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CITY OF MUSKEGON CITY COMMISSION MEETING AUGUST 24, 2004 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: □ INTRODUCTIONS/PRESENTATION □ CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Michigan Municipal League Unemployment Group Account. CIVIL SERVICE □ PUBLIC HEARINGS: A. Request to Establish an Obsolete Property District - 715 Terrace Street. PLANNING & ECONOMIC DEVELOPMENT B. Request to Issue an Obsolete Property Certificate - MSBII - 715 Terrace Street. PLANNING & ECONOMIC DEVELOPMENT C. Review 2003-2004 Consolidated Annual Performance Evaluation Report (CAPER}. COMMUNITY AND NEIGHBORHOOD SERVICES D. Spreading of the Special Assessment Roll - Sidewalk Replacement Program for 2004. ENGINEERING □ COMMUNICATIONS: □ CITY MANAGER'S REPORT: □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. Request for Preliminary Planned Unit Development Approval at the Former Muskegon Mall Site, 100 Muskegon Mall. PLANNING & ECONOMIC DEVELOPMENT B. Disclosure of Potential Conflict of Interest Under HOME Investment Partnerships Program. COMMUNITY AND NEIGHBORHOOD SERVICES C. Selection of Contractor for the Building of Duplex at 407 Catherine "Operation - It Takes Two". COMMUNITY AND NEIGHBORHOOD SERVICES D. Resolution Supporting Wastewater Rate Relief to Sappi Fine Paper. CITY MANAGER □ ANY OTHER BUSINESS: □ PUBLIC PARTICIPATION: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.) □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Date: August 24, 2004 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, August 9, 2004; and the Regular Commission Meeting that was held on Tuesday, August 10, 2004. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING AUGUST 24, 2004 CITY COMMISSION CHAMBERS@ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, August 24, 2004. Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson from the Word of Truth Outreach after which the Commission and Public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioners Stephen Gawron, Clara Shepherd, Lawrence Spataro, Chris Carter, and Kevin Davis, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger. 2004-75 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, August 9, 2004; and the Regular Commission Meeting that was held on Tuesday, August 10, 2004. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. 8. Michigan Municipal League Unemployment Group Account. CIVIL SERVICE SUMMARY OF REQUEST: Since its inception in 1978, the City of Muskegon has been a member of the Unemployment Compensation Group Account of the Michigan Municipal League. Participation in this group has provided cost savings in providing state-required unemployment compensation coverage for City employees, particularly in the areas of claims administration assistance and financial fund management. MML updated its membership and requests that all municipalities sign off on the updated agreement, which incorporates three changes: 1. All group members are required to submit a copy of their quarterly wage report with the quarterly contribution report. 2. Changes in the amount of annual taxable payroll from a specified amount for each member to the aggregate for each member. 3. All members are required to pay 100% of a negative account balance rather than 2/3 of the negative balance, which resulted in insufficient funding. FINANCIAL IMPACT: None as the City's account balance currently is positive ($56,000). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve this request. Motion by Commissioner Gawron, second by Commissioner Shepherd to approve the Consent Agenda. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays: None MOTION PASSES 2004-76 PUBLIC HEARINGS: A. Request to Establish an Obsolete Property District - 715 Terrace Street. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, MSBII, LLC, 99 Monroe Avenue, NW, Ste 1100, Grand Rapids, Michigan, has requested the establishment of an Obsolete Property District. The district would be located at 715 Terrace Street, Muskegon, Ml, the former National City Bank project. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes on the building would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff has concerns with approval of this request and recommends denial. The Public Hearing opened at 5:36 p.m. to hear and consider any comments from the public. Comments were heard in support of the request from Mr. Dick Durell, 99 Monroe NW, Grand Rapids and from Mr. Tom DeBoer, 300 Ottawa, Grand Rapids. Motion by Commissioner Spataro, second by Commissioner Gawron to close the Public Hearing at 6:13 p.m. and approve the request to establish an Obsolete Property District at 715 Terrace Street. ROLL CALL: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None MOTION PASSES B. Request to Issue an Obsolete Property Certificate - MSBII - 715 Terrace Street. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, MSBII, LLC, 715 Terrace Street, Muskegon, Ml, has requested the issuance of an Obsolete Property Certificate for the property located at 715 Terrace Street (former National City Bank project), Muskegon, Ml. The building is presently an incomplete structure that would be completed for use as an office building. Total capital investment for this project is $4,500,000. The project will result in bringing 140 jobs to the City of Muskegon. Because of these new jobs and the amount of the investment, the applicant could be eligible for a 12 year certificate. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes on the building would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff has concerns with approval of this request and therefore, recommends denial. The Public Hearing opened at 6: 14 p.m. to hear and consider any comments from the public. No comments were heard from the public. Motion by Commissioner Spataro, second by Vice Mayor Larson to close the Public Hearing at 6:16 p.m. and approve the request for an Obsolete Property Certificate at 715 Terrace Street contingent on negotiating an acceptable development agreement approved by staff. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd Nays: None MOTION PASSES C. Review 2003-2004 Consolidated Annual Performance Evaluation Report (CAPER). COMMUNITY AND NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To conduct a public hearing on August 24, 2004, to review accomplishments and receive comments from the public concerning the 2003 - 2004 CAPER developed by the Community and Neighborhood Services Department. After the public hearing has been conducted and all the comments have been documented, the CNS office requests that the Commission direct the CNS staff to submit the required documents to HUD in compliance with 24 CFR 91.520, by no later than August 31, 2004. FINANCIAL IMPACT: The City is required to submit the CAPER report in order to continue receiving CDBG and HOME funding. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To direct staff to gather comments from the public and to submit the CAPER to HUD after the public comment period has elapsed. The Public Hearing opened at 6:20 p.m. to hear and consider any comments from the public. No public comments were heard. Motion by Commissioner Shepherd, second by Commissioner Carter to close the Public Hearing at 6:27 p.m. and accept the Consolidated Annual Performance Report. ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro Nays: None MOTION PASSES D. Spreading of the Special Assessment Roll - Sidewalk Replacement Program for 2004. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment roll for the 2004 Sidewalk Replacement Program and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $133,000.55 will be assessed against two hundred & seven (207) parcels. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing opened at 6:27 p.m. to hear and consider any comments from the public. Comments in opposition were heard from Ted Hall, 1386 Dudley; Gordon Kalavitz, 15646 Lake Ave., Grand Haven; and Robert Buckner, 1060 Albert. Motion by Vice Mayor Larson, second by Commissioner Gawron to close the Public Hearing at 6:50 p.m., spread the special assessment roll for the 2004 Sidewalk Replacement Program, and adopt the resolution. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Warmington Nays: None Absent: Commissioner Spataro (stepped out of the room) MOTION PASSES 2004-77 NEW BUSINESS: A. Request for Preliminary Planned Unit Development Approval at the Former Muskegon Mall Site, 100 Muskegon Mall. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The request for preliminary Planned Unit Development (PUD) approval at the former mall site is for a mixed use residential and commercial development. The request is by Chris McGuigan, Downtown Muskegon Development Corporation. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff recommends preliminary approval of the PUD provided that the conditions listed in the resolution are met. COMMITTEE RECOMMENDATION: The Planning Commission recommended preliminary approval of the PUD, with the conditions listed on the resolution, at their August 12, 2004, meeting. The vote was unanimous with B. Smith absent. Motion by Commissioner Shepherd, second by Commissioner Spataro to approve the preliminary Planned Unit Development for the former Muskegon Mall site. ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter Nays: None MOTION PASSES B. Disclosure of Potential Conflict of Interest Under HOME Investment Partnerships Program. COMMUNITY AND NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: Under HOME Investment Partnership program regulations, potential conflicts of interest must be disclosed to the public prior to requesting a waiver from HUD. Anthony McCloud of 1656 6th Street, Apartment 1, has made an offer to purchase the City-owned home at 1668 Beidler from the City's First Time Homebuyers Infill Program. Mr. McCloud has certified that he is a first time homebuyer who has not owned a home in the last three years. But, because Mr. McCloud is a member of the Citizen's District Council, the City is required to request an opinion from the City Attorney before submitting to U.S. Department of Housing and Urban Development a waiver request. The City Attorney has determined that no conflict of interest is present in this case; however, this must be disclosed to the public before any further action can be taken. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the City's Community and Neighborhood Services Department to submit the waiver of conflict of interest to the U.S. Department of Housing and Urban Development. Motion by Vice Mayor Larson, second by Commissioner Spataro to approve submitting the waiver of conflict of interest to the U. S. Department of Housing and Urban Development. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis Nays: None MOTION PASSES C. Selection of Contractor for the Building of Duplex at 407 Catherine "Operation - It Takes Two". COMMUNITY AND NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the selection of Nobles Inc., for the construction of a duplex at 407 Catherine on the corner of Wood/Catherine. Project title - Operation: Nyumba Mbili "It Takes Two". The CNS office received three qualified bids for the project: 1. Nobles Inc. $172,885 210 E. Broadway Muskegon, Ml 2. Bantam Group, Inc. $199,636 962 Stonewood Dr. Spring Lake, Ml 3. Top Notch Design $215,100 4740 Jenson Fruitport, Ml The duplex will be built at the site of the former Briggs Dairy, which was recently demolished because of its blighting status and potential nuisance. Operation: Nyumba Mbili is another example of the City of Muskegon's continued efforts to rid our community of blight by revitalizing and renovating our neighborhoods. FINANCIAL IMPACT: Funds will be allocated from City HOME budget 2001 and 2002. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the low bid submitted by Nobles Inc., of $172,885 for the construction of a duplex at 407 Catherine. COMMITTEE RECOMMENDATION: The Land Reutilization Committee approved the project. Motion by Commissioner Shepherd, second by Commissioner Davis to award the bid to Nobles Inc. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays: None MOTION PASSES D. Resolution Supporting Wastewater Rate Relief to Sappi Fine Paper. CITY MANAGER SUMMARY OF REQUEST: To approve a resolution in support of providing wastewater rate relief to Sappi Fine Paper. FINANCIAL IMPACT: The rate relief for Sappi will cause an increase in rates to the City of approximately 11 .5% in 2006. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution. Motion by Vice Mayor Larson, second by Commissioner Shepherd to adopt the resolution in support of providing wastewater rate relief to Sappi Fine Paper. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None MOTION PASSES 2004-78 ANY OTHER BUSINESS: Commission was reminded of up-coming events. 2004-79 CLOSED SESSION: To discuss collective bargaining. Motion by Commissioner Spataro, second by Commissioner Gawron to go into Closed Session at 7:31 p.m. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd Nays: None MOTION PASSES Motion by Vice Mayor Larson, second by Commissioner Spataro to come out of Closed Session at 7:44 p.m. ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro Nays: None MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 7:45 p.m. Respectfully submitted, ~Q.L~ Gail A. Kundinger, MMC City Clerk NEIGHBORHOOD BLOCK CAPTAIN'S CLUB We are asking if you would consider being a sponsor for a "Back to School Bash" for the Neighborhood Block Captain's Club. The event is being held at the Clara Shepherd Park, August 28, 2004, from 11 :00am to 5:00pm. The event is planned to promote a positive image to the children returning back to school this fall. We would appreciate any donations that you can make for the event. Our program for the event is serving food, enjoying music, participating in games, distributing school supplies and having speakers that will talk about safety, · responsibilities, and how success at school will bring them success after they graduate. Please respond to Commissioner Clara Shepherd at 725-8130 or Katrina Gordon, NBBC President at 725-0731. Sincerely, Commissioner Clara Shepherd Katrina Gordon, President CITY OF MUSKEGON CITY COMMISSION MEETING AUGUST 24, 2004 CITY COMMISSION CHAMBERS@ 5:30 P.M. Request to Speak CITIZEN'S CONCERN FORM This request must be returned to the City Clerk first before concern(s) can be brought in front of the Commission. Please state name and address at the microphone for the record. Phone - - - - - - - Address ;:::, ,c c D c = 7 Signature - - - - - - - - - - -~ ---------- Description of Concern _ _ _ _ ____,,""'C" - :::,'--'1-_r>_'--_-_&'_/_'-_'-_' ,,., c-'/-..,,__.,.,_,,_-.::_,_·~-·~_""_-_ ✓,-'-7 _ __ Staff person who you have already contacted _ ___,cA_L_-_S_ ✓_. ✓ /)_._~_c._~_c-=---~----- Request amount of Time 3 minutes - - - 10 minutes - - (for representing a group) Request for special equipment (specify) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ***Please make sure that all cell phones are turned off during meeting. CITY COMMISSION MEETING August 24, 2004 TO: Honorable Mayor and City Commissioners FROM: Karen A. Scholle, Civil Service Personnel Director DATE: August10,2004 RE: Michigan Municipal League Unemployment Group Account SUMMARY OF REQUEST: Since its inception in 1978, the City of Muskegon has been a member of the Unemployment Compensation Group Account of the Michigan Municipal League. Participation in this group has provided cost savings in providing state- required unemployment compensation coverage for City employees, particularly in the areas of claims administration assistance and financial fund management. MML updated its membership and requests that all municipalities sign off on the updated agreement, which incorporates three changes: 1. All group members are required to submit a copy of their quarterly wage report with the quarterly contribution report. 2. Changes in the amount of annual taxable payroll from a specified amount for each member to the aggregate for each member. 3. All members are required to pay 100% of a negative account balance rather than 2/3 of the negative balance, which resulted in insufficient funding. FINANCIAL IMPACT: None as the City's account balance currently is positive ($56,000). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve this request. TO: City Commissioners cc: Assistant City Manger Lee Slaughter FROM: Karen Scholle, Civil Service Personnel Director DATE: August 11, 2004 SUBJECT: Michigan Municipal League Unemployment Group Account Due to an oversight on my part, I filed away the information on the changes to the unemployment group account contract. MML called recently to check on the status of the contract and requested that the approval to the amended agreement be processed. The information is attached, with a summary of the changes. Providing that this meets with your approval, I will return the contract to MML upon its return. T~~}nk you, pil /J(} // ;Jn ✓-~~ 1 \ ~k__;, Ka en A. Scholle ~ MICHIGAN ~ul,m$~~~ MUNICIPAL Memorandum To: Board of Trustees From: Becky Briscoe Date: 07/31/03 Subject: Revised Unemployment Membership Agreement_ Attached is the revised membership agreement between the Michigan Municipal League Unemployment Group Account and the group account members. The language in the agreement has been updated and also incorporates three important changes. 1. Commencing January 1, 2004, the Group Account will require all members to submit a copy of their quarterly wage report (UC 1017) with their quarterly contribution report. Currently information is not available for staff to audit the members taxable payrolls. The quarterly wage report will provide staff with the information needed to confirm that the taxable payrolls reported on the contribution form is accurate. 2. Previous agreements specified the amount of the annual taxable payroll to be used by each member. Since the amount can change, the agreement was updated to the following language. "The annual taxable payroll shall be the aggregate, set by the Board of Trustees." 3. Effective to January 1, 2004, members will be required to pay 100% of any negative balance upon notification of the Group Account. Historically the Group Account has required that a member pay 2/3 of any negative balance. Paying 2/3 of the negative balance proved to be insufficient to adequately fund the member accounts. I respectfully request the approval of the revised agreement. Based on your approval, all changes will be implemented for all activity commencing January 1, 2003. 1.ctA Michigan Municipal League 1675 Green Road, PO Box 1487, Ann Arbor, MI 48 106-1487 734-662-3246 • Fax 734-662-8083 • www. mml.org MEMBERSHIP AGREEMENT Michigan Municipal League Unemployment Compensation Group Account (November, 2003) 2004-75(b) This agreement is made between the undersigned governmental entity and other governmental entities of the State of Michigan that are members of the Michigan Municipal League's Unemployment Compensation Group Account. This Agreement supercedes all previous agreements between the parties. 1. In the interpretation of this agreement the following definitions apply: (A) "League" means the Michigan Municipal League, a Michigan nonprofit corporation, as representative of the Group Account. (B) "Executive Director" means the Executive Director of the Michigan Municipal League. (C) ''Group Account" is the group, composed of governmental entities as defined by MCL 421.50a, approved by the Michigan Employment Security Commission on January 1, 1978, of which the League is the authorized representative. (D) "MESA" means the Michigan Employment Security Act, Act 1 of 1936 (Ex Sess) State of Michigan as amended (MCL Sec. 421.1 et seq; MSA Sec. 17.501 et seq). (E) "BW&UC" means the Michigan Bureau of Workers' & Unemployment Compensation. (F) "Board" means the Board of Trustees of the Michigan Municipal League. 2. The purpose of this agreement is to pay the cost of unemployment benefits on behalf of members of the Group Account. No applicant shall become a member of the Group Account until its application has been approved by the BW&UC. 3. Members of the Group Account will: (A) Comply with all rules, regulations and guidelines formulated by the Board with respect to the Group Account. The League or its service agency is permitted to evaluate operational areas of the Unemployment Compensation Group Account program in each member of the Group Account. (B) Provide the League, upon written request, with an authenticated statement of the member's total gross and taxable payroll and I contributions into the Group Account. The League shal! have the right, on reasonable notice and at reasonable times, to inspect all payroll books and records of each member to verify such information. (C) Cooperate with the League and its service agency in the processing of any claim filed with the BW&UC. Each member will submit, along with the contribution report, a copy of its quarterly wage report (UC 1017). (D) Pay an initial contribution of an amount equal to 2% of the annual total taxable payroll for the previous calendar year of the Group Account, or such amount currently required by the rules pertaining to the Group Account, at the time of acceptance into the Group Account. This amount is payable within thirty (30) days after the end of each calendar quarter; quarterly payment statements shall be supplied by the League. The annual taxable payroll for each member shall be the aggregate taxable wage base for each employee of that member covered by the MESA, adjusted as necessary, in accordance with an annual audit or other periodic review, by the Board.. Any member with a negative reserve at the end of the Group Account's fiscal quarter ending June 30th of any year must pay the negative balance in full, upon notification from the Group Account. (E) Be a member of the Group Account for a minimum of two calendar years. Memberships in the Group Account commence on the first day of the calendar quarter following approval by the . Board, and the st membership automatically renews on December 31 of each year. (F) Designate and appoint the League, or its service agency, as its agent to represent such member of the Group Account in all activities related to the MESA, and authorize it to use its discretion before the BW&UC, courts, or other agencies of the State of Michigan on claims regarding unemployment compensation. This power shall not be revocable until the member's membership is duly terminated and all claims which arose during its membership have been fully adjudicated. 