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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 9, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
A. Muskegon Big Reds.
• INTRODUCTIONS/PRESENTATION:
• CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Resolution for Charitable Gaming License - Muskegon Area Chamber
of Commerce. CITY CLERK
C. Liquor License Request- Dockers Restaurant LLC. CITY CLERK
D. SECOND READING: Amend City Ordinance 10-135 Removal of
Materials. PUBLIC SAFETY
E. Service Agreement with Professional Med Team Inc. PUBLIC SAFETY
F. Support Agreement - Internet Crimes Against Children Task Force.
PUBLIC SAFETY
G. FIRST READING: Zoning Ordinance Amendment - Appointment of
Zoning Board of Appeals Members. PLANNING & ECONOMIC
DEVELOPMENT
H. Extending the Deadline for Taking Action on Proposed Mall Historic
District. PLANNING & ECONOMIC DEVELOPMENT
I. Sale of Reversionary Interest of Unbuildable Loi Adjacent to 686
Marquette to the New Owner. PLANNING & ECONOMIC DEVELOPMENT
J. Special Event Application - Muskegon Air Fair. LEISURE SERVICES
K. Appointment to the Civil Service Commission. COMMUNITY RELATIONS
COMMITTEE
o PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Ameriform
Inc. PLANNING & ECONOMIC DEVELOPMENT
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
A. Approval of Contract for Payments in Lieu of Taxes for Renaissance
Place. PLANNING & ECONOMIC DEVELOPMENT
o NEW BUSINESS:
A. Transportation Improvements Program Submittal for: 200B-2011 and
Long Range Plan Projects. ENGINEERING
B. Lakeside Business Area Plan Endorsement. PLANNING & ECONOMIC
DEVELOPMENT
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do fhe following:
• Fill out a request to speak form atfached 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 10 minu!es if previously registered with Cily Clerk.)
o ADJOURNMENT:
ADA POLICY: THE C!TY OF MUSl<EGON 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 LINDA
POTTER, ACTING CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724"6705 OR TDD:
(231) 724-4172.
Date: January 9, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the December 1fh
Commission Worksession, the December 1ih Regular Commission
Meeting, and the December 28 th Special Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 9, 2007
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, January 9,
2007.
Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from 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,
Commissioner Lawrence Spataro, Sue Wierengo, Chris Carter, and Kevin Davis,
City Manager Bryon Mazade, City Attorney John Schrier, and Acting City Clerk
Linda Potter. Commissioner Clara Shepherd arrived at 5:33 p.m.
2007-02 HONORS AND AWARDS:
A. Muskegon Big Reds. Mayor Warmington presented Muskegon Big Reds
Coach Parker with a street sign in recognition of their 2006 Division 2 Football
State Championship.
2007-03 CONSENT AGENDA:
A. Approval of Minutes. Cl1Y CLERK
SUMMARY OF REQUEST: To approve minutes for the December l ]lh Commission
Worksession, the December 12th Regular Commission Meeting, and the
December 28 th Special Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License - Muskegon Area Chamber
of Commerce. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Area Chamber of Commerce is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a gaming license. They have been
recognized as a 501 (c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
C. liquor license Request - Dockers Restaurant LLC. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Dockers Restaurant LLC to transfer
ownership of the 2006 Class C Licensed Business with Dance-Entertainment
Permit, held in escrow, from Dockers, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval
contingent upon final inspection.
D. SECOND READING: Amend City Ordinance l 0-135 Removal of
Materials. PUBLIC SAFETY
SUMMARY OF REQUEST: On occasion each year Public Safety Division staff is
asked to waive the portion of the ordinance that addresses the removal of
below grade materials. This is generally associated with a project where the
removal is extremely costly and where acceptable options are available.
In order to streamline this process, staff is asking the Commission to amend
Section l 0- 135 of the Code of Ordinances regarding the removal of materials
during demolition. The amendment would allow the City Manager to waive all
or part of the ordinance regarding the removal of below grade materials. Such
waiver requests would include a review by the City Engineer.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the amended language.
G. FIRST READING: Zoning Ordinance Amendment - Appointment of
Zoning Board of Appeals Members. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2501 (Creation and
Membership, paragraph l) of Article XXV (Zoning Board of Appeals) regarding
the appointment of successor ZBA members within one month after the term of
the preceding member has expired.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding the appointment of successor
ZBA members.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their December 14, 2006, meeting. The vote was
unanimous with T. Harryman, B. Smith, and T. Michalski absent.
H. Extending the Deadline for Taking Action on Proposed Mall Historic
District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To extend the deadline for taking action on the
proposed Mall Historic District. A public hearing was held on January 21, 2004,
but no action was taken. This public hearing triggered an automatic one-year
deadline for taking action. City Commission extended this deadline for one
year in January of 2005 and again in January 2006. Because that deadline will
expire shortly, staff is requesting that the City Commission extend the deadline
for one more year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution extending the time period
to take action on whether or not to designate the Mall buildings as a historic
district.
I. Sale of Reversionary Interest of Unbuildable Lot Adjacent to 686
Marquette to the New Owner. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of the reversionary interest of the
unbuildable lot adjacent to 686 Marquette to Baymark Homes, LLC. The
property was originally sold to Charles and Lisa Hippchen and the bank (Wells
Fargo Bank NA) foreclosed on the home. Due to the reversionary clause in the
quit claim deed, the property reverts back to the City. Baymark Homes, LLC has
since bought the home at 686 Marquette and has paid the fee for the
unbuildable lot.
FINANCIAL IMPACT: The sale of the reversionary interest of the unbuildable lot to
Baymark Homes, LLC will keep the property intact and the City will not be
responsible for the maintenance.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
J. Special Event Application - Muskegon Air Fair. LEISURE SERVICES
SUMMARY OF REQUEST: The Muskegon Air Fair is requesting to host a Marti Gras
Fundraiser on February 17, 2007, to be held at the Greater Muskegon Woman's
Club. They are requesting to stop selling drink tickets at 11 :30 p.m., stop pouring
beverages at 12:00 a.m., and have the area cleaned up by 12:30 a.m. The
Leisure Services Special Event Policy section II, item f states: For Alcohol events,
the applicant shall agree to stop selling drink tickets at 70:30 p.m., stop pouring
beverages at 11 :00 p.m., and have the area cleaned up by 11 :30 p.m.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approved by Tony Kleibecker, Director of Public
Safety.
K. Appointment to the Civil Service Commission. COMMUNITY RELATIONS
COMMITTEE
SUMMARY OF REQUEST: To appoint David-George Newsome to the Civil Service
Commission.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the Consent Agenda as read minus items E and F.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2007-04 ITEMS REMOVED FROM THE CONSENT AGENDA:
E. Service Agreement with Professional Med Team Inc. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a service agreement with Professional Med Team (Pro-Med) to
provide a paramedic for the purpose of performing a blood draw, when
needed, of suspected intoxicated drivers. The paramedic will be dispatched
directly to the jail to perform the draw. This service will be utilized by all law
enforcement agencies within Muskegon County. Pro-Med is located within the
City.
FINANCIAL IMPACT: This agreement will reduce the cost of a blood draw from
the current rate of $120 (area hospital) to $75.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
(Voted with item F.)
F. Support Agreement - Internet Crimes Against Children Task Force.
PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a cooperative agreement with the United States Department of
Justice Internet Crimes Against Children Task Force and the Michigan State
Police. The agreement will result in the formation of a multi-agency work group
intended to combat crimes committed against children through the use of the
internet.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Service Agreement with Professional Med Team Inc. and the Support
Agreement for the Internet Crimes Against Children Task Force.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2007-05 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Ameriform
Inc. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Ameriform Inc., 1790 Sun Dolphin, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1790 Sun Dolphin
Drive, Muskegon. The total capital investment is approximately $4,800,700 with
$1, 123,000 in real property and $3,677,700 in personal property. This request
qualifies Ameriform Inc. for a term of 12 years for real property and 9 years for
personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for real property and 9
years for personal property.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:55 p.m. and approve the Industrial Facilities Exemption
Certificate for Ameriform Inc.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2007-06 UNFINISHED BUSINESS:
A. Approval of Contract for Payments in Lieu of Taxes for Renaissance
Place. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: A contract providing for a Payment in Lieu of Taxes for a
proposed senior housing development known as Renaissance Place LDHA LP,
has been requested in accordance with Section 2-6 of the City Code of
Ordinances. The property is located at 552 & 570 W. Clay Avenue. The
applicant, Mr. Karl Chew, is planning to develop 23 senior citizen units, and one
market rate unit (total of 24 units). The Commission and staff have requested
that Mr. Chew increase the number of market rate apartments in the
development, but Mr. Chew has declined to make adjustments, citing financial
reasons.
FINANCIAL IMPACT: Payments under the contract are proposed at 10%.
However, the first l - 6 years no taxes will be paid as the property is within a
Renaissance Zone. The payments will be made between years 7 -15.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The desire for additional market rate units remains. If
the developer is unwilling to make any further adjustments, the Commission can
either deny or approve the contract. If the Commission approves the contract,
the Mayor and Clerk should be authorized to execute the contract on behalf of
the City.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the contract for Payments in Lieu of Taxes for Renaissance Place.
ROLL VOTE: Ayes: Carter, Shepherd, and Warmington
Nays: Davis, Gawron, Spataro, and Wierenga
MOTION FAILS
2007-07 NEW BUSINESS:
A. Transportation Improvements Program Submittal for: 2008-2011 and
Long Range Plan Projects. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit the list of projects to the West
Michigan Shoreline Regional Development Commission for inclusion in the FY
2008-201 l Transportation Improvement Program (TIP). Projects submitted will be
considered for Federal and State transportation funding. Adoption of the
resolution is required as part of the submittal to commit the local match should
grants become available.
FINANCIAL IMPACT: None at this time; however, a local match will be required
should we receive a grant for a particular project.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the project submittal and resolution.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Transportation Improvements Program submittal for 2008-2011 and long-
range plan projects.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, and Carter
Nays: None
Absent: Wierengo (stepped out of the room)
MOTION PASSES
B. Lakeside Business Area Plan Endorsement. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to endorse the Lakeside Area Business Plan,
with recommendations.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends endorsing the plan, with the
recommendations provided by Planning Commission.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
endorsing the plan, with specific recommendations, at their December 14, 2006,
meeting. The vote was unanimous with B. Smith, T. Michalski, and T. Harryman
absent.
Motion by Vice Mayor Gawron, second by Commissioner Carter to endorse the
Lakeside Business Area Plan with the recommendations.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 6:27 p.m .
Respectfully submitted,
Linda Potter, CMC
Acting City Clerk
Date: January 9, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: The Muskegon Area Chamber of
Commerce is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming
license. They have been recognized as a 501 (c)(3) organization by the
State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
l'~llif MUSKEGON
liil Area Chamber of Commerce
December 13, 2006
City of Muskegon
City Clerks Office
933 Third Street
Muskegon, MI 49440
Dear Linda:
The Muskegon Area Chamber of Commerce is hosting its Annual SaluLe on February 22,
2007. As part of our racing theme this year we would like to raffle off a Harley-Davidson
Motorcycle. I would appreciate it if you could add us to the agenda for approval of a local
governing body resolution for charitable gaming licenses at the City Commissioner's
meeting on January 9, 2007. We will be sending in an application to the Charitable
Gaming Division in Lansing to obtain a license for om event.
Thank you for your assistance in this matter.
Sincerely,
q~._,__:,~......__
Darlene Witham
Event Coordinator
900 Thi rd Street Suite 200 P.O. Box 1087 Muskegon, Michigan 49443-1087
Phone (231) 722-3751 fAX (231) 728-7251 Email macc@muskegon.org Website www.muskegon.org
/,i!CHIGAN Charitable Gaming Division
G
'g"--
)~ Box 30023, Lansing, Ml 48909
'.:;•':/ OVERNIGHT D ELIVERY:
' ) : :. 101. E. HIiisdaie, Lansing Ml 48933 2007-03(b)
-~ (517) 335-5780
LOTTERY www.michigan.gov/cg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL.432.103(9))
Ata _;R~e::..;g
1 u=l~a~r=--- - -- - - - - meeting o( the --=C:..:::i=--t=--y,.__..::C:....:o=-=m
=m=-=i..::sc..::s::..;1=-·o=n'---- -
REGULAR OR SPECIAL TowNs H1P. CITY, OR VILLAGE COUNCIL/BOARD
called to order by _ _
M_a..::y_o_r_W_a_r_m_1_·n-=g_t_o_n_ _ _ __ _ on January 9, 2007
DATE
at 5: 30 OC»i./p.m. the following resolution was offered:
TIME
Moved by Vice Mayor Gawron and supported by Cammi ss ion er Wi erengo
Muskegon Area
.!._...,a"'"m""""'b~e,._,r.__.,,,o_.,f___,C,<_o=m._...m.,_,e""'r=-c=e--- of -~M:....;u==.
that the request from _....,,C<.h s..;.;lc'-'e::..;g:i..::co..:..:n,_____ _
NAME OF ORGANIZATION CITY
county of _ __;:_Mc..u_s=--k-=--=-e__,g_o
.; _n=--- -- - -- - - -- ' asking that they be recognized as a
COUNTY NAME
nonprofit organization operating in the community for the purpose of obtaining a charitable
gaming license, be considered for Approva 1
- -~---- - -- - -
APPROVAL/DISAPPROVAL
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
! hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the __C_1_·_t...._
y---'C'-o_m_m_i_s_s'-i_o_n
_ _ _ _ _ at a -~R'-e~g,_u'-1=-.:....a_r_ __ _ _ _ _
TOWNSHIP, C ITY, OR VILLAGE COUNCIL/BOARD REGULAR OR SPECIAL
meeting held on Janu a ry 9, 2007
DATE
SIGNED: __~ ~ - :;c___--L-lltt&,
_____.a:/mda ~==--=-='----- -- TOWNSHIP, CITY, OR VILLAGE CLERK
- - -- -- --
Linda Potter, Acting City Clerk
PRINTED NAME AND TITLE
933 Terrace, Musk e gon, MI 4 9 440
ADDRESS
COMPLETION: Required.
PENALTY: Possible denial of application.
B SL-CG-1153(R10/06)
Affirmative Action
(231 )724-6703
FAX (231 )722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(23 1)724-6783
FAX (231 )726-5617
City Manager \\'i-,-.11\111111,",III .. ...,,,on•llnt· < It 1
(23 I )724-6724
FAX (231)722-1214
Civil Service
(23 1)724-6716
FAX (231 )724-4405
Clerk
(231 )724-6705
FAX (231 )724-4178
December 14, 2006
Comm. & Neigh.
Services
(231 )724-67 17
FAX (23 I )726-250 I
Engineering
(231 )724-6707
Bureau of State Lottery
FAX (231)727--6904 Charitable Gaming Division
Finance Box 30023
(231)724-6713 Lansing, MI 48909
FAX (231 )724-6768
Fire Department To Whom It May Concern:
(231 )724-6792
FAX (23 1)724-6985
Income Tax
The Muskegon Area Chamber of Commerce Foundation Inc., has submitted their paperwork
(231 )724-6770 for a Charitable Gaming License to the City Clerk's Office. Their request will be placed on
FAX (23 1)724-6768
the agenda for the January 9, 2007, City Commission Meeting.
Info. Technology
(231 )724-4126
FAX (231 )722-430 I Thank you,
Inspection Se1vices
(231 )724-6715
FAX (23 I )728-43 71
Leisure Services Linda Potter
(23 1)724-6704
FAX (23 1)724-1196 Acting Clerk
Mayor's Office
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FAX (231)722-1214
Planning/Zoning
(231 )724-6702
FAX (231)724-6790
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FAX (231 )722-5140
Public Works
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FAX (23 I )722-4188
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Water Billing
(23 I )724-67 I 8
FAX (231 )724-6768
Water Filtration
(23 1)724-4 106
FAX (23 1)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
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Date: January 9, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Liquor License Request
Dockers Restaurant LLC, 3505 Marina View Point
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Dockers Restaurant LLC to
transfer ownership of the 2006 Class C Licensed Business with Dance-
Entertainment Permit, held in escrow, from Dockers, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval contingent upon final inspection.
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www.muskegonpolice.com Phone: 231-724-6750
Muskegon, Michigan FAX: 231-722-5140
49443-0536
October 30, 2006
To: City Commission through the City Manager
From: L . \
y L. Kleibecker, Director of Public Safety
Re: Liquor License Request - 3505 Marina View Point
Transfer of2006 Class C-SDM Licensed Business with Permits
The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation of applicant Dockers Restaurant LLC, comprised of Fred Schramer, Andrew Harris,
and Michelle Harris, all of Muskegon Mi.
