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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
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~ 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'
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Return to:
CITY OF MUSKEGON CITY ENGINEER
POBOX536
SIDEWALK APPEAL 933TERRACE
MUSKEGON, Ml 49443-0536
TODAY'S DATE: 0£-d~·-o ✓
PROPERTY ADDRESS: I 5,::,2 ~ ·- / S- L/CJ '?
PROPERTY OWNER NAME: &-ote..po A.I ~ V I P - -
ADDRESS: /:5(; u ,L-!J,C.E HVc:'
c;;;:&tm//z 1/4.vd ;t, J/74£,/ 7
(city) (state) (zip)
APPELLANT SIGNATURE: ~;.:;Z'.J2...::£:::~L,.<l..Lf:.~~:af=~==::e:-=t:::==,_·
__
TELEPHONE (between 8 a.m. - 5 p.m.):
HOME TELEPHONE: &/ ~ 5(0 ;;J- - 0 7/0
PLEASE WRITE THE NATURE OF THE APPEAL IN THE SPACE BELOW
ff2;2£i:-5"f .
.t:j:+ Kc: 'ju, mdwtll-{'11{1-ll@!u·of//f't/,Jr)v l'i,2(, 1n1./i/£tdto
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DO NOT WRITE BELOW--OFFICIAL USE ONLY
PLATE#:
PARCEL#:
APPEAL HEARING DATE AND TIME: _ _ _ _ _ _ __
APPEAL BOARD ACTION: - - - - - - - - - - - - - - - - - ' ' - - - - -
H/COMMONIDEPTMENT/ENGINEER/APPEAL(AMIPRO)
01/22/2004 09:35 231.832021 7 PAGE 01
TO: City of Muskegon 22 January 2004
Subject: Special Assessment Parcel NO: 24·611-000-0271-00
From: Henry J Cortez
119 Birchwood Lane
Cadillac Ml 49601
This letter is to protest the creation of a special assessment on the above listed property
for sidewalk assessment.
It is correct that the above property had 2 sidewalk squares that were identified by the
City of Muskegon as needing to be replaced.
However, these two squares were removed and replaced in the summer of 2003.
Thank You
<,,(z.::a-- RECEIV ~~GON
CITY OF MU 5
JAN 2 2 2004
ENGINEERING DEPARTMENT
Return to:
CITY OF MUSKEGON CITY ENGINEER
SIDEWALK APPEAL POBOX536
933TERRACE
MUSKEGON, MI 49443-0536
1
TODAY'S DATE: . ,?,,662 Jw211 /),
PROPERTY ADDRESS: V I t;J/ ' AI b av+ d ✓e,
PROPERTY OWNER NAME: G0,vr-, ( l-. T{, o V)JOC.:
ADDREss: i2l-1 Al bcr{ 8Jt, ·
Yh 1>-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;;...,,,- - - - - - - -
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PLATE#: I,"-" ;L,
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1. ! '
PARCEL#: _ _ _ _ _ __
JUL 1 7 2C03
APPEAL HEARING DATE AND TIME: _ _ _ _ _ _ __
APPEAL BOARD ACTION: _ _ _..,....._ _ _ _ _ ___:'-;;!.,µ.·~·-·
t\\\i >':\f, I _';...·•. ·~·•,:'i._I.,'
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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
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RECEIVED ]
JAN 2. 'i Jnrn 11
C' Clerks Office
----.,,_, ·- ·'
v·
. RECME~1~~GON
CITY OF
JAN 27 2004
ENGINEERING DEPARTMENT
\271 f¼-!3ezT l1v£.
March 11, 2004
Dear Mohammed Al-Shatel, P.E.;
I recently received notice of a pending special assessment for the area which includes the
house my mother currently resides in.
This is the second letter I have received involving the matter of sidewalk replacement.
The first was last summer and was dated 25 June 2003 .
I visited Muskegon in August and met with Thomas Ketchum of your office at that time.
Please see the letter included which was sent to your office as a courtesy for the manner
in which Mr. Ketchum dealt with my concerns. I thought the issue was resolved after that
meeting.
It would seem I erred in my assumption.
Therefore I shall clarify the situation, as I understand it.
When shown the sidewalk in question, Mr. Ketchum immediately agreed that the
condition did not warrant removal. In fact his exact words were, "I was obviously having
a bad day when I marked that section."
As I read the requirement you quoted in the letter of last summer, a simple crack in the
concrete does not meet the requirement for replacement. The condition must be such that
it constitutes a hazard or is likely to become a hazard to people using the sidewalk.
This particular section cracked very shortly after it was laid in 1962. I lived in that house
at that time and remember the paving well. That section has not significantly changed its
appearance or condition since that time. There is no measurable gap at the crack nor is
there any vertical displacement between the sides. It does not constitute a hazard to
walkers. Nor will it in my lifetime.
I have included several photographs I took of the section in question immediately before
meeting with Mr. Ketchum. Please notice the ruler placed for reference.
A similar conversation was held regarding the driveway.
The photos of the driveway show a condition slightly worse than the sidewalk but again
the crack originated (Probably when a contractors vehicle drove on it while it was still
green) shortly after paving more than 40 years ago. The crack has not materially changed
in that time. I have your publication identified as SIDEWALK PAMPHLET.doc. The
sidewalk section and driveway I am referring to is not in violation of any of the 8 points
of criteria you define.
It is not necessary or even sensible to tear up concrete, which has been curing for 40
years and exhibits no evidence of degradation during that time period. Please remove
these items for your "need to replace list."
Please acknowledge receiving this letter so I know this matter is being addressed
I have forwarded a copy of this letter and attachments to my lawyer for purposes of
documentation
Sincerely,
Dave Druif
CC Rose & Eklund 8787 Ferry St , Montague, Michigan, Att
Commission Meeting Date: August 24, 2004
Date: August 17, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request for preliminary Planned Unit Development approval
at the former Muskegon Mall site, 100 Muskegon Mall.
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 attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended preliminary approval of the PUD, with the
conditions listed on the attached resolution, at their August 12, 2004 meeting. The vote
was unanimous with B. Smith absent.
