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CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 22, 2008
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
a CALL TO ORDER:
a PRAYER:
a PLEDGE OF ALLEGIANCE:
a ROLL CALL:
a HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION:
• CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Request for Muskegon Athletic Club. LLC. 333 Western.
Suite B. CITY CLERK
• PUBLIC HEARINGS:
a COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1174 Jefferson Street. PUBLIC SAFETY (Tabled from June 24,
2008)
• NEW BUSINESS:
A. Nuisance Business Ordinance. CITY MANAGER
B. Police Patrol Agreement. CITY MANAGER
a ANY OTHER BUSINESS:
a PUBLIC PARTICIPATION:
• Reminder: lndivldva/s who would like to address the Cily Commission shall do the fol/owing;
• FlU out a request to ~peak form afiached to the agenda or !ocoted in the bock of the room.
• Subml! the form lo the City Clerk.
• Be recognized by the Chair.
• Step IO!Ward to tile microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed lO minutes if previously registered with City Clerk.)
• CLOSED SESSION:
• 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 ANN
MARIE BECKER, CITY CLERI<, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
Date: July 22, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the July ih
Commission Worksession, and the July 8th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 22, 2008
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, July 22, 2008.
Mayor Warmington opened the meeting with a prayer from George Monroe
from the Evanston Avenue Baptist Church 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 Stephen Gawron,
Commissioners Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierenga,
and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2008-65 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the July 7th Commission
Worksession, and the July 8th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Request for Muskegon Athletic Club, LLC, 333 Western,
Suite B. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Muskegon Athletic Club, LLC for a Dance-
Entertainment Permit and Official Permit (Dance-Entertainment) for Sundays,
11 :00 a.m. to 12:00 p.m. You approved the request for a Class C License at the
May 27, 2008, City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2008-66 UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1174 Jefferson Street. PUBLIC SAFETY (Tabled from June 24,
2008)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 117 4
Jefferson Street (Area l 0) is unsafe, substandard, a public nuisance and that it
be demolished within 30 days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1174 Jefferson.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
2008-67 NEW BUSINESS:
A. Nuisance Business Ordinance. CITY MANAGER
SUMMARY OF REQUEST: To approve the Nuisance Business Ordinance to provide
a mechanism to address nuisance businesses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance.
COMMITTEE RECOMMENDATION: The City Commission has reviewed this
concept and directed City staff to prepare a final ordinance for consideration.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
Nuisance Business Ordinance as presented.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga,
Wisneski, and Carter
Nays: None
MOTION PASSES
B. Police Patrol Acjreement. CITY MANAGER
SUMMARY OF REQUEST: To approve a tentative agreement with the Police
Officers Labor Council (Police Patrol union) for a three-year contract.
FINANCIAL IMPACT: Varies from year to year.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the proposed tentative agreements.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Police Patrol agreement.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierenga
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were made.
ADJOURNMENT: The City Commission Meeting adjourned at 5:38 p.m.
Respectfully submitted,
~\~JJr~¼ ~L~,
Ann Marie Becker, MMC
City Clerk
Date: July 22, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Request
Muskegon Athletic Club, LLC
333 Western, Suite B
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Muskegon Athletic Club, LLC
for a Dance-Entertainment Permit and Official Permit (Dance-
Entertainment) for Sundays, 11 :00 a.m. to 12:00 p.m. You approved the
request for a Class C License at the May 27, 2008, City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
•~ (.y Z.,"5 O"/, \\~
Michig >epartment of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN L11.!UOR CONTROL COMMISSION (MLC..,,
7150 Harris Drive, P.O. Box 30005 Request ID# 477476
Lansing, Michigan 48909-7505
Business ID# 212537
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
June 18, 2008
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: MUSKEGON ATHLETIC CLUB, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
ANDREWW. BUCK, 5912 SOUTH SHORE DRIVE, WHITEHALL, Ml 49461 H&B(231)557-3783
JO ANN TREGONING, 2411 LAKE AVENUE, UNIT #29, NORTH MUSKEGON, Ml 49445
H&B(231)744-1599
The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998. For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.
For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. The clerk should complete the
resolution certifying that your decision of approval or disapproval of the application was made at an
official meeting. Please return the completed resolution to the MLCC as soon as possible.
If you have any questions, please contact the On-Premises Section of the Licensing Division as (517)
636-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# 477476
Lansing , Michigan 48909-7505
Business ID# 212537
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
September 23, 2008
TO: Muskegon City Commission *****AMENDED*****
933 Terrace Street TO INCLUDE NEW
PO Box 536 OUTDOOR SERVICE
Muskegon Ml 49443-0536 *****AREA*****
APPLICANT: MUSKEGON ATHLETIC CLUB, LLC
Home Address and Telephone No. or Contact Address and Telephone No. :
Andrew W. Buck, 5912 South Shore Drive, Whitehall Ml 49461 (231) 557-3783
Jo Ann Tregoning, 2411 Lake Avenue, Unit #29, North Muskegon Ml 49445 (231) 744-1599
The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998. For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.
For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. The clerk should complete the
resolution certifying that your decision of approval or disapproval of the application was made at an
offic_ial meeting. Please return the completed resolution to the MLCC as soon as possible.
If you have any questions, please contact the On-Premises Section of the Licensing Division as
(517) 364-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
ljt
Sep, 24. 2008 12:51PM No. 9803 P. 2
Request ID# 477476
••••• AMENDED""""""
RESOLUTION
2008-65(b)
At a _ _R_e~g,_u'-'l=-a=r________ meeting of the Cit Y Comm i s s ion
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on July 22, 2008 at 5:30 P.M.