Dockers LLC requests to transfer ownership of 2006 Class C-SDM licensed business with Dance-
Entertainment Permit, Official Permit (Food), Outdoor Service (1 Area), and 2 Bars located in escrow at
3505 Marina View Point, from Dockers Inc. The applicants have experience in the alcohol service
industry and are aware of the Muskegon Police Department's position on enforcing local alcohol laws and
ordinances.
A check of Muskegon Police Department records and criminal history showed no reason to deny this
request.
ALK/kd
To: Tony Kleibecker, Director of Public Safety
From: Det. Kmt Dykman
Date: 10-30-06
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Dockers Restaurant LLC of
3505 Marina View Point, Muskegon, MI. 49441.
Dockers Restaurant LLC is requesting to transfer ownership of 2006 Class C-SDM
licensed business with Dance-Entertainment Permit, Official Permit (Food), Outdoor
Service (1 Area), and 2 Bars, located in escrow at 3505 Marina View Point, Muskegon,
MI. 49441 from Dockers, Inc.
Dockers Restaurant LLC is comprised of Fred Schramer of 1058 Fordham Court,
Muskegon MI, Andrew Hanis of2035 Lawnel, Muskegon MI., and Michelle Harris of
1058 Fordham Court, Muskegon MI.
The applicants have experience in the alcohol service industry as managers of Pints -N-
Quarts located at 950 W. Norton, Roosevelt Park, MI. They have been made aware of
the Muskegon Police Departments position on enforcing local alcohol laws and
ordinances.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
data/common/liquor/Dockers02
FOR MLCC USE ONLY
Request ID # 364905
Business ID# 175312
[Authorized by MCL 436.1501]
September 20, 2006
RECEIVED
TO: MUSKEGON CITY COMMISSION OCT O6 2006
933 TERRACE STREET City Clerks Office
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOCKERS RESTAURANT LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
ANDREW HARRIS, 2035 LAWNEL, MUSKEGON, Ml 49441 H(231)578-2641/B(231)830-9889
MICHELLE HARRIS, 1058 FORDHAM COURT, MUSKEGON, Ml 49441
H(231 )578-2643/8(231 )830-9889
FRED SCHARMER, 1058 FORDHAM COURT, MUSKEGON, Ml 49441
H(231)740-4329/8(231 )830-9889
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 convenienca 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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
Request ID # 364905
2007-03(c)
RESOLUTION
Ata _ _~R;ce~g~u=l=a=r---c----,-~----meeting of the City Commission
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on January 9, 2007 at 5: 30 P.M.
The following resolution was offered:
Moved by Vice Mayor Gawron and supported by Commissioner Wierenga
That the request to TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH
DANCE-ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 3505 MARINA VIEW POINT,
MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM DOCKERS, INC. TO DOCKERS
RESTAURANT LLC.
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:
_ _ _ _ _ _ _ ___:Rcce::.c=o.::m:.:;m::..:e::.;nc:.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_l_a_r
_ _ _ _ _ _ _ __
(Township Board, City or Village Council) (Regular or Special)
meeting held on January 9, 2007.
(Date)
(Signed)
(To
SEAL
933 Terrace, Muskegon, MI 49440
(Mailing address of Township, City or Village)
LC-1305 (Rev. 08/2006) The Oepar1ment of Labor & Economic Growth wl1/ not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1501 nation a! 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 to this agency.
Pena!tv: No License
Affirmative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231 )726-518 I
Cemetery
(231 )724-6783
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.shorelineclty.com
(231 )724-6724
FAX (231)722-1214
March 12, 2007
Civil Service
(231)724-6716
FAX (231 )724-4405
Clerk
(231)724-6705
FAX (231 )724-4178
Michigan Liquor Control Commission
7150 Harris Drive
Comm. & Neigh.
Services PO Box 300005
(231)724-6717 Lansing, MI 48909-7505
FAX (231)726-2501
Engineering Applicant: Dockers Restaurant LLC
(231 )724-6707
FAX (231 )727-6904 3505 Marina View Point
Finance
Muskegon,MI 49441
(231)724-6713
FAX (231 )724-6768
The City of Muskegon does hereby remove the inspection contingencies from its resolution dated
Fire Department January 9, 2007 and does recommend approval of the request from Dockers Restaurant LLC to
(231 )724-6792
FAX (23 I )724-6985 transfer ownership of the 2006 Class C Licensed Business with Dance Entertainment Permit, held in
Income Tax
escrow, from Dockers, Inc.
(231 )724-6770
FAX (231 )724-6768
Sincerely,
Info. Technology
(231 )724-4126
FAX (231)722-4301
Inspection Services
\,\1 v~\ \~ Ll,,:__;
(231 )724-6715 Ann Marie Becker, MMC
FAX (231 )728-4371
City Clerk
Leisure Services
(231 )724-6704
FAX (231)724-1196
Mayor's Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning
(23 I )724-6702
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)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
Request ID# 364905
2OO7-O3(c)
RESOLUTION
At a Regular meeting of the City Commission
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on January 9, 2007 at 5: 30 P.M.
The following resolution was offered:
Moved~ Vice Mayor Gawron and supported by Commissioner Wierenga
TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH
That the request to
DANCE-ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 3505 MARINA VIEW POINT,
MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM DOCKERS, INC. TO DOCKERS
RESTAURANT LLC.
be considered for _ _A_..p__.p~r_o_v_a_l_ _._p_e_n_d_i_n--=g=----_f_i_n_a_1__i_n_s-'p=----e_c_t_1_·o_n_ _ _ _ _ _ _ _ _ __
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas: _ _ _ _ _ _ _ _ _ __
Nays: 0 Nays: _ _ _ _ _ _ _ _ _ __
Absent: __o________ Absent: _ _ _ _ _ _ _ _ __
It is the consensus of this legislative body that the application be:
_ _ _ _ _ _ _ ___;:R:..:..e=c....::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 at a _ _ _R_e----=-g_u_l_a_r_ _ _ _ _ _ __
(Township Board, City or Village Council) (Regular or Special)
meeting held on January 9, 2007.
(Date)
(Signed) ~ ~
(Township, City or Village Clerk)
SEAL
933 Terrace, Muskegon, MI 49440
(Mailing address of Township, City or Village)
LC-1 305 (Rev. 08/2006) The Department of Labor & Economic Growth will not disctiminate against any individual or group because of race, sex, religion, age,
Aulhorily: MCL 436.1501 national o rigin, color, marital status, disability, or polillcal beliefs. It you need help with reading, writing, hearing, etc., under the Americans
Complelion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penal! : No License
_)
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# 364905
Lansing , Michigan 48909-7505
Business ID# 175312
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:
DOCKERS RESTAURANT LLC REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C-SDM LICENSED BUSINESS
WITH DANCE-ENTERTAINMENT PERMIT, OFFICIAL PERMIT (FOOD), OUTDOOR SERVICE (1 AREA), AND 2 BARS,
LOCATED IN ESCROW AT 3505 MARINA VIEW POINT, MUSKEGON, Ml 49441 , MUSKEGON COUNTY, FROM
DOCKERS, INC.
I Section 1. APPLICANT INFORMATION
APPLICANT #1: APPLICANT #2:
ANDREW HARRIS - MEMBER -;; rr-1- MICHELLE HARRIS - MEMBER
2035 LAWNEL 1058 FORDHAM COURT
MUSKEGON, Ml 49441 MUSKEGON, Ml 49441
H(231 )578-2641 /8(231 )830-9889 H(231 )578-2643/8(231 )830-9889
I DATE, FINGERPRINTED:/ D ~ z '1--u& DATE FINGERPRINTED: /u -2--y-(r6'
- --=---''-----"'--- - - -- - --
DATE OF BIRTH : 2~ /'t ~ 3-2.. DATE OF BIRTH: /·/2..·7'/
Is the'applicant a U.S. Citizen: • 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?
GlYes No* • •
Yes No* •
*Does the applicant have a Visa? Enter status: *Does the applicant have a Visa? Enter status:
I **Attach the finQerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission** I
ARREST RECORD: Felony • 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 · ~Yes, complete LC-1636
Are gas pumps on the premises or directly adjacent? ,fia:,No 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? JI_Yes 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 _ _ _ _ _ _ _ _ __
- - - , - - -,---- -- - -- - - - '--"-'-....::....:..::=....:..:::...:..::....:..c:...:....:....::_ _ _ _ j
From your investigation:
1. Is this applicant qualified to conduct tliis business if licensed? ~ Yes No •
2. Is the proposed location satisfactory for this business? ~'Yes D No
3. Should the Commission grant this request? ~Yes D No
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)
~ ~ L . /~ I' - z._~ - u 7
Signatf(Sheriff or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1 800 (Rev. 07/06) The Department of Labor & Economic Grow1h 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. Ir you need help wilh reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penal! : No License
Michigc:111 Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Request ID# 364905
Lansing, Michigan 48909-7505
Business ID# 175312
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
LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
DOCKERS RESTAURANT LLC REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C-SDM LICENSED BUSINESS
WITH DANCE-ENTERTAINMENT PERMIT, OFFICIAL PERMIT (FOOD), OUTDOOR SERVICE (1 AREA), AND 2 BARS,
LOCATED IN ESCROW AT 3505 MARINA VIEW POINT, MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM
DOCKERS, INC.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
FRED SCHARMER - MEMBER
1058 FORDHAM COURT
MUSKEGON, Ml 49441
H(231 )740-4329/B(231 )830-9889
I DATE FINGERPRINTED:/ 2 Y-t# o, DATE FINGERPRINTED:
I
DATE OF BIRTH: t -f ~77 DATE OF BIRTH:
Is the applicant a U.S. Citizen: • 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?
G 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: Felony • 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 [R. Yes, complete LC-1636
Are gas pumps on the premises or directly adjacent? li'l_No 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? M-Yes 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? ,S. Yes No •
2. Is the proposed location satisfactory for this business? $"Yes No •
3. Should the Commission grant this request? jKY'es D No
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)
L. l ~ /0 - .3 0 - ()(..
Date
MUSKEGON POLICE DEPARTMENT
LC-1800 (R ev. 07/06) The Department of Labor & Economic Growth will not d iscriminate against any individual or group becau se of race, sex, religion , age,
Authority: MCL 436.1217 and R 436.1105; MAC national origin, color, marital status, disabilily, or political beliefs. If you need help with reading, writing, hearing, elc., under lhe Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penal! : No License
Michigan IJepartment of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# 3~6~4~90~5~--
Lansing, Michigan 48909-7505
Business ID# 175312
LAW ENFORCEMENT RECOMMENDATION
[Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]
September 20, 2006
TO:
Re: DOCKERS RESTAURANT 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
request should be directed to the MLCC Licensing Division at (517) 322-1400.
['.] OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: FOOD
/ c·, oo
✓
Er
S
'lN'
days
~ Recommended
/
tt:Oll A.M. to
. le: oc
~ A. M. to
2:00
2:00
A.M.
A.M.
D Recommended, subject to final inspection D Not Recommended
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.
• OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays A.M. to A.M.
Sundays A.M. to A.M./P.M.
D Recommended D Recommended, subject to final inspection D Not Recommended
['.] DANCE PERMIT
~ Recommended D Recommended, subject to final inspection D Not Recommended
['.] ENTERTAINMENT PERMIT
[:B Recommended 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)
Page 2
September 20, 2006
~ OUTDOOR SERVICE
l;8J Recommended D Recommended, subject to final inspection D Not Recommended
• PARTICIPATION PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
~ ADDITIONAL BAR PERMIT
(gJ Recommended D Recommended, subject to final inspection D Not Recommended
• OTHER
D Recommended D Recommended, subject to final inspection D Not Recommended
Signed:
~ ffL. /~Q...._:_ Q ~
Signature and Title
<tr p~-.s ~
MUSKEGON POLICE DEPARTMENT
t_0 _-_3_0 _·_0 _<,,_._ _ _ _ _ _ __
Date: __
LC-1636 {Rev. 08/2006) The Oepartmenl of Labor & Economic Growth 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, disabillty, or political beliefs. If you need help with reading, writing, hearing, etc., under lhe Americans
R436.1403 wilh Disabilities Act, you may make your needs known to this agency.
Completion: Mandatory
Penaltv: No license and/or Permit
January 4, 2007
Mr. Andrew Harris
2035 Lawnel
Muskegon,MI 49441
Dear Mr. Harris:
This letter is to inform you that your request to transfer ownership of the 2006
Class C licensed business with dance-entertainment permit located at 3505
Marina View Point, will be presented to the City Commission on January 9, 2007.
This meeting begins at 5:30 p.m. and is located in the City Commission
Chambers, 933 Terrace, Muskegon, Ml.
This request has also been sent to the Beachwood/Bluffton Neighborhood
Association for their comments. It is Commission practice to let the
Neighborhood Association know of any liquor license requests that are located
within their boundaries. This allows for comments from the people who live there
and not just from the owners of the business' who are located there.
Sincerely,
Linda Potter
Deputy Clerk
January 4, 2007
Ms. Michelle Harris and
Mr. Fred Scharmer
1058 Fordham Court
Muskegon, MI 49441
Dear Ms. Harris and Mr. Scharmer:
This letter is to inform you that your request to transfer ownership of the 2006
Class C licensed business with dance-entertainment permit located at 3505
Marina View Point, will be presented to the City Commission on January 9, 2007.
This meeting begins at 5:30 p.m. and is located in the City Commission
Chambers, 933 Terrace, Muskegon, Ml.
This request has also been sent to the Beachwood/Bluffton Neighborhood
Association for their comments. It is Commission practice to let the
Neighborhood Association know of any liquor license requests that are located
within their boundaries. This allows for comments from the people who live there
and not just from the owners of the business' who are located there.
Sincerely,
Linda Potter
Deputy Clerk
January 4, 2007
Ms. Bonnie Witt, President
Beachwood/Bluffton Neighborhood Assoc.
2261 Surfwood
Muskegon, MI 49441
Dear Ms. Witt:
We have received a letter from the Liquor Control Commission reference a
request from Dockers Restaurant LLC to transfer ownership of the Class C
licensed business located at 3505 Marina View Point from Dockers, Inc. A Class
C license permits the sale of beer, wine, or liquor for consumption on the licensed
premises. On Tuesday, January 9, 2007, the City Commission will review this
request and determine whether or not it should be recommended for approval.
You are being sent this notice because the City Commission would like to know
how the Neighborhood Association feels and would appreciate any comments that
they may have. You may send these comments to 933 Terrace, Muskegon, MI
49440 or attend the City Commission Meeting on January 9, 2007, at 5:30 p.m. in
the Commission Chambers.
If you have any questions, please feel free to contact me at 724-6705.
Sincerely,
Linda Potter
Deputy Clerk
Operator/Manager's Name_: _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __
Business Address:
Reason for Review:
New License D Transfer of Ownership ~ Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ __ _ __ _ __ _ _ _ _ _ __ __ __ _ _ __
DeadJine for receipt of all information:
Public Safety Approved ~ Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
ZQning Approved D Denied D Pending ZBA •
Clerk's Approved D Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
. Department Signature . 7;)= L. . l ~ I u -JO - 0(...
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
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)]
September 20, 2006
MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID#: 364905
Applicant:
DOCKERS RESTAURANT LLC REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C-SDM
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, OFFICIAL PERMIT (FOOD), OUTDOOR
SERVICE (1 AREA), AND 2 BARS, LOCATED IN ESCROW AT 3505 MARINA VIEW POINT, MUSKEGON,
Ml 49441, MUSKEGON COUNTY, FROM DOCKERS, INC.
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(Re11. 09/05) The Department of Labor & Economic Growth wm not discriminate against any individual or group because of race, sex, religion, age,
Authority; MCL 436.1201(4) national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, elc., under the Americans
Completion: Mandatory
Penaltv: No License I with D1sabl11ties Act, you may make your needs known to this agency.
LIQUOR LICENSE REVIE\V FOR1,1
Business Name: _ .--"f...:..1-_~_-_ _;fc........,e'-,..;;;.s...;.--l-i_.;;.:.c1-==u"""/'"--"'-t1'-'l?"""'/-"-_ _ _ _ _ __
___..,/J,..c;....>.'-.c-·-....§s-'-
AKA Business Name (if applicable): &u!rew 1/411/'1 ·s &r'c.de:/Jr: #oc/'1~
J- r,rd. s,·G/24' rm c'r
Operator/Manager's Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Business Address:
Reason for Review:
New License D Transfer of Ownership p' Dance Permit D
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 ~ 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_ _~"'--.;...____;;____ _ _ _ _ _ _ _ _ _ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORIVI
Business Name:
AKA Business Name (if applicable): &rlrew 1/4«1 ·s $'c.de/Jr: J/Clf1/'1~
J- r,rd .:;'c,/2q,.. m c'r
Operator/Manager's Name_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Business Address:
Reason for Review:
New License D Transfer of Ownership JZf' Dance Permit D
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
. 11--\:i' o~
Income Tax Approved D Owing D J Amount: _ _ __
_ / '( 5 fE~ A~ c__k ~J)
Treasurer Approved D Owing IS::J' Amount: P.£t5i>Nlll P{l'bf.f,4Y(
TIJX {'J(JTlcfi .