8/17/2004
Hearing; Case 2004-31: Request for a Preliminary Planned Unit Development
approval for a mixed use residential and commercial development on the former
Muskegon Mall Property (100 Muskegon Mall) by, Chris McGuigan (Downtown
Muskegon Development Corporation)
BACKGROUND
Applicant: Downtown Muskegon Development Corporation
Request: Preliminary PUD approval for the Muskegon Mall redevelopment
Present Land Use: Vacant
Zoning: B-3 Central Business District
STAFF OBSERVATIONS
1. The subject property is the site of the former Muskegon Mall, encompassing
approximately eight blocks downtown.
2. A number of buildings still exist within the boundaries of the PUD. Two vacant
buildings with historic character may be reused in the project.
3. Redevelopment of the Western Avenue corridor is a major tenant of the Imagine
Muskegon! Report.
4. Staff has not received any phone calls or letters regarding this case.
5. The following ordinance sections permit and regulate PUDs. Staff discussion is
included under certain sections:
SECTION 1102: PLANNED UNIT DEVELOPMENTS [amended 10/98]
Planned developments may be allowed by the Planning Commission under the
procedural guidelines of Section 2101. The intent of Planned Unit Developments in the
B-2 Convenience and Comparison Business Districts is to allow mixed land uses which
are compatible to each other, while prohibiting nonresidential uses which would not be
compatible or harmonious with residential dwellings.
SECTION 2101: DEVELOPMENT OPTIONS
1. Planned Unit Development (PUD) Purpose
The purpose of this option is to permit flexibility in the regulation of land
development; encourage innovation in land use and variety in design, layout, and
type of structures constructed; achieve economy and efficiency in the use of land,
natural resources and utilities; encourage provision of useful open space; provide
adequate housing, employment, and shopping opportunities particularly suited to
the needs of the residents of the City of Muskegon and encourage the use, reuse,
and improvement of existing sites and buildings when the uniform regulations
contained in zoning districts do not provide adequate protection and safeguards
for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses,
to allow some degree of flexibility in the application of standards and regulations
in this Ordinance to achieve innovation to development on sites with unusual
topography or unique settings within the community, or on land which exhibits
difficult or costly development problems, and shall not be allowed where this
option is sought primarily to avoid the imposition of standards and requirements
of zoning classifications rather than to achieve the stated purposes above.
a. Planned Unit Development Regulations. Standards and Requirements
1) The entire parcel for which application is made must be under one
ownership or the application must be made with the written
authorization of all property owners.
2) The application shall meet the criteria established in each specified
zoning district.
b. PUD Review Procedures
1) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD
plan to determine its suitability.
4) The final phase shall require a detailed development plan for any
part of the approved conceptual PUD plan.
C. Standards for Approval of PUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD
plans, based upon the following standards. Likewise, the City
Commission shall approve, deny, or modify final PUD plans (after review
and recommendation by the Planning Commission) based upon the
following standards.
1) The uses proposed will have a beneficial effect, in terms of public
health, safety, welfare, or convenience of any combination thereof,
on present and potential surrounding land uses. The uses
proposed will not adversely affect the public utility and circulation
systems, surrounding properties, or the environment.
The mixed use commercial and residential concept meets this standard. The uses will
have a positive and beneficial effect upon the underutilized and previously disconnected
public utility and circulation systems, surrounding properties will likely see increased
values and the environment will benefit with new landscaping, etc.
2) The uses proposed should be consistent with the land use plans
adopted by the City.
The uses, commercial and residential, are consistent with the Imagine Muskegon! report
and the 1997 Downtown/Lakeshore Redevelopment Plan.
3) The amount of open space provided, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of
this ordinance.
Provision of open space at this time on,tr includes street trees, etc. Hackley Park is
adjacent the site, kitty corner across 3 Street and Clay Avenue. Based upon the
applicant's statement the site is being marketed as a multi-developer project and lots
sold according to their needs, any open space provision required by the Planning
Commission might be a specifically designated site with designs or a generalized
statement that a certain amount will be required and installed once a percentage of the
development has taken place.
4) The amount of off-street parking areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of
this ordinance.
The amount of off-street parking has not been shown nor determined. Under the
proposal, the parking needs will not be known until a developer comes to the table.
5) The amount of landscaping and buffering areas, which the
Planning Commission or City Commission may modify even
though such modifications do not conform to that required in other
sections of this ordinance.
The applicant has stated that design of streetscaping, lighting, etc., will closely follow the
Imagine Muskegon! report. As a high density urban area, landscaping and buffering will
not be as significant as outside of downtown.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
Two buildings with significant architectural and social histories are to be saved. Other
buildings may remain or be removed by the prospective developer.
7) The uses proposed will result in safe, convenient, uncongested and
well defined vehicular and pedestrian circulation systems.
The uses, and layout, are designed to mirror or bring back the patterns of the old
downtown, which traditionally function ve,y well.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary
phase approval:
a. A general development plan depicting the proposed locations of streets,
parking areas, open spaces, buildings and structures, and their spatial
relationships, the relationship to off-site improvements and infrastructure
and any unusual topographic features.
The nature of the development and marketing strategies makes it difficult to represent all
of this information. Staff feels the plan provided sufficiently depicts the information in a
manner consistent with this requirement such that approval may be given.
1) Approval by the Planning Commission of the PUD Preliminary Plan
shall remain in effect for a period not to exceed three (3) years from
the date of approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD final phase
approval, development plans in sufficient detail and in so far as possible the
specific locations and dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck docks
and service drives;
b. all buildings and structures, elevations and spatial relationships;
c. landscaping, buffers, fences, and protective walls;
d. open space areas and other significant environmental features;
e. existing and final topographic changes;
f. identification and directional signage:
g. a property survey prepared and certified by a licensed land surveyor;
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning
Commission if the proposed modifications do not alter the basic design or
land uses of the plan.
b. If the Planning Commission determines that the proposed modifications
are significant or major, a public notice and public hearing in accordance
with Section 2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan
with all proposed buildings, parking areas, landscaping and infrastructure
must commence within one year of approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
c. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice and
public hearing in accordance with Section 2332 of this ordinance. Failure
to secure an extension shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends approval of the preliminary PUD request based upon the above staff
review of the Standards for Approval of PUD Plans and the Preliminary PUD Plan
Submission requirements.