4. As agent of the Group Account, the League will: (A) Provide an unemployment compensation group reimbursement and service program for League members and associates who are accepted into the Group Account. The Group Account is operated as a service of the League under authority of the Board, pursuant to such rules as the Board may adopt, in conformity with all statutes and other requirements of the State of Michigan as may now or hereafter be applicable. (B) Submit the application of each prospective member to the BW&UC for membership in the Group Account. 2 (C) Serve as the authorized representative of the <;3roup Account for purposes of complying with the MESA, or designate a service agency to act as authorized representative. As appointed attorney-in-fact, the League, or its designated service agency, shall represent each member of the Group Account in all activities relating to the MESA and may at its own discretion represent each member on any unemployment compensation claim against it before the BW&UC, courts, and/or other agencies. D) Develop, implement, and operate an unemployment compensation claims management service program for the Group Account in accordance with the provisions of the MESA and rules of the BW&UC, and in accordance with such Group Account rules as the Board may from time to time adopt. The claims management service will include such activities as are necessarily involved in the processing of unemployment claims against the individual members. (E) Report periodically to all members of the Group Account on the status of the Group Account and the balances of individual members' accounts and other expenses incurred in the operation of the Group Account. (F) Receive and administer the contributions of the Group Account for the purpose of funding a suitable and sufficient reserve to reimburse the BW&UC for all legal obligations arising out of claims filed by employees of members of the Group Account, and funding any and all expenses incurred in the establishment and operation of the Group Account. Contributions paid by members shall be credited to the account of the member. All sums paid in, and interest earned on advance deposits, may be applied to any lawful purpose of the Group Account, including maintenance of delinquent members' accounts pending termination as authorized herein. 5. A Technical Advisory Committee will be appointed by the Board, to advise the Board on matters affecting the operation of the Group Account, if the Board elects to appoint one. 6. The League may provide, at its discretion, education and training for officials of Group Account members in the general provisions of unemployment compensation and the procedures necessary for effective unemployment compensation cost control at workshops and otherwise. · 7. Termination (A) After two (2) calendar years' of membership, any member may terminate by giving notice to the BW&UC and to the League, at least thirty 3 (30) days prior to the first day of the calendar year w_hen the member's termination is to be effective. (B) Any member of the Group Account may be terminated by the League, subject to the approval of the BW&UC. If any member is in arrears on contributions or on reimbursements to the Group Account for more than thirty (30) days after billing, the Executive Director is authorized to report the member to the BW&UC for termination at the end of the calendar year, in accordance with the MESA. Such termination shall not affect any member's obligations to reimburse the Group Account for all charges attributable for credit weeks of eligible persons in its employ. The member shall pay amounts owed the Group Account on or after termination, and any additional amounts which the Group Account may be required by the BW&UC to pay on the account of any member. The member shall also be liable to the League and/or the BW&UC for all such sums and any other payments made on its behalf. (C) On termination of any member of the Group Account, whether the membership was terminated voluntarily by the member or involuntarily pursuant to this agreement, the member shall pay the Group Account the full amount of the negative balance, if any, as established after verification of charges incurred prior to the termination date. Any member terminated from the Group Account shall remain obligated to reimburse the Group Account for any charges for claims and benefits paid by the BW&UC to individuals who have terminated employment with the member due to credit weeks charged in .accordance with state law while the terminated member was a member of the Group Account. (D) Any member who fails to abide by the terms of this agreement and the rules and regulations applicable to the Group Account, or who fails to maintain its membership in the Michigan Municipal League, shall be notified of its responsibility under this agreement and the action required to remedy its default. Failure to correct the default within thirty (30) days shall be grounds for termination of the member's membership in the Group Account as above provided. (E) In the event of the termination of any member, the account of the member shall be maintained for an additional fifty-two (52) week period. If, during this fifty-two (52) week period the member's reserve balance reaches zero, the member will then become responsible for immediate payment to the Group Account for all payments due by the Group Account to the BW&UC. If at the end of the fifty-two (52) week period the member's account balance is positive, the balance will be refunded to the member, less a termination charge of ten (10) percent of the balance (but not less than $200 nor more than $1,000). (F) The Group Account will be responsible for only those claims and benefits initiated by individuals who have terminated employment with the member on or after the first day of membership in the Group Account, and 4 ,· ' who have credit weeks charged in accordance with t~e MESA to time periods of employment on or after the first day of the membership. BW&UC charges in excess of the member's contributions will be reimbursable to the Group Account by the member. All claims continuing in effect against the Group Account, and all claims which subsequently become the liability of the Group Account through application of either state or federal law shall be reimbursable to the Group Account by the member. All claims filed by persons who earned credit weeks prior to the employer becoming a member of the Group Account, and who have terminated from the member prior to the acceptance of the member's application for membership, will be the obligation of the member. 8. The Group Account will compensate the League for its services in the establishment and operation of the Group Account as approved by the Board . 9. In the event the Group Account is dissolved, the League will remit to each member all monies remaining in the Group Account unless required to deposit these monies or part thereof with the BW&UC. This remittance will be based upon each member's account balance, less any and all claims charged against each participating member, less all pro rata administrative and other expenses. · I certify that the entity named below has received and accepted the revised membership agreement of the Michigan Municipal League Municipal Unemployment Compensation Group Account, and will comply with its terms and conditions. CityNillage/Entity __c_i_t-"y'--o_f_M_u_s_k_e-=-g_o_n_ _ _ __ Approved by the Michigan Municip I League by ..S::,r ..A_.., 8 , 20 a C/ I 5 Commission Meeting Date: August 24, 2004 Date: August17,2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Public Hearing - Request to Establish an Obsolete Property District- 715 Terrace Street SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, MSBII, LLC, 99 Monroe Avenue, NW, Ste 1100, Grand Rapids, Michigan, has requested the establishment of an Obsolete Property District. The district would be located at 715 Terrace Street, Muskegon, Ml, the former National City Bank project. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes on the building would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff has concerns with approval of this request (see attached memo) and recommends denial. COMMITTEE RECOMMENDATION: 8/17/04 Memorandum To: Honorable Mayor and City Commissioners CC: Bryon Mazade, City Manager From: Lonna Anguilm, Assistant Planner, # Date: 08/17/04 Re: Obsolete Property Rehabilitation District and Certificate Request for MSBII MSBII, LLC has submitted a request to establish an Obsolete Property Rehabilitation District and request for an Obsolete Property Rehabilitation Certificate in the amount of $4,500,000. The request is for 715 Terrace Street, which is the former building started by Westwood for National City Bank. The requests pose a dilemma for staff due to several factors. Please consider carefully the following information: 1. Technically the request meets the definition for an "obsolete prope1ty" in that it is a "blighted property" . It meets this criteria because it "Has been declared a public nuisance in accordance with a local housing, building, plumbing, fire or other related code or ordinance". In other words, it has been placed on the dangerous building list. 2. The request meets our own City guidelines for Obsolete Property Rehabilitation Districts, section 3.1 #2. "Completion of the rehabilitated facility ... will at the time of issuance of the certificate have reasonable likelihood to increase commercial activity, create employment, retain employment, prevent a loss of employment, revitalize urban areas, ... " It would also have an "impact on property values in the general area of the project" (3 .1 #11). However, regardless of the above: 1. The definition in the legislation of "Rehabilitated Facility" is " a commercial property ... that has undergone rehabilitation or is in the process of being rehabilitated". There wasn't a completed building on the site to be rehabilitated. 2. Other property owners in the downtown area have not been given the same opportunity in the past. 3. Prospectively, it may encourage developers to start construction (or-remodeling), delay completion, and then seek an Obsolete Property Rehabilitation Exemption Certificate. 1 August 17, 2004 The decision on this issue is strictly up to the City Commission, and there is no appeal process to the State available for the applicant. Considering the circumstances, staff has concerns regarding the granting of both the requests and recommends denial. If Commission feels it isn't in the best interest of the City to grant an Obsolete Property Rehabilitation Exemption Certificate, it makes sense to simply deny the request to establish the Obsolete Property Rehabilitation District, since it is the only property involved in the request. 2 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. 2004-76 (a) A resolution establishing an Obsolete Property Rehabilitation District. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City of Muskegon has been designated as a qualified local government unit for the purpose of establishing Obsolete Property Rehabilitation Districts and approving Applications for Obsolete Property Rehabilitation Exemption Certificates. B. The area located in the land described in this resolution is known to the City Commission and is clearly characterized by the presence of obsolete commercial property, and the land and improvements are obsolete commercial property. C. Notice has been given by certified mail to the owners of all real property within the proposed Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to all owners and any other resident or taxpayer of the City to appear and be heard. Said notice was· given at least ten (10) days before the hearing. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. That the property described in this resolution and proposed as an Obsolete Property Rehabilitation District is characterized by obsolete commercial property. 2. That the obsolete commercial property, the subject of this resolution, is described on the Attachment A to this resolution. 3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District on the lands and parcels set forth in the attached description. This resolution passed. Ayes Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson Nays None CITY OF MUSKEGON I . By ~0- ~ Gail A. Kundinger, MMC 0 Clerk 2004-76(a) CERTIFICATE This resolution was adopted at ameeting of the City Commission, held on August 24, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By L O. ~ Gail A. Kundinger, MMC Clerk ATTACHMENT A LEGAL DESCRIPTION The property located in the City of Muskegon, Muskegon County, Michigan described as: Parcel A: That part of Lots 1, 2, and 3 of Block 558, being part of vacated Water Street, and part of Block 567 of the Revised Plat of I 903 of the City of Muskegon as recorded in Liber 3 of Plats, page 71, Muskegon County, Michigan described as follows: Commencing at the South most comer of Block 556; thence North 61 °13 '00" West (deed-N62°44'00"W) along the Northeasterly line of Terrace Street, as extended, a distance of 730.00 feet to the point of beginning; thence North 61 ° 13 '00" West along said Northeasterly line of Terrace Street, a distance of 5 I 8.69 feet; thence Northwesterly along an arc of a curve to the left, a distance of 2.49 feet, (said curve data being: delta=00°28' 15", r=302.48', 1.c.b.=61 °27'09" W, a distance of 2.49 feet to a point being located on the Southerly right-of-way of Shoreline Drive); thence Northeasterly along the Southerly line of Shoreline Drive, along a curve to the right, an arc distance of 300.51 feet, (said curve data being: delta=24°19'04", r=708.05', 1.c.b.=N82°07'41" E, l.c.=298.62') to a point of tangency; thence South 85°42'47" East along the Southerly right-of-way of Shoreline Drive, a distance of 147.28 feet; thence.South 42°00'00''. East, a distance of 37.54 feet; thence South 04°17'13" West along the Northerly right-of-way of Terrace Street connector, a distance of 91.77 feet; thence Southeasterly along the Northerly right-of-way of Terra.ce Street connector, along a curve to the left, an arc distance of 132.23 feet, (said curve data being: delta=l 6°28' 11 ", r=650.02', l.c.b.=S03°56'55" E, l.c.=131.78'); thence South 23°17'55" West, a distance of 32.56 feet to the point of beginning. Said parcel contains 1.63 acres more or less. Parcel B (vacated portion of Terrace): Also together with the following vacated portion of Terrace Street lying adjacent to part of Blocks 558 and 557 of the Revised Plat of 1903 of the City of Muskegon, as described in Liber 3 of Plats Page 71, Muskegon County, Michigan, and part of vacated Water Street described as follows: Commence at the South most corner of Block 556 for the point of beginning; thence North 61 ° 13 '00" West (deed=N62°44 '00" W), along the Northeasterly line of Terrace Street, as extended, a distance of 730.00 feet to the point of beginning; thence South 69°51 '52" West along the Northerly line of Morris Street connector, a distance of 19.43 feet; thence Southwesterly along a curve to the left, being the Northerly right-of-way of Morris Street connector, an arc distance of 60.98 feet (said curve data being: delta=l2°57'22", r=269.66', l.c.b.=S63°23'1 I" W, 1.c.=60.85'); thence North 61°12'04" West, a distance of 384.34 feet; thence North 28°47'56" East, a distance of 64.63 feet; thence South 61°13'00" seconds East along the Northeasterly line of Terrace Street as extended, a distance of 431.64 feet to the point of beginning. Said parcel contains 0.60 acres more or less. Parcel C (vacated portion of Terrace Street): Also together with the following vacated portion of Terrace Street lying adjacent to part of Blocks 558 and 557 of the Revised Plat of 1903 of the City of Muskegon, as described in Liber 3 of Plats, Page 71, Muskegon County, Michigan, and part of vacated Water Street described as follows: Commence at the South most comer of Block 556 for the point of beginning; thence North 61 °13 '00" West (deed=N62°44'00" W), along the Northeasterly line .of Terrace Street, as extended, a distance of I I 61.64 feet to the point of beginning; thence South 28°47'56" East, a distance of 64.63 feet; thence North 00°08'13" East, a distance of 73.64 feet; thence South 61 °13'00" West, a distance of 35.22 feet to the point of beginning. Said parcel contains 0.03 acres more or less. Commission Meeting Date: August 24, 2004 Date: August 17, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Public Hearing - Request to Issue an Obsolete Property Certificate - MSBII - 715 Terrace Street SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, MSBII, LLC, 715 Terrace Street, Muskegon, Ml, has requested the issuance of an Obsolete Property Certificate for the property located at 715 Terrace Street (former National City Bank project), Muskegon, Ml. The building is presently an incomplete structure that would be completed for use as an office building. Total capital investment for this project is $4,500,000. The project will result in bringing 140 jobs to the City of Muskegon. Because of these new jobs and the amount of the investment, the applicant could be eligible for a 'frftwelve) year certificate. rc:r) FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes on the building would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff has concerns with approval of this request (see previous memo), and therefore, recommends denial. COMMITTEE RECOMMENDATION: None 8/17/03 1 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTIONNO. 2004-76(b) A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by MSBII, L.L.C. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption Certificate from MSBII, L.L.C., to apply to the improvements located in an Obsolete Property Rehabilitation District established by previous resolution. B. The City of Muskegon is a qualified local govermnental unit as determined by STC Bulletin No. 9 of 2000, dated July 12, 2000. C. An Obsolete Property Rehabilitation District in which the application property is located was established after hearing on August 24, 2004, being the same date that the district was established. D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does not exceed five percent (5%) of the total taxable value of the City of Muskegon. E. In the event it is determined that the said taxable values do exceed five percent (5%), the City Commission determines further that the said excedence will not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of any affected taxing units. F. This resolution of approval is considered by the City Commission on August 24, 2004, after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date. G. The applicant, MSBII, L.L.C., is not delinquent any taxes related to the facility. H. The exemption to be granted by this resolution is for ten (10) years. I. . The City Commission finds that the property for which the Obsolete Property Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is functionally obsolete. The City has received from the applicant all the items required by Section 9 of the application form, being the general description of the obsolete facility, a general description of the proposed use, a description of the general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete the rehabilitation, and statement of the economic advantages expected from the exemption. J. Commencement of the rehabilitation has not occurred before the establishment of the district. K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated within the meaning ofPA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation District established by the City under PA 146 of 2000. L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the Certificate, have the reasonable likelihood to increase commercial activity and create employment; it will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten percent (10%) of the true cash value of the property at the commencement of the rehabilitation. M. The City Commission determines that the applicant shall have twelve (12) months to complete the rehabilitation. It shall be completed by August 24, 2005, or one year after the Certificate is issued, whichever occurs later. N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of Muskegon, representatives of the affected taxing units and the general public. NOW, THEREFORE, THE CITY COMMISSION RESOLVES : 1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City Commission hereby approves the application filed by MSBII, L.L.C., for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of ten (10) years; 2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in Attachment A, the legal description containing the facilities to be improved; 3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply with the representations and conditions set forth _in the recitals above and in the application material submitted to the City. This resolution passed. Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd Nays: None By _Y,,~ ~~::L...__J_j~ ~~~~ Gail A. Kundginger, City Clerk 2 2004- 76(b) CERTIFICATE This resolution was adopted at a meeting of the City Commission held on August 24, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 19_76. CITY OF MUSKEGON By -1.~ ~~LQ:l..,_._,U~~~~K.A-' Gail A. Kundinger, MMC Clerk 3 ATTACHMENT A LEGAL DESCRIPTION The property located in the City of Muskegon, Muskegon County, Michigan described as: Parcel A: That part of Lots I, 2, and 3 of Block 558, being part of vacated Water Street, and part of Block 567 of the Revised Plat of1903 of the City of Muskegon as recorded in Liber 3 of Plats, page 71, Muskegon County, Michigan described as follows: Commencing at the South most comer of Block 556; thence North 61 °13 '00" West (deed-N62°44'00"W) along the Northeasterly line of Terrace Street, as extended, a distance of 730.00 feet to the point of beginning; thence North 61°13'00" West along said Northeasterly line of Terrace Street, a distance of 518.69 feet; thence Northwesterly along an arc of a curve to the left, a distance of 2.49 feet, (said curve data being: delta=00°28' I 5", r=302.48', l.c.b.=61 °27'09" W, a distance of 2.49 feet to a point being located on the Southerly right-of-way of Shoreline Drive); thence Northeasterly along the Southerly line of Shoreline Drive, along a curve to the right, an arc distance of 300.51 feet, (said curve data being: delta=24°l 9'04", r=708.05', l.c.b.=N82°07'4 J" E, l.c.=298.62') to a point of tangency; thence South 85°42'47" East along the Southerly right-of-way of Shoreline Drive, a distance of 147.28 feet; thence .South 42°00'00" East, a distance of 37.54 feet; thence South 04°17' 13" West along the Northerly right-of-way of Terrace Street connector, a distance of 91.77 feet; thence Southeasterly along the Northerly right-of-way of Terrace Street connector, along a curve to the left, an arc distance of 132.23 feet, (said curve data being: delta=l6°28'1 l", r=650.02', l.c.b.