Zoning Approved D Denied • Pending ZBA •
Clerk's Approved D Owing D Amount: ----
Fire/Inspections A_EJ>roved D Denied D Remaining Defects D
_ 0 FAXED RECEIVED •,
OCT - D2006
0 APPROVED POSTED 0
. CITY OF MUSKEGON TREASURY
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
CITY OF MUSKEGON
DELINQUENT TAX NOTICE
CITY OF MUSKEGON TREASURER
DELINQUENT TAXES DUE
TOTAL DUE TOTAL DUE TOTAL DUE
933 TERRACE STREET
IF PAID BY IF PAID BY IF PAID BY
PO BOX 536
MUSKEGON MI 49443-0536 TAX YEAR TAX DUE 10/31/06 11/30/06 12/31/06
231-724-6720 1,912.63 1,929.74 1,946.86
2005 1,711.15
WWW .MUSKEGON-MI, GOV
DOCKERS
3505 MARINA VIEW PT
MUSKEGON MI 49441-0000
PROPERTY INFORMATION
Property Number: 24-900-251-1695-00
School Dist: MUSKEGON PUBLIC SCHOOLS
Property Address:
TOTAL 1,711.15 1,912.63 1,929.74 1,946.86
3505 MARINA VIEW PT
MUSKEGON MI 49441
LEGAL DESCRIPTION:
PERSONAL PROPERTY 3505 MARINA VIEW PT
THIS IS A DELINQUENT PERSONAL OR SPECIFIC
PROPERTY TAX FOR THE YEAR SHOWN. PLEASE PAY
THE AMOUNT DUE IN ORDER TO AVOID ADDITIONAL
PENALTIES AND INTEREST. MAKE CHECKS PAYABLE
TO THE CITY OF MUSKEGON AND MAIL TO: CITY
Please detach along perforation. Keep the top portion for your records.
CITY OF MUSKEGON
DELINQUENT TAX NOTICE
CITY OF MUSKEGON TREASURER DELINQUENT TAXES DUE
933 TERRACE STREET TOTAL DUE TOTAL DUE TOTAL DUE
PO BOX 536 IF PAID BY IF PAID BY IF PAID BY
MUSKEGON MI 49443-0536 TAX YEAR TAX DUE 10/31/06 11/30/06 12/31/06
231-724-6720
2005 1,711.15 1,912.63 1,929.74 1,946.86
WWW.MUSKEGON-MI.GOV
DOCKERS
3505 MARINA VIEW PT
MUSKEGON MI 49441-0000
PROPERTY INFORMATION
Property Number: 24-900-251-1695-00
School Dist: MUSKEGON PUBLIC SCHOOLS
Property Address:
3505 MARINA VIEW PT TOTAL 1,711.15 1,912.63 1,929.74 1,946.86
MUSKEGON MI 49441
LEGAL DESCRIPTION:
PERSONAL PROPERTY 3505 MARINA VIEW PT
THIS IS A DELINQUENT PERSONAL OR SPECIFIC
PROPERTY TAX FOR THE YEAR SHOWN. PLEASE PAY
THE AMOUNT DUE IN ORDER TO AVOID ADDITIONAL
PENALTIES AND INTEREST. MAKE CHECKS PAYABLE
TO THE CITY OF MUSKEGON AND MAIL TO: CITY
Please detach along perforation. Keep the top portion for your records.
Pay this tax to:
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT. THANK YOU.
CITY OF MUSKEGON TREASURER
933 TERRACE STREET Delinquent Tax for Property Number:
PO BOX 536
24-900-251-1695-00
MUSKEGON MI 49443-0536
Due i f paid by 10/31/06 1,912.63
TAXPAYER NOTE: Are your name & mailing address correct?
If not, please make corrections below. Thank You. Due i f paid by 11/30/06 1,929.74
-----
Property Address: Due i f paid by 12/31/06 1,946.86
3505 MARINA VIEW PT
MUSKEGON MI 49441
Make check payable to:
DOCKERS CITY OF MUSKEGON TREASURER
3505 MARINA VIEW PT
Amount Remitted: _______________
MUSKEGON MI 49441-0000
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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:
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Clerk's Approved D Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~ :/:;;:7 ~~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\i
Business Name: _ ___,a,.//4,L-1,,,._,c"""'"""'/;~f_,_'1-_:.s;_
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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: _ _ _ _ _ _ _ _ _ _ _ _ __
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Income Tax Approved D Owing D Amount:
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Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
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Business Name: _ ___,a,l/o~'-·C::..:';....,1/2;..L....:;e...!.1-_:5_-_ .... lf~e:;._,..;;:s;...!Ti.......:;.l.q...l::u;i..:/'~tl:;:..;...:/1;...:T~-------
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Operator/Manager's Name_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Business Address:
Reason for Review:
New License D Transfer of Ownership p' Dance Permit D
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 0
Clerk's Approved D Owing D Amount: ✓
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Please return to the City Clerk's Office
Gail A. Kundinger,
~~
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
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Business Name: _ __._Z/o...._..'-·c_·...../2J'-'--'e__1-_:s_ _;Z.........,ea.........;;s....;.Ti_·.;;.,1.C!_,.l-'-'f/' i7__T
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.f- T/'rcf. .:;"c,,/2q,r mer
Operator/Manager's Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Business Address:
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License D Transfer Location - •
Drop/Add Stockholder Name 0 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:
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· Fire/Inspections Approvedij Denied D Remaining Defects D
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Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Affinnati ve Action
(231)724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231 )726-5617
City Manager www.shorelinocity.com
(231 )724-6724
FAX (231)722-1214
Ci vi I Service
(231 )724-6716
FAX (231 )724-4405
Clerk
(231 )724-6705
FAX (23 1)724-4178 January 10, 2007
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501
Engineering
Liquor Control Commission
(231 )724-6707 7150 Harris
FAX (231)727-6904
PO Box 30005
Finance Lansing, MI 48909-7505
(231 )724-6713
FAX (231 )724-6768
Fire Department
REF: Req ID #364905
(231) 724-6792 Dockers Restaurant LLC
FAX (23 I )724-6985
3505 Marina View Point
Income Tax Muskegon, MI 49441
(231)724-6770
FAX (231 )724-6768
Info. Technology
To Whom It May Concern:
(231 )724-4126
FAX (231)722-4301
Enclosed is the Resolution, Form LC-1800, Form LC-1636, print cards and check
Inspection Services for Dockers Restaurant LLC. This was recommended for approval contingent
(23 I )724-67 15
FAX (231)728-4371 upon final inspection by the City Commission at their January 9, 2007, City
Commission Meeting.
Leisure Services
(231)724-6704
FAX (231)724-1196
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Mayor's Office
(231)724-6701
FAX (231)722-1214 Sincerely,
Planning/Zoning
(231)724-6702
FAX (231 )724-6790
Police Department Linda Potter
(23 1)724-6750
FAX (231)722-5140 Acting Clerk
Public Works
(231)724-4100 enc.
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231 )724-6768
Water Billing
(231 )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
Affirmative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
City Manager www.shorclinecity.com
(231)724-6724
FAX (231)722-1214
March 12, 2007
Civil Service
(23 l )724-6716
FAX (231)724-4405
Clerk
(231 )724-6705
FAX (231)724-4178
Michigan Liquor Control Commission
7150 Harris Drive
Comm. & Neigh.
Services PO Box 300005
(23 I )724-6717 Lansing, MI 48909-7505
FAX (231)726-2501
Engineering Applicant: Dockers Restaurant LLC
(23 I )724-6707
FAX (231)727-6904 3505 Marina View Point
Finance
Muskegon,MI 49441
(231 )724-6713
FAX (231 )724-6768
The City of Muskegon does hereby remove the inspection contingencies from its resolution dated
Fire Department January 9, 2007 and does recommend approval of the request from Dockers Restaurant LLC to
(231 )724-6792
FAX (231)724-6985 transfer ownership of the 2006 Class C Licensed Business with Dance Entertainment Permit, held in
Income Tax
escrow, from Dockers, Inc.
(231 )724-6770
FAX (231)724-6768
Sincerely,
Info. Technology
(231)724-4126
FAX (231)722-4301
Inspection Services
~\1v:J •-~vl,~_:·
(231)724-6715 Ann Marie Becker, MMC
FAX (231)728-4371
City Clerk
Leisure Services
(231)724-6704
FAX (231)724-1196
Mayor's Office
(231 )724-6701
FAX (231 )722-1214
Planning/Zoning
(231 )724-6702
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231 )722-5140
Public Works
(231)724-4100
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (23 I )724-6768
Water Billing
(231 )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
City Commission Meeting
Tuesday December 12, 2006
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: November 29, 2006
SUBJECT: Amend City Ordinance 10-135: Removal ofMaterials
Summary of Request:
On occasion each year Public Safety Division staff is asked to waive the portion of the
ordinance that addresses the removal of below grade materials. This is generally
associated with a project where the removal is extremely costly and where acceptable
options are available.
In order to streamline this process, staff is asking the Commission to amend Section 10-
135 of the Code of Ordinances regarding the removal of materials during demolition.
The amendment would allow the City Manager to waive all or part of the ordinance
regarding the removal of below grade materials. Such waiver requests would include a
review by the City Engineer.
Financial Impact:
None.
Budget Action Required:
None
Staff Recommendation:
Approval of the amended language.
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. 2 213
THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 10-135 of the Code of Ordinances of the City of Muskegon concerning Demolition of
Buildings is amende,d to state as follows:
Section 10-135. Removal of Materials
(a) All buildings and structures to be demolished shall be completely razed and all
materials shall be removed from the site, and disposed of in accordance with all applicable laws
and regulations. All materials, including, without limitation, every installation, part of a building
or accessory building or other improvement on the premises, whether above or below grade,
shall be completely removed from the site. No part of any basement or infrastructure below
grade infrastructure shall remain.
(b) Under unusual and extraordinary circumstances and upon written request of the
land owner, the City Manager may waive all or part of the above requirement regarding removal
of below grade materials or infrastructure. Upon approval of the waiver, the landowner shall
execute and record with the Muskegon County Register ofDeeds a notice indicating to future
owners ofthe property that underground materials or infrastructure remains on the property.
This ordinance adopted:
Ayes: Spataro, Warmington, Wierenga, Carter, Davis, Gawron, Shepherd
Nays: None
Adoption Date: January 9, 2007
Effective Date: January 23, 2007
First Reading: December 12, 2006
Second Reading: January 9, 2007
CITY OF MUSKEGON
By ~
Linda S, Potter
g()_ u,
Acting 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 Ci~ Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 9 t day of January, 2007 · . , 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: January 9, 2007 . . ·
Linda S. Potter
Acting 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 January 9, 2007 ;' , the City Commission of the City
of Muskegon adopted an amendment to Section I 0-135, Removal of Materials under the
Demolition of Buildings ordinance of the City of Muskegon, summarized as follows:
Section 10-135. Removal of Materials
(a) All buildings and structures to be demolished shall be completely razed and all
materials shall be removed from the site, and disposed of in accordance with all applicable laws
and regulations. All materials, including, without limitation, every installation, part of a building
or accessory building or other improvement on the premises, whether above or below grade,
shall be completely removed from the site. No part of any basement or infrastructure below
grade shall remain.
(b) Under unusual and extraordinary circumstances and upon written request of the
land owner, the City Manager may waive all or part of the above requirement regarding removal
of below grade material or infrastructure. Upon approval of the waiver, the landowner shall
execute and record with the Muskegon County Register of Deeds a notice indicating to future
owners of the property that underground material or infrastructure remains on the property.
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 amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: January 13, 20.07 By_ _ _ _ _ _ _ _ _ _ _ __
Linda S. Potter, Its Acting Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
Commission Meeting Date: January 9, 2007
Date: December 27, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C2,C,.,
RE: Zoning Ordinance Amendment - Appointment of ZBA
Members
SUMMARY OF REQUEST:
Request to amend Section 2501 (Creation and Membership, paragraph 1) of Article XXV
(Zoning Board of Appeals) regarding the appointment of successor ZBA members within one
month after the tetm of the preceding member has expired.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the language regarding the
appointment of successor ZBA members.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 12/14/06 meeting. The
vote was unanimous with T. Harryman, B. Smith, and T. Michalski absent.
12/27/2006
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 14, 2006
Hearing; Case 2006-58: Staff initiated request to amend the Section 2501, (Creation and
Membership, paragraph 1) of Article XXV, Zoning Board of Appeals, regarding the
appointment of successor ZBA members.
BACKGROUND
This amendment is required by the recently enacted Michigan Zoning Enabling Act of 2006.
It requires that language shall be included in the zoning ordinance to address appointments of
new ZBA members.
NEW LANGUAGE
Deletions arc erossed out and additions are in bold.
SECTION 2501: CREATION AND MEMBERSHIP [amended 9/05]
There is hereby established a Zoning Board of Appeals (ZBA), which shall perform its duties
and exercise its powers as provided in Section 5 of Act 207 of the Public Acts of 1921, as
amended, and in such a way that the objectives of this Ordinance shall be observed, public
safety secured, and substantial justice done. The ZBA shall consist of seven (7) members
appointed by the City Commission, and shall include one (I) member of the City Commission
and one (1) member of the Planning Commission. Every member shall be a legal resident of
the City. The term of the representative of the City Planning Commission and the term of the
City Commission representative shall expire with that of his/her Planning Commission or City
Commission office. The terms of all members except the representative of the City Planning
Commission and the City Commission shall be for periods of three (3) years each. A
successor member of the ZBA must be appointed not more than one mouth after the
term of the preceding member has expired. The ZBA shall annually elect its own
Chairman and Vice-Chai1man.
DELIBERATION
I move that the amendment to Section 2501, (Creation and Membership, paragraph #1), of
Article XXV, (Zoning Board of Appeals), of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2214
An ordinance to amend Section 2501 (Creation and Membership, paragraph 1) of
Article XXV (Zoning Board of Appeals) regarding the appointment of successor ZBA
members.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2501 (Creation and Membership, paragraph 1) of Article XXV (Zoning Board of
Appeals) is amended regarding the appointment of successor ZBA members, as follows:
SECTION 2501: CREATION AND MEMBERSHIP (amended 9/051
There is hereby established a Zoning Board of Appeals (ZBA), which shall perform its duties
and exercise its powers as provided in Section 5 of Act 207 of the Public Acts of 1921, as
amended, and in such a way that the objectives of this Ordinance shall be observed, public
safety secured, and substantial justice done. The ZBA shall consist of seven (7) members
appointed by the City Commission, and shall include one (1) member of the City Commission
and one (1) member of the Planning Commission. Every member shall be a legal resident of
the City. The term of the representative of the City Planning Commission and the term of the
City Commission representative shall expire with that of his/her Planning Commission or City
Commission office. The terms of all members except the representative of the City Planning
Commission and the City Commission shall be for periods of three (3) years each. A
successor member of the ZBA must be appointed not more than one month after the term of
the preceding member has expired. The ZBA shall annually elect its own Chairman and Vice-
Chairman.
This ordinance adopted:
Ayes: Spataro, Warmington, Wierenga, Carter, Davis, Gawron, Shepherd
Nayes:_N:.:o::::n:::e=---------------------------
Adoption Date: January 9, 2007
Effective Date: January 23, 2007
First Reading: _ __,J,__,a"--'n"-'u"'a"'r"--yL._.,,_9L,_,,2"'0'-"0'-'7'------------
Second Reading:._N!.!.L-/:..:A_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~ J ~
Linda S. Potter, CMC, Acting City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City ofMuskegon, 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
9th day ofJanuary, 2007, 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: January 9 , 2007. '
Linda S. Potter, CMC
Acting 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
Please take notice that on January 9, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2501 (Creation and Membership, paragraph 1) of Article XXV (Zoning
Board of Appeals) regarding the appointment of successor ZBA members.
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 amendment is effective ten days from the date of this publication.
Published January 13 ,2007 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ __
Linda S. Potter, CMC
Acting City Clerk
--------------------------------------------
PUBLISH ONCE WITHIN TEN(! 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
6
Commission Meeting Date: January 9, 2007
Date: December 20, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cJ2;C
RE: Extending the deadline for taking action on proposed
Mall Historic District
SUMMARY OF REQUEST:
To extend the deadline for taking action on the proposed Mall Historic District. A public
hearing was held on January 21, 2004 but no action was taken. This public hearing
triggered an automatic one-year deadline for taking action. City Commission extended this
deadline for one year in January of 2005 and again in January 2006. Because that
deadline will expire shortly, Staff is requesting that the City Commission extend the
deadline for one more year.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution extending the lime period to take action on whether or
not to designate the Mall buildings as a historic district.
