City Commission Packet 04-09-2002

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                                 APRIL 9 2002
          CITY COMMISSION CHAMBERS                              @      5:30 P.M.


                                       AGENDA

•   CALL TO ORDER:
D   PRAYER:
•   PLEDGE OF ALLEGIANCE:
D   ROLL CALL:
•   HONORS AND AWARDS: a. Resolution Recognizing Volunteer Week COMMUNITY
                              RELATIONS COMMITTEE
                              b. Resolution Recognizing National Telecommunicator
                                 Week COMMUNITY RELATIONS COMMITTEE
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. Community Relations Committee Recommendations. COMMUNITY
                    RELATIONS COMMITTEE
                 c. Second Reading Groundwater Ordinance Amendment (Admiral)
                    PLANNING & ECONOMIC DEVELOPMENT
                 d. Second Reading Groundwater Ordinance Amendment (West
                    Michigan Dock & Market)      PLANNING & ECONOMIC
                    DEVELOPMENT
                 e. Second Reading Amendment to PILOT Ordinance                    PLANNING &
                    ECONOMIC DEVELOPMENT
                 f.   Traffic Department Materials and Services 2002.              PLANNING &
                      ECONOMIC DEVELOPMENT
                 g. Budget Vehicle Purchases DPW
                 h. 2002 Water Treatment Chemical Bids. FILTRATION PLANT
                 i.   Consideration   of   Bids,    Sherin   Street.    Lakeshore       to Miner.
                      ENGINEERING
                 j.   Consideration   of    Bids,    Washington,        Franklin   to     Division.
                      ENGINEERING
                       k. Transmittal of 2001                 Comprehensive Annual Financial Report.
                          FINANCE
                       I.   Recognizing "The Greater Muskegon Service League" as a Non-
                            Profit Organization. CITY CLERK


•   PUBLIC HEARINGS:
                       a. Create Special Assessment District For Harvey. Keating to South
                          End. ENGINEERING
                       b. Confirm the Special Assessment Roll for Laketon. Peck to Wood
                          Street. ENGINEERING
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                       a. 2002-2003 CDBG/HOME Recommendations and City Commission
                          Final decisions COMMUNITY AND NEIGHBORHOOD SERVICES
•   NEW BUSINESS:
                       a. Selection of Health Insurance Program to Replace PHP. FINANCE
                       b. Sewer and Water RTS Rate Adjustments. FINANCE
                       c. First Reading. Expansion of Clay-Western                                        Historic   District.
                          PLANNING & ECONOMIC DEVELOPMENT
                       d. City Commission Goals. 2002 and Beyond.                                          ASSISTAN CITY
                          MANAGER
                       e. Concurrence With the Housing Board of Appeals Notice and Order
                          to Demolish the Following:
                            1. 1362 Getty
                            2. 431 Wood
                            3. 509 Octavius
                            4. 1850 Elwood
                            5. 1525 Huizenga
                       f.   Seaway Industrial Park. CITY MANAGER
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION: To discuss pending litigation
•   Reminder: Individuals who would like to address the City Commission shall do the folfowlng:
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   limit of 3 minutes to address the Commission.
•   (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
•   ADJOURNMENT:
Date:     April9,2002
To:       Honorable Mayor and City Commission
From:     Community Relations Committee
RE:       Resolution - Volunteer Week



SUMMARY OF REQUEST: To adopt a resolution recognizing the week
of April 21, 2002 as Volunteer Week.



FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION:. To adopt the resolution proclaiming the
week of April 21, 2002 as Volunteer Week.
                                                         Q!tty nf


                                                    UJllttgUtt
      I
                                                       @,tntr nf .tlirqignn
  ·f
 ·I WHEREAS,
      ,;
                         each individual has some special contribution to offer for the benefit of others, and his services
      It                 are urgently needed by the agencies and organizations that work to solve community problems
  ·•.I
                         and meet human needs; and
  I
 1WHEREAS,. agency
            volunteer service frees trained personnel to devote time to increasing the effectiveness of an
                   program, creates good public relations and understanding, and enriches the volunteer's
   I                     own life as he gives of himself in serving others, and

 !         WHEREAS, our local Volunteer Muskegon brings together those who are willing to serve and the agencies
  I                      with the appropriate job to be filled, serves as a source of information for those needing help,
                         and stimulates and coordinates the work of various organizations on community projects; and

           WHEREAS, Volunteer Muskegon works to find volunteers for large community events such as Parties in
                         the Park and the Air Fair. The Muskegon Avenue a'Bloom project enables companies and
                         businesses to "Adopt a Block" of Muskegon Avenue for the planting of flowers in the Spring.
                         During the year 2000 over 1490 youth volunteers and 250 adult volunteers contributed more
                         that 23,000 hours of service in the Muskegon area.

           NOW THEREFORE BE IT RESOLVED, that I, Steve Warmington, Mayor of the City of Muskegon, and·
                         speaking on behalf of the City Commission and our residents, do hereby proclaim the week of
                         April 21, 2002 as Volunteer Week, urging all citizens to join with me and this City Commissi1111,
I                        in recognizing the valuable contributions made by volunteers toward achieving the physfoal
                         well-being and spiritual enrichment of all members of our community.
I
•Ii

 i IN WITNESS WHEREOF, we hereunto set our hands and cause the seal of the City of Muskegon to be af:fJXed
 ·                       this _ _ day of _ __, 2002.


 j Steve Warmington, Mayor                                                  Karen Buie, Vice Mayor
 '
           St~phen J. Gawron, Commissioner                                  Bill Larson, Commissioner
             l
           Ro):i:Schweifler, Commissioner                                   Clara Shepherd, Commissioner


             ~!t~">=-                                                       Lawrence Spataro, Commissioner
Date:     April 9, 2002
To:       Honorable Mayor and City Commission
From:     Community Relations Committee
RE:       Resolution - National Telecommunicator Week



SUMMARY OF REQUEST: To adopt a resolution in recognition of
                                        th               th
National Telecommunicator Week (April 14 through April 20 , 2002),
and honor the telecommunicators and dispatch supervisors at
Muskegon Central Dispatch.


FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:. To adopt the resolution.
CENTRAL_J

      ca         DISPATCH
P.O. Box 626, Muskegon, Michigan 49443 • Ph. (231) 722-3524 • Fax (231) 755-1238

Dawn M. Adams
Director



           March 15, 2002

           Bryon Mazade, City Manager
           City of Muskegon
           993 Terrace Street
           Muskegon, Ml 49442

           Dear Mr. Mazade,

                 Enclosed please find a resolution in recognition of National
           Telecommunicator Week April 14th through April 20th , 2002.                The
           telecommunicators and dispatch supervisors at Muskegon Central Dispatch
           epitomize the content of this resolution. They are a dedicated, caring group of
           men and women who conduct their business in a professional and efficient
           manner each and every day helping those in need. Often their good efforts go
           unrecognized. Consequently, I request you to take a moment with your City
           Commission to formally acknowledge this group of true 'first responders'.

           Sincerely,



           Daw     . Adams, Executive Director
            antral Operations for Police Services (COPS)
           Muskegon Central Dispatch




                                                                                     MAH 2 o ZOOZ
                                                                                      MUSK EGOl'J
                                                                                   C~l'.Y. MAN AGER'S
                                                                                        OFFIC!l:



       DIVISION OF CENTRAL OPERATIONS FOR POLICE SERVICES (COPS) MUSKEGON COUNTY, MICHIGAN • AN EXEMPLARY PROJECT
                                                                            .;;.oo;i_-·yy(!,)

                       A Resolution Proclaiming April 14 - 20 as
            Public Safety Telecommunicators Week in the City of Muskegon
WHEREAS, emergencies that require police, fire or emergency medical services can occur at
anytime; and

WHEREAS, when these emergencies occur the public dials 9-1-1 for assistance; and
WHEREAS, the telecommunicators at Muskegon Central Dispatch answer calls for assistance
and serve as the first and most critical contact our citizens have with emergency services; and

WHEREAS, the safety of the police officers, firefighters and emergency medical services that ;
serve our citizens is dependent on the quality and accuracy of information obtained from ;
citizens who use the 9-1-1 system, and

WHEREAS, our 9-1-1Telecommunicators provide the single most vital link for our police officers, ·
firefighters, and emergency medical services by monitoring their activities by radio, providing
them with information, and insuring their safety, and

WHEREAS, the telecommunicators of Muskegon Central Dispatch are responsible for the •
saving of numerous lives, the apprehension of many criminals, and prevention of considerable ·
property loss each year, and

WHEREAS, all Muskegon Central Dispatch 9-1-1 telecommunicators has exhibited compassion, •..·
understanding and professionalism during the performance of their job in the past year, and

WHEREAS, on October 9, 1991, the Congress of the United States proclaimed the second week ·
in April as 'National Public Safety Telecommunicators Week,' and

NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission hereby proclaims the
week of April 14 - 20, 2002 as Public Safety Telecommunicators Week in Muskegon, in honor of
the men and women whose diligence and professionalism keep our city and citizens safe.

BE IT FURTHER RESOLVED that the Muskegon City Commission urges City residents to join us
in honoring the public safety telecommunicators who answer our 9-1-1 calls for police, fire, and
emergency medical services.

PASSED AND ADOPTED at a regular meeting of the Muskegon City Commission held this
_ _ day of ____ 2002.

                                      Muskegon City Commission




                                      Steve Warmington, Mayor
Date:      April9,2002
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 Monday, March 4, 2002, and the
Regular Commission Meeting that was held on Tuesday, March 26,
2002.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         APRIL 9, 2002
    CITY COMMISSION CHAMBERS                          @   5:30 P.M.
                                MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday April 9, 2002.
   Mayor Warmington opened the meeting with a prayer from Pastor Paul
Erban of the Olivet Evangelical Free Church, after which members of the City
Commission and members of the public joined in reciting the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie; Commissioners
Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and
Lawrence Spataro; City Manager Bryon Mazade; City Attorney Tom Johnson
and City Clerk Gail Kundinger.
2002-44 HONORS AND AWARDS
                 a. Resolution recognizing Volunteer Week. COMMUNITY
                    RELATIONS COMMITTEE
  SUMMARY OF REQUEST: To adopt a resolution recognizing the week of April
  21, 2002 as Volunteer Week.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To adopt the resolution proclaiming the week of
  April 21, 2002 as Volunteer Week.
    Commissioner Lawrence Spataro presented the Resolution to Volunteer
  Martha Bottomly.
                 b. Resolution recognizing National Telecommunicator Week.
                    COMMUNITY RELATIONS COMMITTEE
  SUMMARY OF REQUEST: to adopt a resolution in recognition of National
  Telecommunicator Week (April 14th through April 201h, 2002), and honor the
  telecommunicators and dispatch supervisors at Muskegon Central Dispatch.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To adopt the resolution.
    Mayor Stephen Wamington presented the Resolution to Dawn Adam's,
  Executive Director from Muskegon Central Dispatch.
2002-45 CONSENT AGENDA:
                  a. Approval of Minutes. CITY CLERK
  SUMMARY OF REQUEST: To approve the minutes of the Special Commission
  Meeting that was held on Monday, March 4, 2002, and the Regular
  Commission meeting that was held on Tuesday, March 26, 2002.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the minutes.
                  b. Community Relations Committee Recommendations.
                     COMMUNITY RELATIONS COMMITTEE
  SUMMARY OF REQUEST: To concur with the recommendations from the
  Community Relations Committee regarding the following:
  Board of Review - Removal of William Brookshire
                     Appointment of Don Haas to filled unexpired term
                     (1 /31 /03}
  Historic District Commission - Appointment of Tom Russo term expires l /31 /04
  Hospital Finance Authority- Change the number of Citizen appointments to
  five(5) as spelled out in Articles of Incorporation.
  Adopt a resolution honoring the 1st anniversary of Rev. Calvin McDaniel at
  Jackson Hill Baptist Church to be presented at the Church on May 26, 2002.
  Adopt a resolution creating a Public Relations ~ommittee for the City of
  Muskegon.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approve the recommendations from Community
  Relation Committee.
  COMMITTEE RECOMMENDATION: Approve the recommendations
                 c. Second Reading Groundwater Ordinance Amendment
                    (Admiral). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve an amendment to the City Groundwater
Ordinance to include properties that have been identified as "affected".
premises as defined in the Groundwater Ordinance. An "affected" premises
shall mean a parcel of property any part of which is located within an
appendix map made part of this ordinance, as originally enacted or
amended, which map shows the parcel to have contaminated groundwater
under any part of the parcel. Mr. Dennis Lemmen of Admiral Petroleum,
property owner of this "affected" premise, was also notified by mail of the
amendment herein.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment.
COMMITTEE RECOMMENDATION: None
                d. Second Reading Groundwater Ordinance Amendment
                   (West Michigan Dock & Market) PLANNJNG & ECONOMIC
                   DEVELOPMENT
SUMMARY OF REQUEST: To approve an amendment to the city Groundwater
Ordinance to include properties that have been identified as "affected"
premises as defined in the Groundwater Ordinance. An "affected" premises
shall mean a parcel of property any part of which is located within an
appendix map made part of this ordinance, as originally enacted or
amended, which map shows the parcel to have contaminated groundwater
under any part of the parcel.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment.
COMMITTEE RECOMMENDATION: None
               e. Second Reading Amendment to PILOT Ordinance.
                  PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the ordinance amendment to clarify the
definition of "elderly persons" to be the same definition as the Michigan State
Housing Development Authority (" Authority") definition. MSHDA interprets
"elderly persons" as being 55-years-of-age or older. The former City
interpretation was 62-years-of-age or older.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Ordinance amending Ordinance
No. 757 and authorize the Clerk to sign.
COMMITTEE RECOMMENDATION:
               g. Budgeted Vehicle Purchases. DPW
SUMMARY OF REQUEST: Approval to purchase vehicle replacements for 2002:
1, ¾ ton pick-up; l, ¾ ton 4X4 pick-up; and 6 mini pick-up trucks.
FINANCIAL IMPACT: Total Cost $124,991.24 for all units. $130,000 is budgeted
for these purchases.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of budgeted replacements for
a total cost of $124,991.24 using the Michigan State Purchasing Contract.
               h. 2002 Water Treatment Chemical Bids. FILTRATION PLANT
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible
bidders to supply aluminum sulfate, sodium hypochlorite, and fluoride for the
water filtration plant.
FINANCIAL IMPACT: Annual cost of $70,786.00 (based on average annual
water pumped to mains).
BUDGET ACTION REQUIRED: None at this time.             These chemicals are
budgeted annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City
Commissioners endorse the low bids received and the contract renewal and
enter into contracts with General Chemical, Alexander Chemical, and Lucier
Chemical for aluminum sulfate, sodium hypochlorite, and fluoride
respectively.
               j. ConsideraHon of Bids, Washington, Franklin to Division.
                  ENGINEERING
SUMMARY OF REQUEST: The Washington Street contract (H-1538) be awarded
to Jackson Merkey Contractors out of Muskegon since they were the lowest
(see bid tabulation) responsible bidder with a bid price of $447,701.70.
FINANCIAL IMPACT: The construction cost of $447,701.70 plus associated
engineering cost which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Jackson Merkey
Contractors.
COMMITTEE RECOMMENDATION:
               k. Transmittal of 2001 Comprehensive Annual Financial
                  Report. FINANCE
  SUMMARY OF REQUEST: The City's 2001 Comprehensive Annual Financial
  Report (CAFR) has previously been distributed to City Commissioners in
  accordance with state law.
  FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial
  activities for 200 l and includes the independent auditor's unqualified opinion
  on the City's financial statements.
  BUGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Acceptance of the 2001 CAFR.
  COMMITTEE RECOMMENDATION: There is no committee recommendation at
  this time.
                 I.   Recognizing The Greater Muskegon Service League as a
                      Non-Profit Organization.
  SUMMARY OF REQUEST: To adopt the resolution recognizing The Greater
  Muskegon Service League as a non-profit organization operating in the city
  for the purpose of obtaining a charitable gaming license. They want to hold
  a raffle to raise funds so they may give out grants in our community.
  STAFF RECOMMENDATION: To adopt the resolution recognizing The Greater
  Muskegon Service League as a non-profit organization operating in the city.
     Motion by Vice-Mayor Buie, second by Commissioner Larson to approve
  the Consent Agenda except for Items i and f.
    ROLL VOTE: Ayes: Gawron, Larson, Schwe!Her, Shepherd, Spataro,
  Warmington, Buie.
                 Nays: None
  MOTION PASSED
2002-46 ITEMS REMOVED FROM CONSENT AGENDA:
                 i. Consideration of Bids, Sherin Street, Lakeshore to Miner.
                    ENGINEERING
  SUMMARY OF REQUEST: The Sherin Street Contract (H-1522) be awarded to
  Wadel Stabilization Inc, out of Hart since they were the lowest (see bid
  tabulation) responsible bidder with a bid price of $100,081.22.
  FINANCIAL IMPACT: The construction cost of $100,081.22 plus associated
  engineering cost which is estimated at an additional 15%.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Award the contract to Wadel Stabilization Inc.
  COMMITTEE RECOMMENDATION:
    Motion by Commissioner Larson, second !by Commissioner Schweifler to
   award the contract to the second lowest bidder, Felco for $101,811.60.
      ROI.I. VOTIE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,
   Buie, Gawron.
                  Nays: None
   MOTION PASSED
               f. Traffic Department Materials and Services 2002. DPW
   SUMMARY OF REQUEST: Contract with the Muskegon County Road
   Commission for the joint purchase of various Traffic Department materials
   and services. We have bid out these items with MCRC for the past thirteen
   years. By bidding together with MCRC and other municipalities we are able
   to get better unit prices because of larger quantity purchases.
   FINANCIAL IMPACT:    Sign materials and services to be jointly bid:
                        Sign blanks               $2,000.00 approx.
                        Sign posts                $3,000.00 approx.
                        Sign sheeting             $5,100.00 approx.
                        Centerline painting      $11,000.00 approx.
   BUDGET ACTION REQUIRED: None, this item is requested each year in the
   appropriate Highway budgets.
  STAFF RECOMMENDATION: Approve the continued joint purchasing with the
  Muskegon County Road Commission for sign materials and services.
    Motion by Commissioner Schweifler, second by Commissioner Larson to
  approve the continued joint purchasing with the Muskegon County Road
  Commission for sign materials and services.
    ROLi. VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
  Gawron, Larson.
                  Nays: None
  MOTION PASSED
2002-47 PUBLIC HEARINGS:
                 a. Create Special Assessment District For Harvey. Keating to
                    South End. ENGINEERING
  SUMMARY OF REQUEST: To hold a public hearing on the proposed special
  assessment of the Harvey Street, Keating to S. End, and to create the special
  assessment district and appoint two City Commissioners to the Board of
  Assessors if it is determined to proceed with the project.
  FINANCIAL IMPACT: None at this time.
   BUDGET ACTION REQUIRED: None at this time.
    STAFF RECOMMENDATION: To create the special assessment and assign two
  · City Commissioners to the Board of Assessors by adopting the resolution.
   COMMITTEE RECOMMENDATION:
   The public hearing opened at 6:03pm to hear and consider any comments
   from the public. No comments were heard from the public.
      Motion by Commissioner Spataro, second by Vice-Mayor Buie to close the
   public hearing at 6:06pm and to approve to create the special assessment
   and assign two City Commissioners to the Board of Assessors by adopting the
   resolution.
      ROLi. VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
   Schwelfler.
                  Nays: None
   MOTION PASSED
                  b. Confirm the Special Assessment Roll for Laketon. Peck to
                     Wood Street. ENGINEERING
   SUMMARY OF REQUEST: To hold a public hearing on the spreading of the
   special assessment roll for Laketon Ave., Peck to Wood, and to adopt the
   resolution confirming the special assessment roll.
   FIANCIAL IMPACT: A total of $27,842.57 would be spread against the twelve
   (12) parcels abutting the project.
   BUDGET ACTION REQUIRED: None at this time.
   STAFF RECOMMENDATION: To approve the special assessment roll and adopt
   the resolution.
   COMMITTEE RECOMMENDATION:
   The public hearing opened at 6:08pm to hear and consider any comments
   from the public. No comments were heard from the public.
       Motion by Commissioner Schweiner, second by Commissioner Shepherd
   to dose the public hearing at 6:09pm and to approve the special assessment
   roll and adopt the resolution.
      ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schwelfler,
   Shepherd.
                  Nays: None
  MOTION PASSED
2002-48 UNFINISHED BUSINESS:
                 c. 2002-2003 CDBG/HOME Recommendations and City
                 Commission Final decisions. COMMUNITY AND
                 NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To make final determination for fiscal year 2002-2003
CDBG/HOME funding and to direct staff to continue the CDBG/HOME
process. In order to request release of funds from the U.S. Department of
Housing and Urban Development Department at the proper time.
FINANCIAL IMPACT: Will determine what is funded during 2002-2003
CDBG/HOME fiscal year (June 1, 2002 through May 31, 2003).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To make your final determination.
COMMITTEE RECOMMENDATION: The Citizen District Council, the
administration and the Commissions preliminary recommendations are
attached.
    Motion by Commissioner Schweiller, second by Commissioner Shepherd
to approve staff to continue the CDBG/HOME process In order to request
release of funds from the US Department of Housing and Urban Development
at the proper lime.
  ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd, Spataro,.
                Nays: None
MOTION PASSED
2002-49 NEW BUSINESS:
                a. Selection of Health Insurance Program to Replace PHP.
                   FINANCE
SUMMARY OF REQUEST: As you know, the PHP healthcare program (which
has been the city's primary health service provider for several years) will soon
cease operations in the Muskegon area. The City's benefit year begins June
1 and a replacement program must be in place before that time. For the
last several months staff has worked with Julie Balgooyen (agent of record)
to search for a suitable replacement program. Three objectives guided this
search: 1) match current program benefit levels as closely as possible, 2)
minimize employee disruption (i.e. required doctor changes) and 3) minimize
the financial impact on the City in an era of rapidly escalating healthcare
costs.
After careful review of proposals submitted by the various healthcare
providers operating in the Muskegon area, it is staff's recommendation the
Priority Health HMO be selected to replace PHP. Following are the reasons
for this recommendation: l) Although there are some differences in benefits,
the Priority Health benefits match up better than the other programs when
compared to PHP (see comparison), 2) Disruption is limited to 35 employees
and dependents which is less than all but one of the other proposals, and 3)
Cost increases, although substantial, are within the City's expectations and,
when adjusted for benefit differences, the Priority Health proposal is the
lowest cost proposal.
FINANCIAL IMPACT: The Priority Health program premiums will be $526.33 per
employee per month. This represents an 9 .3% increase over the current rate
of $481.63.
BUDGET ACTION REQUIRED: None. The quoted rates fall within the City's 2002
budget projections.
Staff Recommendation: Selection of Priority Health HMO.
COMMITTEE RECOMMENDATION: The City's Labor-Management Committee
has been involved in the selection process and concurs with staff's
recommendation. This item will also be discussed at the April 8th Committee
of the Whole meeting.
   Motion by Commissioner Shepherd, second Commissioner Gawron to
approve staff's recommendation to select Priority Health HMO to replace PHP
as the city's primary health seivice provider.
  ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
                Nays: None
MOTION PASSED
                b. Sewer and Water RYS Rate Adiustments. FINANCE
SUMMARY OF REQUEST: As explained more fully in the accompanying
memos, staff recommends the following sewer and water rate increases to
take effect June l, 2002.
l. An 18% increase in fees charged for resid~ntial, commercial and industrial
   sewer use;
2. A $.50 increase (from $7 .50 to $8.00) in the sewer administrative fee;
3. Changes in the water readiness to serve charge (minimum bill) to bring
   city charges in alignment with A WWA recommended standards.
FINANCIAL IMPACT: The sewer rate adjustments will bring in an esimated
$575,000 additional full year revenue for the city's sewer fund. The revenue
impact for 2002 will be less due to the mid-year implementation. The
Change in water RTS fees will generate and additional $52,000 annual
revenue for the city's water fund.
BUDGET ACTION REQUIRED: None at this time. Adoption of these fee
adjustments will help the city attain its 2002 budgeted revenue estimates.
STAFF RECOMMENDATION: Adoption of the fee adjustment resolution.
COMMITTEE RECOMMENDATION: The Committee of the Whole will discuss this
issue at the April 81h meeting.
  Motion by Commisslone Schweifler, second by Commissioner Larson to
adopt the fee adjustment resolution.
  ROLL VOTE: Ayes:     Gawron,    Larson,   Schweifler,   Shepherd,   Spataro,
Wamlngton, Buie
                Nays: None
MOTION PASSED
               c. First Reading , Expansion of Clay-Western Historic District.
                  PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the proposed expansion of the Clay-
Western Historic District to include the Boiler Works.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the expansion of Clay-Western Historic
District.
COMMITTEE RECOMMENDATION: None
   Motion by Commissioner Schweifler, second by Commissioner Spataro to
table the proposal of the expansion of Clay-Western Historic District to the
May 14, 2002 Regular Commission Meeting.
   ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie, Gawron
               Nays: None
MOTION PASSED
               d. City Commission Goals. 2002 and Beyond. ASSISTANT CITY
                  MANAGER
SUMMARY OF REQUEST: On March 15, 2002, the City Commission and staff
participated in their annual goal setting session. The Vision, Value and
Mission statements, along with a set of prioritized projects/programs are the
result of that undertaking. Staff is requesting approval of both documents.
FINANCIAL IMPACT: None
 STAFF RECOMMENDATION: Staff recommends approval.
 COMMITTEE RECOMMENDATION: This issue was reviewed and discussed at
 the Commission Work Session on Monday, April 8, 2002.
   Motion by Commissioner Larson, second by Commissioner Schweifler to
 approve both documents.
   ROLL VOTE: Ayes:     Schweifler, Shepherd,    Spataro,   Warmington,    Buie,
 Gawron, Larson
                Nays: None
MOTION PASSED
                e. Concurrence with the Housing Board of Appeals Notice
                   and Order to Demolish for the following:
                          1) 1362 Getty
                         2) 431 Monroe
                         3) 509 Octavius
                         4) 1850 Elwood
                         5) 1525 Huizenga
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located
at 1362 Getty, 431 Monroe, 509 Octavius, 1850 Elwood and 1525 Huizenga
are unsafe, substandard, a public nuisance and that they be demolished
within thirty (30) days. It is further requested that administration be directed
to obtain bids for the demolition of these structures and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
FINANCIAL IMPACT: General Funds except for 431 Monroe, 509 Octavius, and
1850 Elwood, which are CDGB.
BUDGET ACTION REQUIRED: None except for E3Xcept for 1525 Huizenga which
is General Funds.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
COMMITTEE RECOMMENDATION: The Commission will consider these items at
it's meeting Tuesday, April 9, 2002.
  Motion by Gawron, second by Commissioner Schweifler to concur with the
Housing Board of Appeals decision to demolish the said houses.
   ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
                  Nays: None
   MOTION PASSED
                   f. Seaway Industrial Park. CITY MANAGER
     City Manager Bryon Mazade gave an overview.
     Motion by Commissioner Shepherd, second by Commissioner Larson to
  authorize staff to continue working with Grooter's Development regarding an
  agreement (subject to scdisfaction of City Manager and City Attorney) by
  April 12th•
     ROLL VOTE: Ayes: None
                  Nays: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
  Shepherd.
  MOTION FAILED
      Mayor Warmington requested a special meeting for discussion regarding
Grooter's Development to be held on April 12, 2002 at 5:30pm.
2002-50 PUBLIC PARTICIPATION:
     John Vanderstelt of Van's Car Wash and Quick Lube, 1230 West Sherman
  Blvd. was concerned with the ·amount he was being charged for use of
  sewer.
     Motion by Commissioner Spataro, second by Commissioner Schweifler to
  have staff look into Mr. Vonderstelt's concern and report in two weeks to
  Commission.
     ROLL VOTE: Ayes: Wormington, Buie, Gawron, Larson, Schweifler,
  Shepherd, Spataro
                 Nays: None
     MOTION PASSED

