv"oical Duties:

              1.   In the Water and Sewer Billillg Office,

                   a.    Processes applications tor the establis.!::ment of new water and
                         sewer service acco=ts.•

                   b.    Updates water a.nd sewer acco=ts to reflect changes in =st=er
                         n=e or meter number.

(                  c.    Enters acco=t number and meter :readi.:lgs :from meter books.

                   d.    Calcclates pay-cents for water and sewer usage, and adds :fees
                         a.nd penalties to =paid acco=ts.
                   e.    As necessa..-y, locates billing discrepancies and prepares acco=t
                         adjus.:me:c.ts.   •
                   :f.   Records and relays .to water and sewer =ew requests to re::-ead
                         meters, install remote readers, _repair lea.ks and tu..--n service
                         on a:i.d oft. Prepares work orders.

                   g.    Receives coC1plaints and requests for information :from irate. or
                         dis=bed cus-:cme::-s. Checks billillg his-:ory and service records.
                         Explains departmental practices and clarifies billillgs..

                   h.    Operates a computer te=inal to maintain or update water consump-
                         tion records, customer i.n:formation and payments received.

                   i.    Receives and verliies billings prior to mailing, makes correc-
                         'tio:c.s and last-minu'te changes as necessa.."'7, and mails: bills to
                         cus~ome.::-s.

              2.   In a. depa...--t::ie:c.tal ad::!inis-:rative of:!ice, perfonning an acco=t keep-
                   :ui,g f=c-::io:c.,
                   a..   Participates i=I. the collection o! monies due the City :!or t=es,
                         se::-vices, tees and other accoU!lts receivable, both over-the-
                         cc=~e::- a::d by :::.ail. !s=es receipts and posts t::-a.nsactions to
                         ac c.ct.:..1:.-::s.
      ,,   '
      •
               ACCOUNT CT,PK I - Page 12


                    b.   Provides assistance, both over-the-eo=ter and by telephone, to
                         persons conce::"!led ~ou-:: t=es, billings, paymeJlts, and depa..-t:men-
  (                      tal procedures. ·Provides 1.n:formatio11 or reters ~ler to a high-
                         er level e!llployee.

                    c.   Receives cash payments and makes change, as necessa..ry.

                    d.   Assists in balancing daily ca.sh receipts to bills pa.id. Assists
                         ir. preparing da.ily ca.sh receipt sb.eet, ba.nk deposi-:: a::ld cash
                         drawer tor the tollo~-llg day.
                                     ,
                    e.   Posts da.ily receipts; va=ants, and various jou..-nal         ell tries   to
                         the ledger.

                    t.   Compiles and calculates data for various periodic financial
                         reports and a.cco=t records.

                    6•   :Enters various depa.."""t:lle:ntal operati.::.g co·sts on bookkeeping
                         mac.!:J.i.ne, such as vehicle and equipment cos-.:s, p=chases, ware-
                         house orders and gasoline.            · ·

                    h.   Ma:..n-::ai.ns s;iecial a.ssessme::i:t records, prepares and _mails state-.
                         men-::s, computes interest and posts i.D.teresi: and principal paymen-::.s
                         to acco=ts.
                    i.   Compiles i.D..:fo=ati~n tor biweekly depa....-tmental payroll, verities
                         time cards and prepares time sheets tor. submission to _the City
..(                      pa.:;-=oll o:!fice.

                    j.   Types and processes records, stat=ents, pe=its and correspon-
                         dence as required.
                   k.    May operate a no-way radio or serve as relief opera.tor at. a
                         s..itc.!:J.boa.rd. ~


               The-·above s--::at=ents a.re :iii.tended to des=ibe the general nature _and level
               o:t work being perto=ed by people assigned tb..is · cla.ssitication. · -They are
               not to be construed as an e:t.b.austive list of all job duties perto=ed_by
               l)erso=el so classiiied.                                ....... .


               :E=loyoent Qualifications:
                   :Education: Possession o! a high school diploma_or,,;the ..eqo.ivalent_,_._ :_
                   'With some courses in bookkeeping and tn:iir.g. ·----- __ _

                   :E=erie!lce: A m.ill.imum of one year of clerical e:r;:,erience i.nvol-,;:i.ng, :· ·
                   acco=-:: keepi.ng activities, or the eqo.ivalent. ·:si.:i: month break-in
                   period.


--
(_
               The qualiticat::.ons listed above a:e guidelines ... Other .combilla.tion.s of
               education a.::d er,:,erience which could provide the necessary Jcowledges,
               skills a.id abilities to perfo= the job should be considered
                                      CITY OF MUSKEGON
                                   TEMPORARY SERVICES BIDS
                                    QUOTATION CONDITIONS

I.    Vender must quote on this form and as requested.

2.    Vender must return the entire Quotation Request intact. Vender should make a copy of the
      Quotation Request for his/her file.

3.    All costs must be included in the hourly rates quoted on the Quotation Surnrnary page.

4.    The quotation will be in force effective January 1, 1998, through December 31, 2000.

5.    If there are any questions regarding anything appearing in this Quotation Request, please contact
      Truman Forest, Acting Personnel/Civil Service Director at (616) 724-6716.

6.    The City reserves the right to accept or reject any or all quotations, reserves all rights granted' to it
      by law, reserves the right to waive formalities, and to take such action as it deems necessary in the
      best interest of the City of Muskegon.

7.    The City operates on an equal opportunity/affirmative action basis in its quoting policy (Title VII
      of Civil Rights Act of 1964, Equal Opportunity clause, Executive Order 11246, Chapter 60,
      Subpart A, 60-1.4, Revised Order No. 4). Quoting is open to all interested parties, in compliance
      with national, state, and local Jaws.

8.    Quotations must be sealed and marked "Temporary Employment Services Quotation: in the lower
      right hand comer of the envelope.

9.    The vendor's name and address must appear on the outside of the envelope.

10.   Quotations will be opened in the Muskegon City Clerk's office, 933 Terrace Street, Muskegon, MI
      49443, at 2:00 p.m., prevailing time, Tuesday, December 2, 1997.

11.   No late quotations will be accepted.

12.   A Purchase Order will be issued to the successful vendor after approval by the City Commission.

13.   Vendors submitting quotations will be notified of the quotation results.

14.   Vendors must submit monthly invoices for services rendered. Such invoices should include a
      year-to-date report of hours assigned and amount billed to the City.

15.   Vendor must enclose a Certificate of Insurance with this quotation showing proof of Worker's
      Compensation insurance and general liability insurance which names the City of Muskegon as
      additional in.sured in an amount not Jess than $500,000.

16.   Vendor must provide evidence of compliance with EEOC quidelines by submission of appropriate
      testing and selection criteria, including, if appropriate, a copy of the vendor's Affirmative Action
      Policy.
Date:     December 5, 2000
To:       Honorable ~~~ and City Commissioners
from:     Ric Scott
                  1
                        ~c;IU#- ·
RE:       Arena Management Contract


SUMMARY OF REQUEST:
Authorize staff to negotiate a final contract with Arena
Management Group


FINANCIAL IMPACT:
$667,000 in the first year


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
:-\.Hirma l iYc .\l'lio11
23 I172-1-6703
F. \.\/722- I 2 1-1

:-\.!'-Sl'SSO I"
2J 1/72-1-(, 7118
F.-\.\/7 26-5 18 1

( \·HH'll'ry
23 I /7 2-1-(, 783
F. \.\/72<,-56 I 7

Ci,·il Su,·icl'
23 I/72-1-(, 7 I<,
F.\.\/71-1--1-105                                              Wffit Michigan's Shorelhte City

Cl l'ri<
23 1/7 2-1-67115
FA.\/72-1--1 I 78
                               Date:        December 5, 2000
                               To:          Honorable       ~Y~       ~d City Commissioners
2.1 1/7 2-1-<,7 17
F.-\.\ /7 2/,-25111
                               From:        Ric Scott        ff~
E 11g_i1 ll'crin 1!
23 1/72-1-6707                 Re:          Arena Management Contract
F.-\.\/727-(,911-1
                               On Tuesday, November 7, 2000 , one proposal was received
Fina11\' l'
23 1/72-1-67 13
                               for the arena management contract . Proposals were
F.-\.\ /72-1-6768              advertised locally and sent to several management
Fir<' D,•pt.                   companies including the two biggest in the country. The
231/7 2-1-(, 792               one proposal was from the current managers , Arena
F.-\.\/72-1-6985
                               Management Group.
lncuml' Ta:\
2J 1/7 2-1-6770                Their first year' s proposal is for no increase in the
 F.-\.\ /72-1-<, 768
                               current fee paid. They would have a 3% increase to
 Info. Sysll'ms                $687 , 000 in the second and third years. They propose
23 1/72-1-67-1-1
F.1.\/7l2--13UI                another 3% increase in the last two years to $707 , 000 .
 Ll'i:,.un • Servin•           They will also promote four events , and make several
231/7 2-1-6711-1
FA.\/72-1-11 %
                               suggestions as to increasing revenues.
.\ lanag,· r's Otfin·          Attached also is a copy of a projected budget for the
 231/7 2-1-672-1
 F -\.\/722- I 2 1-1
                               arena if the City were to manage it with City Staff.
                               These nwobers are based on current usage and a lot of
 \ layor':,. Oflin~
 23 1/7 2-1-(,7111             guesses. I believe that we might need to pay people
 F. \.\1722- I 2 1-1           more than what is projected especially for a really
 ~l'ig_ll. 1.."-: Const.       qualified arena manager.
    s,..n ·in•,
 H 1/72-1-67 I 5               In reviewing the budgets, and looking at previous
 F.1.\/72/,-25111
                               budgets, (the last time we operated the arena was in
 l'l:lllllillj!l l.011it11,!   1975) it became obvious to me that the expenses are not
 2.1 1/72-1-67112
 FA.\/72-1-h79ll               the problem, the income is. I am not convinced that any
                               staff we hire is going to be able to cut the deficit
 1-'olil'l' Dr pt.
 231/72-1-6 75IJ               until something changes in the concert market .
 F.\.\/722-51-111
                               Consequently, I am recommending that you authorize staff
 Puhlit.: \\ ork~
 231/72-1--111111              to negotiate a final contract with Arena Management
 F 1.\/722--1 I 88             Group.
 ·1·rl';1~urrr
 23 1/72-1-67211
                               Thank you for your consideration.
 FA.\/72-l-h768

 II :iler Hillin~ De pt.
 2J I172-1-67 I 8
 F,\.\/72-1-6 768

 \\ ;11(' 1' Fillratiun

 231/7 2-1--1 1116
 F.-\.\/7,5-52911

                                       City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                     WALKER ARENA BUDGET

PERSONEL                                      SALARY          FRINGES TOTAL
       FULL-TIME
                     ARENA MANAGER             $    50,000         1.4 $      70,000

                     SECRETARY                 $    20,000         1.4 $      28,000

                     OPERATIONS MANAGER        $    40,000         1.4 $      56,000

                     BOX OFFICE MANAGER        $    22,000         1.4 $      30,800

                     ASST BOX OFFICE           $    15,000         1.4 $      21,000

                     MAINTENANCE (4)           $    85,000         1.4 $    119,000

                     LS DIRECTOR               $     8,200         1.4 $      11,480

                     TOTAL                     $   240,200              $   336,280                $336,280




        PART-TIME
                                       NUMBER HRLY RATE       HOURS     FRINGES        TOTAL

                     MAINTENANCE             2 $          8      1200             1.1 $ 21,120

                     MAINTENANCE             4 $          7       900             1.1 $ 27,720

                     LABORERS               14 $          7        60             1.1 $    6,468

                     PARKING LOT             6 $          7       400             1.1 $ 17,952

                     USHERS                 45 $        7         180             1.1 $ 62,370

                     BOX OFFICE              9 $        7         220             1.1 $ 15,246

                     TOTAL                                                             $150,876    $150,876

OPERATING SUPPLIES
                     TICKET STOCK                                                      $   8,000

                     POSTAGE                                                           $   3,000

                     MAINTENANCE SUPPLIES                                              $ 20,000

                     OFFICE SUPPLIES                                                   $   5,000

                     TOTAL                                                             $ 36,000    $ 36,000

CONTRACTUAL SERVICES
                   GARBAGE                                                             $   4,000

                     ELECTRIC                                                          $100,000

                     ADVERTIZING                                                       $   5,000
          EQUIP RENTAL                      $   5,000

          HEAT                              $ 50,000

          WATER                             $   2,500

          CLEANING                          $ 40,000

          SECURITY                          $ 45,000

          TELEPHONE                         $ 12,000

          INSURANCE                         $ 12,000

          EQUIPMENT REPAIRS                 $ 40,000

          TOTAL                             $315,500    $315,500

GRAND TOTAL                                             $838,656



MANAGEMENT CONTRACT

          FEE                 $   667,000
          UTILITIES           $   152,500
          SALARIES            $    11,480
          INSURANCE           $    12,000

          TOTAL               $   842,980
uec.1:. ;UUU 11: 11.A.M   MU~F·t\JVl°I rUK,                          rl O· I I Io   ~. I




   L.C. Walker Arena Event Daya


  l.UJ:                   Jlckettd            Noo-rtck1t1d   Jotaf
   1995                   57                  19             76
   1996*                  57                  7              64
   1997**                 53                  13             66
   1998                   52                  9              61

   1999                   68                  .14            82
  2000-**                 65                  20             85


  • - Phase one renovations

  •• - Phase two renovations

  ••• - Includes remaining scheduled events tor 2000
Date:     December 5, 2000
To:       Honorable ~.~~ and City Commissioners
From:     RicScott      ~#
RE:       Jalepeno's Lease Agreement


SUMMARY OF REQUEST:
To approve the attached lease agreement subject to
changes approved by the Manager and council for
Jalepeno's and authorize the mayor and clerk to sign the
agreement


FINANCIAL IMPACT:
Leasee shall pay the City $856/month increasing over
time.


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Aflirn1;1l in• Ac1io11
23 I/7H-670J
F.\:\/722-1214

. \s~l·s~ur
2J 1/724-(,708
F.\:\/726-, 181

C1.~11u•tcry
23 1/724-(,783
Fr\:\/7H,-:i(, 17

('iril Servin•
2J l/7H-67 I 6
F.\:\/724-HO,                                                West Michigan's Shm-ellne City

Clc-rl<
23 1/7H-6705
Fr\:\/72 4-4178
                           Date :        December 5, 2000
     Scn·ic1.·s
23 1/724-6 717
                           To:           Honorable       ~YY. ~n          City Commissioners
F.-\:\/72<,-2:iil l
                           From :        Ric Scott      ;tr~
E11:.,:im•l'rin l,!
23 11724-(, 70 7           Re:           Jalepeno's Lease Agreement
F.-1:\/727-69114
                           A prospective purchaser of Jalepeno's has contacted the
Fin;111n·
23 11724-67 13
                           City to negotiate a lease agreement . The attached lease
F ,\:\/724-(,768           agreement has been sent to them for their consideration .
Fin• Dt.•pl.               This is basically the same agreement the current owners
2J 1/7H-6792               have with the City with an increase in fees.
F,1:\/724-6985

l11 r11111c Ta\
                           Because the deal needs to be completed soon , we need to
23 1/724-(,770             have it on the agenda for Tuesday . However, we do
F.-\:\/724-(,768
                           expect that there will be some changes that will be
l11f11. S)!\lt.'IB!-       negotiated between now and Tuesday. We expect to have
23 1/72-l-67H
F. \.\/722-430 I           any changes to you by the Tuesday meeting .
Lt.·i~un· Scr\'ii.:t.'     Basically , it is a thirty- year deal with 4 additional
2J 1/72-1-(,704
F,\:\/72 • -l 1%
                           five- year options. The fees increase over time. The
                           restaurant must remain open every year between Memorial
.\Jana~c r's Office
23 1/724-(,72 •            Day and Labor Day or the lease is terminated.
F .\.\/722- 1214
                           I would ask that you approve the attached lease
,\ l:t) or'!- Offit.'t.•
2J I /7H-6 70 I
                           agreement subject to changes approved by the City
F.\.\/722- 12 14           Manager and Council and that you authorize the Mayor and
                           clerk to sign the agreement.
   St.'l'\'il'l':O.
2J 1/724-67 1S             Thank you for your consideration.
F.-\.\1726-250 1

Pl:111ninJ;!/ZoninJ,!
2J 1/724-(,7112
F,\:\/724-6790

Police Dl·pt.
23 1/72 4-67'0
F. \:\/722-51411

l'uhlk \\ orl{s
23 1/72 4- • I IHl
F.\.\/722- 41 88

-i·n·a~u rr r
2J 1/724-6720
FA.\/724-6768

\\'at,•r Billin)! Dept.
2J 1/72 4-67 18
F.\X/72• -67(,8

\\ atcr Fillralio11
2.l 1172•-• 1116
F.\.\175,-52911

                                    C ity of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
                                        GROUND LEASE

       THIS LEASE entered into this /       day of        !!lacc/2              ,
                                                                            2001, by and
between the CITY OF MUSKEGON, a municipal corporation, City Hall, 933 Terrace Street,
Muskegon, Michigan 49440, hereinafter referred to as "Lessor," and PAVILION PROPERTIES,
L.L.C., of 39 Campau Circle, N .W., Grand Rapids, MI 49503, hereinafter referred to as
"Lessee."

        1.      Description and Use of Premises. Lessor leases to Lessee and Lessee hires from
Lessor, for the purpose of conducting thereon a restaurant and bar business, or such business as
Lessor allows, and for no other purpose, those certain premises situate in the City of Muskegon,
Muskegon County, Michigan, and more particularly described in attached Exhibit A, made a part
hereof. As used herein, the term "premises" refers to the real prope1ty described in Exhibit A,
exclusive of the building and fixtures. The Lessee is required to fully operate the said restaurant
business on the premises continuously (daily, except for weather conditions not in the control of
Lessee) during the period from Memorial Day through Labor Day of each year of every term. In
addition to other events of default, failure to so operate for said periods shall be a material
default and shall result in immediate termination in the year of the said failure.

        2.       Term. The initial term of this lease shall be for thirty (30) years commencing on
January 1, 2001, and ending on December 31, 2030, provided that one hundred twenty (120)
days before the end of the first term or any optional term, the Lessee delivers to Lessor a written
notice of its intent to renew for any option term provided for in this lease. Option terms are
made available in accordance with this paragraph, beginning the first day after the initial term,
each option term to have a duration of five (5) years. A total of four (4) option terms may be
available, provided Lessee complies with the requirements and covenants of this lease, and gives
the notice required by this paragraph for each option term.

       3.      Rent. The rentals to be paid under this lease shall be as follows:

               (a)     During the first five (5) years of the initial term, th~ sum of $10,200 per
year, payable in equal monthly installments of $856 per month.

               (b)     During the second five (5) years of the initial term, the sum of $11,985 per
year, payable in equal monthly installments of $998.75 per month.

               (c)     During the third five (5) years of the initial term, the sum of $14,082 per
year, payable in equal monthly installments of $1,173.50 per month.

               (d)     During the fourth five (5) years of the initial term, the sum of $16,546 per
year, payable in equal monthly installments of $1,378.83 per month.

               (e)     During the fifth five (5) years of the initial term, the sum of $19,441 per
year, payable in equal monthly installments of $1 ,620.08 per month.

               (f)     During the sixth five (5) years of the initial term, the sum of $22,843 per
year, payable in equal monthly installments of $1,903 .58 per month.
                (g)    During each option term the rent shall be that amount renegotiated by the
parties. Agreement by Lessor to a rental amount shall be a condition of renewal and continuance
of this lease during each of the four (4) option terms.

        4.      Quiet Enjoyment. Lessor covenants that Lessor is seized of the demised premises
in fee simple and has full right to make this lease and that Lessee shall have quiet and peaceable
possession of the demised premises during the term hereof; provided, however, Lessee does
hereby specifically release Lessor of and from any claim of any kind or nature based upon the
erosion of the premises herein leased or damage to the building owned by Lessee or any of the
contents thereof caused by the blowing and drifting of sand or the erosion or damage of any
portion of the leased premises caused by the waters of Lake Michigan.

        5.      Uses Prohibited. Lessee shall not use or permit the demised premises or any part
thereof, to be used for any purpose or purposes other than the purpose or purposes for which the
demised premises are hereby leased. In addition thereto, Lessee shall not disturb, alter, add to or
in any way affect the leased premises by any construction or improvement thereon without first
obtaining the prior written consent of Lessor. In the event Lessee wishes to change the use of the
building, it shall not do so without the consent, after written notice concerning the details of said
change given by the City, which consent shall not be unreasonably withheld. The City may use
in making such determination any considerations deemed by it appropriate, including but not
limited to any master plans or actual uses applicable to the premises or to the surrounding area,
zoning, tax considerations, or matters concerning the public health, safety and welfare.

        6.       Encumbrance of Lessee's Leasehold Interest. Lessee may encumber by mortgage
or other proper instrument its leasehold interest and estate in the demised premises together with
all buildings and improvements owned by Lessee thereon or hereafter to be placed by Lessee
thereon, as security for any indebtedness of Lessee; provided, however, that the fee simple
interest of Lessor shall be unaffected and unencumbered by any such security, instrument, or
mortgage. The execution of any such mortgage, or other instrument, or the foreclosure thereof,
or any sale thereunder, either by judicial proceedings or by virtue of any power reserved in such
mortgage or conveyance by Lessee as a holder of such indebtedness, or the exercising of any
right, power, or privilege reserved in any mortgage or other instrument shall not be held as a
violation of any of the terms or conditions hereof, or as an assumption by the holder of such
indebtedness personally of the obligations hereof. No such encumbrance, foreclosure,
conveyance, or exercise of right shall relieve Lessee from its liability hereunder. Lessor's
interest in the land may not be subordinated or encumbered in any way.

                If Lessee shall encumber its leasehold interest and estate in the demised premises,
and if Lessee or the holder of the indebtedness secured by such encumbrance shall give notice to
Lessor of the existence thereof and the address of such holder, then Lessor will mail or deliver to
such holder, at such address, a duplicate copy of all notices and writings which Lessor may from
time to time give or serve on Lessee under and pursuant to the terms and provisions hereof; such
copies shall be made or delivered to such holder, at or near as possible to, the same time such
notices are given to or served on Lessee. Such holder may, at its option, at any time before the
rights of Lessee shall be terminated as provided herein, pay any of the rents due hereunder, or
pay any taxes and assessments, or do any other act or thing required of Lessee by the terms
hereof, or do any act or thing that may be necessary and proper to be done in the observance of
the covenants and conditions hereof, or to prevent the termination hereof; all payments so made

G:ICOMMON\5\GTJlc-grdlea.doc                      2
and all things so done and performed by such holder shall be as effective to prevent a foreclosure
of the rights of Lessee thereunder as the same would have been if done and performed by Lessee.

       7.      Subletting and Assignment. Lessee shall not sublet all or any part of the leased
premises nor assign all or any part of this lease except as otherwise provided in this lease without
obtaining the prior written consent of Lessor, which consent shall not be unreasonably withheld.

         8.     Taxes and Assessments. Lessee shall pay and discharge as they become due,
promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal
liens, levies, water and sewer charges which may be levied, assessed, charged or imposed or
which would, in the event of private ownership, become a lien or charge on or against the land
hereby demised, or any part thereof, the leasehold of Lessee herein, the premises described
herein, any building or buildings or any other improvements now or hereafter thereon, or on or
against Lessee's estate hereby created which may be a subject of taxation, or on or against Lessor
by reason of its ownership of the fee underlying this lease, during the entire term hereof. Lessee
shall further pay and discharge all taxes as they may become due against Lessee by virtue of its
leasing land owned by a municipality in accordance with the laws of the State of Michigan.

        9.       Special Assessment. Specifically and without in any way limiting the generality
of paragraph 8, above, Lessee shall pay all special assessments and levies or charges made by
any municipal or political subdivision for public improvements and shall pay the same in cash as
they shall fall due and before they shall become delinquent and as required by the act and
proceedings under which any such assessments or levies or charges are made by any municipal
or political subdivision.

         IO.    Building Improvements. Concurrently with the execution of this lease Lessee
shall, at Lessee's sole expense obtain a building permit from the Lessor, attaching thereto plans
and specifications for improvements to the building and other appurtenances heretofore
purchased from Lessor by Lessee. Such building permit and plans and specifications shall be
submitted to Lessor for Lessor's written approval and shall comply with all of Lessor's building,
construction and fire codes. Upon issuance of the building permit, Lessee_ shall forthwith
construct and install such improvements in accordance with the building permit, plans and
specifications.

        11.    Parking. In addition to the demised premises, Lessor does hereby lease to Lessee,
during the term of this lease, the "parking lot" located across the public roadway from the
demised premises; provided, however, that Lessee shall obtain, assume and pay the entire cost of
repair, maintenance, and sand and snow removal of said parking lot throughout each term of this
lease.

        12.    Utilities. Lessee shall fully and promptly pay for all water, gas, heat, light, power,
telephone service and other public utilities of every kind furnished to the premises throughout the
term hereof, and all other costs and expenses of any kind whatsoever of or in connection with the
use, operation and maintenance of the premises and all activities conducted thereon, and Lessor
shall have no responsibility of any kind for any thereof.




G:\COMMON\5\GTJ\c-grdlea.doc                     3
        13.      Indemnification of Lessor.

               (a)     Lessor shall not be liable to Lessee or to any other person in or about the
premises for any loss, damage or injury sustained by them.

               (b)      Lessee covenants and agrees to pay all claims, costs and expenses and
assume all liabilities of any kind or nature arising out of or in any way connected with the
construction of the improvements and covenants and agrees that it will indemnify and hold
harmless Lessor from all claims, costs and expenses (including attorneys' fees) alleged to have
occurred to persons or property arising from such construction.

                (c)     Lessee agrees to indemnify and save harmless Lessor against and from
any and all claims, costs and expenses (including attorneys' fees) by or on behalf of any person
or persons, firm or firms, corporation or corporations, arising from the conduct or management
of the business conducted on the premises (which for purposes of this paragraph 13 shall include
the parking lot), or from the condition of the premises or from any work or thing done by Lessee
or its sublessees, and any person other than Lessor and agents of Lessor in or about the premises
and will further indemnify and save Lessor harmless against and from any and all claims, costs
and expenses (including attorneys' fees) arising during the term of this lease from any breach or
default on the part of Lessee to be performed pursuant to Lessee, or any of its agents, contractors,
servants, employees or licensees or sublicensees or any other person other than Lessor and
agents of Lessor in or about the premises. This agreement to save harmless and indemnify
Lessor shall extend to all forms ofliability, including but not limited to liability, if any, arising
from the presence of or serving of intoxicating beverages on the premises, and all other forms of
liability. In case any action or proceeding be brought against Lessor by reason of any such
claim, Lessee, upon notice form Lessor, covenants at the expense of Lessee, to resist or defend
such action or proceeding by counsel reasonably satisfactory to Lessor. Lessee shall not suffer
or give cause for the filing of any liens, claims security interests or encumbrances of any kind or
nature against the premises, except for liens which arise because of bona fide disputes between
the Lessee and any contractor or subcontractor, in which case said liens shall be bonded, and in
any event Lessee agrees that any lien claims will be satisfied prior to execution of any judgment.
The provisions of this section (c) shall not apply to damage, injury or death resulting from the
acts of negligence of Lessor.

                (d)     Lessee shall, during the entire term hereof, at its sole cost and expense,
keep in full force and effect a policy of public liability insurance with respect to the premises and
the business operated by Lessee in which both Lessor and Lessee shall be named as parties
covered thereby in which the limits of liability shall not be less than $3,000,000 for injury to any
one person and $3,000,000 as to any one accident, $1,000,000 to property damage, $1,000,000
for automobile liability. Such insurance shall be with a company acceptable to Lessor, and shall
name Lessor and Lessee as insureds. Lessee shall furnish Lessor with a certificate or certificates
of insurance or other acceptable evidence that such insurance is in force at all times during the
term hereof. Such insurance shall be noncancellable without thirty (30) days' written notice to
Lessor. To the extent there are increases in the Consumers Price Index (all items), for the United
States published by the United States Department of Labor, Bureau of Labor Statistics ("Index"),
the foregoing insurance policy limitations of liability shall be commensurately increased. In
addition, Lessor shall be named as an additional insured on all other forms of liability insurance
policies including those pertaining to the sale or presence of alcoholic beverages on the premises.
G:\COMMON\5\GTJ\c-grdlea.doc                      4
The presence of the Lessor as an additional insured shall not give rise to any separate liability of
Lessor.

        14.     Termination. At the termination of this lease for any reason, any building,
fixtures and other appurtenances situate on the demised premises shall become the property of
Lessor. Notwithstanding, Lessee may remove said building and fixtures from the demised
premises if Lessee provides Lessor, no later than thirty (30) days after termination and Lessor's
notice thereof, whichever is later, with a written notice of Lessee's intention to remove said
building, appurtenances and fixtures within ninety (90) days from the date the Lessee's notice is
delivered and, concurrently therewith, shall provide Lessor with a performance bond with surety
satisfactory to Lessor naming Lessor as obligee thereunder, the condition of which bond shall be
such removal of the entire building, appurtenances and fixtures from the demised premises in full
and complete accordance with applicable City codes and regulations, including but not limited to
the requirement that any hole or excavation caused by the removal of the building shall be filled
with Lake Michigan sand by Lessee at a level equal to the earth level oflands adjacent to and
northerly and southerly of the demised premises. In the event Lessee shall default in timely
delivering the notice of intent to remove as above set forth and in delivering the required
performance bond, any building, fixtures or other appurtenances in existence upon the demised
premises on the date of termination shall remain the property of Lessor.

