City Commission Packet 08-24-2004

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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"                 -
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                                                                        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       -,,~
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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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PARCEL#: _ _ _ _ _ __
                                                                                                                 JUL 1 7 2C03
APPEAL HEARING DATE AND TIME: _ _ _ _ _ _ __
APPEAL BOARD ACTION:                                  _ _ _..,....._ _ _ _ _ ___:'-;;!.,µ.·~·-·
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                                                  -
                                  0    .p,,4-7 ,:;::,ve          /4" ·, ,~: ,

ff/COMMONIDEPTMENT/ENGINEER/APPEAL(AMIPRO)
     RECEIVED
 CITY OF MUSKEGON

    JAN 2 7 2004
ENGINEERING DEPARTMENT
     f~l}.f2q_e//lfo. :)..1,- 6 /0-000-0010 -oo



                                                                                     JAN 2 7 2004
                                                                              ENGINEERING DE               TMENT
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~~ JR-e:s s ,
                                  -,A~f-Jk y(oc.i
                              ~~=/~ (J(J(~                                                 A*I
                                                                  ,_A_., z;__,_,,___,'--< c/   I.,_,
                                                                        e_" &-c /: !,      --"-/fu.,UM~[JT!lOLA~ME~ND@JE~D~SE~R!JVl~CE~A5.iG!!3R!EE~!J!r
                        This Addendum, is entered into by and b~een lhe Colll\ty of Muskegon, Michigan, by

              lllld through its Depllrlment of Public Woi:ks [hereinafter 1efeued to as the "County"1, and

              Laketon Township, City of Montague, Dalton Township, City ofNortcm Shores, Whitehall

              Township, City of Whitehall, Muskegon Cllarler Township, City of North Muskegon, Egelston

              Township, Fruitport Charter Township, City of Muskegon, City ofRoosevelt Park, City of

              Muskegon Heights, Fruitland ToWDShlp [hereinafter referred to as the "Local Unilli'1,

                                                                    WlTNESSETH;
                        WHEREAS, on July 7, 1998, a Consent Judgment W1IS entered in the c;ase o f ~

              States of AmeriCll, et. al., vs. County of Muskegon, et. al., C!Vil Action Number 1:97 CV 486

             · (WD Michigan), which Consent Judgment incotp0ratcd byrefeKnce an "Amended Service

              Agree111cnt" between County and Local Unit.'!; and

                        WHEREAS, the pwpose of both Consent Judgment, and incoIJ>oratcd Amended Service

              Agr:ccmcnt, was to clarify rights and re.Bl SER.VlCE A ~ . d ~                                 l
nuu- 1~rcUU'i r/\1    11 • U0 Mil LC.WI.) rtc.r.u   ~   MLLC.1'1 n...         rHt\ NU.     l'.Ot:180,:H4j~                  r. u 1111
  08/12/2004 THU 15:06 FAX 231 724 4700 CORPORATE                   COUNSEL ➔➔➔    LEWIS RliED                   ~004/00~




                                                                                                   Draft #2   1/IVOo(gm)


                     NOW THEREFORE, it is agn:i:d as follows:

                                   I. Effect Upon Existing Ammded Serytce Agreement
                     That except as •"Jlccificallymodified or amended below, all terms and corulitiom as set

            forth in Am11nded Service Agreement shell remain wialtcrod, and in full force and effect.

                            G          Ptovision for Fln•nclal Relief to Sapp! Fin~ P a p ~

                     By execution of this ''First Addendwn", the County and Loo.al Units acknowledge that

            they have individually, and collectively, made a determination that it is in the best interest of the

            System that the System's primary customer, Sappl Fine Paper, which historically has accounted

            fur •!'Proximately fifty percent (50%) of all flow to System, be afforded finaacial relief in

            accordance with the more specific tenns awl conditions hereinafter set forth in order to assist

            Sapp! ln maintaining marketplace competitiveness and firumcinl viability. To such end, the

            parties more specifically agree as follows:

                     A,      Debt. obligation ~socialed with existing $17 million bond.