City of Muskegon
.
Planning Commission
Case# 2004-31
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CITY OF MUSKEGON
RESOLUTION #2004- 77 (a )
RESOLUTION FOR PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR
100 MUSKEGON MALL, FORMER MUSKEGON MALL SITE.
WHEREAS, a petition for a planned unit development was received from Chris McGuigan,
Downtown Muskegon Development Corporation; and,
WHEREAS, a planned unit development will allow a mixed use residential and commercial
development; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the preliminary
Planned Unit Development and associated conceptual site plan;
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the preliminary planned unit development is hereby
· approved.
Adopted this 24th day of August, 2004
Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
and Carter
Nays: None
Absent: None
CERTIFICATE (Preliminary PUD for 100 Muskegon Mall, former Muskegon Mall Site.)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is·a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 24th day of August, 2004, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and
that minutes were kept and will be or have been made available as req ed thereby.
DATED: _ _
A_u=-g_u_s_t_2_4_ _ , 2004.
Gail Kundinger, MMC
Clerk, City of Muskegon
Commission Meeting Date: March 26, 2002
Date: August17,2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services ~0- G
Department
RE: Disclosure of Potential Conflict of Interest Under
HOME Investment Partnerships Program
SUMMARY OF REQUEST: Under HOME Invest 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
require 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 for the City's Community
and Neighborhood Services Dept, to submit the waiver of conflict of
interest to the U.S. Department of Housing and Urban Development.
COMMITTEE RECOMMENDATION: Not Applicable
PARMENTER O'TOOLE
Attorneys al Law
175 West Apple Avenue ■ P.O. Box 786 ■ Muskegon, Michigan 49443-0786
Phone 231.722.1621 ■ Fax 231.722.7866 or 231.728.2206
www.Parmenterlaw.com
August 6, 2004
Mr. Wilmem Griffin
Community and Neighborhood Services
City of Muskegon
933 Terrace Street
Muskegon,Ml 49443-0536
Re: Anthony McCloud
Dear Mr. Griffin:
You have requested our opinion concerning a possible conflict of interest.
The facts as presented are:
I) Anthony McCloud is a member of the City of Muskegon Citizen District Council.
In that capacity, he participates in making recommendations as to the use of federal
HOME funds. Neither he, personally, nor the Citizens District Council are the final
decision makers as to the use of such monies.
2) Mr. McCloud has requested to purchase the property located at I 668 Beidler
Street, Muskegon, Michigan. HOME monies allocated to the Community and
Neighborhood Services department were used at I 668 Beidler. The Citizens District
Council has no input on any terms of the sale of 1668 Beidler, including potential
purchasers.
3) Mr. McCloud is not a City of Muskegon employee.
4) With the exception ofa possible conflict of interest, Mr. McCloud complies with
all requirements. The sale of property to Mr. McCloud is consistent with the HOME
program.
5) Mr. McCloud was not in a position to require monies be spent on 1668 Beidler.
6) Mr. McCloud will not participate in any decision affecting his application.
G :\E DS!\FILES\001 00\ 1719\LETTER\BP0239. DOC
FEDERAL CONFLICT OF INTEREST CONCERNS
The federal regulations provide that no employee of the participating jurisdiction or subrecipient
which is receiving HOME funds who are in a position to gain inside information with regard to
these activities, may obtain a financial interest or benefit from a HOME - assisted activity, or
have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. 29 CFR 92.356.
Mr. McCloud is in a position to affect how monies are spent in this program, but is not in a
position to require that monies are spent on the house he proposes to acquire. The appropriate
course is to acknowledge the possibility of a conflict under the federal regulations and request
HUD to determine that there is no conflict or provide a waiver.
The federal regulations provide for a waiver process. Upon the written request of the
participating jurisdiction, HUD may grant an exception to the provision on a case-by-case basis
when it determines that the exception will serve to further the purpose of the HOME Investment
Partnerships Program and the effective and efficient administration of the participating
jurisdiction's program or project. An exception may be considered only after the participating
jurisdiction has provided the following:
(1) A disclosure of the nature of the conflict, accompanied by an assurance that there
has been public disclosure of the conflict and a description of how the public
disclosure was made; and
(2) An opinion of the participating jurisdiction's ... attorney that the interest for which
the exception is sought would not violate State or local law.
29 CFR 92.356.
While Mr. McCloud will personally benefit, the benefit is provided to any successful bidder.
Mr. McCloud is intended to be the beneficiary of the program, and will receive, generally, the
same benefit as is made available to others, as the federal guidelines exist.
A waiver would appear to be appropriate.
STATE CONFLICT OF INTEREST CONCERNS
The state has adopted the Contracts for Public Entities Act, which generally regulates contracts
between governmental entities and public servants and officials. The Act is applicable in this
case. Mr. McCloud would be benefited by the contract.
The Contracts of Public Servants with Public Entities Act relates to the conduct of public
servants in respect to contracts with the public entities for which they work. The term "public
servant" is defined by Act as all persons serving any public entity. The language is extremely
broad, and is intended to cover any governmental entity located within the state.
The Contracts of Public Servants with Public Entities Act recognizes that, at times, it may be in
the best interest of the public entity to enter into contracts, notwithstanding a conflict with one or
G:\EDS\\FILES\00100\1719\LETTER\BP0239.00C
more of the individuals involved with the public entity. As such, even if there is a conflict, a
contract may be entered into, if the following occurs:
I) Mr. McCloud discloses in writing to the Mayor his interest in the house and the
value of the benefits to be provided by the City seven days prior to action of the
City Commission. The disclosure must be made public the same as a public
meeting notice;
2) The contract is approved by a vote of not less than two-thirds of the full
membership in open session; and
3) The minutes for the official body disclose the name of each party involved in the
contract, the terms of the contract, and the nature of the pecuniary interest of the
public servant with the conflict.
The requirement of approval of the contract by two-thirds of the full membership of the
approving body will require five elected officials to vote affirmatively. The "super majority"
requirement provides protection for the public entity.
CITY OF MUSKEGON CONFLICT OF INTEREST CONCERNS
The City of Muskegon Charter regulates, and generally prohibits, contracts between the City and
employees and officers of the City. City "officers" are designated by the City Charter, Chapter
III, Section 2, and is not applicable here. Mr. McCloud is not a city employee. The Charter is
not applicable in this case.