     Various comments were heard from the public.

    ADJOURNMENT: The Regular Commissic>n Meeting for the City of
  Muskegon was adjourned at 6:50pm.

                                                  Respectfully submitted,




                                                  Gail Kundinger, CMC/AAE
                                                  City Clerk
Date:         Apri19,2002
To:           Honorable Mayor and City Commission
From:         Community Relations Committee
RE:           Appointments to Various Committees/Boards



SUMMARY OF REQUEST: To concur with the recommendations from
the Community Relations Committee regarding the following:
Board of Review      - Removal of William Brookshire
                     - Appointment of Don Haas to filled unexpired term (1/31/03)

Historic District Commission - Appointment of Tom Russo (D) term expires 1/31/04

Hospital Finance Authority - Change the number of Citizen appointments to five (5)
as spelled out in Articles of Incorporation.

Adopt a resolution honoring the 1st anniversary of Rev .. Calvin McDaniel at Jackson
Hill Baptist Church to be presented at the church on May 26, 2002.

Adopt a resolution creating a Public Relations Committee for the City of Muskegon.



FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: Approve the recommendations.

STAFF RECOMMENDATION: Approve the recommendations from
Community Relations Committee.
                                                  Muskegon County
    Memorandum                                    Equalization Department
                                                  616-724-6386 (Fax #724-1129)
                                                  173 E. Apple Ave Muskegon, Mi. 49442
                                                                                      . •· ~·




    DATE:         MARCH 13, 2002

    TO:           Tim Paul, Finance Director

    FROM:         Dennis W. Burns, Assessment Administration Supervisor

    RE:            City of Muskegon Board of Review Member Replacement


              Recently we have experienced difficulty contacting Board of Review member
              William Brookshire. Mr. Brookshire did not appear for the December Board of
              Review and has not yet attended any of the March meetings either. This office has
              tried to contact him on several occasions both by letter and phone but with no
              success. It bas become apparent he is no longer interested in serving on the Board.
(             In the past Mr. Brookshire has been a valuable asset on the Board of Review, so it is
              with deep regret I ask that a new member be appointed in his place. Mr. Donald
              Haas has voiced interest in serving as a regular board member rather than in his
              present position as "alternate". If this change were to be made, we would then need
              to fill the alternate position.
              If you have any questions or suggestions, please call me at 6153.




(

    3/13/02                                                                        citymemo.doc
                                                    BOARD OF REVIEW


    PURPOSE

    Review of the Assessment Rolls.


    MECHANICS

    ENABLING LAW:           City Charter (Ch. XI - Sec. 2) - Oath not required.
    APPOINTED BY:           City Commission
    MEETING:                Tuesday following first Monday in March, Tuesday following the third Monday in July and
                            Tuesday following the second Monday in December
                            City Hall/1st Floor Conference Room
    TERM:                   2 Years


    COMPOSITION

    TYPE                     DESCRIPTION

    A                       6 Citizens
    B                       City Assessor
    C                       Deputy Assessor
    D                       Citizen Alternate



(   CURRENT MEMBERS

    (Staff Liaison - Cliff Turner)

    TYPE          NAME                          ADDRESS                    Z IP    PHONE             TERM EXP.

    A             Jack Rottman                  1171 Creekview Dr.         1       755-4054          1/31/04

    A             Lawrence Devoogd *            3176 Boltwood Dr.          1       759-8323          1/31/04

    A             W~lliam-BFeekshtre            169-teAa-Alle              2       726,,5~8-         1/31/03

    A             Georgia Strube                1397 Palmer                1       755-3541          1/31/03

    A             Randy Mackie                  1533 Peck                  1       725-1355          1/31/03

    A             Luther Dease                  1379 Lawrence              2       777-2048          1/31/04

    B             Cliff Turner                  933 Terrace St.            3       724-6708          Assessor

    C             Larry Millard                 933 Terrace St.            3       724-6708          Dep. Assess

    D             Donald Haas                   3087 Knollwood Ct.         1       755-6629          1/31 /04

                             ~r
(
                                                                                                                 5
    (* - Chairperson)                                     -     5 -                           2001-COMRELBOOK
•'

                                                     HISTORIC DISTRICT COMMISSION


       PURPOSE

       Identify and evaluate structures or sites worthy of preservation, and be involved in projects or programs to
       this end. Disseminate public information concerning these structures and sites, and consider ideas regarding
       them with groups of individuals interested in historic preservation. Make appropliate recommendations to the
       City Commission for encouraging and achieving historic preservation.

       MECHANICS

       ENABLING LAW:                 City Ordinance (Sec. 11-20 - 11-36) - Oath not required.
       APPOINTED BY:                 City Commission
       MEETING:                      First Tuesday of each month@ 4:00 P.M.
                                     City Hall / Commission Chambers
       TERM:                         3 Years

      COMPOSITION

                                     DESCRIPTION

                                     1 City Commissioner                                                                   •     vif\
                                     1 Registered Architect                                                       ,..J.,.,,"-v _____..-;-
                                     2 Members from local preservation societies (at least one ofwhorp
                                     is a member of the Muskegon Helitage Association)
                                                                                                          ,r1.u"t "/// . -,..
                                                                                                     ! v · ,,/·
      D                              2 Persons who reside or have occupational or financial interest \     ,,,,,,
                                     in one or more of the historic districts.                         •."
      E                              1 Citizen or more to complete the membership to seven (J) people.


      CURRENT MEMBERS

      (Staff Liaison - Michael Wee)

      TYPE                                             ADDRESS                      ZIP     PHONE              TERM EXP.

      A             Lawrence Spataro                   1567 Sixth St.               1       725-9384           Commission
                                                                                                                                     N1J)l{;
                                                                                                                                            1;_,J ;>-
      B             Tim Bosma                          557 W. Western Ave.          0       728--9519--W       1131104     ~ c,,:;:} ·

      C             Jackie Hilt                        1627 Jefferson St.           1       722-2538           1/31/03 - \

      C             Bill Seeback *                     475 W. Western               0       722--4362          1/31/03 /

      D             Daniel Chambers                    458 W. Webster Ave.          1       722-1980           1/31/05

      D                   ·'1'DIV\    ~i.-e':,'JO.      5 ·/4   W - WL ".
                                                                                       0 ..

                                                                            ... -~.;"-• ..




                                    i\\.
.Comniissione.r., .________________._._·_, two: '.(2.} ye~J;s;
··the- thi'rd ¢ornmissioner,                                       & thr~e·.
   (3) years;. the fourth Comn1issibnei:; - ~ - - - - - - - - - - - - - - ' ·
 ·four (4) years, and the f"ifth Commissioner,
        ·     , five (5) years . . The terms.. o:f.,succeeding commissioners
  shall be for five· (5). years,: The initial terms of each.
  _commissi9ner .$hafl conuimnce. upon .acceptance of- ·ap-poi_ll'tment and:·:
  shall terminate on· the ·30th day of June following the. specified
  te-rm, and terms of suqce:eding commissioners shall commence .on
  .:luly 1st;                                    '"' ·

       Section 3, · The. Commission s·hall designate one of its .
members as chairman, · o.ne of its members as ,;ecre tary, and. one
 of ·its mem!oers· as treasure+, each to be des i-gna ted for such term
.in office as may be fixed by its by~la1;s .. · · · · · . ·· ... · .. · . · ·.. .

         Section 4. The Commission i;hall adopt and may amend by-laws•
  ~11.d rule's of procedure in·· accord-ance with the provfsions Of the··
. Act •.

      ·section 5.             The Commission -.Shall ·adopt· a corporate. seal.

       Section 6. The chairman shall preside at mee•tingB" of the
 Commission and shall sign .and execute all •a.rithoriz.ed bonds,,
 contracts,. checks and other obligations in ,the name of the·
 Authority when so authorized by the Commission; H:e· shall.do·
 and. perform such other duties as may be fixed by the by~laws.
 and. from time .to time as.signed to him by• the· Commission .
                    .;. ;:<

         Section· 7. The secretary shall keep the minutes of all
 meetings bf the Commission, and all committees thereof., in b0oks.
 provided for that purpose. The secretary shall attend tc the
 givlng, serving and. receiving of all notices or process of or
·against the Authority. The secretary may sign with the chairman
'in the.name of the Authority all contracts and bonds authorized
 by the Commission, and when so .ordered, the secretary shall
 affix the seal of \:he Authority there.to, The secretary shall
 h,'!ve charge of all )oooks and records of the Authority,·which
 shall at all reasona!ole times be open to inspection and.
 examination by the Commission, or any member there.of, the
 incorporating unit and any lessee hospital, and.in general
 perJ;orm. all the duties incident to the office of s.ecretary.
 The .. secretary shall preside at ,meetings of the Commission in··
 the absence of the chai+man,

        Section 8. The treasurer shall have custody o,f •ail the.
  funds and securities of the Authority which may come into
  possession of the Authority. When necessary or pro.per, the
  treasurer shall endorse, on behalf of. the Authority for colle,c-,
  tion, checks,.. notes and other oblig<>tions which shall be.
  deposited to the credit of .the· Atithori ty in a· designated bank or..
  depositary. The ··treasurer shall sign ail· receipts and vouchers
  for payments· made to··the Authority. The treasurer shall        ,
  jointly", with such other officer as may be designated by the·
• Commissiqn, sign all checks, promissory notes, or pth~)>,••·
  obligations of the Authority, when so .o.rdered by the Coffi!l)ission.
                '.!'he t.reasurer shall enter regula'r'ly in the books. of
    the Authority to be kept· by .the treasurer for this pm::pose
    flYll · and accurate accounts Qf .all Il1one~is .received arid Paid -by
    th'e treasurer on account of the Authority, and shal.1. at·. all

-   reasonable times exhibit such books .and accounts., tci the
    CO!Tlmis-sion, or any member thi3rE!of, the· inCorP,9r_atin'      .q t
                                                                      .     ,;,, /        .P
                                                                      /j/f::;~~ l½:-a,;:,,o'        ;P'L

                                                                    _, Step e~ J. ¢~ on, Commissioner

l<.;iren Buie, Vice M<1yor
                                       Jackson Hill Baptist Church
                                             560 Wood Sti-eet
                                       Muskegon, Michigan 49442
                                       Rev. Calvin McDaniel, Pastor



March 22, 2002




To: Muskegon City Hall
    Att: City Clerks Office/Linda Potter
    993 Terrace Street
    Muskegon, Michigan 49442
    Re: Pastors 1st Anniversary


   Greetings in the name of our Lord and Savior Jesus Christ. On behalf ofthe Jackson llill Baptist Chmch family and
the Pastor's Aid Committee, we are pleased to announce ow· Pastors 1st Anniversary in the City ofMuskegon. Ifat all
possible our Church family would like the Mayor of Muskegon to present to him a resolution from the City of Muskegon.

We have planned to have his 1st Anniversary Celebration on Sunday, May 26, 2002 and would love to have a resolution
to present to him from the City of Muskegon if at all possible. Our Pastor is a very dedicated and hard working Pastor as
well as a Husband, Father and roll model to the younger generation in our church as well as the community.

The following activities has also been set aside to honor our Pastors 1st Anniversary. We also invite the City Officials to
come out and join us as we not only uplift our Pastor but also up lift our Lord and Savior Jesus Christ.

   Saturday, Apl"il 20th, 2002 - Pre Pastor's Anniversary Breakfast , the breakfast will be at the Jackson Hill Baptist
         Chmch located at 560 Wood Street, Muskegon Michigan. See attached flyer for more information.

                         Thursday, May 23, 2002 - Pre Pastor's Anniversary Celebration, 7pm

                           Friday, May 24, 2002 - Pre Pastor' s Anniversary Celebration, 7pm

                   Climax of the Pastors Anniversary - Sunday, May 26th, 2002 at 11 am and 4 pm


Thank you in advance for your cooperation and I ask that if you have any questions please feel free to contact me at
231/726-6242 and ask for Renita Layton.




~:r¼d,~
Rev. Calvin,~ iel, Pastor
Pastors Aid Co ittee
                                        Olity of

                                   uslttgnn
                                      ~tatr of ilirqigau

WHEREAS,    The City of Muskegon City Commission recognizes the importance of creating a
            positive City image; and

WHEREAS,    the City Commission believes that promoting the City of Muskegon will require
            public relations methods that include but are not limited to the following:

            1.   Identify positive changes.
            2.   Recognize contributions of individuals, groups and businesses within the City.
            3.   Explore positive marketing strategies.
            4.   Promote city services, programs and benefits to the community.
            5.   Develop links with media network, and

WHEREAS,    The Community Relations Committee Index will include an outline of Purpose,
            Mechanics and Composition;

NOW, THEREFORE, BE IT RESOLVED, that the City Commission establishes a Public Relations
Committee as outlined, and encourages citizens to serve and work for the betterment of our
community.

                                        IN WITNESS WHEREOF, we hereunto set our hands
                                        and cause the seal of the City of Muskegon to be
                                        affixed this l~
                                                     n
                                                      " day o~ Qf w., , 2002.




:;~~~A~~~=c~~:::;~==:---:::/,s!~,~~~";,;;io""
                 Commission Meeting Date: March 26, 2002




Date:         March 18, 2002
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development           c6 c_
RE:           Groundwater Ordinance Amendment


SUMMARY OF REQUEST:

To approve an amendment to the City Groundwater Ordinance to include properties
that have been identified as "affected" premises as defined in the Groundwater
Ordinance. An "affected" premises shall mean a parcel of property any part of which is
located within an appendix map made part of this ordinance, as originally enacted or
amended, which map shows the parcel to have contaminated groundwater under any
part of the parcel. Mr. Dennis Lemmen of Admiral Petroleum, property owner of this
"affected" premise, was also notified by mail of the amendment herein.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the amendment.

COMMITTEE RECOMMENDATION:

None




3/18/2002
                                                                                                                                            RECF.IVED
                                                                                                                                                         'I .
         DEii      MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY - STORAGE TANK DIVISION


                NOTICE TO LOCAL UNIT($) OF GOVERNMENT OF LAND USE RESTRICTIO~                                                                ~,~~    ~~~~tSE~T
                                                                                                                                                     1


          This inform ation and form is required under Sections 21310a(5) and 21316 of Part 213. Leaking Underground Storage Tanks (LUS T). of the
         Natural Resources and Environmental Protection Act. 1994 PA 451. as amended. Failure to comply with the provisions of this Act may result
         in civil fines not to exceed $10.000 for each day the violation continues or failure to comply continues.



   Instructions: (1) Use this form to provide notice of land use restrictions that are part of the corrective action plan to the Local
   Unit(s) of Government (LUG). (2) If corrective action is based on the use of institutional controls rega rding off-site migration of
   regulated substances, submit a draft copy of this notification with the corrective action plan and wait for Storage Tank Division
   (STD) approval before providing notice to the LUG. If the institutional controls are for on-site contamination, the owner/operator
   m ay proceed with providing notice to the LUG. (3) Send the notice to the city, vil lage or township clerk. Provide a copy to the
   County/District Health Department if groundwater exceeds Tier 1 residential criteria. (4 ) Submit a copy of the notice and proof of
   providing the notice with the Closure Report (EQP 3843) to the appropriate STD District Office listed on the back of the Closure
   Report Cover Sheet. This notice does not constitute a warranty or representation of any kind by the State of M ichigan that the
   corrective actions performed in accordance with this notice will result in the achievement of the remedial criteria established by
   Law, or that the property is suitable for any particular use.

                       -
     City of Muskegon, Muskegon County Health Degartment
    Name of Local Unit of Governments

    Notice to the Local Unit of Government Receiving this Form:
    A corrective action plan for the site named below has been developed as a result of a release from an
    underground storage tank. This form and the attachments are to provide the local unit(s) of government
    notice of the land use restrictions that are part of the corrective action plan. A copy of the institutional
    control mechanism(s) in the form of a Corrective Action Notice to Register of Deeds, and/or Restrictive
    Covenant, and/or alternate mechanism is/are attached. The attached institutional control mechanism (s)
    describe the land use restrictions and the land where the restrictions apply.