=S03°56'55" E, l.c.=131.78'); thence South 23°17'55" West, a distance of 32.56 feet to the point of beginning. Said parcel contains 1.63 acres more or less. Parcel B (vacated portion of Terrace): Also together with the following vacated portion of Terrace Street lying adjacent to part of Blocks 558 and 557 of the Revised Piat of 1903 of the City of Muskegon, as described in Liber 3 of Plats Page 71, Muskegon County, Michigan, and part of vacated Water Street described as follows: Commence at the South most comer of Block 556 for the point of beginning; thence North 61 °13'00" West (deed=N62°44'00" W), along the Northeasterly line of Terrace Street, as extended, a distance of 730.00 feet to the point of beginning; thence South 69°5 I '52" West along the Northerly line of Morris Street connector, a distance of 19.43 feet; thence Southwesterly along a curve to the left, being the Northerly right-of-way of Morris Street connector, an arc distance of 60.98 feet (said curve data being: delta=l2°57'22", r=269.66', l.c.b.=S63°23'1 I" W, l.c.=60.85'); thence North 61°12'04" West, a distance of 384.34 feet; thence North 28°47'56" East, a distance of 64.63 feet; thence South 61 ° 13 '00" seconds East along the Northeasterly line of Terrace Street as extended, a distance of 431.64 feet to the point of beginning. Said parcel contains 0.60 acres more or less. Parcel C (vacated portion of Terrace Street): Also together with the following vacated portion of Terrace Street lying adjacent to part of Blocks 558 and 557 of the Revised Plat of 1903 of the City of Muskegon, as described in Liber 3 of Plats, Page 71, Muskegon County, Michigan, and part of vacated Water Street described as follows: Commence at the South most comer of Block 556 for the point of beginning; thence North 61 °13 '00" West (deed=N62°44'00" W), along the Northeasterly line of Terrace Street, as extended, a distance of 1161.64 feet to the point of beginning; thence South 28°47'56" East, a distance of 64.63 feet; thence North 00°08'13" East, a distance of 73.64 feet; thence South 61 °13'00" West, a distance of 35.22 feet to the point of beginning. Said parcel contains 0.03 acres more or less. Michigan Department of Treasury 3674 (5-03) Application for Obsolete Property Rehabilitation Exemption Certificate This form is issued as provided by P.A. 146 of 2000. Filing of lhis form is voluntary. This application should be filed after the district is established. This project will not receive tax benefils until approved by the State Tax Commission. Applications received after October 31 may not be acted upon in the current year. This application is subjecl to audit by the State Tax Commission. INSTRUCTIONS: File the original and one copy of this form and the required attachments with the clerk of the local government unit. (The Slate Tax Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see State Tax Commission Bulletin 9 of 2000 for more information aboul the Obsolete Property Rehabihtation Exemption. The following must be provided to the local governmenl unit as attachments to this application: (a) General description of !he obsolete facility; (b)General description of the proposed use of the rehabilitated facility, (c} Description of the general nature and extent of the rehabilitation to be undertaken, (d) A descriplive list of the fixed building equipment that will be a part of the rehabilitated facility, (e) A lime schedule for undertaking and completing the rehabilitation of the facility, (f) A s!atement of the economic advantages expected from the exempllon. Applicant {Company) Name (applicant must be the OWNER of the facility) "01'TT T,r• Company Mailing address (No. and street, P.O. Box, City, State, Zip code) aa cu-=,__ 11"" r<-a-.l TI--..;,1c, MT ,.n,ns "'·' Location of obsolete facility (No. and street, P.O. Box, City, State, Zip Code) 715 Terrace Muske on 0 MI City, Township, Village ,.. .: . - -· _, - !County .,.. ... _, c,1•- - - - Date of Commencement of Rehabililalion Planned date of Completion of Rehabilitatfon School District where facilily is located {include school code) 10/15/04 (estimated) 10/15/05 Muskell'.on Estimated Casi of Rehabilitation Number of years exemption requested Expected project likelihood (check all thal apply): <:4 500 000 12 Ix] Increase Commercial activity Legal description of Obsolete Property Ix] Create employment See attached Ix] Retain employment lxJ Prevent a loss of employment Ii] Revitalize urban are·as D Increase number of residents in the community in which the facility is situated . Indicate the number-of jobs to be retained or created as a result of rehabilitating the facility, including expected construction employment 140 The State Treasurer may exc!ude7rom the specific tax up lo 1/2 of the mills levied for local school opera ling purposes and for the State Education Tax. Check the following box if you wish to be considered for this exclusion. Q APPLICANT'S CERTIFICATION The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application ls being submitted. Further, the undersigned is aware that. if any statement or information provided is untrue, the exemption provided by P .A 146 of 2000 may be in jeopardy. The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the exemption certificate. lt is further certified that the undersigned is familiar with the provisions of P.A. 146 of 2000, of the Michigan Compiled laws; and to the besf of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax Commission. Contact person name Tille Telephone Number Andrew C. Shier Attorne (616) 732-5000 Mailing Address Telephone Number I s;gnatore I Date appUcaUon recei,ed FOR STATE TAX COMMISSION USE I App<;cahon Nombec IDate Rece;ved Form 3674, Page 2 LOCAL GOVERNMENT ACTION This section is to be completed by the clerk of the local governing unit before submitting the application to the State Tax Commission. Include a copy of the resolution which approves the application. PART 1: ACTION TAKEN Action Date: __________________ D Exemption Approved for _____ Years, ending December 31, _____ (not to exceed 12 years) D Disapproved PART 2: RESOLUTIONS 0 A statement that the local unit is a Qualified Local Governmental Unit. D A statement that the application is for obsolete property as defined in section 2(h) of Public Act 146 of 2000. 0 A statement that the Obsolete Property Rehabilitation District was legally established including the date established and the date of A statement that the commencement of the rehabilitation of the hearing as provided by section 3 of P.A. 146 of 2000. D facility did not occur before the establishment of the Obsolete Property Rehabilitation District. A statement indicating whether the taxable value of the property D proposed to be exempt plus the aggregate taxable value of property A statement that the application relates to a rehabilitation program that when completed constitutes a rehabilitated facility within the already exempt under P.A. 146 of 2000 and under P.A. 198 of 1974 (IFT's) exceeds 5% of the total taxable value of the unit. D meaning of P.A. 146 of 2000 and that is situated within an Obsolete Property Rehabilitation District established in a Qualified local DA statement of the factors, criteria and objectives, if any, necessary for Governmental Unit eligible under P.A. 146 of 2000 to establish such extending the exemption, when the certificate is for less than 12 years. a district. A statement that the application was approved at a public hearing as A statement that completion of the rehabilitated facility is calculated 0 provided by section 4(2) of P.A. 146 of 2000 including the date of the to, and will at the time of issuance of the certificate, have the hearing. reasonable likelihood to, increase commercial activity, create DA statement that the applicant is not delinquent in any taxes related to D employment, retain employment, prevent a Joss of employment, the facility. revitalize urban areas, or increase the number of residents in the community in which the·facility is situated. The statement should If ii exceeds 5% (see above), a statement that exceeding 5% will not indicate which of these the rehabilitation is likely to result in. D have the effect of subslanlially impeding the operating of the Qualified local Governmental Unit or of impairing the financial soundness of an A statement that the rehabilitation includes improvements □ affected taxing unit. aggregating 10% or more of the true cash value of the property al commencement of the rehabilitation as provided by section 2(1) of A statement that all of the items described on line 9 of the D Application for Obsolete Property Rehabilitation Exemption P.A. 146 of 2000. Certificate have been provided to the Qualified Local Governmental A statement of the period of lime authorized by the Qualified lo Unit by the applicant. D Governmental Unit for completion of the rehabilitation. PART 3: ASSESSOR RECOMMENDATIONS Current Taxable Value and State Equalized Value of obsolete properties Taxable Value State Equalized Value (SEV) Land Buildings Buildings on Leased Land Other Personal Property Year of Values Name of Local Government Body Dale of Action on application CLERK CERTIFICATION The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way. Further, the undersigned is aware that if any information provided is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy. Clerk Signature Date Telephone Number Clerk's Mailing Address City & Slate Zip Code Mail completed Application and copy of Resolution lo: If you have any questions, call (517) 373-2408 or 373-3302. Stale Tax Commission Michigan Department of Treasury P.O. Box 30471 Lansing, Michigan 48909-7971 SUPPLEMENTAL INFORMATION TO APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE MSB 11,LLC 715 TERRACE, MUSKEGON A) General description of the obsolete facility. The obsolete facility is a partially-constructed two-storey office building located at 715 Terrace in downtown of Muskegon. The project, which is built on a contaminated site, failed under a previous developer and has been acquired by the applicant. The site currently carries significant negative stigma due to the project's history. The project has been idle for a period of time and the applicant is working to restart and complete construction of the structure. Excessive costs to relocate major infrastructure, however, put the project at risk. Also, the obsolete facility faces aggressive competition for tenants in the downtown area and is adjacent to a tax free renaissance zone. B) General description of the proposed use of the rehabilitated facility. The developer intends to create a Class A office building for general office tenants (i.e., financial, legal, insurance, and brokerage). C) . Description of the general nature and extent of the rehabilitation to be undertaken. The extent of the rehabilitation is expected to be as follows: l) Environmental BEA and Due Care Activities 2) Relocation of utility infrastructure 3) Demolition of portions of the building 4) Site improvements 5) New construction 6) New equipment and fixtures D) A descriptive list of the fixed building equipment that will be a part of the rehabilitated facility HV AC systems Elevators Networking equipment Furnaces Electrical services Telephone and data lines Custom lighting E) Time schedule for undertaking and completing the rehabilitation. The project is expected to begin on or about October 15, 2004 and be completed by or before October 15, 2005. F) A statement of the economic advanages expected from the exemption. The tax exemption is a vital component to the obsolete building because of the market competition and office climate for downtown Muskegon. The exemption will allow the building owner to offer more attractive lease terms to potential tenants and strengthen the finanical viability of the project as a whole. The site is highly visible and this development will promote additional economic development in the immediate area. Furthermore, the building will complement existing infrastructure the city has recently completed. DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") dated as of September _J_J_, 2004 between the City of Muskegon, Michigan, a Michigan municipal corporation ("City"), of 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536 and MSB II LLC, a Michigan limited liability company ("Owner"), c/o McShane & Bowie, P.L.C., 99 Monroe Avenue, NW, Suite 1100, Grand Rapids, Michigan 49503 . On application by the Owner, the City Commission ("City Commission") at a meeting duly called and held on August 24, 2004, adopted a resolution pursuant to the Obsolete Property Rehabilitation Act, Act 146 of 2000 (the "Act") establishing an Obsolete Property Rehabilitation District on the real property located in the City and owned by the Owner, the legal description of which is attached as Exhibit A ("Obsolete Property"). Also upon application of the Owner, the City Commission adopted a resolution approving the Owner's application for an Obsolete Property Rehabilitation Exemption Certificate ("Certificate"). This Agreement sets forth the understanding of the City and the Owner regarding the Certificate. The City and Owner agree as follows: 1. Commencement and Completion to Construction. The Owner or its successor shall commence construction on the Obsolete Property as soon as practicable, shall finish completely closing in the facility not later than May 31, 2005, shall complete landscaping not later than August 31, 2005, and shall substantially complete all construction and improvements to the Obsolete Property sufficient to receive a certificate of occupancy for the building not later than December 31, 2005. 2. Anticipated Effective Date. It is anticipated that the Certificate will be issued in calendar year 2004 and become effective on December 31, 2004, as provided in Section 6(3) of the Act. If the State Tax Commission approves the application in calendar year 2004 as contemplated by Section 6 of the Act, then the effective date of the certificate will be December 31, 2004. 3. Period of Certificate. The Certificate shall remain in full force and effect until December 31, 2014 as determined by the City Commission, subject to being earlier revoked as provided in Sections 7 and 12 of the Act. 4. Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of the City and the Owner and the Owner's successors and assigns. This Agreement has been executed as of the day and year first written above. CITY: CITY OF MUSKEGOJQ~ .. By: Steph€n J•. W rmington Mayor ( .J And: ~o~~~ d Gail A. Kundinger, MMC City Clerk OWNER: MSBII~L -- L C By: ~ 7 Its: Authorized Member #109731 v3 2 EXHIBIT A TO DEVELOPMENT AGREEMENT (Obsolete Property) The property located in the City of Muskegon, Muskegon County, Michigan described as: Parcel A: That part of Lots I, 2, and 3 of Block 558, being part of vacated Water Street, and part of Block 567 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 South most corner of Block 556; thence North 61°13'00" West (deed-N62°44'00"W) along the Northeasterly line of Terrace Street, as extended, a distance of 730.00 feet to the point of beginning; thence North 61 °13 '00" West along said Northeasterly line of Terrace Street, a distance of 518.69 feet; thence Northwesterly along an arc of a curve to the left, a distance of 2.49 feet, (said curve data being: delta=00°28' 15", r=302.48 ', l.c.b.=6 I 0 27'09" W, a distance of 2.49 feet to a point being located on the Southerly right-of-way of Shoreline Drive); thence Northeasterly along the Southerly line of Shoreline Drive, along a curve to the right, an arc distance of 300.51 feet, (said curve data being: delta=24°19'04", r=708.05', l.c.b.=N82°07'41" E, l.c.=298.62') to a point of tangency; thence South 85°42'47" East along the Southerly right-of-way of Shoreline Drive, a distance of 147.28 feet; thence South 42°00'00" East, a distance of37.54 feet; thence South 04°17'13" West along the Northerly right-of- way of Terrace Street connector, a distance of 91.77 feet; thence Southeasterly along the Northerly right-of-way of Terrace Street connector, along a curve to the left, an arc distance of 132.23 feet, (said curve data being: delta=l6°28' 11 ", r=650.02', l.c.b.=S03°56'55" E, l.c.=131.78'); thence South 23°17'55" West, a distance of 32.56 feet to the point of beginning. Said parcel contains 1.63 acres more or less. Parcel B (vacated portion of Terrace): Also together with the following vacated portion of Terrace Street lying adjacent to part of Blocks 558 and 557 of the Revised Plat of 1903 of the City of Muskegon, as described in Liber 3 of Plats Page 71, Muskegon County, Michigan, and part of vacated Water Street described as follows: Commence at the South most corner of Block 556 for the point of beginning; thence North 61 °13'00" West (deed=N62°44'00" W), along the Northeasterly line of Terrace Street, as extended, a distance of 730.00 feet to the point of beginning; thence South 69°51 '52" West along the Northerly line of Morris Street connector, a distance of 19.43 feet; thence Southwesterly along a curve to the left, being the Northerly right-of-way of Morris Street connector, an arc distance of 60.98 feet (said curve data being: delta=l2°57'22", r=269.66', l.c.b.=S63°23'1 l" W, l.c.=60.85'); thence North 61 °12'04" West, a distance of 384.34 feet; thence North 28°47'56" East, a distance of64.63 feet; thence South 61°13'00" seconds East along the Northeasterly line of Terrace Street as extended, a distance of 431.64 feet to the point of beginning. Said parcel contains 0.60 acres more or less. Parcel C (vacated portion of Terrace Street): Also together with the following vacated portion of Terrace Street lying adjacent to part of Blocks 558 and 557 of the Revised Plat of 1903 of the City of Muskegon, as described in Liber 3 of Plats, Page 71, Muskegon County, Michigan, and part of vacated Water Street described as follows: Commence at the South most comer of Block 556 for the point of beginning; thence North 61 °13'00" West (deed=N62°44'00" W), along the Northeasterly line of Terrace Street, as extended, a distance of I 161.64 feet to the point of beginning; thence South 28°47'56" East, a distance of 64.63 feet; thence North 00°08'13" East, a distance of 73.64 feet; thence South 61 °13 '00" West, a distance of 35.22 feet to the point of beginning. Said parcel contains 0.03 acres more or less. 4 Commission Meeting Date: August 24, 2003 Date: August17,2003 To: Honorable Mayor & City Commission From: Community and Neighborhood Services W . G- . Department RE: Public Hearing to Review 2003-2004 Consolidated Annual Performance Evaluation Report (CAPER) SUMMARY OF REQUEST: To conduct a public hearing on August 24, 2004 to review accomplishments and receive comments from the public concerning the 2003 - 2004 CAPER developed by the Community and Neighborhood Services department. After the public hearing has been conducted and all the comments have been documented, the CNS office request that the Commission direct the CNS staff to submit the required documents to HUD in compliance with 24 CFR 91.520, by no later than August 31, 2004. FINANCIAL IMPACT: The City is required to submit the CAPER report in order to continue receiving CDBG and HOME funding. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To direct staff to gather comments from the public and to submit the CAPER to HUD after the public comment period has elapsed. COMMITTEE RECOMMENDATION: None City of Muskegon 2003 - 2004 Consolidated Annual Performance Evaluation Report Submitted HUD August, 31, 2004 I TABLE OF CONTENTS Pages 1. Strategic Goals and Objects 1-3 2. CDBG Revenue/ Allocation Analysis 3-5 3. Correlation Analysis 5-6 4. CDBG Expenditures Summary 7 5. 2003-2004 Subrecipient Activity 8-10 6. Sidewalk/ Street Assessment 10-12 7. Low/Mod Analysis 13 8. HOME Analysis/ Review 14-20 9. Rehab/Clearance Info 20-22 10. Affirmative Marketing/ Resources 23 11. Continuum of Care 23-25 12. Needs Impediment Analysis 25-26 13. Fair Housing/ Homeless Prevention 26-27 14. Recruitment Contractors 27-29 15. Lead Base Paint 29 16. Impact Analysis 29- 31 17. Public Comment 31 The City of Muskegon completed its 2003 - 2004 fiscal year on May 31, 2004. The 2003 - 2004 fiscal year was the 30 th year that the City of Muskegon received Community Development Block Grant funding awarded through the U. S. Department of Housing and Urban Development. The 2003 - 2004 fiscal year was also the fourth year of the City of Muskegon's activities under the 2000 - 2004 Consolidated Plan which was approved by HUD in June of 2000. The Consolidated Plan is the City's required five year "steering devise" as well as a "measuring stick" to determine how the City of Muskegon is meeting its stated goals and objectives as developed in the Consolidated Plan. The main areas of objectives that were established in the City's Consolidated Plan were housing issues, economic development, neighborhood improvement issues, community health issues and public services facilities upgrading. 2003 - 2004 Performance Report The intent of the 2003 - 2004 Consolidated Annual Performance Evaluation Report (CAPER) is to illustrate the City of Muskegon's Community and Neighborhood Services department's accomplishments as well as the City's subrecipients and Community Housing Development Organizations (CHDO) accomplishments. The City of Muskegon's Community and Neighborhood Services department is proud to be in partnership with the private sector and the nonprofit community. Significant progress is being made in the City of Muskegon in housing rehabilitation, new affordable housing, blight elimination, public improvement, social services and overall quality of life issues in our community. City of Muskegon Consolidated Plan 2000 - 2004 Strategic Goals and Objectives I. To work with and to support the City's Community Housing Development Organizations (CHDO's) and other public services in the community to increase homeownership opportunities for low and moderate-income residents. 2. To work with area nonprofits, realtors and builders to increase the availability of low, middle and upper-income housing in the community. 3. To improve the City's aging housing stock through rehabilitation efforts. This is accomplished either through the City's rehabilitation programs, the Infill program or through one of the programs of the local CHDO's. 4. To assist local developers when and where possible with the construction of mixed housing in Muskegon neighborhoods, especially those targeted to low/moderate-income neighborhoods with a surplus of vacant land. 5. To work with the Muskegon Housing Commission when economically feasible and logistically possible to improve its overall HUD rating and to eliminate its supply of vacant structures. 