The following resolution was offered:
Moved by Commissioner Carter and supported by Commissioner Shepherd·
That the request from MUSKEGON ATHLETIC CLUB, LLC for a new Class C license, issued under MCL
436.1521(a)(1)(b) with Dance-Entertainment Permit and Outdoor Service (1 area), to be located at 333 Western,
Suite B, Muskegon Ml 49440, Muskegon County.
be considered for Approval
(Approval or Disapproval}
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent 0 Absent:
It is the consensus of this legislative body that the application be:
_ _ _ _ _ _ _ _.:;Rc:ec:cc:o:..:m:::m:::.e=n.:::d.;::e.::;d'----------------- for issuance
(Recommended or Not Recommended}
State of Michigan _ _ _ __
County of Muskegon
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Commission ata _ ___.,R""e'=g..,u,.,ls.,a;.ar._-=--:--::-----
(Township Board, City or Village Council) (Regular or Special)
meeting held on July 22, 2008.
(Date)
(Signed~ )f~-jl'\;,A.-Z.A (~;'-- Jc 1 1.-,
(Township, City or Village Clerk)
SEAL Ann Marie Becker, MMC
933 Terrace. M11skegoo, MI 49440
(Mailing address of Township, City or Village}
LC'-, 3ofcR6·.;:-ci8/200,51 I ne l)epSinminl (II LP110r t tconomir. Gmwth will no1 di:;c:rirnim11te ;:1a;,~1i1! 11,;y;1!1.liVi·~..;..;1 o.- g,·ou!) btu;;l:IU!ie of race., su·, 1eliyiu11, a{ie,
/\u1hori1y:MCL 436.1501 11;:lliu(1;,l Cl{i~i(I, color, m1:1rl¼I &h>lu~. dl&al)II!(.,., "' poll11C81 t.loili,*. 11 YO') nr.c:11 hr.!p with reading, writiria, rl{l;)ririo, Gtr.,, uni,s; IM Ameri1:1:1ns
Comi,1auon: Manaaiory With Oi;.:ihiillir.!; Ar.I, YCAJ ffiil".j m;:ike YCHJI rnieds know,1 tu Uli6 ag1:1ncy.
P.,u;,,h . Nu Lic.:,,,-;iu
Request ID# 477476
RESOLUTION
2008-65(b)
At a _ ___.R""ex.;g:~u-1.,..a_..r_______ meeting of the city Commission
(Regular or Special) (Township Board, City or Village Council)
calledtoorderby Mayor Warmington on ,July 22, 200B at 5;30 P.M.
The following resolution was offered:
Moved by Commissioner Carter and supported by Commissioner Shepherd
That the request from MUSKEGON ATHLETIC CLUB, LLC FOR A NEW CLASS C LICENSE ISSUED
UNDER MCL 436.1521(a)(1)(b) WITH DANCE-ENTERTAINMENT PERMIT AND OFFICIAL PERMIT
(DANCE-ENTERTAINMENT) FOR SUNDAYS, 11 ;00 AM. TO 12:00 P.M. TO BE LOCATED AT 333
WESTERN, SUITE B, MUSKEGON, Ml 49440, MUSKEGON COUNTY.
IN ADDITION TO PRIOR APPROVAL ALREADY GRANTED AS PER ATTACHED COPY OF
RESOLUTION ADOPTED ON MAY 27, 2008.
be considered for _ _;:_A.=. .Pc.. 1P.:. . ;r: .::....
. o v.c....:.:.a.;:;.l_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: ____7_ _ _ _ __ Yeas: _ _ _ _ _ _ _ _ __
Nays: _ _ _..,,,__ _ _ _ __ Nays: _ _ _ _ _ _ _ _ __
Absent: - -----"'
O_ _ _ _ __ Absent: _ _ _ _ _ _ _ __
It is the consensus of this legislative body that the application be:
_ _ _ _ _ _ _ _ _. . cR-'-e'-c_o.;,_mc.:.:m:.:. :. .=. ec.:n. .:.;d_;; e_;; d_ _ _ _ _ _ __ _ _ _ _ _ _ for issuance
(Recommended or Not Recommended)
State of Michigan _ _ _ __
County of Muskegon
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Commission at a _ R=..;_; _e.. ,_g.. ;. u. ; ; 1. .; .a;. ; ;_
r _ _ _ _ _ __ _
(Township Board , City or Village Council) (Regular or Special)
meeting he!d on jTU1¥~._ 2008.
(Date)
(Signed)_.......,._ __ _ _ _.;_____ (.,.\
(Township, City or Village Clerk)
SEAL Ann Ma rie Becker, MMC
933 Terrace, Muskegon, MT 49440
(Mailing address of Township, City or Village)
LC-1305 {Rev. 08/2006) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex , relig ion, age,
Aothority: M CL 436.1501 national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory wilh D isabilities Act, you may make your needs known to th is agency.
Penall : No License
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO, 2008-48 ( d)
A resolution concerning the issuance of a Downtown Development
Authority District On•Premises Liquor License pursuant to
43&.15:u:a(I){b) of the Michigan Compiled Laws.
The City Commission of the City of Muskegon hereby RESOLYES:
Recitals
I. Muskegon Athletic Club, LLC has applied for a Downtown Development
Authority District On-Premises Liquor License for the premises at 333 Western
Avenue, Suite 28, which is located within an area established by the City
Commission as a redevelopment project area pursuant to 436.1521 a( l)(b) of the
Michigan Compiled Laws.