         15.     Liens. Lessee shall not suffer or permit any mechanic's and/or construction liens
to be filed or exist against the premises or any part thereof, by reason of work, labor, service or
materials supplied or claimed to have been supplied to Lessee or its agents, contractors,
subcontractors and subtenants. If any such mechanic's liens shall at any time be filed, Lessee
shall, within ten (I 0) business days after notice of the filing thereof, or such shorter grace period
as may be applicable, cause the same to be discharged of record by payment, bond, order of a
court of competent jurisdiction or otherwise. Lessee shall have the right to contest the validity of
the amount of any such lien by appropriate proceedings timely instituted, provided that Lessee:
(i) gives Lessor written notice of its intention to do so; (ii) diligently prosecutes any such contest;
and, (iii) if requested by Lessor, furnishes a bond in cash or surety, whichever shall be acceptable
to Lessor, in an amount equal to the amount of the lien as claimed, and Lessee shall not be in
default hereunder for failure to pay or discharge any such lien so long as it is contesting the same
as aforesaid. Lessee shall observe and comply with any and all requirements under the
applicable Michigan lien laws.

                 Lessee shall indemnify and save harmless Lessor and its officers, trustees, elected
officials, members, agents, employees, guests and invitees from and against any and all claims,
costs and expenses (including attorneys' fees) which may be imposed upon, incurred by or
asserted against Lessor by reason of any act or omission of such contractor or its personnel,
employees, agents or subcontractors, resulting in personal injury, bodily injury, sickness, disease
or death to persons, or damage to or destruction of tangible property including the loss of use
thereof. The written indemnification by such contractor shall be delivered to Lessor prior to the
commencement of any work on the premises and shall contain the agreement of such contractor,
at its sole cost and expense, to resist and defend any actions or proceedings brought against
Lessor by reason of any such claim upon the request of Lessor.

        16.     Bankruptcy. If, after the commencement of the term of this lease, the Lessee
shall: (i) be adjudicated bankrupt or adjudged to be insolvent pursuant to the provisions of any

G:ICOMMON\5\GTJ\c-grdlea.doc                       5
state or federal insolvency or bankruptcy law, or file under any chapter of the federal bankruptcy
laws; (ii) a receiver or trustee of the property and affairs of Lessee shall be appointed; (iii) any
assignment shall be made of Lessee's property for the benefit of creditors or if a petition shall be
filed by or against Lessee seeking to have Lessee adjudicated insolvent or bankrupt pursuant to
the provisions of any state or federal insolvency or bankruptcy law and such petition shall not be
withdrawn and the proceedings dismissed within ninety (90) days after the filing of the petition;
or, (iv) any execution or attachment shall be issued against Lessee or any of Lessee's property,
whereby the premises (including any improvements thereon) shall be taken or occupied or
attempted to be taken or occupied by someone other than Lessee then and in any of such events,
Lessor may terminate this lease by written notice to Lessee; provided, however, if the order of
court creating any of such disabilities shall not be final by reason of pendency of such
proceedings, or appeal from such order, or if the petition shall not have been withdrawn or the
proceedings dismissed within ninety (90) days after the filing of the petition, then Lessor shall
not have the right to terminate this lease so long as Lessee performs its obligations hereunder. If,
as a matter of law, Lessor has no right on the bankruptcy of Lessee to terminate this lease, then,
if Lessee, as debtor, or its trustee wishes to assume this lease, in addition to curing or adequately
assuring the cure of all defaults existing under this lease on Lessee's part on the date of filing of
the proceeding (such assurances being defined below), Lessee, as debtor, or the trustee must also
furnish adequate assurances of future performance under this lease (as defined below). Adequate
assurance of curing defaults means the posting with landlord of a sum in cash sufficient to defray
the cost of such a cure. Adequate assurance of future performance under this lease means
posting a deposit equal to one (I) year's rent, including all other charges payable by Lessee
hereunder, and that its use of the premises will comply with the terms hereof. In a reorganization
under Chapter 11 of the Bankruptcy Code, the debtor or trustee must assume this lease or assign
it within one hundred twenty (120) days from the filing of the proceeding, or he shall be deemed
to have rejected and terminated this lease.

        17.     Default. In the event of any breach of this lease by Lessee, Lessor in addition to
the other rights and remedies it may have, shall have the immediate right of reentty and may
remove all persons and prope1ty from the premises; such property may be removed and stored in
a public warehouse or elsewhere at the cost of and for the account of Lessee, except to the extent
any property is forfeited to Lessor under the terms of this lease. Should Lessor elect to reenter,
as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any
notice provided by law, Lessor may either terminate this lease or it may, from time to time,
without terminating this lease, relet the demised premises or any part thereof for such term or
terms (which may be for a term extending beyond the term of this lease) and at such rental or
rentals and on such other terms and conditions as Lessor in the sole discretion of Lessor may
deem advisable with the right to make alterations and repairs to the demised premises.

         18.    Notice of Default. Lessee shall not be deemed to be in default hereunder in the
payment of rent or the payment of any other monies as herein required or in the furnishing of any
bond or insurance policy when required hereto unless Lessor shall first give to Lessee thirty (30)
days written notice of such default and Lessee fails to cure such default with the said thi1ty (30)
days. For violation of any other agreements, conditions or covenants set forth in this lease,
Lessee shall not be deemed to be in default hereunder unless Lessor shall first give to Lessee
thirty (30) days written notice of such default and Lessee fails to cure such default within such
thirty (30) day period, or, if the default is of such a nature that it cannot be cured within thirty


G:ICOMMON\5\GTJ\c-grdlea.doc                      6
(30) days, or if Lessee fails to commence to cure such default within such period of thirty (30)
days, or fails thereafter to proceed to curing of such default with all possible diligence.

        19.    Waiver. The waiver by Lessor of, or the failure of Lessor to take action with
respect to any breach of any terms, covenant, or condition herein contained, shall not be deemed
to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any
other term, covenant or condition therein contained. The subsequent acceptance of rent
hereunder by Lessor shall not be deemed a waiver of any preceding breach by Lessee of any
term, covenant, or condition of this lease, other than the failure of Lessee to pay the particular
rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of
acceptance of such rent.

        20.    Holding Over. Any holding over after the expiration of the term of this lease,
with consent of Lessor, shall be construed to be a tenancy from month to month, at the same
monthly rental as required to be paid by Lessee for the period immediately prior to the expiration
of the term hereof, and shall otherwise be on the terms and conditions herein specified, so far as
applicable.

      21.     Time of the Essence. Time is of the essence in this lease, and of each and every
covenant, term, condition, and provision hereof.

        22.     Binding Effect. The covenants and conditions herein contained shall, subject to
the provisions as to assignment, transfer, and subletting, apply to and bind the heirs, successors,
executors, administrators, personal representatives and assigns of all the parties hereto; and all
the parties hereto shall be jointly and severally liable hereunder.

      IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease at
Muskegon, Michigan, to be effective the day and year first above written.

                                                      CITY OF MUSKEGON


Date signed: February          d.. f    , 2001




                 /Jl,1/'ci,           I               PAVILION PROPERTIES, L.L.C.
                                     ·=; 2001
                                                      ::~~~
Date signed: Fehrua~             2




G:\COMMON\5\GTJ\c-grdlea.doc                      7
                                         EXHIBIT A
                   (City of Muskegon/Pavilion Properties, LLC Ground Lease)

That piece or parcel of land situate immediately beneath the existing pavilion together with an
additional parcel ofland surrounding and immediately adjacent to said existing pavilion 15 feet
in depth and together with the entrances to, exits from and appurtenances to said existing
pavilion building all situate on the following described premises:

That portion of Block 739 of the City of Muskegon, Muskegon County, Michigan, according to
the revised plat of I 903, described as follows: project the North line oflndiana Avenue
Southwesterly to the Westerly line of the Westerly Beach Street oval, thence Northwesterly 160
feet more or less along the Westerly line of the Westerly Beach Street oval to a point of
beginning, which is 30 feet South of the Northeasterly projected South line of the existing
pavilion building, thence Northwesterly 180 feet more or less along the Westerly line of the
Westerly Beach Street oval to a point 50 feet North of the Northeasterly projected North line of
the existing pavilion building, thence Southwesterly and at right angles to the Westerly line of
the Westerly Beach Street oval 105 feet and 50 feet Westerly of the projected West line of the
existing pavilion building, thence Southeasterly and parallel to the Westerly line of the Westerly
Beach Street oval 180 feet, thence Northeasterly I 05 feet to point of beginning, being a
rectangular parcel I 05 feet by 180 feet.
Date: December 12, 1999
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       2001 User Fee Update



SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution attached
for your consideration. New fees and fee changes proposed for 2001 are highlighted
on the spreadsheet included with the resolution and include the following:

•   A series of new fees for property owners participating in the voluntary early-
    notification program for grass, trash, and lot cleanup violations ;

•   Increases in certain cemetery fee categories;

•   Building permit fee increases in accordance with the uniform building code;

•   Increases in parking fees for the Clay street ramp;

•   New fee for private, for-profit companies wishing to use City Hall meeting rooms;

•   Increases and/or adjustments to various Engineering, Marina, and Recreation
    fees.

FINANCIAL IMPACT: Increased revenue for fee supported activities.

BUDGET ACTION REQUIRED: None at this time.                      Adoption of the 2001
Master Fee Resolution will help the city attain its 2001 budgeted revenue estimates.

STAFF RECOMMENDATION: Approval.

COMMITTEE RECOMMENDATION: None.




9/18/97
                                                        City of Muskegon

                                                         RESOLUTION
                                                          2000-116(c)
A resolution adopting fees for services in the City entitled "Master Fee Resolution".

The City of Muskegon hereby RESOLVES:

 I.       The City of Muskegon has in the past adopted resolutions from time to time which set fees for various services in the
          City.

2.        That in addition to the specifically adopted resolution fees, there are fees which are charged pursuant to ordinances and
          codes as well the fees which are charged in the exercise of various other functions of the City which serve the public.

3.        That the City Commission has reviewed all of the fees which are charged from time to time pursuant to resolution,
          ordinance and in the affording of services to and for the public, and has determined to adopt the resolution a
          comprehensive schedule of fees by this resolution which is hereby called the "Master Fee Resolution".

4.        That the City Commission and its committees, with the advice of the staff of the City, have carefully investigated and
          examined the fees set forth in this Master Resolution and have determined that they are reasonably related to the actual
          cost of affording the services involved.

NOW, THEREFORE, THE CITY COMMISSION HEREBY RESOLYES:

1.       That the schedule of fees attached to this resolution is hereby adopted and shall be charged for the services set fo11h in
         the schedule and under the conditions set forth therein.

2.       That any fees listed which are also listed in specific resolutions, rules or regulations, shall be charged in accordance
         with those resolutions, rules and regulations, and with the practices of the City in affording the appropriate services.

3.       That the adoption of this resolution does not amend or change previous specific resolutions for the charging of fees for
         services, and does not preclude the existence of previous or future resolutions setting fo11h fees which are not included
         herein.


This resolution adopted.

Ayes__]__
Nays _0__



CITY OF MUSKEGON




               ____~
- - - -~l-~~~~_L   ___                            1

                                                 v:i
                                                  ...._ _ _ _ _Gail Kundinger, C lerk

                                                        CERTIFICATE

         This Resolution was adopted at a meeting of the City Commission of the City of Muskegon, held on December 12,
2000. 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.


                                                                        L~~·~
                                                                      Gail Kundinger, Clerk
                                                                                         CITY OF MUSKEGON
                                                                                Mas1er Fee Res0luti0n - Schedule 0f Fees
                                                                                           (Effective 1/112001)


                                                                                                                     1997      1998        1999        2000        2001             DEPARTMENT                      %
            DEPT                                 DESCRIPTION                    UNIT                                 FEE        FEE         FEE         FEE         FEE              COMMENTS                     CHANGE

    1       ALL        ADMINISTRATIVE OVERHEAD ON SALES TO OUTSIDE PARTIES      TOTAL BALANCE DUE                15.00%      15.00%      15.00%      15.00%      15.00%
    2       ALL        COPIES FOR PUBLIC (STANDA3D SIZES)                       PER COPY                             0.25        0.25        0.25        0.25        0,25
    3       ALL        FAX CHARGE FOR INFORMATION REQUESTS                      PER PAGE                             0.50        0.50        0.50        0.50        0.50
    4       ALL        LATE FEE ON CITY RECEIVABLES (EXCEPT TAXES)              PAST DUE BALANCE                   1.00%       1.00%       1.00%       1.00%       1.00%    PER MO./IMPOSEQ_AfT°ER 30 DAYS
      5  CEMETERIES    CEMETERIES EVERGREEN MAUSOLEUM (CRYPTS A-8)              EACH                            1,275.00    1,275.00    1,275.00    1,275.00    1,275.00
      6  CEMETERIES    CEMETERIES EVERGREEN MAUSOLEUM (CRYPTS A-Bl NR •         EACH                            1,585.00    1.585.00    1,585.00    1,585.00    1,585.00
      7  CEMETERIES    CEMETERIES EVERGREEN MAUSOLEUM (CRYPTS C-F)              EACH                            1.460.00    1,460.00    1.460.00    1.460.00    1.460.00
      8  CEMETERIES    CEMETERIES EVERGREEN MAUSOLEUM (CRYPTS C-F) NR"          EACH                            1,815.00    1,815.00    1,815.00    1,815.00    1,815.00
      9  CEMETERIES    CEMETERIES GRAVE PRICES (EVERGREEN}                      ONE GRAVE                         600,00      600.00      600.00      600.00      600.00
     10  CEMETERIES    CEMETERIES GRAVE PRICES (EVERGREEN}                      TWO GRAVES                      1,150.00    1,150.00    1,150.00    1,150,00    1,150.00
    11   CEMETERIES    CEMETERIES GRAVE PRICES (EVERGREEN} NR •                 TWO GRAVES                      1,450.00    1,450,00    1.450.00    1,450,00    1,450.00

   " 13
    14
         CEMETERIES
         CEMETERIES
         CEMETERIES
                       CEMETERIES GRAVE PRICES (EVERGREEN} NR •
                       CEMETERIES GRAVE PRICES (LAKESIDE}
                       CEMETERIES GRAVE PRICES (LAKESIDE)
                                                                                ONE GRAVE
                                                                                ONE GRAVE
                                                                                                                  750.00
                                                                                                                  600,00
                                                                                                                              750.00
                                                                                                                              600.00
                                                                                                                                          7-50.00
                                                                                                                                          600.00
                                                                                                                                                      750.00
                                                                                                                                                      600,00
                                                                                                                                                                  750.oo
                                                                                                                                                                  600.00
                                                                                TWO GRAVES                      1,150.00    1,150.00    1,150.00    1,150.00    1,150.00
    15   CEMETERIES    CEMETERIES GRAVE PRICES (LAKESIDE} NR"                   ONE GRAVE                         750.00      750.00      750.00      750.00      750.00
    16   CEMETERIES    CEMETERIES GRAVE PRICES (LAKESIDE} NR •                  TWO GRAVES                      1.450.00    1,450.00    1,450.00    1,450.00    1.450.00
-17      CEMETERIES    CEMETERIES GRAVE PRICES (OAKWOOD)                        ONE GRAVE                         600.00      600.00      600.00      600.00      600.00
    18   CEMETERIES    CEMETERIES GRAVE PRICES (OAKWOOD)                        TWO GRAVES                      1,150.00    1,150.00    1,150.00    1,150.00    1,150.00
    19   CEMETERIES    CEMETERIES GRAVE PRICES (OAKWOOD) NR •                   TWO GRAVES                      1,450.00    1,450.00    1,450.00    1,450.00    1,450.00
    20   CEMETERIES    CEMETERIES GRAVE PRICES (OAKWOOD) NR •                   ONE GRAVE                         750.00      750.00      750.00      750.00      750.00
    21   CEMETERIES    CEMETERIES GRAVE PRICES (RESTLAWN-FLUSH MARKER)          ONE GRAVE                         550.00      550.00      550.00      550.00      550.00
    22   CEMETERIES    CEMETERIES GRAVE PRICES (RESTLAWN-FLUSH MARKER)          TWO GRAVES                      1,024.00    1,024.00    1,024.00    1,024.00    1,024.00
    23   CEMETERIES    CEMETERIES GRAVE PRICES {RESTLAWN-FLUSH MARKER) NR •     ONE GRAVE                         650.00      650.00      650.00      650.00      650.00
    24   CEMETERIES    CEMETERIES GRAVE PRICES (RESTL.AWN-FLUSH MARKER) NR •    TWO GRAVES                      1,290.00    1,290.00    1.290.00    1,290.00    1,290.00
    25   CEMETERIES    CEMETERIES OPENING (1/2 GRAVE W/CHAPEL}                  EACH                              160.00      160.00      160.00      180.00      200.00                                           11.11%
    26   CEMETERIES    CEMETERIES OPENING (1/2 GRAVE W/CHAPEL} NR               EACH                              230.00      230.00      230.00      230.00      250.00                                           8.70%
    27   CEMETERIES    CEMETERIES OPENING (CREMATION)                           EACH                              200.00      200.00      200.00      200.00      220.00                                           10.00%
    26   CEMETERIES    CEMETERIES OPENING (CREMATION) NR                        EACH                              250.00      250.00      250.00      250.00      270.00                                            6.00%
    29   CEMETERIES    CEMETERIES OPENING (CREMATION, GRASS, CHAIRS}            EACH                              250.00      250.00      250.00      250.00      270.00                                           8.00%
    30   CEMETERIES    CEMETERIES OPENING (CREMATION, GRASS, CHAIRS) NR         EACH                              300.00      300.00      300.00      300,00      320.00                                           6.67%
    ~METERfES          CEMETERIES OPENING (CREMATION, TENT, GRASS, CHAIRS)      EACH                              275.00      275.00      275.00      275.00      300.00                                           9.09%
    32   CEMETERIES    CEMETERIES OPENING {CREMATION, TENT, GRASS, CHAIR$) NR   EACH                              325.00      325.00      325.00      325.00      350.00                                           7.69%
    33   CEMETERIES    CEMETERIES SECOND CREMAINS (OPEN GRAVESITE}              EACH                                 0.00        0.00        0.00      SO.DO       SO.OD
    34   CEMETERIES    CEMETERIES OPENING (DEVICE)                              EACH                              400.00      400.00      400.00      400.00      425.00                                            6.25%
    35   CEMETERIES    CEMETERIES OPENING {DEVICE) NR                           EACH                              SOD.OD      SOD.DO      500.00      500.00      525.00                                            5.00%
    38   CEMETERIES    CEMETERIES OPENING {SET UP AT GRAVE}                     EACH                              425.00      425.00      425.00      425.00      450,00                                            5.88%
    37   CEMETERIES    CEMETERIES OPENING {SET UP AT GRAVE} NR                  EACH                              525.00      525.00      525.00      525.00      550.00                                           4.76%
    38   CEMETERIE-S   CEMETERIES OPENING {STILLBORN IN BABYLAND)               EACH                              105.00      105.00      105.00      105.00      125.00                                           19.05%
    39   CEMETERIES    CEMETERIES OPENING {STILLBORN JN BABYL.AND} NR           EACH                              125.00      125.00      125.00      125.00      150.00                                           20.00%
-;;-,--CEMETERIES      CEMETERIES OPENING (STILLBORN NOT IN BABYL.AND)          EACH                              200.00      200.00      200.00      200.00      225.00                                           12.50%
    41   CEMETERIES    CEMETERIES OPENING (STILLBORN NOT IN BABYLANDJ NR        EACH                              250.00      250,00      250,00      250.00      275.00                                           10.00%
-42      CEMETERIES    CEMETERIES OPENING (TENT AT GRAVE)                       EACH                              450.00      450.00      450.00      450.00      500.00                                           11.11%
    43   CEMETERIES    CEMETERIES OPENING (TENT AT GRAVE) NR                    EACH                              550.00      550.00      550.00      550.00      600.00                                           9.09%
    44   CEMETERIES    CEMETERIES OVERTIME {MON-SAT AFTER 2:30PM}               EACH                              150.00      150.00      150.00      150.00      150.00
    45   CEMETERIES    CEMETERIES OVERTIME {MON-SAT AFTER 2:30PM} NR            EACH                              150.00      150.00      150.00      150.00      150.00
    46   CEMETERIES    CEMETERIES OVERTIME {SATURDAYS & HOLIDAYS}               EACH                              250.00      250.00      250.00      250.00      250.00
    47   CEMETERIES    CEMETERIES OVERTIME {SATURDAYS & HOLIDAYS} NR            EACH                             250.00       250.00      250.00      250.00      250.00
    48   CEMETERIES    CEMETERIES OVERTIME {SUNDAYS)                            EACH                                 0.00        0.00        0.00     375.00      375.00
    49   CEMETERIES    CEMETERIES NICHES (2 UPPER ROWS)                         EACH                                 0.00        0.00        0.00   1,325.00    1,325.00
    50   CEMETERIES    CEMETERIES NICHES (2 UPPER ROWS) NR                      EACH                                 0.00        0.00        0.00   1,525.00    1,525.00
    51   CEMETERIES    CEMETERIES NICHES (2 LOWER ROWS)                         EACH                                 0.00        0.00        0.00   1,275.00    1,275.00
    52   CEMETERIES    CEMETERIES NICHES (2 LOWER ROWS) NR                      EACH                                 0.00        0.00        0.00   1,475.00    1,475.00
    53   CEMETERIES    CEMETERIES NICHES (OPEN/CLOSING}                         EACH                                 0.00        0.00        0.00     125.00      125.00
    54   CEMETERIES    CEMETERIES NICHES (OPEN/CLOSING) NR                      EACH                                 0.00        0.00        0.00     175.00      175.00
    55   CEMETERIES    CEMETERIES PRICES (1/2 GRAVE-ALL CEMETERIES)             EACH                              300.00      300.00     300,00       300.00      350.00                                     ---16.67%
    ~MEfER!ES          CEMETERIES PRICES (1/2 GRAVE-ALL CEMETERIES) NR •        EACH                             400.00       400.00     400.00       400.00      450.00                                           12.50%
    57   CEMETERIES    CEMETERIES SERVICE                                       PER SQUARE INCH                      0.35        0.35        0.35       0.35        0.40                                           14.29%
-·-58"'· CEMETERIES    CEMETERIES SERVICE {GOVERNMENT MARKERS}                  EACH                               SO.OD       50.00       50.00       SO.OD       70.00
--,-,--CEMETERIES                                                                                                                                                                                                 40.00%
                       CEMETERIES SERVICE {MARKERS MINIMUM)                     EACH                               55.00       55.00       55.00       55.00       55.00
    60   CEMETERIES    CEMETERIES SERVICE (MAUSOLEUM VASES)                     EACH                               55.00       55,00       75.00       75.00       75.00
    61   CEMETERIES    CEMETERIES SERVICE {PRE-NEED HANDLING CHARGE)            EACH                               10.00       10.00       10.00       10.00       10.00
    62   CEMETERIES    CEMETERIES SERVICE (SMALL VASES) RESTL.AWN               EACH                                5.00        5.00       30.00       30.00       30.00
    63   CEMETERIES    ENTOMBMENT - EVERGREEN MAUSOLEM                          EACH                              150,00      150.00      150,00      150.00      150.00
    64   CEMETERIES    ENTOMBMENT NR - EVERGREEN MAUSOLEUM                      EACH                             200.00       200.00     200.00       200.00      200.00



                                                                                                            Page I
                                                                                             CITY OF MUSKEGON
                                                                                    Master Fee Resolution• Schedule of Fees
                                                                                               (Effective 1/1/2001)


                                                                                                                        1997       1998       1999      2000      2001                    DEPARTMENT                        %
         DEPT                                   DESCRIPTION                         UNIT                                 FEE        FEE        FEE       FEE       FEE                     COMMENTS                       CHANGE

 65   CEMETERIES      OPENING (SEAL VAULT LID)                                      EACH                                32.00     32,00      32.00     32.00      32,00
 66   CEMETERIES      PERPETUAL CARE - OAKWOOD, EVERGREEN, & LAKESIDE               EACH                               287.50    287.50     300.00    300.00     300.00
 67   CEMETERIES      PERPETUAL CARE - RESTLAWN                                     EACH                               256.00    256.00     275.00    275.00     275.00
 88   CEMETERIES      TRANSFER & AFFIDAVIT FEE PER GRAVE SPPi°CE                    EACH                                10.00     10.00      10.00     10.00      10.00
 69     CLERK         ADDRESS LABELS - VOTER REGISTRATION                           EACH                                 0.05      0.05       0.05      0.05       0.05
 70     CLERK         BUSINESS REGISTRATION                                         EACH                                 0.00      0.00      25.00     25.00      25.00
 71     CLERK         BUSINESS TRANSIENT                                            PER DAY                              0.00      0.00      25.00     25.00      25.00
 72     CLERK         BUSINESS PEDDLER                                              PER DAY                              0.00      0.00      10.00     10.00      10.00
 73     CLERK         BUSINESS AUCTIONEER (IND!VIDUAL. EVENT)                       PER EVENT                            0.00      0.00      10.00     10.00      10.00
 74     CLERK         BUSINESS AUCTIONEER (REGULAR}                                 PER YEAR                             0.00      0,00     100.00    100.00     100.00
 75     CLERK         BUSINESS COMMERCIAL GARBAGE HAULER                            PER YEAR                             0.00      0.00     100.00    100.00     100.00
 78     CLERK         BUSINESS DANCE HALL (INDIVIDUAL EVENT)                        PER EVENT                            0.00      0,00      10.00     10.00      10,00
 77     CLERK         BUSINESS DANCE HALL (REGULAR)                                 PER YEAR                             0.00      0.00     100.00    100.00     100.00
                                                                                                                                                                          CHARGED TO LAW FIRMS AND OTHER FOR PROFIT
 78     CLERK         CllY HALL CONFERENCE ROOM RENTAL                              PER HOUR                             0.00       0.00      0.00       0.00     25.00   ORGANIZATIONS WISHING TO USE FACILITIES FOR     •-NEW FEE-
                                                                                                                                                                                  NON-CllY RELATED BUSINESS                 ----
 79     CLERK         ENCROACHMENT PERMIT APPLICATION FEE                           EACH                               100.00    100,00     100.00    100.00     100,00
 80     CLERK         ENCROACHMENT PERMIT CERTIFICATE FEE                           EACH                                25.00     25.00      25.00     25.00      25.00
 61     CLERK         ENCROACHMENT/RENTAL FEE {BUS BENCHES}                         PER BENCH/PERMONTH                   5.00      5.00       5.00      5.00       5.00
 82     CLERK         LIQUOR LICENSE RENEWAL                                        EACH                                 0.00      0.00       0.00    100,00     100.00
 63     CLERK         LIQUOR LICENSE TRANSFER OF OWNERSHIP OR LOCATION              EACH                                 0.00      0.00       0.00    250.00     250.00
 84     CLERK         LIQUOR LICENSE NEW CLASS C LICENSE                            EACH                                 0,00      0.00       0.00    750,00     750.00               IF LICENSE AVAILABLE
 85     CLERK         LIQUOR LICENSE NEW $DD OR $OM                                 EACH                                 0.00      0,00       0.00    200.00     200.00
 86     CLERK         LIQUOR LICENSE (SPECIAL EVENT) APPLICATION FEE                EACH                                 0.00      0.00       0.00    100.00     100.00
 87     CLERK         ORDINANCE BOOK                                                EACH                                75.00     75,00      75.00    250.00     250.00
 88     CLERK         ORDINANCE BOOK ON CD-ROM                                      EACH                                 0.00      0.00       0.00    250.00     250.00
 89     CLERK         ORDINANCE BOOK SUBSCRIPTION SERVICE {Bl-ANNUAL UPDATES}       PER YEAR                             0.00      0.00       0.00     50.00      50.00              IN ADDITIOl',I_JO BASE FEE
 90     CLERK         PRECINCT MAPS                                                 EACH                                 7.50      7.50       7.50      '7,50      7.50
 91     CLERK         PUBLIC NOTARY FEE                                             EACH                                 1.00      1.00       1.00      1.00       1,00
 92     CLERK         TAXI CAB COMPANY                                              PER CAB                              0.00      0.00      25,00     25.00      25.00
 93     CLERK         TAXI CAB LICENSE PHOTO FEE                                    EACH                                 5.00      5.00       5.00      5,00       5.00
 94     CLERK         VOTER HISTORY - ON DISK                                       EACH                                50.00     50.00      50.00     50.00      50.00
 95     CLERK         VOTER REGISTRATION- HARDCOPY LIST                             EACH                                 0.01      0.01       0.01      0.01       0.01
 96      CNS          MORTGAGE REFINANCE FEE                                        EACH                               600.00    600.00      50.00     50.00      50.00
 97      CNS          REHAB LOAN APPLICATION FEE                                    EACH                               200.00    200.00     200.00    200.00     200.00
 98      CNS          RENTAL REHAB APPLICATION FEE FEE                              PER LOAN                           100.00    100.00     100,00    100.00     100.00
 99      oew          ADbTIONAL GARBAGE SERVICE (1 TOTER)                           PER MONTH                            6.00     10.00      10.00     10.00      10.00
100      DPW          APPLIANCE STICKER                                             EACH                                25.00     25.00      25.00     25.00      25.00
101      oew          GARBAGE CART REPLACEMENT                                      EACH                                50.00     50.00      50.00     50.00      50.00
102      oew          GARBAGE RECYCLING BIN                                         EACH                                 5.00      5.00       5.00      5.00       5.00
103      oew          GARBAGE SERVICE- SMALL BUSINESS                               PER MONTH                            6.00      6.00      10.00     10.00      10.00       INCLUDES CHURCHES AND NON-PROFITS
104      oew          GARBAGE SERVICE - UNAUTORTZED USE OF CARTS                    PER INCIDENT                         0.00      0.00      20.00     20.00      20.00
105      oew          GARBAGE SERVICE. REPLACE LOST/STOLEN CART                     EACH                                 0.00      0.00      15.00     15.00      15.00             POLICE REPORT REQUIRED
106      oew          GARBAGE SERVICE - MIXED REFUSE STICKER                        EACH                                 1.25      1.25       1.25       1.50      1.50
                                                                                                                                                                          BUY 5 FOR $7.50/GET 1 FREE/UNIT PRICE REMAINS
                                                                                                                                                                                               $1.25
107      DPW           GARBAGE SERVICE - SECOND 35 GAL CART                         PER MONTH                          0.00         0.00       7.00     7.00       7.00
108      DPW           FEE FOR SPECIAL COLLECTION OF ILLIEGAL MATERIALS             EACH                              50.00        50.00      50.00    50,00      50.00    OR ACTUAL COSTS (WHICHEVER IS GREATER)
109      oew           SENIOR TRANSIT                                               PER RIDE                           1.00         1.00       1.00     1.00       1.00
110   ENGINEERING      CHARGE FOR BLUEPRINTS (PLANS & UTILITY MAPS)                 EACH                               7.50         7.50       7.50     8.00       8,00
111   ENGINEERING      SIDEWALK AND CURB CUT PERMIT                                 EACH                              15.00        15.00      15.00    20.00      20.00
112   ENGINEERING      SOIL EROSION CONTROL INSPECTION FEE                          PER VISIT                         40.00        40.00      40.00    50.00      50.00
113   ENGINEERING      SOIL EROSION CONTROL PERMIT                                  PER ACRE                          20.00        20,00      20.00    25.00      25.00
114-ENGINEERING        SOIL EROSION CONTROL PERMIT APPLICATION FEE                  EACH                              25.00        25.00      25.00    50.00      50.00
~NGINEERING            SOIL REMOVAL. STRIPPING, & DUMPING INSPECTION FEE            PER VISIT                         40.00        40.00      40.00    50.00      50.00
~NGINEERING            SOIL REMOVAL, STRIPPING, & DUMPING PERMIT                    EACH                             250.00       250.00     256.'0~'75.00       275.00
117   ENGINEERING   --STORM WATER MANAGEMENT BILLING FEE                            PER BILL                           2.00         2.00       2.00     5.00       5.00
118   ENGINEERING      STORM WATER MANAGEMENT HOOKUP FEE FOR SYSTEM AVAILABILITY    EACH                             150.00       150.00     150.00   175.00     175.00          5,000 GALLON f:'~R DAY MAXIMUM
119   ENGINEERING      STORM WATER MANAGEMENT PERMIT APPLICATION FEE                EACH                             500.00       500.00     500.00   500.00     500.00
120   ENGINEERING      STORM WATER MANAGEMENT SYSTEM USE FEE                        PER 1,000 GALLONS                  0.18         0.18       0.18     0.20 ~
121   ENGINEERING      STORM WATER MANAGEMENT (CONTAMINATION SOURCE OUTSIDE CITY)   EACH                               0.00         0.00       0,00     0.00       0.00           DOUBLE ALL APPLICABLE FEES
122   ENGINEERING      STORM WATER MANAGEMENT (ILLEGAL OR NON-PERMITTED HOOKUP$}    EACH                               0.00         0.00       0.00     0.00       0.00           DOUBLE ALL APPLICABLE FEES
123   ENGINEERING      STREET/SIDEWALK CUT APPLICATION FEE                          EACH                              15.00        15.00      15.00    15.00      15.00
124   ENGINEERING      STREET/SIDEWALK CUT PERMIT FEE                               APPROACH                          15.00        15.00      15,00    15.00 - - 15.00
125   ENGINEERING      UTILllY ANNUAL PERMIT FEE                                    EACH                           1,500.00     1,500.00   1,500.00 1,600.00   1,750.00                                                    9.38%