1 Economic Development 1. To work with public service agencies, local educators, employers and others to increase the availability of a local skilled workforce and support efforts to develop training programs. 2. To continue to work to develop the City's Brownfields in order to increase the developable land within the community in the areas of industrial, residential and commercial. 3. Increase the development of the City's lakeshore area in order to increase the tourist appeal of the community. 4. To work with other agencies, organizations and non-profits to increase the number of small businesses in the community, especially small businesses owned by minorities and females. Neighborhood (Non-Housing) 1. To assist the City's Leisure Services department, local school systems and other local non-profits to increase activities in the community for local youth and families by upgrading cmTent facilities and programs when economically feasible. 2. To work with local enforcement agencies, public services, neighborhood organizations and members of the religious community to improve the quality of life throughout Muskegon neighborhoods especially the low/moderate-income neighborhoods. 3. To work with established organizations, committees and developers to increase the retail opportunities throughout the City of Muskegon with special concentration on the downtown and other low and moderate-income neighborhoods within the City. 4. Work to improve and upgrade City equipment in the area(s) of public safety (i.e., fire, police, public works etc.) 5. Work with the local health community and other neighborhood organizations within the city to improve the overall health of the City of Muskegon residents especially the low- income, elderly and the minority population. 2 Housing Objectives Priority I. To allocate at least the required amount of HOME funding to area CHDO's to assist low-income residents with down-payment assistance and increase their ability to obtain mortgages. Priority 2. By working through the City's Infill project to increase the number of new homes constructed within the targeted areas. Priority 3. Rehabilitate owner-occupied and rental structures throughout the community. Economic Development Objective Priority 1. To work collaboratively to increase new employers and availability of skilled workforce. Priority 2. Increase developable land in the areas of commercial, industrial and residential. Priority 3. Increase number of small businesses. Neighborhood (Non-Housing) objectives Priority 1. Increase Leisure Service activities/facilities. Priority 2. Improve quality of life in low/moderate-income neighborhoods. Priority 3. Increase neighborhood retail opportunities. Priority 4. Improve and upgrade City public safety equipment. Priority 5. To continue to work with and when possible supply financial assistance to subrecipients in the health field. Community Development Block Grant/ HOME During fiscal year 2003-2004, the City received $1,376,000 in Community Development Block Grant (CDBG) funding from HUD. The City also received $340,111 in funding under the HOME Ownership Partnership Program plus an additional $20,000 in program income. The total amount of federal funding that the City of Muskegon received through the CDBG and HOME programs during fiscal year 2003-2004 was: 3 2003-2004 Community Development Block Grant fimd revenue budget: Entitlement $1,217,000 Reprogrammed funds $ 100,000 Program Income $ 50,000 Total $1,367,000 I. Housing Related Activities $590,000 39.8% Amount Allocated Percentage Community and Neighborhood Services $455,000 33.3% Amount Allocated Percentage *Housing Rehabilitation-Emergency Repair $185,000 13.5% *Housing Rehabilitation-Siding $155,000 11.3% *Housing Rehabilitation-Service Delivery $115,000 8.4% Neighborhood and Construction Services Amount Allocated Percentage *Residential Clearance $90,000 6.6% Community and Economic Development Amount Allocated Percentage *Code Enforcement $ 45,000 3.3% IL Non Housing (Economic Development) $245,000 Amount Allocated Percentage *Shoreline Drive Bond Repayment $245,000 17.9% III. Public Improvement Projects $163,500 10.1% Amount Allocated Percentage *Public Facilitates/Rehab/Lot Cleanup $ 45,000 3.2% * Sidewalk Assessment $ 48,500 3.5% * Street Assessment $ 70,000 5.1% IV. Public Services $170,887 12.59% Leisure Services Amount Allocated Percentage *Recreation Programs $ 70,000 5.1% 4 Department of Public Works *Senior Transit $ 50,000 3.6% *Community Based Organization a. Muskegon Community Health Project $ 5,000 0.3% b. Red Cross $ 5,000 0.3% C. HealthCare $ 6,887 0.5% d. Volunteer Muskegon "KKIS" $ 5,000 0.3% e. Volunteer Muskegon "Mapping" $ 5,000 0.3% f. West Michigan Veterans $ 5,000 0.3% g, Legal Aid of West Michigan $10,500 0.7% I. Family Service Center "Dads" $ 8,500 0.6% V. Administration $172,500 12.6% Community and Neighborhood Services *Management & Coordination $172,500 12.6% * High priority item - 20 ** Medium prio1ity item - 0 Other Federal Funding received by the City of Muskegon during this fiscal year FEMA Fire Grant $ 40,000 WEMET $ 34,495 UHP-Distressed Neighborhood $ 89,419 Local Law Enforcement Block Grant $ 53,914 Weed and Seed (Asset Forfeiture) $ 13,548 Bullet Proof Vest Partnership Grant $ 11,851 After Schoo 1Leaming Center $473,353 Emergency Shelter Grant $ 65,000 2003-2004 Proposed CDBG Activity Correlation Analysis Section 1. Housing - represents the City of Muskegon's continued efforts to improve its aging housing stock by assisting low/moderate income homeowners and its efforts to improve the communities overall quality of life especially in the City's low and moderate-income neighborhoods. Section 2. Non-housing - represents the City of Muskegon's continuing efforts to improve its infrastructure and promote economic development activities. Section 2 correlates with economic development goal 2 and economic development priority 2. 5 Section 3. Public Improvements-represents the City of Muskegon's continued commitment to invest and reinvest in its infrastrnctme and facilities, which highly meets non-housing goal 4 and non-housing neighborhood priorities 1, 2 and 4. Section 4. Public Services - represents the City of Muskegon's firm commitment in supporting community development at the neighborhood level by supporting local non-profits and public services within the community. Section 4 is significantly correlated with neighborhood goals 2 and 5. Section 4 is also significantly equated with neighborhood objective priorities and neighborhood priority 5. Section 5. Administration is highly equated with all goals and objectives associated with the administrative activities within the 2000-2004 Consolidated Plan. 900,0001..r::::; - - - - - - - - , 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 o......,_..,...._........1-,.................,..........,. II Ill IV V Priority Analysis In correlation with the stated priorities in the 2000-2004 City of Muskegon's Consolidated Plan of the areas or projects funded, the funding met the City's prioritized rating in the following manner. High 20 (100.0%) Medium 0 (0.0%) Low 0 (0.0%) 100.00% 80.00% 60.00% 40.00% J I 20.00% J ! □ Priorities 0.00% 1 .c Cl :i: 6 2003-2004 Community Development Block Grant Expenditures Summary I. Community and Neighborhood Services Budget Spent Percentage Spent Management/Coordination $172,500 $161,131 93% Housing Rehab Emergency $185,000 $221,084 120% Housing Rehab Siding $155,000 $235,348 152% Housing Rehab Service Delivery $115,000 $122,968 107% II. Community and Neighborhood Construction Services Residential Clearance $90,000 $85,989 96% Code Enforcement $45,000 $46,437 103% III. Finance Division Shoreline Drive Bond Repayment $245,000 $245,288 100% IV. Community and Neighborhood Services/Engineering Budget Spent Percentage Spent Street Assessment $70,000 $59,420 0.85% Sidewalk Assessment $48,500 $68,876 142% V. Leisure Services Recreation Program $70,000 $70,000 100% VI. Department Public Works/ Economic Development Senior Citizen Transit $50,000 $47,789 96% *Pubic Lot Cleanup $45,000 $45,000 100% VIL Community Based Organizations a. Muskegon Community Health Project $ 5,000 $ 5,000 1.00% b. Red Cross Senior Transportation $ 5,000 $5,000 1.00% c. West Michigan Veterans $ 5,000 $2,360 41% d. HealthCare Project $ 6,887 $6,069 94% e. Volunteer Muskegon (Mapping) $ 5,000 $3,332 66% f. Volunteer Muskegon (KKIS) $ 5,000 $2,616 52% g. Legal Aid of West Michigan $10,500 $7,500 75% h. Family Service Center "Dads" $ 8,500 $7,000 70% 7 2003-2004 Subrecipient Activity During fiscal year 2003-2004, the City of Muskegon awarded $50,887 in CDBG funds to eight area non-profits. 1. Muskegon HealthCARE - $6,887 Activity: Health screening and preventive advocacy. Number served 1447 Low Income 931 Female Head of Household 422 White 78 Black 331 Hispanic 31 Average Cost Per Client: $4. 76 2. Muskegon Community Health Project - "Miles of Smiles" - $5,000. Activity: Supplied mobile dental unit to assist low-income youngsters with dental services. Number Served 304 Extremely Low 224 Female Head of Household 32 White 73 Black 94 Hispanic 47 Asian 4 American Indian 6 Average Cost Per Client: $16.44 3. American Red Cross - Senior Transportation - $5,000 Activity: To provide transportation for area seniors to health related facilities. Number Served 1622 Extremely Low Income 399 Very Low Income 48 Low Income 53 Female Head of Household 323 Disabled 257 White 337 Black 177 Hispanic 26 Native American 2 Average Cost Per Client: $3 .08 8 4. West Michigan Veterans Inc. - $5,000. Activity: To offer a food bank to low-income Veterans and their families and transportation assistance to health facilities for Veterans and family members. Number Served 593 Extremely Low Income 30 Very Low Income 89 Low Income 390 Senior Citizens (over 62) 62 Female Head of Household 22 White 221 Black 329 Native American 6 Hispanic 37 Average Cost Per Client: $8.43 5. Volunteer Muskegon - "Keep Kids in School" - $5,000 Activity: Grassroots volunteer program to stop truancy. Number Served 90 Low Income 9 Very Low Income 6 Extremely Low Income 3 Female Head of Household 10 White 10 Black 6 Hispanic 2 Average Cost Per Client: $55.56 6. Volunteer Muskegon - Youth Volunteer Corps - $5,000 Activity: Youth volunteers used to do asset mapping in city neighborhoods. Number Served 69 Extremely Low Income 03 Very Low Income 10 Low Income 56 Female Headed Household 25 Senior Citizen (over 62) 0 White 42 Black 18 Hispanic 9 Average Cost Per Client: $72.46 9 7. Family Service Center 'Dads' Program - $8,500 Number Served 390 White 100 Black 275 Hispanic 15 Over age 62 11 Low Income 41 Very Low Income 128 Extremely Low Income 310 Average Cost Per Client: $21. 79 8. Legal Aid of West Michigan-$10,500 Number Served 198 White 99 Black 94 Hispanic 2 Other 3 Female Head of Household 128 Over age 62 17 Low Income 6 Very Low Income 25 Extremely Low Income 167 Average Cost Per Client: $53.03 Sidewalk Assessment Relief The City assisted 63 low income Nelson neighborhood residence with sidewalk assessment relief. Fiscal year 2003-2004 total for Nelson (census tract 6.02) for the approved applicants totaled $69,376.00. Breakdowns of the addresses assisted are the following: I·· ·Street# .·. St Address 304 W. Dale $539.40 1725 6th St. $2,014.00 1910 5th St. $455.00 1513 6th St. $968.01 1447 7th St. $113.75 1980 9th St. $541.45 316 W. Forest Ave $409.50 235 W. Larch $796.25 1888 5th St. $341.25 305 W. Larch $1,153.28 472 W. Grand Ave $3,799.25 559 W. Grand $1,424.15 1366 Sanford $3,466.37 19195thSt $796.25 1592 6th St $1,944.41 10 165 W. Southern $186.55 1464 7th St. $637.00 _324 W. Forest Ave $177.45 _ 77_W. Larch $1,089.07 1783 Sanford $443.62 1734 5th St. $91.00 1606 5th St. $1,337.70 151:W. Larch $716.62 313'W. Larch $1,503.49 1717_ 6th St. $113.75 205 W. Dale $182.00 1639 7th St. $346.94 1568 -Sanford $1,115.46 457W. Grand $364.00 453:W, Grand $1,333.91 113<1:2 Jefferson $250.25 __ 1848,Commerce $455.00 450 W. Grand $796.25 1917,Jefferson $1,757.27 - 3J5!W. Southern $864.50_ i 1576 6th St. _._._ ·----------- ---- $1,103.38 -_ :2tl1 W. Forest $4,192.02 - ---··--· ----- 6th St. 1647 -\ $1,722.39 2241W.Grand Ave $420.88 329 W. Forest $1,148.88 32jW. Forest Ave $1,175.58 ,_ 1529 Park $944.12 ' 1578 Sanford $1,230.13 1662 5thSt. $585.81 598 W. Forest Ave $989.62 1530 8th $1,137.50 1 1§71 Park $773.50 15147th St. $801.94 1816 _Jefferson $2,217.33 1461 Park $773.50 1513;8th St. $1,167.08 1478.ParkSt. $3,229.18 1671 Park $1,480.80 345 VI/. Forest $1,404.41 1910.Jefferson $1,386.50 394 W. Southern $756.44 340 1W. Forest Ave $559.65 1910iCommerce $455.00 15157thSt. $1,994.90 609:w. Forest Ave $775.65 1575 6th St. $91.00 353 W. Southern $2,446.60 154-W. Larch $1,888.06 Average Cost Per Client: $1, 10 I 11 Street Assessment Relief The City assisted 28 residence with street assessment relief. Fiscal year 2003-2004 total assessment for the approved applicants totaled $34,028.75 breakdowns of the addresses assisted were the following: Street#.··• I St. Address I Cosf I 2216 Clifford $1,148.43 2193 Clifford $2,296.86 2223 Clifford $2,168.49 1597 Davis $892.50 1188 W. Larch $1,088.85 1733 Davis $892.50 2229 Lincoln $1,245.04 2411 Cutler $714.00 2238 Lincoln $999.60 2212 Lincoln $999.60 2387 Morton Ave $1,204.88 2408 Letart $1,163.28 2317 Lincoln $803.00 2268 Lincoln $1,294.12 2393 Lincoln $1,178.10 2370 Lincoln $1,178.10 2393Philo $1,074.03 2540 Lincoln $1,447.63 2489 Lincoln $714.00 1157 Washington $1,658.74 1083 Washington $1,658.74 1249 Lakeshore #139 $160.85 1082 Washington $1,658.74 111 0 Washington $2,764.58 1249 Lakeshore #234 $167.21 1405 Barclay $1,658.74 1249 Lakeshore #315 $139.40 1187 Washington $1,658.74 Average Cost Per Client: $1,308.80 Of the $1,569,152 CDBG dollars spent last fiscal year by the City of Muskegon, $1,385,256 or 82.4% was for low/moderate-income activities. This data illustrates the City of Muskegon's continuing efforts to address the needs of our low and moderate-income residents and how those activities correspond to strength and improvement of the overall economic health of the community. 12 CDBG Low/ Mod Statistics 100.00% 80.00% 60.00% Percentage 40.00% 20.00% 0.00°/o-1----L---1~-___J'"--___J~-----~------.;' Low/Mod Other Low / Moderate Income Classifications CDBG - Category Emergency Repair - Low/Mod - Housing Household Income Vinyl Siding - Low/Mod-Housing Household Income Infrastructure Sidewalk Assessment - Low/Moderate - Limit Clientele Household Income Street Assessment - Low / Moderate Limit Clientele Household Income Public Services Muskegon Community Health - Low/Moderate - Limit Clientele Children Red Cross - Transportation - Low/Moderate - Limit Clientele Senior West Michigan Veterans-Low/Moderate - Limit Clientele Veteran HealthCare Project - Low/Moderate - Limit Clientele Individuals Volunteer Muskegon - Low/Moderate - Limit Clientele Youth Family Service Center "DADS" - Low/Moderate - Limit Clientele Men Program Income The amount of program income produced last year through CDBG loan repayment, loan payoffs, refinancing and subordination request was $101,547.09 13 City of Muskegon HOME Activity Budget During fiscal year 2003-2004, the City of Muskegon received $340,111 in HOME funding plus $20,000 of program income. The funding was allocated in the following manner. Program Administration $ 36,011 Tax Reverted Rehab $ 50,000 Tax Reve11ed Infill $ 60,000 CHOO Supp011 Services $165,000 Housing Demolition $ 10,000 Program Income $ 20,000 Canyover Fund $ 19,100 HOME Correlation Analysis Program Administration is in direct correlation with all four (4) Housing Goals from the 2000 - 2004 Consolidated Plan (CP) and all Housing Objectives. Neighborhood Infill program is in direct con-elation with goals 2, 3, and 4. The category is also significantly correlated with Housing Objectives Priority 2. Tax-Reve11ed Rehabilitation is directly correlated with goals 2 and 3 while this activity is also directly related to Housing Priority 3. Tax-Reverted Infill is directly con-elated with goals 2 and 4. Housing Priority number 2 is significantly related. CHOO Support Services is in direct con-elation with Housing Goal 1 and Housing Objectives Priority 1 and Priority 3. High Priority 100% Medium Priority 0% Low Priority 0% HOME Infill During fiscal year 2003 -2004 the City of Muskegon Community and Neighborhood Services depaiiment designed, built and sold all five projects under the City's new construction Infill programs and or total rehabilitation program, which produced approximately $220,000 of program income. Operation: New Moon Rising 14 The site at 1638 Hoyt was a blighted burned out building for a number of years. The neighbors in the area not only complained about the sight, but also complained about the awful smell that came from the structure in the summer time. Although the previous owner had said that he would rehabilitate the property for whatever reason; it never got done. The City of Muskegon's Community and Neighborhood Services negotiated with the former owner to gain ownership of the property. After gaining ownership, the City demolished the burned out blighted structure and began to redevelop the site with a new 3-bedroom bungalow style home with a full basement and two-car garage. On a site where less than a year ago there was a burnt out house spewing blight on the 1600 block of Hoyt, near Moon Elementary school, is a lovely new bungalow home with a very happy new homeowner and her son. Homebuyer Demographics Race Income level Size of Household Female head of household African American Low80%< 2 Operation Jackson Hill Renewal Projects One and Two-AKA Operation: W.G.LT.T.T. (We Got It Right This Time) The Jackson Hill neighborhood, a central core neighborhood within the City of Muskegon, has gone through many transitions since its original development. The 1970's saw the Jackson Neighborhood become an Urban Renewal community. Many of the original homes were demolished and the neighborhood was left with an abundance of vacant lots. In the last few years, the Jackson Hill neighborhood has experience one of the most impressive renaissance in the city. A significant number of those previous vacant lots now have homes on it because of the commitment of the local Habitat for Humanity, Muskegon Housing Commission, the City of Muskegon's Community and Neighborhood Services and several visional residents. 15 During 2003 - 2004, the City of Muskegon had two total rehabilitation projects in the Jackson Hill neighborhood under the title Operation Jackson Hill Renewal Projects AKA Operation WGIRTT (We Got ,, It Right This Time) We got it right is just what we did. The first project at 503 Octavius was a blighted home that was on the City's dangerous building list and if the home had been demolished most of the residents probably would not have been upset because of the long negative history associated with the home. Instead of doing the easy thing and just tear down ,__ ,_, the home, the City of Muskegon elected to totally rehabilitate the structure. Now we llillll- ,ililC::S::1dl have a beautiful totally rehabilitated home at 503 Octavius, which is now home to a husband, wife and their two teenage children. It may not be the perfect ending, but is sure is darn close. The house at 351 Erickson Operation WGIRTT Project #2 was a house that the City assisted one of its CHDO's to obtain a few years ago, but unfortunately the CHDO was not able to complete the project. So the City obtained the home and completed the project. The finish product is a testament to why it is important that we preserve as much of old housing as possible. In a place where a vacant lot could be, stands proudly a 2,500 square foot home with four bedrooms 3 and ½ baths and several features that would make HGTV envious. 351 Erickson is just another component in the Jackson Hill renaissance and the City of Muskegon commitment to revitalizing its neighborhoods. Homebuyer Demographics Race Income level Size of Household Male head of household African American Low50%< 4 Wood Street Revival L I \\ f'j _~ .·.-·. ;, I ~ / · '.,' .;":f# - The Wood Street Revival project was probably the City of Muskegon's Community and Neighborhood Services office most ambitious project during the 2002-2003 fiscal year. The home at 850 Wood had spewed blight on the Angell neighborhood for as long as most residents can remember. But behind the chipping paint, boarded up windows and several layers of old 16 paint was a beautiful American Gothic home one of only two remaining in the city according to our local historic district committee. The City of Muskegon purchased the home at 850 Wood from John Wesley AME Zion Church and began the process of revealing a diamond in the rough that resided at the corner of Wood and Orchard. The results of _____ the rehabilitation were far beyond what was envisioned by staff and the selected contractor. The home at 850 Wood has returned to its former majestic status with almost every feature rehabilitated to its' original glory. The home recently sold to a single gentleman who is a recent new comer to the Muskegon community. The beautiful home at 850 Wood is another true testament of what can be accomplished when a ~ -- community is willing to invest its' funding and - - - - ~'"-- creative energy to a project instead of looking at only the wreaking ball as the means to eliminate blight from a community. *Project sold during fiscal year 2003-2004. Homebuyer Demographics Homebuyer Race Income level Size of Household Single male White Low80%< l Operation: At Long Last AKA Shangaliwa For as long as most residents can remember, eight vacant dilapidated homes have sat in several different neighborhoods throughout the city of Muskegon. Those houses were known to the common population as the "City" houses, but were officially under the Turnkey 3 program where the Muskegon Housing Commission originally obtained the infamous homes for total rehabilitation and then homeownership. Unfortunately, the homes never were rehabilitated and allowed to sit and become a blighting nemesis on their respective neighborhoods. The City of Muskegon has worked diligently for a number of years to get the approval from the U. S. Department of Housing and Urban Development to demolish those "eyesores". After experiencing the pains and frustration of going through the bureaucratic maze that we've all 17 experienced at some time, the team of the City of Muskegon's Community and Neighborhood Services, Neighborhood and Construction Services along with the Muskegon Housing Commission were victorious after about three years. It goes to show diligence and persistence always goes to the victor. On a beautiful June day in the Angell neighborhood, the City of Muskegon sponsored a neighborhood cook out to celebrate the first of eight demolitions. Shangaliwa is Swahili for "time to celebrate" and celebrate was what we did. The patticipants consisted of City Commissioners, neighborhood association presidents, City employees and the local neighbors from throughout the city who were finally seeing one of eight bad neighbors leave their neighborhoods forever. Everyone said "Shangaliwa!" The next phase of Operation "At Long Last" was the building of the house at 1668 Beidler. Just like all the other former : .:": ._. •';,;?:~~i/·' ·" /···•jf • Turnkey-3 sites, the neighborhood had been i }.:.