If you have any further questions or concerns, please feel free to contact me.
John C. Schrier
Direct: (231) 722.5401
Fax: (231) 728.2206
E-Mail Address: jcs@parmenterlaw.com
JCS/kc
G:\EDSI\FILES\00100\1719\LETTER\B P0239.DOC
Commission Meeting Date: August 24, 2004
Date: August 13, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services W ,(;. •
Department
RE: Selection of Contractor for the Building of Duplex
at 407 Catherine "Operation - It Takes Two"
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.
Nobles Inc $172,885
210 E. Broadway
Muskegon, Ml
Bantam Group, Inc $199,636
962 Stonewood Dr.
Spring Lake, Ml
Top Notch Design $215,100
4740 Jenson
Fruitport, Ml
1)0-.1<""'3
The duplex will be built at the site of the former Briggs ffiary, 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.
Request for Proposals
Wood Street/Catherine Street Redevelopment Project
Operation "It takes Two" AKA Nyumba Mbili
The City of Muskegon is cun-ently soliciting licensed residential builder (s) I developers
to construct a two unit duplex in the City of Muskegon to be located at 407 Catherine
(City of Muskegon Revised Plat 1903 Lot 6 Block 79-Dimension 66'xl32'). The site
formerly was the home of an industrial dairy that was recently demolished. The design of
the structure to be built will be supplied by the City of Muskegon Community and
Neighborhood Services depmtment. Builders with significant experience in the
construction of townhouses and duplexes are strongly encouraged to consider submitting
proposals.
This project is being financed under the Federal HOME-Ownership Partners Progrmn
(HOME). The contractor I developer must ensure that employees and applicants for
employment are not discriminated against because of their race, color, religion, sex or
national origin. This project is subject to Section 3 of the Housing and Urban
Development Act of 1968 which seeks to promote the greatest possible extent,
employment training and business opportunity for low-income residents and small
businesses of the area in which the project is located. The City of Muskegon as well as
the U. S. Department of Housing and Urban Development (HUD) require the selected
contractor / developer to take all affirmative steps to assure that minority films, women
businesses and labor surplus area firms are use whenever possible.
Proposal packets along with design plans can be obtained from the Community and
Neighborhood Services Office. All proposal packets require one hundred dollar ($100.00)
refundable deposits. Chosen contractor/developer will not receive refund.
Interested qualified developers/builders should contact the City of Muskegon's
Community and Neighborhood Services located at City Hall, 933 Terrace St., 2nd floor.
The City of Muskegon will hold an informational review section for all bidders on
Monday, July 26 1b at
10 am at City Hall in room 103.
All bids are to be returned to the City of Muskegon Community and Neighborhood
Services depmtment 933 Terrace St by no later than Thursday, July 29, 2004 at 5:00
P.M.
Anyone with any questions should contact:
Wilmern G. Griffin, Director
Community and Neighborhood Services
City of Muskegon
(231) 724-6717
The City of Muskegon reserves the right to reject any and or all bids for just cause and to
waive insignificant requirements.
Floor plans for Craftsman house plan 53-313 Page 1 of 5
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http://www.houseplanguys.com/view-house-plans.php?PlanNum=53-313 8/17/2004
House #:tio7 ~ e r i n e
Bid from general specifications, plans and plan review
Basement/foundation $8,294 Lumber (misc. materials) $11,959
Cabinets/counter tops/labor and all hardware 6, 7 4 5 Misc. (fees permits/utilities) -0-
Cement flat work and material 5,798 Painting and materials 5 , 7 43
Dishwasher and labor 550 Plumbing (materials/labor) 14,810
Doors/windows and all hard ware 11,398 Roofing and labor 6,584
Drywall and labor 9,975 Sewer/water connections and labor 1 , 4 25
Electrical and materials and labor 6,764 Siding/trim, labor and materials 1 1 , 1 65
Excavation, backfill and grading 2,660 Insulation 3, 9 8 3
Exterior brick as needed and labor 650 All other trim, misc. and labor 4 , 5 60
Floor covering and labor 4, 631 Dumpster/dumping, Port a Jons, etc 2, 0 0 0
Establish Allowance Amount 3,325 Any other miscellaneous items
(flooring) Deemed appropriate 5,660
(please be specific)
Framing, floor, roof decking and materials 21,684 (2) FIRE PLACE $3910
SHOP DRAWING
Heating 90% water heater energy IF NEEDED $1750
factor .60 .93 I st hr. rating 7,287
Labor for water heater and heating 2,394
Light fixtures and labor 7,648
Establish Allowance Amottnt 1. 283
(lighting) '
Subtotal (column one) $101,086 Subtotal (column two) $67,889
Total $168,975.00 J
Note: All basements are to have a minimum of one egress window, no garden tubs, fireplaces, or pop-
outs for bedroom. All soffits' will be vented; all doors and windows will be trim wrapped with aluminum
and siding will be vinyl not 6" lap unless othewise specified.
**The City of Muskegon will pay for all permits.
House#: 121 IA - 407 CATHERINE STREET
Bid from General Specifications, Plans and Plan Review
Basement/Foundation. $ 10,350.00 Lumber (Misc. Mat'!) $ 3,660.00
Cabinets/Countertops $10,200.00 Misc. (Fees/Permits/Utilities) $ 600.00
(Labor and All Hardware) Painting & Mat'! $ 7,600.00
Cement Flat Work & Mat'l. $ 6,103.00 Plumbing (Mat'! & Labor) $11,840.00
Dishwasher Allowance. $ 700.00 Roofing & Labor $ 3,400.00
Dishwasher Labor. $ 160.00 Sewer/Water Connections & $ 2,000.00 /
Doors/Windows*** /Hardware. $ 10,610.00 Labor v
Drywall & Labor. $ 14,000.00 Siding/Trim Labor & Mat'! $ 6,950.00
Electrical Mat'! & Labor. $ 9,865.00 Insulation $ 4,400.00
Excavating/Backfill/Grading. $ 4,300.00 All other Trim, Labor & Misc. $ 8,200.00
Exterior Masonry Work. NIA Dumpster/Port-A-Jons, etc.* $27,084.00
Flooring Covering & Labor $ 8,000.00 * General Conditions:
Framing, Floor, Roof, Decking & $34,014.00 Includes Overhead & Profit,
Mat'! - Includes Labor Clean up, Supervision, Temp.