                             Effective October I, 2003, any industrial customer that discharges !Ill annual

                             avera8e flow of l 0 milllo11 gallollB per day shall be acc:orded a forty percent

                             (40%) "volume discount", This trmslates into a payment factor of .6 on

                             service/debt charged imposed in conn~on with the retirement of such debt.

                             Any such indoslry satisfyin8 such n,quirement shall, as appropriate, be entitled to

                              tebat<> consistent therewith within sixty (60) days of execution of this agreement

                             by n.11 Locnl Units. 'Inls is in rofctQnce lo existing $17 million bond issue.




             11.,WPOATAILARKIN\Wffll\FIR.ST AODllNOUM TO AMllNDlll) SBI\VICB AORllllMBNT.do<                           2
HUl,-1;i-~uuq rl
                   B.       Debt Obligation Associated with Existing S23 and S2,3 url!lion Bond Issues
                            Effective Octobet 1, 2003, any industrial customer that discharges an annual

                            average flow oflO million gallons per day shall be entitled to a forty percent

                            (40%) ''volume discount" on payments which otherwise would be required to be

                            Inllde pumlllnt to the Muskegon County Wa.stBWater Management System-No. 1

                            C8!'acity Allocation Contract, July 27, 1989 version. This translates into a factor

                            payment of .6 of service/debt imposed in connection with the retimnent of such

                             debt, should otherwise be payllbk by any customer thereof. Rebate, as

                             appropriate, shall be provided withirt sixty (60) days of execution of this

                             Agreement by all T..ocal Units. This is in reference to a $2.3 million bond issue

                             referenced in Capacity Allocation Contract.

                    C.       Debt Obligation on Future Bond Payments

                             Bffccttveupon execution of chis Agreement by ell Local Units, industries

                             dischareJne an llmlnal average flow of 10 million gallons per day shall be entitled

                             to a forty peroent (40%) ''volume discowt'' in connection with th; service/debt

                             chnrgc associatd with any future bond pa)lments. This translates into a factor

                             pa)'fflent of .6 of service/debt charge customarily charged.

                                 III, Effect Upon E,cntlng Capacity Allocation Agmpnc11t
                    A.       Canacitv
                             Nothing in this Addendum •hall be construed, nor have the effect, of impairing

                             the capacity righu of any signator to the, Capacity Allocation Agreffl,ent, all of

                             which rights shall oontinue in full force and effect.



            ff~WPl>Al'A\I.ARKIN\W•l"'f'IRST AllDENl>UM TO A).IDl]lllt) SEltVJC£ AGIW!MENT.doo
Huu- 1J-cuuq rf(l 11 , uo Hl'I LtW l ~ Kttu l'x HLLtN n;             r AX NU, ,'tji:J~b:J 143!:J                       P, 09/11
  08/12/2004 TllU 15:06 FAX 231 724 4700 CORPORATE        COUNSEL ➔➔➔    LEWIS REED                      ~ UUli/UUij




                                                                                         Draft #2     anW«pm)

                  B.     Transference of [email protected]

                         Except as specifically provided below, the pro\'isions of the Capacity Allocation

                         Agreement, relating to the transfcmice of capacity, shall r=in in Ml force 1111d

                         effect.

                         However, recognizing that there is a critical need to lessen, or climinati: barriers

                         to enhancing customer base, and .recognizing further that the existence of su:rplus

                         e3pacity has lessened, if not eliminated, the practical value of such capacity as a

                         @mmodity available for sale or transfer for monetary consideration, the County

                         and Local Unit& hereby agree that !here shall be no payment required to be made

                         by any transferee of capacity, either to the System, or the tr1lnSfcror, either under

                          capa~ity allocation or Access Rights Agreement Provided, however, that any

                          such transferee of capacity shall prospectively remain fully obligated for future

                          bond pa)'IIlents llllder the Capacity Allocation. Agreement.