•.•. _ ,.. ,)h :~h- victimized by the blighting influence of the abandoned :' ~ ,.- ~ ., --;.: ~-- house for as long as most folks could remember. Instead of ·~ 0 II that vacant eyesore now stands a beautiful two-story, three- r -- - bedroom home with a 2-car garage, full basement and an :::!!!I.___ _ all seasons porch. "HOWDY PARTNER!" Webster defines the word partnership as "a contract entered into by two or more persons or entities in which each agrees to furnish a part of the capital and labor for a business enterprise." The City of Muskegon's Community and Neighborhood Services deprutment and Neighborhood Investment Corporation (NIC), a Community Housing Development Organization (CHOO) developed a paitnership during fiscal year 2003-2004. Its goal was to build two Infill homes in the downtown area of Muskegon. The City allocated $40,000 of HOME funding per home. NIC was able to secure funding from a number of other sources to bring the projects to fruition. Some of the other sources were Michigan State Housing Development Authority - (MSHDA), Federal Home Loan Bank and National City Bank. Both projects are completed and ru·e another piece to the City of Muskegon's overall neighborhood revitalization eff01ts. 18 Rental Rehabilitation Program In order to make necessary improvements and upgrades to make the unit safe and affordable, the City's rental rehab program offers assistance to rental property owners in the city of Muskegon by providing up to $14,999 per unit to match the owner's contribution of the project. 2003 - 2004 Fiscal Year Rental Rehab Projects Address Number of Units Home Contribution 1279-85 Fourth 4 $22,000 1115 Sanford 2 $22,526 Tenant Information - 1279-85 Fourth Black Female O- 30% AMI White Female 0-30%AMI Black Female 0-30%AMI Black Male Over80%AMI Tenant Information- 1115 Sanford Black Female 0-30% AMI Black Female 0-30%AMI Community Housing Development Organization Activity Habitat for Humanity $25,000 Activity: Constructed two homes for its homeownership program Address Purchase price I. 1255 Amity $11,208 2. 1438 Ducey $ 9,590 Homebuyer Information Hispanic Fem ale 31-50% AMI White Female 31-50%AMI Neighborhood lllvest111e11t Corporation $85,000 Activities: Homebuyer rehabilitation and homeowner rehabilitation 19 Homebuyer Rehab Address HOME Funds Used 215 9 Letarte $5,000 1725 Ray $5,000 140 Washington $5,000 1067 Pine $5,000 Homeowner Rehab None Down-payment assistance Address HOME Funds Used 850 Wood $1,795 Demographics of Clients Female 2 Male 2 Extremely low income 0 Very low income 1 Low income 3 Black 1 White 3 Hispanic 0 Tri11ity Village No11profit Housing Activity: Down-payment assistance Addresses Downpayment Assistance % of AMI 821 Stevens $1,500 51-80 349 Jackson $1,500 51-80 1460 Ducey $1,500 30-50 655 Ada $1,500 51-50 Number of Families Served 4 Female headed Households 2 White 0 Black 1 Low Income 4 2003-2004 Vinyl Siding Activity A total of thirty-five households in the City of Muskegon received vinyl siding on their homes through the Community and Neighborhood Services siding program. 20 Addresses of homes that received vinyl siding last fiscal year are as follows: 1. 1315 Frances 11. 463 Mulder 21. 191 McLaughlin 31. 291 Orchard 2. 1592 6th 12. 2036 Letarte 22. 735 Amity 32. 1464 Park 3. 1955 Wood 13. 2239 Beidler 23. 1111 Michigan 33. 427 E. Larch 4. 1461 Montague 14. 222 Iona 24. 210 Merrill 34. 1710 Manz 5. 1426 Getty 15. 829 Washington 25. 277 Irwin 35. 1325 Lakeshore 6. 1921 Vanderline 16. I 073 E. Dale 26. 567 Leonard 7. 46 E. Walton 17. 1234 Fleming 27. 492 Oak 8. 501 Mulder 18. 2217 Sherin 28. 1234 7th 9. 1637 Wood 19. 1933 Leahy 29. 1507 Park JO. 1291 4th 20. 428 Adams 30. 1922 Wood Clearance Program The City of Muskegon's Neighborhood and Construction Services (Inspection) department demolished 19 structures in the city of Muskegon with CDBG funding at a total cost of$73,216. The following structures were demolished during last fiscal year with CDBG funds. DEMOLITIONS FUNDED BY CDBG 6/1/04 - 5/31/04 NEIGHBORHOOD CENSUS DATE ST. NAME ST.# COST TRACT NELSON 6.02 6/30/2003 PARK 1469 $ 765.00 JACKSON HILL 2 6/30/2003 MARCOUX 747 $ 2,987.00 ANGELL 3 6/30/2003 CATHERINE 383 $ 3,294.00 NELSON 6.02 11/6/2003 MUSKEGON 412 $ 2,895.00 ANGELL 3 11/6/2003 SOPHIA 1119 $ 3,290.00 ANGELL 3 11/6/2003 WILLIAMS 1112 $ 2,890.00 ANGELL 3 11/6/2003 WILLIAMS 1136 $ 2,890.00 ANGELL 3 11/6/2003 ORCHARD 424 $ 2,295.00 ANGELL 3 11/6/2003 ORCHARD 444 $ 715.00 ANGELL 3 11/6/2003 CATHERINE 453 $ 2,995.00 ANGELL 3 11/6/2003 AMITY 723 $ 3,895.00 NELSON 6.01 12/22/2003 SEVENTH 1698 $ 3,295.00 MCLAUGHLIN 5 3/4/2004 HARTFORD 85 $ 3,425.00 ANGELL .. 3 3/4/2004 WOOD 1032 $ 4,315.00 NELSON 6.02 1/20/2004 SEVENTH 1686 $ 5,420.00 NELSON 6.02 1/16/2004 PARK 1670 $ 900.00- NELSON 6.02 1/20/2004 HOUSTON 460 $ 1,100.00 MCLAUGHLIN 5 3/31/2004 PINE 1226 $ 900.00 ANGELL 3 3/11/2004 APPLE 318 $ 24,950.00 Average Cost Per Home: $3,853.47 21 CDBG Emergency Repair Program The City of Muskegon assisted 66 households during last fiscal year with emergency housing assistance (furnace replacement, roof replacement, electrical updating, plumbing updating, and structural repairs). The total amount of CDBG funding spent on emergency repairs last fiscal year was $221,084. The program is designed to assist low-income residents who have conditions in their homes that can be classified as a threat to the health and or general welfare of the resident and or the public at large. Address Proiect Total Address Proiect Total Address Proiect Total 846 Catherine 4,752 1252 Kenneth 2,242 1158 E. Apple 688 * 492 Oak 755 •• 152 Strong 8,194 416 Monroe 7,224 * 753 Orchard 525 667 Wesley 710 * ]273 7th 2,400 1085 Sophia 13,644 ** 1300 Evanston 5,100 413 Houston 3,950 1921 Wood 1,214 32 W. Forest 85 1237 Spring 7,755 2234 Continental 525 1210 Allen 7,700 776 Orchard 3,070 713 Orchard 3,265 303 Mason 590 1533 Hoyt 700 373 Merrill 600 807 Wood 955 339 Amity 1,236 539 Bennett 2,698 428 Adams 3,885 1326 Chestuut 7,078 407Monroe 2,443 * 1745 Madison 2,225 ] 530 8th 5,894 533 Alva 2,485 2256 Blodgett 3,485 12193'' 1,900 1996 Park 6,840 786 W. Forest 105 I 965 Cutler 525 1929 Franklin 4,275 1954 Jiroch 1,343 882 Wilson 6,260 * 612 Allen 8,924 * 1433 Kingsley 85 1110 Washington 4,897 2272 Dowd 793 1417 Winters 150 1929 Franklin 1,340 * 1756 Madison 525 338 Mason 5,060 1201 Pine 6,570 854 Oak 105 321 Yuba 2,100 2239 Austin 4,200 * 340 Marquette 7,420 419Ada 7,000 641 Ada 1,700 1178 Emerson 3,745 319 Mason 800 1158 Fleming 2,250 * 1144 Sanford 2,900 1166 W. Grand 2,846 1299 Jefferson 860 2230 Sherin 2,888 588 E. Apple 7,820 191 McLaughlin 3,101 319 Mason 7,100 1632 Montague 2,970 1079 Holt 3,615 * Received Assistance for two items ** Received Assistance for three items Demographic Profile of those served Low Income 66 Black 39 White 25 Hispanic 2 Native American 0 Female Head of Household 45 Average Cost Per Home $3,350 22 Affirmative Marketing Policy The City's Affirmative Marketing Policy defines the responsibilities for activities funded by the HOME Program to assure the furtherance of fair housing and equal job opportunity objectives. In both instances, the policy refers to the effort to ensure that opportunities exist without regard for race, color, religion, sex, and national origin. Traditionally, this has meant publishing information about availability of housing or job opportunities, through the use of the Equal Housing Opportunity slogan or logo and the Equal Employer slogan. In the case of the City's HOME Program, affirmative marketing also entails special outreach efforts to individuals or classes that might not otherwise apply. The City of Muskegon will seek to assure compliance with the terms of this plan through annual reviews of marketing activities. Leveraging Resources: The City of Muskegon has been successful at leveraging additional resources in several different ways. The City has been able to allocate funding to its CHDO's and subrecipients who have been able to receive additional funding from state, local and private entities. Most recently the City has partnered with the Neighborhood Investment Corporation in combining resources to develop a rehabilitation fund for targeted prope1ties in the Nelson neighborhood and also to combine resources in order to produce two new Infill houses in the city's downtown area. Evaluation: During fiscal year 2003-2004, the City of Muskegon has allocated a significant amount of time supplying its staff and CHDO with technical assistance. Fiscal year 2003-2004 also revealed that although the number of emergency and siding projects declined somewhat, the projects that were completed were larger in size and more comprehensive. The City has continued to make a neighborhood impact in regards to its total rehabilitation program through its HOME program, which has not only saved several structures in the community that were in jeopardy of being demolished, but also established those structures as anchor projects in reference to the areas overall neighborhood revitalization efforts. The City's Infill program continues to not only eliminate blight from the area, but also increase the overall economic value of the area as illustrated by the increase in economic condition factors in the neighborhoods where Infill has taken place. The Infill program has brought young working families back to neighborhoods where just a few years ago they were bypassed as possible areas to invest in. The Infill program has shown non-subsidy home investors that these areas are excellent areas to invest in, which is why we are seeing a true renaissance going on in many of our central neighborhoods. Some of the changes that we are witnessing are initiatives from the private market (e.g. the reopening of neighborhood stores) where significant renovations is being done on private owned housing in both the owner-occupied and rental markets, as well as private developers who have expressed interest in doing multiple housing. Rental Inspections The City's department of Neighborhood and Construction Services has an on going system for inspection of all rental housing units on a four year basis, which is part of its overall housing code enforcement program. There was two HOME assisted rental rehabilitated projects committed and completed this fiscal year. There was four HOME rental rehabilitation inspections conducted in 2003-2004. 23 Continuum of Care The Muskegon County Continuum of Care Network is an integrated advocacy and service delivery whose mission is to reduce homelessness and promote home permanence. The strategy document articulates the planning process that frames the work of the network. It is a snapshot of Muskegon County at a particular point in time. It reflects the best thinking of the service providers, consumers and government agents who have participated in the network and will take part in the next 12 months to reflects its priority to secure transitional supportive housing and services with emphasis on 16-24 year old youth, disabled persons and families. The rationale for these priorities is outlined in this continuum document and addressed in the MCCCN' s 2003 supportive housing proposal to HUD. The Muskegon Continuum of Care has evolved from a funding document written by core agencies (1997) to support unilateral programs. It is designed to integrate systems of interdependent providers consisting of 57 formal members. The network has a protocol to conduct business, hold standing meetings and develop formal referrals and universal intake procedures. In 2001, the Network expanded membership to involve all key players. City governments and the County of Muskegon are members of standing committees, as well as funders, public housing providers and consumers. In addition to information sharing, the standing committees routinely monitor the Continuum of Care Network's document and the network strategies that it articulates. Through the strategy, the network will promote home pe1manence and reduce homelessness. The Network is coordinated through a steering committee that acts with direction from the membership to ensure that the network is comprehensive and inclusive. The purpose of these committees is to focus on specific critical components of the Network to insure accurate and inclusive planning. The following is a description of those committees, their function and membership. • Emergency needs committee leads monthly 'miracles, case managers and emergency food pantries. Meeting monthly to discuss the community's food, clothing and utility needs. This group is chaired by an individual from Representative Peter Hoekstra's (U.S. House) office and is staffed by the United Way through the Muskegon County FIA Emergency needs program and FEMA. This linkage is critical for both distribution of resources and advocacy members include food pantries, soup kitchens, shelters, drop in centers, and church groups who meet monthly to monitor the utilization and capacity of these resources. Case managers meet monthly and include hands on case managers from a variety of organizations. The committee serves as a "barrier buster" when obstacles are identified for homeless individuals. In addition, this group has a strong advocacy mission bringing the needs of the homeless to the steering committee, the full MCCCN and to the family coordinating council. Emergency and Transitional Sheltering meets quarterly to coordinate services and to maximize available resources. Members include shelter providers and community advocacy organizations (i.e. Community Action Against Poverty) and provides vital links to homeless consumers. This group is focussed on operating a seamless system for homeless individuals to support successful transition when issues or opportunities emerge. Group members hold 24 focus groups and key informant interviews with consumers for input. In addition, consumers are often invited to work with the committee to create strategies and decision concerning service delivery or issue advocacy. • The Housing Consortium meets quarterly with a focus on permanent housing issues, capacity and utilization of housing units, Section 8 performance and the integration of the Network with the City of Muskegon Consolidated Plan as well as Muskegon Heights and Norton Shores. • The Health Committee is responsible to articulate both the health needs of homeless individuals and strategies to meet those needs. It meets on an ad hoc basis. This group is linked to the Muskegon Health Project that coordinates health coverage for the uninsured, MI Child and other related outreach services systems. During fiscal year 2003-2004 the Muskegon County Continuum of Care Network awarded a total of$65,000 dollars for emergency shelter activities and those agencies that received funding were Bethany Housing $23,870 Every Women's Place/Webster House $27,749 West Michigan Therapy $13,581 Needs Impediments/Analysis The results of the community survey conducted for this analysis indicates that across various interest and geographic sections of the community, local perceptions of significant barriers to fair housing choice in the Muskegon area are split between economic and social factors which are frequently inter-connected and are not related or are indirectly related to those specific classes and characteristic covered as matters of federal, state and local fair housing laws. Taken as a whole survey respondents noted economic factor of insufficient income and poor credit as significant barriers to housing choice and were relatively split (strong agreement vs. strong disagreement) as to whether ones race ethnicity, family size or disability affected housing choice. Related factors such as unstable employment and insufficient supply of affordable housing are directly connected to widespread concern regarding income levels that are inadequate to suppoti housing preferences and in the opinion of survey respondents, negatively impact housing choices in the Muskegon area. Although such factors are not by definition related to fair housing laws as written, they are strongly correlated to protected categories of individuals with disabilities and are also reflected in the protected categories of families with children and particularly racial and ethnic minority groups. Survey results demonstrate that broader Muskegon community's belief is that economic factors drive neighborhood segregation more significantly than do racial, ethnic or other characteristics, with income disparity among racial and ethnic groups and persons with disabilities controlling housing choice more than any other factor. The study recommends sustained outreach and education efforts directed at housing industry professional and consumers and a corresponding effort among government and advocacy organizations to present housing issues and information 25 is ways that increase levels of public awareness regarding housing support programs and their role in overall community health. The fundamental recommendations put fo1ih in the 2002 Analysis of Impediments to Fair housing choice for the Muskegon, Michigan metropolitan area, fall into three main categories of infonnation, education and enforcement. The City is working diligently to assure that the community is supplied with the appropriate infonnation concerning fair housing. We also are working to continue to educate the public on fair housing issues. At this time a regional Fair Housing advocacy non-profit is being established. The City of Muskegon awarded the agency seed money from the current CDBG funding. Affirmatively Further Fair Housing As was stated in the 2001 - 2002 CAPER, the City of Muskegon was part of a consortium of local housing providers that contracted with the Grand Rapids Fair Housing Center to have an Impediment Study conducted in reference to Muskegon County. The consortium consisted of the cities of Muskegon, Muskegon Heights, Norton Shores and Muskegon County. The City of Muskegon has made that study available for the administration and all policy makers as well as the public. The City of Muskegon continues to make all of its housing programs available to the general public. The City continues to market all its programs to the public with the fair housing emblem. All of the housing projects being constructed by the City of Muskegon have signs at the sites advertising the availability of the property, the phone number of the CNS office, the contractor and / or contracted realtor. As mentioned earlier, the City of Muskegon advertises all of its property in local newspapers including local minority publications. The City of Muskegon housing programs are intended to assist the community in providing affordable housing. The City's rental rehabilitation program is structured to not only improve the quality of the available rental stock in the community but to assure that the housing remains affordable. The City's Infill and rehabilitation programs objective is to create or recreate quality housing within the inner city for homeownership. The City's Infill program is targeted to citizens whose household income is between 75 and 80 percent of area median; while the City's rehabilitation program is targeted to attract potential homebuyers that are at 30 percent of area median or higher not to exceed 80 percent. Homeless Prevention The City of Muskegon is a "chartered" member of the Muskegon County Continuum of Care Network in an effort to combine county resources to assist those citizens that are in jeopardy of homelessness. The continuum meets monthly to share ideas and to assist each other in items like grant writing, knowledge distribution and inventory analysis. 