Heating 90% Water Heater $ 6,200.00 Power, etc.
Energy Factor .60 .93 I hr rating. Garage Door $1,000.00
Labor for Water Heater & HV AC $ 2,200.00
Light Fixtures Labor $ 600.00
Light Fixtures Mat' 1 (Allowance) $ 1,200.00
Fireplace; *includes a $400.00
allowance for ceramic tile
surround and hearth work. $4,400.00
SUBTOTAL (COLUMN ONE) $118,502.00 SUBTOTAL (COLUMN TWO) $81,134.00
TOT AL $199,636.00
Note: AU basements are to have a minimum of one egress window, no garden tubs, fireplaces, or popouts
for bedroom. All soffits' will be vented; all doors and windows will be trim wrapped with aluminum and
siding will be vinyl not 6' lap unless otherwise specified.
** The City of Muskegon will pay for all permits.
*** Note: Windows as shown on blueprint do not meet egress code requirements. Windows as priced
above meet code requirements.
House#:
Bid from general specifications, plans and plan review
Basement/foundation Lumber (misc. materials)
Cabinets/counter tops/labor and all hardware 600°,,f/~,-.-,,.,, Misc. (fees permits/utilities)
Cement flat work and material I ;r, C Painting and materials fi-.•. ,;-_/~
/L,L-
Dishwasher and labor '!,J7.l,,,./ < Plumbing (materials/labor) /-AL
Doors/windows and all hardware V1j/y /111 Roofing and labor /t'l (.
Drywall and labor S e w e r / ~ and labor /"'IL
Electrical and materials and labor Siding/trim, labor and materials I v-..c
Excavation, backfill and grading Insulation J-..(
Exterior brick as needed and labor All other trim, misc. and labor / n L
Floor covering and labor :(.?.tJO )///4,--cf Dumpster/dumping, Port a Jons, etc I"' C
Establish Allowance Amount /"' G Any other miscellaneous items
(flooring) Deemed appro riate __ _
(pl e specific) . r, /' / '
Framing, floor, roof decking and materials /"' l fy/,"- ,r .,,.... ~ -0
J)r,,: 17&9 {'<,C- 4
Heating 90% water heater energy
factor .60 .93 I st hr. rating J•- c F
Labor for water heater and heating 1~ C
Light fixtures and labor
Establish Allowance Amount
(lighting)
Subtotal (column one) $_ _ _ _ _ _.,..., $_ _ _ __
otal
Note: All basements are to have a minimum of one egress window, no garden tubs, fireplaces, or pop-
outs for bedroom. All soffits' will be vented; all doors and windows will be trim wrapped with aluminum
and siding will be vinyl not 6" lap unless othewise specified.
**The City of Muskegon will pay for all permits.
STATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF NATURAL RESOURCES REBECCA A . HUMPHRIES
GOVERNOR DIRECTOR
LANSrNG
August 25, 2004
RECEIVED
AUG 3 0 2004
Stephen Warmington, Mayor MUSKEGON
CITY MANAGER 'S OFFICE
City of Muskegon
Community and Neighborhood Services
933 Terrace
P.O. Box 536
Muskegon, Michigan 49443
Dear Mr. Warmington:
SUBJECT: Public Use Request
Enclosed is deed number 505804, dated August 24, 2004, for the tax-reverted property you
requested, under Act 451, Public Acts of 1994, as amended.
If you have any questions, please contact this o
-
er Linn, Closing Officer
Real Estate Services
Office of Land and Facilities
PO Box 30448
Lansing, Michigan 48909-7948
LINNW@michigan.gov
517-373-8242
WL/jc
Enclosure
STEVENS T . MASON BUILDING • P.O. BOX 30028 • LANSING, M ICHIGAN 48909-7528
www.michigan.gov • (517) 373-2329
5117953
L-3617 P-623
09/01/2004 02:45P
\111111111\11\111\1 \II lllll lllll \\lllll 1111111111111111 Page: 1 of 2
Mark Fairchild' Muskegon Co ROD 002
QUITCLAIM
DN'i? PUBLIC USE DEED
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
OFFICE OF LAND AND FACILITIES
No.505804
Issued under Act 451, Public Acts of 1994, as amended.
THIS DEED, made this 24th day of August, 2004 BY AND BETWEEN, the DEPARTMENT OF NATURAL
RESOURCES for the STATE OF MICHIGAN, by authority of Part 5, General Powers and Duties, of the Natural
Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994, being Sections 324.501 to
324.511 of the Michigan Compiled Laws, as amended, hereafter called "Grantor", and
City of Muskegon
933 Terrace St.
PO Box 536
Muskegon, Ml 49443-0536
hereafter called "Grantee".
WITNESS, that the Grantor, acting for and in behalf of the State of Michigan by authority of Act 451, P.A.
1994, as amended, and for the sum of Three Hundred and No/100 ($300.00) Dollars paid to it by Grantee, hereby
grants,' conveys, and quit-claims unto the Grantee and to Grantee's successors and assigns, for Public purposes,
all the right, title and interest acquired by the State of Michigan in and to the following described land located in
the County of Muskegon, State of Michigan:
City of Muskegon
City of Muskegon Revised Plat 1903
Lot 6 Block 79, FKA Brigg's Dairy
It is expressly understcxxl that when the above described land is no longer needed by the Grantee and sold for_ a valuable
consideration, the proceeds from any such sale, in excess of expenditures for acquisition or improvement shall be accounted for to
the state and the local units of Government pro rata according lo their several interests therein arising from the non-payment of
laxes and special assessments thereon as appear in the offices of the State Treasurer, County, City, Village or Township Treasurers.
Exemption from State Transfer Tax is daimed under authority of Section 6(h)(!), Ad 255, PA 1994 (207.526, Michigan Compiled
Laws).
Exemption from County Real Property Transfer Fee is daimed under authority of Section S(h}, Act 134, P.A. 1966 (207.505,
Michigan Compiled Laws).