    Owner or Operator:                     Admiral Petroleum

    Site Name:                        Admiral

    Site Address: 531 E. Laketon                            City: Muskegon                           State:     Ml           Zip:    49444

    Contact Person :                   Dennis Lemmen                                Phone Number:             (616) 837-6218

    Mailing Address:                    13 Randall Street           City:     Coopersville            State:    Ml           Zip: 49404
                                                                                                                                       ..-~- -


    Qualified Underground Storage T[\nk Consultant :                      Hopp Environmental

    Address: 3522 Sleepy Creek Trail                                         City     Efland                  State: _t,I_L_Zip:         27243

     Contact Person:                     Dave Hopp                          Phone Number:           (919) 304-6564



     I hereby attest to the accuracy of the statements in this document and all attachments. I further certify that the



                                  --------
     language on t is form has not been modified.
<,,.._        l~ A
                   V   "-.1   r                                     Ch_ J '                              I -)-;]- ._, D)-
     Owner or Ope1ator's Signature                                                                                                          Date
                                  \
                                  \

                                                                                                                                 EQP3872 (Rev. 6/00)
                                                                                                                                /
                                              LIBER 3 3 4 9 PAfif l l! 0


                                                                                                   7illl JAN 23 AMJI: 115




                                              RESTRICTIVE COVENANT


The below listed owner/operator has implemented a corrective action plan requiring institutional controls in the form
of a restrictive covenant. The corrective action plar; was developed as a resuit of a release from a Leaking
Underground Storage Tank(s) (LUST) and was prepared pursuant to the provisions in Section 21310a(2) of Part 213.
Regulated substances were discovered during the investigation and/or removal of Underground Storage Tanks
(USTs). The corrective action plan cited above will be maintained on file at the STD District Office located at

 Grand Rapids Office. 350 Ottawa NW Grand Rapids, Ml 495035               (616) 356-0500

This restrictive covenant is filed with the County Register of Deeds and covers the land identified in the following. and
more fully described in Attachment A. attached. (Attach a legal property description as Attachment A for the land
where the restrictive covenant would apply. and a survey map of the areas addressed by this restrictive covenant.).
The restrictive covenant defines the areas addressed by the corrective action plan and the scope of any land use or
resources limitations. The survey defining the areas addressed by the corrective action plan is attached. (Describe
the scope of any land use or resource use limitations.)

531 E. Laketon. Muskegon, Ml 49444, Muskegon County

 Soil Removal Restriction, Water Well Restriction, Use Restricitons (see Attachment A)

The restrictive covenant is being filed by the below listed legal titleholder or with the express written permission of the
legal titleholder. (Attach permission statement from the legal titleholder if he/she is not signing this document.)

Owner/Operator implementing the corrective action plan: _,_A_,,d"'m,.,,i~ra"'l~P..,e~tr~o,,le"'u,.,_m,__ _ _ _ _ _ _ _ _ _ __

Release Date(s):      March 26 1996

County where deed is registered: _ _~M~u~s,.,_ke=o~n,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Common description of land. township/city, County: 531 E. Laketon, Muskeaon. Muskegon Countv. Ml
Tax ID#: 24-255-001-0029-00 Legal Survey: see attachment A
                                              UBER 3 3 4 q PAGE l   lf   I

                                                              /
  Now Therefore (Legal Titleholder Name and Address)' Admiral Petroleum. 13 Randall Street. Coopersville. Ml
  49404 (hereinafter referred to as the "titleholder"). hereby imposes restriction on the property and covenants and
  agrees that:

  1.   The Titleholder shall restrict activities on the property that may interfere with corrective action, operation and
       maintenance. monitoring, or other measures necessary to assure the effectiveness and integrity of the corrective
       action.

  2.   The Titleholder shall restrict activities that may result in exposure to regulated substances above levels
       established in the corrective action plan.

  3.   The Titleholder shall prevent a conveyance of title. an easement. or any other interest in the property from being
       consummated without adequate and complete provision for compliance with the corrective action plan and
       prevention of exposure to regulated substances described in item 2 above.

  4.   The TitlehOlder shall grant to the Department of Environmentai Quality (Department) and its designated
       representatives the right to enter the property at reasonable times for the purpose of determining and monitoring
       compliance with the corrective action plan. including but not limited to the right to take samples. inspect the
       operation of the corrective action measures, and inspect records.

  5.   Soil shall not be removed from the property described herein, unless it is characterized to determine if it can be
       relocated without posing a threat to the public health. safety. welfare or environment in the new location.

  6.   The state may enforce the restrictions set forth in the covenant by legal action in a court of appropriate
       jurisdiction.

  The restrictions and other requirements described in this Restrictive Covenant shall run with the land and be binding
  to the titleholder"s successors, assigns, and lessees or their authorized agents, employees or persons acting under
  their direction or control. The restrictions shall apply until the Department determines that regulated substances no
  longer present an unacceptable risk to the public health, safety or welfare or to the environment. A copy of this
  Restrictive Covenant shall be provided to all heirs, successors, assigns, and transferees.

  This Restrictive Covenant shall not be amended, modified or terminated except by a written instrument executed by
  and between the Titleholder at the time of the proposed amendment, modification, or termination, and the
  Department. Within five (5) days of executing an amendment, modification or termination of the Restrictive
  Covenant, the Titleholder shall record such amendment, modification or termination with the County Register of
  Deeds, previously named, and within five (5) days thereafter, the Titleholder shall provide a true copy of the recorded
  amendment, modification or termination to the Department.

  If any provision of this Restrictive Covenant is also the subject of any laws or regulations established by any federal,
  state or local government, the stricter of the two standards shali prevail.

  The undersigned person, if executing this Restrictive Covenant on behalf of the Titleholder, represents and certifies
  that they are duly authorized and have been fully empowered to execute and deliver this Restrictive Covenant.

  I hereby attest to the accuracy of the statements in this document and all attachments. I further certify that tile
___..,,.....,,~ag,e o t is form has not been modified in any way.

                                          r
                   r or Authorized Representative's Signature                Date


  Print Legal Titleholder or Authorized Representative's Name

  IN WITNESS WHEREOF ~e said Titleholder of the above described property has caused the Restrictive Covenant
  to be executed on the-<7-- ay of   O'"'mrlU!
                                      (mo )
                                                                ,
                                                       c>-1)::.,..
                                                     (year)
                                                                    UBER 3 3 4 q PAGE l 4 2
Sig~~he presence of:
    _. '!LCM                  If)~
Witness

    Dor-ee,1                 Wocf.1 ;r1a f'\.
Print Witness' Name*

* The notary shall not also serve as a witness.

The foregoing instrument was acknowledged before me this                            c?/2        day of _:;;;;:.....,..:..,_;;..:....e{/,"''!f:1::;_=-1---   2-002;-"'
                                                                                                                                (m~                              (year)
by,._.U,,::!a<.l.lL..l:.,___.c:::._4::,,t...f;d_.!:!Jj'..f..}!.!-



                                           , Notary Public


-(ln-s~e~rt~C+-o-un~t-y)~~--
                                        County,               /J1r UAi1, /J h
                                                          (lnsertsTaie)f

My Commission Expires:                    /~/4)/0 3                               Drafted by:

                                                                                     Hopp Environmental
                                                                                    Company Name

                                                                                  Dave Hopp
                                                                           , r i n t Name of Drafter

                                                                             .,      3522 Sleepy Creek Trail, Elland NC 27243
                                                                                    Company Address
                            UBER 3 3 li 9PAGE l l! 3

                            ATTACHMENT A
The restrictive covenant is to include the lot as described.

Property:
531 E. Laketon
Muskegon, Muskegon County, Ml
Property ID#: 24-255-001-0029-00

Legal Description:
Land in the City of Muskegon, Muskegon County, Michigan described as:
Lots 28, 29 and 30, Block 1, East Lawn Subdivision of Blocks 3, 4 and 5 of
R. P. Easton's Second Subdivision of part of Section 32, Town IO North,
Range 16 West, Muskegon County, Michigan, as recorded in Liber 6 of
Plats, Page 13.

The lot has been identified to contain soil and groundwater contaminants as
a result of a gasoline release from an underground storage tank system. Soil,
water well and use restrictions are placed on the property to eliminate the
potential for exposure to remaining contaminants.

Soil is not to be removed from the property without proper testing to ensure
that it can be relocated without posing a threat to the public health, safety,
welfare or environment in the new location. Testing must be completed in
accordance with Michigan Department of Environmental Quality-Storage
Tank Division (MDEQ STD) current analytical criteria for a gasoline
release.

Water wells are not to be installed on the property.

New building construction is to be completed using slab construction and
vapor barriers unless sampling is conducted in accordance with current
MDEQ criteria for a gasoline release to demonstrate that contaminant
concentrations are below Tier I residential volatilization to indoor air criteria
or by establishing a Tier II/Ill volatilization to indoor air site specific target
level for planned property use.
                                         CITY OF MUSKEGON

                                 MUSKEGON COUNTY, MICHIGAN

                                     ORDINANCE NO.       2070 ·

       An ordinance amending the City Code by adding to Ordinance No. 2039 (Muskegon City
Code Sections 24-46 through 24-52.5) certain identifying "Appendix Maps" and descriptions of
properties determined to be "affected premises" on which groundwater wells for the delivery of
water for human consumption and irrigation, and the use of such wells which may influence the
movement of contaminated groundwater, are prohibited by the said Ordinance No . 2039. The
said Ordinance No. 2039 is amended by this Ordinance.

THE CITY COMMISSION OF THE CITY OF MVSKEGON HEREBY ORDAINS:

       1.      The properties identified in this amending ordinance are determined to be affected
premises within the meaning of, and regulated in accordance with, Ordinance 203 9 or any
successor ordinance prohibiting wells on such premises. The property is located at 531 E.
Laketon Ave.

                  Owner of Parcel                     Property Tax Number

                  Admiral Petroleum                    24-255-001-0029-00

        2.      Attached to this ordinance and incorporated herein are Appendix Maps locating
the affected premises and their legal descriptions.

         3.     This ordinance shall be effective ten (10) days after publication. In the event any
part of this ordinance is finally determined to be invalid or unenforceable by a court having
jurisdiction, then said determination shall not affect the validity of the remaining provisions.

This ordinance adopted:
        Ayes: Gawron, I arson, Scbwei fl er, .Shepherd, .Spataro, Warmington, R11i e
        Nays:
                 ~~~---- - - -- - - - - - - - - - - - - - - - - -
Adoption Date:      April 9, 2002
Effective Date:     April 29, 2002
First Reading:      March 26      2002
Second Reading: April 9, 2002




C:\DOCUME~1 \WEEM IC~1 \LOCALS~1 \TEMP\A35458. DOC
                                            CERTIFICATE

        This ordinance was adopted at a meeting of the City Commission, held on
    April 9                       , 2002. 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 ~USKEGO~ /

                                                     By                 ,~
                                                     Gail A. Kundinger, City Clerk




Publish:        Notice of Adoption to be published once within ten (10) days of final adoption.




C:\DOCUME~1 \WEEMIC~1\LOCALS~ 1\TEMP\A35458. DOC
                                                                      APPENDIX NO. _1_

                                                   Affected Premises Contaminated or Subject to Contamination
                                                                     at 531 E. Laketon Ave.



                                                 Real Property Tax Assessment Parcel Number and Legal Description

                                                 Parcel No. 24- 255 - 001 - 0029- 00

                                                 Lots 28, 29 and 30, Block 1 ofEastlawn Subdivision pf Blocks 3, 4 and 5 ofR.P.
                                                 Easton's Second Subdivision of part of Section 32, Town 10 North, Range 16
                                                 West, as recorded in Liber 3 of Plat~, Page 13, City of Muskegon, County of
                                                 Muskegon, State of Michigan

                                                                      Appendix Map of the Property




C:\DOCUME~11'McEMIC~1\LOCALS-1\TEMP\A35458.DOC
                                          CITY OF MUSKEGON
                                         NOTICE OF ADOPTION

TO:      ALL INTERESTED PARTIES

      Please take notice that on    April 9       , 2002, the City Commission of the City of
Muskegon adopted an ordinance to amend the Muskegon City Code limiting and regulating
groundwater wells for the delivery of water for human consumption and irrigation.

       The amending ordinance identifies the following affected properties upon which
groundwater wells for the delivery of water for human consun1ption and irrigation are prohibited.
The properties are listed by their street address and property tax identification numbers. The full
ordinance, available at the City Hall, contains the legal descriptions of the prope1iies affected:

                  Property Address                  , Property ID Numbers

                 531 E. Laketon Ave.
                 Muskegon,MI49442                    24-255-001-0029-00

       Legal descriptions of the above properties, and a map showing the location of
contaminated properties and sources of contamination, are attached to the full ordinance and may
be inspected and copied in connection with any inspection of the ordinance.

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

        This ordinance amendment is effective ten (10) days from the date of this publication.

                                                CITY OF MUSKEGON

Published:           April 19, 2002             By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                Gail A. Kundinger, Its Clerk



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


             # /o/-J>Ot/00-SJ.Jf"




C:\DOCUME~1\WEEMIC-1\LOCALS~1\Temp\A35459.DOC
                 Commission Meeting Date: March 26, 2002




Date:         March 20, 2002
To:           Honorable Mayor and City Commissioners C~
From:         Planning & Economic Development
RE:           Groundwater Ordinance Amendment


SUMMARY OF REQUEST:

To approve an amendment to the City Groundwater Ordinance to include properties
that have been identified as "affected" premises as defined in the Groundwater
Ordinance. An "affected" premises shall mean a parcel of property any part of which is
located within an appendix map made part of this ordinance, as originally enacted or
amended, which map shows the parcel to have contaminated groundwater under any
part of the parcel.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the amendment.

COMMITTEE RECOMMENDATION:

None




3/20/2002
CITY OF MUSKEGON
GROUNDWATER ORDINANCE AMENDMENT
March 26, 2002



AFFECTED PREMISES LIST
                 -




       Parcel Number                    Property Owner            Property Address
   See Legal Description          West Michigan Dock & Market     See Attachment 2
   as Attachment 2
                         -   ..
   24-205-563-0010-00             City of Muskegon                350 Shoreline Dr.
                                                                  See Attachment 3
   24-205-563-0008-10             Muskegon Properties Co., Inc.   372 Morris St.
                                                                  See Attachment 4
   24-205-563-0008-10             Muskegon Properties Co., Inc.   See Attachment 5
   24-205-563-0004-00             Muskegon Properties Co., Inc.   See Attachment 6
   24-205-563-0008-10             Muskegon Properties Co., Inc.   See Attachment 7

An appendix map (indicated as Exhibit B) is also attached for reference. The information
in this map has been provided and prepared by the private property owners and/or their
consultants. The City does not actively seek groundwater contamination sites and will
only request an ordinance amendment when information were supplied by private
property owners for their own protection.
                                        CITY OF MUSKEGON

                                MUSKEGON COUNTY, MICHIGAN

                                    ORDINANCENO.         2071


       An ordinance amending the City Code by adding to Ordinance No. 2039 (Muskegon City
Code Sections 24-46 through 24-52.5) certain identifying "Appendix Maps" and descriptions of
properties determined to be "affected premises" on which groundwater wells for the delivery of
water for human. consumption and irrigation, and the use of such wells which may influence the
movement of contaminated groundwater, are prohibited by the said Ordinance No. 2039. The
said Ordinance No. 2039 is amended by this Ordinance.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

       1.      The properties identified in this amending ordinance are determined to be affected
premises within the meaning of, and regulated in accordance with, Ordinance 203 9 or any
successor ordinance prohibiting wells on such premises. The said affected premises constitute
the Mich Con/Lakey Facility and are located in the vicinity of Terrace Point Drive, Shoreline
Drive and Morris Street:

                  Owner of Parcel                     Property Tax Number

             West Michigan Dock & Mkt.                   S~e Legal Descriotion, Attch. 2
             City of Muskegon                          24-205-563-0010-11 (Attch. 3)
             Muskegon Pro2erties CQ,                   24 205 563 0008 10 (~ttch. 4)
            Mm,k@gm:1 Properties Co.,                  24 205 563 0008 1 0 ( Atleh 5)
            Muskegon erQ~er:tjeS Co                    24 205 563 0004 00 (Atteh 6)
            Muskegon Properties Co.                    24-205 563 0008 1 0 {l\ttc:h 7)

        2.      Attached to this ordinance and incorporated herein are Appendix Maps locating
the affected premises and their legal descriptions.

        3.      This ordinance shall be effective ten (10) days after publication. In the event any
part of this ordinance is finally determined to be invalid or unenforceable by a court having
jurisdiction, then said determination shall not affect the validity of the remaining provisions.

This ordinance adopted:
       Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie
       Nays:


Adoption Date:                      2002
Effective Date:        Ma        2002


G:IEDSIIFILES\0010010182\ORDIN\9R8209.DOC
First Reading:          March 26, 2002
Second Reading:         April 9, 2002


                                                      CITY OF MUSKEGON




                                            CERTIFICATE

        This ordinance was adopted at a meeting of the City Commission, held on
           April g                , 2002 .The me~ting was properly held and noticed pursuant
to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.

                                                                                I
                                                      CITY OF MUSKEGON'

                                                      By           ~   a, ~
                                                      Gail A. Kundinger, City Clerk




Publish:         Notice of Adoption to be published once within ten (10) days of final adoption.




G:\EDSI\FILES\00100\0182\ORDIN\9R8209.DOC
                           APPENDIX NO.

         Affected Premises Contaminated or Subject to Contamination
            by the Groundwater from the MichCon /Lakey Facility


[Insert Maps]

[Insert Real Property Tax Assessment Parcel Numbers and Legal Description
                                              EXHIBIT A

                                       LEGAL DESCRIPTION

That part of Lot 9, Block 563 of the Revised Plat of the City of Muskegon lying northerly of the
Northerly line of the following described premises, if said line were extended from the Easterly line to
the Westerly line of said Lot 9:

That part of Lot 9, Block 563 of the Revised Plat of 1903 ofthe City of Muskegon, Muskegon County,
Michigan, described as follows: Commencing at the South most comer of said Block 563, thence North
42 °18' West along the Northeasterly line of Third Street 461.33 feet to the Southeasterly line of said
Lot 9 for point of beginning, thence North 32 °57' East along said Southeasterly line 480.60 feet to the
Northeasterly line of said Lot 9, thence North 52 ° 41' West along said Northeasterly line 107.10 feet,
thence South 26 °49' West 515.30 feet to a point which is 30.00 feet Northeasterly measured at right
angles from the Southwesterly line of said Lot 9, thence South 42 °18' East 53.49 feet, thence North 32
0
 57' East 37.22 feet to point of beginning.

SUBJECT TO THE FOLLOWING EASEMENT That part of Lot 9, Block 563 of the Revised Plat of
1903 of the City of Muskegon, Muskegon County, Michigan, described as follows: Commencing at
the South most comer of said Block 563, thence North 42 °18' West along the Northeasterly line of
Third Street 461.33 feet to the Southeasterly line of said Lot 9; thence South 32 °57 West along said
Southeasterly line 68.24 feet to the Southwesterly line of said Lot 9; thence North 42 °18' West along
said Southwesterly line 49.94 feet to POINT OF BEGINNING; thence North 26 °49' East along the
Northwesterly line of Terrace Street 547.40 feet to the Northeasterly line of said Lot 9; thence North
52 °41' West along said Northeasterly line 341.72 feet; thence South 26 °49' West 481.48 feet to said
Southwesterly line of Lot 9; thence South 42 °18' East along said Southwesterly line 359.62 feet to
Point of Beginning.                                            . ,'




    Name of Owner:   West Michigan Dock        &   Market Co.
Tax Parcel ID No.          See Legal Description




                             ATTACHMENT 2
                                    UBIR2291 PACE157
                                      . ATTACHMENT A

                                Legal Description of the Property


 That part of Lot 10 of Block 563 of the Revised Plat of 1903 of the City of Muskegon, as
 recorded in Liber 3 of Plats, Page 71, Muskegon County, Michigan, described as follows:
 Commencing at the intersection of the Northeasterly line of Terrace Street, being the
 Southwesterly line of Block 557 of said Revised Plat, extended to the centerline of vacated Water
Street; thence North 62 degrees 44 minutes 00 seconds West along the Northeasterly line of
Terrace Street extended 381.45 feet; thence westerly along the Northerly line of said Terrace
Street along the arc of302.48 foot radius curve to the left a distance of269.86 feet to the
Northeasterly line of Lot 5 of Block 558 of said Revised Plat of 1903 (the long chord of said
curve bears North 88 degrees 17 minutes 30 seconds West 261.00 feet, the central angel of said
curve is 51 degrees 07 minutes 00 seconds); thence continue Westerly along the Northerly line of
said Terrace Street along the arc of said 302.48 foot radius curve to the left a distance of207.65
feet (the long chord of said curve bears South 46 degrees 29 minutes 00 seconds West 203.60
feet, the central angle of said curve is 39 degrees 20 minutes 00 seconds); thence South 26
degrees 49 minutes 00 seconds West along the Northerly line of said Terrace Street 328.1 O feet
to POINT OF BEGINNING of this description; thence continue South 26 degrees 49 minutes 00
seconds West along the Northerly line of Terrace Street 205.00 feet to the Southwesterly line of
said Lot 10 ofBlock 563; thence North 52 degrees 44 minutes 35 seconds West along said
Southwesterly line 872.00 feet; thence North 43 degrees 27 minutes 45 seconds West along said
Southwesterly line 109.50 feet; thence North 83 degrees 23 minutes 50 seconds East 271.44 feet;
thence South 63 degrees 11 minutes 00 seconds East 435.00 feet, thence South 38 degrees 11
minutes 00 seconds East 330.00 feet to point of beginning. Containing 4.75 acres.



Name of Owner:     City of Muskegon

Tax Parcel ID No. 24-205-563 0010 00




G:\COMMON\5\GTJ\MICHCON~NTENT.NOT




                                      ATTACHMENT 3
                                                  ATTACHMENT A

                                           Legal Description of the Property

 (CSX/City Property)
That part of Lots 8 and 10 of Block 563 of the Revfoed Plat of 1903, City of Muskegon, Muskegon County,
Michigan described as follows: Commence at the South most comer of said Block 563, being the Northeast comer
of Morris Avenue and Third Street; thence North 41 °27'00" West along the Northeasterly line of said Third Street
383.70 feet to the Southeasterly line of Shoreline Drive (formerly Terrace Street Extension); thence North
27°38'19" East along said Southeasterly line 359.39 feet for POINT OF BEGINNING; thence continue North
27°38' 19" East along said Southeasterly line 399.53 feet to a point which is 36.00 feet, measured at right angles,
Southwesterly of the Southwesterly line of Block 562 of said Revised Plat (extended); thence South 61 °44'00"
East, parallel to said Southwesterly line, 84.56 feet to the Easterly line of said Lot IO; thence South 11 °57'20" West
along said Easterly line and the Easterly line of said Lot 8 a distance of 501.37 feet to the Southeasterly line of said
Lot 8; thence North 41 °27'00" West 235.60 feet to Point of Beginning. Containing 1.47 acres.