                                                                                                               P~~c2
                                                                                                    CITY OF MUSKEGON
                                                                                           Master Fee Resolution. Schedule of Fees
                                                                                                      (Effective 1/1/2001)


                                                                                                                               1997     1998       1999        2000       2001                    DEPARTMENT                       %
            DEPT                                   DESCRIPTION                             UNIT                                 FEE      FEE        FEE         FEE        FEE                     COMMENTS                      CHANGE

  126     ENGINEERING   UTILITY CUT PERMIT APPLICATION FEE                                    EACH                             40.00    45.00     45.00        50.00      50.00
  127     ENGINEERING   UTILITY CUT PERMIT FEE                                                UNIT                             17.00    20.00     20.00        20.00      20.00
  12a     ENGINEERING   UTILITY CUT (PAVEMENT REMOVAL-PAVEMENT <4 YEARSOLD)                   SQUARE YARD                      50.00   135.00    135.00       135.00     135.00    FEES ADJUSTED TO REFLECT RESIDUAL VALUE
   129    ENGINEERING   UTILITY CUT (PAVEMENT REMOVAL-PAVEMENT 4-9 YEARSOLD)                  SQUARE YARD                      50.00   135.00    100.00       100.00     100.00    FEES ADJUSTED TO REFLECT RESIDUAL VALUE
   130    ENGINEER!NG   UTILITY CUT (PAVEMENT REMOVAL-PAVEMENT >10 YEARSOLD}                  SQUARE YARD                      50.00   135.00     75.00        75.00      75.00    FEES ADJUSTED TO REFLECT RESIDUAL VALUE
  131     ENGINEERING   UTILITY CUT (PROJECT DURATION}                                        WEEK                             27.50    27.50     27.50        27.50      27.50
   132    ENV SERVICES  GRASS ALERT NOTIFICATION-FAX/E-MAIL (1 PROPERTY)                      ANNUAL                            0.00     0.00      0.00         0.00      15.00                                                  •••NEW FEE'
   133    ENV SERVICES  GRASS ALERT NOTIFlCATION-FAX/E-MAIL (2-5 PROPERTIES}                  ANNUAL                            0.00     0.00      0.00         0.00      25.00                                                      NEW FEE•-
   134    ENV SERVICES  GRASS ALERT NOTJFICATION-FAXIE-MAIL (6-10 PROPERTIES)                 ANNUAL                            0.00     0.00      0.00         0.00      30.00                                                  -•NEW FEE...
   135    ENV SERVICES  GRASS    ALERT   NOTIFICATION•FAXIE-MAIL   (11-25 PROPER'flES}        ANNUAL                            0.00     0.00       0.00        0.00      40.00                                                  ...NEW FEE...
   136    ENV SERVICES  GRASS ALERT NO'flFICATION-FAXIE-MAIL (26-50 PROPERTIES)               ANNUAL                            0.00     0.00       0.00        0.00      50.00                                                  ...NEW FEE•••
   137    ENV SERVICES  GRASS ALERT NOTIFICATION-FAX/E-MAIL (51-100 PROPERTJES)               ANNUAL                            0.00     0.00       0.00        0.00      75.00                                                  -NEW FEE
   138    ENV SERVICES  GRASS    ALERT   NOilFICATION-FAX/E-MAIL   (101+  PROPERTIES)         ANNUAL                            0.00     0.00       0.00        0.00     100.00                                                  -•NEW FEE"..
   139    ENV SERV!CES  24-HR STICKER ALERT NOTIFICAT!ON-FAX/E-MA!L (1 PROPERTY)              ANNUAL                            0.06~.oo            0.00        0.00      15.00    INCLUDES VOUCHER FOR GARBAGE STICKERS         ... NEW FEE•..
   140    ENV SERVICES  24-HR STICKER ALERT NOTIFICATION-FAX.IE-MAIL (2-5 PROPERTIES)         ANNUAL                          0.00        0.00      0.00        0.00      25.00     INCLUDES VOUCHER FOR GARBAGE STICKERS        •••NE,W FEE•..
   141    ENV SERVICES  24-HR  STICKER    AI..ERT NOTIFICA TION-FAX/E-MAIL  (6-10 PROPERTIES) ANNUAL                          0.00        0.00      0.00        0.00      30.00     INCLUDES VOUCHER FOR GARBAGE STICKERS        •••NEW FEE-"
   142    ENV SERVICES  24-HR STICKER ALERT NOTiF!CATION-FAXIE-MAIL (11-25 PROPERTIES)        ANNUAL                          0.00        0.00      0.00        0.00      40.00     INCLUDES VOUCHER FOR GARBAGE STICKERS        •-NEW FEE
   143    ENV SERVICES  24-HR STICKER ALERT NOTIFICATION-FAXIE-MAIL (26-50 PROPERTIESf~NUAL                                   0.00        0.00      0.00        0.00      50.00    !NCI.UDE"§: VOUCHER FOR GARBAGE STICKERS      "'"NEW FEE"..
   144    ENV SERVICES  24-HR STICKER ALERT NOTIFICATION-FAXIE-MAJL (51-100 PROPERTIES)       ANNUAL                          0.00        0.00      0.00        0.00      75.00     INCLUDES VOUCHER FOR GARBAGE STICKERS        -•NEW FEE*..
   145    ENV SERVICES  24-HR STICKER ALERT NOTIFICATION-FAX/E-MAIL (101+ PROPERTIES)         ANNUAL                          0.00        0.00      0.00        0.00     100.00     INCLUDES VOUCHER FOR GARBAGE STICKERS        •••NEW FEE•..
   146    ENV SERVICES  GARBAGE ALERT NOTIFICATION-FAXIE-MAIL (1 PROPER::DJ                   ANNUAi..                        o.oo        0.00      0.00        0.00      15.00     INCLUDES VOUCHER FOR GARBAGE STICKERS        ...NEW FEE~
   147    ENV SERVICES  GARBAGE     AI..ERT  NOT!FICATION-FAX/E•MAIL  (2-5 PROPERTIES)        ANNUAL                          o.oo        0.00      0.00        0.00      25.00     INCLUDES VOUCHER FOR GARBAGE STICKERS        •-NEW FEE"'""
   148    ENV SERVICES  GARBAGE AI..ERT NOTIFICATION-FAX/E·MAIL (6-10 PROPERTIES)             ANNUAL                          0.00        0.00      0.00        0.00      30.00     !NCLUDES VOUCHER FOR GARBAGE STICKERS        -•NEW FEE•..
   149    ENV SERVICES  GARBAGE ALERT NOTIFICATION-FAXIE-MAIL (11-25 PROPERTIES)              ANNUAL                          0.00        0.00      0.00        0.00      40.00     INCLUDES VOUCHER FOR GARBAGE STICKERS        •••NEW FEE"..
   150    ENV SERVICES  GARBAGE     ALERT    NOTIFICATION-FAX/E-MAIL  (26-50  PROPERTIES}     ANNUAL                          0.00        0.00      0.00        0.00      50.00     INCLUDES VOUCHER FOR GARBAGE $TICKERS        ...NEW FEE•••
   151    ENV SERVICES  GARBAGE ALERT NOTIFICATION-FAX/E·MAIL (51-100 PROPERTIES)             ANNUAL                          0.00        0.00      0.00        0.00      75.00     INCI..UDES VOUCHER FOR GARBAGE STICKERS      •-NEW FEE•-
   152    ENV SERVICES  GARBAGE ALERT NOTIFICATION-FAXIE-MAII.. (101+ PROPERTIES}             ANNUAL                          o.oo        0.00      0.00        0.00     100.00     INCLU-DES VOUCHER FOR GARBAGE STICKERS           NEW FEE•••
   15'    ENV SERVICES  TRIPI..E ALERT NOTIFICATION-FAX/E-MAIL (1 PROPERTY)                   ANNUAL                          0.00        0.00      0.00        0.00      15.00   MAY QUALIFY FOR $25 "GOOD CITIZEN DISCOUNT'    --•NEW FEE...
154 ENV SERVJCES TRIPLE ALERT NOTIFICATION•FAX/E-MAIL (2-5 PROPERTIES)                        ANNUAL                          0.00        0.00      0.00        0.00      25.00   MAY QUALIFY FOR $50 "GOOD CITIZEN DISCOUNT'    ...NEW Fee-·
   155    ENV SERVICES  TRIPLE ALERT NOTIFICATION-FAX/E-MAII.. (6-10 PROPERTIES)              ANNUAL                          o.oo        0.00      0.00        0.00      30.00   MAY QUALIFY FOR $50 "GOOD CITIZEN DISCOUNT"    ...NEW FEE
   158    ENV  SERVICES TRIPI..E ALERT   NOTIFICATION-FAXIE-MAIL   (11-25  PROPERTIES)        ANNUAi..                        0.00        0.00      0.00        0.00      40.00   MAY QUALIFY FOR $75 "GOOD CITIZEN DISCOUNT"        NEW FEE•..
   157    ENV SERVICES  TRIPLE ALERT NOTIFICATION-FAXIE-MAIL (26-50 PROPERTIES)               ANNUAL                          0.00        0.00      0.00        0.00      50.00   MAY QUALIFY FOR $100 "GOOD CITIZEN DISCOUNT"   •••NEW FEE•...
   158    ENV SERVICES  TRIPI..E A[ERT NOTIFICATION•FAXIE-MAIL (51-100 PROPERTIES)            ANNUAL                          0.00        0.00      0.00        0.00      75.00   MAY QUAUFY FOR $150 "GOOD CIT/ZEN DISCOUNT'    ...NEW FEE..•
   159    ENV SERVICES  TRIPLE ALERT NOTIFICATJON-FAX/E-MAII.. (101+ PROPERTIES}              ANNUAL                          0.00        0.00      0.00        0.00     100.00   MAY QUAUFY FOR $175 "GOOD CITIZEN DISCOUNT'    """NEW FEE--
   160       FINANCE    REPLACEMENT OF LOST PAYROLL CHECK                                     EACH OCCURRENCE                 0.00        0.00     20.00       20.00      25.00                                                    25.00%
   181       FINANCE    PROCESSING PENSION EDRO FOR DIVORCE CASES                             EACH                            0.00        0.00      0.00        0.00     400.00           COST SPLIT BETVVEEN PARTIES            -•NEW FEE...
   162       FINANCE    COPIES OF CITY BUDGET OR CAFR (FOIA REQUESTS}                         EACH                            o.Oo        0.00     20.00       20.00      20.00
   163         FIRE     FIRE REPORT COPY (MAJOR FIRE)                                         EACH                          10.00        10,00     10.00       10.00      15.00                                                   50.00%
   164         FIRE     FIRE REPORT COPY (REGULA.R)                                           EACH                            5.00        5.00      5.00        5.00       5.00
   165         FIRE     FIRE REPORT PHOTOGRAPHS                                               EACH                            0.00        0.00      0.00        0.00       1.00                                                    NEW FEE=
   168         FIRE     INSURANCEADMINISTRAT!ON ESCROW                                        EACH INCIDENT                   0.00        0.00      0.00       15.00      15.00            PLUS RELATED COURT COSTS
   167         FIRE     FIRE INSPECTION ADDITIONAi.. VISIT                                    EACH IN~IDENT                   o.Oo        0.00      0.00       50.00      50.00
   188         FIRE     ARSON    FIRE   RESTl'fUTION FEE                                      PER HR ON CALL                  0.00        0.00      0.00      655.00     655.00            Pl.US REL.A.TED COURT COSTS
   169         FIRE     FALSE ALARM FEE                                                       PER HR ON CALL                  0.00        0.00      0.00      655.00     655,00        AFTER 3RD FALSE_ALA.RM Ir,._/ ONE YEAR
   170         FIRE     WILLFUL NEGLIGENCE FJRE FEE                                           PER HR ON CALI..                0.00        0.00      0.00      655.oo     655.00
   171         FIRE     CONFINED SPACE RESCUE FEE                                             PER HR ON CALL                  0.00        0.00      0.00      655.00     655.00
   172         FIRE     ICE RESCUE CALI..                                                     PER HR ON CALL                  0.00        0.00      0.00      100.00     100.00
   173         FIRE     DOVVNEO POWER LINE                                                    PER HR                          0.00        0.00      0.00      170.00     170.00                _AFTER Fjl3ST HOU8_
   174         FIRE     SPECIAL USE PERMITS (PER UFC}                                         EACH PER YEAR                   0.00        0.00      0.00       50.00      50.00
   175      FORESTRY    TREE REPLACEMENT PLANTING FEE                                         EACH                            0.00        0.00      0.00      200.00     200.00
   178      FORESTRY    TREE REMOVAL FEE (3". 6" DIAMETER)                                    EACH                            0.00        0.00      0.00      150.00     150.00         TREE MEASURED AT 4' ABOVE GRADE
   177      FORESTRY    'i'REE REMOVAL FEE (6" -12'" DIAMETER}                                EACH                            0.00        0.00      0.00      250.00     250.00        TREE MEASURED AT 4' ABOVE GRADE
   178      FORESTRY    TREE REMOVAL FEE {12"-18" DIAMETER)                                   EACH                            0.00        0.00      0.00      275.00     275.00        TREE MEASURED AT 4' ABOVE GRADE
   179      FORESTRY    TREE REMOVAL FEE (18'' - 24" DIAMETER)                                EACH                            0.00        0.00      0.00      525.00     525.00         TREE MEASURED AT 4' ABOVE GRADE
   180      FORESTRY    iREE REMOVAi.. FEt (24" - 30'" DIAMETER}                              EACH                            0.00        0.00      0.00      600.00     600.00         TREE MEASURED AT 4' ABOVE GRADE
   181      FORESTRY    TREE REMOVAL FEE (30" - 36" DIAMETER)                                 EACH                            0.00        0.00      0.00      900.00     900.00        TREE MEASURED AT 4' ABOVE GRADE
--:;-ez--i=BFfESTRY     TREE REMOVAL FEE (36" - 42" DIAMETER)                                 EACH                            0.00        0.00      0.00-   1.100.00   1,100.00        TREE MEASURED AT 4' ABOVE GRADE
~~ESTRY                 TREE REMOVAL FEE (42" AND OVER DIAMETER)                              EACH                            0.00        0.00      0.00    1.300.00   1,300.00         TREE MEASURED AT 4' ABOVE GRADE
   184     INCOME TAX   DELINQUENT PAYMENT AGREEMENT ADMINISTRATION FEE                       EACH                            0.00        0.00      0.00       15.00      15.00        PLUS RELATED PENALTIES &-INTERES_I
   185 INSPECTION SVC BUJI..DING DEMOLITION PERMIT {COMMERCIAL}                               EACH                         25.00%      25.00%    25.00%      25.00%     25.00%        ____Qf_ VALUE: $10.00 MINIMUM FEE
   186 INSPECTION SVC BUILDING DEMOLITION PERMIT (GARAGE}                                     EACH                           15.00       15.00     15.00       15.00      15.00
   187 INSPECTl6N SVC BUILDING DEMOLITION PERMIT (RESIDENTIAL)                                EACH                           45.00       45.00     45.00       45.00      45.00
   188 INSPECTION SVC BUILDING PERMIT FEES ($1-$500 VALUE)                                    EACH                           25.00       25.00     25.00       25.00      23.50            PER UNIFORM BUILDING CODE              -6.00%
   189 !NSPECTIONsvc7iUILD!NG PERMIT FEES ($501-$2,000 VALUE)                                 BASE                           25.00       25.00     25.00       25.00      23.50            PER UN/FORM BUILDING CODE              -6.00%



                                                                                                                       Pago3
                                                                                                CITY OF MUSKEGON
                                                                                       Master Fee Resolution - Schedule of Fees
                                                                                                 {Effective 1/1/2001)


                                                                                                                           1997        1998       1999         2000        2001             DEPARTMENT                 %
              DEPT                                   DESCRIPTION                       UNIT                                FEE          FEE       FEE           FEE         FEE              COMMENTS                CHANGE

  190     INSPECTION SVC    BUILDING PERMIT FEES ($501-$2,000 VALUE}                   EACH ADDITIONAL $100               2,75          2,75      2.75           2.75        3.05     PER UNIFORM BUILDING CODE      10.91%
  191     INSPECTION SVC    BUILDING PERMIT FEES ($2,001-$25,000 VALUE)                BASE                              63.00         63.00     63.00          63,00       69.25     PER UNIFORM BUILDING CODE      9.92%
  192     INSPECTION SVC    BUILDING PERMIT FEES ($2,001-$25,000 VALUE)                EACH ADDITIONAL S1 ,000           12.50         12.50      fa.so         12.50       14.00     PER UNIFORM BUILDING CODE      12.00%
  193     INSPECTION SVC    BUILDING PERMIT FEES ($25,001-S50,000 VALUE)               BASE                             352.00        352.00     352.00        352.00      391.75     PER UNIFORM BUILDING CODE      11.29%
  194     INSPECTION SVC    BUILDING PERMIT FEES ($25,001-$50.000 VALUE)               EACH ADDITIONAL $1.000             9.00          9.00       9.00          9.00       10.10     PER UNIFORM BUILDING CODE      12.22%
  195     INSPECTION SVC    BUILDING PERMIT FEES ($50,001-$100,000 VALUE)              BASE                             580.00        580.00     580.00        580.00      643.75     PER UNIFORM BUILDING CODE      10.99%
  196     INSPECTION SVC    BUILDING PERMIT FEES ($50,001-$100.000 VALUE)              EACH ADDITIONAL $1.000             6.25          6.25       6.25          6.25        7.00     PER UNIFORM BUILDING CODE      12.00%
  197     INSPECTION SVC    BUILDING PERMIT FEES ($100,001-$500,000 VALUE}             BASE                             895.00        895.00     895.00        895.00 ~ 3 . 7 5       PER UNIFORM BUILDING CODE      11.03%
  198     INSPECTION SVC    BUILDING PERMIT FEES ($100,001-$500,000 VALUE}             EACH ADDITIONAL $1,000             5.00          5.00       5.00          5.00        5.60     PER UNIFORM BUILDING CODE      12.00%
  199     INSPECTION SVC    BUILDING PERMIT FEES ($500,001-$1,000,000 VALUE)           BASE                           2,855.00      2.855.00   2.855.00      2.855.00    3.233.75     PER UNIFORM BUILDING CODE      13.27%
  200     INSPECTION SVC    BUILDING PERMIT FEES ($500,001-S1,000,000 VALUE)           EACH ADDITIONAL $1,000             4.25          4.25   ~-----425                     4.75     PER UNIFORM BUILDING CODE      11.76%
  201     INSPECTION SVC    BUILDING PERMIT FEES (OVER $1,000,000 VALUE)               BASE                           4.955.00      4,955.00   4,955.00      4,955.00    5,608.75     PER UNIFORM BUILDING CODE      13.19%
  202     INSPECTION SVC    BUILDING PERMIT FEES (OVER $1.000.000 VALUE)               EACH ADDITIONAL $1,000             2.75          2.75       2.75          2.75        3.65     PER UNIFORM BUILDING CODE      32.73%
  203     INSPECTION SVC    BUILDING PERMIT (INSPECTION-SPECIAL REINSPECTION, ETC.}    PER HOUR                          35.00         35.00      35.00         35.00       50.00          MINIMUM 2 HOURS           42.86%
  204     INSPECTION SVC    BUILDING PERMIT (PRE-MANUFACTURED RESIDENTIAL STRUCTURE)   EACH                            50.00%        50.00%     50.00%        50.00%      50.00%    OF REGULAR BUILDING PERMIT FEE
  205     INSPECTION SVC    BUILDING PLAN REVIEW FEE (INCL FIRE REVIEW)                PERMIT FEE                      65.00%        65.00%     65.00%        65.00%      65.00%       OF APPLICABLE PERMIT FEE
  206     INSPECTION SVC    BUILDING-PARKING LOT PAVING PERMIT                         EACH                              50.00         50.00      50.00         50.00       50.00
  207     INSPECTION SVC    BUILDING-SIGN PERMIT (OFF PREMISE}                         EACH                              50.00         50.00      50.00         50.00       50.00   MIN; OTHERWISE BASED ON VALUE
  206     INSPECTION SVC    BUILDING-SIGN PERMIT {ON PREMISE)                          EACH                              25.00         25.00      25.00         25.00       25.00   MIN: OTHERWISE BA_S:~ON VALUE
  209     INSPECTION SVC    ELECTRICAL PERMIT (BASE PERMIJ}                            BASE                              35,00         35.00      35.00         35.00       35.00
  210     INSPECTION SVC    ELECTRICAL PERMIT {BASEBOARD HEAT UNITS)                   EACH                               8.00          8.00       8.00          8.00        8.00
  211     INSPECTION SVC    ELECTRICAL PERMIT {CIRCUITS)                               EACH                               5.00          5.00       5.00          5.00        5.00
  212     INSPECTION SVC    ELECTRICAL PERMIT {DISHWASHER)                             EACH                               8.00          8.00       8.00          8.00        8.00
  213     INSPECTION SVC    ELECTRICAL PERMIT {ENERGY RETROFIT/TEMP CONTROL)           EACH                              45.00         45.00      45.00         45.00       45.00
  214     INSPECTION SVC    ELECTRICAL PERMIT (FEEDERS, BUS DUCTS, ETC.)               EACH50'                            9.00          9.00       9.00          9.00        9.00
  215     !NSPECTION SVC    ELECTRICAL PERMIT (FIRE ALARM 1-10 DEVICES)                EACH                              75.00         75.00      75.00         75.00       75.00
  216     INSPECTION SVC    ELECTRICAL PERMIT {FIRE ALARM 11-20 DEVICES) _             EACH                             150.00        150.00     150.00        150,00      150.00
  217     INSPECTION SVC    ELECTRICAL PERMIT (FIRE ALARM EA. STATION OVER 20 DEV)     EACH DEVICE                        8.00          8.00       8.00          8.00        8.00
    218   INSPECTION SVC    ELECTRICAL PERMIT (FURNACE-UNIT HEATER)                    EACH                               8,00          8.00       8.00          8.00        8.00
·-· 219   INSPECTION SVC    ELECTRICAL PERMIT (HAZARDOUS LOCATION AREA)                EACH                           200.rioo/;-   200.00%    200.00%       200.00%     200.00%         DOUBLE REGULAR FEE
  220     INSPECTION SVC    ELECTRICAL PERMIT (INSPECTION-ADDITIONAL)                  PER HOUR                          35.00         35.00      35.00         35.00       50.00          MINIMUM 1 HOUR            42.86%
  221     INSPECTION SVC    ELECTRICAL PERMIT (INSPECTIQN-FlNAL}                       EACH                              35.00         35.00      35.00         35.00       35.00
  222     INSPECTION SVC    ELECTRICAL PERMIT (INSPECTION-HOURLY FEE)                  HOUR                              40.00         40.00      40.00         40,00       50.00           MINIMUM 1 HOUR           25.00%
  223     INSPECTION SVC    ELECTRICAL PERMIT (INSPECTION-SPECIAUSAFETY}               HOUR                              45.00         45.00      45.00         45.00       50.00           MINIMUM 1 HQUR           11.11%
  224     INSPECTION SVC    ELECTRICAL PERMIT (10/A OR HP UP TO 20)                    EACH                               9.00          9,00       9.00          9.00        9.00
  225     INSPECTION SVC    ELECTRICAL PERMIT (10/A & HP 21 TO 50)                     EACH                              15.00         15.00      15.00         15,00       15.00
  226     INSPECTION SVC    ELECTRICAL PERMIT (10/A & HP SO AND OVER)                  EACH                              18.00         18.00      18.00         18.00       18.00
  227     INSPECTION SVC    ELECTRICAL PERMIT (LIGHTING FIXTURES-PER 25)               EACH                               9.00          9.00       9.00          9,00        9.00
  228     INSPECTION SVC    ELECTRICAL PERMIT (METER INSPECTION/POWER TURN-ON)         EACH                              25.00         25.00      25.00         25.oo       25.00
  229     INSPECTION SVC    ELECTRICAL PERMIT (MOBILE HOME SlTE)                       EACH                               9.00          9.00       9.00          9.00        9.00
  230     INSPECTION SVC    ELECTRICAL PERMIT (POWER OUTLETS-INC RANGES, DRYERS)       EACH                              10.00         10.00      10.00         10.00       10.00
  231     INSPECTION SVC    ELECTRICAL PERMIT (RECREATIONAL VEHICLE SITE)              EACH                               8.00          8,00       8.00          8,00        8.00
--232     INSPECTl6N Svc    ELECTRICAL PERMIT (SERVICES OTO 200 AMP)                   EACH                              15.00         15.00      15.00         15.00       15.00
  233     INSPECTION SVC    ELECTRICAL PERMIT (SERVICES 201 TO 600 AMP)                EACH                              20.00         20.00      20.00         20.00       20.00
  234     INSPECi"ioN svC   ELECTRICAL PERMIT (SERVICES 601 TO 800 AMP)                EACH                              23.00         23.00      23.00         23.00       23.00
  235     INSPECTION SVC    ELECTR\CAL PERMIT (SERVICES 801 TO 1200 AMP}               EACH                              30.00         30.00      30.00         30,00       30.00
  236     INSPECTION SVC    ELECTRICAL PERMIT (SERVICES OVER 1200 AMP/GFI ONLY)        EACH                              50.00         50.00      50.00         50.00       50.00
  237     INSPECTlON SVC    ELECTRICAL PERMIT (SIGNS LETTER}                           EACH                              15.00         15,00      15.00         15.00       15.00
  238     INSPECTION SVC    ELECTRICAL PERMIT (SIGNS NEON)                             EACH25'                            2.00          2.00       2.00          2.00        2.00
  239     INSPECTION SVC    ELECTRICAL PERMIT (SIGNS UNIT)                             EACH                              10,00         10,00      10.00         10.00       10.00
  240     INSPECTION SVC    ELECTR\CAL PERMIT (SPECIAL CONDUIT/GROUNDING)              EACH                              45.00         45.00      45.00         45.00       45.00
  241     INSPECTION SVC    ELECTRICAL PLAN REVIEW FEE                                 EACH                            25.00%        25.00%     25.00%        25.00%      25.00%       OF APPLICABLE PERMIT FEE
  242     INSPECTION SVC    GARAGE MOVING FEE                                          EACH                             200.00        200.00     200.00        200.00      200.00
  243     INSPECTION SVC    HOUSE MOVING FEE                                           EACH                             500.00        500.00     500,00        500.00      500.00
  244     INSPECTION SVC    HOUSING INSPECTION                                         EACH-BASE                         50.00         50.00      60.00         eo~oo---    60.00
  245     INSPECTION SVC    HOUSING INSPECTION                                         PER UNIT OVER 1                   10.00         10.00      10.00         10.00       10.00
  246     INSPECTION SVC    HOUSING RE-INSPECTION (EXTERIOR DEFECTS ONLY)              EACH                              30.00         30.00      30.00         30.00       30.00
                                                                                                                                                  40.00 _______ 40.00
  247     INSPECTION SVC    HOUSING RE-INSPECTION                                      EACH-BASE                         35.00         35.00                                40.00
  248     INSPECTION SVC    HOUSING RE-INSPECTION (MULTIPLE UNITS)                     PER UNIT OVER 1                    5.00          5.00       5.00          5.00        5.00
  "249    INSPECTION SVC    HOUSING-NO SHOW FEE                                        EACH                              40.00         40.00      40.00         40.00       40.00
  250     INSPECTION SVC    HOUSING-RENTAL HOUSING REGISTRATION FEE                    EACH PROPERTY                     25.00         25,00      25.00         25.00       25.00
  251     INSPECTION SVC    HOUSING-SEARCH WARRANT INSPECTION FEE                      EACH                             100.00        100.00     100.00        100.00      100.00
  252     INSPECTION SVC    HOUSING-WARRANT INSPECTION FEE                             EACH                             150.00        150.00     150.00        150.00      150.00
  253     INSPECTION SVC    LIQUOR LICENSE INSPECTION FEE                              EACH                              75,00         75,00      75.00         75.00       75.00