COMMITTEE RECOMMENDATION:
12/20/2006
Resolution No. 2007-03(h)
MUSKEGON CITY COMMISSION
RESOLUTION TO EXTEND THE DEADLINE FOR CONSIDERARTION OF THE POTENTIAL
MALL HISTORIC DESIGNATION
WHEREAS, the Muskegon City Commission previously designated a historic district study committee to
conduct basic research, inventory, and determine the historic significance of a resource or resources within a
proposed historic district located located in the mall, described as: CITY OF MUSKEGON REVISED PLAT OF
1903, Lot 16 EXC SWLY 8 FT, BLK565 (Daniels); CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 17,
BLK 565 (Century Club); CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 18, BLK 565 (Savings and
Loan/ GTE); CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 8, BLK 311 (National City); CITY OF
MUSKEGON REVISED PLAT OF 1903, LOT 11, BLK310, AND THEE 35 FT OF N 10 FT OF VAC FIRST
ST AND N ½ OF VAC E/W ALLEY ADJ. TO SD PROP (Hackley Bank);
WHEREAS, the one year deadline to take action will expire on January 10, 2007, and
WHEREAS, under state statute in establishing an historic district (section 399.203 of Public Act
169), the local legislative body may extend the deadline for taking action on whether or not to
designate a historic district, '
NOW THEREFORE BE IT RESOLVED, that the deadline for taking action on whether or not to
designate this specific proposed historic district be extended for one year to expire on January 10,
2008.
Adopted this 9th day of January, 2007.
Ayes: Spataro, Wannington, Wierengo, Carter, Davis, Gawron, Shepherd
Nays: None
Absent: None
CERTIFICATION
2007-03(h)
I attest that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a meeting held on January 9,
2007. ~ ;«:l,ai
Linda Potter, Acting City Clerk
Commission Meeting Date: January 9, 2007
Date: December 27, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department <!JBC..,
RE: Sale of Reversionary Interest of Unbuildable lot
adjacent to 686 Marquette to the New Owner.
SUMMARY OF REQUEST:
To approve the sale of the reversionary interest of the unbuildable lot adjacent to 686
Marquette to Baymark Homes, LLC. The property was originally sold to Charles and Lisa
Hippchen and the bank (Wells Fargo Bank NA) foreclosed on the home. Due to the
reversionary clause in the quit claim deed, the property reverts back to the City. Baymark
Homes, LLC has since bought the home at 686 Marquette and has paid the fee for the
unbuildable lot.
FINANCIAL IMPACT:
The sale of the reversionary interest of the unbuildable lot to Baymark Homes, LLC will keep
the property intact and the City will not be responsible for the maintenance.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
None.
Resolution No. 2007-03( i)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF THE REVERSIONARY INTEREST FOR THE
UNBUILDABLE LOTS ADJACENT TO 686 MARQUETTE AVENUE IN JACKSON HILL
NEIGHBORHOOD FOR $1.
WHEREAS, Baymark Homes, LLC be allowed to purchase the reversionary interest for the
unbuildable lots adjacent to 696 Marquette for $1; and
WHEREAS, the price for an ubuildable lot is $1; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and
WHEREAS, the sale would insure an illegal lot split is not done to the property at 686
Marquette; and
WHEREAS, the sale is consistent with City policy regarding the disposition of unbuildable lots.
NOW THEREFORE BE IT RESOLVED, that the·reversionary interest of the unbuildable lot
adjacent to 686 Marquette to Baymark Homes, LLC for $1.
CITY OF MUSKEGON SUBDIVISION OF BLOCK 3, REVISED PLAT OF 1903,
WEST ½ OF LOT 51
Adopted this 9 th day of January, 2007 .
Ayes: Spataro, Warmington, Wierenga, Carter, Davis, Gawron, Shepherd
Nays: None
Absent: None
Attest: ~ ~ '
Linda Potter
Acting City Clerk
2007-03(i)
CERTIFICATION
I hereby ce1iify that the foregoing constitutes a trne and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on January 9, 2007.
By: ~
Linda Potter
-itlvz,
Acting City Clerk
QUlTCLAJM DEED
KNOW ALL MEN BY TIIESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440 ("Grantor"),
QUlT CLAJMS to Baymark Homes LLC, a Michigan Limited Liability Corporation, of 5479 Pine Bluff Lane,
Muskegon, MI, 49441 ("Grantee"),
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON SUBDIVISION OF BLOCK 3, REVISED PLAT OF 1903 WEST ½ OF LOT 51.
for the sum of: One Dollar ($1.00).
Grantor held a reversionary interest in the premises by a March 18, 2004, quitclaim deed to Charles and Lisa
Hippchen, recorded at Liber 3593, Page 297, Muskegon County Records. The premises may have reverted to
Grantor when the adjoining property was foreclosed upon by Wells Fargo Bank NA and subsequently sold to
Grantee, evidence of which is located at Liber 3721, Page 372, Muskegon County Records. Grantor makes no
representations and warranties concerning its interest from the possible reversion.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this _1_S_day of Jo...,,-, vrwv , 2007.
7
Signed in the presence of:
~ L «~lli-=sfl:
Vo/Inn /fr<1kow< I(,'
J5<?0ry
\, 9A.-11/Y{_Q_ ..ilevn-~/
::r-,<2r1e
STATE OF MICIDGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this I'6 day of..'o-nc<:>'l~ 2007, by STEPHEN J.
WARMINGTON and LINDA POTTER, the Mayor and Acting Clerk, respectively, o the CITY OF MUSKEGON,
a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier J,, &,11 ;f/./fnJI& ws k, · . Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: O'S· I 's-.:OJJ
Muskegon, MI 49443-0786 Acting in Muskegon County, Michigan
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
O:\Planning\COMMON\Property\Non-Buildable Lot Sa!es\2006 Non-Buildable\Marquette-Baymark Homes\baymark homes 696 marquette ave.DOC
MUSKEGON
· · · · · · · - · 1· ~ . . '
! f-
' '
i
West \lid1i~mi',':1 Shordilll' rn.~
DATE: January 4, 2007
TO: Honorable Mayor and City Commissioners
From: Nicole Oman, Interim Recreation and Marina Supervisor
RE: Special Event Application- Submitted by The Muskegon Air Fair
SUMMARY OF REQUEST: the Muskegon Air Fair is requesting to host a Marti Gras
Fundraiser on February 17, 2007 to be held at the Greater Muskegon Woman's Club. They are
requesting to stop selling drink tickets at 11 :30 P.M., stop pouring beverages at 12:00 A.M., and
the area cleaned up by 12:30 A.M.
The Leisure Services Special Event Policy section II, item f states:
For Alcohol events, the applicant shall agree to stop selling drink tickets at 10:30 P.M.,
stop pouring beverages at 11 :00 P.M., and have the area cleaned up by 11: 30 P.M.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approved by Tony Kleibecker, Director of Public Safety
Amendment to Special Ennt Policy-Effectin February 8, 2005
The City Commission has detem1ined that the Special Event pe1111it application fee will
be waived for Veteran Groups and the Neighborhood Associations. However, requests
from either group for special events services that result in overtime costs or undue
burden to the City will not be waived. 2005-12 (i)
IL The request for a special permit shall be in writing and must be submitted on the
appropriate application fonn. Application for 011tdoor special liquor licenses shall
be for beer and wine only.
II. All special pennittees agree to the following:
a. While a Police Officer's presence may not be required at all special
events, it shall be at the discretion of the Chief of Police as to
whether or not, and how many, City Police Officers will be
required at any special event. Event sponsors will be responsible
for payment of officer(s) service based on the time-and-one-half or
triple time estab.Jished rate plus benefits and all overhead cost.
b. For all alcohol-related events, the applicant will provide a system
of Checking I.D. 's to prohibit underage drinking.
c. Where the event is being held on City-owned or controlled
property the applicant shall provide an amount of insurance as set
by the City for liquor liability and general liability insurance,
naming the City as an additional insm'ed. An acceptable certificate
of insurance must be submitted prior to approval. ·
d. All outdoor events shall provide adequate restroom (port-o-jon)
facilities including adequate handicapped accessible facilities.
e. Hours of operation shall be posted in the beverage serving area.
f. For alcohol events, the applicant shall agree to stop selling drink
tickets at 10:30 P.M., stop pouring beverages at 11:00 P.M., and
have the area cleared by 11 :30 P.M.
g. The applicant shall provide evidence and certification that the
organization shall at all times have person's pouring beer or selling
beverages that have received alcohol awareness training at every
serving station. (The applicant shall provide evidence and
certification to the City that persons pouring beer or selling
beverages have received alcohol awareness training.)
h. Checking for underage drinking and over consumption of patrons
is the responsibility of the sponsoring group, not the police.
1. Where the event is held on city owned or controlled prope1ty, the
Applicant shall be responsible for all clean up of city facilities after
an event, and for providing a dumpster. If the event is on other
property, the cleanup shall be the responsibility of the owner. The
city shall have the right lo enforce cleanup measures, including but
not limited to entry and cleaning by city personnel and charging
and liening the cost to the owner, occupant, or applicant or all of
them.
2
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive - P.O. Box 30005 - Lansing, Ml 48909-7505
(517) 322-1326 or (517) 322-6362
APPLICATION FOR SPECIAL LICENSE
for SALE OF BEER AND WINE ONLY and/or BEER, WINE AND SPIRITS
for CONSUMPTION ON THE PREMISES
GENERAL INSTRUCTIONS
NOTICE: PROCESSING REQUIRES AT LEAST TEN (10) WORKING DAYS
These general instructions apply to PARTS I AND II of the Application for a Special License and PARTS Ill AND IV, when
required. Each part of the Application for a Special License also has more specific instructions which must be followed.
The Licensing Process To ensure timely processing of this application, please double-check all required information. The
Commission requires at least TEN (10) WORKING DAYS to process the application. The
Commission's offices are open to the public for application processing from 8:00 a.m. to 4 p.m.,
Monday through Friday, except holidays.
Qualifying Organizations A special license is issued only to non-profit organizations. If your organization has not previously
been approved by the MLCC, or is not presently licensed by the Commission, you must submit
proof of your non-profit status (for example, your charter, by-laws, articles of incorporation, etc.)
with this application.
No organization, including its auxiliaries, may receive more than 5 Special Licenses during a
calendar year. Applicants for a Special License must be at least 21 years old.
License Period ONE DAY- A Special License is good for one day. The license will contain the lime period for
which it is granted. One Application and one Bond are acceptable for consecutive days of an event
at the same location. However, a separate license fee is required for each day of the event.
Location; Restrictions; There are restrictions on the location where a Special License may be issued.
Diagram Required
CHURCH OR SCHOOL- No Special License may be issued on the premise of, or within 500 feet
of, a church or school without the applicant obtaining approval from the authorized representative
of the church or school. Part 1 of the application contains the approval space.
MILITARY INSTALLATION- No Special License may be issued for locations on a military
installation without the approval of the Armory Board of Control and the legislative body of the local
governmental unit. Applicants who secure this approval must also agree to comply with all the
rules and regulations of the Department of Military Affairs in addition to those of the Liquor Control
Commission.
DIAGRAM REQUIRED- Applicants must provide a detailed diagram of the area to be
licensed to both the MLCC and to the local law enforcement office (whose approval must
be obtained on Part I of the Application for Special License). The diagram must show a clearly
marked area for sales and consumption of alcoholic beverages. If the area is a park, mall,
fairground, church grounds, arena, campus, parking lot, vacant lot, etc., the diagram must show the
actual dimensions and indicate how the area is to be contained (rope, fence, etc.) and indicate
how the area will be policed (security provisions).
LICENSED LOCATION- If the location where you are requesting a Special License is licensed,
submit a letter from the licensee stating the license will be placed in escrow on (event date) while
the Special License is in effect (due to the fact that the two licenses cannot be in operation at the
same time) OR a diagram showing the area where the licensee will temporarily drop space in a
portion of the building on (event date) for the Special License organization and a letter from the
licensee requesting the drop space
License Fees For organizations established less than one year: $50.00 for each separate, consecutive day of
the event. If the event is held on a Sunday, an additional $7.50 Sunday Sales fee is required - only
if spirits are sold.
For organizations established one year or more: $25.00 for each separate, consecutive day of
the event. If the event is held on a Sunday, an additional $3. 75 Sunday Sales fee is required - only
if spirits are sold.
The fees must be paid by certified check, bank/postal money order {made payable to "State
of Michigan/MLCC") or by credit card. DO NOT MAIL CASH.
LC-510 (Rev. 1-05)
AUTHORITY: MCL 436.1500 The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, rellgion,
COMPLETION: Mandatory age, national origin, color, marital slatus, disability or political belie!s. If you need help with reading, writing, hearing, etc., under
PENAL TY: No License the Americans with Disabilities Act. you may make your needs known to this agency.
APPLICATION (PART 1) This form is always required before the MLCC will consider an organization for a Special License. The
application must be signed by the President and Secretary of the organization, and notarized.
The local police or sheriff must approve the Application for Special License before it is sent to the
Commission for consideration. This approval is to certify that the proposed licensed premises meet all
local health and sanitation requirements. ALLOW SUFFICIENT TIME FOR CONSIDERATION OF THE
APPLICATION BY THE LOCAL LAW ENFORCEMENT AGENCY. Remember to submit a diagram with
the application.
Type of event - describe the type of event being held, i.e., dance, wine tasting, Vegas night, euchre
tournament, Texas hold 'em games, etc.
Enclosures Diagram- The MLCC must receive a diagram (described on the preceding page) with the Application
before it will be considered for approval.
Non-Profit OrganizationM If the organization is not a local chapter of a national organization or one that
previously has been approved by the Commission, please attach a copy of the proof of nonMprofit status
(with by-laws, articles of incorporation, etc.) to Part 1 of the Application for Special License.
CheckM Attach a certified check, bank/postal money order or credit card authorization form.
BOND (PART 2) A 60-day acceptable bond is required with each application. This Bond section is to be
completed by a bonding /insurance agency. Attach a copy of the bond (with Power of
Attorney form) to PART 1 of the application. The bonding company should keep a copy
and the applicant organization should also keep a copy. EITHER THE PRESIDENT OR
SECRETARY OF THE ORGANIZATION MUST ALSO SIGN THIS FORM.
SUNDAY SALES (PART 3) If the event is to be held on a Sunday and spirits (alcoholic liquor other than beer and wine) are to be
sold, a separate Sunday Sales Affidavit is required to be submitted with Parts 1, 2, and 4. This form must
be signed by either the President or the Secretary of the organization and the signature must be
notarized.
LOCAL LEGISLATIVE BODY
APPROVAL (PART 4) If the event is to be held on a military installation, the legislative body of the governmental unit wherein
the installation is located must also approve the application. Part 4 must be completed and signed by the
clerk of the local governmental unit.
Disbursements of Profits All profits derived from the sale of alcoholic beverages must go to the organization itself
and not to any individual.
When having a fund-raiser for another organization (such as the Muscular Dystrophy Association), l!
letter from that organization must be submitted with this application indicating that it will receive the
proceeds. Within 15 days following the event, your organization must file with the Commission an
accounting statement showing receipts and other disbursements in connection with the event.
Buying Alcoholic Beverages SPIRITS- All distilled spirits (whiskey, gin, vodka, etc.) must be purchased from a State of Michigan
for Resale; B.Y.O.B.; SOD licensee at the established retail price (no discounts).
Unlimited Quantity BEER AND WINE- Beer and wine must be purchased from either a State of Michigan SOM retail
licensee or a licensed wholesaler.
B.Y.O.B.- Do not allow B.Y.O.B. (Bring Your Own Bottle) at your event.
UNLIMITED QUANTITY OF ALCOHOL- Do not sell, offer to sell, or advertise the sale of an unlimited
quantity of alcoholic beverages at a specific price.
Hours of Operation WEEKDAYS AND SATURDAYS- Beer, wine, and spirits may be sold from 7:00 a.m. until 2:00 a.m. of
the next day provided the sale of spirits is legal in the governmental unit where the license is desired.
SUNDAYS- Legal hours of sale on Sundays are from 12 noon until 2:00 a.m. of the next day provided the
sale of alcoholic beverages on Sunday is legal in the governmental unit and the appropriate fees are
paid.
Compliance with Liquor Organizations receiving a Special License must comply with the laws of the State of Michigan and
Laws the rules of the MLCC regarding the sale, furnishing, and consumption of alcoholic beverages.
Organizations receiving a Special License are responsible for ensuring that all those who will be selling
and serving alcoholic beverages are familiar with and will follow the state's liquor laws and rules of the
Commission.
/
City Commission Meeting
Tuesday January 9, 2007
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: January 3, 2007
SUBJECT: Service Agreement with Professional Med Team Inc.
Summary of Request:
The Director of Public Safety is requesting approval to enter into a service agreement
with Professional Med Team (Pro-Med) to provide a paramedic for the purpose of
performing a blood draw, when needed, of suspected intoxicated drivers. The paramedic
will be dispatched directly to the jail to perform the draw. This service will be utilized by
all law enforcement agencies within Muskegon County.