  Name of Owner:        Muskegon Properties Co., Inc.

  Tax Parcel ID No.        24 205 563 0008 1 O




      G:\COMMON\5\GTJIMICHCONIRESTCOV3.922.                      ATTACIWENT 4
                                        LIBER3072 rAoE006
                                                  ATTACHMENT A

                                          Legal Description of the Property

                                                     (Corrected)



That part of Lot 4 of Block 563 of the Revised Plat of 1903, City of Muskegon, Muskegon County, Michigan
described as follows: Co=encing at the Southeast comer of Lot 2 of said Block 563; thence North 39°01 '00"
We'ot (recorded as North 39°47' West) along the Southwe'irterly line of First Street 226.60 feet for POINT OF
BEGJNNING, said point being 70.00 feet Northwe'irterly of the Southeast corner of said Lot 1; thence continue
North 39°01 '00" We'irt 18.26 feet; thence North 61 °44'00" We'irt along a line which is 36.00 feet, measured at right
angles, Southerly of and parallel to the Northeasterly line of said Block 563 (also being 66.00 feet, measured at
right angles, Southerly of and parallel to the South most line Terrace Plaza Condominium as recorded in Liber
1124, Page 179 to 222 inclusive, Muskegon County Records) a di'irtance of389.87 feet to the Easterly line of Lot
10 of said Block 563; thence South 27°38'19" West along said Easterly line 25.00 feet, thence South 61 °44'00"
East 282.72 feet (recorded as South 62°30' Ea'irt 268.5 feet); thence South 69°58'30" East 118.16 feet to Point of
Beginning, EXCEPT that part above described located in Lot 1 of Block 563.


Name of Owner:        Muskegon Properties Co., Inc.

Tax Parcel ID No.         24-2Q5 563 0008,10




      G:\COMMON\5\GTJ\MICHCONIRSTCV2.CRT
                                                    ATTACHMENT 5
                                                ATTACHMENT A

                                         Legal Description of the Property


 (Morris Center/City)
 Parts of Lots 4 and 5, Block 563 of the Revised Plat of 1903 of the City of Muskegon recorded inLiber 3, Page
71, described as follows: Beginning at the Southeasterly comer of said Lot 4, thence South 50°16'33" West, 325.71
feet along the Northerly line of Morris Avenue, thence North 39°54'53" West, 125.00 feet, thence North 50°16'33"
East, 232.30 feet, thence North 39°43'27" West, 32.00 feet, thence North 50°16'33" East, 93.71 feet, thence South
.39°47'00" East, 157.00 feet along the Northeasterly line of said Lot 4 and property line to the point of beginning.

  Name of Owner:      Muskegon Properties Co. , Inc •.

  Tax Parcel ID No. :24-205-563-0004 00




                                                                ATTACHMENT 6
      G:ICOMMON\5\GTJIMICHCONIRESTCOV1.922
            Parcel '' A 11 Legal Description

            Lot 4 and the EHstcrly 128 feet of Lot 5 and part of Lot I of Block 563
            of the Re,•iscd Plat (of 1903) of the City of Muskegon. recorded in Liber 3,
            Page 71, Section 19, Tl ON. R 16W. East part ol'Muskcgon Township.
            Muskegon County, Michigan: That Parr of Loi I described as follows:
            Conlmencing at the Northeasterly comer of said Lot I, being the comer
            at the intersectiori of Water and North First Streets, running thence Southeasterly
            along North First Street 120 feet; Thence Southwesterly across said Lot I,
           a line parallel to Morris Street to the Westerly side of said Lot;
           thence along said Westerly side of said Lot Northwesterly to the
           rear of said Lot, being the Northwesterly comer thereof; thence Northeasterly
           along the No11hwcstcrly end of said Lot to the Place of Beginning, having a frontage
           on North First Street" of 120 feet.
               Except beginning at the Southeasterly comer of said Lot 4, Thence S50° J6'33 "W,
           .125.71 lcet along the Northerly.line of Morris Street Thence N39° 54' 53"W 125.00
           feet along the Nmthciistcrly edge ofan cxi:-:ting annory building and Property Linc                              1

           thence N50° 16' 33"E 232.30 feet, thence N39° 43' 27"W 32.00 feet, thence
           N50° 16' 33"E 93.71 feet, thence S39° 47' OO"E 157.00 feet along the Northeasterly
           line of saidLot 4 and Property Linc to the Place of Beginning.
              Also Except Commencing at an iron stake on the \Vcstcrly line ofNorth Firsr
           Street which is 338.1 feet N39° 47'W or lhe SE corner of Lot 2 of Block 563. thence
           N62° J0'W 298 reel, lhcncc S 13° 06'\V 61.95 li:ct. Thence S62° 30'E 2Mt5 feel.
           thence N40° 43' E 61.63 feet to the Place of Beginning.
              Also Except commencing at a point on the Northerly line of Morris Street 134 foet
           in a No11hc.1sterly direction from tht! Southeasterly corner of Lot 6 of Block 563,
           thence in a Norlhwcslcrly direction .it right angles lt' :-aid Mon-i:-- Street 155.5 fCct.
           thence at right angles in a Northc:1stcrly direction and parallel to the Nonhcr\y line of Morris
           S1reet 1.5 1ec.'t, thence Southeasterly 155.51 /"ect to lhe Place of Beginning.


            More Particularly describe as: Commencing at a Point, as shown in Block survey of 562 & 563
            for City of Michigan 1995 by Ralph Van Riper, Professional Surveyor# 16946; thence South
           41° 29' 00" West 61.63' to the Point of Beginning (P.0.B.);
           thence South 39 • 01 '00" East a distance of 111.50 to a Point;
           thence South 50 • 52'38" West a distance of 66.00 to a Point;
           thence South 39 • 01 '00" East a distance of 69.63 to a Point;
           thence South 50 • 52'38" West a distance of 225.71 to a Point;
           thence South 39 • 01'00" East a distance of 32.00 to a Point;
          thence South 50 ' 52'38" West a distance of 231.52 to a Point;
          thence North 38 • 34'12" West a distance of 30.50 to a Point;
          thence South 50 • 52'38" West a distance of 1.50 to a Point;
          thence North 39 • 07'22" West a distance of 139.30 to a Point;
          thence South 32 • 41 '25" West a distance of 16.09 to a Point;
          thence North 11 • 57'20" East a distance of 476.37 to a Point;
          thence South 61 • 44'00" East a distance of 282.72 to a the Point of Beginning (P.0.B.)
  I
          Said p3rc9! contalnlng 3.11 acres cf l~:1d, mere or le::;:::;,
          Subject to easements and restrictions of record, if any.
  I\---                                                                           ··-· ··-
  !       Name of Owner:             Muskegon Properties Co., Inc.

           Tax Parcel ID         No,       24 205 563 QQQ8 10
                                                 ~-~~-~~~~~-~"'"""'.-,-,-,-,--,-,-;s,I -
                                                    ceaeNo NOVA Surveying & Mapping L.L.C.
                                                                                           21580 N

                                                                                                 i

1 3/4 ton Dodge Pick-up    ,No Bid                   $18,466.00       i1s,s10.1s    $16,870.78 30499 1988 Pick-up



1 3/4 ton Dodge Pick-up 4X4 No Bid                   $21,995.00       $20,437.78    $20,437.78 30107 1993 Pick-up

                                                                                                 [


6 Dodge Dakotas                No Bid                $15,999.00       i14,613.78    $87,682.68 120190,20192,20193,20194 1993 Sunbirds
                           !
                                                                                                30542,30543 1996 Dakotas
                           •

                                                 i




                                                      $136,455 Total Cost          $124,991.24


                                                                  Budgeted         $130,000.00   i
Date:      March 20, 2002
To:        Honorable Mayor and City Commission
from:      Water Filtration Plant
RIE:       2002 Water Treatment Chemical Bids



SUMMARY OF REQUEST:

Recommend endorsement of lowest responsible bidders to supply
aluminum sulfate, sodium hypochlorite, and fluoride for the water
filtiation plant

FINANCIAL IMPACT:

Annual cost of $70,786.00 (based on average annual water pumped to
mains).

BUDGET ACTION REQUIRED:

None at this time. These chemicals are budgeted annually.

STAFF RECOMMENDATION:

Staff recommends the Mayor and City Commission endorse the low bids
received and the contract renewal and enter into contracts with General
Chemical, Alexander Chemical, and Lucier Chemical for aluminum
sulfate, sodium hypochlorite, and fluoride respectively.
                                        MEMORANDUM

                                              3120102

TO:             R. KUHN, DPW

FROM:           R.VENEKLASEN,WFP

RE:             CHEMICAL BIDS-WATER FILTRATION PLANT



BACKGROUND
In 1996 the Water Filtration Plant began the process of competitively bidding water
treatment chemicals jointly with the Cities of Grand Haven, Grand Rapids, Wyoming and
Holland. The original bids (1996) allowed for mutually agreed upon annual contract
renewal. Subsequent bids have also allowed for contract renewal in two or three year
intervals.

HISTORICAL CHEMICAL COSTS
This process worked in the City's favor as the costs for treatment chemicals over the
past four years have remained low. This is best indicated in the following table:

YEAR          ALUMINUM SULFATE                    CHLORINE              FLUORIDE
1990                    141.79                     460.00                160.00
1991                    144.65                     330.00                152.72
1992                    143.00                     235.00                150.88
1993                    138.92                     375.00                153.00
1994                    136.89                     375.00                165.00
1995                    136.80                     360.00                153.50
1996                    136.29 (6 mos.)             395.00               138.80
1997                    125.00                     332.00                129.00
1998                    125.00                      332.00 (7 months)    129.00
1999                    125.00                      107.67               141.50
2000                    136.50                      107.67               141.50
2001                    136.50                      107.20               145.00
NOTE: Began use of Sodium Hypochlorite as disinfectant in 1998.

In January of 1998 joint bids were released for Sodium Hypochlorite with the Cities of
Wyoming and Holland. Again the process was successful and a favorable cost was
obtained for the Hypochlorite.

The historical annual average chemical usage in tons, based on average pumpage is:
                 CHEMICAL                         TONS
                 Aluminum Sulfate                 21 O
                 Sodium Hypochlorite              300
                 Fluoride                          70

CHEMICAL BIDDING FOR 2001
2000 was the first year, of three years possible, for bids for Sodium Hypochlorite.
Aluminum Sulfate and Fluoride were bid this year due to contract expiration.
The Sodium Hypochlorite supplier, Alexander Chemical, Inc. will hold the current price of
$107.20 per ton as allowed in the contract extension. Aluminum Sulfate and Fluoride
were jointly bid for 2002, with the following results:

HYDROFLUOROSILICIC ACID (FLUORIDE)
SUPPLIER            YEAR           G. RAPIDS         WM COOP
Lucier (LCI)        2002           $142.30           $142.30
                    2003            142.30            142.30
                    2004            146.30            146.30

Pescod                  2002          $148.00        $148.00
                        2003           149.50          149.50
                        2004           151.00          151.00

Solvay                  2002          $160.00        $160.00
                        2003           160.00         160.00
                        2004           160.00         160.00

ALUMINUM SULFATE
SUPPLIER                YEAR          G. RAPIDS      WM COOP
General Chemical        2002          $136.50        $136.50
                        2003           136.50         136.50
                        2004          3% max. cap.   3% max. cap

US Aluminate Co. Inc.   2002          $145.50        $145.50
                        2003           145.50         145.50
                        2004           145.50         145.50


The results display that Lucier Chemical is the low fluoride bidder for the cooperative
joint purchasing group at a cost of $142.30 per Ton for year one of the three-year period.
The results also display that General Chemical is the low aluminum sulfate bidder at a
cost of $136.50 per Ton for year one of the three-year period.

SUMMARY
The joint cooperative chemical bids for 2002are as follows:

CHEMICAL                       SUPPLIER                         COST

Aluminum Sulfate               General Chemical                 $136.50

Sodium Hypochlorite            Alexander Chemical               $107.20

Fluoride                       Lucier Chemical                  $142.30

*The prices are "per ton" FOB each location.

RECOMMENDATION
It is my recommendation that the Mayor and City Commission endorse the low bids
received, with the joint purchase approach, for aluminum sulfate and fluorosilicic acid;
and extension of the sodium hypochlorite contract.
Date:        April 9, 2002
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Washington Ave., Franklin to Division


SUMMARY OF REQUEST:

The Washington Street contract (H-1538) be awarded to Jackson Merkey Contractors out
of Muskegon since they were the lowest (see bid tabulation) responsible bidder with a bid
price of $447,701.70 (see attached bid tabulation).

FINANCIAL IMPACT:
The construction cost of $447,701.70 plus associated engineering cost which is estimated at
an additional 15%.



BUDGET ACTION REQUIRED:

None.


STAFF RECOMMENDATION:
Award the contract to Jackson Merkey Contractors.



COMMITTEE RECOMMENDATION:
                                                               H-1538 WASHINGTON- FRANKLIN TO DIVISION
                                                                BID PROPOSAL TABULATION APRIL 2, 2002
                                                                                      WADEL                    MILBOCKER               JACKSON-MERKEY                   LODESTAR                 LAKESIDE/PRINCE

                                                                            UNIT                           UNIT                        UNIT                         UNIT                        UNIT
                    ITEM DESCRIPTION                  QUANTITY    UNIT     PRICE      TOTAL PRICE         PRICE       TOTAL PRICE     PRICE      TOTAL PRICE       PRICE      TOTAL PRICE      PRICE     TOTAL PRICE

1 ADJUST CATCH BASIN CASTING                             2        EACH     $275.00             $550.00     $275.00         $550.00    $300.00           $600.00    $250.00           $500.00   $325.00          $650.00

2   ADJUST MANHOLE CASTING                                7       EACH     $275.00            $1,925.00    $300.00       $2,100.00    $420.00         $2,940.00    $250.00         $1,750.00   $325.00        $2.275.00

3 AGGREGATE BASE COURSE 22A :a'.l 8" COMPACTED          3990      SYD        $5.85         $23,341.50        $7.20      $28,728.00       $5.35       $21,346.50       $6.00       $23,940.00     $6.50       $25,935.00

4   BENDS 8" 45 DEG DCI MJ                               10       EACH     $250.00            $2,500.00    $310.00       $3,100.00    $275.00         $2,750.00    $225.00         $2,250.00   $250.00        $2,500.00

5 BENDS 12" 45 DEG DC! MJ                                4        EACH     $350.00            $1.400.00    $400.00       $1,600.00    $415.00         $1,660.00    $300.00         $1,200.00   $350.00        $1,400.00

6 BITUMINOUS LEVELING MIXTURE 3C@ 165#/ SYD              347      TON       $41.65         $14,452.55       $39.34      $13,650.98     $41.65        $14,452.55      $40.00       $13,880.00    $39.34       $13,650.98

7 BITUMINOUS TOP MIXTURE 4C ® 165#/ SYD                  347      TON       $43.75         $15,181.25       $41.37      $14,355.39     $43.75        $15,181.25      $42.25       $14,660.75    $41.37       $14,355.39

8 CATCH BASIN CASTING E.J. 7045 OR EQUAL                 11       EACH     $550.00            $6,050.00    $460.00       $5,060.00    $495.00         $5,445.00    $400.00         $4,400.00   $500.00        $5,500.00

9 CATCH BASIN CASTIN E.J. 5105 OR EQUAL                   1       EACH     $500.00             $500.00     $600.00         $600.00    $495.00           $495.00    $375.00           $375.00   $475.00          $475.00

10 CATCH BASIN, FL.P..T TOP SPECIAL DETAIL               12       EACH    $1,200.00        $14,400.00     $1,200.00     $14.400.00   $1,370.00       $16,440.00    $750.00         $9,000.00 $1,200.00       $14,400.00

11 CEMENT                                                15       TON      $170.00            $2,550.00    $170.00       $2,550.00    $165.00         $2,475.00    $130.00         $1,950.00   $170.00        $2,550.00

12 CONCRETE CURB AND GUTTER F-4 MODIFIED                2505      L FT      $10.00         $25,050.00        $7.76      $19,438.80       $8.55       $21,417.75       $9.30       $23,296.50     $8.35       $20,916.75

13 CONCRETE DRIVE APPROACH, 6" STD                       573      SYD       $30.00         $17,190.00       $24.75      $14,181.75     $22.30        $12,777.90     $27.50        $15,757.50    $27.00       $15,471.00

14 CONCRETE DRIVE APPROACH, 8" STD                       94       SYD       $41.00            $3,854.00     $35.00       $3,290.00     $27.50         $2,585.00     $31.25         $2,937.50    $37.00        $3,478.00

15 CONCRETE SIDEWALK, 4"                                5290      SFT        $2.35         $12,431.50        $1.88       $9,945.20       $2.25       $11,902.50      $2.25        $11,902.50     $2.20       $11,638.00

16 CONCRETE SIDEWALK, 6"                                1450      SFT        $3.50            $5,075.00      $2.80       $4,060.00       $2.50        $3,625.00      $2.65         $3,842.50     $3.20        $4,640.00

17 CORPORATION STOP, 1" MUELLER# 15000 OR EQUAL          20       EACH     $450.00            $9,000.00    $100.00       $2,000.00    $215.00         $4,300.00    $200.00         $4,000.00   $300.00        $6,000.00

18 CROSS 8" X 8" DCI MJ                                   1       EACH     $475.00             $475.00     $850.00         $850.00    $420.00           S420.00    $300.00          $300.00    $550.00          S550.00

19 CROSS 12" X 8" DCI MJ                                  1       EACH     $610.00             $610.00    $1,000.00      $1,000.00    $545.00           $545.00    $450.00           $450,00   $750.00         $750.00

20 CURB STOP WIBOX, 1" MUELLER# 15150 OR EQUAL           12       EACH     $450.00            $5.400.00    $125.00       $1,500.00    $240.00         $2,880.00    $225.00         $2,700.00   $350.00        $4,200.00

21 HYDRANT.STANDARD                                       3       EACH    $1,550.00           $4,650.00   $1,750.00      $5,250.00   $1,375.00        $4,125.00   $1,275.00        $3,825.00 $1,500.00        $4,500.00

22 MACHINE GRADING MODIFIED                             12.29     STA     $1,750.00        $21,507.50     $3,300.00     $40,557.00    $760.00         $9,340.40   $5,000.00       $61,450.00 $1,250.00       $15,362.50

23 MANHOLE CASTING E.J. # 1000 OR EQUAL                  14       EACH     $450.00            $6,300.00    $500.00       $7,000.00    $490.00         $6,860.00    $325.00         $4,550.00   $400.00        $5,600.00

24 MANHOLE, STANDARD, 4' LO, 0-10' DEEP                   8       EACH    $1,750.00        $14,000.00     $1,400.00     $11,200.00   $1,370.00       $10,960.00    $800.00         $6.400.00 $1,350.00       $10,800.00

25 METER PIT, COMPLETE                                    8       EACH     $750.00            $6,000.00    $535.00       $4,280.00    $690.00         $5,520.00    $575.00         $4,600.00   $900.00        $7,200.00

26 RECONSTRUCTING MANHOLES                                5       VFT      $375.00            $1,875.00    $510.00       $2,550.00    $450.00         $2,250.00    $100.00          $500.00    $425.00        $2,125.00

27 REDUCER 8" X 4" OCI MJ                                 1       EACH     $250.00             $250.00     $335.00         $335.00    $190.00          $190.00     $220.00          $220.00    $225.00         $225.00

28 REDUCER 8" X 6" DC! MJ                                 3       EACH     $250.00             $750.00     $375.00       $1,125.00    $195.00          $585.00     $250.00          $750.00    $225.00         $675.00

29 REMOVING CATCH BASIN                                  12       EACH     $300.00            $3,600.00    $205.00       $2,460.00    $510.00         $6,120.00    $400.00         $4,800.00   $200.00        $2,400.00

30 REMOVING CONCRETE CURB AND GUTTER                     30       LFT        $6.00             $180.00      $10.60         $318.00      $7.50          $225.00      $10.00          $300.00      $7.00         $210.00

31 REMOVING CONCRETE DRIVE APPROACH                      667      SYD        $6.00            $4,002.00      $5.00       $3,335.00      $8.75         $5,836.25      $9.25         $6,169.75     $6.00        $4,002.00



                                                                         SUBTOTAL         $225,050.30                  $221,370.12                  $196,250.10                  $232,657.00                $204,434.62

            12A                         TRANSFER SUBTOTAL TO TOP OF NEXT PAGE (128)
                                                                  H-1538 WASHINGTON- FRANKLIN TO DIVISION
                                                                              BID TABULATION APRIL 2, 2002

                                                                                           WADEL
                                                                                                                    MILBOCKER                JACKSON-MERKEY                   LODESTAR                LAKESIDE/PRINCE

                        ITEM DESCRIPTION                 QUANTITY     UNIT      PRICE      TOTAL PRICE         NIT PRIG TOTAL PRICE        NIT PRIG TOTAL PRICE        NIT PRIG TOTAL PRICE        NIT PRIG TOTAL PRICE

                                                                SUBTOTAL FROM 12A              $225,050.30                   $221,370.12               S196,250.10                 $232,657.00                 $204,434.62