                                                                                                                   Pago4
                                                                                                   CITY OF MUSKEGON
                                                                                          Master Fee Resolution - Schedule of Fees
                                                                                                     (Effective 1/1/2001)


                                                                                                                                 1997     1998         1999      2000      2001                 DEPARTMENT             %
             DEPT                                   DESCRIPTION                           UNIT                                   FEE       FEE          FEE       FEE       FEE                  COMMENTS            CHANGE

 254     INSPECTION SVC    LIQUOR LICENSE RE-INSPECTION FEE                               EACH                               45.00       45.00        45.00     45.00     45.00
 255     INSPECTION SVC    MECHANICAL PERMIT (AIR HANDLERS-COMMERCIAL HOODS)              EACH                               15.00       15.00        15.00     15.00     15.00
 256     INSPECTION SVC    MECHANICAL PERMIT (AIR HANDLERS-OVER 10,000 CFM)               EACH                               60.00       60.00        60.00     60.00     60.00
 257     lNSPECTION SVC    MECHANICAL PERMIT (AIR HANDLERS-RES BATH & KITCHEN)            EACH                                 5.00        5.00         5.00      5.00     5.00
 258      INSPECTION SVC   MECHANICAL PERMIT {AIR HANDLERS-UNDER 10,000 CFM)              EACH                               20.00       20.00        20.00     20.00     20.00
 259      INSPECTION SVC   MECHANICAL PERMIT (A/C & REFRIG-CHILLER)                       EACH                               30.00       30.00        30.00     30.00     30.00
 260      INSPECTION SVC   MECHANICAL PERMIT (A/C & REFRIG-COMPRESSOR)                    EACH                               30.00       30.00        30.00     30.00     30.00
 261      INSPECTION SVC   MECHANICAL PERMIT (A/C & REFRIG-COOLING TO\IVERS)              EACH                               30.00       30.00        30.00     30.00     30.00
 262      INSPECTION SVC   MECHANICAL PERMIT (A/C & REFRIG-EVAPORATOR COILS)              EACH                               30.00       30.00        30.00     30.00     30.00
 263      INSPECTION SVC   MECHANICAL PERMIT (A/C & REFRIG-REFRIGERATION SPLIT SYSTEM)    EACH                               30.00       30.00        30.00     30.00     30.00
 26<      INSPECTION SVC   MECHANICAL PERMIT (BASE PERMID                                 EACH                               35.00       35.00        35.00     35.00     35.00
 265      INSPECTION SVC   MECHANICAL PERMIT (FIRE SUPPRESSION/DUCT)                      PER FOOT                             0.10        0.10         0,10      0.10     0,10               $25.00 MlNIMUM FEE
 266      INSPECTION SVC   MECHANICAL PERMIT (FIRE suPPRESSION/PlPING)                    PER FOOT                             0,05        0,05         0,05      0.05     0.10               $25.00 MINIMUM FEE     100.00%
 267      INSPECTION SVC   MECHANICAL PERMIT (FIRE SUPPRESS!ONIRESTAURANT HOODS)          EACH                                15.00       15.00        15.00     15.00    50.00                                      233.33%
 268      INSPECTION SVC   MECHANICAL PERMIT (FlRE SUPPRESSION/SPRINKLER HEADS)           PER HEAD                             0.75        0.75         0.75      0.75     0.75 _ _ _ _ _ _ _ $20.00MINIMUM FEE
 269      INSPECTION SVC   MECHANICAL PERMIT (HEAT RECOVERY UNITS/THRU-WALL FAN COILS)    EACH                                10.00       10.00        10.00     10.00    10.00
 270      INSPECTION SVC   MECHANICAL PERMIT (HEATING-BOILER CONTROLS, PUMPS)             EACH                                10.00       10.00        10.00     10.00    10.00
 271      INSPECTION SVC   MECHANICAL PERMIT (HEATING-BOILERS)                            EACH                               30.00       30.00        30.00     30.00     30.00
 272      INSPECTION SVC   MECHANICAL PERMIT (HEATING-CHIMNEY, FACTORY BUILT)             EACH                               25.00       25.00        25.00     25.00     25.00
 273      INSPECTION SVC   MECHANICAL PERMIT (HEAT\NG-FLUENENT DAMPER)                    EACH                                 8.00        8.00         8.00      8.00     8.00
 27'      INSPECTION SVC   MECHANICAL PERMIT \HEATING-GAS FIRE PLACES)                    EACH                               20.00       20.00        20.00     20.00     20.00
 275      INSPECTION SVC   MECHANICAL PERMIT (HEATING-GAS PIPE TESTING NEW SERVICE)       EACH                               20.00       20.00        20.00     20.00     20.00
 276      INSPECTION SVC   MECHANICAL PERMIT (HEATING-GAS PIPING EACH OPENING}            EACH                                 5.00        5.00         5.00      5.00     5.00
 277      !NSPECTION SVC   MECHANICAL PERMIT (HEATING-GAS/Oil BURNING EQUIPMENT)          EACH                                30.00       30.00        30.00    30.00     30.00
 278      INSPECTION SVC   MECHANICAL PERMIT (HEATING-HEAT PUMPS COMMERCIAL)              EACH                                30.00       30.00        30.00    30.00     30.00
          INSPECTION SVC   MECHANICAL PERMIT (HEATING-HEAT PUMPS, COMPLETE RESIDENT)      EACH                               30.00        30.00        30.00    30,00     30.00
 "'
 280
 281
          INSPECTION SVC
          INSPECTION SVC
                           MECHANICAL PERMIT (HEATING-HEAT PUMPS, COMPLETE RESIDENT)
                           MECHANICAL PERMIT (HEATING-RESIDENTIAL A/C)
                                                                                          EACH
                                                                                          EACH
                                                                                                                              30.00
                                                                                                                              30.00
                                                                                                                                          30.00
                                                                                                                                          30.00
                                                                                                                                                       30.00
                                                                                                                                                       30.00
                                                                                                                                                                30.00
                                                                                                                                                                30.00
                                                                                                                                                                          30.00
                                                                                                                                                                          30.00
 282      INSPECTION SVC   MECHANICAL PERMIT (HEATING-RESIDENTIAL SYSTEM)                 EACH                                50.00       50.00        50.00     50.00    50.00
 283      INSPECTION SVC   MECHANICAL PERMIT (HEATING-SOLJI.R, SET OF 3 PANELS)           EACH                                20.00       20.00       20.00     20.00     20.00
 28'      INSPECTION SVC   MECHANICAL PERMIT (HEATING-SOLID FUEL EQUIPMENT COMPLETE)      EACH                                30.00       30.00        30.00     30.00    30.00
 285      INSPECTION SVC   MECHANICAL PERMIT (HEATING-WATER HEATER)                       EACH                                10.00       10.00        10.00     10.00    10.00
 286      INSPECTION SVC   MECHANICAL PERMIT (HUMIDIFIERS)                                EACH                                10.00       10.00        10.00     10.00    10.00
 287      INSPECTION SVC   MECHANICAL PERMIT (INSPECTION-ADDITIONAL)                      EACH                                35.00       35.00        35.00     35.00    35.00
 288      INSPECTION SVC   MECHANICAL PERMIT (INSPECTION-FINAL)                           EACH                                35.00       35.00        35.00     35.00    35.00
 289      INSPECT\ON SVC   MECHANICAL PERMIT (INSPECTION-HOURLY RA TE)                    EACH                                40.00       40.00        40.00     40.00    50.00                                      25.00%
 290      INSPECTION SVC   MECHANICAL PERMIT (INSPECTION-SPECIAUSAFETY)                   EACH                                45.00       45.00        45.00     45.00    so.co                                      11.11%
 291      INSPECTION SVC   MECHANICAL PERMJT (INSPECTION-TURN ON GAS}                     EACH                                35.00       35.00        35.00     35.00     35.00
 292      INSPECTION SVC   MECHANICAL PERMIT (PROCESS PIPING/HAZARDOUS 1-4 OUTLETS)       EACH                                 5.00        5.00         5.00      5.00      5.00
 293      INSPECTION SVC   MECHANICAL PERMIT (PROCESS PIPING/HAZARDOUS 5+ MORE OUTLETS)   PER OUTLET                           1.00        1.00         1.00      1.00      1.00
 294      INSPECTION SVC   MECHANICAL PERMIT (PROCESS PIPING/NON-HAZARDOUS 1-4 OUTLETS)   EACH                                 2.00        2.00         2.00      2.00      2.00
 295      INSPECTION SVC   MECHANICAL PERMIT (PROCESS PIPING/NON-HAZARDOUS 5+ OUTLETS)    PER OUTLET                           0.50        0.50         0.50      0.50      0.50
 296      INSPECTION SVC   MECHANICAL PERMIT {ROOFTOP HVAC UNIT)                          EACH                                60.00       60.00        60.00     60.00     60.00
 297      INSPECTION SVC   MECHANICAL PERMIT (TANKS-ABOVEGROUND)                          EACH                                20.00       20.00        20.00    20.00     20.00
 298      INSPECTION SVC   MECHANICAL PERMIT (TANKS-UNDERGROUND)                          EACH                                25.00       25.00        25.00    25.00     25.00
 299      INSPECTION SVC   MECHANICAL PERMIT {UNIT HEATERS/TERMINAL UNITS)                EACH                                15.00       15.00        15.00     15.00     15.00
 300      INSPECTION SVC   MECHANICAL PERMIT (UNIT VENTILJI.TORS)                         EACH                                10.00       10.00        10.00     10.00     10.00
 301      INSPECTION SVC   MECHANICAL PLAN REVIEW FEE                                     EACH                              25.00%      25.00%       25.00%    25.00%    25.00%           OF APPLICABLE PERMIT FEE
 302      lNSPECTION SVC   PLUMBING PERMIT (BASE PERMID                                   EACH                                35.00       35.00        35.00     35.00     35.00
 303      INSPECTION SVC   PLUMBING PERMIT {CONNECTION BLDG. DRAIN; SEVVERS AT STREET)    EACH                                 8.00        8.00         8.00      8.00      8.00

 '°'
 3o5
 306
          INSPECTION SVC
          INSPECTION SVC
          INSPECTION SVC
                           PLUMBING PERMIT (FIXTURES. FLOOR DRAINS. LAB DEVICES)
                           PLUMBING PERMIT (INSPECTION ADDITIONAL}
                           PLUMBING PERMIT (INSPECTION FINAL)
                                                                                          EACH
                                                                                          EACH
                                                                                          EACH
                                                                                                                               8.00
                                                                                                                              35.00
                                                                                                                              35.00
                                                                                                                                           8.00
                                                                                                                                          35.00
                                                                                                                                          35.00
                                                                                                                                                        8.00
                                                                                                                                                       35.00
                                                                                                                                                       35.00
                                                                                                                                                                  8.00
                                                                                                                                                                 35.00
                                                                                                                                                                 35.00
                                                                                                                                                                           8.00
                                                                                                                                                                          35.00
                                                                                                                                                                          35.00
 307      INSPECTION SVC   PLUMBING PERMIT {INSPECTION HOURLY FEE)                        EACH                                45~00       40.00        40.00     40.00    50.00                                      25.00%
 306      INSPECTION SVC   PLUMBING PERMIT {INSPECTION SPECIAUSAFETY}                     EACH                                45.00       45.00        45.00     45.00    50.00                                      11.11%
 309      INSPECTION SVC   PLUMBING PERMIT {MANHOLES-CATCHBASINS}                         EACH                                10.00       10.00
                                                                                                                                                --     10.00     10.00    10.00
 310      INSPECTION SVC   PLUMBING PERMIT(REDUCED PRESSURE BACKFLOW PREVENTER)           EACH                                 8.00        8.00         8.00      8.00    10.00                                      25.00%
 311      INSPECTION SVC   PLUMBING PERMIT {SEWAGE SUMPS & EJECTORS)                      EACH                                 8.00        8.00         8.00      8.00    10.00                                      25.00%
  312     INSPECTION SVC   PLUMBING PERMIT (SE\IVERS-SANITARY OR STORM OVER 6')           EACH                                25.00       25.00        25.00    25.00     25.00
-313    . INSPECTION SVC   PLUMBING PERMIT (SEVVERS-SANITARY OR STORM UNDER 6")           EACH                                 8.00        8.00         8.00      8.00     8.00
 31<      INSPECTION SVC   PLUMBING PERMIT (STACKS. VENTS. CONDUCTORS)                    EACH                                 5.00        5.00         5.00      5.00     5.00
 315      INSPECTION SVC   PLUMBING PERMIT (SUB-SOIL DRAINS)                              EACH                                 8.00        8.00         8.00      8.00     8.00
 316      INSPECTION SVC   PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM-1-1/2")             EACH                                30.00       30.00        30.00     30.00    30.00
 317      INSPECTION SVC   PLUMBING PERMIT (:NATER DISTRIBUTION SYSTEM-1-1/4")            EACH                                23.00       23.00        23.00     23.00    23.00



                                                                                                                       l'ase 5
                                                                                         CITY OF MUSKEGON
                                                                                Master Fee Resolution - Schedule of Fees
                                                                                          {Effective 1/1/2001)


                                                                                                                     1997             1998           1999            2000            2001                  DEPARTMENT                                         %
            DEPT                                      DESCRIPTION               UNIT                                     FEE           FEE            FEE             FEE             FEE                  . COMMENTS                                   CH~JIJ.G!:

 318  INSPECTION SVC PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM-1")             EACH                              15.00             15.00           15.00          15.00            15.00
 319  INSPECTION SVC PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM-2")             EACH                              38.00             38.00           38.00          38.00            38.00
 320  INSPECTION SVC PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM-3/4")           EACH                               8.00              8.00            8.00           8.00             8.00
 321  INSPECTION SVC PLUMBING PERMIT (WATER DISTRIBUTION SYSTEM-OVER 2'1        EACH                              4S.00             4S.00           45.00          45.00            45.00
 322  INSPECTION SVC PLUMBING PERMIT (WATER SERVICE 2'' TO 6'1                  EACH                              2S.00             2S.00           25.00          25.00            25.00
 323  INSPECTION SVC PLUMBING PERMIT (WATER SERVICE LESS THAN 2'1               EACH                               8.00              8.00            8.00           8.00             8.00
 ·324 INSPECTION SVC PLUMBING PERMIT (WATER SERVICE OVER 6'1                    EACH                              50.00             S0.00           S0.00          50.00            50.00
  325 INSPECTION SVC PLUMBING PLAN REVIEW FEE                                   EACH                            25.00%            25.00%          25.00%         25.00%           25.00%            .QF APPLICABLE PERMIT FEE
  326     MARINA     20 FOOT SLIP                                               EACH                           1,126.00          1,145.00        1,180.00       1,240.00         1,300.00                                                                 4.84%
  327     MARINA     30 FOOT SLIP                                               EACH                           1,375.00          1,395.00        1.440.00       1,510.00         1.S85.00                                                                 4.97%
  32'     MARINA     40 FOOT SUP                                                EACH                           2,250.00          2,295.00        2,365.00       2,480.00         2,605.00                                                                 5.04%
  329     MARINA     HARD ACCESS {SLIPS 37-46, 69) UNDER 27' ONLY               EACH                               0.00              0.00            0.00           0.00         1,090.00                                                              ... NEWFEE-
  330     MARINA     CLASS A MOORING                                            EACH                             300.00            30S.OO          31S.OO         325.00           340.00                                                                 4.62%
  331     MARINA     CLASS B MOORING                                            EACH                             2S0.00            25S.OO          26S.OO         275.00           290.00                                                                 5.45%
  332     MARINA     DAILYL''"',...'--''""..,
                                ,um..,n ,v,,ov1r-                               EACH                               "'
                                                                                                                   o.uu              e"
                                                                                                                                     o.uu             e 00
                                                                                                                                                     o.             5.00             5.00
 ~ MARINA----isD .•.•   1..1i:>ni1T
                              -- .                                              EACH                               ,1nn              ,1nn            ,1
                                                                                                                                                     ~.00           4.00             4.00
  334     MARlNA     SEASONAL LAUNCH RAMP STICKER                               RESIDENT                          35.00             3S.00           35.00          3S.00            35.00
  335     MARINA     SEASONAL LAUNCH RAMP STICKER                               NON•RESIDENT                      50.00             S0.00           50.00          S0.00            50.00
  336     MARINA     SEASONAL LAUNCH RAMP STICKER (SENIOR/HANDICAPPED)          -EACH                             15.00             15.00           15.00          15.00            15.00
 337      MARINA     SEASONAL LAUNCH RAMP STICKER (SENIOR/HANDICAPPED)          NON•RESIDENT                       0.00             30.00           30.00          30.00            30.00                    NEW FEE-
  338     MARINA     SMALL BOAT BASIN                                           EACH                             61S.OO            63S.OO          65S.OO         67S.OO           710.00                                                                   ·sJ§%-
  339     MARINA     DRY STORAGE (RESIDENTS)                                    EACH                               0.00              0.00            0.00         100.00           100.00
  340     MARINA     DRY STORAGE (NON-RESIDENTS)                                EACH                               0.00              0.00            0.00         1S5.00           1S5.00
  341     MARINA     TRAILER STORAGE                                            EACH                               0.00              0.00            0.00          S0.00            S0.00
  342     PARKING    CLAY STREET PARKING ANNUAL FEE                             PER°sPACE                        225.00            22S.OO          230.00         230.00           240.00                                                                   4.35%
  343     PARKING    CLAY STREET PARKING ANNUAL FEE (SO+ SPACES)                PER SPACE                        190.00            190.00          205.00         205.00           221.00                                                                   7.80%
  344     PARKING    CLAY STREET PARKING MONTHLY FEE                            .PEit·i:n:>AC_E_                  25.00             25.00           26.00          26.00            28.00                                                                   7.69%
  345     PARKING    CLAY STREET PARKING SEMl·ANNUAL FEE                         PER SPACE                       125.00            12S.OO          130.00         130.00           140.00                                                                   7.69%
  346      PARK$     HACKLEY PARK PARTIES IN THE PARK                            EACH EVENT                      S00.00            500.00          500.00         500.00           S00.00      PLUS ~"- Of:_~VENT P-ROFIT OVER SS.000
  347      PARKS     MC GRAFT PARK BLDG. (CHURCH & NON-PROFIT G.RdUPS)           FIRST 4 HOURS                    60.00             60.00           60.00          70.00            70.00
  348      PARKS     MC GRAFT PARK BLDG. (CHURCH & NON-PROFIT GROUPS)            PER ADDITIONAL HOUR              15.00             15.00           15.00          15.00            15.00
  349      PARKS     MC GRAFT PARK BLDG. (INSTRUCTIONAL PROGRAMS)                PER HOUR                         15.00             15.00           15.00          15.00            15.00
  350      PARKS     MC GRAFT PARK BLDG. (WEEKDAYS NOT REGULAR GROUPS}          PERAOi5rf1bNACRdUf{               15.00             15.00           15.00          15.00            20.00                                                                   33.33%
  351      PARKS     MC GRAFT PARK BLDG. (WEEKDAYS NOT REGULAR GROUPS}          FIRST 4 HOURS                     70.00             70.00           70.00          80.00            80.00
  352      PARKS     MC GRAFT PARK BLDG. (WEEKENDS NOT REGULAR GROUPS)          PERADDiTiONAL HOUR                15.00             15.00           15.00          15.00            2S.00                                                                   66.67%
  353      PARKS     MC GRAFT PARK BLDG. (WEEKENDS NOT REGULAR GROUPS)          FIRST 4 HOURS                     80.00             80.00           80.00         100.00           100.00
  354      PARKS     MC-GRAFT PARK KITCHEN (INSTRUCTIONAL PROGRAMS)             FLAT                              15.00             15.00           15.00          15.00             0.00      FEE ELIMINATED-   INCLUDED   IN   RENTAL                 -100.00%
  36S      PARKS     MC GRAFT PARK KITCHEN (WEEKDAYS 4PM-11PM REGULAR GROUPS)   FLAT                              15.00             15.00           15.00      ·-15.00-~                       FEE ELIMlNATED-   INCLUOEO   IN   FfENTAL                -100.00%
  356      PARKS     MC GRAFT PARK KITCHEN (WEEKDAYS 8AM-4PM REGULAR GROUPS)    FLAT                              15.00             15.00           15.00           1s.60             0.00     FEE ELIMINATED-   INCLUDED   IN   RENTAL                 -100.00%
  357      PARKS     MC GRAFT PARK KITCHEN (WEEKENDS)                           FLAT                              15.00             15.00           15.00           15.00             0.00     FEE ELIMINATED-   INCLUDED   IN   RENTAL                 -100.00%
  358      PARKS     MC GRAFT PARK MUSIC BOWL                                   HOUR                              30.00             30.00           30.00           40.00            40.00



                                                                                                                                                                                -·-
  359      PARKS     PARKS (LIGHT COSTS BALL DIAMONDS}                          EACH                              30.00             30.00           30.00           40.00            40.00
  360

  361

  362
           PARKS

           PARKS

           PARKS
                         PARKS (MOVE BENCHES)

                         PARKS (MOVE BLEACHERS)

                         PARKS (MOVE PICNIC TABLES)
                                                                                EACH
                                                                                EACH
                                                                                EACH
                                                                                                              ~--
                                                                                                              ACTUAi.COSTS




                                                                                                              ACTUAi.COSTS
                                                                                                                                ACT\!ALCOSTS


                                                                                                                                ACT\JA<.COSTS


                                                                                                                                ACTUAL COSTS
                                                                                                                                                ACTUAL COSTS


                                                                                                                                                ACTUA<.COSTS


                                                                                                                                                ACTUAL COSTS
                                                                                                                                                               ACTUAi.COSTS


                                                                                                                                                               ACTUAi.COSTS


                                                                                                                                                               AClUA!. COSTS
                                                                                                                                                                                -·-
                                                                                                                                                                                ACT\!ALCOSTS


  363      PARKS         PARKS (MOVE STAGE)                                     EACH                          ACT\!ALCOSTS      ACTUAL COSTS    ACTUAi.COSTS   ACTUAi.COSTS     ACT\!ALCOSTS


  364      PARKS         PARKS (SNOW FENCE)                                     EACH                          ACT\!ALCOSTS      ACTUAL COSTS    ACTUAL COSTS   ACTUAi. COSTS    ACTUAL COSTS

  365      PARKS         PARKS (SNOW FENCE RENTAL· NON-RESIDENTS}               -PER ROL[                                0.00          0.00           s.oo            5.00            5.00
  366      PARKS         PARKS (USE OF GARBAGE CANS}                            EACH                          ACT\JA<.COSTS     ACl\/AL COSTS   ACTUAL COSTS   ACTUAi.COSTS     ACTUAL COSTS




·--~j~::::-{~~~~~l ·······•lit~:&ijJliji@§1'.·f§:1\·:·g·~~R                     !~~           ------~ i'.ii===::::::~i:il::::::::::~i!'.il·· · · · ~ii:il:::=~==:~!:~!
                                                                                                                     2
                                                                                                                                                                                                                                                            s6~00%____
 . .~;~·· •·•·~::lgjm~g                                6
                       ::::::::~~~t~~~~ii::¥r&HE~i;~7NNtf~Bl~m~iHCfFEE-------~§~REQO"r~ST
 ":§:72--P[ANNING···--····rFT/CFT)i"/5P[iCAT'ii5N"'F'E:'E         ._ _ _ _ _ _ _ _ EACH
                                                                                                                    20
                                                                                                                    rir===·::?.2-~Er::::::~~Q~'.~r··-=Jq~'.~~
                                                                                                                1·,122J:Jo---f7f:f.OO'""·-- 1.722.00
                                                                                                                                                                               --~.~~~:~~
                                                                                                                                                                                     OR 2% OF ABATED TAXES-('NHICHEVER IS LESS}
                                                                                                                                                      :c122:oo·······{'i22:0o····-···o1r2%··0FXBA'fEDTPJFi"REPFf6i5iJCTi"OiT(ENIARi:'3'ED•1-----------EACH'----------,,,s.oo-~1g:oo-----1s-.-iro-··-- 15.00                                                      15 00
     391········......PbL1cE·..............PHOTOGRAPH.REPRODUCTfON (STD SIZE)                                                      EACH~---------,10.00 - 10.60 -           10.00             10.00 . 10.dci
--···3si2 ___ ..,_... _Pi5CiCE .....---·..-s:,;;[vAGETNSPEC'i'TC5N                                                      __________ EACH             2.7.00      27.oo----27~00····-..···. ·21:oo·-·. --27~0ci
..-··393·..·-·-···-· POLICE··--·-· VEHICl.E tMMOBIUZATION DEVICE REMOVAL FEE                                                       EACH,__________",o.oo         0.00        0.00             65.00                65.0ci
    394..........- ...·-po[iCE-···-·-··vE-HiCi]~··iNSPECfii5N                                                                      EACH             2t.ci~o-·-·--z1.oo--·-:rt:oo·..... ___ ...21:ocr..... __ ..... 27~0ci

--i:i~--~;g1r       gr-~~~::~l~1:;~;;;i:1:;¥:+-~RDERED)                                                               ;i~y    30 DAYS                            ;ir==~r&i:::=~~i~~~~~gg_____J.Ul                                                    FEE"MAWDATE-6 sy·stATE




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  !~!: =:==~li~!ig~::=~~f
                          liill(lffi!:iF~•i
                                       i~!§![~~g;;~.NAME"Nf.(BASEBALLi
  401f"····....RECREAfi'i:5ff·..-·HiGR·scHOOCCi'fv'"T6DRNAMENf.c'S'OFfBALI::)
                                                                                                                     !i!lfs
                                                                                                                     ;~1i:t~~
                                                                                                                                                           :]!t\~li~:::!!1:~:!!ll'.~'.'.~l'.i
                                                                                                                                    9-1i ===:~~~~~~:=: :=~~~i=:·: : :~11~::~~~=~;f!~
                                                                                                                      TEAM.~--------- 95.oo-----·-:rrs~oo··---·13cnJ(5"-··. -.....1.so~oo--···....··-1so:oo,.·- - - - - - -
                                                                                                                                                                                                                                                                                                               iij
                                                                                                                                                                                                                                                                                                               ,M:OO%
                                                                                                                                     1
  ~rr-===~f:g~~~=~~~?s:;~;~::1~~~~LEAGUE                                                                             ~f~:---------~                             ~g'.gr::::~~Ii!~r==--1-ii~i{-==-!~~~Wo=-=;j~g~                                             FEifEUMINATE'cl                                    -100:0•-o/;
·--~~r==I~:g:g~gM~=:=:girgg~~;;l~ii\~~fA~@                                                                           :~r•    ENt
                                                                                                                                                               1
                                                                                                                                                                ;}:-===-{!~]g::::==::=1:ig]g.=::::=:~i~~gr:===]:~~g~                                                                                           21~~-~~2:{__ ....