Pro Med is located within the city.
Financial Impact:
This agreement will produce reduce the cost of a blood draw from the current rate of
$120 (area hospital) to $75.
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
2007-04(e)
AGREEMENT FOR SERVICE
This agreement is made between Muskegon Police Department and
Professional Med Team, Inc (Pro-Med), both agencies located within
Muskegon County Michigan.
Whereas, Muskegon Police Department has a desire to have blood alcohol
draws performed by Pro-Med and desires to contract for that service; and
Whereas, Pro-Med is a Life Support agency licensed by the State of Michigan
and approved to operate in Muskegon County. Pro-Med has the required equipment
and duly trained and licensed personnel to provide the blood draw services and
desires to contract with Muskegon Police Department to provide that service.
The parties agree to the following:
I. Pro-Med will:
a. Provide a paramedic upon request of a police officer for the purpose
of performing a blood draw in order to determine the suspects blood
alcohol content when analyzed by the State Police Crime Lab.
b. Provide a bill to Muskegon Police Department at the end of each month
for services rendered. Each blood draw is to be billed at a rate of $75.00.
{Muskegon P.O. 980 Jefferson St. Muskegon, Mi. 49443}
2. Muskegon Police Department will:
a. Make payment to Professional Med Team within thirty days after receipt
of Pro-Med's bill, {Pro-Med 965 Fork St Muskegon, ML 49442}
'
3. Termination of Service
a. This agreement will remain in force unless terminated at the request of either
party with thirty (30) days advanced written notice.
4. Period of Agreement
By signing below, both parties agree to the terms outlined above. This agreement is
effective December 17, 2006 through and including December 3 l, 2007 or until
terminated under the terms set forth in paragraph 3 above.
Muskegon Police Department Professional Med Team, Inc.
·, / J/li_ ( : ,
,· ,, . ~------·- • • .. \--'-·--""·-- ,:._;¾...(, ,.......,
Director of Public Safety Director of Oper tions
Date: , ··-/ c - c7 Date:_.1_0_~-'-1fa_'t:l_f._ _ __
City Commission Meeting
Tuesday January 9, 2007
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: January 3, 2007
SUBJECT: Support Agreement-Internet Crimes Against Children Task Force
Summary of Request:
The Director of Public Safety is requesting approval to enter into a cooperative
agreement with the United States Department of Justice Internet Crimes Against Children
Task Force and the Michigan State ·Police. The agreement will result in the formation of
a multi-agency work group intended to combat crimes committed against children
through the use of the internet.
Financial Impact:
None
Budget Action Required:
None
Staff Recommendation:
Approval of the agreemer
Internet Crimes Against Children Task Force
Cooperative Support Agreement
Between
The Michigan State Police
And
Muskegon Police Department
The Michigan State Police, the United States Department of Justice Internet Crimes Against Children,
and the Muskegon Police Department have joined in a multi-agency work group intended to combat
crimes committed against children through the use of the Internet.
Definitions:
Michigan State Police - MSP
Michigan State Police Computer Crimes Unit - MSP CCU
Muskegon Police Department - MPD
Office of Juvenile Justice Delinquency Prevention - OJJDP
U.S. Department of Justice ICAC Task Force Review Board - ICAC Board
Internet Crimes Against Children - ICAC
JURISDICTION:
The principal sites of task force activity will be within the jurisdictional areas of the respective member law
enforcement agencies, consistent with the level of membership of that law enforcement agency and
statutes governing mutual aid.
Nothing in this agreement shall otherwise limit, or enhance the jurisdiction and powers normally
possessed by an employee as a member of the employee's Agency.
INVESTIGATION RESPONSIBILITIES:
Your department agrees to investigate and seek prosecution on tips related to Internet crimes against
children. These tips may come from such entities as the National Center for Missing and Exploited
Children, the State of Michigan Webmaster, Law Enforcement agencies, and other Internet Crimes
Against Children task forces.
The MSP CCU will act as a resource and will provide assistance to ensure the successful investigation of
tips.
EVIDENCE:
Seized evidence and any other related forfeitures will be handled in a manner consistent with the seizing
law enforcement agency's policy.
RECORDS, REPORTS AND PRESENTATIONS:
Your department will maintain their own agency records and reports. To the extent possible, all
investigative information will be available to each of the participating law enforcement agencies.
Statistical information on ICAC cases worked within your jurisdiction will be forwarded to the MSP CCU
on a monthly basis so those stats can be added to the monthly reporting form for all agencies
participating, which will then be submitted to OJJDP as required by the grant.
With the ever-growing need for public education, the Agency may be called upon to conduct public
awareness presentations.
1
RESOURCES:
ICAC will continue to seek resources through grant funds and elsewhere specifically to support task force
activities. These resources will be made available to your task force members to the extent necessary to
promote and accomplish ICAC's goals and objectives.
OJJDP INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM GUIDELINES:
Parties to this agreement acknowledge that they have received and reviewed the attached OJJ DP ICAC
Task Force Program Guidelines. These guidelines specify how ICAC investigations shall be conducted.
By entering into this agreement, the parties agree to abide by all covenants, restrictions, limitations, and
guidelines contained in the attached ICAC policies and procedures.
TERMS OF AGREEMENT:
This agreement shall be effective upon signature of both parties and will continue for an indefinite period
of time. This agreement may be terminated in writing by any one of the signatories at any time.
For the Michigan State Police
Date _ _ _ _ _ __
Captain Charles Bush
Division Commander
West Region Special Investigation Division
For the Participating Agency
Date _ _ _ _ _ _ __
Muskegon Police Department
2
Commission Meeting Date: January 9, 2007
Date: December 21, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development L(oC__
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate - Ameriform Inc.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Ameriform Inc., 1790 Sun Dolphin, has
requested the issuance of an Industrial Facilities Exemption Certificate for the property
located at 1790 Sun Dolphin Drive, Muskegon. The total capital investment is
approximately $4,800,700.00 with $1,123,000.00 in real property and $3,677,700.00 in
personal property. This request qualifies Ameriform Inc. for a term of twelve (12) years for
real property and nine (9) years for personal property.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of twelve (12) years for real property and nine (9) years for personal property.
COMMITTEE RECOMMENDATION: None
12/21/2006
l\RJSKEGON
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Wes I, l\llrbJgan's Shorrllne U\.y
Project Summary:
Ameriform, an existing manufacturing company located at1790 Sun Dolphin Drive, Muskegon,
Michigan, is constructing a new addition and installing new machinery and equipment to expand its
present operation. The company does custom thermoforming of plastics. Due to the fact that the
company is investing $1,123,000 in real property and $3,677,700 in personal property it is eligible for a
twelve (12) year exemption for real property and nine (9) year exemption for personal property.
Employment Information:
Racial Characteristics:
White 143 86%
Minority 23 14%
Total 166 100%
Gender Characteristics:
Male 141 85%
Female 25 15%
Total 166 100%
Total No. of Anticipated New Jobs: 28
Investment Information:
Real Property: $1,123,000
Personal Property $3,677,700
Total: $4,800,700
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $134,420 $24,004
Value of Abatement $ 67,210 $12,002
Total New Taxes Collected $ 67,210 $12,002
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $6,988
Company Requirements:
Adopted Affirmative Action Policy .r" Yes D No
Meeting w/ City Affirmative Action Director D Yes 121" No
Signed Tax Abatement Contract if Yes D No
Taxes Paid In Full l"Y'" Yes D No
Zoning Conflicts D Yes 8.,...-,·No
(~~l~,Jl
Conna ¼nguilm .· )'
r 0~~/lly -
Planner Ill ,J Affirmative Action Director
Resolution No. 2007 05 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
AMER/FORM INC.
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on February
27, 1997, this Commission by resolution established an Industrial Development District as
requested by Ameriform Inc., 1790 Sun Dolphin, Muskegon, Michigan 49441; and
WHEREAS, Ameriform Inc. has filed an application for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to a building expansion and new machinery and equipment to be installed within
said Industrial Development District ; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on January
9, 2006, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the applicant,
the assessor and representatives of the affected taxing units were given written notice and were
afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEVof real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of Ameriform Inc., for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to the building expansion and installation of new machinery and equipment
on the following described parcel of real property situated within the City of Muskegon to wit:
(See Attachment A)
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of nine (9) years on personal property and twelve (12) years on real property.
12/21/06
Adopted this 9th Day of January 2007.
Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro,
and Warmington
Nays: None
Absent: None
ATTEST: ~
Linda Potter, Acting City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on January 9, 2007.
dmd/J i&(;;zd
Linda Potter, Acting City Clerk
12/21/06
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON SEC 34 T10N R16W THAT PT S 1/2 SW 1/4 PARCEL 1 DESC AS COM@ S 1/4 COR
SD SEC TH S 89D 34M 26S W ALG S LN SD SEC 1382 FT TH N O0D46M 26S E PAR TO N/S 1/4 LN SD
SEC 900 FT TH S 89D 34M 26S W PAR TO S LN SD SEC 340 FT FOR POB TH N 00D 46M 26S E PAR TO
SD N/S 1/4 LN 440.45 FT TON LN SD S 1/2 SW 1/4 TH S 89D 46M 13S W ALG SD N LN 940.12 FT TOW
LN SD SEC TH S 01 D 08M 39S W AGL SD W LN 7.32 FT TO NELY LN Ml ST HWY DEPT ROW AS DESC
IN DEED RECOR'D 703/374 TH S 34D 43M 34S E ALG SD NELY LN 528.10 FT TH N 89D 34M 26S E
633.50 FT TO POB THAT PRT S 1/2 SW 1/4 DESC AS COM @S 1/4 COR SD SEC TH N 00D 46M 26S E
ALG N/S 1/4 LN SD SEC 350 FT TON LN SHERMAN BLVD TH S 89D 34M 26S W PAR TO S LN SD SEC &
ALG N LN SD SHERMAN BLVD 350 FT TH N 00D 46M 26S E PAR TO N/S 1/4 LN 411.78 FT TH NLY ALG
ARC OF 200 FT RD CURVE TO LT DIST OF 19.22 FT (CNTRL ANG SD CURVE IS 05D 30M 20S & LC SD
CURVE BEARS N 01D 58M44SW 19.21 FT) TO POB TH NWLY ALG ARC OF 200 FT RD CURVE TO LT
DIST 299.13 FT (CENTRAL ANG SD CIRVE IS 85D41M 40S & LC SD CURVE BEARS N 47D 34M 44S W
272.02 FT) TH S 89D 34M 26S W 1007.78 FT TH N 30D 12M 47S W 67.97 FT TH S 89D 34M 26S W 125 FT
TH N O0D 46M 26S E 315.45 FTTO N LN SD S 1/2 SW 1/4 TH N 89D 46M 13S E ALG SD N LN 733.30 FT
TO SLYLN CONSUMERS POWER CO PROP(100 FT WIDE ADJ TO50 FT WIDE PENN RR PROP) TH S
710 07M 50S E ALG SD SLY LN 1039.86 FT TO N/S 1/4 LN SD SEC TH S 58D 36M 41 S W 414.43 FT TO
POB SBJTTO ESMNT FOR UTILITY PURPOSES VESTED IN CITY RECOR'D 1157/134 PARCELS 1 & 2
ARE TOGETHER WITH ESMNT FOR INGRESS/EGRESS RECOR'D 1459/18 & 1513/416 PARCEL 3 THAT
PRT SW 1/4 SW 1/4 SD SEC DEX AS COM@ SW COR SD SEC TH N 89D 34M 28S E ALG S LN SD SEC
DIST 865. 76 FT TH N 00D 25M 32S W 120. 75 FT TH N 34D 43M 34S W 943.05 FT TO POB TH CONT N
34D43M 34SW 528.10 TO POINT ON W LN SD SEC TH S 06D 33M 43S E 438.78 FTTH N 89D 34M 26S E
250.70 FT TO POB THERE SHALL BE NO RT OF DIRECT INGRESS/EGRESS FROM HWY US 31 OR
FROM SHERMAN BLVD TO NORTHBOUND HWY US 31 RAMP TO & FROM & BETWEEN LANDS HEREIN
DESC
12/21/06
Mict!iga11 ~artmenl of Treasury
1012{Rav, 10-06)
Application for Industrial Facilities Tax Exemption Certificate
Issued under aulhon1y of P.A. 198 of 1974, 115 amended. FMing Is mandatory.
INSTRUCTIONS: File the original and two copies of this form and the required attachmenls (three complete sets) with the clerk of the
local government unil. The Slate Tax Commission (STC) requires lwo complete sets (one original and one copy). One copy Is retained
by the clerk. If you have any questions regarding Iha completion of thls form or would like lo request an lnformational packet, call (517)
373-3272.
To be completed by Clerk of local Government Uni!
Slgoalllre of Clerk
I' ""'wi''rJ";;G
STC Use Only
I•
.
• Appli~6on Number Dale Received by STC
APPLICANT INFORMATION
All boxes must be completed.
• 1a. Company Nama (Applic8nl mus! be the oceupaoVoperator of lh8 lacllity) • 1b. Standard lndustrlal e&aumcauon {SIC) Code- Se<:. 2(10) (4 or6 Digit Code)
• 1e. Address or Facility {real'"'
""'"
p10perty or personal property locaUon) • 1d. Clly/Townsh!pNlllage (in!liea!ev.titeh) • 1e. County
17Qn c .. ~ " • ,_ n-
Mu ... ,.
•
§ 2. Type of AIIP«MII Requested
Now (Soc. 2(4))
Speculative Building (Sec. 3(8))
BT""''" {1 o,py oofy)
• 3a. Sehool Diilrlct whwe faciUtyls located
Ore" ,..I \Ii-·•
Rehab!lllatfon (Sec. 3(1)) 4. Am0\lntofye:al'$ 1equasled h-e1<emptlon (1-12 Year$)
on
• 3b. Sehool'Code
Research end Deuelopmenl (Sec. 2(9))
12 years
0
~s~~1r~~~rr: ~rom,~r:!f!::;i~~.nJ~~l:F~~ril:(ll,f!:1.'!ri:h ~~';[g~:1~~~t:1~) ~~~Bri:'!1; ::~~~i!lon): Personal Property (Explain Naw.
The expansion of our facilities to house a new extrusion l lne. The addition of
a new shredder to process recycled material. This is necessary to handle an
increase in business domesticall.v and overseas.
6a. Cosl of land and building Improve men ls (excluding cosl of lend)
• Atlach Us! of Improvements end essocialed costs.
• $1. 123 000.QQ
Real Property Costs
• Also aUach a copy of building perm!! If project has already begun,
6b. Cost of machinery, equipment, furniture and ftxlures • $3,6ZZ ZOO
• Allach Itemize<! listing wilh month, day and year or beginning of ln&lallaUon plus Iola! costs Personal Property Cosls
6c. Total Projecl Costs • $4 BQ~7QQ ..illl_
• Round Costs to Nearest Dollar Tote! of Re;;, Personal Cosls
7.11\dle.,te Iha lime ,chedule ror ilart artd linlsh of eonsttl.lCUon and equiprrnmt lnslallallon. Project& must be eomp!etedwilhll'I a t,,,Q year period of Iha elfeetlve date of the
certlffeate unten olherMse approved by Iha STC.
B!!gl[] Ill!!!! IM/D{):'.I End Q~l1 {MlDOO
Real Property Improvements • 12L01LD6 7l30lQZ • 00wn•d ~ Leased
Personal Property lmprovemenls _1UQ_\1Qfi_ _ --3./0.\lDl~--
' ' [x]Ownod QLeased
• 3. Ale Slate Eduaitfon Taxes reduced or abated by the Michigan EC(lnomie Development Corporation (MEOC)? II ~s, ppplieant must aHach II signed MEDC Leiter of
Commitmenl lo reeetve this axempllon. 0 Yes []] No
• 9. No. of eldsling jobs Rt this facility lhatwiU be retained as a result ol thls ptojec!. • 10. No. of new Jobs at this facililyexpeeted lo crea!e v.llhin 2 years of oomplellon.
<cc on
11. Rehabff,ud,,m applk:at1onsorly: Compllllte a, b artd c 01 thl~ $ectlotl. You must att , o,e 8656:-~~•-• $!11tement 01 valuation 1orlha enllre planl re, .. ~ 111alloo dlslr1ctan..
obsolescenea statement for property. The SEV data below must be aa ol December 31 of the yeer prior to lhe rehabllitalion.
a. SEV or Real Property (exduding lartd)
b. SEV of Personal Property {e~ciuding !nvel'l!ocy)
e. TolalSEV ... .. . . . .... . ... . ....
• 12a. Check the 1W$ ofOlslriettha laci!lly Is localed In:
[ii Industrial Development Ols\rlc! • Plant RehablHtation Olslrlct
•' • 12c. ls this eppReation for a sp&cutatlva bui!dlng {See. 3(8))?