26 The City also contributes $2,500 of their yearly administration funding to the local "IHELP Project" which supplies a local database of service providers (www.ihelp-westmi.info). A homeless person can contact the !HELP system by home computer or local kiosk. The City of Muskegon continues to supply HOME funds to Bethany Housing Ministries for their transitional housing program. Bethany Housing program objective is to support individual families from the transition of being homeless to the point of self-sufficiency. The City's CHDO's have programs whose objectives are to assist low-income residents from homelessness. Neighborhood Investment Corporation has a very aggressive homeowner rehab program to assist local residents especially seniors with home repairs by having the particular items repaired at an affordable rate, hopefully, reducing the possibility of the homeowner losing possession of the prope1iy. Habitat for Humanity assists very low-income families with becoming homeowners. Many of Habitats clients spend less of their income as homeowners than they did as renters. The City of Muskegon's emergency repair program is geared to assist homeowners eliminate housing problems. Without help, problems could become too costly and force the property owner to desert the structure and possibly become homeless. Recruitment of Local Minority and Female Contractors The City of Muskegon's Community and Neighborhood Services office has worked diligently in the last three years to improve the number oflocal contractors especially those that are owned by minorities or females. The CNS office encourages all contractors awarded jobs with the City to meet the goal of 14% of their staff being minority, female and or residents of Muskegon County. All contractors are required to supply a workforce analysis of their staff with demographic information that includes their stated race or ethnicity, sex and address. No financial allotments are to be release without the department receiving the workforce analysis. During fiscal year 2003-2004 the City of Muskegon's Community and Neighborhood Services awarded a total of five contracts for new construction and total rehabilitation projects (three rehabilitation and two new constructions). Of the five contracts, one was awarded to a minority builder. Some of the mechanisms that the City of Muskegon has used to increase its outreach to local and minority businesses are advertising in minority newspapers and the areas only urban formatted radio station; presentations to the local ethnic associations and churches, attending housing fairs, having open houses at completed projects and poster board advertisement in front of housing projects during construction period. The City of Muskegon's CNS staff was able to contract with a number of local and minority businesses in several different areas during fiscal year 2003-2004. (see below) Name of Business Type of Business Type Ownership Locally Owned A-1 Professional Construction Construction Majority No AAA Lead Inspections Risk Assessments Minority/Female No Accent Builders Construction Majority Yes Allore Plumbing Plumbing Majority Yes Andy's Tree Service Tree Removal Majority Yes B & L Electric Electrician Majority Yes 27 Bantam Group Inc Construction Majority Yes Belasco Electric Co Electrician Majority Yes Bishop Heating & Cooling Heating & Cooling Majority Yes Bowen Refrigeration Heating & Cooling Majority Yes Ciggzree's Appraisal Service Realtor Minority/Female Yes Classic Stamp & Sign Sign Majority Yes Clear Channel Radio Station Majority Yes Cook's Appliances Appliance Store Majority Yes Curtis Holden Construction Minority/African American Yes Cutting Edge Construction Construction Majority Yes D E Sher Home Improvement Construction Majority Yes Daniels Office Supply Majority Yes Destigter/Smith Architects Architects Majority No Dobb Printing Printer Majority Yes FedEx Delivery Service Majority Yes Fine Line Printing Printer Minority/Female Yes Frank Wilkerson Painting Minority/African American Yes Franklin Contractors Construction Majority Yes Fredicks Co Construction Majority Yes Free Spirit Enterprises Inc Construction Majority Yes Gawlik Construction Construction Majority Yes Great Lakes Sewer & Septic Sewer Cleaner Majority Yes D Hardiman Cleaning Minority/Female Yes Herbert Taylor Lawn Care Minority/African American Yes Houseplan Guys Houseplans NIA No Infinity Electrical LLC Electrician Minority/African American Yes Keene Building Supplies Majority Yes Lakeshore Electric Electrician Majority Yes Lakewood Heating & Cooling Heating & Cooling Majority No Lascko Plumbing & Mechanical Plumbing Majority Yes Lewis Johnson Construction Construction Majority Yes Mary Wittaker Duncan Architects Minority/Female No Midwest Business Assoc. Newspaper Minority/African American Yes Mike Thompson Home Imp. Construction Majority Yes Mueller Heating & Cooling Heating & Cooling Majority Yes Muskegon Tribune Newspaper Minority/African American Yes Novotny Electronics Security Majority Yes O'Malley's Pest Control Pest Control Majority Yes Pioneer Restoration Construction Majority Yes Premier Construction Majority Yes R & K Heating & Cooling Heating & Cooling Majority Yes Radium Photo Majority Yes Rose Exterminating Pest Control Majority No Ryerson Septic Installers Septic Installers Majority No Schmidt Roofing & Construction Construction Majority Yes Seaway Appliance Center Appliance Store Majority Yes Success Enterprise LTD Construction/Lead Abate Majority Yes Superior Environmental Corp Environmental Studies Majority No T & T Installers Construction Majority Yes The Muskegon Chronicle Newspaper Majority Yes Tom Noordhoff Plumbing Plumbing Majority No 28 Top Notch Design Contractors Construction Majority Yes Transnation Title Title Service Majority Yes Watts Trucking & Excavating Excavation Minority/African American Yes Weber Lumber Building Supplies Majority Yes West Michigan Construction Construction Majority Yes Westshore Consulting Consulting Majority Yes wuvs Radio Station Minority/African American Yes *Local owners are determined by being located in Muskegon County Lead Based Paint The City of Muskegon has made it policy that any home assisted by the department that is not being assisted under the emergency program must be tested for lead based paint. A risk assessment is conducted to detem1ine if any hazard evidence of lead exist. If so, the City then contracts with a licensed abatement firm to have the lead properly removed. A clearance must be conducted at the end of the project to assure that there is no evidence of harmful lead remaining in the structure. The City has worked diligently to train area contractors concerning the lead based paint issue as well as the CNS rehabilitation staff. The lead base paint activity for last fiscal year was the following: Lead Inspections/Risk Assessments - (I 0) Abatements - (3) Clearances - (3) 670 Oak 4th St. 4th St. 1279 Terrace 503 Octavius 503 Octavius 1165 W. Larch 351 Erickson 351 Erickson 1279 - 85 4 th St. 314Mason 1019 W. Grand 782 Southern 1341 Lakeshore 1126 Aurora 1534 8th St. Total Cost - $4,340 Total Cost - $53,455 Total Cost - $900 Impact Analysis for Fiscal Year 2003 - 2004 The City of Muskegon mission for the last few years has been to make a significant impact on our neighborhoods through our Infill and total rehabilitation construction program, as well as through our vinyl siding and emergency repair programs. The focus of the programs are to eliminate blight from the neighborhoods while simultaneously increasing the overall tax base and preserving the exiting housing stock. Below is the list of the projects rehabilitated or constructed through the HOME program the structure or parcel value before the improvement and the value after. 29 Address Before Tax Yearly Tax After Tax Yearly Increase in Value Payment Value Tax Bill Value {Before) /After) 503 Octavius 20,000 649.00 68,760 2,231.70 48.760 351 Erickson 54,400 1.765.60 91,787 2,979.07 37,387 850Wood 21,600 701.05 62,578 2,031.00 40,978 1668 Beidler 0 0 128,088 4,157.27 *128,088 1938 Hovt 0 0 105,374 3,420.00 105,374 361 Oak 0 0 94,525 3,602.00 94,525 TOTALS 96,000 3,115.65 551,112 18,421.04 455,112 Before Tax Value 96,000 After Tax Value 551,112 Percentage Increase in Value 474% Before Tax Revenues 3115.65 After Tax Revenues 14,819 Percentage Increase in Tax Revenues 375% * Not Sold Infrastructure Improvements For a number of years the City of Muskegon has been working to improve its aging infrastructure. In order to meet that objective and not put a significant burden on our low- income homeowners, the City has a special assessment assistance program to eligible owner- occupied residence through the use of the City's Community Development Block Grant entitlement. A total of I 01 residents were assisted last fiscal year. A total of 22,467 of new linear feet of street were installed and approximately 30,561.30 total square feet of sidewalk square feet were replaced. Local Economic Impact The City of Muskegon has also made a conscience effort to make an impact on the local economy through the use of both the CDBG and HOME entitlement. During fiscal year 2003- 2004, the CNS office awarded a total of $1,008,293.32 to contractors, vendors, suppliers and service providers. Of that $1,008,293 of funding, $849,214.57 or 84.2% was awarded to local businesses (businesses located within Muskegon County). A total of$ 139,092.32 was awarded to businesses that were minority owned a percentage of the aggregate of 13.77%. Even though the 2003-2004 fiscal year was a somewhat sluggish year economically for the Muskegon community, the impact of the City's CDBG/HOME development, redevelopment and the externalities that derived from those activities had a significant impact on the community monetarily, economically and physically. 30 Total Amount ofFunding Awarded: $1,008,293.32 Total Number of Businesses: 64 Average Funding Amount: $ 15,754.54 Total Local Business Awards : $ 849,214.50 Total Number of Local Businesses: 53 Average Local Business Awards: $ 16,022.92 Minority Owned Business Awards: $ 139,092.32 Total Number Minority Businesses: 13 Average Funding A warded $ 10,699.40 Public Comments 31 Date: August 24, 2004 To: Honorable Mayor and City Commissioners From: Engineering RE: Public Hearing Spreading of the Special Assessment Roll on: Sidewalk Replacement Program for 2004 (Area E-6) SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment roll for the 2004 Sidewalk Replacement Program and to adopt the attached resolution confirming the special assessment Roll. FINANCIAL IMPACT: A total of$133,000.55 will be assessed against two hundreds & seven (207) parcels. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2004-76 ( d) Resolution Confirming Special Assessment Roll for THE 2004 SIDEWALK REPLACEMENT PROGRAM (E-6). • E-6 which is bounded by Getty Street to the west, City Limits to the north. City Limits to the east, and Ryerson Creek to the south. Properties Assessed: See Exhibit A attached to this resolution. RECITALS: l. The City Commission determined to create a special assessment district covering the properties set forth in Exhibit A attached to this resolution on January 27, 2004, at the first hearing. 2. The City has reviewed the special assessment roll which purports to levy a special assessment in the said district, levying on each property a portion of the cost which has been determined to be appropriate, considering the improvements, the benefit to the assessed properties, and the policies of the City. 3. The City Commission has received final bids for the construction and/or installation of the improvements and determines it to be fair and reasonable. 4. The City Commission has heard all objections to the roll filed before or at the hearing. THEREFORE, BE IT RESOL\'ED: I. That the special assessment roll submitted by the Board of Assessors is hereby approved. 2. That the assessments levied may be made in installments as follows: annual installments over ten ( I 0) years. Any assessment which is paid in installments shall carry interest at the rate of 5.00% per annum to be paid in addition to the principal payments on the special assessment. 2004 - 76(d) Continued ... 3. The Clerk is directed to endorse the certificate of this · confirmation resolution and the Mayor may endorse or attach his warrant bearing the date of this resolution which is the date of confirmation. This resolution passed. Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington Nays: None CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on August 24, 2004. The meeting was properly held and noticed pursuant to the Opc·n Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. · Further, I hereby certify that the special assessment roll referred to in this resolution was confirmed on this date, being August 24, 2004. City of Muskegon By Cu)__ Q ·~ , L Gail A. Kundinger, Ci EXHIBIT A SIDEWALK REPLACEMENT PROGRAM FOR 2004 SPEClAL ASSESSMENT DISTRICT The location of the special assessment district and the prope11ies proposed to be assessed are: Those prope11ies identified in the area listed below as having sidewalk deliciencies in which the owners have not completed the required improvements by June I, 2004. All parcels within area E-6 which is bounded by Getty Street to the west, City Limits to the north, City Limits to the east, and Ryerson Creek to the south 0:\ENGINliER ING\COMMON\2004 PROJECTS M,\STl:R\Proji.:cts\SV•/04\200.J sw*program special asscs~mcnt district to wn1 mission 1-27- 04.duc THE 2004 SIDE\VALK REPLACEMENT PROGRAM (Area E-6) MAYOR'S ENDORSEMENT AND WARRANT I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY TREASURER THIS DA TE THAT HE SHALL PROCEED TO COLLECT THE ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE. CITY OF MUSKEG AFFIDAVIT OF MAILING STA TE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR: H-1572, Sidewalk Replacement·Program 2004 THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVEO 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 UNITEDSTATES MAIL RECEPTACLE ON THE I 3TH DAY OL UST 2004. ~ . . SUBSCRIBED AND SWORN TO BEFORE ME THIS / Jt/J r DAY oF dl/,J- 1,{S 2004., ~J ~ NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES 7-~ 0 -o {; August 13, 2004 OWNERS NAME OWNERS STREET OWNERS CITY, OWNERS STATE OWNERS ZIPCODE Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL Dear Property Owner: The Muskegon City Commission has previously approved the project described below and will now consider final confirmation of the special assessment roll: H-1572 Sidewalk Replacement Program for 2004 Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, August 24th, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the special assessment. Written appearances or objections must be made at or prior to the hearing. YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS CONFIRMED ON AUGUST 24th, 2004, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334- 6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. The total cost of the project will be paid by special assessment to property owners. If the special assessment is confirmed, your property will be assessed $310.82 for the work performed. Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5.00% First installment $31.08 per year Due Date: October 251", 2004 CDBG Approved You Owe $0.00 The total assessment may be paid in full any time prior to the due date shown above without interest being charged. After this date, interest will be charged at the rate shown above on the outstanding balance. Assessments also may be paid over a ten year period in ten equal principal installments. If you pay your assessment in installments, your annual installment (including interest) will be included as a separate item on your property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify them of this change. Early payments may be made at any time and are encouraged. PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL If you have any specific questions about the work done please call the Engineering Department at 231- 724-6707 before the hearing date. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and Application for Waiver of Special Assesment for financial assistance . Sincerely, //?/c 1:,,tv1AA-,£_ 11/j}:~f:/ Mohammed AI-Shatel, P.E. City Engineer Enclosures SIDEWALK REPLACEMENT PROGRAM FOR 2004 DETAILS BY PARCEL NUMBER PARCEL NUMBER : 24-XXX-XXX-XXX NUMBER : 35 FOR PROPERTY ADDRESS : PROPERTY ADDRESS & STR OWNERS NAME : OWNERS NAME OWNERS ADDRESS : OWNERS STREET OWNERS CITY: OWNERS CITY OWNERS STATE : OWNERS STATE OWNERS ZIPCODE : OWNERS ZIPCODE CONCRETE CURB 0 L.F.@ $22.6131 /L.F. = $0.00 CONCRETE DRIVE APPROACH 0 SQ. YD.@ $35.9150 /SQ.YD.= $0.00 CONCRETE DRIVE APPROACH (REMOVAL) 0 SQ. YD.@ $12.6367 /SQ.YD.= $0.00 CONCRETE SIDEWALK 61.5 S.F.@ $5.0539 / S.F. = $310.81 TOTAL FOR THIS PARCEL= $310.81 Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. ZUU4 MUJ<.;WALK ASSJ<.;SSJV1J<.;NT l'KUliKAJVl CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT ·. ' ' ' HOUSEHOLD INFORMATION ' Name: Birthdate: Social Security # _ _-_ _ -_ _ Spouse: Birthdate: Social Security # _ _-_ _-_ _ Address: Phone: Race: Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this infomiation) Number Living in Household: List information for household members besides owner/spouse here. Name Birthdate Social Security # _ _-_ _ -_ _ Name Birthdate Social Security # _ _ -_ _ -_ _ Name Birthdate Social Security # _ _ -_ _ -_ _ Name Birth date Social Security # _ _ -_ _ -_ _ · ·.. ·. ' . ·. ,. •' .. · ' ,. ', ' '.· .•. ·. ·. . ' ' '' ' ' ' ' ·•. INCOME INFORMATION ' . •·· ' ANNUAL Household Income: $ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $ . ' ', ' ' .. · ·. ·'. . PROPERTY INFORMATION . .· Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeffwner's Insurance Co: Expiration Date: Property Taxes: ( ) Cunent ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be verified by CDBG staff) . . '. . ' . ... . ' ·.· . OWNER'S SIGNATURE ·. ·. ' ', ·,·.· . ., . ' . Owner's Signature: Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all infonnation in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's si!.,'llature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION .'· .·. ' . ·.·. FOR OFFICE USE ONLY . ·,' APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO. SIGNATURE TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instrnctions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON MARQUETTE NEIGHBORHOOD INCLUDING OUTSIDE AREA REQUEST FOR W AIYER OF SPECIAL ASSESSMENT Note: You may receive this application several times - If you have already applied, please discard. Dear Resident: The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development Block Grand (CDBG) program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the sidewalk assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chaii below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2003, tax returns, pension or other benefit checks, bank statements for direct deposits or agency statements for all household income. 2003 165% MEDIAN HOUSEHOLD INCOME CHART I FAMILY SIZE INCOME LIMIT 1 $27,885 2 31,850 3 35,880 4 39,845 5 43,030 6 46,215 7 49,400 8 52,585 For each extra, add 3,185 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Stnet, 2nd Floor Muskegon,MI49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City rese11 1es the right to 1'er{fy all application information, and to reject any applications that contain falsified i1?formation or insufficient documentation. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS CONFIRMATION OF SPECIAL ASSESSMENT ROLLS SPECIAL ASSESSMENT DISTRICT: SIDEWALK REPLACEMENT PROGRAM FOR 2004 The location of the special assessment district and the properties proposed to be assessed are: • All parcels within area E-6 which is bonnded by Getty Street to the west, City Limits to the north, City Limits to the east, and Ryerson Creek to the south. PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll will be held at the City of Muskegon Commission Chambers on August 24, 2004 at 5:30 p.m. At the time set for the hearing the City Commission will examine and determine whether to approve the special assessment roll that has been prepared and submitted for the purpose of said hearing and for examination by those persons to be assessed. The special assessment roll is on file and may be examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. You are futther notified that at the first hearings the City Commission detennined that the special assessment districts should be created, the improvements made, and the assessments levied. The purpose of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls. Gail A. Kundinger, City Clerk Publish: AUGUST 14, 2004 ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Gail A. Kundinger, City Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 of TDD (231) 724-6773 CITY OF MUSKEGON Resolution No. 2004-1 l(b) Resolution At First Hearing Creating Special Assessment District For The 2004 Sidewalk Replacement Program (E-6) Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on January 27, 2004 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held January 27, 2004, there were 2.03% objections by the owners of the properties 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 properties to be assessed and the value of the benefit to be received by each properties 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 properties. THEREFORE, BE IT RESOLVED: I. The City Commission hereby declares a special assessment district to include the properties set forth in Exhibit A attached to this resolution. 2. The City Commission deteimines to proceed with the improvements as set forth in the engineer's survey, inspection, recommendation 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 cons1stmg of City Commissioners Gawron and Spataro and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon actual work preformed. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 100% of the cost of the 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, Commissioners Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays, None CITY OF MUSKEGON By ~o. L r Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on January 27, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By__,,LJ-o.,;~'L...L.0,0..L...,,c..-J...:L=~Q.,-o..:A)~ Gail A. Kundinger, Clerk 0 , . ... . -~,. .. .. . ~-..~ : _,;. !'• -_. ,. ... _, ~;. ••" I .. ·1' :,: ... ·•·': ,~...:..,.--~- .. :...70·'--'· '". -. , ~- ·• ) •' )., ..... .. . ~- ' . ... :!_.:;:_·. ~ ·, . .• ~ ~, .( w· ( \ ....... ··--··--- -·· . . ;~~~::::-<~---CC, .... .. ,.' / I / . '/ , , I . , .' / ' I '\ J \"( \ :'I \'\'. • ~ ~ ~ '~) \ ct 2/ - \ • \ \\ q: I < ..c:. \.) ! \ 'I! . ~ "\?