. . .~:~i~===!t!f~g~:::::::~~iF:iJifii!t~:~;::::~HE[tEk)
.... 416 ___ RECREATION ·-·SINGLE TEAM PLAYERS FEE- BASKETBALL ·~-----------EACH
                                                                                                      it]-ENt                      3ii~ii::::::::::~f          175.00
                                                                                                                                                                        if        i::=:=:::;11~====~1 ·=~:-,i~.F-EE-EUM1NATED- INCLUDED IN TEAM SPORT FEE
                                                                                                                                                                             175.00           175.00 ____ 250,00 ---·. -·... o~Oo F'EE ELIMINATED- INCLUDED IN TEAM SPORT FEE_.....--······.100.00%
                                                                                                                                                                                                                                                                                                               j!~!ii-Th. . . -...
..-·417---·RECREAtlON SINGLE TEAM Pi.AYERS FEE· FAl.L SOFTBALL ·~---------~EACH                                                                                 90.00         90.00 ----- 90.0o--··-·-·90.oo ..... __ ._...... 0:00 FEE ELIMINATED- INCLUDED IN TEAM SPORT FEE······. ----·_100.oo%-
        4·1·s··-...-..RECREAtTON ___ siNGCE-TEAM PLAYERS FEE - SUMMER SOFTBALL                        EA-CR                                                      cfoi5---··---··crno--··-·-266:Cil:i"-~--26i5'.'60--~--o:oo--·.....F-EE. ELIM1NATEi:f::·iNCCODE5TNYEAM sPORf"FE"t~--..-·. ····. ·. ·:-:rn6':0i5%"···
......4T§...........ifECREATION..........STNGLE·tEAi-ifPLAYERS. F.EE. :·n.:mooR'"i!}i:5CCER,__________EA'c'R                                                   175.65------rrs7Jo-·-..........17S:oo............T75'.00............_....o,oo·····-·-i=EE"EifMINATED-TN'cIODE51ffTEAiiii..SPORfi'EE"·····---·-·-:-:rncroow··---·-
    ... 420...... _... RECREATl6N--· . SINGLE TEAM PLAYERS.FEE- SUMMER SOCCER                         EACH                                                     300.00        300.00           300.00            300.00                  0.00 FEE ELIMINATED- INCLUDED iN TEAM SPORT FEE                         -100.00%
      "4:fl--RE-CREATlb~SOFTeiA'Ll. CITY TOURNAMENT _______________TEA°M                                                                                       100:oo······--·-·foo~oo------foo~oo-·--100.0o'"'""7oif0"o=::':::========================
     ...422-·. ·-RECRIDTbN.... _. _SOFTBA[["j:'iELD-RESERVAfiiS'i'lS- ______________EACH                                                                         5:oo·---~5~00___ . ,...---··s:oo·········. ···10~00. ··--·. -··:rn:06"
:.::1~J.~.'.'.'.'..~.~g~~+:.g~.=~~~g~t:EE·~!½~·b?s~wt~¥YJJJX~·ENT~-----------~~                                                                                1~~~----·1%i~~~........-...·-1ITi:~g.....::=·1·~g:gi. ===~~.g~g~~=========================
____:.g§=::::::]~=@~l£~=§Q~~K~Ji~E5J:£~!J§!~)!g"B)_______ _                !~M                                                                                 49.~@9:==:39I9.9.:::::::={~Q:oo--.. . . . ~=o~oo-·. . ·===p=Qo                              FEEn~DivffNAfED                                    -1P:Q:9.9~
  .1;~:···-·-·~~2~~+fg~.---~~~t:tt1~:~~~~~i1f~~;,w _TcH
                                                        1
                                                                              ~                                       ft.                                      iii'.g~~·-·-·-··i%~:§§---·-~&g~-..---~}§i-----11ti~                                         FEE."E[iMiNAfEb                                    .;Jt\\~%.
  11:·----~gr~1g~:::=:=~g~~Efl~Egtr+2jil:8~g~::~1}                                                                    +~,----------~}}i~~=:=i{ii~~..... ___ ~:~;rgr::===1~i~r=:3                                              §rgi                         F-EEELIMiNATEb                                     .~1i,_i~1-..·--·
  ¾l!===:!tii!E-!~::=::=~~=l[lt*l~b~JTH)==================================:::~f
  43:f.. ~ ......RECREATl()N.. ·-··swrvnoPI~N'SWtMADUC'fi                   PEin>ERS6"N
                                                                                                                        ifil~i::NT                              itii==~-:==~fi===-~ijlg::~~:::::JJ~i=-~::~::~i                   g~
                                                                                                                                                                 1.go·-----1.1;0-···:---~·:r:oo·..................T00··-··--··. ·2:oo
                                                                                                                                                                                                                                                                                                                2.5'.00o/;·
                                                                                                                                                                                                                                                                                                               ,:oo:~0~%
  434·........RECREATl6t,f .... ··viR5fuYEFFS-BASKEfBAL1                    TEAM                                                                               200.oo-·----200.00···- --200.-00··-.......-200:00·. -...--395:"6•                                                                                91"."i5ti%.
  ~~...........;~.~~tl~~~···-···~~~~H~t{~~iiEE-~@;-H~::ou~1i~)PRINTOUT)
..... 437"--..·-tREASURER·. ·--.. NsF·CHECKINSFACH HANDllNG CHARGE   __________EACH
                                                                                                                      ~g~                                        ~:t~··-·-····--·-·-~:~i---·---i:~i------~g--,-g~zi
                                                                                                                                                                20.00       20.00      '25.00       25.00 . 25.0•i - - - - - - - - - - - - - - - - - - - - - - - - - -
      :;~ ---~:~;~:~: -- ~~ :~g~:~~ :~g~::~ i~~s:Et~::N 3\e:::s
                                                              3    0
                                                                               ~g~ 6~Jl                                                                         1;:~~------- ,;:~~ ~----1;-::               .,. 1;:~~ ........ ___ ,;:~~!==========================



                                                                                                                                                      Pog.e7
                                                                                               CITY OF MUSKEGON
                                                                                      Master Fee Resolution - Schedule of Fees
                                                                                                (Effective 1/1!2001)


                                                                                                                            1997            1998              1999            2000              2001       DEPARTMENT       %
           DEPT                                 DESCRIPTION                           !,)NI"[                                FEE           £..f;_I;           FEE             _fEE              FEE         COMMENTS    _9_HANGE

 440    TREASURER     PETTY CASH NUISANCE FEE (FAILURE TO RETURN RECEIPTS IN TIMELY    EACH                                  O 00           o 00              o 00             o 00              5 00                   ***NEW Fee--
                             FASHION}                      --------------,   ~--------- ·                            ·           ·             ·              ·
 441          tREASORER--PRi5PERTY-tAXROCC(5ffCO:.ROM                     EACH                         0:01:r-··--o:oo~·---o.o(r"·-··----o.ci(f""""-·"""fo(fijC)                                                        .C.ifJEW-FEF""
--·«::r--·--r-REASORER·····--pR(lPERTY.TAx LIEN INQUiRYtL06RUP            EACH           a - - - - ~ O.Oo·----·-·····0~55---o:o5----o.00-·"----:15:oo                                                                   •••NB,\rFEF..



                                                                                                                           -- -- -- -- --
_ A5? __ WATER-SE\IVER DELINQUENT PAYMENT PE.NALTY                        PAST DUE BALANCE          10.00%       10.00%     10.00%        10.00%         10.00%
                                                                                                                   C.RE:ATEROF20    GRE:ATEROl'20     C.RE:ATEROF20   C.REATEROF20       GREATEROF20
                         1
----:~--:::::~:: ::~ ~:TE:::~;~-~;~.:~~~;-~~-~:::::1QNCHARGE'------::: D_u_E_B_A_LA_N_c_E
                                                                                        _ _ _ _ _35.00-------35_05·-·--··--·-··3eufo···--··-·-·-·°3s:66""--·---35~00Z----------------------------
 445-·-·-·wA'fER::SEWER"""""1NSTAUAT101fOF-stusT1ffE T6"PROPERTY LINE (SEWER) EACH               400.06"-···--··400-:oo----500:·05--·-·-·-·soo:oo··--·--··555:oo;---------------------------
 447 WATER-SEWER iNStAL.lA1'1Q!!_Qf $TI:)8_hlN_E tb PROPERTY LINE (WATER)     EACH               400.00 400.00   _ ~00.00 600.00   soo:66
 448   WATER-SEWER    METER REPLACEMENT AT OWNER'S REQUEST                             EACH                         ACTUAi.COSTS     ACTU.AI.COS'TS    ACTUAL COSTS    As:ruoJ..COS'TS    As:ruoJ..COSTS

 449   WATER-SEWER    METER RESET AT OWNER'S REQUEST                                  -EA-CH                                25.00         25.00             25.00           25.00              25.00
 450   WATER-SEWER    METER TEST                                                       EACH                                 35.00         35.00             35.00           35.00              35.00
 451   WATER-SEWER    tiiifS$Eib-M'ETER APPOINTMENT                                    EACH                                  0.00          0.00              0.00           25.00              25.00
 452   WATER-SE'NER   TEMPORARY (MINIMUM 30 DAY) SERVICE                               EACH                                 25.00         25.00             25.00           25.00              25.00
 453   WATER-SEWER    TURN ON CHARGE (AFTER HOURS)                                     EACH                                 35.00         35.00             35.00           35.00              35.00
 454   WATER-SEWER    TURN ON CHARGE (REGULAR HOURS)                                   EACH                                 25.00         25.00             25.00           25.00              25.00
 455   WATER-SEWER    TURN ON CHARGE (SEASONAL USE)                                   EACH                                  12.50         12.50             12.50           12.50              12.50
 456   WATER-SEWER    UNAUTHORIZED WATER USE OR TAMPERING (MINIMUM CHARGE)             EACH                                200.00        200.00            200.00          200.00             200.00
 457   WATER-SEWER    UNAUTHORIZED WATER USE (ADDITIONAL CHARGE FOR CONT'D USE)        PER DAY                              20.00         20.00             20.00           20.00              20.00
 458     ZONING       FENCE PERMIT FEE                                                 EACH                                 10.00         10.00             10.00           10.00              25.00                     150.00%
 459      ZONING      LOT SPLIT REVIEW                                                 EACH                                  0.00          0.00              0,00            0.00              25.00                    •••NEW FEE...
 460      ZONING      ZONING, GIS MAPS (34" x 44" B & W)                               EACH                                  0.00          0.00              0.00            0.00              20.00                    ... NEW FEE•-
 461      ZONING      ZONING. GIS MAPS (34" x44" COLOR)                                EACH                                  0.00          0.00              0.00            0.00              20.00                    -•NEW FEE•••
 462      ZONING      PLANNED UNIT DEVELOPMENT iPUD)_                                 EACH                                 500.00        500,00            500.00          500.00             500.00
 463      ZONING      SIDEWALK BENCHENCROACHMENt                                       PER BENCH PER MONTH                   5.00          5.00              5.00            5.00               5.00
 464      ZONING      SITE PLAN REVIEW FEE. MINOR                                      EACH                                  0.00          0.00              0.00           40.00              40.00
 465      ZONING      SITE PLAN REVIEW FEE- MAJOR                                      EACH                                  0.00          0.00              0.00          100.00             100.00
 466      ZONING      SPECIAL MEETING-FEE-(ZtiNiNG BOARD OF APPEALS)                   EACH                                200.00        200.00            200.00          200.00             200.00
 467      ZONING      SPECIAL USE PERMIT                                              EACH                                 200,00        200.00            200.00          200.00             200.00
 468      ZONING      STREET VACATION                                                  EACH                                200.00        200.00            200.00          200.00             200.00
 469      ZONING      ZONING COMPLIANCE LETTER                                         EACH                                  0.00          0.00              0.00           25.00              25.00
 470      ZONING      ZONE CHANGE                                                      EACH                                200.00        200.00            200.00          200.00             200.00
 471      ZONING      ZONING BOARD OF APPEALS APPLICATION                              EACH                                200.00        200.00            200.00          200.00             200.00
 472      ZONING      ZONING ORDINANCE COPY                                            EACH                                 25.00         25.00             25.00           25.00              25.00
 473      ZONING      ZONING ORDINANCE COPY Wt MAP                                     EACH                                  0.00          0.00              0.00            0.00              40.00                      NE'N FEE•..
 474      ZONING      ZONING VARIANCE        ---                                      EAcH                                 200.00        200.00            200.00          200.00             200,00




                                                                                                                  Page 8
                                           Grass Alert   24 hr. Sticker Alert*   Garbage Alert*   Tri11le Alert*   Tri11le Alert
                                                                                                                   Good Citizen
                                                                                                                   Discount**

1 property                                 $15.00            $15.00                    $15.00       $35.00         $25.00

2-5 properties                             $25.00            $25.00                    $25.00       $65.00         $50.00

6-10 properties                            $30.00            $30.00                    $30.00       $75.00         $50.00

11-25 properties                           $40.00            $40.00                    $40.00      $100.00         $75.00

26-50 properties                           $50.00            $50.00                    $50.00      $125.00         $100.00

51-100 properties                          $75.00            $75.00                    $75.00      $175.00         $150.00

over 100 properties                        $100.00           $100.00                   $100.00     $250.00         $175.00



**To qualify, there may be not more than 1 clean-up per 10 properties per year.

*Prices include vouchers for garbage stickers and leaf bags




Word/moore/environ/Specialprojects/alertservice
AGENDA ITEM# _ _ __



To:            Mayor and City Commissioners
From:          Lee J. Slaughter, Assistant City Manager
Date:          December 5, 2000
Re:            Legal Services for the Period January 1, 2001 to December 31, 2003

SUMMARY REPORT

The City Commission requested proposals from legal firms with a local presence in
Muskegon to provide the City's legal services. The deadline for receipt of proposals was
November 14, 2000. The request generated two proposals: (1) Parmenter O'Toole ---
the City's current legal service provider and (2) Nantz, Litowich, Smith & Girard --- a
firm located in Grand Rapids.

Parmenter O'Toole's proposal is to provide legal services for all three of the areas
outlined in the RFP --- General Counsel, Prosecution and Labor/Personnel at an hourly
rate of$100 or an annual retainer fee of$360,000.

Nantz, Litowich, Smith & Girard's proposal is to provide legal services for one of the
three areas outlined in the RFP --- Labor/Personnel at an hourly rate of $145.

FINANCIAL IMP ACT

$360,000 per year.

STAFF RECOMMENDATION

Staff recommends entering into a three-year contract with Parmenter O'Toole to provide
legal services to the City of Muskegon in the areas of General Counsel, Prosecution and
Labor/Personnel. The contract will begin effective January 1, 200 I and end December
31, 2003.

COMMITTEE RECOMMENDATION

This item will be discussed at the City Commission Work Session on Monday, December
11, 2000.
                                                                                  ),OtlO   -/lb (    d)
                                                                                      12-12-00


                                          AGREEMENT FOR LEGAL SERVICES

        THIS AGREEMENT is made between the CITY OF MUSKEGON, hereinafter called
"the City," and PARMENTER O'TOOLE, P.C., hereinafter known as "the Law Firm,"
G. THOMAS JOHNSON and JOHN C. SCHRIER, the law firm and the said persons being
sometimes referred to collectively as "the attorneys."

                                                   RECITALS:

           I.   The City of Muskegon is a home rule city, organized by charter, which provides
for the office of City Attorney.

       2.      The City makes this agreement for the purpose of naming the City Attorney and
the Assistant City Attorney, and further to provide for legal services to the City by the said Law
Firm and G. Thomas Johnson and John C. Schrier.

        3.     The City Attorney and the Assistant City Attorney are expected to be members of
the Law Firm, and the City believes it necessary and advisable to contract with the Law Firm as
well as the City Attorney and Assistant City Attorney because of the extent and scope of legal
services necessary to be performed.

         . THE PARTIES THEREFORE AGREE:

     1.0 APPOINTMENT OF CITY ATTORNEY, ASSISTANT CITY ATTORNEY
AND RETENTION OF LAW FIRM.

        I. 1    The City appoints G. Thomas Johnson, City Attorney, pursuant to charter, and
John C. Schrier as Assistant City Attorney. The said attorneys accept the appointments,
committing to perform their legal duties to the best of their ability and in accordance with the
highest standards of the legal profession, both as to standards of law practice and its ethics and
rules of professional conduct.

        1.2    G. Thomas Johnson and John C. Schrier shall exercise their appointments in
connection with their practice as members of the Law Firm, and the City therefore retains the
Law Firm for the performance of the legal services described herein. Members of the Law Firm
are authorized to appear as Special Assistant City Attorneys.

           2.0        COMPENSATION FOR SERVICES.

        2.1   Compensation shall be by fees for services payable to the Law Firm. No
additional compensation shall be due to the City Attorney or Assistant City Attorney or any other
member of the Law Firm by virtue of their appointments made pursuant to this agreement.




G:\edsi\files\001 00\000O\ag\9c4631.doc
         2.2     The schedule of fees shall be the proposed retainer fee and hourly fees set forth in
Exhibit I, the Proposal for Legal Services, attached and incorporated herein. The parties agree
that, as set forth and explained further in Exhibit I, the fees and expenses for alternative
representation of the City in the event of conflicts shall not be deducted from the retainer or the
fees of the Law Firm. The fees that apply are found under the section of the proposal entitled
"General Counsel, Prosecution, and Labor/Personnel."

        2.3     The fees to be paid to the Law Firm for the first three years of the term are set
forth in Exhibit I. Before the end of ihe third year of the term, the parties shall review the
services and fees of the Law Firm to determine appropriate fees for the balance of the five year
term of this agreement.

           3.0         TERM AND TERMINATION.

      3.1    The term of this agreement is three (3) years, beginning January I, 2001.
Renewals may occur only on mutually agreeable terms.

       3.2     Either party reserves the right to terminate this agreement on 90 days notice or in
the event of a material breach of the terms and conditions hereof by the other.

       3.3   Notwithstanding the above provisions, the City Charter concerning the
appointment of the City Attorney shall prevail, and nothing herein is intended to abrogate those
prov1s10ns.

           4.0         DESCRIPTION OF SERVICES; COMPENSATION.

           4.1         SERVICES TO BE INCLUDED IN THE RETAINER.

                       4.1.1      Attendance at all regular and special City Commission meetings.

                       4.1.2 Attendance, as needed, at meetings of committees of the City
                       Commission, Boards of Appeals, Planning Commission, Historic District
                       Commission, the Civil Service Commission, Pension Boards, and Authorities.

                       4.1.3 The rendering of legal advice and opinions, preparation and drafting
                       services in connection with the City Charter or Charter revisions/amendments,
                       preparation of legal documents, drafting of ordinances and resolutions, and
                       consultation on City matters with the City Commission, City Manager, Assistant
                       City Manager, and department heads.

                       4.1.4 Appearance in court for the prosecution of ordinance violations, including
                       criminal complaints and civil infractions, lawsuits for injunctions and civil
                       enforcement of civil ordinances, and revolving loan fund collections.

                       4.1.5 Labor negotiations, arbitration, and advice on labor relations and
                       personnel matters.



G:\edsi\files\001 00\IJ000\ag\9c4631.doc
                                                           2
                      4.1.6 Services rendered in connection with Authorities or other entities
                      associated with the City regardless of the funding source. Such bodies include,
                      but are not limited to: the Downtown Development Authority, Tax Increment
                      Finance Authority, Local Development Finance Authority, and the Hospital
                      Finance Authority.

                      4.1. 7 Appearance and prosecution of defense of cases before the Michigan Tax
                      Tribunal or State Tax Commission. (Note 50 mile attendance proviso below.)

                      4.1.8 Work associated with bond issues, except for the duties traditionally
                      required of Bond Counsel.

                      4.1.9      Real estate transactions and condemnation proceedings.

          4.2         SERVICES TO BE COMPENSATED IN ADDITION TO THE RETAINER.

                      4.2.1 Defense of the City in litigation subject to insurance coverage - typically,
                      where the Risk Authority or insurance carrier requests local appearances by the
                      City Attorney on behalf of and representing the City or one of its authorities,
                      agencies or employees.

                      4.2.2 As stated above, the firm shall bill at its hourly rate set forth herein for the
                      time spent in attending hearings, discovery proceedings or investigations in
                      connection with controversies before any court, tribunal or administrative agency
                      where the attorney must travel more than 50 miles from the City.

                      4.2.3 Representation of the Muskegon Housing Commission is not expected or
                      included in any services to City.

                      4.2.4       Specialized legal services by others.

                      4.2.5       Services by other lawyers because of conflicts.

           5.0        GENERAL CONDITIONS.

       5.1     COORDINATION. The City Attorney shall coordinate the services of the
Assistant City Attorney and members of the Law Firm on City matters.

           5.2        EXPENSES. Expenses set forth in Exhibit l shall be separately charged.

       5.3     BILLINGS AND COMPENSATION. Payment of compensation shall
generally be made on a monthly basis. Billings for monthly increments of the retainer,
extraordinary services and other funded services shall be rendered promptly and monthly in form
and substance as set forth in the fee schedule. Billings for expenses shall also be rendered




G:\edsi\files\001 00\0000\ag\9c4631.doc
                                                            3
monthly. The attorneys shall maintain records of time and services, which shall be available for
inspection by the City Manager at reasonable times.

       5.4     INDEPENDENT CONTRACTORS. The City Attorney, the Assistant City
Attorney and the Law'Firm are not employees of the City. They are determined to be
independent legal counsel and independent contractors.

        5.5    MALPRACTICE INSURANCE. The attorneys commit to carry legal
malpractice insurance in the amount cifat least $1,000,000, through the policy or policies issued
to the Law Firm.

      5.6     SUPPLIES. Generaliy, the firm shall have its own supplies and office
equipment. On occasion supplies will be required.for City services and, with the approval of the
City Manager and by his authority, the City will furnish same at its expense. By way of
example, City stationery will normally be supplied by the City.

        5.7    CONFLICTS OF INTEREST. The attorneys agree to exercise their best efforts
to avoid representation of any person, party or entity in any cause contrary to the interest of the
City. The attorneys and firm shall absolutely desist from representing any private person or
entity on any matter in which the City is or may become an opposing party.

               The parties understand that the attorneys currently represent a number of clients,
including businesses, private parties and municipalities. Where a potential conflict of interest
because of such representation may occur, the parties shall proceed as follows:

        5.7.1 In the event of a potential conflict of interest, the City Attorney shall identify the
conflict and inform both parties in writing identifying the potential cause of conflict.

         5. 7 .2 The City shall determine whether the. conflict is material, and if it determines that
it is not, instruct the City Attorney to continue representation of the City; provided, however, the
City Attorney and the Law Firm may determine that the conflict cannot be overcome and advise
the City accordingly, taking steps to assist in obtaining alternative representation of the City and
of the other party.

       5.7.3 In the event the City determines that the conflict is material, the City shall so
inform the City Attorney and the City Attorney shall assist the City and the other party in
obtaining alternative representation for that matter.

        5.7.4 In the event the City authorizes the attorneys to continue representation of the
City in the matter, the attorneys shall do so in a manner that avoids disclosure of confidential
communications to any member of the Law Firm representing the other party and the City
Attorney shall not represent the other party in connection with that matter.

       5.7.5 The attorneys especially commit not to represent any party against the City in any
matter of litigation.




G:\edsi\files\001 OO\OOOO\ag\9c4631.doc            4
         5.7.6 Notwithstanding the above, the attorneys shall act in accordance with the letter
and spirit of the Michigan Rules of Professional Conduct ("MRPC") as adopted by the Michigan
Supreme Court as they apply to any matter involving a conflict of interest or potential conflict of
interest. In case the MRPC conflict with this agreement, the MRPC shall prevail.

       6.0     COUNTERPARTS. This agreement may be executed in multiple counterparts.
Any copy of this agreement may be relied upon as the original. Amendments to this agreement
must be in writing on documents of equal dignity with this agreement.

        7.0     CONTINUITY/BENEFIT. In the event the Law Firm experiences the addition
of personnel or there are changes in membership of the Law Firm, this agreement shall continue
in effect unless such change adversely affects the representation of the City. The City Attorney
and Assistant City Attorney shall be members of the Law Firm.

    IN WITNESS WHEREOF, the parties execute this agreement this __ day of
_ _ _ _,2001.

                                              CITY OF MUSKEGON




G:\edsi\fi!es\001 0O\0D0O\ag\9c4631.doc
                                                 5
                                              Exhibit 1


                                PROPOSAL FOR LEGAL SERVICES


                                      Parmenter O'Toole, P.C.
                                 175 W. Apple At First, P.O. Box 786
                                  Musk~gon, Michigan 49443-0786




We present our proposal for legal services to the City of Muskegon, in response to the request for
proposals sent October, 2000. The firm desires to continue its services to the City as its attorneys.
The firm, its lawyers and staff, have worked for the City for a number of years and are economically
involved in the City. We work here, make our livelihoods here and spend our money here. We
believe our proposal is particularly responsive to the City's needs. The firm proposes that G. Thomas
Johnson be appointed City Attorney and John C. Schrier be appointed Assistant City Attorney.




   G:\COMMON\5\JCS\C-ATTY.SER
                                                       TABLE OF CONTENTS


Firm Qualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     I

Municipal and Public Corporation Clients ............................. : . . . . . . . . . . . . .                                                 1

Municipal Clients Formerly Served .................................................. I

Legal Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4

Description of Services and Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

          A.         Services to be Included in the Retainer .................................. 4-5

          B.         Proposal for General Counsel, Prosecution, and Labor/Personnel . . . . . . . . . . . . . . 6

          C.         Comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

          D.         Significant Expansion of Retainer Services .............................. 6-7

Conflicts ..................................................................... 7-8

Computer Connection . . . .                . . .   ......... . .. . .... . ' . .... . . . . . . . . . . . . .. ...           '   '   .... .. . . . 8

Malpractice Insurance .................. ' ................... ' ................... . 8

Summary Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8




     G:ICOMMON\5\JCS\C-ATTY. SER
                                          Firm Qualifications

This firm represents an extensive group of clients including individuals, businesses and
municipalities. A considerable part of our practice is and has been service as municipal and public
corporation counsel. The fim1's Martindale-Hubbell rating is "AV".

                              Municipal and Public Corporation Clients

I.      The City of Muskegon - representation in all areas. The Muskegon City Attorneys have been
        partners ofthis fim1 since 1961.

2.      Egelston Township - general municipal counsel in all areas. We have represented Egelston
        Township since 1973.

3.      Su.llivan Township - general counsel in all areas. We have represented Sullivan Township
        since 1976.

4.      City of Montague - the firm has represented the City of Montague for labor matters since 1988
        and general counsel since 1993.

5.      Montague Volunteer Fire District - the firm has represented the Montague Volunteer Fire
        District beginning in I 994.

6.      City of North Muskegon - The firm has represented the City of North Muskegon since
        1996, and previously assisted the City in connection with its charter revision process.

7.      Greenwood Township- The firm has represented Greenwood Township since 1997.

8.      Village of Lakewood Club - The firm has represented the Village of Lakewood Club since
        1998.

                                  Municipal Clients Formerly Served

1.      Muskegon County - we represented Muskegon County in several labor matters and special
        projects from 1982 through 1987.

2.      City of Muskegon Heights - the firm formerly represented the City of Muskegon Heights on
        labor matters for several years until 1988 and as counsel to the Charter Commission.

3.      White River Township - general counsel in all areas. We represented White River Township
        between 1970 and 1994.

4.      Fruitland Township - general counsel in all areas from 1990 through 1998.

5.      City of Whitehall - the firm has represented the City of Whitehall on water and sewer matters
        and conflict matters.


     G:ICOMMON\5\JCS\C-ATTY.SER                  Pagel
                                            Legal Staff

The firm has nineteen active lawyers, all ofwhom may perform work for the City of Muskegon. If
retained, the firm suggests appointment of G. Thomas Johnson as City Attorney, and John C.
Schrier as Assistant City Attorney.

The members of the firm who will serve the City, with their educational and practice concentrations,
as well as particular highlights of their practice, are as follows:


G. Thomas Johnson               Education: Franklin & Marshall College (A.B., 1959); University
                                of Pennsylvania (J.D., 1963); Special Assistant Attorney General,
                                1971-1977, 1987-present; County Public Administrator,
                                1976-1987; Assistant City Attorney, 1989 and City Attorney for
                                Muskegon, 1990-present; Member: ABA, State Bar of Michigan
                                (Public Corporation Law, and Alternative Dispute Resolution
                                Sections). Practice concentrated in municipal and public
                                corporation law; litigation.

John C. Schrier                 Education: Hope College (B.A., 1978); Wayne State University
                                (M.P.A., 1980); University of Detroit (J.D., 1984); Citizens
                                Research Council of Michigan, 1978-83; Staff, Michigan House of
                                Representatives, 1983; Montague City Attorney 1993-present;
                                North Muskegon City Attorney 1996-present; Assistant Muskegon
                                City Attorney, 1990-present. Practice concentrated in labor law,
                                municipal and public corporation law.

Thomas J. O'Toole               Education: Marquette University (Ph.B., 1948); University of
                                Michigan (LL.B., 1951). Phi Alpha Delta Legal Fraternity;
                                Muskegon City Attorney 1978-89; Special Assistant Attorney
                                General, 1961-present; Muskegon County Bar President 1969;
                                Member: ABA, State Bar of Michigan (Public Corporation Law
                                Section). Practice concentrated in municipal and public
                                corporation law; real estate and litigation.

Linda S. Kaare                  Education: Northern Michigan University (B.A., 1977); Cooley
                                Law School (J.D., 1986). Assistant Muskegon County Prosecutor,
                                1987-1989. F01mer Law Clerk to Beajamin F. Gibson, U.S.
                                District Court, Western District of Michigan 1986-87. Practice
                                concentrated in retirement plans and employee benefits law.

James R. Scheuerle              Education: Hope College (B.A., 1985); Detroit College of Law
                                (J.D., cum laude, 1989). Member: State Bar of Michigan. Practice
                                concentrated in creditors rights, bankruptcy, consumer collections
                                and commercial collections.



  G:\COMMON\5\JCS\C-ATTY.SER                  Page 2
Scott R. Sewick                    Education: Central Michigan University (B.S., 1994); Detroit
                                   College of Law at Michigan State University (J.D., Magna Cum
                                   Laude, Deans List, 1998). Member: Muskegon County and
                                   American Bar Association; State Bar of Michigan. Practice
                                   concentrated in commercial litigation.

Jennifer L. Hylland                Education: Marquette University (B.A., 1994); DePaul University
                                   College of Law (J.D., 1998). Member: Muskegon County and
                                   American Bar Associations; State Bar of Michigan; Women
                                   Lawyers Association of Michigan. Practice concentrated in family
                                 · Law and iitigation.


The following members of the firm would not normally perform City work, but their expertise is
available. on a continuing basis:

John M. Briggs                 Education: University of Michigan (A.B., 1964); J.D., 1967; Practice
                               concentrated in real estate, property tax appeals, and business law.

Eric J. Fauri                  Education: University of Delaware (B.A., 1963 ); University of
                               Michigan (J.D., with distinction, Phi Beta Kappa, Phi Kappa Phi
                               1966). Practice concentrated in banking, business and real estate law.

W. Brad Groom                  Education: University of Michigan (B.A., 1976); University of Detroit
                               (J.D., Magna Cum Laude, 1980). Practice concentrated in business
                               law and commercial litigation.

Jeffrey A. Jacobson            Education: Michigan State University (B.A., 1999); Thomas M.
                               Cooley Law School (J.D., 1998); Case Western Research University
                               Law School (LLM, Taxation). Practice concentrated in business and
                               taxation law.

George W. Johnson              Education: University of Michigan (B.A., with distinction, 1971);
                               University of Denver (J.D., 1975). Practice concentrated in
                               professional corporations, pension and profit-sharing and taxation.

Christopher L. Kelly           Education: University of Michigan (B.A., 1982); California Western
                               School of Law (J.D., 1985). Practice concentrated in real estate,
                               litigation, business and corporate law, and bankruptcy.

Keith L. McEvoy                Education: University of Michigan (B.B.A., 1982); Suffolk University
                               (J.D., 1992). Practice concentrated in real estate, business and
                               corporate law.




  G:ICOMMON\5\JCS\C-ATTY.SER                    Page 3
William J. Meier                  Education: Tufts University (B.A., 1987); Boston University (M.B.A.,
                                  1991); The John Marshall Law School (J.D., 1994). Practice
                                  concentrated in corporate and business law.

Michael L. Rolf                   Education: University of Cincinnati (B.B.A., 1967; J.D., 1970).
                                  Member, Board of Editors, Cincinnati Law Review, 1968-70. Practice
                                  concentrated in corporate and business law.