•
12b. Oate d!strltt was es!ablished by lo,;:al govemm1nt unlt (contact kx:at unit)
5/11/93 y., [ij No
12/21/06
F01m 1012,Page2
APPLICANT CERTIFICATION - complete all boxes.
The undersigned, aulhortz&d officer of Lhe company making !his appllcalioo certilles Iha!, to lhe best of his/her knowledge, no informaUon contained
herein or In the attachmel'lts hereto Is false In any way and that all ate lnAydesCl'iptlve of lhe Industrial property for which this applitallon Is being
submllled.
It Is further certified that the undenlgned Is famlllarwilh the provisions of P.A. 198 of 1974, as amended, being Seclioos 207.551 to 207.572. lnduslve,
of lhe Michigan Compiled Laws; and to the bes! of his/her knowledge end belief, (s)he has complied or will be able to comply wllh aw of the
requirements thereof which are prerequisite to the approval of lhe apptleallon by lhe local unit of governmenl and the Issuance of an Industrial Facllities
Exemption Certificate by the Slate T.ix Commission.
13a. Pfflparer Nema 13b. Phone Numbe1 13c. Fa~ Number 13d. E-mall Address
Daniel Harris 231-733-1113
1•11. Name of Contact Pe,son
Daniel Harris
15d. Daia
1511. Mailing Addrus (S!re<)I, CHy, $11,t<l.ZIPJ 15g. E-malt Atldress
90 Sun Dal phi n Or M1tskeg0n, MI 494
LOCAL GOVERNMENT ACT10N & CERTIFICATION - complete all boxes.
This section must ba completed by the clerk of the local governing unit berore $Ubmining applicaUon to lhe Stale Tax COmm!ssion. Check Items on Ille
at !he Local Unit end those Included with lhe submittal.
16. A.clioo taken bylocat gonmm1nl unR 16b. Th& Sia!& Tax commlslion Requires Iha following documents be lilal for an
admlnlstrativefy compteta epp1,ca11on:
0 Abatement Approved ror ____ Years (1-12) Check or lndh::al<l NIA If Nol Apptlcabte
After Completion 0Yes 0No - 1. Original Application plus attachmenls, end oo& complete copy
- 2. ResoluUon eslabllsh!ng cfislrlcl
0 Denied (lndude Resolution Denying) - 3. Resolution approving/denying eppllcaUon.
- 4. Letler of Agreement (Signed by local unit and applicant)
16a. Dowmenls Required 10 M lite wiU'I
~ LOCIII UnR
the - 5. Affidavit of Fees (Signed by local unit and eppllcant)
Check or Indicate NIA if Not Appllcable
~ 1. Nolee lo!ho p,bllo "'°' lo hoa,\og HlobUohlog • dl,trioL
- 6. Bulld!ng Permit ror real Improvements If project has already begun
- 7. Equipment List with dates of beginning of lnslattation
2. No1lee to taxing authorities of opportunity fore hearing.
3. Ust of lax Ing authorllles noUfled ror d!stricl and application action.
- 8. Form 3222 (lf eppUcable)
- 9. Specu!aUve bulldfng resolution and affidavits (if applicable)
4. Lease Agreement showing applicants tax llabHlty.
17. Name of Local Government Body
-
18. Dale of Resolution Approvingl[len)'ng !hi:$ Application
Attached hereto ls an original and one copy of the application end all documenls !Isled In 16b. I also certify that all documents listed In 16a
ere on file al the local unit for inspsctlon at any llm'l,
19a. Stgnatureol Clari< 119b. Name of Clerk 119<:. E•maij Addre'5
19d. C!alk's Maiing Address (St~III. City, Sia tu, ZIP Code)
19e. Phone Numbtr 11er. Fax Number
State Tax Commission Rule NtJmber 57: Complet'l appllcallons approved by the local unit and ret'llved by the State Tax Commission by October 31
each year will be acted upon by December 31. AppllcaUons received after October 31 may be acted upon In the following year.
Local Unit: Mall one orlglnal and one copy of the comp!eled eppllcat!on and alt required attachments lo:
Stele Tax Commission
Michigan Department of Treasury
P.O. Box 30471
Lansing, Ml 48909,7971
STCUSE ONLY
LUCI Cod<l Begin Data End Date2
12/21/06
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933 Ten-ace
Street, Muskegon, Michigan 49441, ("City") and Ameriform, Inc. ("Company").
Recitals:
A. The Company has applied to City for the establishment of an industrial development district or
industrial rehabilitation district pursuant to the provisions of Act 198 of the Public Acts of 1974, as
amended, which act requires a contract between the City and the Company to be agreed and submitted
with the Company's subsequent anticipated application for an industrial facilities exemption
certificate.
B. That in addition to the statutory requirement, the City has determined that it is in the best
interests of the taxpayers, property owners and residents of the City that this Agreement be approved
and executed prior to the establishment of the requested district, and the City deems this Contract,
together with the conditions set forth in the said Act to constitute a necessary element in the City's
determination whether or not to create the district.
C. The Company intends to install the project set forth in its application ("project") which it
believes qualifies for the process of establishing the district and the application for industrial facilities
exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to create the district
based upon the potential for the production of permanent jobs, the continuation, stabilization or
increase of economic activity, planning and zoning considerations and the City's general plan and
intentions regarding economic development. In addition to the City policy considerations and
predictions that the Company's proposed disttict and certificate benefit the community in those ways,
the City has further determined that the contractual commitments made by the Company to thereby
assist the community shall be binding on the Company and necessary to continue the tax exemption
made possible by the certificate.
E. This contract shall become effective upon the issuance of an Industrial Facilities Tax
Exemption Certificate.
NOW THEREFORE THE PARTIES AGREE:
1. COMPANY AGREEMENT. The Company in-evocably commits to the investment,job
retention and job creation promises made in its application, a copy of which is attached hereto and
incorporated herein. In particular the Company agrees:
1.1 That 100% of the jobs shall be filled and in existence with full-time employees by a date
no later than two (2) years from the date of the granting of the certificate by the State Tax
Commission, subject to the provisions of section 3.4 of this agreement.
Ameriform 2007 /FT - Page 1
1.2 That the amount of jobs listed on the application, whether new or retained, will be
maintained through the life of the abatement, subject to the provisions of section 3.4 of
this agreement.
1.3 The Company shall meet the affirmative action goal included in the application or in any
documents supplied by the City and utilized by the Company, including any additional
representations made to the City Commission on or before the date two (2) years after the
granting of the certificate by the State Tax Commission. It shall maintain the said levels
of 12% employment diversity during the period of the certificate, subject to the
provisions of section 3.4 of this agreement.
1.4 The Company, by the end of two (2) years from the date of the grant of the certificate by
the State Tax Commission shall have completed the investment of $4,800,700.00 in the
equipment and improvements as shown in the application, subject to the provisions of
section 3.4 of this agreement.
1.5 That the improvements and equipment to receive the tax abatement treatment shall be
completed on or before the date two (2) years from the date of granting of the certificate
by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely manner, and shall
not delay payments so as to incur any penalties or interest.
1.7 The Company shall fully cooperate with the City representatives in supplying all requested
and required documentation regarding jobs, investment, the meeting of all goals and the
timely installation and utilization of equipment and improvements. The City shall be
entitled to inspect at reasonable hours the Company's premises where the said
improvements and equipment have been installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax abatement is
granted, the level of jobs, affirmative action goals, production and utilization of the
improvements and equipment at the site where the district has been created and for which
the tax exemption has been granted.
1.9 The Company shall not cause or fail to cure the release of any hazardous substance, or the
violation of any environmental law on its premises in the City. It shall report any releases
to the appropriate governmental authority in a timely and complete manner, and provide
copies of said report documentation to the City. It shall comply with all orders and actions
of any governmental agency having authority.
1.10 The Company shall maintain the equipment and improvements so as to minimize physical
or functional obsolescence.
1. 11 The Company shall continue to operate its business location in the City, containing the
same number of and type of jobs, for the term of the certificate.
Ameriform 2007 /FT- Page 2
2. AGREEMENT BY THE CITY. Provided this contract has been executed and further
provided all applications to create the district and achieve the industrial facility exemption certificate
have been properly filed, the City shall, in a timely manner, determine in a public meeting to whether
to create the district and whether to receive, process, and approve thereafter the Company's
application for an industrial facilities exemption certificate. The City may consider this contract in a
meeting separate from and prior to the meeting in which the City considers the creation of the district
and/or approval of the application for certificate. Further, the City shall require the submission of this
contract signed by the Company together with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be considered
events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company's facilities in the City. Closing shall mean for purpose of this
Agreement, the removal, without transfer to another site within the City of substantially all of
the production facilities, and the elimination of substantially all the jobs created or retained
thereby, which are set forth in the Company's application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend the funds on
equipment and improvements as represented in the application within the times required
hereby, unless the company can show that there has been a loss of revenue and
employment due to circumstances beyond the control of the company. In order to make
that showing the company shall have the burden of supplying, to the City's satisfaction,
complete and convincing documentation supporting and justifying reductions in
investment, failures to attain affirmative action goals or job losses, such as, without
limitation, written evidence of lost contracts, accounting information showing reduced
revenues due to the loss of business, (not due to diversion of production to affiliate
companies or divisions of the company), production records showing reduced quantities
over significant periods of time, and such other information required by the City to
support the Company's claim that the failure to invest, failure to achieve affirmative
action goals, or loss of jobs should not form the basis for a finding of default.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the Company's property or
any other taxes, local, state or federal, including but not limited to City income taxes and the
withholding of said City income taxes from employees as required by the City Income Tax
Ordinance.
3.7 The performance or omission of any act which would lead to revocation under MCLA
207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or covenants of
this Agreement.
Ameriform 2007 /FT- Page 3
4. REMEDIBS ON DEFAULT. In the event of any of the above defanlts the City shall have the
following remedies which it may invoke without notice, except as may be reasonably required by the
Company's rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a public hearing,
the Company shall be immediately liable for penalties to be paid forthwith to the city as
determined as follows:
4. 1. 1 The Company shall pay to the City for prorata distribution to the taxing units
experiencing the abatement, an amount equal to the difference between the industrial
facilities tax which it has paid, and the total property taxes to the relevant taxing units
which it would have paid, given its installations of improvements and equipment,
during the years for which the certificate was in effect. ·
4.1.2 Inunediate Revocation. The Company hereby consents to revocation to the IFT
certificate before the State Tax Commission, without hearing, and the City shall submit
a copy of this Agreement to the State Tax Commission in connection with its revocation
procedure, giving notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before the two (2)
year period, in addition to the revocation procedures before the State Tax Commission, the
abatement should immediately be reduced by the City proportionately, and any installations
which have not been finished at the end of said two (2) year period shall not be eligible for the
abatement thereafter and shall be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the installations
have been completed), the Company has not expended the funds it has represented on its
application that it would invest for the installation of equipment, the abatement shall be reduced
prorata, and any remaining value of equipment shall be placed on the regular tax roll, unless
the company can show, through receipts, etc. that the cost of the equipment was actually
less than the amount estimated by the company (i.e., the same equipment was purchased
as listed in the IFT application, but the bids came in less then expected).
4.4 Job Creation and Retention. In the event the promised number of jobs have not been
created or retained at the end of the two (2) years after the grant of the certificate by the State
Tax Commission, the abatement shall be proportionately reduced, unless the company can
show that the loss of jobs, or inability to hire as many people as expected, is due to
circumstances beyond the control of the company (such as an economic downturn).
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of the certificate
by the State Tax Commission, the affirmative action goals of the City for additional jobs have
not been met on a prorata basis, the abatement shall be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the Company
amounting to grounds for revocation by statue, the City shall recommend to the State Tax
Commission immediate revocation of the certificate.
Ameriform 2007 /FT- Page 4
4.7 Special Assessment. For any amount due to be paid to the City, under this Section 4, the
Company consents that the City shall have a personal action against the Company for the said
amount, and in addition, cumulatively, and not by election, the City shall have a special
assessment lien on all the property of the Company personal and real, located in the City, for
the collection of the amounts due as and in the manner of property taxes and in such case the
collection of the said special assessment shall be accomplished by addition by the City to the
Company's property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of
the State of Michigan applicable to contracts made and to be performed within the State of Michigan.
6. Counterparts. This Agreement may be executed in one or more counterparts. Notwithstanding
such execution all such counterparts shall constitute one and the same Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the respective parties,
their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of Michigan Tax
Commission grants the company at Industrial Facilities Exemption Certificate.
CITY OF MUSKEGON
ayor
and~ ~
Linda Potter, Acting City Clerk
Ameriform Inc.
By Ooxa~)::J\~
Its Pl£Sl O£J.7[
and'&/vC2( bk~
Its $"..;,a. lf-,,,"f of'Lf
7
Amenform 2007 /FT - Page 5
INDUSTRIAL FACILITIES EXEMPTION APPLICATION
AFFIDAVIT OF FEES
We do swear and affirm by our signatures below that "no payment of any kind in
excess of the fee allowed, by PA Act 198 of 1974, as amended by Public Act 323
of 1996, has been made or promised in exchange for favorable consideration of
an exemption certificate application."
-··--
Applica~t [nc. .
Signed-~)/2 "L~
Print Name "])A10t £.L h-i A 12.K I$
Title Pf2.i6 I () Ctu 'f
Dated I;}. -.,2.l, -D~,
Commission Meeting Date: December 12, 2006
Date: December 4, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cf;;{:..,,
RE: Approval of Contract for Payments in Lieu of
Taxes (PILOT) for Renaissance Place
SUMMARY OF REQUEST: A Contract providing for a PILOT for a
proposed senior housing development known as Renaissance Place LDHA LP,
has been requested in accordance with Section 2-6 of the City Code of
Ordinances. The Contract is attached. The property is located at 552 & 570 W.
Clay Avenue. The applicant, Mr. Karl Chew, is planning to develop 23 senior
citizen units, and one market rate unit (total of 24 units). The Commission and
staff have requested that Mr. Chew increase the number of market rate
apartments in the development, but Mr. Chew has declined to make
adjustments, citing financial reasons.
FINANCIAL IMPACT: Payments under the contract are proposed at ten
percent (10%). However, the first 1-6 years no taxes will be paid as the
property is within a Renaissance Zone. The payments will be made between
years 7-15.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The desire for additional market rate units
remains. If the developer is unwilling to make any further adjustments, the
Commission can either deny or approve the Contract. If the Commission
approves the Contract, the Mayor and Clerk should be authorized to execute the
Contract on behalf of the City.
CITY OF MUSKEGON
CONTRACT FOR HOUSING EXEMPTION
This Agreement between Brookstone Capital LLC, 6857 Eastman Avenue,
Midland, Ml 48642 ("Developer") and City of Muskegon, 933 Terrace Street, Muskegon,
Michigan ("City") is made pursuant to the following terms:
RECITALS
A. Developer has acquired an option to purchase a site in the City of
Muskegon for the construction of a proposed low-income housing project (for the
elderly) as defined in Muskegon City Code, Sections 82-46 through 82-59 (the
"Project").
B. Developer and an affiliate of Developer, to be formed, have or will enter
into an agreement to form a limited dividend housing association to function as owner of
the proposed low-income housing project. The owning entity to be formed will be
identified as Renaissance Place Limited Dividend Housing Association Limited
Partnership.
C. The City encourages construction and financing of the said low-income
housing project which is identified by the working name of Renaissance Place.
D. To further enable and encourage the construction of the housing project,
Developer and the City enter into this Agreement.
E. The legal description of the Project is set forth in Exhibit A attached to this
Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Grant of Exemption. As contemplated and pursuant to Act 346 of the
Public Acts of 1966, as amended, the State Housing Development Authority (the "Act"),
the City hereby grants an exemption from all property taxes attributable to the buildings
which consist of rental units offered to eligible low income persons and families as
defined by the Michigan State Housing Development Authority (the "Authority").
2. Term of Exemption. This exemption shall continue for the period of time
the housing units remain subject to income and rent restrictions pursuant to Section 42
of Internal Revenue Service Codes of 1986, as amended (IRS Codes), or the Authority
Regulatory Agreement, but no later than December 30, 2023. The City agrees to be
contractually bound by this Agreement to honor the exemption status of the proposed
project as provided therein and in this Agreement for the entire period during which the
Project is financed by the Authority or receives low income housing tax credits under
1
Section 42 of the I RS Codes, provided that the said loan or a loan originally financed by
the low income housing tax credits continues outstanding and not in default as more
particularly set forth in Muskegon City Code, Sections 82-46 through 82-59, but such
obligation shall expire December 30, 2023. It is further understood that the property is
in a Renaissance Zone and no payments will be made between the years 2007-2014.
The payments will begin in the year 2015 and conclude in the year 2023.