                              JV. EfFECTIVE!\'ESS &''P DJJ]¼.TION' OF AGREEMENT


                   A.     Effectiveness
                          This Agrccmoo! shall be deemed lo be ill full force and effect following execution

                          of some by !he County and all of the aforementioned Local Units and following

                          e:tecutiou of appropriate "consent" forms by the Service Agreement industries, or

                          their successors, as teferenced in Exhibit l of the Capacity Allocation Agreement.

                          Such "consent" shall be in form acceplable to County Corporate Counsel.



                                                                                                                 4
HUIJ- 1..1-cuu4 r   ru    11 • uo HI I LC.W 10 nr.r.u ~ HLLC.i'i   n.1         r HA J'lU,   c:m,:X)J J 4,.1::,                   r.   l U/ l J
  -08/12/2004 Tllll 15:06 FAX 231 724 4700 CORPORATE                COUNSEL ➔➔➔ LliWI~ lilihU                      ll!!UUI/UU~




                                                                                                     Draft #2 Muo,r,,.,,
                                Finally, in the event llllY provision of this Addendum Agreement shall be

                                detennined to be unlawful, or unenforceable by a court of competent jurisdiction,

                                or in the event such Agreement shall be legally challenged by any Setvice

                                Agc-.:.erncnt industcy as above referenced, then this Agreement shall be deemed

                                automatically null and void from such date forward.

                         B.     Duration

                                This Agrc.t.TA\LARXJN\Wa~IR.St· AODRNDUM TO I\MENDBD SElV(CR AGRV8M~.4o,c
                                                                                                                        s
IIV'-"   ,. v   LVV"T     I al   1 1 • vv   111 l   L.LO 1 U   J\LLV   U   l lLLLl1   I V           I nH   llV,   LUClJJV 1 '-tVV                 f ,   1 I/ 1 1

   08/12/2004 TI!1l 15:07 FAX 231 724 4700 CORPORATE                                   COUNSEL ➔➔➔     lliWlS KE~U                  ~   uua1uua




                                                                                                                         Draft #2 ""m«,m>
                   CITY OF MONTAGUE                                                         TOWNSHIP OF EGELSTON

                   lly:                                                                     By: - - - - - - - - -
                   Its:                                                                     Its:

                                                                                            FRUITPORT CHARTER TOWNSHIP

                                                                                            By;
                   liy:
                                                                                            !ts:
                   Its:



                                                                                            By:
                   By:
                                                                                            Its:
                   !~:                                                                      CITY OF !WOSEVELT PARK

                   TOWNSIDP OF WHfffil.fALL                                                 By: - - - - - - - - -
                                                                                            Its:
                   By:
                    Its:                                                                    CITY OF MUSKEGON HEIGHTS

                    CITY OF WHITEHALL                                                       By:----------
                                                                                             Its:
                    By: - - - - - - - - -
                    Its:                                                                     TOWNSHIP OF FRUl'l1,AND

                    MUSKEGON CHARTER TOWNSRll'                                               By:---------
                                                                                             !IS:
                    By:
                    Its:

                    CITY OF NORUl MUSKEGON

                    By: - - - - - - - - - -
                    Its:



                     H:IWPDATA\LU!ClNIWn1mFJRST ADDENDUM TO AMENDBD SBRV1CE AGREeMSNT.doe                                                   6
                  FIRST ADDENDUM TO AMENDED SERVICE AGREEMENT

          This Addendum, is entered into by and between the County of Muskegon, Michigan, by

  and through its Department of Public Works [hereinafter referred to as the "County], and

 Laketon Township, City of Montague, Dalton Township, City of Norton Shores, Whitehall

 Township, City of Whitehall, Muskegon Charter Township, City of North Muskegon, Egelston

 Township, Fruitport Charter Township, City of Muskegon, City of Roosevelt Park, City of

 Muskegon Heights, and Montague Township, [hereinafter referred to as the "Local Units"].