Philip M. Stoffan                 Education: Michigan State University (B.A., 1969; M.A., 1982);
                                  Eastern Michigan University (M.B.A., 1986); University of Maryland
                                  (J.D., 1993). Practice concentrated in managed health care, health and
                                  hospital, and business and corporate law.

Anna K. Urick                     Education: Albion College (B.A., summa cum laude, 1994); Wayne
                                  State University Law School (J.D., Phi Beta Kappa 1997). Practice
                                  concentrated in business law and estate planning.

George D. Van Epps                Education: Albion College (B.A., 1952); Detroit College of Law
                                  (L.L.B., 1964). Assistant Prosecuting Attorney and Chief Assistant
                                  Prosecuting Attorney, Muskegon County, 1965-1966, Practice
                                  concentrated in family law.


                                   Description of Services and Proposal

The request for proposals requests a single proposal for all legal services, excluding certain
specified areas, and a separate proposal for General Counsel, Prosecution and Labor/Personnel.


A.     Legal Services to be Included in a Single Retainer

As to this proposal, the Firm would propose to act as legal counsel for the City, specifically
including:

1.       Attendance at all regular and special City Commission meetings.

2.       Attendance, as needed, at meetings of committees of the City Commission, Boards of
         Appeals, Planning Commission, Historic District Commission, the Civil Service
         Commission, Pension Boards, and Authorities.

3.       The rendering oflegal advice and opinions, preparation and drafting services in connection
         with the City Charter or Charter revisions/amendments, preparation oflegal documents,
         drafting of ordinances and resolutions, and consultation on City matters with the City
         Commission, City Manager, Assistant City Manager, and department heads.




     G:\COMMON\5\JCSIC-ATTY.SER                     Page 4
4.        Appearance in court for the prosecution of ordinance violations, including criminal
          complaints and civil infractions, lawsuits for injunctions and civil enforcement of civil
          ordinances, and revolving loan fund collections.

5.        Labor negotiations, arbitration, and advice on labor relations and personnel matters.

6.        Services rendered in connection with Authorities or other entities associated with the City
          regardless of the funding source. Such bodies include, but are not limited to, the Downtown
          Development Authority, Tax Increment Finance Authority, Local Development Finance
          Authority, and the Hospital Finance Authority. Not included is the Muskegon Housing
          Commission (which ha&recently become independent).

7.        Appearance and prosecution of defense of cases before the Michigan Tax Tribunal or State
          Tax Commission.

8.        Work associated with bond issues, except for the duties traditionally required of Bond
          Counsel.

9.        Real estate transactions and condemnation proceedings.

10.       Defense of the City in litigation subject to insurance coverage - typically, where the Risk
          Authority or insurance carrier requests local appearances by the City Attorney, on behalf of
          and representing the City or one of its authorities, agencies or employees.

The City, and our experience in 2000, would suggest that the Firm will spend 3,600 billable hours
on behalf of the City for the above referenced representation. To date, the Fim1 has undertaken very
limited defense of the City in litigation subject to insurance coverage. The City may, during the
course of this contract, find it cost effective to have the Firm undertake more defense of the City,
especially when the amounts in controversy, including cost of defense, are less than the retention
amount.

The firm proposes that the retainer for the above services be contracted for as follows:

                                        Amount

          2001                          $360,000
          2002                          $360,000
          2003                          $360,000

To the extent that the number of hours exceed 3,600 per year, the Firm would expect to be
compensated for additional hours at the rate of $100 per hour. To the extent that the number of
hours are less than 3,600 per year, the Firm would reimburse the City at the rate of$100 per hour.
The Firm would prefer to have the modification occur on a semi-annual basis. This arrangement
has worked very well in 2000 and has resulted in a better use of legal services.




     G :ICOMMON\5\JCS\C-ATTY .SER                  Page 5
B.      Proposal for General Counsel. Prosecution. and Labor/Personnel

The City has requested a proposal for each of these areas separately. Given that legal advice does
not necessarily easily fall into the three categories, the Firm finds it impossible to bid an annual
retainer fee as to each of the categories. Presently, ifa member of the Firm attends a City
Commission meeting all time is reported as "General Counsel". Presumably, under the scenario of
separate attorneys for the separate areas, the total amount of time billed to the City would increase
and the information provided to bidders understates that for each function. Further, certain
assignments are not easily categorized. For instance, when a pension ordinance is needed applicable
to non-union employees that time could be included in either "General Counsel" or
"Labor/Personnel". Likewise, some court time, but not time at the City Commission, relating to
dangerous buildings, has been included in "Prosecution", but could as easily be included in
"General Counsel".

If the Firm is not selected to undertake all representation, then the Firm would propose to undertake
the work at an hourly rate of$120. The Firm is not interested in, and is not submitting a proposal,
to represent the City on Prosecution matters only. The Firm would undertake Prosecution work only
if the Firm were selected to represent the City on "General Counsel" matters or "Labor/Personnel"
matters.

C.     Comment

 For several years the firm has represented the City and its compensation has been provided by a
retainer, together with payment for extra services for functions or authorities which were separately
funded. In 1999, discussions occurred concerning the amount of time expended by the Firm on
behalf of the City. In 2000, the City and Firm agreed to a retainer with compensation increased or
decreased in June or increased in December. This has resulted in a reduction of hours. Given the
commencement of two major pieces of litigation, the Firm expects a substantial increase in legal
services hours.

The Firm believes, however, that the modification of the annual retainer in 2000 has assisted in
keeping legal fees in check and would propose to continue that practice.

In the past, the City has retained the Firm for all work. This has allowed certain economies within
the Firm, which has been shared with the City. If the firm is retained for all work, economies can be
shared with the City and is reflected in our bid. If the firm is retained for only some of the work,
economies are not available.

D.     Significant Expansion of Services

Five years ago, the Firm submitted its proposal with the concept that five attorneys would be
working on "retainer". Today, our proposal contemplates that seven attorneys would be working,
within their specialties, on "rrtainer". This is a function of the Firm adding personnel and
specialities which are useful in City work.




     G:ICOMMONl5IJCS\C-ATTY.SER                Page 6
We believe we are all available to serve the City, with our specialties in mind. However, a great
majority of the service would be performed by those who are most familiar with problems that the
City will face over the next few years. Therefore, some members will be most closely involved with
the City:

G. Thomas Johnson - Would be named as City Attorney. Would attend most City Commission
meetings and prepare most legal opinions for the City. Contracts involving real estate, economic
development matters, development agreements, and most other agreements, except for collective
bargaining agreements, would be drafted, negotiated and prepared by him. Matters before the Tax
Tribunal and State Tax Commission would be primarily his responsibility, as would local work in
connection with bond issues. ·He would be responsible for real estate transactions and
documentation, condemnation proceedings and defense of litigation. He would assist in City
prosecutions and court cases enforcing City ordinances, and work as part of any team responsible
for environmental matters.

John C. Schrier - Would be appointed Assistant City Attorney. He would be available for all the
work and responsibilities of the City Attorney, and would attend some City Commission meetings.
In addition his primary responsibilities would include all personnel and labor matters, collective
bargaining contracts and negotiation, labor arbitrations, mediations, etc. He has particular expertise
and would be involved in civil rights personnel claims. He would assist in City prosecutions and
court cases enforcing City ordinances.

Jennifer L. Hylland - Would be primarily concerned with prosecutions under City Ordinances for
criminal matters and civil infractions.

Linda S. Kaare - In the event the City needs legal advice regarding various pension matters, Linda
S. Kaare who specializes in her practice in employee benefits and retirement and pension plans,
would advise the City in those areas.

Thomas J. O'Toole - Mr. O'Toole would be available to provide assistance, primarily in litigation
and economic development areas.

James R. Scheuerle - James R. Scheuerle would serve the City in creditor bankruptcy, collection
and landlord/tenant matters.

Scott R. Sewick - Would be primarily concerned with prosecutions under City Ordinances for
criminal matters and civil infractions, together with dangerous buildings and fire damage cases.


                                              Conflicts

Conflicts may occur from time to time, especially since the firm has many business and personal
clients. In the past, we have been sensitive to such situations, and we would continue to monitor all
matters which produce, or have the potential to produce, conflicts of interest. In an effort to
minimize conflicts, the firm has refused a number of clients. Refusal of potential clients is feasible
only because of the extent of representation of the City.

   G:\COMMON\5\JCS\C-ATTY.SER                   Page 7
If at any time it is perceived or determined by the City or by this firm that a conflict exists, the
ethics of the legal profession require that the facts must be immediately communicated to the City
and the other client, and the opportunity for alternative representation of both parties afforded.
Where a true conflict arises, we would be unable to represent the City or the other client and
separate counsel for each would be obtained.


                                       Computer Connection


In our relations with the City, this Firm and the City have become increasingly reliant on e-mail
communication, including attachments. We presently transfer documents via e-mail and would
expect to continue that practice. We, and City staff, are fully able to access, review and respond to
documents from the other. We expect that practice to continue, and increase. In that effort, the
Firm is undertaking a major computer upgrade this month and will be operating Microsoft Office
2000.


                                       Malpractice Insurance

The firm carries $5 million Dollars in malpractice insurance annual limit. The company presently
insuring the firm is Great American Insurance Company.


                                       Summarv Comments

In representing the City of Muskegon since 1961, the finn has always geared its practice primarily
in ways that best serve the City's need for good advice and representation in municipal matters.
Several of our members are conversant with and receive continuing education and literature
regarding the municipal field. They are members of the sections of the State Bar and of the
American Bar Association which afford the best sources of current legal literature as well as
practice standards.

This firm has enjoyed, as a group and individually, working with the City Commissioners and staff.
We believe the work to be challenging and very significant. Representing municipalities is
important to us, and we hope that our good relationship can contin e in productive ways.

                                                                               E




                                                                                             '


   G :ICOMMON\5\JCS\C-ATTY. SER                 Page 8
                                          CITY OF MUSKEGON
                                       LEGAL SERVICES PROPOSAL

Name and Address of Firm:               Parmenter O'Toole
                                        175 W Apple
                                        Muskegon MI         49443 0786

Telephone Number:                        C231) 722~-1621

Name of Perso_n Designated as City Attorney: __G~.~T=h=o'-"in=as=------'J'--'o=hn=s=on'-'---

Name of Person Designated as Asst. City Attorney:                 John C. Schrier




           ate For:                  January I, 200! - December 31, 2001 $ 120 /hr.
                                     January 1, 2002 -December 31, 2002 $ 0 /hr.
                                     January 1, 2003 -December 31, 2003 120 /hr.

                                     January 1, 2001 -December 31, VOi $_ _
                                     January 1, 2002- December 3 , 2002 $ _ _
                                     January I, 2003-Decembe 31, 2003 $_ _

PROSECUTION:

 Hourly Rate For:                    Jan ary I, 2001 December 31, 2001 $l~hr.
                                     Janua 1, 20 -December 31, 2001 $11,()______/hr.
                                     January      03 - December 31, 2003 $1J:S]__/hr.

 Annual Retainer Fee:                 Janua 1, 20 -December 31, 200! $
                                      Jan ary 1, 2002 December 31, 2002 $ _ _
                                      J nuary 1, 2001   cember 31, 2003 $

 LABOR/PERSONNEL

 Hourly Rate For:                     Janua,y 1, 2001 - December     2001 $120 /hr.
                                      January I, 2002 - December 3 I, 002 $ 120 /hr.
                                      January 1, 2003 - December 31, 2     $ -i._-2,Q_!hr

  Annual R ainer Fee:                 January 1, 2001 -December 31, 2001 $

      /                               .January!, 2002 - December 31, 2002 $ __ _
                                      .!01111ory !, 2003 - December 31, 2003 $
RFP, Muskegon
Cost Page Conti.



GENERAL COUNSEL, PROSECUTION, AND IABORIPERSONNEL:

Hourly Rate For:             January 1, 2001 - December 31, 2001 $ 100 /hr.
                             January 1, 2002-December 31, 2002 $ 100 /hr.
                             January 1, 2003 -December 31, 2003 $ 100 /hr.

Annual Retainer Fee:         January 1, 2001 -December 31, 2001 $360,000
                             January I, 2002 - December 31, 2002 $ 360,000
                             January 1, 2003-December31, 2003 $360,000

Please indicate any additional costs that will be charged separate from the amounts indicated
above (e.g. postage, fax, etc):
   To the extent that hours are greater or less than 3,600 per year, semi-annual
   adjustments at the rate of $100 per hour shall be made. Out of town travel,
   meals, and lodging at the city rates. Court costs, fees, etc. for litigation
   Unusually extensive photocopying and outside printing.
DATE:          November 20, 2000

To:            Honorable Mayor and City Commissioners

From:          Inspection Services Department

Re:            Concurrence with the Housing Board of Appeals determination for
               demolition of the structures at 497 Catawba, aka, dangerous building case
               number 98-22.


SUMMARY OF REQUEST: This it to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structure located al 497 Catawba is
unsafe, substandard, a public nuisance and that it be demolished within thi1iy (30) clays.

It is further requested that administration be directed to obtain bids for the demolition of
the structure and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.

FINANCIAL IMPACT: The cost of demolition will be paid with budgeted CDBG funds.

BUDGET ACTION REQUIRED: None.

CASE HISTORY: A dangerous building inspection was conducted on 4/6/98. A notice
and order was issued on 4/15/98. A relative of the owner contacted the Inspections Dept.
and asked what needed to be done. An interior inspection was later scheduled for May
27, 1998 but the owner did not show up at the designated time. Since no work schedule
had been submitted and no repairs had been made, the case was referred to the housing
Board of Appeals on June 4, 1998. No one appeared at the meeting to contest the
department's recommendation that the structure be demolished and the Housing Board of
Appeals declared the structure dangerous and to forward the case to the commission for
concurrence in demolition.

At the owners request another inspection was then scheduled for July 15, 1998.(findings
attached). On August 18, 1998, the owner contacted the department and said she would
bring in a work schedule the following day. No schedule had been received so the
commission reviewed the case on 10/27/98. At the meeting the owner submitted a time
schedule. The Commission voted to postpone the demolition for 30 days which at the
time the commission would then evaluate the progress of repairs. On February 9, 1999
The Commission heard the case again. The case appears to have been dropped and then
reviewed by the Housing Board of appeals again on 12/2/99 where once again the board
declared the structure(s) unsafe and forward to the commission for their recommendation.
The case was heard again before the Commission on 1/2/00. The case was tabled until
5/31/00. The Housing Board of Appeals heard the case on 9/11/00where the owner was
given 30 more days. at the next meeting on 10/5/00, the Board decided to forward the
case to the Commission again for concurrence with demolition.
ESTIMATED COST FOR REPAIR: $15,000- $19,000.

STAFF RECOMMENDATION:                Staff recommends the commission to concur with
the housing board of appeals decision to demolish the structure(s).

COMMITTEE RECOMMENDATION: The Committee will consider this item at its
meeting on December 12, 2000.
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\it1nn,1the .-\ttion
~JI '.\:4-670.l
F \_\ -:'2!-1214

 \hn~or
!J! 714-6708
FAX, 726-5181

Cemetery
2Jl1724-6783
FAX/726--56 I 7

CMI Service
231/724-6716
FAX/724-4405                                            West il'HcWgan's Shoreline City
Clerk
231/724-6705
FAX/724-4178

Comm. & Neigh,                           MUSKEGON HOUSING BOARD OF APPEALS
  Services
231/724-6717
FAX/726--2501

Engineering
                       October 9, 2000
231/724-6707
FAX/727-6904

Finance
231/724-6713
                       Loera Guadelupe
FAX/724-6768           1715 Superior
Fire Dept.
                       Muskegon Ml 49442
231/724-6792
FAX/724-6985
                       RE:    Dangerous Building Case #98-22 - 497 Catawba, Muskegon MI 49442
Income Tax
231/724-6770
FAX1724-6768           Dear Property Owner:
Info. Systems
231/724-6744           FINDING OF FACTS & ORDER
FAX/722-4301

Leisure Service        At the October 5, 2000 meeting of the Muskegon Housing Board of Appeals, it was
231/724-6704
FAX/724-1196           agreed by the Board to declare the structure(s) unsafe, substandard, a public nuisance and
                       to forward it to the City Commission in 30 days for concurrence in demolition.
l\lanager's Office
231/724-6724
FAX/722-1214
                       If you have any questions, please call the Inspection Services Department at (231) 724-
Mayor's Office         6715.
231/724-6701
FAX/722-1214

Inspection Ser'
231/724-6715
FAX/726-.2501

Planning/Zoning
231/724-6702
F AX/724-6790          Robert B. Grabinski
                       Fire Marshal/Inspection Services
Police Dept.
231/724-6750
FAX/722-5140

Public Works
231/724-4100
FAX/722--4188

Treasurer
231/724-6720
F AX/724-6768

 Water Billing Dept,
 231/724-6718
 F AX/724-6768

 Water Filtration
 2)1/724--4106
 FAxnSS-5290


                                City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
    Grabinski informed the board that Mr. VanKammen is also workin
Hoy     eet and had said that he could have the repairs complete ·
has bee      months and he still isn't done. Grabinski was co    ned weather or not
Mr. VanKam        could handle getting the repairs done on     homes.

                          dare the structure(s), unsaf substandard, a public
nuisance and to forward      e City Commission f concurrence in demolition of the
structure.



                                                    rrence in demolition. A roll call


AYES:                                     ABSENT:
Greg Borgman                              Clint Todd
Fred Nielsen
John Warn
Jerry Be r



CASE# 98-22 - 497 CATAWBA, Guadelupe Loera, 1715 Superior, Muskegon

Ms. Loera attended the meeting. She informed the Board that since the last time she
came before the Board she had her electric work done and it did not pass the
inspection. Since then she hasn't done any work because she had a couple deaths
in the family.

Chairman Borgman asked staff member, Don Labrenz if he had any comments since
he was the one who did the inspection. Don stated that Ms. Loera is trying to work
on the repairs but needs a professional to help her since she has fallen backwards in
the electrical repairs and ended up having more violations than before she started the
work.

Grabinski stated that it is Staff's prospective that the Board has been dealing with this
case since 1998 and have been quite lenient. It has only been the last six months
that the reins have been tightened. It becomes a liability when work is not done;
therefore Staff recommends declaring the building dangerous.
 Randy Mackie, supported by Jerry Bever, made a motion to declare the structure(s)
 at 497 Catawba to be substandard, unsafe, a public nuisance and forward the case to
 the City Commission for concurrence for demolition of the structure(s). A roll call vote
 was taken:

AYES:                   NAYES:              ABSENT:              EXCUSED:
Greg Borgman                                Clint Todd           William Anderson
Fred Nielsen
John Warner
Jerry Bever

The motion carried.


   SE# 00-35 -1362 GETTY - Mario Stevenson, Muskegon Ml

            enson did not attend the meeting, but did call ands    e to Mr. Grabinski
stating t     the was not able to do any work and would b      oving out soon.

Staff recomm ded declaring the building dangero and forwarding the case to the
City Commissio or concurrence in demolition    e structure(s).

Randy Mackie, supp ed by Jerry Bever,             e a motion to accept Staff's
recommendation and f      ard the case to      e City Commission for concurrence. A
roll call vote was taken.

AYES:                                       ABSENT:             EXCUSED:
Greg Borgman                                Clint Todd          William Anderson
Fred Nielsen
John Warner
Jerry Bever

The motion carried.


                    127 HOLBROOK- Versey Bea

Mr. Beach     did not attend the meeting. Grabinski in rmed the Board that the
owner h been making good headway on the repairs b the Inspections department
is una re if they are complete because the owner has no ailed for any
insp lions. The home is not boarded, but is secured.

   ff recommended to declare the structure(s) dangerous and fo    rd to the City
  ommission for concurrence in demolition only if Mr. Beachum does ot contact the
Inspections office for an inspection.
 \ ,ir::1.1,:•~ .\~aon
: : : -~ i.o·oJ
F \ \.-:~-l~l-t                                           MUSKEGON
:.11 -:4-o'.'0li
F.\.X. .,~6--5181

Cemetery
?Jl 724-6"83
F.-\XJ726-5617

Ch·\I Senice
2311724-6716
F A..xn24-4405                                            West Michigan's Shoreline City
Clerk
2311724-6705
F Axn24-4178                                                CITY OF MUSKEGON
Comm. & Neigh.
  Services
231/724-6717
                                                    NOTICE OF HEARING ON
F AX/726-2501                                  DANGEROUS AND UNSAFE CONDITIONS
Engineering
                                                  HOUSING BOARD OF APPEALS
n1n24--6707
FAX1727-6904

Finance
2J1n24--6713
F AXn24--6768            September 25, 2000
Fire Dept.
231/724--6792
FAX/724-6985
                         Guadelupe Loera
Income Tax               1715 Superior
2311724-6770
FAX1724-6768             Muskegon Ml 49442
Info. Systems
231/724-6744             Dear Property Owner:
FAX/722-4301

Leisure Servtce          SUBJECT:      Property Maintenance Code Review Case #98-22 - 497 Catawba, Muskegon
231/724--6704
FAX/724--1196
                         PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Manager's Office
ntn24--6724              of Muskegon will be held on Thursday, October 5, 2000 at 5:30 P.M. in the Muskegon
F AX/122-1214            City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Mayor's Office           determining whether the structure should be demolished or otherwise made safe.
231/724--6701
FA..xn22-t214
                         Officials from the Inspection Services Department have inspected the structure and it is
Inspection Services
231/724-6715
                         alleged that it has defects as listed on the attached page(s).
FA'.' e• 0 5
           6. Furnace must be certified safe for operation licensed mechanical contractor, or be
               replaced. G- q 5 c O' •
           7. Pipe missing on pressure relief valve for water heater. •-v I° I( 3 e ~ n e "-' V R-1 L.'C.
           8. Gas piping for water heater improperly installed.                  J       w e,d::::5
         . 9. ~torage area under stairs must be drywalled. J. c.,J                    .a.eJc.5
       ·, 10. Smoke detecors required per CAl:30 One and Two family dwelling code.
         · 11. Stairs must be repaired. ·                           · .=                   '
           12. Guardrails on stairs must be repaired. f W '<-[                     )L
           13. Handrails missing on stairs.                                                  '
--..?:-1t4f_iB~e:annj•~g~w~alTT1~in~~~s~tarr~s~o~f~b:u~il~din::;:g~h:as~be:e:n~r:em::=o~ve:d~.--~~~c_~
                                                                                                    ..~,,-,,-::---~,--~,:•~,~
                                                                                                                           .• - - - - ~ . ~ ·
           15. Bathroom floor partially rotted.
           16. Plumbing must be replaced or repaired throughout.
           17. Bathroom outlet is not GFI protected.
~ ~ Light fixtures throughout house are incomplete.
      'tl_VDoorway on second floor has no landing (15 ft. drop)
          20. Add switches for lights in each room. (Note: wiring throughout house is in poor
               condition.)

         ADDITIONAL EXTERIOR DEFECTS NOTED:

         1. Window sashes and frames and rotted and falling apart.
         2. Roof and ceiling on rear porch is rotted and falling apart.


                                                                                          . Dof\.G                 L,.) )   +h. t (\. .
     Q
                       DANGEROUS BUILDING INSPECTION
                            INTERIOR INSPECTION
                               497 W. CATAWBA
                                      JT.JLY 15, 1998

PLUMBING/MECHANICAL/BUILDING

1.  Paint peeling throughout house.
2.  Holes in walls throughout house.
3.  Front bedroom door is broken.
4.  Kitchen has been gutted (plaster has been removed from walls and ceilings).
5.  Draft stopping missing.
6.  Furnace must be certified safe for operation licensed mechanical contractor, or be
    replaced.
7. Pipe missing on pressure relief valve for water heater.
8. Gas piping for water heater improperly installed.
9. Storage area under stairs must be drywalled.
10. Smoke detecors required per CABO One and Two family dwelling code.
11. Stairs must be repaired.
12. Guardrails on stairs must be repaired.
13. Handrails missing on stairs.
14. Bearing wall in upstairs of building has been removed.
15. Bathroom floor partially rotted.
16. Plumbing must be replaced or repaired throughout.
17. Bathroom outlet is not GFI protected.
18. Light fixtures throughout house are incomplete.
19. Doorway on second floor has no landing ( 15 ft. drop)
20. Add switches for lights in each room. (Note: wiring throughout house is in poor
    condition.)

ADDITIONAL EXTERIOR DEFECTS NOTED:

1. Window sashes and frames and rotted and falling apart.
2. Roof and ceiling on rear porch is rotted and falling apart.
  \fflrmatlve .-\clion
t-i 161724·6703
                                                       MUSKEGON
 \ssessor
n16i724·6708


Cemetery
6161724•6783



Civil Service                                           West Michigan's Sborellne City
6161724•6716



Clerk
6 ! 61724•6705


                         October 28, 1998
C. :-J. Services
13161724•6717

                         Guadalupe Loera
Engineerin~              1968 Dyson
6161724-6707
                         Muskegon, MI 49442

Finance                  Dear Ms. Loera:
6161724·6713

                         SUBJECT:       497 Catawba
Fire Dept.                              Muskegon, Michigan
ti 16/724-0792

                         On October 27, 1998 the Muskegon City Commission voted to
Income 1'ax
H1fil72H\770
                         postpone   for  thirty  (30)  days  consideration   of  this
                         department's request for concurrence in the determination of
                         the Housing Board of Appeals that the subject property be
Inspections              demolished.
616l724-1:i715

                         At that time, the Commission will evaluate the progress you
l.elsur<' Service        have made in repairing your house before making a final
!i 161724-G704
                         decision.    Please remember that you must obtain all
                         necessary permits in order to undertake work.
\lanager'~ Office
H!61724•6724
                         Should you have any questions concerning this matter, please
                         do not hesitate to contact our building official, Jerry
\tavo(') ()[flee         McIntyre, at 724-6715.
6161724•1)701

                         Sincerely yours,
l'lanning1Zonrn~
(j   16172-4-6702



l'ollce IJepL.           Daniel Schmelzinger
!i 161724-6750
                         Director, Neighborhood                           nstruction Services

l'ubUc Works
(-j 16/726--1786




Treasurer
fi 161724-6720



Water Dept.
Hltii724-/j7\8



                            City of :vtuskegon. 933 Terrace Street. P.O. Box 536, :vtuskegon. :vtlcblgan 49443-0536
 \ t n ~ :\Cllon
~-:S703
                                                          MUSKEGON
 """'°'
lll6/72+6i08



1'.l'ffit'{f"f'\'
Ii 16ii2 • •6iH3




t:lvil ~rvIce                                              West MlctJlf!l!n'" Sbol'ellne City
,il&i2-Hi716
                                               MUSKEGON HOUSING BOARD OF APPEALS
Cterx
lj I6J72-Hi705            DATE:           June 8, 1998

                          CASE:          #98- 22 - 497 Catawba (all structures)
C. 'l. :-;ervices
ii\1Vi2-Hii!i
                          Guadaloupe Loera/Francisco Santos
                          1968 Dyson
F:n'1neenn~
Ii I 6/72 • ·6i07         Muskegon,Mi.49442

Fimm1.'t'
                          FINDING OF FACTS AND ORDER
lilti/72-l•071:!

                          The following action was taken at a session of the Muskegon Housing Board of Appeals
!:irt> Df'ol.             held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the 4th of June, 1998.
, I (i:   7:! l-•iifl2

                          The Neighborhood and Construction Services Department of the City of Muskegon, having
:ncomt" rux               inspected the building strucrure located upon the property described as sub-division of
I) IOii2-H>ii0

                          Block 95, Lot 22 also known as 497 Catawba found the conditions listed on the attached
                          :iages exist md :hat :hese ~onditions are '.rnzardous as defined in Section .l.-23 of the Code of
     .,,;-,·,.,:, ...     Ordinances .
 . : ,, ~:.! ,.,, i !.~


                          The Board further found that these conditions exist to the extent of endangering life, safety
:.l:1s11rt" :>en·1cc
•iiti1i'..!~•t)i0•        and the general welfare of the public.

·.1anueer"' orncc
                          Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
•110/i2~-!i72t            declared to be unsafe, substandard and a public nuisance.

'.laHJr s OIFlt'C         It is. therefore, ordered that the owners or other interested parties take such action to repair
•il6172-Hii01
                          or remove said suucture, or appeal this order within 20 days of the receipt of this order.

f'lannineiZonm~
•1 lf:it72 • -tii02
                          It is further ordered that if the owners or other interested parties fail to repair or remove said
                          suucture, or appeal this order within 20 days of the receipt of this order, the Building
                          Official shall take bids and.remove said structure.
!'olice Dept
•i1ti/i2-Hii50



l'ulJHc Worts
lilli/726-47R6



l'rto~urer
lilo/724-6720



Waltt l.>t.pt.
1)161724-6718
                    DAi"IGEROUS BUILDING INSPECTION

                              497CATAWBA
                               . 4/6/1998
APPROXIMATELY 20 FT. X 40 FT 2 STORY WOOD FRAME UNOCCUPIED HOUSE.

I.   FRONT STEPS DETORIOTING AND FALLING APART.
2.   WINDOWS BROKEN
3.   FRONT PORCH FLOOR SAGGS
4.   SIDING ROTTED WITH OPEN HOLES
5.   REAR STEPS ROTTED.
6.   FOUNDATION LOOSE WITH OPEN HOLES
7.   BUILDING IS UNSECURED
8.   ANIMALS LNING IN HOUSE ,
9.   SECOND FLOOR DOOR WITH OUT LANDING OR STEPS.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE lvlEETS THE DEFINITION OF A DANGEROUS
A.J."\ID/OR SUBSTA.J."\IDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
             11
     -~O
aifuflGEDOOD, Bu1LDING INSPECTOR
                                         y)c. /pl.
fj ll-il72--Hi750



 l'uhlic Works
 f)   Ifi/726--1786



 l'rrasurcr
 !)   l!i/72-1·6720



 Wali·r lkpt.
 (j   11il72-l•!i718



                                   City of Muskegon, 933 Terrace Street. P.O. Box 536, 'vluskegon, 'vlichigan 49443-0536
If you wish to appeal this order, you must d.o so within twenty days. Yau may obtain the
appeal. form at the City's Neighborhood and Construction Services Departlllent
(Inspections), City Ha.11. 933 Terrace Street.
HOUSrNG BOARD OF APPEALS
JUNE 4, 1998
PAGE2


    ress we would not forward this case to the City Commission. Greg Borgman mar1e..-
          upported by Boyd Arthur, to declare the structures at I 072 Getty to be       e,
       .U4J...,..M!'ublic nuisance and forward to the City Commission for co      ence. A roll call
vote was taken:

AYES:

Greg Borgman
Randy Mackie
Fred Nielsen
Robert Johnson
Clint Todd
Boyd



NEW CASES:

#98-22 - 497 CATAWBA - GUADALOUPE LOERA/FRANCISCO SANTOS
                       1968 DYSON, MUSKEGON, MI.