2. It is required that the City Commission approve a specific applicant, at a specific
location "ABOVE ALL OTHERS".
3. This resolution was approved at the regular meeting of the City Commission on
May 27 2008.
City Commission Findings
The City Commission is satisfied that:
I. That the applicant has sufficiently demonstrated a commitment for a capital
investment of not less than $75,000 for the build-out and improvements of the
building that will house the licensed premises, which amounts shall be expended
before the issuance of the license.
2. That the licensed business shall be engaged in dining, entertainment or recreation,
that is open to the general public, with a seating capacity of not less than 50
persons.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
The City Commission deems it to be in the best interest of the City of Muskegon
to approve the application of Muskegon Athletic Club, LLC, for a Downtown
Development Authority District On-Premises Liquor License for the premises at
333 W. Western Avenue, Suite 28, pursuant to 436.152la(l)(b) of the Michigan
Compiled Laws, and recommends to the Michigan Liquor Control Commission
the issuance of said requested license "ABOVE ALL OTHERS".
Adopted this E_ day of May , 2008.
AYES: Wierenga, Wisneski, Carter, Gawron, Shepherd, Spataro,
and Warmington
NAYES: None
ABSENT: None
By:
By: \)v'>~~~~-GJ~
Ann Marie Becker, MMC
Its Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on May 27, 2008.
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:~\'<'\i'r-.~ I kl,t,L,,
Ann Marie Becker, MMC
City Clerk
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4)]
June 18, 2008
MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID#: 477476
Applicant:
MUSKEGON ATHLETIC CLUB, LLC REQUESTS A NEW CLASS C LICENSE ISSUED UNDER MCL
~~ 436.1521(a)(1)(b) &-sBf\71 t lCEN&&IN CONJUNCTION WITH
DANCE-ENTERTAINMENT PERMIT,
OFFICIAL PERMITS (FOOD, DANCE-ENTERTAINMENT), AND OUTDOOR SERVICE AREA TO BE
LOCATED AT 333 WESTERN , SUITE B, MUSKEGON, Ml 49440, MUSKEGON COUNTY.
Please make an investigation of the application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.
Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.
If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.
sfs
LC-1972(Rev. 09/05) The Department of Labor & Economic Grovlth will not discfiminate against any individual or group because of race, sex, re ligion, age,
Authority: MCL 436.1201(4) national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Oisabililies Act, you may make your needs known to this agency.
P enal! : No License
~ (._,, 2..-4,, '() ~ ~~
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# 477476
Lansing, Michigan 48909-7505
Business ID# 212537
POLICE INVESTIGATION REPORT
[Authorized by MCL 436.1217 and R 436.1105; MAC]
Please conduct your investigation as soon as possible, complete all four sections of this report and return the
completed report and fingerprint cards to the MLCC
I LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
MUSKEGON ATHLETIC CLUB, LLC REQUESTS A NEW CLASS C LICENSE ISSUED UNDER MCL 436.1521(a)(1)(b) &
~ rCBII.SE IN CONJUNCTION WITH DANCE-ENTERTAINMENT PERMIT, OFFICIAL PERMITS (FOOD, DANCE-
ENTERTAINMENT), AND OUTDOOR SERVICE AREA TO BE LOCATED AT 333 WESTERN, SUITE B, MUSKEGON, Ml
49440, MUSKEGON COUNTY.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
ANDREW W. BUCK - MEMBER JO ANN TREGONING - MEMBER
5912 SOUTH SHORE DRIVE 2411 LAKE AVENUE, UNIT #29
WHITEHALL, Ml 49461 NORTH MUSKEGON, Ml 49445
H&B(231)557-3783 H&B(231 )744-1599
I DAT~ FINGERPRINTED: 7- 1) -UB DATE FINGERPRINTED:
7-// · iJJ- I
DATE OF BIRTH: 11- 11 - ?,5 DATEOFBIRTH: / - /tl--l/f'
Is the applicant a U.S. Citizen: .,0_ Yes No* •
Is the applicant a U.S. Citizen: Yes No* •
*Does the applicant have permanent Resident Alien status? *Does the applicant have permanent Resident Alien status?
•
Yes No* • •
Yes No* •
*Does the applicant have a Visa? Enter status: *Does the applicant have a Visa? Enter status:
**Attach the finqerprint card and $30.00 for each card and mail to the Michiqan Liquor Control Commission** I
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: Felony Misdemeanor • •
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. INVESTIGATION OF BUSINESS AND ADDRESS TO BE LICENSED I
Does applicant intend to have dancing, entertainment, topless activity, or extended hours permit?
• No lgYes, complete LC-1636
Are gas pumps on the premises or directly adjacent? ~ o Yes, explain relationship: •
I Section 3. LOCAL AND STATE CODES AND ORDINANCES, AND GENERAL RECOMMENDATIONS
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning , fire , sanitation and health laws
and ordinances, if this license is granted? ~es No •
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. RECOMMENDATION
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? @- Yes No •
2. Is the proposed location satisfactory for this business? )<I: Yes D No
3. Should the Commission grant this request? Yes No m. •
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
(.__ . j ~ 7 - t i - '--J ~
re (Sheriff or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 (Rev. 07/06) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436. 1217 and R 436.1105; MAC national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known lo this agency.