PR 6304-02 (Rev. 04/29/2004)
SAVING AND RESERVING unto the People of the State of Michigan all aboriginal antiquities including mounds,
earthworks, forts, burial and village sites, mines or other relics and a!so reserving the right to explore and
excavating for the same, by and through its duly authorized agents and employees, pursuant tC1 the provisions of
part 761, Aboriginal Records and Antiquities, of the Natural Resources and Env)mnmenta! Protection Act, Act 451
of the Public Acts of 1994, as amended.
The terms of this conveyance prohibit the severance of the oil, gas, mineral and other subsurface rights
associated with this conveyance from the surface rights. If the oil, gas, mineral or other subsurface rights are
ever severed from the surface rights, the severed oil, gas, mineral or other subsurface rights will revert to the
State of Michigan.
The terms of this conveyance shall extend to the heirs, executors, administrators, successors and assigns of the
parties hereto.
This prop'erty may be located within the vicinity of farmlands or a farm operation. Generally accepted agricultural
practices, which may generate noise, dust, odors, and other associated conditions may be used and are
protected by the Michigan Right to Farm Act.
IN WITNESS WHEREOF, the Grantor, by its Manager, Real Estate Services, has signed and affixed the seal of
the Department of Natural Resources.
DEPARTMENT OF NATURAL RESOURCES
FOR THE STATE OF MICHIGAN
By &cee~~~ Robert L. Couvreur, Manager
Real Estate Services
Office of Land and Facilities
STATE OF
MICHIGAN
County of Ingham
The foregoing instrument was acknowledged before me this 24rd day of August, 2004, by Robert L.
Couvreur, Manager, Real Estate Services, Office of Land and Facilities of the Department of Natural Resources
for the State of Michigan.
tfJennifeA. Cherrette, Notary Public
State of Michigan, County of Ingham
My Commission Expires: March 30, 2008
Acting in the County of Ingham
Prepared by:
Debbie Strzelec
OFFICE OF LAND AND FACILITIES
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX30448
LANSING Ml 48909-7948
5117953
~!t
11\\11111111 \\\\\\\ II\ \1111111\111\1\\~IIJ}~\ 1111
Mark Fairchild, Muskegon
L-3617 P-623
09l01/2004 02,45P
Page: 2 of 2
RESIDENTIAL CONSTRUCTION AGREEMENT
This Residential Construction Agreement is made as of the 24 day of September 2004
between the (the "Owner") City of Muskegon 933 Terrace Muskegon and Briggs Construction
525 S Dangel Road Muskegon ("General Contractor") and Nobles Inc 210 E. Broadway
Muskegon Heights (Developer). The construction site is 407 Catherine City of Muskegon
Revised Plat 1903 Lot 6 Block 79
BACKGROUND
A. General Contractor and owner agree that General Contractor shall construct a
Duplex Two family residence (the "Residence") for Owner pursuant to the Infill Program,
according to terms of this Agreement.
THEREFORE, the parties agree as follows:
1. The Residence. General Contractor shall build the Residence in accordance with
the plans and specifications, a copy of which is attached as Exhibit C (the "Plans"). Any features
of the Residence that are not explicitly described in the Plans shall be determined in the sole
discretion of the General contractor and the City of Muskegon. For example, unless specifically
set forth on the Plans, the location of all electrical outlets shall be as determined by General
Contractor after approval by the City of Muskegon
2. Price. The price for constructing the Residence shall be $ 172,885.00(''Price").
The Price may change in the event General Contractor and Owner, agree to change orders,
modifications or extras, as defined below, in writing and signed by all the above.
2.1 The price is based on certain allowances. Allowances are merely estimates
of costs for items to be added to the Residence at Purchaser's and Buyer's discretion, such
as carpeting, light fixtures, window treatments, etc. The allowances used in determining
the Price are set forth on Exhibit D. The Price will increase or decrease depending on the
actual cost of the items listed as allowances. In the event the actual cost of any allowance
exceeds the estimated amount (" Additional Allowance Amount"), Purchaser shall pay the
Additional Allowance Amount within 30 days of General Contractor's invoice. No
Additional Allowance Amount shall be billed through General Contractor without the
express prior written consent of Purchaser.
3. Costs Included. The Price shall include the cost of all sales taxes incurred by
General Contractor for materials purchased and installed in the Residence, but shall exclude sales
tax for those items purchased either by General Contractor or owner as an allowance. The Price
shall not include any other costs whatsoever associated with the construction of the Residence,
including, but not limited to, utility bills, heating costs, sewer or water hook-up charges, trunkage
fees, regional fees, or any other water, sewer or property tax assessments, each of which shall be
Owner's sole responsibility.
O:\CNS\COMMON\WPDATA\HOME\FORMS\NEW CONSTRUCT!ON_REHAB CONTRACT.DOC
P~aie 1
I. Payment of the Price. The Price shall be paid in accordance with the following
schedule ("Payment Schedule").
Draws may be requested no more than once per month. Requests for draws and
documentation required will be in a format acceptable to the City of Muskegon, and shall include
at a minimum lien waivers when required. The total amount of a draw may never exceed the
percentage of completion, less a I 0% holdback. The balance owed on the contract, including any
holdback, shall be paid 30 days after issuance of a certificate of occupancy.
4. Modifications/Extras. No modifications to the Plans ("Modifications") or
requests for additional construction (''Extras") shall be binding upon either party, unless the
Modifications and/or Extras are set forth on a written change order that is signed by General
Contractor, City of Muskegon ("Owner"). The Change Order must provide a detailed description
of the Modifications and/or Extras and the cost or credit to be charged. Where a Change Order
increases or decreases the Price ("Adjusted Price"), the Adjusted Price shall be paid according to
the remaining portion of the Payment Schedule.
5. Possession. Upon payment in full, General Contractor shall deliver to Owner a completed
sworn statement and a full unconditional waiver oflien. Payment of the Price or Adjusted Price
by Purchaser shall constitute the acceptance of the Residence.