The owner did not attend meeting. Dan Schmelzinger said that we have had some contact with
Ms. Loera. She wants to make improvements but has not pulled any permits. Staff
recommendation is to declare the structure as a dangerous building. Robert Johnson made a
motion, supported by Randy Mackie, to declare the structures at 497 Catawba to be unsafe,
substandard, a public nuisance and forward to the City Commission for concurrence. A roll call
vote was taken:

AYES:                         NAYS:

Greg Borgman                  None
Randy Mackie
Fred Nielsen
Robert Johnson
Clint Todd
Boyd Arthur

The motion carried.
              •: .\ction
                 J
                                                            MUSKEGON
     ~5SOr
 1,16(724--6708
 FA.XJn 4-~ 178

 Cemetery
 6 [61724-6783
 FAX/726--5617

Civil Service
ti16/724-67(6
FAX/724--6790                                               West Mlclllgan's Shoreline City
Clerk                                                          CITY OF MUSKEGON
616/724--6705
FAX1724-4178
                                                       NOTICE OF HEARING ON
Comm. & Neigh,
  Services                                        DANGEROUS AND UNSAFE CONDITIONS
6l6/724--6717
FAX/726-250 I

Engineering
616/724-6707
                           DATE:           May 19, 1998
FAX1727-6904

rinance
                           TO:             Guadalupe Loera/Francisco Santos
616/72-l-67IJ
FAX/72-1-6768
                           SUBJECT:       Case #98-22- 497 Catawba (house)
Fire Dept.
616/72-1-6792
FAX172-1-6985              PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Income Tax
                           of Muskegon will be held on June 4, 1998 at 5:30 p.m. at the Muskegon City Hall
616/72+-6770               Commission Chambers on the first floor. Said hearing will be for the purpose of
F\X/724-6768
                           determining whether the structure should be demolished or otherwise made safe.
Info. Systems
6(6/724-6975
FAX/724--6768
                           The structure has been inspected by officials from the Neighborhood and Construction
                           Services department and it is alleged that it has defects as listed on the attached page(s).
l'.,•1~urf' ~en·1ce
', I (,.'724-h 704
FAX/724-6790               The defects are violations of Section 4-23 of the Muskegon City Code which defines
\lana~er's Office          dangerous buildings.
616/72-1-6724
FAX/722-1214
                           At the hearing, the Neighborhood and Construction Services department will present
\layor's Office
6\6/724-6701
                           testimony regarding the alleged defects. You are advised that you or your representative
FAX1722-1214               may cross examine the City's witnesses and you may present testimony in your own behalf
.'kigh. & Const.           and call witnesses in your own behalf. We encourage you to attend the meeting since it is
   Services                always better if someone is available to answer any questions the Board may have.
616/724-6715
FAX/726-2501

Planmng/Zonmg
                           Neighborhood and Construction Services
r,]6/724-6702              City of Muskegon
FAX/72-1-6790

Police Dept.
616/724-6750
FAX/722-5140

Public Works
6\6/724-4!00
FAX/722-4188

freasurer
616/724-6720
FAX1724-6768

Water Dept.
(,lf,/724-6718
FAX/72-1-6768

Water Filtration
(,16/72-1-4106
FAxn55-5290                         City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
              AFFIDAVIT OF POSING NOTICE OF ORDER

        R?? l/4.     ll../0£:k'J--'i,(1,,J _ _---I--'/)=·~s-__,~=./1'-"7/J'-'.,Fp-•- - - -
INSPECTidNREPRESENTATIVE                             TITLE        ,




ATTACHMENT ON BUILDING.

    12~-
   INSPECTION REPRESENTATIVE



STATE OF MICHIGAN S.S.
COUNTY OF MUSKEGON

SUBSCRIBED AND SWORN TO BEFORE ME, A NOTARY PUBLIC, THIS
_ _ _ _ _ DAY OF _ _ _ _ _, 199_.


NOTARY PUBLIC

MY COMMISSION EXPIRES_ _ __
                 NEIGHBORHOOD AND CONSTRUCTION SERVICES
                   AFFIDAVIT OF SERVICE BY CERTIFIED MAIL
                                                                  \
 Js (,vr,c!Lcv y, ·/]a,yz/i'=- ____________
 CITY CLERK REPRESENTATIVE                 TITLE


 OF THE CITY OF MUSKEGON, MICHIGAN BEING DULY SWORN, DEPOSES
 AND SAYS THAT A TRUE COPY OF THE WITHIN NOTICE OR LETTER WAS
 MAILED TO:

fB.anC-J seo ~ nTiJS             AND _ _ _ _ _ _ _ _ _ _ __
         G V 0 - ~ Jf~
BY CERTIFIED MAIL WITH RETURN RECEIPT DEMANDED AND BY PLACING
THE SAME IN THE POST OFFICE OF THE CITY OF MUSKEGON IN A SEALED
ENVELOPE, ADDRESSED TO EACH OF THE PERSONS ABOVE NAMED AT:

   49 '7 (}µ-q,_u)-8___,
       STREET ADDRESS                    STREET ADDRESS


         CITY, STATE, ZIP                  CITY, STATE, ZIP

WITH FULL POSTAGE, INCLUDING FEES FOR CERTIFICATION, PREPAID
THEREON, THE POSTAL RECEIPT SHOWING SUCH MAILING BEING
HEREUNTO ANNEXED AND THAT AN OFFICIAL RETURN RECEIPT
THEREFORE WAS RECEIVED, WHICH SAID RECEIPT IS ALSO HERETO
ATTACHED.

DATED:      Cf   /1s /c/'?
STATE OF MICHIGAN S.S.
COUNTY OF MUSKEGON

SUBSCRIBED AND SWORN TO BEFORE ME, A NOTARY PUBLIC, THIS
_ _ _ _ _ DAY OF _ _ _ __, 199        .


NOTARY PUBLIC
                    DANGEROUS BUILDING INSPECTION

                             497 CATAWBA
                                 4/6/1998
APPROXIMATELY 20 FT. X 40 FT 2 STORY WOOD FRAME UNOCCUPIED HOUSE.

I.   FRONT STEPS DETORIOTING AND FALLING APART.
2.   WINDOWS BROKEN
3.   FRONT PORCH FLOOR SAGGS
4.   SIDING ROTTED WITH OPEN HOLES
5.   REAR STEPS ROTTED.
6.   FOUNDATION LOOSE WITH OPEN HOLES
7.   BUILDING IS UNSECURED
8.   ANIMALS LIVING IN HOUSE
9.   SECOND FLOOR DOOR WITH OUT LANDING OR STEPS.




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


                                        y/c., /<;j

                                       OFFICIAL
49 '1 C.O..\. 0-."'-l\o'l,.
     1..//1,/'1'1
City of Muskegon
Inspections Department
                                                                                          -❖-E
                                                                                                  s

                                             I I I I III
              ~Ill Fl I 11 H H I I I I
                                                           I



  /\VI




                                                               *=Subject Property (497 Catawba)




              ·          w~         1ii1
                         i~j~=j '11 IfI~~
         >-
         "'
         0
         0

         ~




                         I I I I
                             BENTON AV
                                         I      ~

   ~
To: Bob Grabinski                                                  December 5, 2000

From: Rick Clark

Re: 497 Catawba

Upon inspection of the above address I found the following violations

Plumbing
      1. Water piping unsupported
      2. Water piping unprotected from possible damage
      3. Waste and vent piping does not conform to 1997 IPC
      4. Unapproved fittings and materials used
      5. Discontinued branches not removed from system
Mechanical
      1. Installation incomplete
      2. No pressure test on fuel gas line
      3. Mechanical system in general state of disrepair
      4. Unapproved materials used


       Upon questioning the homeowner who had applied for and was issued the
       plumbing and mechanical permits. The homeowner informed me that a Mr.
       Richard Garza had been performing all the plumbing and mechanical work. Mr.
       Garza is not to the knowledge of this office either a master plumber or a licensed
       mechanical contractor. Ifhe is he has not registered his license with this office.
       Considering the length of time the permit has been issued and the lack of progress
       towards its completion. I can only assume that Mr. Garza lacks the necessary
       skills to successfully complete the task.

Richard Clark
Plumbing/Mechanical Inspector
City of Muskegon
                                Electrical Inspection
                                   497 Catawba
                                 December 5, 2000



1. All Metal Boxes must be grounded
2. All Grounds must be properly spliced and terminated.
3. Protect Romex where hole or notch is closer than 1.25 inches from edge of framing
    member.
4. Plaster ears may not be removed from electrical devices.
5. Smoke detectors must be powered by commercial power.
6. No point on wall to be more than 6 ft from outlet.
7. No point on kitchen counter to be more than 2 ft from outlet
8. Circuits service outlets in kitchen and dining room outlets to serve no other loads.
    (Can't tell)
9. Kitchen counters to be served by no less than 2 20-amp circuits. (Can't tell)
10. All bathroom outlets to be on 20 amp dedicated circuit.
11. Bathroom fan not installed.
12. Outlet boxes with 3 wires are too small (must be deeper)
13. 3way switch required on all stairs.
14. Electrical permit must reflect scope of work being performed.


Bob,
This is almost identical to my report from last September.

Also note that an unlicensed person is executing some repairs.
                        CITY OF MUSKEGON
               DANGEROUS BUILDING INSPECTION REPORT

                                497 CATAWBA
                                    12/5/00

Progress Inspection:

1.    Rough openings in wall doors and windows have incorrect header support.
      Headers carry the weight of the building across door and window openings.
      The trimmer studs and cripple studs are installed incorrectly.
2.    Front porch floor joists have improper support causing a serious situation of
      improper load support. The joists are spanning distances and unacceptable
      to code. No girder or beam is present to support span, no joist hangers are
      present.
3.    Cantilevered upper porch landing cannot be accepted without engineering
      or column post support with approved stairway.
4.    Floor joists and plates have been cut. Notched beyond the structural
      capacity allowed.
5.    The incorrect framing needs attention or progress on project will be
      severely hindered.


BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
DATE:          November 21, 2000

To:            Honorable Mayor and City Commissioners

From:          Inspection Services Department

Re:            Concurrence with the Housing Board of Appeals determination for
               demolition of the structures at 4 W. Clay Ave., AKA, dangerous building
               case number 00-19.


SUMMARY OF REQUEST: This it to request City Commission concurrence with the
findings of the Housing Board of Appeals that the structure located at 4 W. Clay Ave.
(also known as, United Auto Body Shop) is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days.

It is further requested that administration be directed to obtain bids for the demolition of
the structure and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.

FINANCIAL IMPACT: The cost of demolition will be paid with budgeted CDBG funds.

BUDGET ACTION REQUIRED: None.

CASE HISTORY: This commercial building (United Auto Body Shop) is located in
Jackson Hill Neighborhood on Clay Ave. near Spring St. Mr. David Scanlon is the
owner. A dangerous building inspection was conducted on 1/21/00. A notice and order
was issued on 2/2/00. The case went before the Housing Board of Appeals on 4/6/00.
The Board tabled the case until 9/1/00 to allow time for Mr. Scanlon to submit completed
drawings to the inspections dept. and to schedule an inspection for electrical, plumbing,
mechanical and fire. (Please see the attached minutes). On 5/9/00 a fire inspection was
conducted which revealed fourteen (14) fire code violations. (Please see attached letter
dated 5/11/00. There had been no contact since then from Mr. Scanlon and the repairs
were not completed on 9/ I /00 so the case went before the Housing Board of Appeals
again on 9/7 /00. Mr. Scanlon failed to attend the meeting and the Board declared the
structure unsafe m,J a public nuisance (Please see attached minutes). After the Finding
of facts and order dated 9/11/00 was sent, Mr. Scanlon contacted this office and stated
that he was in a divorce situation and unable to do anything with property.

ESTIMATED COST TO REPAIR:             $40,000.00

STAFF'S RECOMMENDATION: This office is concerned with the structuraly integrity
and potential for collapse. Therefore, it is the staff recommendation that the structure(s)
located at 4 W. Clay (United Auto Body Shop) be declared unsafe, substandard, a public
nuisance, and to demolish the structurc(s).
COMMITTEE RECOMMENDATION:      The City Commission will consider this item
al it's meeting on 12/12/00.
                       '
                   r,:
;· ,! I, \ [
~   ,    1L   '.   l   ".__   _   ._




        4 W.               C-LA~ Ave.
              '/a, Jao
                           DANGEROUS BUILDING INSPECTION

                                            4W.CLAY
                                  COMMERCIAL BUILDING
                                      UNITED AUTO BODY
                                              1/21/2000

    1. Severe structural damage occurring on front and sides of building. Exterior front and
       side brick walls are severely cracked and falling off the building creating a dangerous
       situation of collapse.

    2. Parapet caps are separated.

    3. Front building wall severely cracked, bowing and leaning.

    4. Front entry door and service garage door show opening shifting .
•
    5. Brick face around front window falling off.

    6. Missing siding on whole building.

    7. Sections of brick falling off of north exterior wall.




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


    rd
    HENRY
         I: , ~     dn~~-'
                  TINOWSKI, BUILDING INSPECTOR
                                                                            c:, a '.:\
                                                                                DATE


    CONCURRENCE:        ~-,eM,;t ffi~ ,_j,,~w--
                            /?



            ~ JE~- MCINTYRE,                       ILDING OFFICIAL
    /4rirn1.1!i1,• \..:tiun
(    (,!h -~..j.f,-1/J
      F \ \ -:..i-6-'IO

      \,,,·~,or
     blf>."':!-t-6..,08
      F \.\. ':2-1-6..,68

     Cemetery
     616,72-1-6783
      F.-\.\1722--1188

     Ci1il Ser.ice
     616172-1-6716
     FAX/724-6790                                            West Michigan's Shoreline City
     Clerk
     616/72-1-670S                                              NOTICE AND ORDER
     FAX/72-1-4178

     Comm. & Neigh,
        Services
                              February 2, 2000
     616/72-1-6717
     FAX/726-2501

      Engineering
      616/724-6707
      FAX/72-1-6790
                              David Scanlon
                              965 Sherwood
      Finance
      616/72-1-6713           Muskegon, Mi. 49441
      F,"'-'-1724-6]6~

      Fire Dept.              Dear Property Owner:
      616/72-i-6792
      FAX/72-1-6985
                              Subject:       4 W Clay - Commercial Building
      Income Tax
      616/724-6770
                                             S 132 FT of Lot 5 lying WL Y of Ryerson Creek
      F,\X/724-6768

      Info. Systems
                              The City of Muskegon Building Official has recently inspected the subject property and has
      616/72-.1-6975          found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
      FAX/724-6768
                              Code.
      Leisure Sen-ice
      616/724-6704
      FAX/72-1-6790           As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
      .\lanager's Office
                              structures within thirty (30) days .
      6]6/724-672-1
       FAX/724-6790
                              If you elect to repair the structures, you must secure all required permits and physically
      :\layor's Office        commence the work within thirty (30) days from the date of this order.
      616/724-6701
      FAX/72-1-6790
                              Should you have any questions concerning this matter, please do not hesitate to contact our
      .'\cigh. & Const.
          Sen ices            Building Official, Jerry McIntyre at 724-6715.
      616/72-1-6715
      F-\X/724-6790
                              Sincerely yours,
      Planning/Zoning
      616/72.f-6702
      FAX/724-6790

      Police Dept.
                              ~~/1_+(2~
      616/724-6750            ~tk:;?rabinski
      FAX/722-5140
                              Fire Marshal/Inspection Services
      Public Works
      616/72-1--H00
      FAX/722--1188

      Treasurer
      6\6/72-1-6720
       FAX/72-1-6768

      Water Depl.
      6\6/72-1-6718
       FAX1724-6768


       \\-11er Fil1ration
       &l&, .. 24--1100
       F \.\. 75:t.5290              Cit) of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49-143-0536
    J\1Tirm.u1,e .\cfion
/    ;,iti,~~-l-6~UJ
      F-\X."'~+-6"'90

     \ssessor
     616, -r:!+-6 708
     FA.X/724-6'.'68

     Cemetery
     616/724-6783
     FAxn22-4!88

     Civil Ser,ice
     616172+-6716
     FAxnH-6790                                             West Michigan's Shoreline City

     Clerk
                                                              CITY OF MUSKEGON
     616/724-6705
     FAxn24-6768
                                                       NOTICE OF HEARING ON
     Comm. & Neigh.                               DANGEROUS AND UNSAFE CONDITIONS
         Services
     616/72-1-6717
     FAX1724-6790

     Engineering
     616/724-6707
     FAxn24-6790            DATE:          March 23, 2000
     Finance
     616/724-6713           TO:            David Scanlon
     PI\X/724-6768

     Fire Dept.             SUBJECT:      Dangerous Building Case #00-19 - 4 W. Clay
     616/724-6792
     FAX/724-6985
                            PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
      Income Tu:
      616/724--6770
                            of Muskegon will be held on April 6, 2000 at 5:30 p.m. at the Muskegon City Hall
      FAX/72-1-6768         Commission Chambers on the first floor. Said hearing will be for the purpose of
      Info. Systems
                            determining whether the structure should be demolished or otherwise made safe.
      616/724-6975
      F AX/724-6768
                            Officials from the Inspection Services Department have inspected the structure and it is
      Leisure Service
      616/724-6704
                            alleged that it has defects as listed on the attached page(s).
      FAX1724-6790

      Manager's Office
                            The defects are violations of Section 4-23 of the Muskegon City Code, which defines
      616/724-672-1         dangerous buildings.
      F AX/724-6790

      Mayor's Office        At the hearing, the Inspection Services Department will present testimony regarding the
      616/724-6701
      FAX1724-6790          alleged defects. You are advised that you or your representative may cross examine the
                            City's witnesses and you may present testimony in your own behalf and call witnesses in
      Neigh. & Const.
        Sen,ices            your own behalf. We encourage you to attend the meeting since it is always be!ter if
      6\6/72-1-6715         someone is available to answer any questions the Board may have.
      FAX/72-1-6790

      Planning/Zoning
      616/72.4--.6702
                            Inspection Services
      FAX/724-6790          City of Muskegon
      Police Dept.
      616/724-6750
      FAX/722-5140

      Public Works
      616/724--4100
      f Axn22-4 l88

       Treasurer
       616/724--6720
       FAX1724-6768

       Water Dept.
       616/724--6718
       FA\f72-U768

       W-'ter J,'iltntion
       6\6;'724-4106
       F.-\:\,-.C:5-5290
                                     City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                             •   I. ,_,




                          MUSKEGON HOUSING BOARD OF APPEALS
                                     April 6, 2000
                                      5:30 P.M.

                         Greg Borgman, Robert Johnson, John Warner, •.....,_.,
                         Mackie, Fred Nielsen, William Anderson, Cli



      STAFF:                b Grabinski, Jerry McIntyre, n LaBrenz,
                         He     Faltinowski, Cathy E    tt for Bonnie Bauman and Kevin
                               "'.,.,"', Officer
0-'
      GUESTS:
nc
~y:
en    Vice Chainnan Robert Jo on called the        · 6, 2000 meeting of the Muskegon
 le   Housing Board of Ap    s to order at 5:30 p.m.     II call was taken.
)ei
1el
thE
                 man made a motion, supported by Fred Nielsen, to app
             2, 2000 meeting. The motion carried.

#I

 /!   #00-19 - 4 W. Clay- David Scanlon, 925 Sherwood, Muskegon MI.
 t
 I    Mr. Scanlon attended the meeting and reported that he could not do repairs until he gets
      the permits required. He was infonned some time ago that he needed drawings from an
      architect before permits could be issued. Mr. Scanlon stated that his Architect, Tim
      Bosma, delayed the completion of the drawings, but did give Mr. Scanlon a copy of what
      he had done so far which Mr. Scanlon had brought with him to the'meeting. Greg
      Borgman asked the Staff if they had seen the drawings before. Bob Grabin*i stated that
      the Inspections Dept has not seen the drawings but that Mr. Bosma had called and talked
      to Jerry McIntyre to let him know that he was working on the plans, Mr. McIntyre
      concurred. Mr. Grabinski asked Mr. Scanlon how much longer before the plans would be
      complete. Mr. Scanlon did not know. Staff recommended that the plans brought to the
      meeting be turned over to them and an extension be awarded to Mr. Scanlon to give him
      enough time for the Architect to complete the plans and then enough time for Mr.
      Scanlon to complete the work. Extend until September l, 2000. Greg Borgman made a
      motion, supported by Robert Johnson and Fred Nielsen to extend this case until 9/1/00
      and that an interior inspection must be set up by the Architect for Electrical, Plumbing,
      Mechanical and Fire.
AYES:                  NAYES:                        EXCUSED:               ABSENT:
Greg Borgman
Robert Johnson
Fred Nielsen
William Anderson
Randy Mackie
John Warner
Clint Todd

The motion carried.

  0-14 - 310 W Larch- JOESEPH SLOWIK, 310 W. LARCH, MUSKEGON MI.

          ·k attended the meetµig. Staff asked him why the repairs stopped ,an9 ho
               't contacted the Inspections Dept. Mr. Slowik stated that he paid a n-
                   or that never showed up. He said that his main problem was ding
siding to match "'"°'&11gued that the 4' x 6" area of siding that was missing       not a
safety issue. Fred N1 en asked the Staff if they had any objection to fi siding that
would be comprible but t match. Staff had no objections but reco             ended that the
structure be considered Sub       dard, unsafe, a public nuisance and rward to the City
Commission for concurrence          ss Mr. Slowik finishes the wo and calls for an
inspection within the 30 day time · it before forwarded to           ity Commission. Randy
Mackie made a motion, supported by hn Warner to acce              e staff's recommendation
and forward to the City Commission for

AYES:                         NAYS:                                         ABSENT:
Greg Borgman
Robert Johnson
Fred Nielsen
William Anderson
Randy Mackie
John Warner
Clint Todd

The motion carried

#97-76 -142 DELA         RE - CIGZREE MORRIS, 2528 PECK ST., HT .

Mr. Grabinski a d that the board indulge him and hear a case that was not on the
agenda beca     Ms. Morris was in the audience. Bob told board that Ms. Morris has
made a tre ndous amount of progress on repairs. There were a couple inspections
           by contractors who failed to show up. Staff recommends extending for 60
days allow time for completion of repairs and inspection. Greg Borgman made a
    on, supported by Robert Johnson to accept the staffs recommendation to extend for
   days to allow time for completion of repairs and inspection.




                                             2
   Jfirnu.'hc Action
  61ol7H---670J
  F.-\.\/122-1214                                  MUSKEGON
  Assessor
  61617.?-1---6708
  F.-\X/724---4178

  Cemetery
  61617H--678J
  F.--\X/722-4188

  Civil Ser,ict
  61617H--6716
  F.--\\/724--6790                                 West ~lkWgan's Shoreline Oty
  Clerk                May 11, 2000
  6161724-6 705
  FA.\/72-1--4178

 Comm. & \"eigh.
      Senit.:es
 616,':H-6717          Mr. Dave Scanlon
 F.--\.\.J726-250J
                       925 Sherwood
 Engineering           Muskegon,MI 49441
 616/72-1-6 707
 F,\X/727--6904
                       Re: Fire Inspection 4 W. Clay
 Finann•
 6\61""24-6713
 F,\.'\/7 24-6 768
                       Dear Mr. Scanlon:
 Fin• Dept.
 616i72-1-6792
 F.--\:\/724--6985
                       A fire inspection was conducted on 5/9/00 at your facility located at 4 W. Clay,
                       known as United Auto Body Shop. During the inspection the following fire safety
 Income Ta:,;
 616,72-1-6770         code violations were noted.
 F.\\/,2-1--6768

 Info. S~stems         1. U.F.C. 901.4.4 Premises Identification. Approved numbers or addresses shall
 616,"'.'2-1-6975
 F.-\:\, 72-1-6768
                          be provided for all new and existing buildings in such a position as to be plainly
                          visible and legible from the street or road fronting the property.
 Leisure Sen ice
 616/"'2-l-6 70-I
 F,\:\, 724-6790          No address on building.
.\lan.1ger's Office
616,72-1-672-1         2. U.F.C. 902.4 Key Boxes. When access to or within a structure or an area is
F.--\:\.'72!-1214
                          unduly difficult because of secured openings or where immediate access is
.\la~or's Office          necessary for life-saving or firefighting purposes, the chief is authorized to
616/'2-1-671)\
F.\.\./72?-121-1          require a key box to be installed in an accessible location. The key box shall be
\cigh. & Const.
                          of an approved type and shall contain keys to gain necessary access as required
    Sen ices              by the chief.
6(61724-6715
F.--\.'\/7~6--2501
                          No key box.
Planning/Zoning
616,72-1-6':'l)2
F.-\:\i72-l-6790       3. U.F.C. 90.2.1 Required Access. Fire apparatus access roads shall be provided
Pulice De11t.             in accordance with Section 901 and 902.2 for every facility, building or portion
616172-1-6750
FA:\/722--5140
                          of a building hereafter constructed or moved into or within the jurisdiction when
                          any portion of the facility or any portion of an exterior wall of the first story of
Public \\."orks
616/724-4100
                          the building is located more than 150 feet from fire apparatus access as
F.--\.'\/722--1 !88       measured by an approved route around the exterior of the building or facility.
Treasurer
616/724--6720             Access required around the complete exterior of the building.
F.--\xn24--6768

Water Dept
616/724-6718
F..\.X/724--6768

Water Filtration
616/724--4106
F.--\:\nSS-5290           City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
4 W. Clay
May 11, 2000
Page 2

4. U.F.C. 103.4.5 Unsafe Buildings. Buildings or structures which are structurally
   unsafe or not provided with adequate egress, or which constitute a fire hazard or
   are otherwise dangerous to human life, or which in relation to existing use
   constitute a hazard to safety or health or public welfare, by reason of inadequate
   maintenance, dilapidation, obsolescence, fire hazard, disaster damage or
   abandonment as specified in the code or any other ordinance, are, for the
   purposes of Section 103.4.5, unsafe buildings. Such unsafe buildings are hereby
   declared to be public nuisances-and shall be abated by repair, rehabilitation,
   demolition or removal.

   Unsafe building due to structural hazards.

5. U.F.C. Section 8504 Abatement of Electrical Hazards. When electrical hazards
   are identified, measures to abate such conditions shall be taken. Identified
   hazardous electrical conditions in permanent wiring or temporary wiring shall
   be corrected in cooperation with the authority enforcing the Electrical Code.

   Electrical wiring, devices, appliances and other equipment which are modified
   or damaged and constitute an electrical shock or fire hazard shall not be used.

   Section 8506 Extension Cords and Flexible Cords. 8506.1 General. Extension
   cords shall not be used an a substitute for permanent wiring.

   Electrical hazards.

6. Improper storage of combustible flammable liquid.

7. Application of flammable finishing shall comply with Uniform Fire Code
   Article 45 requirements. See enclosure.

8. Hot work shall comply with Uniform Fire Code Article 49. See enclosure.

9. U.F.C. 7401.6.1 General. Compressed gas containers, cylinders, tanks and
   systems shall be secured against accidental dislodgment and against access by
   unauthorized personnel in accordance with Section 7401.6.

   7401.6.4 Securing compressed gas containers, cylinders and tanks. Compressed
   gas containers, cylinders and tanks shall be secured to prevent falling due to
   contact, vibration or seismic activity.

   Compressed gas shall be stored in appropriate locations and secured.
4 W. Clay
May 11, 2000
Page 3

10. U.F.C. Section 1203 Means of Egress Obstructions. Obstructions, including
    storage, shall not be placed in the required width of a means of egress, except
    projections as allowed by the Building Code. Means of egress shall not be
    obstructed in any manner and shall remain free of any material or matter where
    its presence would obstruct or render the means of egress hazardous.

   Exits needed

I I. U.F .C. 1212.1 General. For the purposes of the Building Code, the term "exit
     sign" shall mean those required signs which indicate the path of exit travel
     within the means of egress system.

   Exit signage.

12. U.F.C. 1211.2 Emergency Power Equipment. Equipment providing emergency
    power for means of egress illumination and exit signs shall be maintained in an
    operable condition.

   Emergency lighting needed.

13. U.F.C. 111 I. I Fire-resistive construction. Required fire-resistive construction,
    including occupancy separations, area separation walls, exterior walls due to
    location on property, fire-resistive requirements based on type of construction,
    draft-stop partitions and roof coverings shall be maintained as specified in the
    Building Code and this code and shall be properly repaired, restored or replaced
    when damaged, altered, breached, penetrated, removed or improperly installed.

   Fire-resistive construction needed.

14. Storage in mezzanine.

If you have any questions, please contact me at 724-6793.