Penall : No License
06/16/ 08 12:15 FAX 2317227866 PARMENTER O'TOOLE 141003
(
Mlch1!1an Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigsn 48909-7505
Request ID# 41.7~];,
Business ID# 2l2s3')
APPLICATION FOR OFFICIAL PERMIT FOR
DIFFERENCE IN HOURS OF OPERATION
[Authorized by MCL 436.1916 and R 436.1403]
Applicant or Licensee Name: Muskegon Athletic Club, LLC
333 Western Avenue, Suite 2B, Muskegon, MI 49440
Address:
Type of License: Class C and SDM LicehsG No.:
The MLCC is requested to grant an extended hours permit for; (check boxes that apply). INCLUDE A $70.00
INSPECTION FEE AND MAKE PAYABLE TO THE STATE OF MICHIGAN.
~ Dance (To apply for this purpose you must have a separate Dance Permit issued by the MLCC)
~ Entertainment (To apply for this purpose you may have to have a separate Entertainment Permit issued by the
MLCC).
~ Operating our restaurant for the sale of food (Must have a full Service kitchen)
D Operating night league bowling, tournaments or Sunday morning bowling
• Registering golfers
• Registering Skiers
• Registering Tennis Players
• Registration of Guests
• Meetings
• Special Events, Indicate below Specific Event or Events that will be occurring.
• Athletic Activities, Indicate below Specific Athletic activities that will be occurring.
• Others Please Specify Activities:
Page 1 of 2
____
06/16/0_8 12: 15 FAX 2317227866 ___ PARMENTER O'TOOLE
141004
Application for Difference in Hours of Operation (cont'd)
NOTE: The licensed premises may not be occupied by anyone except the licensee and bona fide employees who are
worl<ing between the hours of 2:30 A.M. and 12:00 Noon on any Sunday or from 2:30 A.M, until 7:00 A.M, on any other
day, Please indicate below the extended hours you are applying for to conduct the activities indicated on Page 1.
3
Weekdays ·7 : OO A.M. to 2 : o A.M. Note: Saturday night after midnight is Sunday and requires
Sunday hours if the premises is to be occupied after
2:30A.M.
Sundaysll:OO A.M. to lZ:O0 ~/P.M.
Will Licensee be conducting the requested activity? !;8:JYES O NO
If no, attach a request for waiver of R 436.1437 and copy of concession and/or licensing agreement for person conducting
that activity,
It ls understood that the licensee issued an extended hours permit shall not allow customers on the licensed premises
during the llrne period provided by the extended hours permit unless the actlvities, and only those activities, allowed by
the extendM hours permit are occurring. If you apply for two separate activltles and the activities are for different hours
you must fill out and attach a separate application, THIS PERMIT DOES NOT ALLOW THE SALE, SERVICE, OR
CONSUMPTION OF ALCOHOLIC LIQUOR DURING THE EXTENDED HOURS.
ISSUANCE OF THIS PERMIT REQUIRES APPROVAL BY YOUR LOCAL LAW ENFORCEMENT AGENCY. IF
MAKING APPLICATION FOR EXTENDED HOURS FOR DANCE OR ENTERTAINMENT A RECOMMENDATION
FROM THE LOCAL LEGISLATIVJ:, BODY IS ALSO REQUIRED.
Your request will be referred to your local law enforcement agency and local legislative body (if needed) for their
recommendation upon receipt of a complete and acceptable application and the required $70,00 inspection fee.
THE LICENSEE/APPLICANT, AN AUTHORIZED CORPORATE Ol'FICER OR MEMBER OF A LIMITED LIABILITY
COMPANY MUST SIGN THIS APPLICATION.
Licensee or Applicant S i g n a t u r e s : ~ ~ , ; ~
An rew . ,-ember
CONTACT INFORMATION
Name: Andrew W, Buck
Address: 5912 South Shore Drive Whitehall MI 49461
(street address) (city) (state)
Phone Number: (231) 557-3783
E•Mail Address: lettcr22@clrnner.net
Page 2 of 2
LO-Hi (Rer.'. 1~01111) Thu Del,\ilnrn~nt ol L3bor & J:;:<;1,r.amlc G/l'tl>/lh v.1n notdfta'lmlnel& il(l.iln:.l MylndMdua1 orgrcuci beceu~ er ra~, SBX, rell n, ari11,
Aillhtiril'(. MCL436.1816Bnd ru26.1403 nilllon;J! odgln. color. martl31 l!.\all/6, dl~blaty, tir pollUca! tJqllaf11. Ir )'OU ne!W llclpwilh mad.'ng, wrilln~. healtlll, glc., under lhe AmCfic.:m:.
Ctpppllllkl'i: M:\ruta!OI)' wilh Dl39bl~!!~ ACI, yi,ll may l'Jl'lk(l yllllr naeo's ltncwn lo 11\IB 090ncy.
enall, N Lktln~a lllorPeJmiL
~ ~-~' O~~
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# 4'--'-7...!..74...!..7c..::6c.___ _
Lansing, Michigan 48909-7505
Business ID# 212537
LAW ENFORCEMENT RECOMMENDATION
[Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]
June 18, 2008
TO:
Re: MUSKEGON ATHLETIC CLUB, LLC
We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
reauest should be directed to the MLCC Licensing Division at (517) 322-1400.
[:8J OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: FOOD
Weekdays AM. to AM.
Sundays 11 :00 AM. to 12:00 P.M.
~ ecommended D Recommended, subject to final inspection D Not Rec.ommended
NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
must complete the box below. If additional space is needed please use reverse side of this form . .
[:8J OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: DANCE-ENTERTAINMENT
Weekdays AM. to AM.
Sundays 11:00 AM. to 12:00 P.M.