6. Estimated Completion Date. General Contractor shall commence construction
of the Residence within 30days from the date the parties sign this agreement (''Commencement
Date"). General Contractor shall endeavor to complete the Residence within 150 days of the
Commencement Date ("Completion Date"). Provided, that both the Commencement Date and
the Completion Date may be extended as a result of circumstances beyond the control of General
Contractor, including, but not limited to, delays caused by suppliers or subcontractors, delays for
utility hook-ups, Acts of God, labor disputes, governmental inspections, regulations, or permit
processes, material back orders, Purchaser's requests for Change Orders, fire, injury or disability
to General Contractor or weather.
7. General Contractor Conditions. This Agreement is subject to and includes all
of the Contractor Conditions attached to this Agreement as Exhibit A.
Dated:Jept-~o/ , Otf
Dated: SffT ::):} , 20-0L.f
Dated: ------------' _ __
Dated: _ _ _ _ _ ______, _ __
O:\CNS\COMMON\WPOATA\HOME\FORMS\NEW CONSTRUCTION_REHAB CONTRACT.DOC
EXHIBIT A
Contractor CONDITIONS
I. General Contractor's Warranties. All building materials used in the construction of the
Residence shall be new. General Contractor guarantees its workmanship for a period of one year from the
date of final completion. Within that period, General Contractor may replace, at its option, any materials
incorporated into the Residence which are defective, provided the manufacturer's warranty is still in full
force and effect and, in fact, the manufacturer honors that warranty. To make a claim under this warranty,
Purchaser must give General Contractor written notice of any such defect in the workmanship and/or
materials promptly upon discovery and not later than expiration of the one year wa1rnnty period. This
warranty does not apply to workmanship or materials requiring repair or replacement because of normal
wear and tear or natural settling. General Contractor shall tum over and transfer to Purchaser all
manufacturers' warranties that are delivered directly to General Contractor by the manufacturer. All
warranties under this agreement shall transfer upon the date of sale to Buyer as the Purchaser's successor in
interest.
2. Purchaser's Warranties. Purchaser covenants and warrants that the Property is subject
to a binding purchase agreement. Purchaser shall locate the exact location of the Residence on the
Property. All corners of Residence shall be clearly marked with surveyor stakes. Purchaser covenants and
agrees that such location is in compliance with all applicable federal, state and local rules and regulations,
including, but not limited to, building restrictions, set-back requirements, sand dune and wetland laws, and
regulations and zoning ordinances. In the event the location of the Residence is moved for any reason,
General Contractor expressly reserves the right to increase the Price accordingly to the extent and in such
amounts as the new location increases the cost to General Contractor.
3. License. General Contractor is a residential General Contractor and a residential
maintenance and alteration contractor and is required to be licensed under article 24 of Act 299 of the
Public Acts of 1980, as amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws.
An electrician is required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being
sections 338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under
Act No. 266 of the Public Acts of 1929, as amended being sections 338.901 to 338.917 of the Michigan
Compiled Laws. General Contractor is licensed by the State of Michigan as a licensed Michigan
Contractor and maintains its license in good standing. General Contractor's License and ID numbers are _
_ _ _ _ _ _ _ _ and, _________ , respectively.
4. Laws. Ordinances and Regulations. In connection with the construction of the
Residence, General Contractor shall meet and comply with all applicable laws, ordinances, and
regulations.
5. Notice of Commencement. Purchaser shall deliver a Notice of Commencement in
accordance with the Michigan Construction Lien Act within ten days of this Agreement.
6. Diligent Pursuit. General Contractor shall diligently pursue its obligations under this
Agreement. If Purchaser believes that General Contractor has failed to comply with this paragraph, it shall
provide General Contractor not less than 15 days written notice of such non-compliance, a list of
Purchaser's specific complaints, and a reasonable time within which General Contractor shall cure any
such reasonable complaints. Until Purchaser fully complies with the notice provisions set forth in this
paragraph, Purchaser may not replace General Contractor with any other party to complete construction
O:\CNS\COMMON\WPDATA\HOMEIFORMS\NEW CONSTRUCTION_REHAB CONTRACT.DOC
P~o" 1
and may not deduct from the Price any amount paid by Purchaser to complete construction in accordance
with the Plans.
7. Insurance. Purchaser shall procure and maintain an "all risk" insurance policy and shall
name General Contractor as an additional named insured. Purchaser shall provide General Contractor with
evidence of such insurance upon request. General Contractor shall maintain a policy of General
Contractor's insurance fully insuring the Residence from the date construction commences until the date of
substantial completion. Purchaser and their mortgagee may also maintain a policy of insurance upon their
interest in the Residence. General Contractor shall also carry public liability insurance with coverage
limits not less than $300,000 single-limit coverage and worker's compensation insurance in an amount not
less than the statutory minimum. Such policies shall name Purchaser and their mortgagee as additional
named insured. General Contractor shall provide Purchaser with evidence of such insurance upon request.
Purchaser and General Contractor waive all rights against each other for damages caused by fire or other
perils to the extent covered by insurance provided under this paragraph.
8. Miscellaneous.
9.1 Applicable Law. This Agreement is executed in, shall be governed by, and
construed and interpreted in accordance with the laws of the State of Michigan.
9.2 Binding Effect. This Agreement shall be binding upon, inure to the benefit of,
and be enforceable by the parties and their respective legal representatives, successors, and
assigns.
9.3 Full Execution. This Agreement requires the signature of both parties. Until fully
executed on a single copy or in counterparts, this Agreement is of no binding force or effect, and if
not fully executed, this Agreement is void.
9.4 Counterparts. This Agreement may be executed in two or more counterpat1s, each
of which shall be deemed an original as against any party whose signature appears thereon, and all
of which together shall constitute one and the same instrument. This Agreement shall become
binding upon the parties when one or more counterparts, individually or taken together, shall bear
the signatures of all parties.
9.5 Non-Waiver. No waiver by any patfy of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such party
of any other provision of the Agreement.
9.6 Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired or affected.
9.7 No Discrimination. Discrimination on the basis ofreligion, race, creed, color,
national origin, age, sex, marital status, or handicapped condition by either party in respect to the
construction of the Residence is prohibited.
9.8 Assignment or Delegation. Neither General Contractor nor Purchaser may assign
all or any part of this Agreement. Provided, that General Contractor may delegate all or any part
of its obligations to perfmm the services under this Agreement, to any persons or entities that
General Contractor, in its sole discretion, deems appropriate, including sub-contractors. Such
delegation shall be at the sole expense of General Contractor unless otherwise provided.