Major Metcalf
Fire Inspector
 \!llrnurllc A.:tlon
!.'l ":1-t-67UJ
F-\.'\."'.'!!-121-t

\_;)'-'Hor
!JI 7!+-6708
FA.\'.."726-5181

Cemetery
2J !1724-6783
FA.X/726--5617

Civil Service
231/724-6716
F AX/724-4405                                           West Michigan's Shorellne City
Clerk
231/724-6705
FAX/724--4178                                             CITY OF MUSKEGON
Comm. & Neigh.
  Sen-·lces
231/724-6717
                                                  NOTICE OF HEARING ON
FAX/726--2501                                DANGEROUS AND UNSAFE CONDITIONS
Engineering
231/724-6707
F AX/727-6904

Finance
231/724-6713
                       August 16, 2000
F AX/724--6768

Fire Dept.
                       Mr Dave Scanlon               Comerica Mortgage Corp
231/724-6792           925 Sherwood                  30150 Telegraph Road, Ste 100
F AX/724-6985
                       Muskegon MI 49441             Bingham Farms, MI 48025
Income Tax
231/724-6770
FAX/724-6768           Dear Property Owner:
Info. Systems
231/724-6744           SUBJECT:      Dangerous Building Case #00-19-4 W. Clay, Muskegon MI
fAX/722-4301

Leisure Service        PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
231/724-6704
FAX/724--1196          of Muskegon will be held on Thursday, September 7, 2000 at 5:30 P.M. in the Muskegon
                       City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Manager's Office
231/724-6724           determining whether the structure should be demolished or otherwise made safe.
FAX/722-1214

Mayor's Office         Officials from the Inspection Services Department have inspected the structure and it is
231/724--6701
FAX/722-1214
                       alleged that it has defects as listed on the attached page(s).
Inspection Services
231/724-6715           The defects are violations of Section 4-23 of the Muskegon City Code, which defines
FAX/726-2501           dangerous buildings.
Planning/Zoning
231/724-6702
FAX/724--6790
                       At the hearing, the Inspection Services Department will present testimony regarding the
                       alleged defects. You are advised that you or your representative may cross examine the
Police Dept.
231/724-6750
                       City's witnesses and you may present testimony in your own behalf and call witnesses in
FA.X/722-5140          your own behal£ We encourage you to attend the meeting since it is always better if
Public Works           someone is available to answer any questions the Board may have.
231/724-4100
FAX1722-4188
                       Inspection Services
Treasurer
231/724-6720
                       City of Muskegon
FAX/724-6768

Water Bllllng Dept.
231/724-6718
FAX1724-6768

W1ter FUtntlon
231/724--4106
FAX/755--5290


                               City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
•



      roll call vote was taken:

                                       NAYS:                               ABSENT:
    John                                                                   Rev., Willi
    Randy                                                                  Greg B man
    Jerry Bever                                                            Fred eilsen
    Clint Todd



                                                                      10 Amity #1, Muskegon Ml

    Mr. Wishart did not attend the m
    work has been done. Building lnsp

                                                               done. There has been no contact
                                                                 eclaring a dangerous building and


    Randy Mackie, supported                               to declare the structure(s) at
    491 E Apple Ave to bes standard, unsafe, a public nu1     ce and forward to the
    City Commission for   currence in demolition.
    A roll call vote was

    AYES:                              NAYS:                               ABSENT:
    John Warne                                                             Rev., William An
    Randy M                                                                Greg Borgman
    Jerry B er                                                             Fred Neilsen
    Clint odd

       emotion Carried.
                                                                                        I     I

    #00-19 - 4 W. CLAY - David Scanlon, 965 Sherwood, Muskegon Ml

    Mr. Scanlon did not attend the meeting. Mr. Grabinski reminded the Board that this
    case was tabled at the April meeting until 9/1/00. Mr. Scanlon was supposed to
    bring in drawings from an architect. No drawings have been presented to the
    Inspections department and no work has been done that the staff is aware of.

    Randy Mackie, supported by Clinton Todd, made a motion to declare the
    structure(s) at 4 W. Clay to be substandard, unsafe, a public nuisance and forward
    to the City Commission for concurrence in demolition.




    F:'Jnspections EvL'rL'tt' Cathy HB.-\ ~[EETf);GS minutes -9-7-00.doc
                                                                        /J   I I.




A roll call vote was taken:

AYES ·                             NAYS:                              ABSENT:
John Warner                                                           Rev., William Anderson
Randy Mackie                                                          Greg Borgman
Jerry Bever                                                           Fred Neilsen
Clint Todd

The motion Carried.

   0-34- 939 JEFFERSON - Jack O'mally, 1107 W. Hile, Muskegon M

            did not attend the meeting. Mr. Grabinski stated that wor ,s being done
as we spea nd progressing nicely. Staff recommended tabling t        case for 60
days to allow t,  for completion of repairs.

Randy Mackie, supp ed by Clinton Todd, made a motion to
days. If repairs are not mpleted, the case will be reviewe
meeting.
A roll call vote was taken:

AYES:
John Warner                                                           Rev., William Anderson
Randy Mackie                                                          Greg Borgman
Jerry Bever                                                           Fred Neilsen
Clint Todd

The motion Carried.

#99-27 - 381 OAK - Anthony Huff                                       n, Muskegon Ml

Mr. Huffman did not attend the     eting. Mr. Grabinski i rmed thEJ Boprd that Mr.
Huffman did stop into the lnsP, \ions Office at 4:30 PM Se ember 7, 2000 to report
that he could not attend the eeting due to a conflicting app · tment he. had in
Lansing; however, he had ported that the repairs have been mpleted. When
Staff informed Mr. Huff n that an inspection was required upo ompletion of         .
repairs he stated that    was unaware of that requirement. Grabi ki stated that no
inspections have be conducted as of yet but one was scheduled 'th Henry
Faltinowski on 9/ 00.

                  ded declaring the structures as dangerous and forward    city
                ontingent upon the inspection. If the repairs are approved  the time
of the ins ction, the case will be removed from the dangerous building re rd.
Howev , if the repairs are NOT approved at the time of inspection, the case ill be
forw     ed to the City Commission for concurrence with demolition.




F:· Inspections E,·erett\Cathy\HB.\ ~IEETI:s;GS'minutes -9-7-00.doc
                                                             MUSKEGON
    ):ffirmatlve Action
/    ;,31n2u10J
     FAX1722-1214

     Assessor
     231n24-61os
     FAXnl6-518I

     Cemetery
     13In24--6783
     FAXn26-5617

     Clvll Senrfce
     231/724--6716
     F AXn24-4405                                            West Mldllgan's Shorellne City
     Clerk
     23ln24-6705
                                                 MUSKEGON HOUSING BOARD OF APPEALS
     FAX/7244178

     Comm. & Neigh.        DATE:           September 11, 2000
        Services           CASE:           #0019 - 4 W Clay Ave., Muskegon MI
     231/724-6717
     FAX1726-2501
                           David Scanlon
     Engineering
     2J1n24-6707           965 Sherwood     q;;)f
     FAX/727-6904
                           Muskegon MI 49441
     Finance
     ntn24-67t3
     FAxn24--6768          FINDING OF FACTS AND ORDER
     Fire Dept.
     231/724-6792          The following action was taken at a session of the Muskegon Housing Board of Appeals
     FAX/724--6985         held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on September 7, 2000
     Income Tax            The Inspections Services Department of the City of Muskegon, having inspected the
     231/724-6770
     FAX1724-6768
                           building structure located upon the property described as S 132 FT OF LOT 5 LYING
                           WLY OF RYERSON CREEK, BLK 173, also known as, 4 W. CLAY AVE, found the
     Info. Systems
     231/724-6744          conditions listed on the attached pages exist and that these conditions are hazardous as
     FAxnll-4301           defined in Section 4-23 of the Code 9fOrdinances.
     Leisure Service
     231/724-6704          The Board further found that these conditions exist to the extent of endangering life, safety
     FAX/724-1196
                           and the general welfare of the endangering life, safety and the general welfare of the public.
     Manager's Office
     231/724--6724
     FAX/722-1214          Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
     Mayor's Office        declared to be unsafe, substandard and a public nuisance.
     231/724--6701
     FAX/122-1214
                           · It is, further ordered that if the owners or other interested parties fail to repair ofremove said
     Inspection Services
     231/724--6715
                             structure, or appeal this order within 20 days of the receipt of this order, the Building
     FAX/726-2501            Official shall take bids and remove said structure.
     Planning/Zoning
     231/724-6702
     F Axnl4--6790

     Police Dept.
     231/724-6750
     FAX/722-5140

     Public Works
     231/724--410-0
     FAX/7224188

     Treasurer
     231/724-6720
     FA.Xf12-Mi768

     Waler BlWng Dept.
     231/724-6718
      F AXl724--6768

      Water Filtration
      231/72........ 106
      F AXnSS-5290


                                    City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
City of Muskegon
Inspections Department                                                                         ~E

                                                                                                    s




                                    EASTERN AV




                                                               *   = Subject Property (4 W. Clay)



                              ~~~
                         _,.cv'

                                                     ~
                                                     ~
                                                 I
                                                 "




                                                         /\~
Date:      December 12, 2000
To:        Honorable Mayor and City Commissioners
From:      City Attorney
RE:        Ordinance to Regulate the Storage and
           Accumulation of Junk Vehicles and Refuse




SUMMARY OF REQUEST:             To approve an ordinance amending
Chapter 10 of the Code of Ordinances, concerning Garbage and
Refuse, and further amending Sections 12-53 through 12-61 of Chapter
12 of the Code of Ordinances, concerning the storage and disposal of
unabandoned junk vehicles on private property.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval of the ordinance.
                                          CITY OF MUSKEGON

                                         Ordinance No. 2038


An ordinance amending Chapter 10 of the Code of Ordinances, concerning Garbage and Refuse,
and further amending Sections 12 - 53 through 12- 61 of Chapter 12 of the Code of Ordinances,
concerning the storage and disposal of unabandoned junk vehicles on private property.

The City Commission of the City of Muskegon ordains:

                                         Chapter 10 Amendments

Section 10 - 2 of the Code of Ordinances, entitled "Definitions," is amended by changing certain
definitions and adding definitions in the following respects only, so that the affected definitions
shall read as follows:

Extracted stumps shall mean stumps that have been extracted, dug, or removed from the ground.
This term shall include the attached roots of said tree stumps.

Refuse includes all waste, rubbish, garbage, trash, junk, bulk items, discarded materials of every
kind, unacceptable materials, medical and contagious waste, industrial waste, commercial waste,
domestic waste and any discard or discarded materials otherwise defined herein. Refuse shall
include all the definitional terms in this ordinance describing, identifying or defining any
material, substance, or personal property.

Rubbish includes miscellaneous solid waste material, resulting from housekeeping, and shall
include, but not be limited to packing boxes, cartons, magazines, ashes, tin cans, bottles,
glassware, dishes, rubber, rags, wood, leather, automobile tires, floor sweepings, cans, bottles,
paper, cartons, rags, discarded clothing, discarded utensils, containers, sweepings, glass,
crockery, nails, model wire, light bulbs, signs, advertising matter, newspaper, and similar
materials.

Trash shall include discarded household appliances, dismantled boats, airplanes, dismantled
vehicle parts, dismantled machinery or tools, machinery parts, scrap metal, paper, broken
furniture and similar property.

Junk shall include parts of machinery or motor vehicles, used stoves or other appliances,
remnants of any personal property, any wood, metal, concrete, building materials or any other
material or other cast-off material of any kind, whether or not the same could be put to any
reasonable use.

Subsection IO - 3(a) of the Code of Ordinances, entitled "Responsibility of owners and
occupants," is amended to read:




G:ICOMMON\5\GTJ\C-ORDISTORAGE4.0RD.DOC
         (a) Every owner, occupant or person in possession of any premises in the city is required
to have refuse removed and disposed of in accordance with this chapter and in accordance with
all rules and regulations promulgated under this chapter. The city shall provide for certain refuse
removal services for residential premises and there shall be paid to the city charges specified by
the city commission for such services. Every owner, occupant or person in possession of multiple
residential or nonresidential, commercial or industrial premises shall be responsible for the
storage, collection and disposal of refuse on and from the premises, as authorized, required and
as prohibited by this chapter, or federal, state or local laws, rules, and regulations.


                                          Chapter 12 Amendments

Sections 12-53 through 12-61, being portions of the text of Chapter 12 of the Code of
Ordinances, are hereby completely amended to read in their entirety as follows:

12-53. Title.

        This Ordinance shall be known as the Junk Vehicle Ordinance.

12-54 Purpose.

        This Ordinance is enacted to protect the health, safety and welfare of the City and its
citizens, and, further, in particular, to prevent and prohibit the storage, accumulation and
improper disposal of abandoned, wrecked, dismantled or inoperative vehicles, all of which
interfere with the enjoyment of the property, adversely affect property values, create fire hazards,
cause health problems, extend and aggravate urban blight, or encourage unsightly,
environmentally, or aesthetically degrading uses ofland in the City.

12-55 Definitions.

Junk vehicle shall mean any vehicle or motor vehicle, including motorized and non-motorized,
highway or non-highway vehicles, trailers or mobile homes, which are not currently licensed and
registered, even if operable, or, whether or not licensed and registered, not operable or useable
for their original purpose, or not operable or useable for their original purpose without major
repair, or partially/fully dismantled. The said term includes wrecked, damaged, junked,
dismantled, partially dismantled, inoperable, abandoned, unlicensed, unregistered or discarded
vehicles.

Motor vehicle is any vehicle which is self-propelled and designed to travel along the ground and
shall include, but not be limited to: automobiles, buses, motor bikes, motorcycles, motor
scooters, trucks, tractors, go-carts, golf carts, and race cars.

Seasonal vehicle shall mean any operative vehicle normally licensed for only part of the year.

Private property shall mean any real property within the City that is privately owned and which
is not public property as defined in this section.



G:\COMMON\5\GT JIC-ORDISTORAGE4.0RD.D0C
Public property shall mean any street, easement, alley or highway for its entire dedicated or
publicly owned width, or any property owned or controlled or capable of control by a
governmental entity, school district or public educational institution, including institutions of
higher learning, vocational training, or an intermediate school district

Disposal site shall mean a place for legally storing junk vehicles, including without limitation,
impounding lots, junkyards, public storage lots or garages, or other such premises.

12-56 General Prohibition.

        No person shall store any junk vehicle, except as where permitted and in accordance with
the City of Muskegon Code of Ordinances. The storage of said vehicles in violation ofthis
Ordinance shall be declared a nuisance. All junk vehicles shall be removed and disposed of at a
legally established disposal site.

12-57 [Language deleted; section reserved].

 12-58 Storage Requirements and Prohibitions; Junk Vehicles.

        (1)     No person shall park, store, leave, permit the parking, storing or leaving, of any
        junk vehicle upon any public or private property within the City. The presence of such
        vehicle, or parts thereof, on private or public property is hereby declared a public
        nmsance.

        (2)    This section shall not apply to the following vehicles, whether or not they are jm1k
        vehicles, as defined:

                 (a)      Any vehicle enclosed within a legally erected storage building in which
                 they fit completely and are fully enclosed on private property.

                 (b)      Any operative vehicle on a sales lot of a licensed motor vehicle dealer.

                 (c)    Any vehicle temporarily kept on the premises of a licensed auto repair
                 shop for the purpose of repairing the vehicle, provided the location of said vehicle
                 does not violate the Zoning Ordinance of the City of Muskegon.

                 (d)     One seasonal vehicle, provided it must be currently licensed, and in the
                 event it is not currently licensed, it must be stored in a legally erected building as
                 above.

12-59 Notice of Violation; Removal; Impounding; Penalty.

        (1)     Whenever any junk vehicle, as defined in this article, is found, a written notice
        shall be delivered in person or by first class mail to the owner of the junk vehicle and the
        owner or occupant of the private property on which the vehicle is located. An additional



G:\COMMON\5\GTJ\C,ORD\STORAGE4.0RD. DOC
                 notice shall be affixed to a conspicuous part of the vehicle. The notice shall describe the
                 violation of this ordinance and shall require the removal of the violation within seven (7)
                 days. If the violation is observed to exist after seven (7) days, a civil infraction ticket for
                 such violation(s) may be issued. The City may determine, with appropriate authority,
                 such as a court order or the property owner or occupant's permission or failure to respond
                 to the notice, to peaceably enter the property to correct the violation, including removal
                 or impounding of the vehicle at a disposal site.

                 (2)     If a vehicle is removed and impounded by the City at a location where there will
                 be impounding fees or charges, it shall give appropriate or required notice to the
                 registered owner of the vehicle and the State of Michigan, PROVIDED that the notice
                 shall not designate the vehicle as abandoned. The notice shall indicate that the vehicle
                 will be disposed of by sale in the event the owner fails to redeem the vehicle by paying
                 any charges or fees occasioned by the removal, impounding or storage of the vehicle.

                 (3)     The direct cost of any enforcement action, including a fifteen percent (15%)
                 surcharge for overhead and indirect costs, shall be charged to the owner or occupant of
                 the property, as well as any owner of the vehicle, and in addition shall be levied against
                 the property and collected in the manner of real prope1ty taxes, and shall constitute a
                 valid tax lien against the said premises if unpaid.

                 (4)      Any person who violates or fails to comply with the provisions of this Ordinance
                 shall be responsible for a civil infraction. Each act in violation of any of the provisions
                 hereof shall be deemed a separate civil infraction. In connection with and in addition to
                 the civil infraction, the City may request supplemental relief and/or other remedies as
                 available to the City. Civil infraction penalties shall be: One Hundred Dollars ($100) for
                 the first offense; Two Hundred Fifty Dollars ($250) for the first repeat offense within
                 twenty-four (24) months after the first offense; and, Five Hundred Dollars ($500) for a
                 second repeat offense within twenty-four (24) months after the first repeat offense.

12-60 Savings Clause.

        Each section of this Ordinance and each subdivision of any section is hereby declared to
be independent. Defining or holding of any section or subdivision to be invalid shall not affect
the validity of any other section or subdivision

12-61 Reserved.

This Ordinance adopted.

Ayes.__A_s_l_a_k_s_o_n-''----'-B_:,e__
                                    ne.c.d'--1--·c=-tcc''-'-N--i-=e--1"-se"-n=,-=S=-:c::.:.hc:.wc=e--i-'-f--1-=e'--rL'_:S::,h:,:ce:,Pcchcc:e'-r-=d_,_,_s"-·1'-'e'· -'r_,a,,,,d'.,cz"'k'-'i_,,,-"'-Sp"-a"-t"'a"'r-'o'--
Nays._ _;Nc:.:o::.:.n:.::e:___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Adoption Date:                                            12-12-00
Effective Date:                                           1-2-01



G:ICOMMON\5\GTJ\C-ORDISTORAGE4.0RD. DOC
First Reading:                12-12-00
Second Reading:               N/A
Publish:                      12-23-00

                                              CITY OF MUSKEGON

                                              By_~ ~ ~-"O
                                                        ~ . t~__:_~
                                                             ::.    ~ ~ ~ ~:___
                                              Gail A. Kundinger, City Clerk




                                          CERTIFICATE

       The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
Ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 12th        day of      December                 , 2000, at which meeting a
quorum was present and remained throughout, and that the original of said Ordinance is on file
in the records of the City of Muskegon. I further certify that the meeting was conducted and
public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan of 1976, as amended, and that minutes were kept and will be or have been made
available as required thereby.

DATED:       December 12 , 2000

                                           ~o.L·0
                                          Gail A. Kundinger, City Clerk



Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.




G:\COMMON\5\GTJIC-ORDISTORAGE4.0RD.DOC
                                    CITY OF MUSKEGON
                                   NOTICE OF ADOPTION

TO:    ALL INTERESTED PARTIES

      Please take notice that on December 12, 2000 the City Commission for the City of
Muskegon adopted amendments to the Garbage and Refuse and Junk Car ordinances, which in
summary form state as follows:

                          Chapter 10 Amendments - Garbage and Refuse

New definitions are added to the Garbage and Refuse ordinance, including definitions of
extracted stumps, which are now defined as refuse, and the definitions of "refuse," "rubbish,"
"trash," and "junk. 11

Section 10-13, entitles "Responsibility of Owners and Occupants," is amended for clarification.

                          Chapter 12 Amendments - Junk Vehicles

Sections 12-53 through 12-61 are amended, and some sections renumbered to provide for
definitions of junk vehicles and motor vehicles, seasonal vehicles, and public and private
property, and to prohibit the storage of junk vehicles on any property except in enclosed
buildings, or on properly established sales lots. Important provisions include:

       Definition of Junk Vehicle: Includes any unlicensed vehicle or, even if licensed, any
       inoperative vehicle

       Storage - No junk vehicle may be stored, parked or left on any prope1iy

       Removal - Junk Vehicles may be removed with appropriate notice and authoirity and
       disposed of or impounded.

       Violations - As presently provided, violation of the storage or parking provisions is a
       civil infraction, with fines of $100.00, $250.00 and $500.00, and supplemental relief may
       be sought from the court.

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




G:ICOMMON\5\GTJ\C-ORD\JUNKCAR.NOA.DOC
                                    AGENDA ITEM NO. _ _ _ __

                              CITY COMMISSION MEETING        12/12/00


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          December 4, 2000

RE:           2001 Salary Schedule and Fringe Benefits for Non-Represented Employees and the
              2001 Salary Schedule for Part-Time and Limited-Term Employees

SUMMARY OF REQUEST:

1)      To establish the 2001 salary ranges for part-time and limited-term employees;
2)      To approve and adopt the proposed salary ranges and salary schedules for the non-
        represented administrative, technical, professional, and supervisory employees for 2001
        (3.25% increase).
3)      To change the pension age and service requirements from 55/30 to 55/25;
4)      To increase the match by $250 (currently $750) per year of employee contributions into one
        of the City's approved Deferred Compensation Programs for employees who agree to fully
        participate in the City's Direct Deposit program.
5)      To change the vision plan to allow for glasses or contact replacement every 12 months
        instead of 24 months.


FINANCIAL IMPACT:

1)      Varies depending on the number of hours each employee works.
2)      The salary increases will cost approximately $81,250 plus approximately $20,325 in added
        fringe benefit costs.
3)      The cost of the pension improvement is approximately 1.33% of payroll.
4)      The Deferred Compensation match will not be more than $13,500.
5)      Cost is $3,340 annually.


BUDGET ACTION REQUIRED:

To authorize the necessary 2001 budgetary amendments and transfer of money from the affected
City funds (Contingency Account for General Fund) to the appropriate salary and fringe benefit
accounts to accommodate the salary increases and fringe benefit adjustments.

STAFF RECOMMENDATION:

1)      To approve the proposed 2001 salary ranges for part-time and limited-term employees;
2)      To approve and adopt the proposed 2001 salary ranges, salary schedules, and fringe
        benefits for non-represented employees.

COMMITTEE RECOMMENDATION:

None


O:COMMON\DEPTMENl\ADMIN\A.GNDAFRM
JMS- 0: (2001-SALARY AGENDA COVER SHEET}
                                   CIIY OF M!.!SliEGON
          2001 WAGE MATRIX FOR NON-!.!NION PART-TIME AND LIMITED-IERM EMPLOYEES


                     JOBTfDE                  §BMlE..1   !1Bt,D.E_2
                                                                      =       filMQE.,I   QBilDE_§_   ~
                                                                                                              =
                       STEP1


JULIA E. HACKLEY INTERNS                         5.50       5.75      6.00       6.25        6.50      6.75    7.00
McGRAFT PARK CARETAKER                           5.50       5.75      6.00       6.25        6.50      6.75    7.00
PARKING RAMP ATTENDANT                           5.50       5.75      6.00       6.25        6.50      6.75    7.00
RECREATION AIDE                                  5.50       5.75      6.00       6.25        6.50      6.75    7.00

                       STEP2


FACILITY SUPERVISOR I                            7.00       7.25       7.50      7.75        8.00      8.25    8.50
GYMNASIUM SUPERVISOR                             7.00       7.25       7.50      7.75        8.00      8.25    8.50
SENIOR TRANSIT DRIVER                            7.00       7.25       7.50      7.75        8.00      8.25    8.50

                       STEP3


LIFEGUARD                                        8.25       8.50       8.75      9.00        9.25      9.50   10.00
MARINA AIDE                                      8.25       8.50       8.75      9.00        9.25      9.50   10.00
PARK RANGER                                      8.25       8.50       8.75      9.00        9.25      9.50   10.00
PLAYGROUND LEADER                                8.25       8.50       8.75      9.00        9.25      9.50   10.00
PROGRAM LEADER                                   8.25       8.50       8.75      9.00        9.25      9.50   10.00
SCHOOL CROSSING GUARDS                           8.25       8.50       8.75      9.00        9.25      9.50   10.00

                       STEP4


LIFEGUARD CAPTAIN                                9.00       9.40       9.80     10.20       10.80     11.30   12.00


                       STEP5


AQUATICS DIRECTOR                                9.80      10.55      11.30     12.05       12.80     13.55   14.30
FACILITY SUPERVIOSR II                           9.80      10.55      11.30     12.05       12.80     13.55   14.30
FARMER'S MARKET MASTER                           9.80      10.55      11.30     12.05       12.80     13.55   14.30
HARBOR MASTER                                    9.80      10.55      11.30     12.05       12.80     13.55   14.30
PARK INTERN                                      9.80      10.55      11.30     12.05       12.80     13.55   14.30
PARK RANGER CAPTAIN                              9.80      10.55      11.30     12.05       12.80     13.55   14.30
PLAYGROUND SUPERVISOR                            9.80      10.55      11.30     12.05       12.80     13.55   14.30
SOFTBALL SUPERVISOR                              9.80      10.55      11.30     12.05       12.80     13.55   14.30

                       STEP6


BOARD OF CANVASSERS                         $65.00 per day
BOARD OF REVIEW                             $75.00 per day
ELECTION WORKERS                            $85 - $95 per day
ELECTION WORKER CHAIRPERSONS                $90 - $120 per day




JMS-O: EXCEL (2001 PART-TIME WAGE MATRIX)
1215100
                                                      MINIMUM SALARY   MAXIMUM SALARY

RANGE VII                                                $35,173          $46,900

Business Development Specialist
Cemetery/Forestry Supervisor
Database Administrator (Vacant)
Equipment Supervisor
Highway Supervisor
Parks Supervisor
Public Utilities Supervisor
Recreation/Marina Supervisor
Safety/Services Supervisor
Special Operations Supervisor
Zoning Administrator

RANGE VIII                                               $31,141           $41,523

Assistant Planner
Communications & Public Affairs Administrator
Income Tax Auditor
Pension & Benefits Coordinator (Part-Time) (Vacant)
Personnel Analyst (Part-Time)
Police Community Coordinator
Resource Recovery Coordinator
Risk Manager

RANGE IX                                                 $27,441           $36,587

Building Maintenance Supervisor
Secretary to the City Manager

RANGEX                                                   $25,449           $33,933

Administrative Aide - Police
Administrative Secretary
Administrative Services Supervisor - DPW
Deputy City Clerk
Deputy Treasurer
Finance Clerk
Personnel Clerk (Part-Time) (Vacant)
Youth Recreation Coordinator

RANGE XI                                                  $23,173          $30,898

City Hall Building Maintenance Worker




JMS" O: EXCEL (2001 SALARY RANGES)
                    ADMINISTRATIYE/TECHN!CAL/PROFESSIONAL/SUPERYISORY
                                      SALARY RANGES
                                     EFFECTIVE 1/1/2001

                                                    MINIMUM SALARY   MAXIMUM SALARY

RANGEi                                                  $58,136          $77,516

Assistant City Manager
Finance Director
Police Chief
Public Works Director

RANGE II                                                $53,688          $71,584

Community/Economic Development Director
Fire Chief
Leisure Services Director

RANGE 111                                               $49,181          $65,443

Assistant Chief of Police (Vacant)
City Clerk
City Engineer
City Treasurer
Civil Service/Personnel Director
Deputy Director of Public Works
Information Systems Director

RANGE IV                                                $42,365          $56,486

Assistant Finance Director
Deputy Director of Community/Economic Development
Income Tax Director

RANGEV                                                  $40,549          $54,067

Affirmative Action Director
Assistant City Engineer (Vacant)
Community & Neighborhood Services Director
Water Filtration Plant Supervisor

RANGE VI                                                $38,003          $50,672

Building Official
Project Engineer (Vacant)
                                                                2001
                                              NON-REPRESENTED EMPLOYEES SALARY SCHEDULE


SALARY SCHEDULE
11 STEPS


CLASSIFICATION              STEP 1   STEP 2   STEP 3   STEP 4   STEP 5   STEP 6   STEP 7   STEP 8   STEP 9   STEP 10   STEP 11


RANGE I                     58,136   60,074   62,012   63,950   65,888   67,826   69,764   71,702   73,640   75,578    77,516


RANGE II                    53,688   55,478   57,267   59,057   60,846   62,636   64,426   66,215   68,005   69,794    71,584


RANGE Ill                   49,181   50,807   52,433   54,060   55,686   57,312   58,938   60,564   62,191   63,817    65,443


RANGE IV                    42,365   43,777   45,189   46,601   48,013   49,426   50,838   52,250   53,662   55,074    56,486


RANGE V                     40,549   41,901   43,253   44,604   45,956   47,308   48,660   50,012   51,363   52,715     54,067


RANGE VI                    38,003   39,270   40,537   41,804   43,071   44,338   45,604   46,871   48,138   49,405     50,672


RANGE VII                   35,173   36,346   37,518   38,691   39,864   41,037   42,209   43,382   44,555   45,727     46,900


RANGE Vlll                  31,141   32,179   33,217   34,256   35,294   36,332   37,370   38,408   39,447   40,485     41,523


RANGE IX                    27,441   28,356   29,270   30,185   31,099   32,014   32,929   33,843   34,758    35,672    36,587


RANGE X                     25,449   26,297   27,146   27,994   28,843   29,691   30,539   31,388   32,236    33,085    33,933


RANGE XI                    23,173   23,946   24,718   25,491   26,263   27,036   27,808   28,581   29,353    30,126    30,898


JMS.O: EXCEL (2001-3.25%)
                               AGENDA ITEM NO. _ _ _ __

                               CITY COMMISSION MEETING


TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       December 5, 2000

RE:         General Employees Retirement System Ordinance Amendment


SUMMARY OF REQUEST:

To approve an ordinance amendment to the General Employees Retirement System to change
the age and service requirements from 55/30 to 55/25.

FINANCIAL IMPACT:

$28,590 or 1.33% of payroll.

BUDGET ACTION REQUIRED:

None


STAFF RECOMMENDATION:

To approve the attached ordinance.


COMMITTEE RECOMMENDATION:

None




O:COMMON\DEPTMENT\ADMIN\AGNDAFRM

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