W Recommended D Recommended, subject to final inspection D Not Recommended
[:8J DANCE PERMIT
W Recommended D Recommended, subject to final inspection D Not Recommended
[:8J ENTERTAINMENT PERMIT
~ ecommended D Recommended, subject to final inspection D Not Recommended
• TOPLESS ACTIVITY PERMIT
D Recommended D Recommended , subject to final inspection D Not Recommended
Law Enforcement Recommendation (cont'd)
Page2
June 18, 2008
~ OUTDOOR SERVICE
~ ecommended D Recommended, subject to fina l inspection D Not Recommended
• PARTICIPATION PERMIT
D Recommended D Recommended, subject to fina l inspection D Not Recommended
• ADDITIONAL BAR PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
•
D Recommended D Recommended, subject to final inspection D Not Recommended
Signed :
f t;;==.L.. l ~ . Q tl-1 ~ 1<- ~r< r'u<.. 1 <.:..<.:
Signature and Title
~TT-1--Q N Y l-. I -<..__
I,-,,.. J L<.!: t!'?, 0.C..( C..l.:=-A.__ Gt-1-.( '--
'- t -<- c.:, ✓ -::... JI'/~
J' -l c:..._(._'--
Print Name and Title
MUSKEGON POLICE DEPARTMENT
Date: _ _7_ _ -_,_,_-_u_ V
________
sfs
LC-1636 (Rev. 0812006) The Department of Labor & Economic Grow1h will not discriminate against any individual or group because of race, sex, religion, age.
Authority: MCL 436.1916, R 436.1105(2)(d) and national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing. hearing, etc.• under the Americans
R436.1403 with Di sabilities Act, you may make your needs known to this agency.
Completion: Mandatory
Penaltv: No License and/or Permit
LIQUOR LICENSE REVIE\V FORL,t
Business Name: JJ/u,s rv 017 dt/2 /e, f1 c.
AKA Business Name (if app1icable): _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: JlnJccw !Ju,,)( aaJ
Business Address: J
./Jlus%f:Pea7 tJJJ VYYtJ
Reason for Review:
New License ~ Transfer of Ownership D Dance Permit jSZl
Drop/Add Name on License D Transfer Location - •
Drop/Add Stockholder Name D New Entertainment Permit D
Other
-------------------------
Deadline for receipt of all infol'mationl
Public Safety Approved fiJ1 Denied D No Action Needed D
Income Tax Approved D Owing D Amount: _ __ _
Treasurer Approved D Owing D Amount: ----
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved D Owing D Amount: - ---
· Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~ L · I~ ·
Please return to the City Clerkttlce
LIQUOR LICENSE REVIE\V FORi,t
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ __ _ _ __
Operator/Manager's Name: JlnJrclt/ /Jue.I< aad
Business Address: J
/J/4 </(~ en /JJ/
7
· '/lYftJ
Reason for Review:
New License ~ Transfer of Ownership • .Dance Permit ~
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
-------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approve~ Owing D Amount:
Treasurer ·Approved~ Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
~.:,:;.r;b-
. Department Signature___ ___.;...
· _____-_·__J..,.(/_c:,../I,., ;cr:: :;-1~-+------
Please return to the City Clerk's Office
LIQUOR LICENSE REVIE\V FORl,1:
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ __ _ _ __
Operator/Manager's Name: Andrew !Ju Gf aod
Business Address: 7
/Jiu s/(?JP ea
1
tJJJ 1/lfYtJ
Reason for Review:
New License ~ Transfer of Ownership D Dance Permit J2l
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Per mit D
Other
------------------ -------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D . No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved ~ Denied D Pending ZBA •
Clerk's Approved D Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
. Department Signature & ~ ~- - -
Please return to the City Clerk's Office
LIQUOR LICENSE REVIE\V FOR1,1
Bu~iness Name: /lk.s ;f$;J?' 01:; /J;/2 /e., f1 ~ ilC
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name_: dn&ckt/ ·!Ju<.f aarf :Xdnn . lc<)jlatU'r)j
Business Address: tdc.stc,tr,,
Ylffl}
Reason for Review:
New License ~ Transfer of Ownership D Dance Permit JS2l
Drop/Add Name on License D. Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
-------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved D Owing D Amount:
·FireH111p uti111s Approved ITJ/ Denied D Remaining Defects D
~/tJU✓ C4/,cJoAi & ~v/
·P.:;ec.(/4, AJ o/ & c:J zrt" ,c/ - "
_ Depa rtment Signature_ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ __
Please return to the City Clerk's Office
LIQUOR LICENSE REVIE\V FORl,1
Bu~iness Name: _IJ/2;.s~oc; //;-/2/(:;f;'c l iC
AKA Business Name (if applicable): _ _ _ _ _ __ _ _ _ _ _ _ __
Operator/Manager's Name: //nJccw /lu c. f aoJ
Business Address:
Yl fYI}
Reason for Review:
New License ~ Transfer of Ownership • Dance Permit J52l
Drop/Add Name on License D. Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ __
Deadline for receipt of all information: _ _ _ _ _ _ _ __ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved ✓ Owing D Amount:
· Fire1Inspections Approved Denied D Remaining De fects D
. Department Signature._ ~:...41::::...,..~__.:_--~-- - - - - - - - - -
Please return to the City Clerk's Office
Affinnative Action
(231 )724-6703
FAX (231 )722-1214
Assessor
(23 l )724-6708
FAX (23 l )726-518 l
Cemetery
(231 )724-6783
FAX (231 )726-5617
City Manager
West Michigan's Shoreline City
www.shorelinecity.com
(23 l )724-6724
FAX (231 )722- 1214
Civil Service
(23 l )724-6716
FAX (231)724-4405
Clerk
(231 )724-6705
FAX (231 )724-4178 July 23, 2008
Comm. & Neigh.