32 REMOVING CONCRETE SIDEWALK                              7640        S FT        $0.75           $5,730.00       $0.45     $3,438.00         $1.10       $8,404.00       $1.00     $7,640.00        $0.75      $5,730.00
33 REMOVING MANHOLE                                         7         EACH      $500.00            $3,500.00    $225.00      $1,575.00      S630.00        $4,410.00    $450.00      $3,150.00     $200.00       $1,400.00
34 REMOVING PAVEMENT INCLUDING CURB AND GUTTER             4725        SYD         $3.50        $16,537.50         $5.75    $27,168.75         $3.20     $15,120.00        $7.50    $35,437.50        $6.00     $28,350.00
35 REMOVING TREES 13-24" DIA                                2         EACH      $750.00            $1,500.00    $150.00        $300.00      $425.00         $850.00     $150.00          $300.00   $250.00        $500.0D
36 REMOVING TREES 25-36"' DIA                               1         EACH     $1.250.00           $1,250.00    $425.00        $425.00      $675.00         $675.00     $425.00          $425.00   $450.00        $450.00
37 REMOVING TREES 37'' DIA OR LARGER                        2         EACH     $1.500.00           $3,000.00    $710.00      $1,420.00      $990.00        $1,980.00    $725.00      S1.450.00     $650.00       $1,300.00
38 SAND REFILL                                             SOD         CYD         $9.50           $4,750.00       $9.00     $4,500.00         $6.75       $3,375.00       $8.75     $4,375.00      $12.00       $6,000.00
39 SANITARY SEWER SERVICE 6" PVC SOR 35                    858         LFT       $26.00         $22.308.00       $32.00     $27,456.00        $29.00     $24,882.00       $27.50    $23,595.00      $30.00      $25,740.00
40 SANITARY SEWER 12" PVC SOR 35                           1073        LFT       $32.00         $34.336.00       $25.00     $26,825.00        S37.65     $40,398.45       $30.00    $32,190.00      $45.00      $48,285.00
41 SANITARY SEWER WYE 12" X 6" PVC SDR 35                   26        EACH      $175.00            S4.550.00    $130.00      $3,380.00      $120.00        $3,120.00    S250.00      $6,500.00     S225.00       $5,850.00
42 SLEEVE 4" LONG   • Cl MJ                                 1         EACH     $1.500.00           $1.500.00    $225.00        $225.00      $390.00         $390.00     $270.00          $270.00   $25D.00        $250.00
43   SLEEVE 6" LONG • Cl MJ                                 3         EACH     $1,500.00           $4.500.00    $275.00        $825.00      $510.00        $1.530.00    $300.00          $90D.OO   $275.00        $825.00
44   SLEEVE 12" LONG • Cl MJ                                2         EACH     $1.750.00           $3.500.00    S415.00        $830.00      $675.00        $1.350.00    $550.00      $1,100.00     $400.00        $800.00
45 STORM SEWER, 12" C-76 CL V                              173         LFT       $29.50            $5.103.50     $24.00      $4,152.00       $24.00        $4,152.00     $30.00      $5,190.00      $26.00       $4,498.00
46 STORM SEWER, 12' DCI CL 52                              273         LFT       $44.00         $12,012.00       $36.00      $9.828.00       $32.00        $8,736.00     $35.00      $9,555.00      $34.00       $9,282.00
47 STORM SEWER 18" PVC SOR 35                              515         LFT       $38.00         $19,570.00       $32.00     $16,480.00       $44.50      $22,917.50      $30.00     $15.450.00      $36.00      $18,540.00
48 STORM SEWER 18" C76 CL V                                 36         LFT       $55.00            $1,980.00     $36.00      $1,296.00       $48.00        $1,728.00     $45.00      $1.620.00      $35.00       $1,260.00
49 SUBGRADE UNDERCUTTING, TYPE 11, MODIFIED                1100        CYD       $10.00         $11,000.00       $10.00     $11,000.00         $4.80       $5,280.00     $15.00     $16,500.00      $15.00      $16,500.00
50 TAPPING CROSS 12" X S"WlTH 8"VALVES W/SOXES              1         EACH     $5,000.00           $5,000.00   $5,000.00     $5,000.00     $3,235.00      $3,235.00    $4,400.00     $4,400.00 $6,500.00         $6,500.00
51 TEE 8" X 6" DCI MJ                                       3         EACH      $350.00            $1,050.00    $380.00      $1,140.00      $260.00         $780.00     $255.00          $765.00   $400.00       $1,200.00
52 TERRACE GRADING                                         1229        LFT       $15.00         $18,435.00       $13.50     $16,591.50        $7.90       $9,709.10      $15.25     $18,742.25       $9.00     $11,061.00
53 VALVE 6" GATE MJ/BOX                                     3         EACH      $700.00            $2,100.00    $900.00      $2,700.00      $580.00       $1,740.00     $500.00      $1,500.00     $600.00       $1,800.00
54 VALVE 8" GATE MJ/BOX                                     6         EACH      $900.00            $5,400.00   $1,200.00     $7,200.00      $890.00       $5,340.00     $600.00      $3,600.00     $725.00       $4,350.00
55 VALVE 12" GATE MJ W/BOX                                  2         EACH     $1,550.00           $3,100.00   $2,000.00     $4,000.00     $1,445.00      $2,890.00    $1,075.00     $2.150.00 $1,175.00        $2,350.00
56 WATERMAlN 4" DC! MJ CL 52                                10         LFT       $55.00             $550.00      $35.00        $350.00       $28.00         $280.00      $30.00          $300.00    $40.00        $400.00
57 WATERMAIN 6" DC! MJ CL 52                               68          LFT       $55.00            $3,740.00     $38.00      $2,584.00       $29.00       $1,972.00      $30.00      $2,040.00      $30.00      $2,040.00
58 WATERMAIN 8" DCI MJ CL 52                               1245        LFT       $28.00         $34,860.00       $45.00     $56,025.00       $39.20      $48,804.00      $20.00     $24,900.00      $32.00     $39.840.00
59 WATERMAIN 12" DCI MJ CL 52                              20          L FT      $55.00            $1,100.00     $60.00      $1,200.00       $49.00         $980.00      $40.00          $800.00    $50.00      $1,000.00
60 TRAFF!C CONTROL                                          1         LUMP    $12,500.00        $12,500.00     $5,500.00     $5,500.00 $10,875.00        $10,875.00    $6,000.00     $6,000.00 $7,500.00        $7,500.00
61 WATERSERVICE.1"TYPE"K"COPPER                            807         LFT         $4.00           $3,228.00     $18.00     $14.526.00       $17.65      $14,243.55      $20.00     $16,140.00      $15.00     $12,105.00
62 WATER VALVE BOX, COMPLETE                                3         EACH      $300.00             $900.00     $310.00        $930.00      $435.00       $1,305.00     $225.00          $675.00   $150.00        $450.00
                                                                  I


                                           GRAND TOTAL                                         $473,640.30                 $480,240.37                  $447,701.70                $480,316.75                $470,590.62

                                                  12B
                      H-1538 WASHINGTON- FRANKLIN TO DIVISION ENGINEER'S ESTIMATE 3/07/02 REVISED

                                                               --
                               ITEM DESCRIPTION                            QUANTITY    UNIT    UNIT PRICE   TOTAL PRICE

     ADJUST CATCH BASIN CASTING                                                 2       EACH      $400.00         $800.00
 2   ADJUST MANHOLE CASTING                                                     7       EACH      $400.00       $2,800.00
 3   AGGREGATE BASE COURSE 22A@ 8" COMPACTED                                 3990     SYD           $7.00      $27,930.00
 4   BENDS 8" 45 DEG DCI MJ                                                    10     EACH        $260.00       $2,600.00
 5   BENDS 12" 45 DEG DC[ MJ                                                   4      EACH        $300.00       $1,200.00
 6   BITUMINOUS LEVELING MIXTURE 3C@ 165#/ SYD                                347     TON          $38.00      $13,186.00
 7   BITUMINOUS TOP MIXTURE 4C@ 165#/ SYD                                     347     TON          $42.00      $14,574.00
 8   CATCH BASIN CASTING E.J. 7045 OR EQUAL                                    11     EACH        $400.00       $4,400.00
 9   CATCH BASIN CASTIN E.J. 5105 OR EQUAL                                      1     EACH        $400.00         $400.00
10   CATCH BASIN, FLAT TOP SPECIAL DETAIL                                      12     EACH      $1,300.00      $15,600.00
11   CEMENT                                                                    15     TON         $150.00       $2,250.00
12   CONCRETE CURB ANO GUTTER, F-4 MODIFIED                                  2505     L FT         $10.00      $25,050.00
13   CONCRETE DRIVE APPROACH, 6" STD                                         573      SYD          $28.00      $16,044.00
14   CONCRETE DRIVE APPROACH, 8" STD                                          94      SYD          $30.00       $2,820.00
15   CONCRETE SIDEWALK, 4"                                                   5290     S FT          $3.00      $15,870.00
16   CONCRETE SIDEWALK, 6"                                                   1450     S FT          $3.75       $5,437.50
17   CORPORATION STOP, 1" MUELLER# 15000 OR EQUAL                             20      EACH        $250.00       $5,000.00
18   CROSS 8" X 8" DCI MJ                                                             EACH        $450.00         $450.00
19   CROSS 12" X 8" DCI MJ                                                      1     EACH        $500.00         $500,00
20   CURB STOP W/BOX, 1" MUELLER# 15150 OR EQUAL                               12     EACH        $220.00       $2,640.00
21   HYDRANT,STANDARD                                                           3     EACH      $1,300.00       $3,900.00
22   MACHINE GRADING MODIFIED                                                12.29    STA         $500.00       $6,145.00
23   MANHOLE CASTING E.J. # 1000 OR EQUAL                                      14     EACH        $400.00       $5,600.00
24   MANHOLE, STANDARD, 4' I.D., 0-10' DEEP                                     8     EACH      $1,500.00      $12,000.00
25   METER PIT, COMPLETE                                                        8     EACH        $750.00       $6,000.00
26   RECONSTRUCTING MANHOLES                                                    5     VFT         $350.00       $1,750.00
27   REDUCER 8" X 4" DCI MJ                                                     1     EACH        $250.00         $250.00
28   REDUCER 8" X 6" DCI MJ                                                    3      EACH        $275.00         $825.00
29   REMOVING CATCH BASIN                                                      12     EACH        $500.00       $6,000.00
30   REMOVING CONCRETE CURB AND GUTTER                                         30     L FT         $12.00         $360.00
31   REMOVING CONCRETE DRIVE APPROACH                                         667     SYD           $6.00       $4,002.00
32   REMOVING CONCRETE SIDEWALK                                              7640     S FT          $2.00      $15,280.00
33   REMOVING MANHOLE                                                          7      EACH        $500.00       $3,500.00
34   REMOVING PAVEMENT INCLUDING CURB AND GUTTER                             4725     SYD          $13.50      $63,787.50
35   REMOVING TREES 13-24" DIA                                                 2      EACH       $500.00        $1,000.00
36   REMOVING TREES 25-36" DIA                                                  1     EACH       $750,00          $750.00
37   REMOVING TREES 37" DIA OR LARGER                                          2      EACH      $1,000.00       $2,000.00
38   SAND REFILL                                                              500     CYD          $10.00       $5,000.00
39   SANITARY SEWER SERVICE 6" PVC SOR 35                                     858     L FT         $40.00      $34,320.00
40   SANITARY SEWER 12" PVC SOR 35                                           1073     L FT         $50.00      $53,650.00
41   SANITARY SEWER WYE 12" X 6" PVC SOR 35                                    26     EACH       $225.00        $5,850.00
42   SLEEVE 4" LONG DC! MJ                                                      1     EACH       $225.00          $225.00
43   SLEEVE 6" LONG DC! MJ                                                     3      EACH       $250.00          $750.00
44   SLEEVE 12" LONG DCI MJ                                                    2      EACH       $300.00          $600.00
45   STORM SEWER, 12" C-76 CL V                                               173     L FT         $28.00       $4,844.00
46   STORM SEWER, 12' DCI CL 52                                               273     L FT         $27.00       $7,371.00
47   STORM SEWER 18" PVC SOR 35                                               515     L FT         $35.00      $18,025.00
48   STORM SEWER 18" C76 CL V                                                  36     L FT         $40.00       $1,440.00
49   SUBGRADE UNDERCUTTING, TYPE 11, MODIFIED                                1100     CYD          $10.00      $11,000.00
50   TAPPING CROSS 12" X 8" WITH 8" VALVES W/BOXES                                    EACH      $6,000.00       $6,000.00
51   TEE 8" X 6" DCI MJ                                                       3       EACH       $400.00        $1,200.00
52   TERRACE GRADING                                                         1229     L FT          $8.00       $9,832.00
53   VALVE 6" GATE MJ/BOX                                                     3       EACH       $600.00        $1,800.00
54   VALVE 8" GATE MJ/BOX                                                     6       EACH        $700.00       $4,200.00
55   VALVE 12" GATE MJ W/BOX                                                   2      EACH        $800.00       $1,600.00
56   WATERMAIN 4" DCI MJ CL 52                                                10      L FT         $25.00         $250.00
57   WATERMAIN 6" DCI MJ Cl 52                                                68      L FT         $30.00       $2,040.00
58   WATERMAIN 8" DCI MJ CL 52                                               1245     L FT         $35.00      $43,575.00
59   WATERMAIN 12" OCI MJ CL 52                                               20      L FT         $40.00         $800.00
60   TRAFFIC CONTROL                                                           1      LUMP     $15,000.00      $15,000.00
61   WATER SERVICE, 1" TYPE "K" COPPER                                       807      L FT         $25.00      $20,175.00
62   WATER VALVE BOX, COMPLETE                                                3       EACH        $350.00       $1,050.00



                                                                                      SUB-TOTAL               $543,298.00
                                                                                      15% ENGINEERING          $81,494.70
                                                                                      TOTAL                   $624,792.70
Date: April 9, 2002
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       Transmittal of 2001 Comprehensive Annual Financial Report



SUMMARY OF REQUEST: The City's 2001 Comprehensive Annual Financial
Report (CAFR) has previously been distributed to City Commissioners. At this time
the CAFR is being formally transmitted to the Commission in accordance with state
law.

FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial
activities for 2001 and includes the independent auditor's unqualified opinion on the
City's financial statements.

BUDGET ACTION REQUIRED:                None

STAFF RECOMMENDATION:                 Acceptance of the 2001 CAFR.

COMMITTEE RECOMMENDATION:                     There is no committee recommendation
at this time.




9/18/97
City of Muskegon,
Michigan




For The Year Ended December 31, 2001




          MUSKEGON



          West Michigan's Shoreline City
                                BYLAWS
                                   OF
           THE GREATER MUSKEGON SERVICE LEAGUE FOUNDATION, INC.

                             ARTICLE I - NAME AND PURPOSE

          The name of this corporation is: The Greater Muskegon Service League Foundation, Inc.

       The purpose of this corporation, as set forth in the Articles of Incorporation, is to
administer funds and property for charitable purposes within the County of Muskegon in the State
of Michigan, and in furtherance thereof to engage in such civic activities and enterprises as will
provide funds and/or services for such purposes: Provided that none of the gain or profit of the
corporation shall accrue to the benefit of any member of the corporation.
                                                                 ,
        In pursuance of its purpose the corporation may: Acquire by grant, gift, purchase, devise,
or bequest such property, real and personal, as the purpose of the corporation shall require, and
may administer funds and convey, lease, and donate such property for the carrying on of the
objects of the corporation, and may loan monies and make such advancements in the furtherance
of the purpose of the corporation, but only at reasonable rates of interest, and to secure the
repayment thereof by taking or accepting adequate collateral and security and as the Executive
Board or Board of Directors deem proper, and may engage in such enterprises and ventures as are
deemed necessary for effectuation of the corporate purpose.

                               ARTICLE II - CONTRIBUTIONS

          The corporation may receive contributions of cash or other property, real and personal,
· from individuals and organizations sympathetic with its purposes and program, subject to any and
  all conditions that may be imposed by the donor if not consistent with the purposes of the
· organization.

                                 ARTICLE ill - MEMBERSHIP

       1.      Membership in this corporation shall consist of the present members in good
standing of the Service League, an unincorporated association, which consists of a Senior Group
and other numerically designated groups.

        2.      Additional numerically designated groups may be added to the membership from
time to time as the Board of Directors shall specify.

      3.     Each member shall pay annual dues to the corporation as a condition of
membership. Dues are payable on September 1st and delinquent on December 1st, at which time
any member who has not paid dues will automatically be charged a $5.00 late fee . If such
member does not pay dues and penalty by February 1st of the following year, the membership of


SERV,LEA.BY2                                     1
 that person will be forfeited. The amount of dues shall be recommended by the Board of
 Directors and approved by a majority vote of the membership.

        4.    Future members of the corporation shall be accepted by the Board ofDirectors,
 from names submitted by the Membership Committee or by a member of the corporation.

       5.         Membership in this corporation shall consist of active, inactive, honorary, and life
 members.

                  a.     Active Membership: Active membership shall consist of those
                         members in good standing in the corporation. They shall attend
                         meetings, pay established dues, and have the right to vote. They
                         shall work on such projects as the Board of Directors shall specify
                         in order to carry out the purpose of the corporation. Each group
                         will determine their own attendance policies.

                  b.     Inactive Membership: Inactive membership shall consist of those
                         members who, because of illness or physical disability, or like
                         circumstances, are unable to work actively on the corporation's
                         projects. They may attend meetings, will pay established dues and
                         have the right to vote. They may choose this leave of absence
                         option for a period of up to two years.

                 c.      Honorary l\!Iembership: Any member, after 25 years of service in
                         the aggregate in this corporation, may request honorary
                         membership. An honorary member may attend all meetings, will
                         pay established dues, will have the right to vote and shall have the
                         option of participating actively in a specific group.

                 d.      Life Membership: Those members maintaining life memberships as of
                         January 1, 1997 may continue that status for the duration of their lives. A
                         life member may attend and meetings and may vote on all issues.

        6.     All active members of the corporation shall be required to actively participate in all
fund raising events, if possible.

                                  ARTICLE IV - MANAGEMENT

          The Executive Board shall file such annual reports as may be required by law.

        No part of the property or net earnings of the corporation shall inure to the benefit ofa
contributor, member, officer, or any other individuals, except that reasonable compensation for
actual services rendered may be paid to non-members employed by the corporation for the


SERV•LEA.BY2                                       2
 purpose of enabling said corporation to effectuate its purpose. The Board of Directors shall not
 loan money to, or invest in, any enterprise in which any contributor, member, board member, or
 officer is engaged.

       The net income shall not be accumulated unless in the judgment of the Board of Directors
 accumulation is necessary in order to finance an anticipated or current project.

         No part of the assets of the corporation may be loaned to any contributor, member, board
 member, or officer, or to a member of that person's family, or to a corporation controlled by that
 person.

                                  ARTICLE V - DISSOLUTION

        Should the corporation cease to operate or should it become unable to serve usefully the
purpose of its organization, its affairs shall be wound up, and after payment or satisfaction of
claims and any lawful demands against it, its remaining property shall be disposed of as directed
by the last Board of Directors, in a manner not inconsistent with the purpose of the corporation.
Such remaining assets upon vote of the Board shall be turned over to a group, groups, person, or
persons they deem may best use such assets to effectuate and continue charitable purposes.

                                 ARTICLE VI - INVESTMENTS

         The corporation may invest and reinvest the funds of the corporation in either real and/or
  personal property, including securities of domestic corporations and investment trusts and bonds.
  Investments by the corporation shall be made to carry out its purpose. Such investments shall not
  be made in such manner as to entail the risk that the funds will be lost and thus not available for
· the purpose of the organization: Provided, nothing herein shall be construed to prevent the
  corporation from securing real and personal property to carry on enterprises to secure funds for
·the effectuation of the corporate purpose.

        The corporation shall have the power to acquire property returning income or no income
as they may deem appropriate and to retain such property so long as it appears advisable.

       The corporation shall have the power to improve any real estate comprised in the
corporation's properties, whether obtained by grant, lease, devise, gift, or purchase. All such
property shall be kept in the name of the corporation.

                         ARTICLE VII - MEETINGS OF MEMBERS

        The annual general meeting of members shall be held on the first Tuesday of October each
year at such place and time as the Board of Directors specifies.




SERV-LEA.BY2                                      3
       At least five days' notice of such meetings shall be given to each member, informing each
 member of the date, time, and place of holding such meeting.

         One-third of the membership present at any annual meeting or adjourned meeting thereof
 shall constitute a quorum.

          Special meetings may be called by the president or any group chairperson upon written
 application of eight members. The call shall state the time and place of meeting and the object
 thereof, and the secretary shall notify each member at least three days before such meeting.
 One-third of the membership shall constitute a quorum at such special meeting, and no business
 shall be transacted beyond that stated in the call except with the consent of all of the members
 present at such special meeting.

                             ARTICLE VIII - EXECUTIVE BOARD

        The Executive Board shall consist of the officers of the corporation and the immediate
past president of the corporation. All officers elected at the general election in October shall
become members of the Executive Board without further certification. The immediate past
president shall, by virtue of such position, become a member without further certification.

        Meetings of the Executive Board shall be held at such time and place as may be designated
by the president.

          A majority shall constitute a quorum at any meeting of the Executive Board.

         The Executive Board shall have the general management and control of the affairs of the
· corporation and shall exercise all the powers that may be exercised by the corporation under the
  law and Articles ofincorporation and these Bylaws. They shall consult with and obtain the advice
·of the Board of Directors on all matters. The act of a majority of the Executive Board present at
 a meeting at which a quorum is present shall constitute the act of the Board. The Executive
 Board may by !esolution designate an executive committee within the intent of Section 124 (3) (e)
 of the Michigan General Corporation Act, as amended.

      The Executive Board shall have power to employ accountants, attorneys, or other agents
and employees necessary in the conduct of the affairs of the corporation, and pay reasonable
compensation for the services thereof.

         The Executive Board, except as otherwise provided in these Bylaws, may authorize any
Officer or agent to enter into any contract or execute and deliver any instrument in the name of
and on behalf of the corporation, and such authority may be general or confined to a specific
instance; and unless so authorized by the Executive Board, no Officer, agent or employee shall
have any power or authority to bind the corporation by any contract or engagement, or to pledge
its credit, or render it liable pecuniarily for any purpose or to any amount.


SERV•LEA.BY2                                     4
        No member of the Executive Board shall receive compensation for services as a member
of the Board.

         Members of the Executive Board shall not be held responsible for any losses that may
occur unless it can be shown in a proper action in court that the losses were due to deliberate and
willful negligence.

                            ARTICLE IX - BOARD OF DIRECTORS

          There shall be a Board of Directors subordinate to the Executive Board.

        The Board of Directors shall consist of the elected officers and immediate past president
of the corporation, the chairpersons of each group, and the chairpersons of the standing
committees.                                                       ·

        The number of members of the Board of Directors may be increased or diminished by the
adding or deleting of groups. If a group is deleted, the chairperson of such dissolved group shall
no longer remain a member of said Board of Directors. The chairperson of each added group
shall become a member of said Board of Directors upon certification by the secretary.