\ l g\ i \\ + ~\ '~ ~J ~ H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-612-000-0606-00 429 ABBEY ST DAWKINS DENICE 429ABBEY ST MUSKEGON Ml 49442 $101.08 24-612-000-0612-00 487 ABBEY ST SMITH WILLIE G 487 ABBEY ST MUSKEGON Ml 49442 $209.74 24-612-000-0613-00 495 ABBEY ST ALSTON BABYLOU 495ABBEY ST MUSKEGON Ml 49442 $252.70 24-612-000-0614-00 505 ABBEY ST WATTS SANDRA/WA PO BOX 1670 MUSKEGON Ml 49443-1 $697.44 24-612-000-0592-00 514 ABBEY ST WAWRZYNIAK EMILY 514 ABBEY ST MUSKEGON Ml 49442 $126.35 24-612-000-0615-00 515 ABBEY ST MCALLISTER KEITH 515ABBEY ST MUSKEGON Ml 49442 $707.55 24-613-000-0778-00 1182 ADAMS AVE BURNS STANLEY C PO BOX4454 MUSKEGON H Ml 49444 $252.70 24-613-000-0782-00 1252 ADAMS AVE BROWN ANNIE 1252 ADAMS AVE MUSKEGON Ml 49442 $2,550.96 ¾ 24-613-000-0785-00 1276 ADAMS AVE MCWHINNIE TODD 1276 ADAMS AVE MUSKEGON Ml 49442 $193.82 24-613-000-0850-00 1300 ADAMS AVE WALKER BILLY C JR 1300 ADAMS ST MUSKEGON Ml 49442 $151.62 24-613-000-0844-00 1355 ADAMS AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $631.74 24-181-000-0013-00 1463 ADAMS AVE IRBY RAYMOND 1463 ADAMS AVE MUSKEGON Ml 49442 $2,630.56 24-612-000-0542-00 1060 ALBERT AVE BUCKNER ROBERT J 1060 ALBERT AVE MUSKEGON Ml 49442 $694.91 24-612-000-0544-00 1064 ALBERT AVE TAYLOR RONNIE JR/ 1064 ALBERT AVE MUSKEGON Ml 49442 $442.22 24-612-000-0549-00 1075 ALBERT AVE THE PROVIDENT BA 1 E 4TH ST CINCINNATI OH 45202 $126.35 24-612-000-0545-00 1078 ALBERT AVE HARRIS YOLANDA M 1041 ALBERT AVE MUSKEGON Ml 49442 $832.18 24-611-000-0301-00 1227 ALBERT AVE HANDCOCK FLOIS 1227 ALBERT AVE MUSKEGON Ml 49442 $126.35 24-611-000-0294-00 1321 ALBERT AVE WESTPHAL ARNOLD/ 1321 ALBERT AVE MUSKEGON Ml 49442 $252.70 8/31/2004 9:08 PM Page 1 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-611-000-0315-00 1338 ALBERT AVE MUSKEGON COUNTY 280 OTTAWA ST MUSKEGON Ml 49442 $126.35 24-611-000-0288-00 1387 ALBERT AVE MAY JACKIE L 1387 ALBERT AVE MUSKEGON Ml 49442 $320.16 24-611-000-0287-00 1411 ALBERT AVE PETTY KELLY/ESSIE 11146 S SANGAMON CHICAGO IL 60643 $1,566.52 24-611-000-0323-00 1424 ALBERT AVE UNITED STATES OF 5312 BOLSA AVE STE HUNTINGTON CA 92649 $1,184.18 24-611-000-0283-00 1461 ALBERT AVE LABARGE EDWARD J 1461 ALBERT AVE MUSKEGON Ml 49442 $202.16 24-611-000-0326-00 1462 ALBERT AVE GOODWIN OBIE M 1462 ALBERT AVE MUSKEGON Ml 49442 $1,210.73 24-611-000-0282-00 1471 ALBERT AVE MILLER KATHERINE 1471 ALBERT AVE MUSKEGON Ml 49442 $429.58 24-611-000-0281-00 1481 ALBERT AVE VELAZQUEZ BARBAR 1481 ALBERT AVE MUSKEGON Ml 49442 $277.96 24-611-000-0281-10 1491 ALBERT AVE WALLACE TRACY L 1491 ALBERT AVE MUSKEGON Ml 49442 $873.06 24-611-000-0330-00 1492 ALBERT AVE BLACK BILLY D 1492 ALBERT AVE MUSKEGON Ml 49442 $126.35 24-611-000-0279-00 1511 ALBERT AVE FAUER GERALD A!TE 1511 ALBERT AVE MUSKEGON Ml 49442 $1,054.54 24-611-000-0332-00 1516 ALBERT AVE MOODY THOMAS S 1516 ALBERT AVE MUSKEGON Ml 49442 $80.10 24-611-000-0334-00 1536 ALBERT AVE WILLIAMS SYLVESTE 1536 ALBERT AVE MUSKEGON Ml 49442 $1,742.63 24-611-000-0276-00 1537 ALBERT AVE NICHOLS BETHANY 1537 ALBERT AVE MUSKEGON Ml 49442 $509.69 24-611-000-0335-00 1556 ALBERT AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $379.04 24-613-000-0708-00 270 BENNETT ST WOODWARD CLARE 270 BENNETT ST MUSKEGON Ml 49442 $310.81 24-613-000-0713-00 334 BENNETT ST HALL BARRY 334 BENNETT ST MUSKEGON Ml 49442 $385.36 24-613-000-0715-00 346 BENNETT ST TAYLOR WILFORD L 346 BENNETT ST MUSKEGON Ml 49442 $259.01 8/31/2004 9:08 PM Page 2 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-612-000-0546-00 539 BENNETT ST DENNIE VELMA D/PE 539 BENNETT ST MUSKEGON Ml 49442 $1,865.81 24-613-000-0886-00 216 CRESTON ST DOCKERY CYNTHIA 216 CRESTON ST MUSKEGON Ml 49442 $126.35 24-613-000-0857-00 287 CRESTON ST DAVIS TERRI D 16231 HARDEN CIR SOUTHFIELD Ml 48075 $1,164.92 24-611-000-0469-00 411 CRESTON ST WILLIAMS JESSIE 411 CRESTON ST MUSKEGON Ml 49442 $924.66 24-611-000-0441-00 431 CRESTON ST SCOTTTAMIAA 431 CRESTON ST MUSKEGON Ml 49442 $1,645.04 24-611-000-0382-00 480 CRESTON ST ASHLEY NANCY 480 CRESTON ST MUSKEGON Ml 49442 $1,601.69 24-611-000-0350-00 519 CRESTON ST AIKENS SUNDRA/LO 519 CRESTON ST MUSKEGON Ml 49442 $379.04 24-611-000-0348-00 520 CRESTON ST JOHNSON ERIC A 11340 FITZGERALD A GRANT Ml 49327 $1,100.18 24-611-000-0322-00 528 CRESTON ST MORTGAGE ELECTR 8120 NATIONS WAY B JACKSONVILLEFL 32256 $1,225.11 24-611-000-0319-00 529 CRESTON ST MOORE JESSIE JR 529 CRESTON ST MUSKEGON Ml 49442 $1,216.71 24-611-000-0321-00 540 CRESTON ST HALL WILLARD/CON 540 CRESTON ST MUSKEGON Ml 49442 $126.35 24-611-000-0263-00 576 CRESTON ST POWERS DAVID J 576 CRESTON ST MUSKEGON Ml 49442 $1,520.08 24-613-000-0729-10 293 DRATZST ROBINSON DAVID/PA 293 DRATZ ST MUSKEGON Ml 49442 $257.75 24-613-000-0763-00 332 DRATZST STATE OF MICHIGAN 430 W ALLEGAN FIRS LANSING Ml 48922 $379.04 24-613-000-0725-00 353 DRATZ ST HALL MARSHA F 353 DRATZST MUSKEGON Ml 49442 $138.98 24-613-000-0764-00 354 DRATZ ST KUNNEN TERRY A JR 354 DRATZ ST MUSKEGON Ml 49442 $379.04 24-612-000-0625-00 858 DUCEY AVE BUFORD ROLANDA 858 DUCEY A VE MUSKEGON Ml 49442 $228.69 24-612-000-0624-00 868 DUCEY AVE LANE AVIS 868 DUCEY AVE MUSKEGON Ml 49442 $271.65 8/31/2004 9:08 PM Page 3 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-612-000-0609-00 878 DUCEY AVE METCALF GLEN E/LI 878 DUCEY AVE MUSKEGON Ml 49442 $248.90 24-612-000-0610-00 893 DUCEY AVE ENSTAM DEREK E 893 DUCEY AVE MUSKEGON Ml 49442 $151.62 24-612-000-0503-00 1030 DUCEY AVE MUSKEGON COUNTY 280 OTTAWA ST MUSKEGON Ml 49442 $113.71 24-612-000-0504-00 1046 DUCEY AVE RAMIREZ STEPHEN PO BOX 503 MUSKEGON Ml 49443 $860.34 24-612-000-0513-00 1063 DUCEY AVE STARR ERMA GORD 1063 DUCEY AVE MUSKEGON Ml 49442 $505.39 24-612-000-0507-00 1068 DUCEY AVE PARKER ROBERT 1496 HARVEY ST MUSKEGON Ml 49442 $240.06 24-612-000-0511-00 1077 DUCEY AVE DOWDY JASON 1077 DUCEY AVE MUSKEGON Ml 49442 $240.06 24-612-000-0508-00 1090 DUCEY AVE BOUKAMP MARIAN P 1090 DUCEY AVE MUSKEGON Ml 49442 $381.57 24-611-000-0422-00 1209 DUCEY AVE KETCHUM SARAH J 1209 DUCEY AVE MUSKEGON Ml 49442 $888.84 24-611-000-0368-00 1239 DUCEY AVE PICKETT MARK A 2411 DUFF RD TWIN LAKE Ml 49457 $988.14 24-611-000-0418-00 1271 DUCEY AVE COUNTY OF MUSKE 990 TERRACE ST MUSKEGON Ml 49442 $240.06 24-611-000-0416-00 1305 DUCEY AVE KNOX RONALD W 1305 DUCEY AVE MUSKEGON Ml 49442 $121.29 24-611-000-0414-00 1323 DUCEY AVE WALLACE REBECCA 1323 DUCEY AVE MUSKEGON Ml 49442 $108.66 24-611-000-0435-00 1328 DUCEY AVE BURNETT ROBERT L 1328 DUCEY AVE MUSKEGON Ml 49442 $477.59 24-611-000-0436-00 1340 DUCEY AVE FONDREN DEDRICK/ 1340 DUCEY AVE MUSKEGON Ml 49442 $1,119.72 24-611-000-0413-00 1341 DUCEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $128.87 24-611-000-0412-00 1349 DUCEY AVE OUDEMOLEN ROBER 1349 DUCEY AVE MUSKEGON Ml 49442 $1,239.16 24-611-000-0411-00 1359 DUCEY AVE PETERSON SONIA R 1359 DUCEY AVE MUSKEGON Ml 49442 $107.40 8/31/2004 9:08 PM Page 4 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-611-000-0438-00 1360 DUCEY AVE HULBERT DALE 1360 DUCEY AVE MUSKEGON Ml 49442 $118.77 24-611-000-0440-00 1372 DUCEY AVE SHAFFER MINDI 1372 DUCEY AVE MUSKEGON Ml 49442 $394.20 24-611-000-0443-00 1418 DUCEY AVE TUCKER ELIZABETH 1418 DUCEY AVE MUSKEGON Ml 49442 $827.58 24-611-000-0455-00 1556 DUCEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $113.71 24-610-000-0155-00 1244 DUDLEY AVE CLARKE DEREK 1244 DUDLEY AVE MUSKEGON Ml 49442 $132.66 24-610-000-0147-00 1275 DUDLEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $803.57 24-610-000-0162-00 1326 DUDLEY AVE BUTLER PAULA F!TY 1326 DUDLEY AVE MUSKEGON Ml 49442 $830.10 24-610-000-0163-00 1338 DUDLEY AVE BUTLER TYREE JR/P 1326 DUDLEY AVE MUSKEGON Ml 49442 $397.99 24-610-000-0165-00 1360 DUDLEY AVE PITTMAN GREGORY/ 3425 LAKE DUNES DR MUSKEGON Ml 49441 $136.46 24-610-000-0137-00 1367 DUDLEY AVE BUIE WILLIE JR/KARE 1367 DUDLEY AVE MUSKEGON Ml 49442 $696.17 24-610-000-0168-00 1386 DUDLEY AVE HALL TED/LORI 1386 DUDLEY AVE MUSKEGON Ml 49442 $588.78 24-610-000-0135-00 1389 DUDLEY AVE BOXER DAVID/DENIS 1389 DUDLEY AVE MUSKEGON Ml 49442-0 $646.90 24-610-000-0014-00 1418 DUDLEY AVE WILLIS CYNTHIA R 1418 DUDLEY AVE MUSKEGON Ml 49442 $516.76 24-610-000-0030-00 1461 DUDLEY AVE GILLILAND COLMAN 1461 DUDLEY AVE MUSKEGON Ml 49442 $1,459.31 24-61 0-000-0019-1 0 1496 DUDLEY AVE RITSEMA KERRI LET 1496 DUDLEY AVE MUSKEGON Ml 49442 $122.56 24-610-000-0027-00 1517 DUDLEY AVE RODRIGUEZ BETTY/ 1517 DUDLEY AVE MUSKEGON Ml 49441 $1,225.57 24-610-000-0020-00 1518 DUDLEY AVE GAUSE SANDRA K 1518 DUDLEY AVE MUSKEGON Ml 49442 $133.93 24-610-000-0022-00 1532 DUDLEY AVE GATES RONALD G 3364 ROOSEVELT RD MUSKEGON Ml 49441 $277.96 8/31/2004 9:08 PM Page 5 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-612-000-0648-00 526 GETTY ST SUTTON MAMIE L 526 S GETTY ST MUSKEGON Ml 49442 $120.03 24-612-000-0647-00 538 GETTY ST 2005 C/W 24-612-000- 548 S GETTY ST MUSKEGON Ml 49442 $305.76 24-612-000-0645-00 556 GETTY ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $126.35 24-612-000-0643-00 572 GETTY ST BETHESDA BAPTIST PO BOX 665 MUSKEGON Ml 49443-0 $795.99 24-122-100-0007-00 570 HARVEY ST MERCY SERV FOR A 34605 TWELVE MILE FARMINGTON Ml 48331-3 $3,969.84 24-610-000-0096-00 1461 HILLCREST DR HOMECOMINGS FINA 3476 STATE VIEW BL FORT MILL SC 29715-7 $777.04 24-612-000-0521-00 1018 JAMES AVE HOLMES JEFFREY A 1018 JAMES AVE MUSKEGON Ml 49442 $583.73 24-612-000-0531-00 1065 JAMES AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $512.97 24-611-000-0363-00 1223 JAMES AVE WHITE DONALD JR 1223 JAMES AVE MUSKEGON Ml 49442 $126.35 24-611-000-0305-10 1237 JAMES AVE BUNNELL TIMOTHY J 1237 JAMES AVE MUSKEGON Ml 49442 $372.73 24-611-000-0369-00 1256 JAMES AVE DYE JAMES 1256 JAMES AVE MUSKEGON Ml 49442 $391.68 24-611-000-0309-00 1269 JAMES AVE SILVA MARIA/SANGH 1269 JAMES AVE MUSKEGON Ml 49442 $1,187.32 24-611-000-0355-00 1329 JAMES AVE DECHENEY FRED/ME 1329 JAMES AVE MUSKEGON Ml 49442 $252.70 24-611-000-0380-00 1390 JAMES AVE CLARK CHARLES/RU 1390 JAMES AVE MUSKEGON Ml 49442 $126.35 24-611-000-0381-00 1392 JAMES AVE MALECKI JOHN D 1392 JAMES AVE MUSKEGON Ml 49442 $126.35 24-611-000-0384-00 1436 JAMES AVE MURDAUGH ANNNMI 4556 KNIGHTS GROS GRAND PRAIRITX 75052 $252.70 24-611-000-0387 -00 1466 JAMES AVE SIMS MCKINLEY 1466 JAMES AVE MUSKEGON Ml 49442 $1,682.80 24-611-000-0388-00 1476 JAMES AVE WARD LEDORA 1476 JAMES AVE MUSKEGON Ml 49442 $1,054.54 8/31/2004 9:08 PM Page 6 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-611-000-0341-10 1487 JAMES AVE PRINGLE CRYSTAL 1487 JAMES AVE MUSKEGON Ml 49442 $126,35 24-611-000-0339-00 1511 JAMES AVE PETTEWAY PATRICIA 1511 JAMES AVE MUSKEGON Ml 49442 $934,62 24-611-000-0337-00 1525 JAMES AVE VANDERHOEVENJU 1525 JAMES AVE MUSKEGON Ml 49442 $1,124.94 24-611-000-0336-00 1549 JAMES AVE ROBERTSON CYNTHI 5430 CERRO SUR EL SOBRANTE CA 94803 $1,424.85 24-611-000-0451-00 441 KRAFTST HICKERSON WILLIAM 441 KRAFT ST MUSKEGON Ml 49442 $252.70 24-611-000-0391-00 482 KRAFT ST JDR PROPERTIES LL PO BOX 145 FRUITPORT Ml 49415 $2,545.84 24-610-000-0120-00 1210 LAWRENCE AVE OAKES KEISHA 1210 LAWRENCE AVE MUSKEGON Ml 49442 $128.87 24-610-000-0121-00 1228 LAWRENCE AVE COUNTY OF MUSKE 990 TERRACE ST MUSKEGON Ml 49442 $3,381.20 24-610-000-0123-00 1250 LAWRENCE AVE CAREY JAMES JR/M 1250 LAWRENCE AVE MUSKEGON Ml 49442 $379.04 24-610-000-0124-00 1264 LAWRENCE AVE ANDERSON EUGENE 1264 LAWRENCE AVE MUSKEGON Ml 49442 $1,370.87 24-610-000-0037-00 1462 LAWRENCE AVE CLEVELAND EMILY R 1462 LAWRENCE AVE MUSKEGON Ml 49442 $252.70 24-610-000-0039-00 1484 LAWRENCE AVE HARRIS COREY 1484 LAWRENCE AVE MUSKEGON Ml 49442 $505.39 24-613-000-0835-00 1322 LEONARD AVE CALKINS CHARLES/A 8551 LOCK 17 RD BESSEMER AL 35023-7 $126.35 24-611-000-0185-00 1208 MARCOUX AVE CENTURY PARTNER 300 E BELTLINE NE GRAND RAPID Ml 49506 $126.35 24-610-000-0184-00 1211 MARCOUXAVE CHAMBERS DARELL 1211 MARCOUX AVE MUSKEGON Ml 49442 $1,496.85 24-610-000-0183-00 1221 MARCOUXAVE HARDIMAN CLAYTON 1221 MARCOUX AVE MUSKEGON Ml 49442 $126.35 24-610-000-0180-00 1261 MARCOUX AVE HAWKINS EDDIE 1261 MARCOUX AVE MUSKEGON Ml 49442 $499.07 24-610-000-0179-00 1279 MARCOUX AVE BAHR KENNAN J 1279 MARCOUX AVE MUSKEGON Ml 49442 $454.85 8/31/2004 9:08 PM Page 7 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-610-000-0177-00 1301 MARCOUX AVE WORKMAN GARRY A 1347 DUDLEY AVE MUSKEGON Ml 49442 $1,222.05 24-611-000-0191-00 1302 MARCOUX AVE BURREL ONESIPHOR 212 SCHOOL ST MUSKEGON Ml 49442 $377.78 24-611-000-0192-00 1308 MARCOUX AVE HASKINS TONI 1433 WESLEY AVE MUSKEGON Ml 49442 $1,165.24 24-610-000-0176-00 1309 MARCOUX AVE SMITH JOYCE L 1309 MARCOUX AVE MUSKEGON Ml 49442 $1,183.69 24-610-000-0175-00 1319 MARCOUX AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,979.67 24-611-000-0197-00 1354 MARCOUX AVE WOODS JESSIE I 1354 MARCOUX AVE MUSKEGON Ml 49442 $1,499.24 24-610-000-0172-00 1361 MARCOUX AVE BURT JASON 15357 NICKOLAS DR GRAND HAVENMI 49417 $1,165.24 24-611-000-0201-00 1390 MARCOUX AVE MALONE MABLE J 280OTTAWAAVE MUSKEGON Ml 49442 $1,036.05 24-611-000-0203-00 1428 MARCOUX AVE TIMMER JOYCE M 1428 MARCOUX A VE MUSKEGON Ml 49442 $416.95 24-611-000-0205-00 1442 MARCOUX AVE WARREN SHERISSA 1442 MARCOUX A VE MUSKEGON Ml 49442 $138.98 24-610-000-0008-00 1465 MARCOUXAVE COUNTY OF MUSKE 990 TERRACE ST MUSKEGON Ml 49442 $505.39 24-611-000-0208-00 1476 MARCOUX AVE DIXON JOHN/DELAM 1488 MARCOUX AVE. MUSKEGON Ml 49442 $221.11 24-611-000-0209-00 1488 MARCOUX AVE DIXON JOHN L 1488 MARCOUX AVE MUSKEGON Ml 49442 $246.38 24-611-000-0210-00 1496 MARCOUX AVE BROWN JEANETTA 1496 MARCOUX AVE MUSKEGON Ml 49442 $1,497.33 24-611-000-0211-00 1506 MARCOUX AVE MITCHELL ELOSSIE 1506 MARCOUX AVE MUSKEGON Ml 49442 $265.33 24-610-000-0002-00 1535 MARCOUX AVE STARK DOUGLAS R/ 1535 MARCOUX AVE MUSKEGON Ml 49442 $712.25 24-611-000-0213-00 1542 MARCOUX AVE GARCIA MARIA E 1542 MARCOUX AVE MUSKEGON Ml 49442 $1,256.63 24-611-000-0214-00 1554 MARCOUX AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $511.71 8/31/2004 9:08 PM Page 8 of 13 HEARING DATE AUGUST 31 , 2004 H-1572 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 885 MARQUETTE AV LEWIS HANNA B 2303 JACQUELINE DENTON TX 76205 $126.35 24-612-000-0604-00 1085 MARQUETTE AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $262.80 24-612-000-0492-00 1192 MARQUETTE AV COMPRISE LLC 187 FORRESTER SE GRAND RAPID Ml 49508 $126.35 24-613-000-0770-00 1215 MARQUETTE AV BANK ONE NATIONA 9350 WAXIE WAY STE SAN DIEGO CA 92123 $391.68 24-611-000-0486-00 1259 MARQUETTE AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,048.86 24-611-000-0482-00 1410 MARQUETTE AV HILLIARD AARON B 1410 MARQUETTE AV MUSKEGON Ml 49442-1 $126.35 24-613-000-0910-00 1439 MARQUETTE AV BRUSH MARY J ET A 1439 MARQUETTE AV MUSKEGON Ml 49442 $246.38 24-611-000-0446-00 1450 MARQUETTE AV DAVIS DIEDRA L 1450 MARQUETTE AV MUSKEGON Ml 49442 $504.11 24-180-000-0002-00 24-611-000-0465-00 1461 MARQUETTE AV LIVINGSTON PETER PO BOX 1771 MUSKEGON Ml 49443-1 $126.35 1465 MARQUETTE AV WHITE GARY W JR 1465 MARQUETTE AV MUSKEGON Ml 49442 $252.70 24-611-000-0464-00 1481 MARQUETTE AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $972.88 24-611-000-0462-00 24-613-000-0902-10 1494 MARQUETTE AV GLOVER GARY 1494 MARQUETTE AV MUSKEGON Ml 49442 $488.96 1517 MARQUETTE AV MCKINLEY MICHAEL 864 SPRING ST APT 4 MUSKEGON Ml 49442 $871.80 24-611-000-0459-00 .. ~ -:to w /..,/4,L C-~e'2. -- /bnov /",lT /fa-So~&::.-o -X,- 24-613-000-0900-20 1526 MARQUETTE AV KALA VITZ GORDON 15646 LAKE AVE GRAND HAVENMI 49417-8 $631.74 24-122-100-0005-00 1675 MARQUETTE AV CARPENTER INSURA 1675 MARQUETTE AV MUSKEGON M l 49442 $265.33 591 MARY VANDAM MICHAEL 591 MARY MUSKEGON Ml 49441 $994.35 24-612-000-0642-00 24-612-000-0622-00 484 MARY ST CARTER KEITH UGIL 484 MARY ST MUSKEGON Ml 49442 $126.35 24-612-000-0639-00 561 MARY ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $252.70 8/31/2004 9:08 PM Page 9 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-613-000-0681-00 254 MEEKING ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $252.70 24-613-000-0683-00 270 MEEKING ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $520.55 24-613-000-0671-00 317 MEEKING ST PROCTOR VIKA 317 MEEKING ST MUSKEGON Ml 49442 $138.98 24-613-000-0670-00 323 MEEKING ST RONE JACQUELINE 323 MEEKING ST MUSKEGON Ml 49442 $882.67 24-613-000-0755-00 1175 MORGAN AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $385.36 24-613-000-0734-00 1188 MORGAN AVE HOLMBERG WILLIAM 1188 MORGAN AVE MUSKEGON Ml 49442 $1,907.85 24-613-000-0750-00 1241 MORGAN AVE AUSTIN MICHAEL 0 1241 MORGAN AVE MUSKEGON Ml 49442 $758.09 24-613-000-07 46-00 1271 MORGAN AVE MCWHINNIE TODD 1276 ADAMS A VE MUSKEGON Ml 49442 $272.91 24-613-000-0743-10 1274 MORGAN AVE OLSON DONN M 1274 MORGAN AVE MUSKEGON Ml 49442 $271.65 24-613-000-0868-00 1294 MORGAN AVE TRUITT PROPERTY PO BOX 0731 MUSKEGON Ml 49443-0 $126.35 24-613-000-0870-00 1318 MORGAN AVE RICHARDS TIMOTHY 1318 MORGAN AVE MUSKEGON Ml 49442 $657.01 24-613-000-0863-00 1323 MORGAN AVE ST AMOUR ANNA 1323 MORGAN AVE MUSKEGON Ml 49442 $101.08 24-182-000-0026-00 1425 MORGAN AVE CHOICE PROPERTIE 1893 GREENWOODS JENISON Ml 49428 $209.74 24-182-000-0025-00 1441 MORGAN AVE FOSTER EYVETTE Yi 1441 MORGAN AVE MUSKEGON Ml 49442 $635.53 24-182-000-0023-00 1463 MORGAN AVE HAYNES JOHN 1463 MORGAN AVE MUSKEGON Ml 49442-0 $822.52 24-613-000-0889-00 1482 MORGAN AVE WILLIAMS JAMES/JE 1482 MORGAN AVE MUSKEGON Ml 49442-1 $1,134.60 24-61 0-000-0056-00 1422 OAK AVE BIBBS COREY E/TRA 1422 OAK AVE MUSKEGON Ml 49442 $391.68 24-760-000-0066-00 556 QUARTERLINE R TURRELL WILLIAM 1426 NEECE MUSKEGON Ml 49441 $397.99 8/31/2004 9:08 PM Page 10 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-613-000-0776-00 317 ROBERTS ST HOLMES KEVIN S 317 ROBERTS ST MUSKEGON Ml 49442 $266.59 24-613-000-0790-20 320 ROBERTS ST HALLMARK HOMES 2027 HYDE PARK RD N MUSKEGON Ml 49445 $260.28 24-613-000-0790-30 332 ROBERTS ST HALLMARK HOMES & 2027 HYDE PARK RD N MUSKEGON Ml 49445 $126.35 24-613-000-0771-00 371 ROBERTS ST SELANDER DAVID H 371 ROBERTS ST MUSKEGON Ml 49442 $252.70 24-613-000-0865-00 262 SCHOOL ST MARTINEZ CECILIA Y 262 SCHOOL ST MUSKEGON Ml 49442 $75.81 24-611-000-0310-00 539 SCHOOL ST NELSON ALMA 539 SCHOOL ST MUSKEGON Ml 49442 $126.35 24-611-000-0253-00 586 SCHOOL ST TENBRINK ETHEL M 586 SCHOOL ST MUSKEGON Ml 49442 $838.00 24-611-000-0237-00 621 SCHOOL ST WILLIAMS ALMA 621 SCHOOL ST MUSKEGON Ml 49442 $1,075.42 24-611-000-0190-00 635 SCHOOL ST MEEKS KEVIN/WINTE 376 W GRAND AVE MUSKEGON Ml 49441-2 $94.76 24-612-000-0556-00 1026 WESLEY AVE WILSON WILLIE C JR/ 1026 WESLEY MUSKEGON Ml 49442 $252.70 24-612-000-0560-00 1064 WESLEY AVE KIEFT DEBORAH 1064 WESLEY A VE MUSKEGON Ml 49442 $240.06 24-612-000-0562-00 1080 WESLEY AVE GRAY JAMES E/LOUI 1080 WESLEY AVE MUSKEGON Ml 49442 $246.38 24-612-000-0563-00 1094 WESLEY AVE HERRERA SANTIAGO 1094 WESLEY AVE MUSKEGON Ml 49442 $868.10 24-612-000-0490-00 1188 WESLEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,400.44 24-611-000-0246-00 1212 WESLEY AVE BURREL ONESIPHOR 212 SCHOOL ST MUSKEGON Ml 49442 $128.87 24-611-000-0244-00 1215 WESLEY AVE CLINCY MARKE/BET 1215 WESLEY AVE MUSKEGON Ml 49442 $1,122.63 24-611-000-0241-00 1245 WESLEY AVE BRUSH DAVID/KIMBE 1245 WESLEY AVE MUSKEGON Ml 49442 $544.86 24-611-000-0250-00 1258 WESLEY AVE CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $145.30 8/31/2004 9:08 PM Page 11 of 13 H-1572 HEARING DATE AUGUST 31, 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL 24-611-000-0239-00 1263 WESLEY AVE GREAT LAKES HOUS 2897 TAFT SW SUITE WYOMING Ml 49509 $252.70 24-611-000-0255-00 1312 WESLEY AVE ZACKERY RICHARD 1312 WESLEY AVE MUSKEGON Ml 49442 $126.35 24-611-000-0257-00 1330 WESLEY AVE N & N ASSOCIATES L 420 CARMEN DR SPRING LAKE Ml 49456 $1,247.29 24-611-000-0232-00 1349 WESLEY AVE MCBRIDE REGINA F 1349 WESLEY AVE MUSKEGON Ml 49442 $1,346.37 24-611-000-0231-00 1361 WESLEY AVE ASHLEY MONNIE 480 CRESTON ST MUSKEGON Ml 49442 $252.70 24-611-000-0228-00 1389 WESLEY AVE COLLISON GLENNA 1389 WESLEY AVE MUSKEGON Ml 49442 $248.40 24-611-000-0226-00 1421 WESLEY AVE BRUCE ROYLES/BILL 616 CRESTON AVE MUSKEGON Ml 49442 $3,790.43 24-611-000-0222-00 1457 WESLEY AVE CARSON CATISA 1457 WESLEY A VE MUSKEGON Ml 49442-2 $758.09 24-611-000-0272-00 1524 WESLEY AVE ASHLEY JEFFREY R/ 1524 WESLEY AVE MUSKEGON Ml 49442 $252.70 24-611-000-0274-00 1560 WESLEY AVE TATE SHAWN M 1560 WESLEY AVE MUSKEGON Ml 49442 $1,250.84 8/31/2004 9:08 PM Page 12 of 13 H-1572 HEARING DATE AUGUST 31 , 2004 SW2004 RESIDENTIAL SPECIAL ASSESSMENT ROLL PARCEL @ OWNER MAILING ADDRESS TOTAL TOTALS $132,852.73 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPl BOARD OF ASSESSORS 'LIFF TURNER·J'7CTOR.COUNTY JOUALIZATIOr□Wt7 . FL (>f~ \ J?-f- ✓ ~~J~ON CITY COMMISSIONER DATE ~ / ~. q,£?--oc.r LAWRENCE SPATAR~ISSIONER DATE 8/31/2004 9:08 PM Page 13 of 13 City of Muskegon Engineering Department Memo To: S. Warmington, Mayor From: Mohammed AI-Shatel CC: City Commissioners B. Mazade, City Manager B.Kuhn Date: 08/23/04 Re: Sidewalk Replacement Program for 2004 Attached is a letter that we have received from the property owner at 1525 James St. expressing concern over the assessment amount against that property. Also attached are a copies of the notification letter we originally sent back in June of 2003 describing the defective drive approach, the detailed charges for the work performed, and the confirmation letter showing the total assessment. In the first notification letter, it was pointed out that, a 21.3 square yard drive approach was in need of replacement. The letter states "the City will complete the work and assess the associated costs to you". The actual assessment amount of $1,124.94 (removal, construction and engineering charges) was based on 23.17 square yards of concrete. As you can see, the square yard quantity did not change by much. The figure that the property owner is referring to may have been the results of miscommunication due to failure to take into account the engineering costs and removal costs. O:\ENGINEERING\COMMON\2004 PROJECTS MASTER\Projects\SW04\Memo-1525 James.doc August 20, 2004 City of Muskegon Engineering Department P.O. Box 536 Muskegon, Ml 49443-0536 Re: H-1572 24-611-000-0337-0 Since you never advised even an estimate on what the charges would be to replace the drive approach, I called your office in April and was told I could expect this to be between $600-700, while this was not exact, it was a "close estimate". I have a single car width drive. After a very long period of unemploymeut and just starting to work again, I had very little options but to go along with this. Imagine my surprise to receive a bill for $1,124.94, more than $400 what I was quoted. This was a gravy job for a contractor to come in and do, they are hardly 'affordable.' It was bad enough to have you make the decision based on someone's assumption that a tiny corner of my approach, where it collllects to the street, was¾" too high, an area, by the way so close to the curb it would be almost impossible for it to be a danger to anyone. I would appreciate knowing how it jumped so high in such a short period. While I callllot miss work to be at this meeting on 8/24, I can certainly write to express my opinion about the charges incurred. Judy VanDerHoeven 1525 James Ave Muskegon,MI 49442 RECEIVED CITY OF MUSKEGON AUG 2 3 2004 ENGINEERING DEPARTMENT I •I SIDEWALK REPLACEMENT PROGRAM FOR 2004 DETAILS BY PARCEL NUMBER I I PARCEL NUMBER: 24-611-000-0337-0 NUMBER: 29 FOR PROPERTY ADDRESS: 1525 JAMES AVE I OWNERS NAME: VANDERHOEVEN JUDITH G I OWNERS ADDRESS: 1525 JAMES AVE OWNERS CITY : MUSKEGON I OWNERS ZIPCODE : 49442 OWNERS STATE: Ml I CONCRETE CURB I 0 L.F.@ $22.6131 /L.F. = $0.00 CONCRETE DRIVE APPROACH I 23.17 SQ. YD.@ $35.9150 /SQ.YD.= $832.15 CONCRETE DRIVE APPROACH (REMOVAL) I 23.17 SQ. YD.@ $12.6367 /SQ.YD.