Services
(231 )724-671 7
FAX (231)726-250 1
Engineering
Liquor Control Commission
(23 1)724-6707 7150 Harris
FAX (23 1)727-6904
PO Box 30005
Finance Lansing, MI 48909-7505
(231 )724-67 13
FAX (23 1)724-6768
Fire Department
REF: Req ID #477476
(231 )724-6792 Muskegon Athletic Club, LLC
FAX (231)724-6985
333 Western, Suite B
[ncomeTax Muskegon, MI 49440
(23 1)724-6770
FAX (23 1)724-6768
To Whom It May Concern:
Info. Technology
(23 1)724-4126
FAX (231)722-4301 - .-/"':~-~
~----~--~.......--.l-~!A. :r-. n:r,:rn~~•...:- - ·, ~
SENDER·::coMPt.Eni:THIS.SEe· U.S. Postal Serv1cem- · ·
Inspection Services
(231 )724-67 15
t •,•. ,.,. ' ., •
CERTIFIED MAIL,., RECEIPT .,;ded)
FAX (231 )728-4371 (Domestic Mail Only; No Insurance Coverage pr~
Leisure Services
(23 1)724-6704
FAX (231)724- 11 96
Mayor's Office Sincerely,
(231 )724-670 I
FAX (231)722-12 14
Planning/Zoning J
(231 )724-6702
FAX (231 )724-6790 Linda Potter
Police Department Deputy Clerk
(231 )724-6750
FAX (231)722-5140
enc.
Public Works
(231)724-4 100
FAX (231)722-4188
Treasurer
____,. 02595-02-M
(23 1)724-6720 PS Form 3811, February 2004 Domestic Return Receipt
FAX (231)724-6768
Water Billing
(23 1)724-6718
FAX (231 )724-6768
Water Filtration
(231)724-4106
FAX (231 )755 -5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
DATE: 06/16/2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN050084
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1174 JEFFERSON ST- Area 10 is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.
Case# & Project Address: # EN050084 - 1174 Jefferson St.,Muskegon,MI
49441
Location and ownership: This structure is located on Jefferson Street between
Merrill and Monroe Streets and is owned by Chaunel Phillips/Gibson.
Staff Correspondence: A dangerous building inspection was conducted on
02/15/07. The Notice and Order to Repair was issued on 02/22/05. A building
permit was issued on 08/04/05, electrical issued 08/12/05 and plumbing issued
08/12/05. Rough-in inspections were conducted and approved but progress
halted when contractors walked away from job and no final inspections were
scheduled. A progress inspection was conducted 01/03/08. The case came
before HBA 09/01/05 to monitor progress on case and was tabled until January
2006 to allow owner to complete repairs and schedule final inspections. The
case came back before HBA 10/04/07 because all permits had expired and no
progress inspections had been scheduled, the case was tabled with owner to
secure all new permits by October 15, 2007. The case came back before HBA
12/06/07 because no permits were issued. The case was tabled with owner to
schedule progress inspection. The case came back 01/03/08 and was declared
dangerous, substandard, and a public nuisance with a delay until June 2008
before bringing case to the City Commission.
Owner Contact: Owner was present for all HBA meetings. Owner disagreed with
cost of obtaining new permits. No new permits have been applied for, no final
inspections scheduled and no owner contact since the January 2008 HBA
meeting.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $38,300
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
CITY OF MUSKEGON
DANGEROUS BUILDING PROGRESS INSPECTION REPORT
1174 JEFFERSON ST
01/03/2008
Inspection noted:
Uncorrected
I. Drywall to be within 1/8" of edge of box.
2. Miscellaneous covers, devices & fixtures missing.
3. Need disconnect adjacent to water heater.
4. Are piggyback breakers rated for use in this panel?
5. Exterior lights to sit flush on siding.
6. Breakers to match panel.
Final Electrical is approximately 50 % done.
1. Lower bath unfinished needs to be completed.
2. Kitchen sink remains to be completed.
3. Need hammer mrestors for laundry & dishwasher.
4. Need return air.
5. Upstairs bath remains to be completed - adjoining.
6. Caulk toilet master bath.
7. AC remains - furnace condensate to tie into fitting.
8. Set up laundry (plumbing) -
9. Cleanout in basement to be accessible.
10. Basement & bath group remains to be completed.
11. Draft stopping (misc).
12. T & P drain on water max 4 " from floor; no threads.
Final Plumbing 30% complete.
1. Stair landing at front door; finish siding on columns.
2. Finish all drywall.
3. Lowest riser on stair not uniform out of 3/8 variable upper/lower.
4. Finish basement.
5. Under stair protection in basement.
6. Finish all draftstopping.
7. Take paper off exposed insulation.
8. All handrails and guardrails to code.
Final Building 60% complete.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
SUMMARY FOR: 1174 JEFFERSON ST
This structure is a two story wood frame single family dwelling that was involved in a
extensive fire in 2004. In 2005 this building was processed as a dangerous building
because no progress had been to rehabilitate or remove the structure. A progress
inspection was conducted in January 2008 and at that time electrical was 50% done,
plumbing was 30%, and building was about 60% complete. Since that time no new
permits have been issued, no inspections have been scheduled and no contact from the
property owner. This department has received a number of complaints about this
structure.