3. Responsibilities of the Developer. The Developer agrees to perform the
following:
3.1 The Developer shall pay the service charge and payment in lieu of taxes
set forth in Muskegon City Code, Sections 82-46 through 82-59 in a timely manner (on
or before July 1, of each year during the time the exemption is in effect). For said
purposes the Developer recognizes and will abide by all of the collection provisions of
the ordinance, including without limitation, the acceptance of the lien provisions status
of the payments in lieu of taxes in the event of default as set forth in Muskegon City
Code, Sections 82-46 through 82-59. The service charge shall equal ten percent (10%)
of the contract rents charged for the total of all units in the exempt housing project,
whether the units are occupied or not and whether or not the rents are paid. The
developer agrees to construct 23 dwelling units for low income elderly persons and one
(I) elderly market rate dwelling unit.
3.2 The Developer agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority's
administration of the low income housing tax credit program.
4. Term. This Agreement shall continue in effect for the entire period of
eligibility for the exemption as set forth in the Ordinance. The City considers itself
bound by this Agreement for the entire term hereof.
5. Interpretation of Financing. The City agrees that the financing of the
mortgage by the use of low income housing tax credits constitutes financing of the loan
by the Authority in fulfillment of the requirements of Muskegon City Code, Sections 82-
46 through 82-59.
6. Third Party Beneficiary. This Agreement shall benefit the parties named,
including the limited dividend housing association to be formed, and further shall benefit
the Authority, or such other mortgagee as may have financed the housing project, which
may enforce this Agreement, both as its interest may appear, and on behalf of the
Developer and its successors and assigns. No other party is a beneficiary of this
Agreement.
7. Counterparts. This Agreement may be executed in several counterparts
and an executed copy hereof may be relied upon as an original.
2
8. Binding and Benefit. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, administrators, personal
representatives, successors and assigns.
9. Effective Date. The effective date of this Agreement is
- - - - - - - - - ' 2006.
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates
indicated below.
Dated: - - - - - - - - -, 2006 CITY OF MUSKEGON
By: - - - - - - - - - - -
Stephen J. Warmington, Mayor
Dated: _ _ _ _ _ _ _ _ _ , 2006
Linda Potter, Acting Clerk
Brookstone Capital LLC
Dated: _ _ _ _ _ _ _ _ _ ,2006 By: - - - - - - - - - - -
Karl Chew, Principal
3
Exhibit A
552 West Clay Avenue:
Permanent parcel 61-24-205-316-0017-00, CITY OF MUSKEGON REVISED
PLAT OF 1903 LOT 17 AND EAST 20 FEET? INCHES IN LOT 16 ALSO WEST
10 FEET 3 INCHES IN LOT 18 BLOCK 316.
570 West Clay Avenue:
Permanent parcel, 61-24-205-316-0015-00, THE EAST 32 FEET OF LOT 14,
ALL OF LOT 15, AND LOT 16, EXECPT THE EAST 20 FEET? INCHES OF
SAID LOT 16, BLOCK 316, OF THE CITY OF MUSKEGON REVISED PLAT OF
1903, AS RECORDED IN UBER 3 OF PLATS, PAGE 71, MUSKEGEON
COUNTY RECORDS.
N
W*E
s
Brookstone C apital LLC
6857 Eastman Ave., Midland, Ml 48642 Tel: (989) 837-6272 Fax: (989) 794- 59 13
Bryon L. Mazade November 13, 2006
City Manager
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon, Ml49443
I
Dear Mr. Mazade:
Please allow this letter to serve as formal request to be placed on the November 28, 2006,
Regular City Commission Meeting agenda for the introduction and adoption of a Payment In
Lieu Of Tax Ordinance (PILOT) for proposed senior housing development known as
Renaissance Place LDHA LP, to be located at 552 & 570 West Clay Avenue, Muskegon,
Michigan.
Renaissance Place is a twenty-four (24) unit town home/apartment urban infill senior
community proposed for new construction located in the Downtown Western Clay historic
neighborhood of Muskegon, Michigan. The new development will consist of twenty three
(23) affordable units and one (1) market rate unit. This project is being undertaken by
Brookstone Capital LLC, and the ownership entity would be the Renaissance Place Limited
Dividend Housing Association Limited Partnership.
Immediate Surrounding Area
The site is located directly adjacent to Downtown Muskegon, Michigan, which will transition
residential neighborhood into historic retail and commercial business area. Downtown
Muskegon has undergone a revitalization of housing renovation, new construction, a
wonderful historic district whose buildings are characteristic of early turn-of-the-century,
many great shops, restaurants and entertainment destinations.
The new construction senior residential rental town home/apartment building development
site located between 6th and th, along West Clay Avenue was selected as it is located in the
designated State of Michigan Cool Cities neighborhood under Governor's Cool Cities
Initiative to bring people back to the downtown to live, work and shop. In addition, the
building is located in Renaissance Zone known as Boilerworks/Amazon Sub zone.
Present Heritage District zoning allows multiple family residential uses by Special Land Use
permit. The proposed new construction senior development, Renaissance Place assists the
city in meeting its Master Land Use Plan, of which goal is to "Promote ongoing housing in-fill
programs. As part of the in-fill effort, work with area builders to determine possible joint
public/private partnerships for the construction of affordable housing ." In addition, the
proposed new construction residential development fulfills the Downtown Muskegon Market
Study which trends suggest potential for about 80 to 100 new downtown housing units
through 2009.
Muskegon City Mgr PILOT Re. Ur request. 111306
Building Construction/Amenities
The current site located 552 West Clay Avenue is a vacant parcel, adjacent at 570 West
Clay Avenue is a one-story commercial warehouse. The two lots will be combined into a
larger .77 acre parcel in which the current warehouse will be removed to create a new
residential neighborhood streetscape community. The proposed Renaissance Place will be
a single low rise residential building with twelve town home units fronting West Clay Avenue.
The proposed residential rental units will compose of twelve (12) two-bedroom town homes
at street level along West Clay Avenue and twelve (12) two-bedroom apartments above the
town home units with average square footages of 1,700 and 950 respectively. Each town
home/apartment will contain one bath per every bedroom, fully equipped kitchen with
electric range, frost free refrigerator, dish washer, central air and in unit washer/dryer. A
community space within the building will be provided for the use of the residents as social
gather place. The proposed ground level parking on site will accommodate forty-eight (48)
parking spaces with buffer area of the common alleyway.
Total construction development costs estimated $3.0M with a majority of this investment will
infuse directly into the Muskegon City's economy as the development uses local engineers,
surveyors, architects, construction suppliers and sub contracting vendors. The proposed
development will create; sustain jobs for local workers not only during but after construction
phase for ongoing maintenance and management personnel. In addition, the development
will make contribution in form of permanent substantial infill residential downtown
structure.The proposed new construction will provide quality downtown rental housing for
the City's senior residents. The new construction is anticipated to begin summer 2007 with
completion estimated midsummer 2008.
The proposed development has received conditional approval from Muskegon Historic
District, Certificate of Appropriateness on October 3, 2006. In addition, City Planning
Commission approved Special Land Use permit for the proposed multifamily development
on October 12, 2006.
Financing
Renaissance Place will utilize several development funding resources. Majority of the
funding will come from Michigan State Housing Development Authority (MSHDA) under
Housing Tax Credit program specifically for Cool Cities designated neighborhoods and
private lender.
Muskegon City Mgr PILOT Re. Ur request. 111306
Identified Target Market
A comprehensive market study of residential and housing marketing potential of the
downtown City of Muskegon completed in Fall of 2004 supports the emerging market for
downtown housing for new construction and adaptive re-use of existing buildings. The
household groups that comprise the potential market are younger singles and childless
couples including, among others, young professionals, office workers and small business
owners; empty nesters, active adult age 55 and retirees. The market study suggested that
successful development/redevelopment in Downtown Muskegon must be consolidated into
identifiable residential "addresses" (creating Downtown residential neighborhoods where
none currently exist) and a "primary retail zone" with concentrated retail activity. Preliminary
Market Study completed by Woods Consulting of Muskegon surveyed area senior housing
developments reported a high occupancy rates in their senior communities. The additional
new residential units will assist the community with additional senior housing units as this
segment of the population increases in numbers in the coming years.
Renaissance Place is located within "The Historic Western Clay District". These "new"
downtown households would provide a local presence, active source of disposable income
spending for the economic revitalization of City of Muskegon downtown merchants as a
destination for retail, dining, and entertainment venues. More importantly, Renaissance
Place would provide quality convenient housing for senior residents who wish to live near
the Lakeshore area.
Local Support Initiatives
The development will support Governor Granholm's initiative for Michigan Cool Cities to
attract, retain people to live, work and shop in Michigan's downtown cities; to help prevent
further suburban sprawl in our neighboring communities and encourage new housing
developments to utilize existing infrastructure in downtown. The sponsor of the new
construction development, Brookstone Capital LLC, will assist to bring in approximately over
$3.0M investment through housing tax credit and private lender. To support this new
construction senior housing development, the sponsor requests the City of Muskegon
Commission a conditional approval for Tax Exemption and Payment in Lieu of Taxes
(PILOT) for Renaissance Place LDHA LP. The City of Muskegon has an ordinance (Article
2. Tax Exemption Ordinance, Chapter 82 of the City of the City code) which allows the City
Commission to grant property tax exemptions and charge a four percent (4%) service fee as
payment in lieu of taxes for a period of fifteen (15) years.
Additionally, a PILOT ordinance by the City of Muskegon will assist this new development
proposal receive more considerations from MSHDA to allocate limited and competitive state
housing tax credit as local municipality shows support of long term economic feasibility for
this sustained senior housing and demonstrates the its advocacy for the creation of
downtown housing opportunity.
Current City of Muskegon annual property taxes assessed on 552 & 570 West Clay Avenue
proprieties is approximately $825. The proposed residential redevelopment property tax
revenue is estimated at $6847 for the first year in operation which is based on net shelter
rental income of $171,171 and four percent PILOT. Therefore, tax revenue to the City of
Muskegon at Renaissance Place will increase as annual rents increase. In addition, the city
will benefit from the addition of twenty-four (24) new residential units with water revenue
sources.
Muskegon City Mgr PILOT Re. Ur request.111306
Summary
Renaissance Place proposed new construction senior residential development will offer the
community of Muskegon many benefits. These benefits include revitalizing the residential
streetscape along West Clay Avenue between 6th and 7th Street of Downtown Muskegon,
increasing stock of quality residential living units within the downtown area to support
economic growth of downtown merchants, adding several million to local construction
economy in addition to extra tax and water revenue to the City of Muskegon.
We are seeking to obtain the support in redevelopment initiatives and ordinance approval by
November 2006 to meet state funding application and project timeline. On behalf of
Brookstone Capital, our development team, thank you for your time and allowing us an
opportunity to work with you and the City of Muskegon on providing additional needed
quality affordable housing in downtown and making it a successful reality. If you need further
information, please advise us.
Sincerely,
Karl Chew
Principal
Muskegon City Mgr PILOT Re. Ltr request. 111306
Market Profile - Brookstone Capital
24 Units of Senior Housing - City of Muskegon
Market Area - 3.0 Mile Radius of Project Site
Date of Market Entry: 2008
Proposed Configuration: 24 - 2BR/2Bath units; 23 LIHTC; 1 - Market Rate
Contract Rents: $301 - $650 (LIHTC); $750 - Market
Gross Rents: $418 - $837 (LIHTC); $867 - Market
Target Income Range: $12,540 - $29,760
Household Income Distribution by Tenure in 2008 Age 65 plus: Primary Market Area
Household Income Total # Households Renter Households Owner Households
Less than $15,000 1,403 772 631
$15,000 - $24,999 1,027 236 791
$25,000 - $34,999 759 71 688
$35,000 - $49,999 610 38 572
$50,000 - $74,999 650 25 625
$75,000 - $99,999 322 3 319
$100,000 - plus 437 7 430
Totals: 5,208 1,152 4,056
Assumptions:
• Total# households based upon projections for Primary Market Area prepared by ESRI
• Distribution of household income for 2008 based upon projections for Primary Market Area by
ESRI
• Tenure of households by income based upon 2000 Census information for Muskegon County
tabulated by HUD (# of households by tenure and income for age 65+ in Muskegon County in
Census 2000)
Conclusions:
• Based upon Target Income Range noted above, Primary Market Area will contain 463 income-
qualified renter households over age 65 at date of market entry
• Based upon Target Income Range noted above, Primary Market Area will contain 1,279 income-
qualified owner households over age 65 at date of market entry.
• At date of market entry, PMA will contain 579 renter households whose income falls below target
income range and O renter households whose income is greater than the target income range.
• At date of market entry, PMA will contain 473 owner households whose income falls below target
income range and O owner households whose income is greater than the target income range.
• Estimated demand for 23 LIHTC units is 96 income-qualified households (82 renters and 14
owners); estimated demand for 1 Market-rate unit is 19 renters and 27 owners.
General Market Trends for Age 65+ Households in Primary Market Area
2000 Census 2006 2011 2008 (Market Entry)
Population 65+ 8,179 7,655 7,682 7,666
Population 75+ 4,560 4,485 4,343 4,428
# Households 65+ 5,556 5,181 5,238 5,204
# Households 55-64 2,495 3,202 4,087 3,556
# Renter HH 65+ 1,614
# Owner HH 65+ 3,919
• Age 65+ population and households forecast to decline between 2000 - 2006 and then increase
slightly between 2006- 2011
• Age 55-64 households forecast to increase by 64% from 2000 - 2011
• All forecasts provided by ESRI
Comparable Senior Housing Projects in Primary Market Area
The Muskegon area features several affordable senior housing projects. Three of these projects are
profiled below. They include the "newest" projects (Nelson Place and the Village at Park Terrace) plus
Barclay Village.
Nelson Place
350 Houston Street
Muskegon, Ml 49441
727-4077 (Sandy- Resident Manager)
• Project contains 101 units: 91-1BR and 10-2BR
• Rents for the 2BR (comparable to the proposed project) are $740 for a 954 s.f. unit
• Rent includes heat and water/sewer utilities
• Site offers tenants community meals on weekdays, planned activities and scheduled bus trips
• Project manager reported 1 vacancy
The Village at Park Terrace
1350 W. Hackley Ave.
Muskegon, Ml 49441
755-6560
• Project contains 122 units in a mix of 72-1BR; 41-2BR, and 9 - 2BR "cottages"
• Project mix includes 52 "affordable" and 70 market rate units
• "Affordable" rents range from $630 for 1BR to $785 for 2BR unit
• Rent includes water/sewer and BASIC cable-TV
• On-site amenities include secure access, community meals with dining packages available,
planned activities, beautician on-site, exercise room, movie theatre, and computer room
• Project manager reported 1 - 1BR vacancy
Market Rate Senior Housing
Barclay Village
2081 Barclay
Muskegon, Ml 49441
755-3939
• Resident manager reports that 80% of residents are elderly - many of whom have lived at the
property for 20 or more years (very stable population)
• Rents range from $530-$575 for a 2BR/1 Bath unit
• Rent includes all utilities except electricity/telephone/Cable-TV
• Currently has 3-2BR units available
The Village at Park Terrace
1350 Hackley Ave.
Muskegon, Mil 49441
755-6560
• Project offers market rate units with rental rates at $735 for 1BR and $890 for 2BR
• Project also offers 9 "cottages" with rental rates at $1,050
• Currently no 2BR market rate units available; 1-1BR market unit available
The Village at the Oaks Retirement Community
1740 Village Drive
Muskegon, Ml
767-7100
• Newest senior development in Muskegon - affiliated with Mercy General Health Partners
• Offers both independent living (apartments) and assisted living
• Independent living offers 80 units of studio, 1BR, and 2BR
• Rents for 1BR/1 Bath units are $1,350 for 1-person and $1,750 for 2-persons; rents for 2BR/2Bath
units are $1,775 for 1-person and $2,175 for 2-persons
• Rents include 1 meal per day; housekeeping service 1X/week; all utilities, scheduled
transportation (doctor's appointments, etc.), and small storage space
• Currently 1-1 BR available with 1-2BR expected to become available in 30 days
Sources and Uses
Renaissance Place
24 Active Adult Apartment Homes
10% PILOT
o Market 1 Market Unit 2 Market Unit 3 Market Unit
Uses Unit Increase (Decrease) Increase (Decrease) Increase (Decrease)
Compared to O Market Unit Compared to O Market Unit Compared to O Market Unit
Land Cost 276,000 276,000 - 2!.§,000 - 276,000 -
Construction Hard Cost 3,057,835 3,057,83§ - 3,057,835 - 3,057,8~5 -
Soft Cost 1 232 477 1 232 477 - 1 232 477 - 1 232 477 -
-- __ ,,,,,,._ -·-
4,~6,312 4,566,312 ----·-·-····- 4,566,312 - 4,566,312 -
-- -- ·---------- --,---- -- --·--·- ___ __ ____
,,, ,,
Sources
Debt $629,236.76 $675,438.94 $46,202.19 $651,086.76 21,850 $661,011.76 31,775
------ --
Housing Tax Credit 3 847 021 3 686 582 (160 439) 3 526155 (320,866) 3 365 742 (481,279)
_,_,,,,_,_, ___ 4,476,258 4,362,021 (114,237) 4,177,242 (299,016) 4,026,754
- (449,504)
----
Fundina Gao 90,054 204,291 389,070 539,558
DISTRIBUTION OF RENTS with 1 Market Rate Unit and 23 Tax Credit Units
• Bed-rooms
• Bath
rooms
• Units
Base Rent Per Unit (Not Including
Utilities) Unit Types
2 2 1 301 Tax Credi
2 2 3 538 Tax Credi
2 2 19 650 Tax Credi
Annual income
Income Less 5% Vacancx.