                                               WITNESS ETH:

         WHEREAS, on July 7, 1998, a Consent Judgment was entered in the case of United

 States of America, et al v County of Muskegon, et al, Civil Action Number I :97 CV 486 (WD

 Michigan), which Consent Judgment incorporated by reference an "Amended Service

 Agreement" between County and Local Units; and

         WHEREAS, the purpose of both the Consent Judgment, and incorporated Amended

. Service Agreement, was to clarify rights and responsibilities of both the County and Local Units

 with respect to the management and operation of the Muskegon County Wastewater

 Management System Number I [hereinafter sometimes referred to as the "System"]; and,

         WHEREAS, the pmiies are desirous of executing a "First Addendum" to said Amended

 Service Agreement in order to provide financial relief to the System's major customer, Sappi

 Fine Paper, and,

         WHEREAS, both the County and Local Units deem it to be in the public interest, and in

 the interest of the customers of the System, that financial relief be afforded to Sappi.




C:\DOCUME-l\kncslund\LOCALS-1\Temp\c.notes.daLa\fJRST ADDENDUM TO A/'v!ENDED SERVICE AGREEMENT-final-11-9.doc
          NOW THEREFORE, it is agreed as follows:

                        I. Effect Upon Existing Amended Service Agreement.

         Except as specifically modified or amended below, all tenm and conditions as set forth in

 Amended Service Agreement shall remain unaltered, and in full force and effect.

                        II. Provision for Financial Relief to Sappi Fine Paper.

         By execution of this First Addendum, the County and Local Units acknowledge that they

have individually, and collectively, made a determination that it is in the best interest of the

System that the System's primary customer, Sappi Fine Paper, which historically has accounted

for approximately fifty percent (50%) of all flow to System, be afforded financial relief in

accordance with the more specific terms and conditions hereinafter set forth in order to assist

Sappi in maintaining marketplace competitiveness and financial viability. To such end, the

parties more specifically agree as follows:

         A.       Debt Obligation Associated with Existing $17 million Bond.

                 Effective October 1, 2003, any industrial User that discharges an annual average

                  flow of 10 million gallons per day shall be accorded a fmty percent (40%)

                 "volume discount". This translates into a payment factor of .6 on service/debt

                 charge imposed in connection with the retirement of the $17 million bond. Any

                 such industry satisfying such requirement shall, as appropriate, be entitled to a

                 rebate consistent therewith within sixty (60) days of execution of this First

                 Addendum by the County and all Local Units. This is in reference to the existing

                 $17 million bond issue.

        B.       Debt Obligation Associated with Existing $23 and $2.3 million Bond Issues

                 Effective October 1, 2003, any industrial User that discharges an annual average

                 flow of 10 million gallons per day or more shall be entitled to a fmty percent


C:\DOCU!VIE-l\kneslund\LOCALS-1\Temp\c.notes.data\FIRST ADDENDUM TO AMENDED SERVICE AGREEMENT-final-l l-9.doc   2
                   amount, together with interest calculated at the rate of 4% per annum prior to the

                  expiration of this First Addendum.

                         III. Effectiveness and Duration of First Addendum

         A        Effectiveness

                  This First Addendum shall be deemed to be in foll force and effect following

                  execution of same by the County and all of the aforementioned Local Units.

                  In the event any provision of this First Addendum shall be dete1111ined by a court

                  of competent jurisdiction to be unlawful or unenforceable, all other provisions

                  shall remain in full force and effect.

         B.       Duration

                  This First Addendum shall run concurrent with the Amended Service Agreement

                  previously entered into between the County and Local Units. Provided, however,

                  the provisions of Article II of this First Addendum, providing for financial relief

                 for Sappi Fine Paper and/or other large Users, shall be deemed to continue

                 through September 30, 2008 or, upon such date as Sappi Fine Paper's or other

                 User's annual average discharge is reduced below the level of IO million gallons

                 per day, calculated on an average mmual basis, whichever occurs first. The net

                 effect, insofar as Sappi is concerned is that Sappi shall be eligible for up to five

                 (5) annual reductions and/or rebates on debt.



        IN WITNESS WHEREOF, the pmiies hereto, by and through their respective boards and

commissions, have executed this First Addendum, effective as of the ____ day of - - - ~

2004.




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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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