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
July 15, 2008
Nuisance Business Ordinance
SUMMARY OF REQUEST:
To approve the attached Nuisance Business Ordinance to provide a mechanism to address
nuisance businesses.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION
To approve the attached ordinance.
COMMITTEE RECOMMENDATION
The City Commission has reviewed this concept and directed City staff to prepare a final
ordinance for consideration.
pb\AGENDA - NUISANCE BZNZ ORDNC 071508
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2245
AN ORDINANCE TO BE SET FORTH IN ARTICLE VI OF THE CITY OF MUSKEGON
CODE OF ORDINANCES. THE PURPOSE OF SAID ORDINANCE IS TO ABATE
NUISANCES RESULTING FROM THE DISORDERLY AND DANGEROUS CONDUCT IN
AND AROUND BUSINESS ESTABLISHMENTS IN THE CITY OF MUSKEGON.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article VI of Chapter 50, as stated below, is hereby added to the City of Muskegon Code
of Ordinances.
Sec. 50-171. Definitions.
As used in this article:
Business activity means any action or acts of buying, selling, leasing,
renting, or otherwise marketing, any goods, services, merchandise or commodities
of any kind or description, whether or not conducted from a business
establishment.
Business establishment means any lot, building or structure, or a part
thereof, including, without limitation, leased or occupied space in a mall, store or
building, located within the corporate limits of the city, from which a person
engages in or causes to be engaged in any act or acts of buying, selling, leasing,
renting, or otherwise disposing of, performing or marketing, any goods, services,
merchandise or commodities of any kind or description.
Nuisance means any act or acts or omission to act on the part of any
person or group of people which creates or permits the existence of a situation
which annoys, injures or endangers the peace, welfare, order, health or safety of
the public in their persons, private property or public property, including public
sidewalks, parking lots, streets and alleyways surrounding business
establishments within the city. A nuisance results from disorderly and/or
dangerous behavior, including but not limited to increased noise, loitering,
littering, fighting, jostling, roughly crowding, use and/or display of weapons,
public intoxication, public indecency, obscene conduct, collecting in crowds for
unlawful purposes, or any other disruptive, obnoxious, offensive, threatening or
intimidating behavior that contributes to the disturbance of the peace and quiet.
Owner means any person who possesses or has any legal or equitable
interest in a business establishment. "Owner" also means any person who has or
exercises control, custody or dominion over any property and/or business
establishment. As used in this chapter, for purposes of notification, "the owner,"
"an owner" or "owner" shall mean the "owner/manager" indicated on the business
registration application filed with the city clerk to obtain a certificate of
registration pursuant to Section 50-33 of the City of Muskegon Code of
Ordinances.
Property means any land, structure, house, building, premises or any part
thereof.
Sec. 50-172. Findings with respect to disorderly and/or dangerous conduct.
The city determines that whenever repeated instances of disorderly and/or dangerous
behavior occur on or near any business establishment and that business establishment is
repeatedly the site of disruptive public behavior a public nuisance results. Such a public
nuisance results from the increased criminal activity that occurs in the neighborhood surrounding
the relevant business establishment, the fear engendered in the minds of the public and the
disturbance of the peace and quiet of those people living, recreating, shopping and/or doing
business in the neighborhood surrounding the business establishment.
A public nuisance is created where a business establishment or its effect on the
neighborhood in which it is located is not reasonably harmonious with adjacent land uses and
with the attitudes of adjacent residents and property owners. A public nuisance may be one that
causes law enforcement problems to the degree that effective law enforcement in the remainder
of the city has been or will be impaired or denied. A finding that a business establishment is a
public nuisance is not dependent upon any wrongdoing attributed to the owner, bur rather a
showing that the disorderly and/or dangerous conduct continues to exist at the owner's business
establishment.
Sec. 50-173. Declaration of public nuisance.
(a) Whenever repeated instances of disorderly and/or dangerous
conduct, as outlined in Section 50-172, occurs on or near any business
establishment, the City Commission may declare, by resolution, that the business
establishment is a public nuisance and order that the nuisance be abated as
provided in this chapter. Such a declaration may occur only after there has been
notice given to the owner of the business establishment and the owner has had an
opportunity to be heard at a public hearing.
(b) Notice of the public hearing shall be given to the owner and shall
consist of personal service or the mailing of a certified letter to the owner at the
mailing address indicated on the business registration application filed with the
city clerk to obtain a certificate of registration for the business establishment
pursuant to Section 50-33 of the City of Muskegon Code of Ordinances. The
notice shall state the nature of the alleged nuisance and the time, date and location
of the hearing. If the notice is served by certified mail, it shall be delivered with a
return receipt requested according to the practices of the post office. Receipt of
the return receipt card by the city indicating the owner or a representative of the
owner has received such notice shall be deemed notice to the owner. It shall not
be necessary that the card be returned if the certified mail has been refused or
there is other evidence that the owner has received notice. Such notice to an
owner shall occur by the said mailing with postmark or personal delivery at least
fourteen (14) calendar days prior to the date of the public hearing.