= $292.79 I CONCRETE SIDEWALK 0 S.F. @ $5.0539 / S.F. = $0.00 I I I TOTAL FOR THIS PARCEL= $1,124.94 I I I I I August13,2004 I VANDERHOEVEN JUDITH G 1525 JAMES AVE I MUSKEGON, Ml 49442 29 Property Parcel Number: 24-611-000-0337-00 at 1525 JAMES AVE I NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL I Dear Property Owner: I The Muskegon City Commission has previously approved the project described below and will now consider final confirmation of the special assessment roll: H-1572 Sidewalk Replacement Program for 2004 Public Hearings •I A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, August 24th, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the special assessment. Written appearances or objections must be made at or prior to the hearing. YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT •I EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS CONFIRMED ON AUGUST 24th, 2004, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334- 6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, II OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. I The total cost of the project will be paid by special assessment to property owners. If the special assessment is confirmed, your property will be assessed $1124.94 for the work performed. Following are the terms of the special assessment: II Assessment Period: Ten (10) Years Interest Rate: 5.00% - • First installment $112.49 per year Due Date: October 25 th , 2004 -11 Affirmative Action • _(231)724-6703 FAX: (231)722-1214 I Assessor/Equnlization /231)724-6708 J1AX: (231)726-5181 June 20, 2003 Cemetery De11artment /231)724-6783 FAX: (231)726-5617 • Citv Manager 31)724-6724 West Mlchlgan's Shorelh1c City , AX: (231)722-1214 Civil Service VANDERHOEVEN JUDITH G IFAX, (231)724-6716 (231)724-4405 1525 JAMES AVE MUSKEGON.Ml 49442 254 Clerk /2311724-6705 FAX: (231)724-4178 lommunity and Neigh, Services Dear Property Owner: /231\724-6717 FAX: (231)726-2501 As part of the continuing sidewalk replacement program in the City of Muskegon, we have recently inspected the sidewalk abutting your property. This program is in response to the policy lomputer Info. ,2Jn;~~~ 6744 9 that the City Commission has adopted to improve the sidewalks throughout the City. The FAX: (231)722-4301 improvement of the sidewalk serves a dual purpose. First, it reduces the hazards of broken or uneven sidewalk that is a liability to the City as well as the property owner. Second, improvement ln,ineerin_g_ De11t. . /231)724-6707 of the sidewalk enhances the neighborhood resulting in property owner pride leading to higher li'AX: (231)727-6904 property values. l.]ff{;~e4!l'7'l~ Sidewalk in need of replacement has been marked with an "X" during our inspection. In addition; ~AX: (231)724-6768 we have marked drive approaches and service walks that need to be replaced to eliminate hazardous conditions. We have also noted where sidewalk does not exist. If more than one-half of your block currently has sidewalk on your side of the street, any locations without sidewalk will be required to have sidewalk installed. lr ncomeTa, 231 724-6770 A!!: (231)724-6768 According to City ordinance (74-81) the property owner adjacent to the sidewalk is responsible for its maintenance. In our inspection of the property listed below, which according to our tax records is owned by you, the following estimated quantities need to be replaced: IiJifffl~~i!tr•iccs AX: (231)728-4371 PROPERTY ADDRESS: 1525 JAMES AVE PARCEL# 24-611-000-0337-00 I Leisure Services 3 l\724-6704 ESTIMATED TOTAL FEET OF SIDEWALK:0 r AX, (231)724-1196 ESTIMATED TOTAL FEET SW ACROSS DRIVEWAY: 0 DRIVE APPROACH: 21.3 SYD. . ,1Nifi~1.~{8ie SERVICE WALK: False FAX: (231)722-1214 lllannine/Zoning The City allows the property owner to make their own repairs or hire an independent contractor to "v1~?t2~fj/f4.6790 make the necessary repairs providing that the work is completed under the City's regulations and guidelines. If you would like to complete the required work in this manner, you or your contractor l ~olice Department Jl31)724-6750 FAX: (231)722-5140 must obtain a permit from the City Engineering Department no later than December 1, 2003. The permitted work must be completed within 90 days of the date of permit issuance, except for the months of November through March which will not be counted as part of the lPAli, ,~ubllc Works Dept. 231 724-4100 (231)722-4188 90 days due to weather. If you would prefer to have the City make repairs, there is no need to obtain a permit The City will complete the work and assess the associated costs to you. Treasurer's Office 11}3 ll724-6720 If AX: (231)724-6768 254 Waler Filtration ll .?31)724-4106 AX, (231)7'5-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 www.shorelinecitv.com N & N ASSOCIATES 420 CARMEN DR. SPRING LAKE, MI 49456 616-842-7584 August 24, 2004 City of Muskegon 933 Terrace St. P.O. Box 536 Muskegon, MI 49443-0536 RE: Special Assessment roll: H-1572 Address: Vacant Lot 1330 Wesley, Parcel#: 24-611-000-0257-00 Dear Muskegon City Commission Regarding the above parcel, we object to special assessment in the amount of $1,247.29. Prior to the beginning of this project, this drive approach was in acceptable condition. However, during construction, it became apparent that the contractor's heavy equipment had broken off a corner of the drive approach. This matter was discussed with a representative of the contractor and we were informed that the problem would be rectified. It is now apparent that the correction was to replace the approach and assess us for the repair. This is not acceptable. Before construction, this drive approach was in better condition than others that were not replaced. As the decision to replace it was made by the contractor as a way to resolve their mistake, we believe that we should not be charged. Again, as the replacement was necessitated by contractor error and not due to general deterioration, the cost ofreplacement should be born by the contractor, not the owner. Therefore we object to the special assessment. If you have any questions, please contact me. Sincerely /J (PJ Rt~Cll~ c.rt~ ' ~~ frf///t,4-~L-<,, David E. Bancroft Member N & N Associations, LLC SIDEWALK REPLACEMENT PROGRAM FOR 2004 DETAILS BY PARCEL NUMBER PARCEL NUMBER: 24-611-000-0257-0 NUMBER: 10 FOR PROPERTY ADDRESS: 1330 WESLEY AVE OWNERS NAME: N & N ASSOCIATES LLC OWNERS ADDRESS : 420 CARMEN DR OWNERS CITY: SPRING LAKE OWNERS STATE : Ml OWNERS ZIPCODE : 49456 CONCRETE CURB 0 L.F.@ $22.6131 /L.F. = $0.00 CONCRETE DRIVE APPROACH 25.69 SQ. YD.@ $35.9150 I SQ. YD.= $922.66 CONCRETE DRIVE APPROACH (REMOVAL) 25.69 SQ. YD. @ $12.6367 I SQ. YD. = $324.64 CONCRETE SIDEWALK 0 S.F.@ $5.0539 / S.F. = $0.00 TOTAL FOR THIS PARCEL= $1,247.29 RECEIVED All p t1 • , Roy McDonald Cit Clerks Office 1322 Wesley Muskegon, Ml 49442 Regarding the drive approach at the vacant lot east of my house at 1322 Wesley, I observed the following. The drive approach that was replaced was in better condition than the drive approach at my house which was determined did not need replacing. I observed that the contractor's equipment broke off a corner of the drive approach during construction. I know that a representative of the property owner discussed this matter with the contractor. The owner of the property should not be charged for the replacement as there was nothing wrong with the drive approach prior to the contractor's error. Sincerely ~ ~ .Jl{el5 tflAA ~ j) /) Ro; ~ Donald -,,~ nee;,r 5i, or· Ma!!!.; . ,_l defenrrly orf(JJ<"J 'k' Ci,1"'1 Tie.. ra.te i/1 (_IAED>e for- tl,c s1levc1. (k-. re/arr ,le >11/ 15 ff::'f:#t'Y 25- ft:tT OuT on hoth ;;/ff of Tie f'OaJ' 1/2qf-- i5 Tlie cny'r r<:"Jf)n5/h;lry 7o f'1a-t1J1'z1;1 y{P 51Jvo/lrf f 0 Fr ve '/ e~ r-5 ay O iii e c11; \,,./curter/ Cl. J;r /fl Cf'C"'t.rJe C c;o IT tfucee,f .,f &f1 T/2f ba. ffo, .tf: 1if' r:/fctic// f'ofl; 0,11;/~e p;/;(,c_ rut('cfJt cl0"1,/f/ ~ t1Nf) (/) q ((;\,c./' Jo rip cr}y 1 clorec· 'Y/2e _cl -Skt',l\ 10~; 4q·J~;; ( city) (state) (zip) APPELLANT SIGNATURE: (¼/\/2fl ~¼Yrv'r/ TELEPHONE (between 8 a.m. - 5 p.m.): 1)]- 3 J-y0 HOME TELEPHONE: _ _ _,al.,,G""'l'--"'J.:;;f;;...,,,- - - - - - - - I ' ' . 3'" CY\ I /'1 ,J ('(\ / r: ,:, I ) :Ve:. '('(\ ' {\ ,. ,,(. /"· I'JO( d :.·, I ' ('' 0,,, •, /vt, / DO NOT WRITE BELOW--OFFICIAL u~:~ EQNc·~?:' IV ED PLATE#: I,"-" ;L, n•TV ('\:: 0111 iq{F('()N 1. ! ' PARCEL#: _ _ _ _ _ __ JUL 1 7 2C03 APPEAL HEARING DATE AND TIME: _ _ _ _ _ _ __ APPEAL BOARD ACTION: _ _ _..,....._ _ _ _ _ ___:'-;;!.,µ.·~·-· t\\\i >':\f, I _';...·•. ·~·•,:'i._I.,' ;1 .1_._:fI_·· ' 1_ · · ; . . , . · · , - 0 .p,,4-7 ,:;::,ve /4" ·, ,~: , ff/COMMONIDEPTMENT/ENGINEER/APPEAL(AMIPRO) RECEIVED CITY OF MUSKEGON JAN 2 7 2004 ENGINEERING DEPARTMENT f~l}.f2q_e//lfo. :)..1,- 6 /0-000-0010 -oo JAN 2 7 2004 ENGINEERING DE TMENT /h A ke yo u fo lrr#.l:-tr;.,-....-,~ , . I I} L IJ. S;;dew!¼fk C/efec-f- ,4 r niy tze_riJ-eN<'e Jf 0(2 1J-boii.f- l9q71 J bf2.D<.(9/,f- f--1-,-e, cle ,Ped- io f/..-e 1t-+ferviot--1 a i 11.-e.. (!_, f1 ' AµJ·-fo D1A-Me /\1.AbP-~hA-14,ef/r-,eQ,h 1 Co fH-1"- U'-' ;fy l'ffscY Ne,? /4 /,_e,12,/200,i c:;-,,,,_~,~-eJ , The /2<:p/J-lfG Wff-> clol,Je bl/-11~ (!,fy o/G +herrco I 4~~/U+, I+ i's 14._Y opi~r~v f-Afl-.,f---f-1.e, '/ {2 e IP A- ; Yl u.) ,,. ~ /JIDf .A--c~ ~ CL t,l A,,t C, I /N +h A- f- i/1 -e (2.oc,f 5fR-uaTuV<.e o f ~ /4- Nt?A-R. by -t-r2. -ee u) A-S 1J ot (l ui- /4-001ty pRopeely (} ,-0-,g ~ \ . J::> /J-fj e_ 2.. a ~ 2-- -r-N ec3JH;o-_J : fi:126A Alo. 7- f,et,P,-c,.,to~~ /N /}QC0(2c\ v->:+( It- t--JoTiG-e T f2e(l,£/~e_J 5ee S:; f Cl A-,keµ A5 oN e 1hA-(-, -/he, lf 1..w; // ~~ JR-e:s s , -,A~f-Jk y(oc.i ~~=/~ (J(J(~ A*I ,_A_., z;__,_,,___,'--< c/ I.,_, e_" &-c /: !, --"-/fu., UM~[JT!lOLA~ME~ND@JE~D~SE~R!JVl~CE~A5.iG!!3R!EE~!J!r This Addendum, is entered into by and b~een lhe Colll\ty of Muskegon, Michigan, by lllld through its Depllrlment of Public Woi:ks [hereinafter 1efeued to as the "County"1, and Laketon Township, City of Montague, Dalton Township, City ofNortcm Shores, Whitehall Township, City of Whitehall, Muskegon Cllarler Township, City of North Muskegon, Egelston Township, Fruitport Charter Township, City of Muskegon, City ofRoosevelt Park, City of Muskegon Heights, Fruitland ToWDShlp [hereinafter referred to as the "Local Unilli'1, WlTNESSETH; WHEREAS, on July 7, 1998, a Consent Judgment W1IS entered in the c;ase o f ~ States of AmeriCll, et. al., vs. County of Muskegon, et. al., C!Vil Action Number 1:97 CV 486 · (WD Michigan), which Consent Judgment incotp0ratcd byrefeKnce an "Amended Service Agree111cnt" between County and Local Unit.'!; and WHEREAS, the pwpose of both Consent Judgment, and incoIJ>oratcd Amended Service Agr:ccmcnt, was to clarify rights and re. Bl SER.VlCE A ~ . d ~ l nuu- 1~rcUU'i r/\1 11 • U0 Mil LC.WI.) rtc.r.u ~ MLLC.1'1 n... rHt\ NU. l'.Ot:180,:H4j~ r. u 1111 08/12/2004 THU 15:06 FAX 231 724 4700 CORPORATE COUNSEL ➔➔➔ LEWIS RliED ~004/00~ Draft #2 1/IVOo(gm) NOW THEREFORE, it is agn:i:d as follows: I. Effect Upon Existing Ammded Serytce Agreement That except as •"Jlccificallymodified or amended below, all terms and corulitiom as set forth in Am11nded Service Agreement shell remain wialtcrod, and in full force and effect. G Ptovision for Fln•nclal Relief to Sapp! Fin~ P a p ~ By execution of this ''First Addendwn", the County and Loo.al Units acknowledge that they have individually, and collectively, made a determination that it is in the best interest of the System that the System's primary customer, Sappl Fine Paper, which historically has accounted fur •!'Proximately fifty percent (50%) of all flow to System, be afforded finaacial relief in accordance with the more specific tenns awl conditions hereinafter set forth in order to assist Sapp! ln maintaining marketplace competitiveness and firumcinl viability. To such end, the parties more specifically agree as follows: A, Debt. obligation ~socialed with existing $17 million bond. Effective October I, 2003, any industrial customer that discharges !Ill annual avera8e flow of l 0 milllo11 gallollB per day shall be acc:orded a forty percent (40%) "volume discount", This trmslates into a payment factor of .6 on service/debt charged imposed in conn~on with the retirement of such debt. Any such indoslry satisfyin8 such n,quirement shall, as appropriate, be entitled to tebat<> consistent therewith within sixty (60) days of execution of this agreement by n.11 Locnl Units. 'Inls is in rofctQnce lo existing $17 million bond issue. 11.,WPOATAILARKIN\Wffll\FIR.ST AODllNOUM TO AMllNDlll) SBI\VICB AORllllMBNT.do< 2 HUl,-1;i-~uuq rl B. Debt Obligation Associated with Existing S23 and S2,3 url!lion Bond Issues Effective Octobet 1, 2003, any industrial customer that discharges an annual average flow oflO million gallons per day shall be entitled to a forty percent (40%) ''volume discount" on payments which otherwise would be required to be Inllde pumlllnt to the Muskegon County Wa.stBWater Management System-No. 1 C8!'acity Allocation Contract, July 27, 1989 version. This translates into a factor payment of .6 of service/debt imposed in connection with the retimnent of such debt, should otherwise be payllbk by any customer thereof. Rebate, as appropriate, shall be provided withirt sixty (60) days of execution of this Agreement by all T..ocal Units. This is in reference to a $2.3 million bond issue referenced in Capacity Allocation Contract. C. Debt Obligation on Future Bond Payments Bffccttveupon execution of chis Agreement by ell Local Units, industries dischareJne an llmlnal average flow of 10 million gallons per day shall be entitled to a forty peroent (40%) ''volume discowt'' in connection with th; service/debt chnrgc associatd with any future bond pa)lments. This translates into a factor pa)'fflent of .6 of service/debt charge customarily charged. III, Effect Upon E,cntlng Capacity Allocation Agmpnc11t A. Canacitv Nothing in this Addendum •hall be construed, nor have the effect, of impairing the capacity righu of any signator to the, Capacity Allocation Agreffl,ent, all of which rights shall oontinue in full force and effect. ff~WPl>Al'A\I.ARKIN\W•l"'f'IRST AllDENl>UM TO A).IDl]lllt) SEltVJC£ AGIW!MENT.doo Huu- 1J-cuuq rf(l 11 , uo Hl'I LtW l ~ Kttu l'x HLLtN n; r AX NU, ,'tji:J~b:J 143!:J P, 09/11 08/12/2004 TllU 15:06 FAX 231 724 4700 CORPORATE COUNSEL ➔➔➔ LEWIS REED ~ UUli/UUij Draft #2 anW«pm) B. Transference of C.@P.acity Except as specifically provided below, the pro\'isions of the Capacity Allocation Agreement, relating to the transfcmice of capacity, shall r=in in Ml force 1111d effect. However, recognizing that there is a critical need to lessen, or climinati: barriers to enhancing customer base, and .recognizing further that the existence of su:rplus e3pacity has lessened, if not eliminated, the practical value of such capacity as a @mmodity available for sale or transfer for monetary consideration, the County and Local Unit& hereby agree that !here shall be no payment required to be made by any transferee of capacity, either to the System, or the tr1lnSfcror, either under capa~ity allocation or Access Rights Agreement Provided, however, that any such transferee of capacity shall prospectively remain fully obligated for future bond pa)'IIlents llllder the Capacity Allocation. Agreement. JV. EfFECTIVE!\'ESS &''P DJJ]¼.TION' OF AGREEMENT A. Effectiveness This Agrccmoo! shall be deemed lo be ill full force and effect following execution of some by !he County and all of the aforementioned Local Units and following e:tecutiou of appropriate "consent" forms by the Service Agreement industries, or their successors, as teferenced in Exhibit l of the Capacity Allocation Agreement. Such "consent" shall be in form acceplable to County Corporate Counsel. 4 HUIJ- 1..1-cuu4 r ru 11 • uo HI I LC.W 10 nr.r.u ~ HLLC.i'i n.1 r HA J'lU, c:m,:X)J J 4,.1::, r. l U/ l J -08/12/2004 Tllll 15:06 FAX 231 724 4700 CORPORATE COUNSEL ➔➔➔ LliWI~ lilihU ll!!UUI/UU~ Draft #2 Muo,r,,.,, Finally, in the event llllY provision of this Addendum Agreement shall be detennined to be unlawful, or unenforceable by a court of competent jurisdiction, or in the event such Agreement shall be legally challenged by any Setvice Agc-.:.erncnt industcy as above referenced, then this Agreement shall be deemed automatically null and void from such date forward. B. Duration This Agrc .t.TA\LARXJN\Wa~IR.St· AODRNDUM TO I\MENDBD SElV(CR AGRV8M~.4o,c s IIV'-" ,. v LVV"T I al 1 1 • vv 111 l L.LO 1 U J\LLV U l lLLLl1 I V I nH llV, LUClJJV 1 '-tVV f , 1 I/ 1 1 08/12/2004 TI!1l 15:07 FAX 231 724 4700 CORPORATE COUNSEL ➔➔➔ lliWlS KE~U ~ uua1uua Draft #2 ""m«,m> CITY OF MONTAGUE TOWNSHIP OF EGELSTON lly: By: - - - - - - - - - Its: Its: FRUITPORT CHARTER TOWNSHIP By; liy: !ts: Its: By: By: Its: !~: CITY OF !WOSEVELT PARK TOWNSIDP OF WHfffil.fALL By: - - - - - - - - - Its: By: Its: CITY OF MUSKEGON HEIGHTS CITY OF WHITEHALL By:---------- Its: By: - - - - - - - - - Its: TOWNSHIP OF FRUl'l1,AND MUSKEGON CHARTER TOWNSRll' By:--------- !IS: By: Its: CITY OF NORUl MUSKEGON By: - - - - - - - - - - Its: H:IWPDATA\LU!ClNIWn1mFJRST ADDENDUM TO AMENDBD SBRV1CE AGREeMSNT.doe 6 FIRST ADDENDUM TO AMENDED SERVICE AGREEMENT This Addendum, is entered into by and between the County of Muskegon, Michigan, by and through its Department of Public Works [hereinafter referred to as the "County], and Laketon Township, City of Montague, Dalton Township, City of Norton Shores, Whitehall Township, City of Whitehall, Muskegon Charter Township, City of North Muskegon, Egelston Township, Fruitport Charter Township, City of Muskegon, City of Roosevelt Park, City of Muskegon Heights, and Montague Township, [hereinafter referred to as the "Local Units"]. WITNESS ETH: WHEREAS, on July 7, 1998, a Consent Judgment was entered in the case of United States of America, et al v County of Muskegon, et al, Civil Action Number I :97 CV 486 (WD Michigan), which Consent Judgment incorporated by reference an "Amended Service Agreement" between County and Local Units; and WHEREAS, the purpose of both the Consent Judgment, and incorporated Amended . Service Agreement, was to clarify rights and responsibilities of both the County and Local Units with respect to the management and operation of the Muskegon County Wastewater Management System Number I [hereinafter sometimes referred to as the "System"]; and, WHEREAS, the pmiies are desirous of executing a "First Addendum" to said Amended Service Agreement in order to provide financial relief to the System's major customer, Sappi Fine Paper, and, WHEREAS, both the County and Local Units deem it to be in the public interest, and in the interest of the customers of the System, that financial relief be afforded to Sappi. C:\DOCUME-l\kncslund\LOCALS-1\Temp\c.notes.daLa\fJRST ADDENDUM TO A/'v!ENDED SERVICE AGREEMENT-final-11-9.doc NOW THEREFORE, it is agreed as follows: I. Effect Upon Existing Amended Service Agreement. Except as specifically modified or amended below, all tenm and conditions as set forth in Amended Service Agreement shall remain unaltered, and in full force and effect. II. Provision for Financial Relief to Sappi Fine Paper. By execution of this First Addendum, the County and Local Units acknowledge that they have individually, and collectively, made a determination that it is in the best interest of the System that the System's primary customer, Sappi Fine Paper, which historically has accounted for approximately fifty percent (50%) of all flow to System, be afforded financial relief in accordance with the more specific terms and conditions hereinafter set forth in order to assist Sappi in maintaining marketplace competitiveness and financial viability. To such end, the parties more specifically agree as follows: A. Debt Obligation Associated with Existing $17 million Bond. Effective October 1, 2003, any industrial User that discharges an annual average flow of 10 million gallons per day shall be accorded a fmty percent (40%) "volume discount". This translates into a payment factor of .6 on service/debt charge imposed in connection with the retirement of the $17 million bond. Any such industry satisfying such requirement shall, as appropriate, be entitled to a rebate consistent therewith within sixty (60) days of execution of this First Addendum by the County and all Local Units. This is in reference to the existing $17 million bond issue. B. Debt Obligation Associated with Existing $23 and $2.3 million Bond Issues Effective October 1, 2003, any industrial User that discharges an annual average flow of 10 million gallons per day or more shall be entitled to a fmty percent C:\DOCU!VIE-l\kneslund\LOCALS-1\Temp\c.notes.data\FIRST ADDENDUM TO AMENDED SERVICE AGREEMENT-final-l l-9.doc 2 amount, together with interest calculated at the rate of 4% per annum prior to the expiration of this First Addendum. III. Effectiveness and Duration of First Addendum A Effectiveness This First Addendum shall be deemed to be in foll force and effect following execution of same by the County and all of the aforementioned Local Units. In the event any provision of this First Addendum shall be dete1111ined by a court of competent jurisdiction to be unlawful or unenforceable, all other provisions shall remain in full force and effect. B. Duration This First Addendum shall run concurrent with the Amended Service Agreement previously entered into between the County and Local Units. Provided, however, the provisions of Article II of this First Addendum, providing for financial relief for Sappi Fine Paper and/or other large Users, shall be deemed to continue through September 30, 2008 or, upon such date as Sappi Fine Paper's or other User's annual average discharge is reduced below the level of IO million gallons per day, calculated on an average mmual basis, whichever occurs first. The net effect, insofar as Sappi is concerned is that Sappi shall be eligible for up to five (5) annual reductions and/or rebates on debt. IN WITNESS WHEREOF, the pmiies hereto, by and through their respective boards and commissions, have executed this First Addendum, effective as of the ____ day of - - - ~ 2004. C:\DOCUME-l\kncslund\LOCALS-1\Temp\c.notes.data\FlRST ADDENDUM TO AMENDED SERVICE AGREEMENT-final-! J-9.doc 4 This First Addendum may be executed in mutual counterparts. COUNTY OF MUSKEGON TOWNSI-lfP OF LAKETON By its Board of Public Works By: - - - - - - - - - - - - By:------------ Louis McMurray Its: Chairman Its: _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MONTAGUE TOWNSHIP OF EGELSTON By: _ _ _ _ _ _ _ _ _ __ By: _ _ _ _ _ _ _ _ _ __ Its: _ _ _ _ _ _ _ _ _ _ _ __ Its: _ _ _ _ _ _ _ _ _ _ _ __ TOWNSHIP OF DALTON FRUITPORT CHARTER TOWNSHIP By:------------ By:------------ Its: _ _ _ _ _ _ _ _ _ _ _ __ Its: _ _ _ _ _ _ _ _ _ _ _ __ CITY OF NORTON SHORES CITYO_F~~~ By:-----~--'-------- By~,......_~_.,, Its: _ _ _ _ _ _ _ _ _ _ _ __ fts: Mayor TOWNSHIP OF WHITEHALL CITY OF ROOSEVELT PARK By:------------ By:------------ Its: _ _ _ _ _ _ _ _ _ _ _ __ Its: _ _ _ _ _ _ _ _ _ _ _ __ CITY OF WI-IITEHALL CITY OF MUSKEGON HEIGHTS By:------------ By:----------- Its: _ _ _ _ _ _ _ _ _ _ _ __ Its: ------------- MUSKEGON CHARTER TOWNSHIP CITY OF NORTH MUSKEGON By:----------- By:------------ Its: _ _ _ _ _ _ _ _ _ _ _ __ Its: _ _ _ _ _ _ _ _ _ _ _ __ TOWNSHIP OF MONTAGUE By:------------ Its: _ _ _ _ _ _ _ _ _ _ _ __ C:\DOCUME- 1\kncslund\LOCALS-1 \Temp\c.notes.data\ffRST ADDENDUM TO AMENDED SER VICE AGREEMENT-final-11-9.doc 5 City of Muskegon City Manager's Office Memo To: Mayor Warmington and City Comm'.~;1ners From: Bryon L. Mazade, City Manager i3(//V( CC: Gail Kundinger Date: 08/24/04 Re: Closed Session - Collective Bargaining I would like the City Commission to go into i;losed session at tonight's meeting to discuss collective bargaining relating to the police patrol unit. We had reached impasse with this unit and were preparing to go to binding arbitration in September, However, we are now close to a resolution and would like to discuss the matter with you. Thank yqu for your consideration.
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