          The method of selection of members of the said Board ofDirectors shall be as follows:

                 In May of each year preceding the general election to be held in
                 October, the groups shall meet and elect a new chairperson.
                 Immediately following the general election in October, the
                 chairpersons of the groups shall hold office as members of the
                 Board of Directors upon certification by the secretary that they are
                 the duly elected chairpersons of their respective groups.

       Each member of said Board of Directors shall hold office for a period of one year or until
a successor is duly elected or appointed.

        All members of the Board of Directors shall attend all regular board meetings. A majority
shall constitute a quorum. The Board of Directors shall advise the members of the corporation on
all matters of policy and operation. If a board member is unable to attend any meeting, such
member must select an alternate group member to attend such meeting. The alternate shall be
included in determining the presence of a quorum.

                                    ARTICLE X - OFFICERS

        The officers of this corporation shall consist of a president, immediate past president,
vice president, 2nd vice president, secretary and treasurer. All officers shall be chosen from
among the members of the corporation at an election to be held at the October general meeting,


SERV-LEA.BY2                                       5
 except that the outgoing president shall hold the office as immediate past president upon the
 election of the succeeding president.

         The president shall preside at all meetings of the Executive Board and the Board of
 Directors, and general meetings of the members of the corporation, and shall have general charge
 of and control over the affairs of the corporation, subject to the Executive Board and Board of
 Directors.

           I.    The president shall appoint an auditor whose duty it shall be to review the
                 books and records of the treasurer and assistant treasurer before the end of
                 the fiscal year, and to certify that such books and records are correct and in
                 good order.

           2.    The president shall appoint an historian whose duty it shall be to preserve
                 any records of the activities of the corporation and its members as may be
                 relevant to the history of the corporation.

         The immediate past president shall act as adviser to the president and the boards and shall
 act as chairperson of the Nominating Committee.

        The vice president shall perform such duties as may be assigned by the Board of Directors.
In case of the death, disability, or absence of the president, the vice president shall succeed to that
position and shall perform the duties of such office. The vice president shall be Membership
Chairperson.

          The 2nd vice-president shall preside over and fulfill all duties of the Financial Development
· Committee Chairperscn as provided in Article XI Number 5. The 2nd vice president shall appoint
  all necessary assistants as seen fit. The 2nd vice president shall also report monthly at all board
-meetings.

         The secretary shall keep a record of the minutes of the proceedings of the meetings of the
Executive Board and the Board ofDirectors, and of the general meetings of the members of the
corporation, and shall give notice as required in these Bylaws of all such meetings. The secretary
shall also certify the qualifications of members of the Board of Directors as provided in
Article VIII of these Bylaws.

        The treasurer shall receive and keep accounts of all monies of the corporation received
and disbursed, and shall pay out such monies only on order of the Board of Directors. The
treasurer shall deposit all monies and valuables in the name and to the credit of the corporation in
such banks and depositories as the Board of Directors shall designate. The treasurer shall file
such annual n;ports as may be required by law.




SERV-LEA.BY2                                       6
       The assistant treasurer shall assist the treasurer in any manner that the treasurer and/or the
 Board of Directors shall specify.

           All officers shall serve as such without compensation.

          Each of the officers shall serve for the term of one year and may serve for an additional
  year, and shall serve until a successor is duly elected and qualified.

                                    ARTICLE XI - CONTRACTS

         The Directors and Officers of the corporation may be interested directly or indirectly in
 any contract relating to or incidental to the operations conducted by the corporation, and may
 freely make contracts, enter transactions, or otherwise act for and on behalf of the corporation,
 notwithstanding that they may also be acting as individuals, or a~ Directors of trusts, or as agent
 for other persons or corporations, or may be interested in the same matters as stockholder,
 Directors or otherwise; provided however, that any contract, transaction, or act on behalf of the
 corporation in a matter in which the Directors or Officers are personally interested as
 stockholders, Directors, or otherwise, shall be at arm's length and not violative of the
 proscriptions in the certificate of incorporation against the corporation's use or application of its
 funds for private benefit.

          A contract or other transaction between a corporation and one or more of its Directors or
  Officers, or between a corporation and a domestic or foreign corporation, domestic or foreign
  business corporation, firm, or association of any type or kind, in which one or more of its
  Directors or Officers are Directors or Officers, or are otherwise interested, is not void or voidable
  solely because of such common directorship, officership, or interest, or solely because such
  Directors are present at the meeting of the Board or Committee thereof which authorizes or
  approves the contract or transaction, or solely because their votes are counted for such purpose if
. any of the following conditions is satisfied:

         l.     : The contract or other transaction is fair and reasonable to the corporation when it
 is authorized, approved, or ratified.

        2.       The material facts as to the Director's or Officer's relationship or interest and as to
 the contract or transaction are disclosed or known to the Board or Committee, and the Board or
 Committee authorizes, approves, or ratifies the contract or transaction by a vote sufficient for the
 purpose without counting the vote of any common or interested Director.

                               ARTICLE XII - INDEMNIFICATION

         The corporation shall indemnify and save harmless any and all of its Directors or Officers
 or former Directors or Officers or any person who may have served at its request as a Director or
 Officer of another corporation in which it owns shares of capital stock or of which it is a creditor


 SERV-LEA.BY2                                       7
  against expenses actually and necessarily incurred by them in connection with the defense of any
 action, suit or proceeding in which they, or any of them, are made parties, or a party, by reason of
  being or having been Directors or a Director or an officer of the corporation or of such other
 corporation. This indemnification shall extend to all reasonable expenses including reasonable
 attorney's fees, judgments, fines, and amounts paid in settlement which costs are actually and
 reasonably incurred by said Director or Officer so long as said Director or Officer acted in good
 faith and in a manner believed to be in or not opposed to the best interests of the corporation.
 Expenses incurred in defending any such action, suit or proceeding may be paid by the
 corporation in advance of the final disposition of said action, suit or proceeding upon receipt of an
 undertaking by or on behalf of the Director or Officer to repay such amount unless it shall be
 ultimately determined that said person is entitled to be indemnified by the corporation. The
 foregoing right of indemnification shall not be exclusive of any other rights to which a Director or
 Officer may be,,entitled.

                                 ARTICLE xm - COMMITTEES

          I.     Nominating Committee: The Nominating Committee shall consist of a
 chairperson, who shall be the immediate past president, and adequate assistants, whose function
 shall be to present candidates for the offices to be filled at the election held at the October general
 meeting.

       2.      ·Membership Committee: The Membership Committee shall consist of a
chairperson, who shall be the vice president, and adequate assistants, whose function shall be to
keep accurate records of the members of the corporati<;m and to provide suggestions for
prospective members.

        3.      Investigating Committee: The Investigating Committee shall consist ofa
 chairperson, appointed by the president, subject to approval by the Board ofDirectors, and
-adequate assistants, whose function shall be to investigate requests for contributions, and to make
 appropriate dis!ribution of funds recommended by the Board of Directors.

        4.     Social Committee: The Social Committee shall consist of a chairperson,
appointed by the president, subject to approval by the Board of Directors, and adequate
assistants, whose function shall be to make arrangements for the annual general meeting in
October, and for any other general meetings which the Board of Directors shall specify.

        5.     Ways and Means Committee: The Ways and Means Committee shall consist of
a chairperson, appointed by the president, subject to approval by the Board of Directors, and
adequate assistants, whose function shall be to designate such project or projects for the raising of
funds which shall be used to effectuate the corporate purpose.




SERV-LEA.BY2                                       8
        6.      Financial Development Committee: The Financial Development Committee
shall consist of the 2nd vice president as chairperson, and adequate assistants, whose function
shall be to designate and coordinate such project or projects for the raising of funds and
community volunteer organization which shall be used to effectuate the corporate purpose.

        7.     Special Committees: Special committees shall consist of a chairperson(s),
appointed by the president, subject to approval by the Board of Directors, and adequate
assistants. The function of these committees shall be to make arrangements for carrying out the
fund-raising projects designated by the Ways and Means Committee and such service projects as
shall be recommended by the Board of Directors, which projects shall be used to effectuate the
corporate purpose.

                     ARTICLE XIV - ARTICLE OF INCORPORATIO~

       1.     The corporation shall distribute its income for each taxable year at such time and in
such manner as not to become subject to the tax on undistributed income imposed by
Section 4942 of the Internal Revenue Code of 1954, or the corresponding provisions of any
subsequent Federal tax laws.

       2.      The corporation shall not engage in any act of self-dealing as defined in
Section 4941 ( d) of the Internal Revenue Code of 1954, or corresponding provisions of any
subsequent Federal tax laws.

       3.     The corporation shall not retain any excess business holdings as defined in
Section 4943 (c) of the Internal Revenue Code of 1954, or corresponding provisions of any
subsequent Federal tax laws.

        4.      The corporation shall not make any investments in such manner as to subject it to .
·tax under Section 4944 of the Internal Revenue Code of 1954, or corresponding provisions of any
 subsequent Fed;ral tax laws.

       5.     The corporation shall not make any taxable expenditures as defined in
Section 4945 (d) of the Internal Revenue Code of 1954, or corresponding provisions of any
subsequent Federal tax laws.

                             ARTICLE XV - MISCELLANEOUS

        All written contracts and conveyances made by the corporation, except as otherwise
provided herein, or by law, shall be executed by the president and secretary, except that ordinary
contracts made in the regular course of the corporation's business shall be effectual if executed in
the name of the corporation by such officer as may be designated by the Board of Directors from
time to time.



SERV-LE'.A.BY2                                    9
                             ARTICLE XVI - Al\'IENDMENTS

        These Bylaws may be amended at any annual or special meeting of the members by a
 two-thirds vote, a quorum being present.




SERV•LEA.BY2                                 10
                  GREATER MUSKEGON SERVICE LEAGUE
                         PRESIDENT'S REPORT •.
                           OCTOBER 2, 2001

I'm writing this in the midst of the worst crisis America has ever experienced. And
things will never be the same!

 When we witness the support of people and dollars amassed so quickly for disaster
relief, it may seem that our day-to-day efforts are small by comparison. I believe
that all volunteer organizations are important and fill a very specific need. Greater •
Muskegon Service League is just that kind of an organization.
Often times the impact we make is felt silently and goes unmentioned, with our
community completely unaware of our actions. Is it always necessary to get
recognition for our efforts? Is that what we are all about? I believe we all take
personal pride in what we have accomplished in our individual groups and as a
whole group collectively over the years! I suggest that with over 250 strong we
have much to be proud of as members of one of the largest women's volunteer
organizations in W estem Michigan. In 71 years we have given back to "people in
need" well over a million dollars and thousands of man-hours of volunteer work by
members dedicated to help their fellow man. It is becoming abundantly clear that
the strength of our nation is in the sincere desire to volunteer and help where and
when needed, brother to brother and sister to sister. This national tragedy has
renewed that spirit ofvolunteerism.

Congratulations Volunteers! Our accomplishments this year are many!
I pray I haven't overlooked any, as each effort however small is as important as the
largest. It takes many people to keep an organization moving forward and each
person is equally important to the success of all the projects.

 We have had a very ambitious schedule this year and owe our success to the
planning, commitment and dedication of the Financial Development Committee
and leadership of Michelle Pridnia and each event Chairperson/Co-Chairs. These
events include: Party in the Park- Luminary Sales-Annual Christmas
Tea-Poinsettia Sale-Spring General Meeting-Flower Sale- Golf Scramble -Jazz
Concert-Annual Meeting and 3-area Garage Sales.

Barb Grennan announced her retirement from the newsletter and handed over the
responsibility to the equally capable Sue Bergmans. Barb, answering the need,
promptly agreed to become the new Service League Historian! I encourage any
members having Service League memorabilia to please pass along to Barb.
We clarified and adopted a standard for "Chairperson Responsibilities" and
"Member Goals".                 ··             -           · ··· ·

We formed the Child Care Investigating Committee to further evaluate how
Service League can help in volunteering in one or more facilities and in what
capacity.

Several groups have adopted new projects this year in the form of a family for a
year; dollars for a lower elementary grade mini-economy and providing on-going       )
supplies for individual child care facilities

Our Greater Muskegon Women and Children's Fund for year 2000 dispersed
$4500 to two needy organizations to continue providing quality services for
women and children in our community.

A "Wine & Cheese" hosted by Teri Fansler resulted in a new group (Number One)
and we welcome all of our new members and say a sad farewell to those leaving.

Many thanks to our Service League Investigating Committee in evaluating requests
                                                                                     J
and making the difficult decisions for disbursement.

We are so very grateful for the kindness of Baker College and President Rick
Amidon for providing us with a "home base" and a room each month for our Board
Meetings.

A thousand thanks to my superb Board and all of you! You've made the last year
exciting and challenging and I truly appreciate your support.

To date, Service League members have generously contributed over $2000 to go to
the Red Cross Disaster Relief Fund. This is in addition to the many dollars we
annually pledge to help out those in need in our own community. We can all feel
proud to be a part of Greater Muskegon Service League!

Lastly, please pray for all those directly affected by the tragedy in New York and
Washington and pray for our country and its leaders. God bless.

Respectfully submitted,
Barbara Hermanson, President
GREATER MUSKEGON SERVICE LEAGUE FOUNDATION
Annual Treasurer's Report 2000-2001
October 1, 2001

September 15, 2001
 BALANCE      $28,902.25
 Comerica      24, 853.14
 UBS P. Webber 4,049.11


Dues Collected 2000-2001     $8,000

EARNINGS 2000-2001
 Gp.7 Donation (In lieu Of Card Party) 700.00
 Christmas Tea                         1699.64
 Luminaria Sales                       2590.00
 Plant Sale                             100.00
 Party in the Park                    12785.57
 Jazz Concert                           800.00
 Garage Sales                          1265.00
                     TOTAL          $19.940.21

GIFTS Given 9/22/01     $21,000.00

Harriet J. Oliver, Treasurer



PROPOSED BUDGE'l'   2001-2002

 Postage                   600.00
 Ads                       900.00
 Printing                 1000.00
 Gifts                     500.00
 Accountant               1000.00
 Insurance                 600.00
 Membership Open House     200.00
 Coffee Board Meetings     100.00
 Wm.& Children,s Supplies 250.00
 Historian                 250.00
 Miscellaneous             500.00
                        $6,000.00

Estimated Income From Dues      255 members
                                X35
                             $8,825.00
. I!
 MAK. I~. LU!J'L _. ·tf: 5?r-lVI
         CHARITABLE GAMING DJVl$1ON.
         101 E. HILLSDALE, BOX 30023
         LANSING, MICHIGAN 48009
                                              /                                                                                       IIV,    LVV I        ''   ,_
                                                                                                                                                                                  \\


 ~       (517) 336-6780
l011IRY www.state.ml.ua/milottery

           LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
                                                                    (Required by MCL.432.103(9))                                                      .                                '




         At a ______,..R..,.e..,.g_u__
                                    la..,r.,.,,..__,_ _ _ _ _ meeting of the Muskegon CitJ.y Commission
                                    REGULAR OR SPECIAL                                                        TOWNSHIP, CITY, OR VILLAGE COUNClUBOARO


         called to order by _ __..M..;a_.,y_o.;..r-'S;;;..t;;.;e.,.P_h;.;;;e-n_W_a_r~m;.;.;;ic;,;n.,g_t_on_____ on ____A.._pr_i_·l___.9.,.,,,,,...2_00.;;.;2_____
                                                                                                                                          OAlt


         at 5: 30       ~' pm            a.m./p,m. the following resolution was offered: ·
                      TIME


         Moved by             Vice-Mayor Karen Buie                           andsupportedby Commissioner Bill Larson

         that the request from Greater Muskegon Service League of _..;.M.;.;;;u;.:::s_ka,;:;ei;;;ig-on--:::=-----
                                                                NAM~oFoRGANIZATION                                                     CIIY

       · county of _ _ _......:..M:.;;;:u.:.::sk_e_.g_o_n_ _ _ _ _ _ _ _, asking that they be recognized as a
                                                     COONTYNMIE


         nonprofit organization operating in the community for. the purpose of obtaining a charitable


        gaming license, be considered for __A.li',PPi.ir~o~v~a~l"='=~---
                                                                            //JIPRovAl,itJISAPl'ROI




                                        APPROVAL                                                 DISAPPROVAL
                                 Yeas:                                                       Yeas:
                                 Nays:              0                                        Nays:
                                 Absent:            0                                       Absent:




        I hereby certify that the foregoing is a true and complete copy of a resolution -offered and
        adopted by the             Muskegon City Commission                                      ata --~R~eQg~ul~a~r:..-__,..~,.,.,...----
                                         ltlWNSHIP, CITY, OR VlUAGE COUNCII.JBOAAD                                        REGULAR OR SPECIAL


                                         9••.~2_,.0:..:.:0:..2~-;-
        meeting held on._~~p~r""'i~l........                     z-:-
                                                                    _- - - ·

        SIGNED:                         ~ cw_                a~_,, , ~ ~
                                                                Gail Kundinger, City Clerk
                                                                           PRINTEDNAMEANO TITll:


                                                               933 Terrace St,, Muskegon MI . 49441
                                                                                  ADDRESS
                                                                                                                                       COMl'U!110N: R6<1uiied.
                                                                                                                                       PENALTY: POUlble d1111ial at applicaUon.
                                    GREATER MUSKEGON
                                      SERVICE LEAGUE




March 22, 2002

Attn: Ms. Gail Kundinger
City Hall
933 Terrace
Muskegon,MI 49440

Dear Ms. Kundinger:

The Greater Muskegon Service League is a non-profit service organization committed to
raising funds each year and giving it back to our community in the form of grants. Last
year we gave back $21,000.00.

Our organization was established in 1930 with 14 charter members. We currently have
263 members. We believe that we have the obligation to support the community by
providing volunteer services and charitable gifts. We further believe that in doing so we
support each other through friendship and that we become more capable women and role
models.

We would like to apply for a Charitable Gaming License, but understand that we must first
be recognized as a non-profit organization in our community. I am submitting this letter
and the attached Local Governing Body Resolution For Charitable Gaming Licenses Form
for review at the City Board meeting scheduled for April 9, 2002.

We would like to hold a raffle at our Spring Luncheon to be held at the new GVSU Lake
Michigan Center, June 13, 2002. First place is a wheelbarrow filled with gardening items,
2nd place is a Butterfly Bush & 3rd place is a gift certificate to a local greenhouse. Each
ticket will be sold for $1.00.

Should any additional information be needed prior to the April 9 meeting, please contact
me at 780-1442. Could you please mail your response to my home located at 4010
Treeline Dr., Muskegon, MI 49441. Thank you in advance for your consideration.

Respectfully,

µtlll~~
Michelle A. Pridnia
2nd Vice President/Financial Development
Greater Muskegon Service League



                              1903 Marquette• Muskegon, Ml 49442
04-08 02 11:39   PRIDNIA                                      T:616 956 5948             p,01




         April 8, 2002

         To: Gail Kundinger, City Clerk
         Fax: 724-4178

         From: Michelle Pridnia, Greater Muskegon Service League
         Fax: 780-1442 (Same as telephone ownber)

         Dear Gail:

         Following please find a letter from the IRS stating our non-profit status. I
         believe this is the last of the info needeu in order tu lie reo.:ug11i.:i.u by uw·
         local government that we are a non-profit organization.

         If there is anyway that you could get us on the agenda for tomorrow evenings
         meeting, we would greatly appreciate it. We are already under the gun at this
         late date. We can not apply for the Charitable Gaming License (which could
         take up to 4 weeks) until we have the approval from your office regarding our
         non-profit status.

         Could you please contact me at my home 780-1442 for further discussion? I
         would r,:ally appreciate it.

         Thank you very much.

         Michelle A. Pridnia
         Financial Development
         Greater MU8kegon Service League
04-08 02 11:39       PRIDNIA                                                           T:515 955 5948                       P:02




                                                                              P. O.Boxi508
                                                                              Clngnn~ OH 4!1201

     Data: Ma~h i'2, 2002                                                     Pt,rson to Contact,
                                                                                 MiG& t-1,n,1•y i 1-Wll06
     Grealw Muskegon Service                                                     Customer S• Mce Specl1!1illt
      L*llgUe Foundetion                                                     Toll FNe Telephone Numbf:lt:
     1110a Merquettc                                                             .... ._.,, IO t::111 P."' !leT
                           •
    Mut1<.~g1Jn, Ml 494 :l: 1463                                               1171•820-S!IOQ
                                                                             FuNum~r:
                                                                               ij13-:lfl:l.371!6
                                                                             Fedttral tdet!tillcatlon N11111bw;
                                                                               3a-!IQ72774


    DHr Sir 01 Madam:

    Thlti !Bil.,, 11> ii, r.1,µono& t.o y.,u, 1equll>ct for .i copy ,-,f y,,ur nrn11nlTaHnn'R '1P.tarmlnfi..,i•iri"n .:.o or,o Ulclt II 111:,! & fJ11v,.;u,,
    fo1md11ton within the meaniriQ of $Klien 50ll{a) of I.he Code becluso !I ls an organization des.oribed in
    H<:tiQn IS0t(e)(2),

    This Classttltatlon wn based on the assumption that your organi!ation•s openit10n1 would conHn"'3 as stated
    in 1119 application. If yo1ir organization·, GOf.ll'(lea ohupport, or ill cil.-racter, method of openlbOns. or
    purpo,Me nav<> c:hangad, plea•e let 11s ~now &<> we can oon,kii,r Ille effect of the ch•nge on th• w,;~mpt
    $'1;1\US and rouridatlon status or your organization.

    YQ\lr 1:1r9arlizmn it 1'8quirGd to 111'1 Form l!90. Ret<.1m of Orgtntiauon exempt ff"Otll Income Ta!(, unly if tt•
    gross receipts e11ch year are normatty more than $25,000. If I return Is rt1qu1r1d, It musi be filed by the 15th
    oay or me tinh mgnU, ..1i.11· th., .,,,:1 ,of ti'le 0'9'Jnl,.Qtion'c ,mnU31 accounting P9~,;d, Th~ li,w lmpnMF. "
    pwn;lty of :120 a dilf, up to a maximum (lf $10,000, wl'l•n • mum is rn~,;; t;ite, unless there ts reasonable
    Cll\1111 for tlie d•l•y,

    All exempt org11nl:,ati0rn; (unless spacifi~IIY excluded) affl liable for tilXes undlJI' tne Federal 1nsur11nce
    Cantributiona Act (,oclal aewrtty taxi.$) on rGmunerat1011 of $100 or more peid to eilch employ$• during a
    '-lll•ndar year. Ycwr otganiieijon is not liable for the tax lmPOHd under the Federel Ut'l•mploymeMt T~ Acl
    (FVTA),

    Ol'ilanizllicna tl\11 ar~ not private foundations ere Ol>t 11.1bjte\ to the e)(()jsa twlos Ul'ICW Chapter 42 of Iha
    CO'!t, HQ\Nev•r, lhc organimtiont ar!I llOl ,MumatlC!llll/ extnlpt tro,,,, olh•r led,;rai exol~ t•x•.-..