(c) The City Commission may appoint a hearing officer to conduct the
public hearing. The hearing officer, acting in a quasi-judicial capacity, shall make
a determination as to whether a public nuisance exists under the standards
established by this Article. The hearing officer shall make this determination
based solely upon the evidence presented at the public evidentiary hearing. In
conducting the public evidentiary hearing, the hearing officer shall afford the
owner, city personnel, other witnesses, and interested patties an opportunity to
present relevant and material evidence and to make arguments as to factual or
legal issues. Cross-examination of opposing witnesses shall be permitted. The
owner may appear in person and be represented by an attorney. Lay
representation is not permitted. In conducting its public evidentiary hearing, the
hearing officer shall not be bound by the rules of evidence and may admit and
give weight to probative evidence of a nature that is commonly relied upon by
reasonably prudent individuals in the conduct of their affairs. Irrelevant,
incompetent and immaterial evidence and unduly repetitious evidence shall be
excluded. A record of said hearing shall be made.
Sec. 50-174. Abatement of nuisance and costs; posting; recording and
listing of public nuisances.
If the hearing officer determines by a preponderance of the evidence that a
business establishment is a public nuisance, the City Commission may, by
resolution, in addition to any other remedies available to the city at law or in
equity, order abatement of the nuisance. The resolution shall state the factual
findings and the basis for the decision of the hearing officer in writing.
(I) The abatement process shall be conducted as follows:
(a) If it is determined that the business establishment is to be
closed temporarily, the City Commission shall order that all business activity end
and declare that all business activity is prohibited and authorize the Police
Department to prohibit any business activity from occurring at the business
establishment for a period of up to thirty (30) days for the first offense, up to sixty
(60) days for a second offense committed by the same owner within twelve
months from the last day of the first closure, up to ninety (90) days for a third
offense committed by the same owner within twelve months from the last day of
the second closure; and/or,
(b) Determine that the owner shall be liable for the full cost of
any materials and personnel (including police and any other city employees or
contractors) involved in ensuring that no business activity occurs at the business
establishment; and/or,
(c) Determine that the costs set out herein shall be a personal
debt of the owner and/or assess those costs against the business establishment as a
lien as provided for in this ordinance and by law, or both.
(2) The posting, recording and listing of public nuisances shall be as
follows:
(a) Whenever the City Commission shall have ordered a
business establishment to be closed temporarily, the Police Department shall post
a notice so stating at each entrance to any building on the property and shall
replace any notices that are missing or unreadable.
(b) The City Clerk shall maintain a list of those business
establishments that have been declared to be a public nuisance and of the remedy
ordered by the City Commission. Immediately upon a declaration of public
nuisance as provided for herein, the City Clerk shall add the business
establishment to the list. A list of such properties shall be available for public
inspection at the City Clerk's office.
(c) No person other than an authorized city employee shall
tamper with, damage, alter, destroy or remove any notice posted by the City.
(d) The City may, at its discretion, record an affidavit setting
forth its findings under this A1ticle and the remedies determined to apply to the
property at the Muskegon County Register of Deeds.
Sec, 50-175. Appeal.
(a) An owner aggrieved by any final determination by the City
Commission under this Chapter may appeal the determination to the Circuit Court
within twenty-one (21) days of the date of the decision.
(b) The Circuit Court shall review the City Commission's
decision to determine whether it is in violation of the law, has been procured by
fraud, if an abuse of discretion exists, and whether the decision is supported by
competent, substantial and material evidence on the record as a whole. The
Circuit Court's review shall be made upon the record made before the hearing
officer. It is the responsibility of the appealing party to demonstrate error, and to
present and settle the record. The Court may return the matter for further hearing,
reverse or modify the decision of the City Commission, or affirm the same. If the
court affirms the action of the City, or modifies it, the Court may provide any
order or relief it deems appropriate to enforce and aid in the enforcement of this
ordinance and the action of the City.
This ordinance adopted:
Ayes: Spataro, Warmington, Wierenga, Wisneski, carter, Gawron, and Shepherd
Nays: None
Adoption Date: July 22, 2008
Effective Date: August 16, 2008
First Reading: July 22, 2008
Second Reading: NIA
d\TY OF MUSKEGON
B y~l,\, ·cD·~ A ; , \( £ A..,(,,___'\
Ann Becker
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 22 nd day of July, 2008, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: July 31, 2008
Ann Becker
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on July 22, 2008, the City Commission of the City of Muskegon
adopted a new ordinance to the Muskegon City Code concerning the temporary closure of
business establishments found to be a public nuisance, summarized as follows:
I. Section 50-171 provides definitions for this ordinance.
2. Section 50-172 provides that repeated disorderly or dangerous behavior is a
public nuisance.
3. Section 50-173 provides that the City Commission may declare a business a
public nuisance and outlines the requirements for proper notice and a public
hearing for the business owner prior to such a finding.
4. Section 50-174 provides that the City Commission may order the nuisance abated
by temporarily closing the business and holding the owner liable for the City's
costs incurred. This section also requires the City Clerk to maintain a list of those
businesses that have been declared a public nuisance and allows the City to record
its findings regarding the property at the Muskegon County Register of Deeds.
5. Section 50-175 provides for a business owner's right to appeal the decision of the
City Commission.
Copies of the ordinance may be viewed and purchased at reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan during
regular business hours.
This ordinance is effective ten days from the date of this publication.
CITY OF MUSKEGON
Published: August 6, 2008 By: - - - - - - - - - - - -
Ann Marie Becker, MMC, Its Clerk
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM Bryon L. Mazade, City Manager
DATE: July 17, 2008
RE: Police Patrol Agreement
SUMMARY OF REQUEST:
To approve a tentative agreement with the Police Officers Labor Council (Police Patrol union)
for a three-year contract.
FINANCIAL IMPACT:
Varies from year to year.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION
To approve the proposed tentative agreements.
COMMITTEE RECOMMENDATION
None.
pb\AGENDA- POLICE PATROL AGREEMENT 071708
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