O:\CNS\COMMONIWPDATAIHOME\FORMS\NEW CONSTRUCTION_REHAB CONTRACT.DOC
9.9 Notices. All required or permitted written notices shall be deemed effective and
duly given when: (i) personally delivered; (ii) sent by fax; (iii) one day after depositing in the
custody of a nationally recognized receipted overnight delivery service; or (iv) two days after
posting in the U.S. first class, registered or certified mail, postage prepaid, to the recipient party at
the address as set forth at the outset of this Agreement, or to such other address as the recipient
party shall have furnished to the sender in accordance with the requirements for the giving of
notice.
9.10 Pronouns. For convenience, Purchaser has been referred to this Agreement
sometimes in the singular and at other times in the plural.
0:\CNS\COMMON\WPDATA\HOME\FORMS\NEW CONSTRUCTION_REHAB CONTRACT.DOC
EXHIBITB
Legal Description
City of Muskegon Revised Plat 1903 Lot 6 Block 79
O:\CNS\COMMON\WPDATA\HOME\FORMS\NEWCONSTRUCT10N_REHAB CONTRACT.DOC
EXHIBITC
Plans and Specifications
O:\CNS\COMMON\WPOATA\HOME\FORMS\NEW CONSTRUCTION_REHAB CONTRACT.DOC
EXHIBITD
Allowances
The Price is based on the following allowances:
O:\CNS\COMMON\WPDATA\HOMBFORMS\NEW CONSTRUCTION_REHAB CONTRACT.DOC
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _..,.8""/2"'4,.,,/0□
4_
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August20,2004
Resolution Supporting Wastewater Rate Relief to Sappi Fine Paper
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 attached resolution.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENl\ADMIN\AGNDAFRM
JMS- 0: (SAPPI-WASTEWATER RATE RELIEF)
CITY OF MUSKEGON
RESOLUTION SUPPORTING WASTEWATER RATE RELIEF TO SAPPI FINE PAPER
RESOLUTION NO. 2 OO4 - 7 7 ( d )
WHEREAS, the City is a member of the Muskegon Municipal Wastewater
Management Committee; and
WHEREAS, the Management Committee has been approached by the County of
Muskegon and Sappi Fine Paper with a proposal for financial relief to Sappi Fine Paper in
the form of reductions in wastewater debt service payments; and
WHEREAS, the Sappi Fine Paper mill has historically accounted for approximately
50% of all flow to the wastewater system and has paid an average of approximately 41 %
of debt service; and
WHEREAS, Sappi Fine Paper and the County have proposed to amend existing
agreements, which include the City, to reduce Sappi Fine Paper's wastewater debt
service obligations by 40% for fiscal years 2004 through 2008, so long as Sappi Fine
Paper maintains an annual average flow of 10 million gallons per day; and
WHEREAS, on August 18, 2004, the Management Committee unanimously
passed a motion to support the proposed financial relief to Sappi Fine Paper, provided
that all appropriate legal documents are amended, and ta encourage each Management
Committee Member to immediately take the request back to its respective Local Unit for
consideration.
NOW, THEREFORE, the City of Muskegon resolves to support the provision of
financial relief to Sappi Fine Paper as outlined in the County's August 12, 2004, draft
number 2,. "First Addendum to Amended Service Agreement, Section 11 Provision for
Financial Relief to Sappi Fine Paper," provided that all appropriate legal documents are
amended; and
IT IS FURTHER RESOLVED that the Mayor is authorized to execute said legal
documents on behalf of the City, upon approval of said documents by the City Attorney
and the Management Committee's legal counsel.
AYES: Shepherd, Spataro, Warmington, Carter, Dayis, Gawron,
and Larson
NAYS: None
RESOLUTION DECLARED ADOPTED:
Null- l ,ncuus r /'\l l l , U:J NII Ll".W l ~ ~r.r.u ~ HLLtll n, rHA NU, <'.0~00j l qj~ r. UO/ l l
frS/12/2004 THU 15:06 FAX 231 724 4700 CORPORATE COUNSEL ➔➔➔ LliWIS liliEU ~UUJ/UVa
Draft#2~
ff'IB§l!.§IT_AAD@JD!IE~N!!l>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.<poruibilitics ofbotb County and Local Unit~ with respect
to th.. mattagement and operation of Muskegon County Wastewater Manasement Systl!ll1\
Number l [hereinafter sometimes referred to 11.!i 1hc "System'1; and,
WHEREAS, the portics arc desirous of executing a "Pin:t Addendum" to said Amended
Service Agreement in order to provide both financial relief to the County's major customer,
Sappi Fine Paper, ond in order to facilitate expansiOD of customer bru;e; and,
WHEREAS, both Count)' and Local Units deem it to be in the public interest, and in the
interest of the customers of the Muskegon County Wastewater System Number I, that financial
reliefbe afforded to Sappi antl that customer base be expanded.
H:\WPDA"rA\LARKIN\WAta'\PIRST ADDENOVM 'IO AMENI>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
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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
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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
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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<ment shall in totality be deemed to continue so as to rllll conCUIT\lnt
with the Amended Service Agreement previously entered into between the
County and Local Units. Provided, however, the provisions of Article ll of this
Agreement, providing for :financial relief to Sappi Fine Paper shall be deemed to
continue for a period offive (SJ years &om dale of execution by the County,
through it.~ Board ofPublio Worb or, upon such date as S"PPi Fine Paper annual
average discharge is reduced below the level of IO million gallons per day,
calculated on an average llllllWll ba.•k
1N WITNESS WHEREOF, the patties hereto, by and through their respective boards and
commissions, have executed this Agreement, effective as of the Is"' day of Septembtt", 2004.
This Agreement may b~ ~ecgted in mutual counteiparts.
COUNTY OF Muskegon C-0unty TOWNSHIP OF I,AIOrrON
By iU: Bowl of Public Works
By: ----·------
H:\WPf'>.t.TA\LARXJN\Wa~IR.St· AODRNDUM TO I\MENDBD SElV(CR AGRV8M~.4o,c
s
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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.
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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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