    OOr'lQl's MllY deduc:t eonbibutlons to your organtzatlon es provided in 1ectio11 170 of the Coda. S.que~,
    legecfes, litvise&. lrlln~fens; flt gifts to your organiZl!iOI! or for Its U$1i .ire deduc11bte for f~er.l estate s~d
    gift tax purposea if tMy mett ttie applicable provisions ¢1 secilons 2055, 2100, and 2522 of the Code.
                                                                                     T:515 956 594B                       P:03
04-0B 02 11:40            PRIDNIA


    ,.,,   --   ....,._   .............




   Gtwt.r Mu$keqon Sffn for
   Moognilion of •xemptlon 011 Julv 15, 19$7. It Is also "'"' liMllttlt, Olntdor, TE/GE
                                                           Ou.otu,,,.., AI.WUllt =,t!VICH




                                                                                                                        TO'l"R. P.ill
          -r


Date:          April 9, 2002
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Consideration of Bids
               Sherin Street, Lakeshore Dr. to Miner


SUMMARY OF REQUEST:
The Sherin Street Contract (H-1522) be awarded to Wadel Stabilization Inc. out of Hart
since they were the lowest (see bid tabulation) responsible bidder with a bid price of
$100,081.22.

FINANCIAL IMPACT:
The construction cost of $100,081.22 plus associated engineering cost which is estimated at
an additional 15%.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to Wadel Stabilization inc.



COMMITTEE RECOMMENDATION:
                                                                         H-1522, W-626 SHERIN ST. MINER AVE. to LAKESHORE DR.
                                                                                        BID TABULATION APRIL 2, 2002
                                                                                                                                   WADEL                      DIVERSIFIED                       FELCO           JACKSON-MERKEY
                   --····   _.__     ~-                        ..
                                                                                                                            UNIT            TOTAL         UNIT            TOTAL          UNIT        TOTAL       UNIT      TOTAL
                                   DESCRIPTION                                    j QUANTITY                    UNIT       PRICE            PRICE         PRICE           PRICE         PRICE        PRICE      PRICE      PRICE

    1 ADJUST CATCH                                                                          1                    EACH       $250.00          $250.00      $450.00            $450.00    $400.00       $400.00   $300.00       $300.00
                        ------·-------BASIN CASTING
                                                                                                            i
                                                                                                        7
    2 ADJUST         MANHOLE CASTING                                                        4               I    EACH       $250.00         $1,000.00     $425.00          $1,700.00    $400.00     $1,600.00   $420.00     $1,680.00
         --------------                                                           '   -·           ...... 1




    3 AGGREGATE BASE COURSE_22A@6''.G.LP: _                                                1425             1
                                                                                                                SQ.YD.        $4.25         $6,056.25       $7.50         $10,687.50      $5.75     $8,193-75     $5.65     $8,051.25
                                                                                                            I
    4 BENDS D.C.I. 8" 11 1/4° M.J.                                                           1                   EACH       $225.00           $225.00     $200.00            $200.00    $110.00       $11M0     $280.00      $280.00
                                                                                  i
    5 BIT. LEVELING MIX 3C:_l§l_165#/S.Y,                                                  130                   TON         $47.08         $6,120-40      $55.00          $7,150.00     $48-00     $6,24M0      $47.10     $6,123.00
    6 BIT. TOP MIX 4C l§l 165#/S.Y.                                                        130                   TON         $53.39         $6,940.70      $58.00          $7,54M0       $56-00     $7,280.00    $53-40     $6,942.00
                                                                                              .. ····r···-···
    7 CAP D.C.I. 6" M.J.                                                                     2                   EACH       $500.00          $1,000.00  $125.00             $250.00     $100.00      $20M0      $120.00      $240.00
                                                                    ... --·····
    8 CATCH BASIN CASTING E.J.#7045 OR EQUAL                                      i          2                   EACH       $500.00          $1,000.00  $750.00            $1,500.00    $600.00     $1,200.00   $515.00     $1,030.00
    9 CATCH BASIN SPECIAL DETAIL ······-·--·.. --                                            1           EACH               $900.00           $900.00 $1,60D_O0            $1,600.00   $1,500.00 $1,500.00 $1,120.00        $1,120.00
                                                      ,-


    10  CEMENT                                                                               3           TON                $130.00            $390.00    $110.00            $330.00     $130.00   $390.00   $185.00         $555.00
                                                                                  '
    11  CONC. CURB & GUTTER STD. DETAIL I                                                  1116         LIN. FT.               $9.32        $10,401-12      $22.00        $24,552.00       $9.00 $10,044.00    $8.05        $8,983.80
    12  CONC. DRIVE APPROACH 6" PER DETAIL                                                 115          SQ.YD.                $31.00         $3,565.00      $20.00         $2,300.00      $30.00 $3,450.00    $29.00        $3,335.00
                                                                                  '
        CONC. SIDEWALK                                                                      71 ... .. SQ.FT.                   $3.50           $248.50      $10.00           $710.00       $3.00   $213.00     $3.20         $227.20
    13  --·---       -- .. ··- ......4"•----- ------                                                ,



    14   CORP. STOP 1" MUELLER #15000 OR EQUAL                                    i          8 ···r-··.. EACH               $400.00          $3,200.00    $175.00          $1,400.00     $170.00 $1,360.00   $250.00        $2,000.00
    15   CURB STOP I" W / BOX MUELLER #15150 OR EQUAL                                        6           EACH               $400.00          $2,400.00    $250.00          $1,500.00     $280.00 $1,680.00   $260.00        $1,560.00
    16   EXCAVATION                                                               '         576         CU.YD.                 $7.00         $4,032.00       $8.00         $4,608.00       $6.00 $3,456.00    $12.75        $7,344.00
i   17   HYDRANT STD.                                                             :          2              EACH           $1,550.00         $3,100.00   $1,750.00         $3,500.00   $1,600.00 $3,200.00 $1,475.00        $2,950.00
    18   MANHOLE CASTING E.J.#1000 OR EQUAL                                       !          3              EACH            $450.00          $1,350.00    $425.00          $1,275.00     $490.00 $1,470.00   $520.00        $1,560.00
    19 REDUCERS 8" TO 6" D.C.I. M.J.                                              1          1              EACH            $200.00            $200.00    $400.00            $400.00     $200.00    $200.00  $195.00         $195.00
    20 REMOVING CONC. SIDEWALK                                                    '        107             SQ.FT              $0.75             $80.25      $5.00            $535.00     $2.00       $214.00      $1.75      $187.25
    21 . REMOVING PAVEMENT             INCLUDING CONC.C.& G.                               133 i SQ.YD.                        $6.00          $798.00       $12.00         $1,596.00     $9.10      $1,210.30    $14.50     $1,928.50
                    ----··-·· - ... ··-·····                                               ··············;
    22 SLEEVES LONG 8" D.C.I. M.J.                                                           2 ......... EACH              $1,500.00         $3,000.00     $300.00           $600.00   $250.00       $500.00    $875.00     $1,750.00
    23 STORM SEWER 10" SDR 35                                                                8           ' LIN. FT.           $75.00          $600.00       $55.00           $440.00    $65.00       $520.00     $27.00      $216.00
    24 TEE D.C.I. 8" x 8" x 6" M.J.                                                          2              EACH             $350.00          $700.00      $300.00           $600.00   $190.00       $380.00    $280.00       $560.00
    25 TAPPING SLEEVE & VALVE 6"x 6" WI BOX                                                  1              EACH           $2,600.00         $2,600.00   $2,000.00         $2,000.00 $2,300.00      $2,300.00 $1,890.00     $1,890.00
    26 TAPPING SLEEVE & VALVE 24"x 8" WI BOX                                                 1              EACH           $3,800.00         $3,800.00   $3,000.00         $3,000.00 $2,900.00      $2,900.00 $3,075.00     $3,075.00
    27 TERRACE GRADING                                                                     691             LIN. FT.           $12.00         $8,292.00       $5.00         $3,455.00     $4.05      $2,798.55    $11.80     $8,153.80   -~


    28 TRENCH REPAIR LOCAL STREET TYPE Ill                                                  30             LIN. FT.           $75.00         $2,250.00      $65.00         $1,950.00   $110.00      $3,300.00    $73.00     $2,190.00
    29 TRENCH REPAIR MAJOR STREET                                                           30             LIN. FT.          $160.00         $4,800.00     $110.00         $3,300.00   $200.00      $6,000.00   $128.00     $3,840.00
                                   ......TYPE
                                          .............._IV
                                                 .,


    30 TRAFFIC CONTROL                                                                       1                   LUMP      $3,000.00         $3,000.00   $1,500.00         $1,500.00 $3,000.00      $3,000.00 $4,475.00     $4,475.00
    31 VALVE 6" GATE M.J. W/BOX                                                              2                   EACH        $700.00         $1,400.00    $500.00          $1,000.00    $690.00     $1,380.00   $585.00     $1,170.00
    32 WATERMAIN 6" D.C.I. CL. 52                                                           21                  LIN. FT.     $28.00           $588.00      $25.00           $525.00      $36.00    $756.00       $28.00       $588.00
    33 WATERMAIN 8" D.C.I. CL 52                                                            606                 LIN. FT.     $27.00         $16,362.00     $26.00         $15,756.00     $37.00 $22,422.00       $34.80    $21,088.80
    34 WATER SERVICE 1" TYPE "K" COPPER                                                     108                 LIN. FT.      $4.00            $432.00     $10.00          $1,080.00     $18.00 $1,944.00        $19.75     $2,133.00


                                                           SHERINTOTAL                                                                  $101,081.22                   $108,989.50                 $101,811.60             $107,721.60
                                                                                                                                       ·-                         ,_ .,
                                            H-1522, W-626 SHERIN ST. MINER AVE. to LAKESHORE DR.
                                                                          BID TABULATION APRIL 2, 2002
                                                                                   LINK            LODESTAR                                        LAKESIDE/PRINCE              THOMPSON BROS
                                                                                       UNIT   I        TOTAL     I     UNIT         TOTAL          UNIT        TOTAL           UNIT       TOTAL
                         DESCRIPTION                         j   QUANTITY: UNIT   I   PRICE            PRICE          PRICE         PRICE         PRICE        PRICE          PRICE       PRICE
      1 ADJUST CATCH BASIN CASTING___ ___                         1          EACH     $228.00             $228.00      $250.00        $250.00      $375.00        $375.00      $300.00        $300.00
      2 ADJUST MANHOLE CASTING                                    4          EACH     $228.00            $912.00       $250.00      $1,000.00      $425.00      $1,700.00      $200.00        $800.00
      3 AGGREGATE BASECOURSE221\(!i)_6''C,LP,           _   _; 1425         SQ.YD.       $9.60         $13,680.00        $5.00      $7,125.00        $7.00      $9,975.00        $4.00      $5,700.00
      4
["'"'"___
          BENDS D.C.I. 8" 11  1/4' M.J.                      I
                                                                  1          EACH     $238.00             $238.00      $250.00        $250.00      $250.00        $250.00      $135.00        $135.00
      5 BIT. LEVELING MIX 3C@ 165#/S,Y.                         130           TON       $52.75          $6,857.50       $48.00      $6,240.00       $50.00      $6,500.00       $60.00      $7,800.00
      6 BIT. TOPMIX4C@_1_6_5#/S 0Y,_____             ____    ! 130 : TON                $59.80          $7,774.00       $54.50      $7,085.00       $55.00      $7,150.00       $62.00      $8,060.00
      7 ICAP D.C.I. 6" M.J.                                       2          EACH       $78.00            $156.00      $200.00        $400.00      $175.00        $350.00      $120.00        $240.00
      8 CATCH BASIN CASTING E.J.#7045 OR EQUAL                    2          EACH     $425.00             $850.00      $350.00        $700.00      $500.00      $1,000.00      $564.00      $1,128.00
      9 CATCH BASIN SPECIAL DETAIL.
! 10 CEMENT
! 11 CONC. CURB & GUTTER STD. DETAIL I
     12 CONC. DRIVE APPROACH 6" PER DETAIL
                                                                  3
                                                                   1         EACH
                                                                              TON
                                                                1116 , LIN. FT.
                                                                 115 I SQ.YD.
                                                                                      $305.00
                                                                                      $114.00
                                                                                        $20.00
                                                                                         $2.25
                                                                                                          $305.00
                                                                                                          $342.00
                                                                                                       $22,320.00
                                                                                                          $258.75
                                                                                                                       $750.00
                                                                                                                       $130.00
                                                                                                                         $7.75
                                                                                                                        $27.75
                                                                                                                                      $750.00
                                                                                                                                      $390.00
                                                                                                                                    $8,649.00
                                                                                                                                    $3,191.25
                                                                                                                                                 $1,200.00
                                                                                                                                                   $150.00
                                                                                                                                                     $8.50
                                                                                                                                                    $28.00
                                                                                                                                                                $1,200.00
                                                                                                                                                                  $450.00
                                                                                                                                                                $9,486.00
                                                                                                                                                                $3,220.00
                                                                                                                                                                             $1,400.00
                                                                                                                                                                               $300.00
                                                                                                                                                                                $12.00
                                                                                                                                                                                $27.00
                                                                                                                                                                                            $1,400.00
                                                                                                                                                                                              $900.00
                                                                                                                                                                                           $13,392.00
                                                                                                                                                                                            $3,105.00
                                                                                                                                                                                                         -
I 13 CONC. SIDEWALK 4"                                           71 j SQ.FT.             $2.00            $142.00        $3.05        $216.55        $3.50        $248.50        $3.00        $213.00
 I 14 CORP. STOP_1:_MUEL_LER#15000 OR,_ECl_lJA_L _________ j__    8          EACH      $165.00          $1,320.00      $200.00      $1,600.00      $250.00      $2,000.00      $175.00      $1,400.00
      15 CURB STOP I" W / BOX MUELLER #15150 OR EQUAL             6 _________EACH      $120.00            $720.00      $225.00      $1,350.00      $300.00      $1,800.00      $300.00      $1,800.00
      16 EXCAVATION                                             576         CU.YD.      $12.40          $7,142.40       $25.00     $14,400.00       $14.00      $8,064.00       $12.65      $7,286.40
      17 HYDRANT STD.___ __________ _ ________                     2      ' EACH     $1,270.00          $2,540.00    $1,300.00      $2,600.00    $1,400.00      $2,800.00    $1,870.00      $3,740.00
      18 MANHOLE CASTING E.J.#1000 OR EQUAL                       3          EACH      $375.00          $1,125.00      $325.00        $975.00      $400.00      $1,200.00      $400.00      $1,200.00
 : 19 REDUCERS 8" !0_6" D.C.I. M.J.          .-:.             '    1      i  EACH      $155.00            $155.00      $375.00        $375.00      $225.00        $225.00      $200.00        $200.00
 ] 20 REMOVINGCONC,SIDEWALK                                   '  107 ' SQ.FT.            $0.75             $80.25        $1.00        $107.00        $2.00        $214.00        $1.00        $107.00
i    21· REMOVING PAVEMENT INCLUDIN_G CONC.C.& G.                133        SQ.YD.       $4.00            $532.00       $10.00      $1,330.00        $8.00      $1,064.00       $20.00      $2,660.00
 j 22 SLEEVES LONG 8" D.C.I. M.J.                                  2         EACH      $485.00            $970.00      $250.00        $500.00      $250.00        $500.00      $240.00        $480.00
                       •
 [ 23 STORM SEWER 1 :-SDR 35                                       8        LIN. FT.    $20.40            $163.20       $50.00        $400.00       $65.00        $520.00       $30.00        $240.00
      24 TEE D.C.I. 8" x 8" x 6" M.J.    ·-·                       2     I EACH        $235.00            $470.00      $275.00        $550.00      $300.00        $600,00      $300.00        $600.00
      25 TAPPING SLEEVE & VALVE 6"x 6" W / BOX            __       1     I EACH $1,190.00               $1,190.00    $1,500.00      $1,500.00    $2,500.00      $2,500.00    $2,000.00      $2,000.00
 I 26 !TAPPING SLEEVE & VALVE 24"x 8" W / BOX                      1    l_EACH I $2,863.00j             $2,863.00j   $3,000.00j     $3,000.001   $4,500.001     $4,500.00j   $3,500.001     $3,500.00
 [ 27 TERRACE GRADING                             --- -      1
                                                                691         LIN. FT.     $5.75          $3,973.25       $15.50     $10,710.50       $12.00      $8,292.00        $5.00      $3,455.00_
i-28      TRENCHRE~AIFILOCALSTREETTYPEIII ________           f-   30        LIN.FT.     $50.00          $1,500.00      $100.00      $3,000.00       $70.00      $2,100.00      $120.00      $3,600.00
 i 29 TRENCH REPAIR MAJOR STREET TYPE IV                    f     30        LIN. FT.    $60.00          $1,800.00      $200.00      $6,000.00      $110.00      $3,300.00      $132.00      $3,960.00
 [ 30 jTRAFFIC CONTROL                                             1     i LUMP I $2,840.001            $2,840.001   $3,000.001     $3,000.001   $3,500.001     $3,500.001   $2,000.001     $2,000.00
! 31 VALVE 6" GATE M.J. W/BOX                              -I      2     ! EACH        $550.00          $1,100.00      $500.00      $1,000.00      $650.00      $1,300.00      $900.00      $1,800.00
     32 WATERMAIN 6" D.C.I. CL. 52                            :   21    ·1 LIN. FT.     $25.00            $525.00       $30.00        $630.00       $30.00        $630.00       $26.00        $546.00
      33 WATERMAIN 8" D.C.I. CL. 52                         j 606 j LIN. FT.            $30.00         $18,180.00       $30.00     $18,180.00       $28.00     $16,968.00       $28.00~    $16,968.00
      34 IWATER SERVICE 1" TYPE "K" COPPER                    j 108 I LIN. FT. I        $10.00I         $1,080.00I      $25.00I     $2,700.00I      $18.00I     $1,944.001      $15.00I     $1,620.00


'------'-----------------SHERIN TOTAL                                                              $104,332.35                    $110,154.30                 $105,925.50                 $102,335.40
                                                                                                  12

                                                                                                                       2-7-
                        H-1522 & W-626 SHERIN ST. MINER to LAKESHORE DR.

                                      STREET & WATERMAIN IMPROVEMENTS
                                                 _--~-~_q;_l_~_~ER'S ESTIM_~_T_~__E_~_~WY:\!3'!_ -~~• . _?Og?_
                                         DESCRIPTION                                  QUANTITY                 UNIT         PRICE               PRICE
        ADJUST CATCH BASIN CASTING                                                                             EACH   . .. $_350.00                 $350.00
2       ADJUST MANHOLE CASTING                                                                          4      EACH           $350.00           $1,40Q.OO
3       AGGREG~TE BA~E COURSE 2'0__~_6'._'_(;_:!-_i:'_-__                                       1425 SQ.YD.                      $5,00           F,1250()
        BENDS D.C.I. 8" 11 1/4° M.J.
        ··-··,,
          .,,_,,,~,-                •- -~~--~--
                                                                                                        1      EACH           $200.00               $200.00
 5      BIT. LEVELlNG MIX 3C_@)_ 1_65#/S.Y.                                                       130           TON             $35.00       . ~4,550 00
 6      BIT. TOP MIX 4_~@ 165#/S.Y.                                                               130           TON           . $40.00        . $5,20000
 7      CAP D.C.I. 6" M.J.                                                                             2       EACH             $75.00              $150.00
 8      CATCH BASIN CASTING E.J.#7045 OR EQUAL
                        '"'•w••                       ••~•••
                                                                                                               EACH        __ $550.00$1,                100.00
 9      CATCH BASIN SPECIAL DETAIL.                                                                            EACH _ _ $1,300.00               $1,300.00
10      CEMENT                                                                                         3       TON            $175.00 ___ $525.00
11      CONG. CURB & GUTTER STD. DETAIL I                                                       1116 LIN. FT.                    $8.00 .        $8,928,00
12      CONG. DRIVE APPROACH 6" PER DETAIL                                                        115 SQ.YD.                    $25.00          $2,875.00
13     'CONG. SIDEWALK 4"                                                                           71 SQ.FT.                    $2.00          _Ji1_42.00
14      CORP. STOP 1" MUELLER #15000 OR EQUAL                                                          8       EACH           $200 00           -~_1_,_ 60_0_QO
15      CURB STOP I" WI BOX MUELLER #15150 OR EQUAL                                                    6       EACH           ~200.00           $1,200.00
        EXCAVATION                                                                                576 CU.YD.                    $15.00          $8,640,00
17      HYDRANT STD.                                                                                   2       EACH        ~1,300QO            J2,§00.Cl0_
18      MANHOLE CASTING E.J.#1000 OR EQUAL                                                             3       EACH           $400.00           $1,20Q,OO
19      REDUCERS 8" TO 6" D.C.I. M.J.                                                                   1 EACH                $260.00               $260.00_
20      REMOVING CONG. SIDEWALK                                                                   107 SQ.FT.                     $1.00              $107.00
21      REMOVING PAVEMENT INCLUDING CONC.C.& G.                                                   133 SQ.YD.                    ~1.2..00.     . $1,5960()()
22      SLEEVES LONG 8" D.C.I. M.J.                                                                    2       EACH           $280.00               $560.00
23      STORM SEWER 10" SDR 35                                                                         8 LIN. FT.               $30.00              $240,00
24              D.C.I. 8" X 8" X 6" M.J.                                                               2       EACH           $350.00               $700,00.
25      TAPPING SLEEVE & VALVE 6"x 6" W / BOX                                                           1 EACH          . E,80000               $1,80000 _
26      TAPPING SLEEVE & VALVE 24"x 8" W / BOX                                                          1 EACH             $4,0D_O,QQ           $4,000.00
27      TERRACE GRADING                                                                           691 LIN. FT.                  $10.00 .. ·-· $6,910,00
28     1TRENCH REPAIR LOCAL STREET TYPE Ill                                                         30 LIN. FT.                 $40 00          $1,200'°_()
29    !TRENCH REPAIR MAJOR STREET TYPE IV                                                           30 LIN. FT.               J80,00        .. $2,400.00
30    !TRAFFIC CONTROL                                                                                  1 LUMP           I1Q,_OOOOO         . $10,00000
31    iVALVE 6" GATE M.J. W/BOX                                                                        2       EACH       .. ~650.00            $1,300.00
32    iWATERMAI~ 13;; D.c.1: c·L 52                                                                 21 LIN. FT.                 $25.00              $525.00
33    iWATERMAIN 8" D.C.I. CL. 52                                                                 606
                                                                                       -------------·-
                                                                                                             LIN. FT.           I30,00        $18,180.00
34   -I0ATER'S'ERViC'E-·1·;;·TYPE';;K;; COPPER                                                    108 LIN. FT.                  $25.00          $~.70000

                                                                                       - - - ----,-J-...... .......   .,.........
                                                              SUBTOTA.~L, 1 ·········----·I···                                             $101,56300
                                                        15% ENGINEERING                                                                    . _$1_5,234.45
                                                                  TOTAL                                                                    $116,797.45
                                                                             _,           __

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                              Agenda Item No. _ _ __
               City Commission Meeting _ _ _ _ _ _ __


Date:           March 14, 2002
To:             Honorable Mayor and City Commission
From:            Department of Public Works
Re:             Traffic Department materials and services 2002



SUMMARY OF REQUEST:

Contract with the Muskegon County Road Commission for the joint purchase of various
Traffic Department materials and services. We have bid out these items with MCRC for the
past thirteen years. By bidding together with MCRC and other municipalities we are able to
get better unit prices because oflarger quantity purchases.

FINANCIAL IMPACT:

Sign materials and services to be jointly bid:

        Sign blanks ............................................... $2,000.00 approx.
        Sign posts ................................................ $3,000.00 approx.
        Sign sheeting ............................................. $5,100.00 approx.
        Centerline painting .................................... $11,000.00 approx.

                                 Total $21,100.00 (23,700.00 in 2001)

BUDGET ACTION REQUIRED:

None, this item is requested each year in the appropriate Highway budgets.



STAFF RECOMMENDATION:

Approve the continued joint purchasing with the Muskegon County Road Commission for
sign materials and services.
                                                                       City of Muskegon
                                                                       Traffic Department




Memo
  To:     Bob Kuhn
  From:   Staff
  Date:   03/ 19/02

 Re:      Sign Materials & Services: Annual Contract



 Again this year we are requesting permission to bid jointly for our sign materials and services with the
 Muskegon County Road Commission as we have done for the past twelve years. They are getting
 ready to go out for bids on these items and thus we do not have any actual quotes for 2002.

 For sign blanks: (the cost varies with the price of aluminum)

                       1997            1998            1999                2000              2001

 sign blanks   •    $1.48/sq. ft.    $1 .37/sq. ft.    $1 .29/sq. ft     $1.50/sq. ft.    $1.47/sq. ft.

 For sign posts: (this may be the only commodity that has gone down each of the last five years!)




2# x 11 ' posts •     $6.29/ea        $5.91/ea         $5.60/ea           $5.45/ea.        $5.76/ea.

3#x 12' posts •       $10.30/ea      $9.6 6 /ea        $9.22/ea           $8.92/ea.        $9.42/ea.

For sheeting: Our standard has always been 3M sheeting, they are the only bid usually received by
MCRC, they like us, use 3M sheeting exclusively. 3M also has supplied us with a sheeting roller at no
cost and to maintain the warranty on their sheeting they also supply us with inks at no cost. The cost
of sheeting has risen only very slightly over the last few years, this year most items will rise from
anywhere from 2% to 5%.

Centerline painting: Before 1997, we contracted with the MCRC for this work. In 1997 they sold their
equipment and we jointly bid with all oth er cities and townships in the County. In 1997 M&M Pavement
Marking, Inc. was awarded the bid and has since been extended the contract every year since at the
same unit prices. Our overall cost in 1999, 2000 and 2001 was higher because we painted over
significant amounts of faded permanent pavement marking.



  $7,024 (M&M)        $7,815 (M&M)      $ 10,041 (M&M) $1 0,082 (M&M) $1 0,060 (M&M)
Date:         April 9, 2002
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Harvey Street, Keating to S. End




SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Harvey Street,
Keating to S. End, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                  Resolution No. 2002-47 (a)


              Resolution At First Hearing Creating Special Assessment District
                 For Harvey Street from Keating Ave. to the South End

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


RECITALS:

1.   A hearing has been held on April 9, 2002 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by
     law.

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

3.   At the hearing held April 9, 2002, there were 26. 56% 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          i                               and     Warmington
       and the City Assessor who are hereby directed to prepare an assessment roll.
       Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 33.3% of the cost of the street improvement will be paid by special
       assessments.

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


This resolution adopted.

       Ayes Shepherd, Spataro. Warmington. Buie, Gawron, Larson, Schweifler


       Nays__,J..>.U.......__ _ _ _ _ __ _ _ __ _ __ _ _ _ _ _ _ _ _ _ __ __



                                                            CITY OF MUSKEGON




                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on April 9, 2002. 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
                       EXHIBIT A


           Hravey Street from Keating to South End


            SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Harvey from Keating to
South End.
         "'''
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31
                            US-31


                    -----
                          AFFIDAVIT OF MAILING


    STATE OF MICHIGAN    )
                         ·) ss
    COUNTY OF MUSKEGON)

     TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                 H-1545, HARVEY, KEATING TO SOUTH END



    THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
    EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
    THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
    LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
    MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
    STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
    OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
    TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
.   UNITED STATES MAIL RECEPTACLE
                              .    ON THE 29TH DAY OF MARCH 2002.

                                                  Q_

    SUBSCRIBED AND SWORN TO BEFORE ME THIS
     /6 f/2 DAY OF ltjlr:1/          , 2002.
    daz/4 -0            ~
    NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN

    MY COMMISSION EXPIRES        J-c2 J- 0   2_
                           ENGINEERING FEASIBILITY STUDY

                                               For

                Harvey Street from Keating to South End


The proposed new construction on Harvey from Keating to the South end, see attached
location map, was initiated by the City. The proposal was initiated by the City due to two
factors;

I . Most of Harvey is gravel
2. Need for public sanitary sewer line.

At the present time, more than 900' of Harvey, south of Keating, is gravel, therefore, in keeping
with the City's goal to eliminate all gravel roads and in conjunction with the need for a sewer
line made this road a leading candidate for roadway construction. I believe that the proposed
improvements which consists of paving the gravel section, resurfacing the exiting paved section
and constructing a new sanitary sewer line in that area will have a tremendous positive imapct on
the area. Such as the advantages are; no dust, less septic tanks in the City, less maintenance all
of which will lead to improvement to the immediate area as well as the City as a whole.

A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.

The preliminary cost estimate for the work associated with paving is approximately $100,000
with the length of the project being approximately 1750 lineal feet or 1469 of assessable front
footage. This translates into an estimated improvement cost of $68 per assessable foot. The
assessment figures will be at a cost not to exceed $36.35 per assessable foot for the gravel (new
construction rates) section & $10.75 for area to be resurfaced as established in the 2002 Special
Assessment for this type of improvement.
                   -1
II   MUSKEGON COUNTY
.M                       C         H               G       A     N
                                                                        173 E. APPLE AVE, BUILDING C, MUSKEGON, MICHIGAN 49442
                                                                                                                   (231) 724-6386
                                                                                                              FAX (231) 724-1129




•    BOARD OF COMMISSIONERS
                                                                                              EQUALIZATION DEPARTMENT




•    Kenneth J. Hulka, Chair
     Bill Gill, Vice Chair
     Paul Baade




•
     Douglas Bennett
     Nancy G. Frye
     James J. Kobza
     Louis McMurray
     Tony Moulatsiotis                                                      March 27, 2002



•I
     Clarence Start                            .       .
                      Mohammed Al-Shatel, City Engmeer
                      City of Muskegon
                      933 Terrace Street
                      Muskegon, MI 49443
                      Mr. Al-Shatel:

I                     In accordance with your request, I have examined the proposed special assessment district
                      entailing the paving of approximately 1,789 linear feet of Harvey Street from Keating
                      Avenue south to the east boundary line of 2431 Harvey Street. The no11herly 784 linear feet

I                     requires the existing paving to be milled and resurfaced, and the remaining 1,005 linear feet of
                      gravel road will receive new construction. The purpose of this analysis is to document the
                      reasonableness of this special assessment district by identifying and quantifying any accrued

I                     benefits. It is subject to the normal governmental restrictions of escheat, taxation, police
                      power and eminent domain. The effective date is March 27, 2002.
                      In conclusion, it is my opinion that the special assessment amounts justly and reasonably
I                     represents the accrued benefits to the properties encompassed by this project. The amounts
                      reflect the sum of the immediate estintated value enhancement and the intrinsic value that will

I                     accrue from an overall increase in property values due to an improved quality oflife created
                      by the proposed project. As previously presented, the proposed special assessment district
                      encompasses primarily industrial properties. The front foot rate of$18.00 for the milling and

I                     resurfacing of the 784 linear feet of paving appears reasonable in light of analysis that
                      indicates a possible enhancement of$19.81. Additionally, the front foot rate of$36.35 for the
                      remaining 1,005 linear feet of the new construction appears reasonable in light of analysis that

I                     indicates a possible enhancement of$39.32. The conclusions are based upon the data
                      presented within this limited analysis in restricted format, and on supporting information in my
                      files.
I
                      Sincerely,                       7
I                     ~er~·
                      krry £Groeneveld, CMAE 3
I                     Senior Appraiser


I
I                                        TDD {231) 722-4103 • An EEO I ADA I AA Employer
                                                          recycled paper
• ·r
   I




       MARCH 29th, 2002




       HARVEY TWO CO
       PO BOX 1208
       MUSKEGON, Ml           49443-1208                 1

       Parcel Number 24-133-200-0021-00: at 2051 S HARVEY ST

                        NOTICE OF HEARING ON SPECIAL ASSESSMENT

       Dear Property Owner:

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

                                       Harvey, Keating to S end.

       The proposed special assessment district will be located as follows:

                   All parcels abutting Harvey from Keating to S end of Harvey

       It is proposed that a portion of the above improvement will be paid by special
       assessment against properties in the aforementioned district. Following are conditions
       of the proposed special assessment which are important to you.

                                           Public Hearings

       An initial public hearing to consider the creation of a special assessment district will be
       held at the City of Muskegon City Commission Chambers on April 9th, 2002 at 5:30
       P.M. You are encouraged to appear at this hearing, either in person, by agent or in
       writing to express your opinion, approval, or objection concerning the proposed special
       assessment. We are enclosing a Hearing Response Card for you to indicate your
       agreement or opposition to the special assessment. This card includes the property
       identification and description, assessable footage per City policy, and the estimated cost
       of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
       your response card to the City Clerk. Written objections or appearances must be made
       at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
       OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
       THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
       ASSESSMENT.
                                                                                  ~   I




A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.

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

                                    Estimated Costs
The total estimated cost of the street portion of the project is $100,000.00 of which
approximately 33.3% ($33,327.75) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.

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

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

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

Sincerely,




Mohammed AI-Shatel, P.E.
City Engineer
-r

                                            SPECIAL ASSESSMENT
                                      HEARING RESPONSE CARD
                                            To have your vote count, please

                           Return This Card By April 9th, 2002

        Project Title:             Harvey, Keating to S end.
        Project Description: All parcels abutting Harvey from Keating to Send of Harvey




       INSTRUCTIONS
        If you wish to have your written vote included as part of the tabulation of votes forwarded to
        the City Commission for the scheduled public hearing, please return this card by the date
        indicated above. To use this response card please indicate whether you Oppose or Favor
        this special assessment project, sign the form and return it to the City Clerk's Office. To
        return this card by mail, simply fold on the dotted lines so the address on the reverse side is
        showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

        Assessment Information
        Property Address:                                  2051      S       HARVEY ST
        Parcel Number                                      24-133-200-0021-00
        Assessable Frontage:                               460.88        Feet
        Estimated Front Foot Cost:                         $10.75        per Foot
        ESTIMATED TOTAL COST                               $4,954.46

         Property Description
        CITY OF MUSKEOGN SEC 33 T10N R16W PART OF SE 1/4 OF NE 1/4 SEC 33 T10N R16W COM AT SECOR LOT 24 OF OAK
        GROVE SUB DIV TH N 1 DEG 28 MINE 37.39 FT FOR PT OF BEG TH N 1 DEG 28 MINE 849.86 FT THE 1035.53 FT TH S 1 DEG 14
        MIN 45 SEC W 851.53 FT TH N 89 DEG 54 MIN 30 SEC W 988.81 FT TH S 1 DEG 28 MIN W 78.81 FT TON LINE C & 0 R/W TH NWLY
        ALONG R/W 72.07 FT TO BEG EXC THAT PART DESC AS FOLL: PART OF SE 1/4 OF NE 1/4 LYING W OF STATE TRUNKLINE US-
        31 IN SEC 33 T10N R16W DESC AS: COMM ATE 1/4 COR SD SEC TH S 89D 27M 42S W ALG ENI 1/4 LINE 293.42 FT TH N 00D
                                                  Your vote COUNTS!



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

                                                                                   I AM OPPOSED

                                                                                                            •
                 _ _ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ _ __
     Owner
     Signature                                                  Signature
     Address                                                    Address
                                                                                                     HARVEY T\'/0 CO
             Thank you for taking the time to vote on this important issue.
                                                                -r
                                                                  '


                     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 Assessors
Office in City Hall.

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

PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the
Muskegon City Commission for the following project:

              Harvey Street, Keating to S. End

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

•   All parcels abutting Harvey Street from Keating to the South End

It is proposed that a percentage of the cost of the improvement will be paid through special
assessments. Preliminary plans and cost estimates are on file in the City Hall in the Engineering
Department and may be examined during regular business hours at the Engineering Department
between 8:00 A.M. and 5:00 P.M. on weekdays, except holidays.

THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS
ON April 9, 2002 AT 5:30 O'CLOCK P.M.

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

By City Charter, if the owners of more than one-half of the property to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affi1mative vote of all its members that the safety or health of
the public necessitates the improvement.

PUBLISH:          March 30, 2002                                          Gail Kundinger, City Clerk

                                                 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 or TDD (231) 724-6773
                       SPECIAL ASSESSMENT                                H-1545
NEW CONSTRUCTION                           HEARING DATE               April 9th, 2002

                                     Harvey, Keating to Send.
                                                                                                          /
24-133-200-0021-00   HARVEY TWO CO                          ASSESSABLE FEET:                460.88
                     PO BOX 1208                            COST PER FOOT:                  $10.75
@   2051 S HARVEY ST MUSKEGON     Ml            49443-120   ESTIMATED P.O. COST:   I     $4,954.46 1




24-133-200-0021-10   ELJON REALTY LLC                       ASSESSABLE FEET:                    67/
                     5203 S DIVISION AVE                    COST PER FOOT:                 $36.35
@   2121 S HARVEY ST GRAND RAPIDS Ml 48548                  ESTIMATED P.O. COST:   I     $2,435.45 1




24-133-200-0021-10   ELJON REALTY LLC                       ASSESSABLE FEET:                323, 12   C




                     5203 S DIVISION AVE                    COST PER FOOT:                  $10.75
@   2121 S HARVEY ST GRAND RAPIDS Ml 48548                  ESTIMATED P.O. COST:   I     $3,473.54 1




24-133-200-0022-00   PREMIER PARTNERS                       ASSESSABLE FEET:                   372,
                     2151 S HARVEY ST                       COST PER FOOT:                  $36.35
@   2151 S HARVEY ST MUSKEGON       Ml 49442                ESTIMATED P.O. COST:   I    $13,522.20 1




24-133-200-0024-00  CONSUMERS ENERGY            ASSESSABLE FEET:                                66/
                    4000 CLAY AVE SW PO BOX 201 COST PER FOOT:                             $36.35
@   2195S HARVEY ST GRAND RAPIDS Ml 49501-020 ESTIMATED P.O. COST:                 !     $2,399.101




24-133-400-0008-00        DOBB LARRY J/JANICE K TRUST ASSESSABLE FEET:                         180
                     3884 MONTEVIEW DR                      COST PER FOOT:                  $36.35
@   2431 S HARVEY ST MUSKEGON      Ml 49441                 ESTIMATED P.O. COST:   I     $6,543.oo 1




SUM OF ASSESSABLE FOOTAGE:            1469.00     SUM OF ESTIMATED P.O. COST:           $33,327.75        I
TOTAL NUMBER OF ASSESSABLE PARCELS     5




3/28/02                                                                                   Page 1 of 1
                                                                                                                                ---~
                                                                                                                                   I




                                         SPECIAL. ASSESSMENT
                                   HEARING RESPONSE CARD
                                         To have your vote count, please
                        Return This Card By April 9th, 2002

    Project Title:              Harvey, Keating to Send.
    Project Description: All parcels abutting Harvey from Keating to S end of Harvey




    INSTRUCTIONS
    !f you wish to have your wr;itten vote included as part of the tabulation of votes forwarded to
    the City Commission for the scheduled public hearing, please return this card by the date
    indicated above. To use this response card please indicate whether you Oppose or Favor
    this special assessment project, sign the form and return it to the City Clerk's Office. To
    return this card by mail, simply fold on the dotted lines so the address on the reverse side is
    showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

    Assessment Information
    Property Address:                                   2121       S      HARVEY ST
    Parcel Number                                       24-133-200-0021-10
    Assessable Frontage:                                323.12         Feet              RECEIVED
    Estimated Front Foot Cost:                          $10.75         per Foot              APR 0 5 2002
    ESTIMATED TOTAL COST                                $3,473.54
                                                                                        City Clerks Ott1ce
     Property Description
    CITY OF MUSKEOGN SEC 33 T10N R16W PART OF S!= ·I/•f'OF NE 1/4 LYING W OF STATE TRUNKLINE US-31 IN SEC 33 T10N
    R16W DESC AS: COMM ATE 1/4 COR SD SEC TH S 89D 27M 42S W ALG EIW 1/4 LINE 293.42 FTTH N 00D 36M 01S E ALGWLY
    ROW LINE HARVEY ST 438,32 FT TO POB TH S 89D 25M 5lS W ALG N_ LINE OF S 438 FT A DIST OF 475.29 FT TH Ill 00D 42M 34S
    WPAR WITH AND 5 FT E OF EXIST FENCE A DISTANCE OF 388.15 FTTHN 89D 12M 03S E PAR WITH AND 25 FT OF EXISTs·
    ASPHALT DRIVE A DIST OF 484.21FTTH SOOD 36M 91S WALG SD ROW HARVEY ST 390.17 FTTO POB (SPLIT 11/30/99 FOR
                                                   1
                                               Ymir vote COUNTS!              .


       I AM IN FAVOR          •
     Please vote either in favor or opposed to the Special Assessment Street Paving Pr ject.

                                                                                  I AM OPPOSED




Owner '
Signature '-~;:...,.,;.,J--I/J,....-¥~t;-.,---               Signature - - - - - - - - - - - - -
Address                                                      Address
                                                                                                  ELJOM REALTY LL(;         2
         Thank you for taking the time to vote on this important issue.
                                             SPECIAL ASSESSMENT
                                     HEARING RESPONSE CARD
                                            To have your vote count, please
                           Return This Card By April 9th, 2002

    Project Title:                Harvey, Keating to Send.
    Project Description: All parcels abutting Harvey from Keating to S end of Harvey



                                                                          .   '
   INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of vote\; forwarded to
   the City Commission for the scheduled public hearing, please return this card by the date
   indicated above. To use this response card please indicate whether you Oppose or Favor
   this special assessment project, sign the form and returrt"it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing.

   Assessment Information
   Property Address:                                     2121      S      HARVEY ST
   Parcel Number                                         24-133-200-0021-10
   Assessable Frontage:                                  67            Feet
   Estimated Front Foot Cost:                            $36.35        per Foot              RECEI\IED
   ESTIMATED TOTAL COST                                  $2,435.45                              APR05 2002
    Property Description                                                                   City Clerks Ort1ce
   CITY OF MUSKEOGN SEC 33 T10N R16W PART OF SE 1/4 OF NE 1/4 LYING W OF STATE TRUNKLINE US-31 IN SEC 33 T10N
   H16W DESC AS: COMM ATE 1/4 COR SD SEC TH S 890 27M 42S W ALG E/W 1/4 LINE 293.42.FTTH N 00D 36M 015 E ALG WLY
   ~~'YA' Ll!'>JE HARVEY ST 438.32 FTTO POB TH S 890 ?.SM 51$ WALG N LIN':! OFS 438 FT A DIST OF 475.29 FTTH N 000 42M 34S
   W PAR WITH AND 5 FT E OF EXIST FENCE A DISTANCE OF 386, 15 FT TH N 890 12M 03S E PAR WITH ANO 25 FT S OF EXIST
   ASPHALT DRIVE A DIST OF 484.21FTTH SOOD 36M01S WALG'so ROW HARVEY ST390.17FTTO POB (SPLIT 11/30/99 FOR
                                                    Your vote COUNTS!



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

                                                                                  1AM OPPOSED




             l    ,1        I    f: ,-U,,, ,,,,.S      CoOwner/Spouse
Owner        -         ,                                                      -------------
                 l..?1      I ,,.t2 / • ✓;,;1
Signature, (1/ jJ~vfFJ\'i:u!:.,(.,,, -~ -                     Signature
Address '···      ·                                           Address
                                                                                                                             6
        Thank you for taking the time to vote on this important issue.
                                                                     H-1545 HARVEY, KEATING TO SOUTH END (900' OF GRAVEL ROAD)

                                                                    PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE IABUL AIION


                                              EEEI                PERCENTAGE                                                                TOTAL NUMBER OF PARCELS. 5
                                                                                                                 FOR                                                                             OPPOSE
                                                                               LETTE .......... PP.:-itc"i~Di'   ..... Sifi'.   S'fN,

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