10% PILOT 18,018
,,.. \ \
4/11/96
CITY OF MUSKEGON
ORDINANCE NO. 1107
An Ordinance amending the Low Income and Elderly Housing Tax Exemption Ordinance of the
City by providing for a complete change in the language thereof.
Sec. 2-6 State tax exemption for certain residential projects not applicable
within the city, except as provided; amount of payment in lieu of taxes
for exempted projects; standards; provision for contract; lien on
property; collections.
1. General Denial of Exemption. The exemption from ad valorem
property taxes provided by Sec. 15a of Act 346 of the Public Acts
of 1966, as amended, (MCL 125.1415a, MSA 16.114(15a)) shall
not apply to all or any class of housing projects within the city
boundaries except as provided in this ordinance. This denial of
exemption is made pursuant to subsection 5 of the Act.
2. Limited Exemption Stated. A limited exemption, only if
authorized by the Act, is hereby granted, limited however to the
projects described and authorized by this ordinance and further
having a signed contract with the city pursuant to the ordinance,
entered into by the city in its sole discretion. No other residential
project, even if authorized by the Act, shall be entitled to an
exemption.
3. Definitions.
3. I Act means the State Housing Development Authority Act
of 1966, as amended, being Act 346 of the Public Acts of
1966, as amended.
3 .2 Authority means the Michigan State Housing Development
Authority.
3.3 HUD means the United States Department of Housing and
Urban Development.
3.4 Contract rents mean all rents in the housing project,
expected either directly from a tenant or by subsidy, vendor
payments or paid by a government or other assisting entity
on behalf of a tenant to the owner or owner' s designee or
agent of a housing project. Contract rents includes the rental
F:\COM1vl:ON\5\GTJ\C-EXEWT.ORD
amounts to be currently charged for units in the housing
project, whether a unit is vacant or not, and whether or not
the rent is actually paid. Contract rents also includes the
rentals to be paid for additional facilities by tenants, such as
carports or garages, and further includes miscellaneous
income, such as income from vending machines or laundry
equipment. The portion of additional facility rents and
miscellaneous income to be attributed to contract rents shall
be determined by reference to the floor plan of the facility
which includes and clearly exhibits the housing project,
(therefore the exempt portion of the facility), and the said
portion of contract rents shall be determined by the ratio of
the housing project square footage to the entire square
footage of the facility. The term "contract rents" does not
include charges for utilities as defined herein.
3.5 Housing project means a residential facility consisting of
rental units offered to the following persons. It does not
mean the portion of any facility which is not so occupied:
3.5.1 Elderly persons as herein defined.
3.5.2 Low income persons and families as defined by the
authority.
3.6 Elderly persons means persons aged sixty-two (62) or
older who are oflow or moderate income and who would
qualify by the rules, standards or practices of the authority
for residency in projects aided by the authority. This
definition does not expand the projects which are eligible
under this ordinance.
3. 7 Low income persons and families is defined to include all
low income persons and families included in the definitions
found at section 15a(7) of the Act.
3.8 Mortgage loan means, for purposes of this ordinance, a
loan made by the authority or HUD to the sponsor for the
construction and permanent financing of a housing project
as defined by this ordinance.
3.9 Utilities means public water, public sanitary sewer, gas or
electric service. Utilities do not include cable or other
television services, telephone or communication utilities or
solid waste services.
F:\COMMON\.5\GTJ\C-EXEMPT.ORD
\ ', I
3 .10 Service charge. The terms "service charge" and "payment
in lieu of taxes" mean the same thing.
3 .11 Sponsor. A sponsor is a developer of a housing project.
The term "sponsor" includes an applicant for exemption
under this ordinance.
4. Ownership Entities Recognized. No housing project shall be
eligible for an exemption under this ordinance unless it is owned by
a non-profit housing corporation, consumer housing cooperative, or
limited dividend housing corporation as described in section 15a of
the Act. The exemption shall not be available to mobile home park
corporations or mobile home park associations.
5. Housing Projects Eligible. The following housing projects shall be
eligible for the exemption in the City of Muskegon:
5.1 Housing projects receiving direct mortgage loans from
HUD or the authority for at least 70% of the total
construction or rehabilitation costs of the housing project.
5.2. Housing projects where at least 70% of the total
construction or rehabilitation costs of the housing project
come from the proceeds of a grant or advance of funds from
the authority.
5 .3 Housing Projects in which at least 70% of the total
construction or rehabilitation costs of the Housing project
are funded by the net proceeds from an authority-aided
mortgage loan, but only where the authority aid consists of
the allocation of tax credits from the authority to the
applicant for the exemption.
6. Payment in Lieu of Taxes; Amount; Standards for
Determination. The payments in lieu of taxes, to be made by
housing projects exempt from ad valorem taxes under this
ordinance are hereby established by the city pursuant to section 15a
of the Act, without regard to the amounts otherwise set forth in the
said section of the Act. The service charge to be paid in lieu of
taxes by any housing project exempt under this ordinance shall be
determined as follows:
6.1 Amount. The service charge shall be in an amount no less
than 4% nor more than 20 % of the contract rents charged
for the total of all units in the ( exempt) housing project,
whether the units are occupied or not and whether or not
F:\COMlviON\5\GTJ\C-EXEMPT.ORD
.\
the rents are paid. In no event shall the service charge
exceed the ad valorem real property taxes which would be
paid for the housing project if it were not exempt.
6.2 Standards for determining the amount of the payment
in lieu of taxes. In determining the amount of service
charge, (not less than the minimum), which will be paid the
city for a housing project exempt under this ordinance the
following standards shall guide the city. All criteria which
apply shall be considered to arrive at the service charge:
6.2.1 In the event the housing project or a substantial part
thereof is located in a rehabilitated structure, for that
portion of the project found in the rehabilitated
structure the city shall establish a lower service
charge.
6.2.2 In the event the housing project is located in an area
of the city which is part of a tax increment district,
and removes taxable property from the tax roll the
city shall establish a higher service charge.
6.2.3 The city shall consider the number of exempt units
as compared to non-exempt units which are attached
or contiguous to the housing project, but which are
developed simultaneously with it by the same
developer. To the extent that non-exempt units,
including units calling for market rents, are included
in the development, the city shall consider lowering
the rate of the service charge on the exempt units.
6.2.4 In the event the housing project is proximate to
non-subsidized and non-exempt housing which is not
part of any project for which the developer of the
exempt housing project is responsible, the city shall
establish a higher service charge.
6.2.5 In the event the housing project is eligible for other
property tax abatements or reductions of any kind,
or municipal benefits not generally available to
residential properties, the city shall establish a higher
service charge.
6.2.6 In the event the housing project results in an
increase in the need for public services such as water
or sewer extensions, public transportation services,
F:\CO!vUvfON\5\GTJ\C-EXEMPT.ORD
.\ •,
additional snow plowing, police and fire services, or
increased school populations, the city shall establish
a higher service charge.
6.2. 7 In the event the city determines that the housing
project will result in significantly increased traffic
generation or street or highway safety problems, the
city shall establish a higher service charge.
6.3 Property or unit becoming ineligible. In the event any
residential unit is found to be occupied by persons who are
not eligible to occupy exempt units under this ordinance, the
service charge for that unit, prorated, shall equal the general
property taxes which would be payable (prorata) for that
unit. In the event the city determines that more than 2Q.. %
of the units in the housing project are occupied by such
ineligible persons, then the entire housing project shall be
inunediately liable for a service charge in an amount equal
to the ad valorem property taxes which would otherwise be
charged by tax bills normally issuing in the year of the city' s
determination.
7. Term of Exemption. The exemption term shall begin on the tax
day of the year in which a final certificate of compliance or
occupancy is issued by the City, therefore affecting the taxes due in
the following year, and shall terminate on the happening of any of
the following:
7.1 Refinancing of the authority-aided, or authority or HUD
mortgage loan, except to convert from a construction to an
end loan.
7.2 Any violation or default under this ordinance.
7.3 The day falling 25 years after the effective date of the
contract for the exemption required by this ordinance, or the
period determined by the contract, which ever is shorter.
8. Service Charge Constitutes a Lien on the Property. The service
charge shall constitute a lien on the housing project property and
improvements, effective at the same times and enforceable in the
same manner as general property taxes.
9. Collection of Service Charge. The service charge as determined
by this section shall be payable in the same manner as general
property taxes, except that the annual payment shall be paid on or
F:\COMMON\5\GTJ\C~EXElv!PT.ORD
before July 1 of each year during which the exemption is in effect.
The entire tax collection procedure provided by the General
Property Tax Act shall be effective and utilized with respect to such
payment, including, but not limited to, the provisions providing for
interest and penalties on late payments, return of delinquent taxes,
tax liens, and the sale of lands for delinquent taxes. In the event of a
delinquency in the payment in lieu of taxes, the city shall issue a tax
bill for the premises and include the required payment as a
delinquent tax.
10. Requirement to File Information; Default in Payment;
Violations; Loss of Exemption. The sponsor or owner shall file
annually with the City Treasurer a statement of contract rents as
defined by this ordinance to be charged and/or received, the said
statement to be filed within thirty (30) days after December 31 of
each year. Failure to timely file said statement, the filing of an
inaccurate statement, any misrepresentation in the amount of rents
as defined herein, or the failure to timely pay any service charge,
shall be considered violations of this section and the commission of
any one (1) violation shall result in the permanent, immediate loss
of the exemption for the current year and thereafter. The City may
require that information presented in the statement be certified by
an independent auditor.
11. Service Fees and Special Assessments. Except as otherwise
provided by law, a housing project otherwise exempt under this
section shall not be exempt from special assessments or service fees
or charges levied or charged by the city.
12. Contract Requirement. Except for housing projects previously
determined to be exempt prior to the enactment of this section,
each housing project which is exempt hereunder must sign an
agreement with the city by which the exemption set forth herein is
granted, and further providing for the payment in lieu of taxes,
consenting to the provisions of this ordinance and recognizing the
conditions whereby exemption may be lost. The city may require
any reasonable conditions in such contract, including but not limited
to such matters as limitations on the years for which the exemption
may be continued, requirements for completing the project within a
time certain, requirements for completing non-exempt units or
facilities and time limits for completion, as well as the number of
such units . Each contract shall have a complete and final floor plan
attached (subject only to insubstantial amendment by as- built
drawings), which shall govern the determination of the payment in
lieu of taxes as appropriate under this ordinance. No exemption
F:\CO!vflvfON\S\GTJ\C-EXEMPT.ORD
may be granted unless and until the contract is completed, approved
by the city commission and signed.
13. Denial of Application. The City is not required by this ordinance
to grant an application which may otherwise qualify under this
ordinance. The city may deny an application in its sole discretion. In
determining whether to deny a project, the city may use, but is not
limited to, the following standards. The city would deny a project
for exemption if the project applied for:
1. Constitutes a development which diverts, subverts, alters or
is contrary to the master plan of the city, or
2. Fails to contribute to the improvement of neighborhoods in
the city, or
3. Concentrates exempt housing in one or more areas of the
city, or
4. Adversely affects the property tax base of the City, or
5. Creates significant public burdens, such as traffic, public
works or infrastructure, health, safety, school population or
service capabilities, or
6. Results in the concentration oflow income or elderly
housing in a neighborhood or is contrary to the
encouragement of economically diverse housing
development, or
7. Is sponsored by a developer who fails to demonstrate
acceptable financial, managerial or construction capabilities,
or
8. Results in a project or development which is harmful to the
health, safety and welfare of the city.
F:\COMMQN\5\GTJ\C-EXEMPT.ORD
14. Effect on Existing Projects. Housing projects which have been
previously determined and treated as exempt pursuant to the Act
under previous ordinances of the city shall continue their exempt
status, and further shall continue the present payments to the city as
presently determined. To the extent their present contracts do not
conflict with this amended ordinance, this ordinance shall control
their exemptions.
This ordinance adopted:
Ayes: Commissioners Pleimling, Aslakson, Nielsen, Michalski, Smith, Pruim,
Shepherd
Na y s : _ _ _ , ~ - - - - - - - - - - - - - - - - - - - - - - - - - - -
Adoption Date: April 23, 1996
Effective Date: May 10, 1996
First Reading: April 23, 1996
Second Reading: _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGO
By:-1:.~~c....:::::JL.::!l'.S-6'~QS,A,~~...L_
Gail A. Kundinger
CERTIFICATE
This ordinance was adopted at a meeting of the City Commission, held on Apr i 1 2 3
1996. 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 j .
By i,L,.i Q ¾::.-sk,,J""
Gail A. Kundinger
Its City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
F:\COMlvfON\5\GTJ\C-EXEMPT.ORD
City of Muskegon
Muskegon County, Michigan
NOTICE OF ADOPTION
TO ALL INTERESTED PERSONS:
Please take notice that the City Conunission of the City of Muskegon adopted, on April - 23
1996 the following amendments to the Low Income and Elderly Housing Tax Exemption
Ordinance of the City. The changes in the Low Income and Elderly Housing Tax Exemption
Ordinance are sununarized as follows:
By this ordinance the City has revised its ordinance for exemptions of certain low income and
elderly housing projects from taxation and, provided additional standards and procedures for
payments and low taxes. The ordinance restates Section 2-6 of the Code of Ordinances of the
City. The sections are outlined as follows:
I. General Denial of Exemption. This section denies in general the
exemption under Act 346 of the Public Acts of 1966.
2. Limited Exemption Stated. The ordinance reinstates certain types of
housing projects to be treated as exempt.
3. Definitions. The definitions section includes certain formal definitions
and definitions of contract rents, housing projects, elderly and low income
persons, mortgage loans and utilities.
4. Ownership Entities Recognized. This section requires that the
ownership of an exempt project be the same as described in 1966 PA 346,
exempt the exemption is not available to mobile home park corporations
or mobile home park associations.
5. Housing projects eligible. This section defines what housing projects are
eligible. In general the projects involve elderly or low income persons,
funded at least 70% by HUD or MSHDA aided financing.
6. Payment in Lieu of Taxes; Amount; Standards for Determination.
This section establishes the payment in lieu of taxes in terms of the
amount, which may range from 4% to 20% of contract rents, and further
sets standards for determination by the City of the level of payments in
lieu of taxes. The section also provides for a property or unit in a property
becoming ineligible for tax exemption.
7. Term of Exemption. This section provides that the exemption begins in
F:\COMMON\5\GTJ\C-EXEMPT.NOA I
,\ • I
the tax year following completion of the project and sets other standards
for termination including defaults, refinancing, or terms of years
determined by contract or ordinance.
8. Service Charge Constitutes a Lien on the Property. The charge
becomes a lien, like property taxes, if unpaid.
9. Collection of Service Charge. Thi/section sets out the times when the
charge is due and provisions for delinquencies.
10. Requirement to File Information; Default in Payment; Violations;
Loss of Exemption. This section requires information regarding rents to
be filed, and provides for defaults, violations and loss of tax exemption.
11. Service Fees and Special Assessments. Exempt properties are liable for
special assessments and other service fees.
12. Contract Requirement. No project is tax exempt without a contract
agreed to by the City.
13. Denial of Application. This section sets forth standards for denial of
applications.
14. Effect on Existing Projects. Projects presently exempt under previous
ordinances continue their exemption.
The ordinance was adopted on April 23 1996, and is effective ten days after
publication.
Copies of the ordinance may be examined and purchased at the City Hall, City of Muskegon, 933
Terrace Street, Muskegon, Michigan, at the office of the Clerk on ordinary business days.
Published April 30 1996
F:\C01YIMON\5\GTJ\C-EXEMPT.NOA 2
Number of Housing Units Downtown (Affordable & Market Rate)
Hartford Terrace Market=O Affordable= 160
Nelson Place Market= 0 Affordable= 101
(10 are 2 bdrm)
Bayview Towers Market=O Affordable= 200
(20 are 2 bdrm)
Amazon Market=21 Affordable= 105
ArtWorks Market=2 Affordable= 26
WaterMark (condos) Market= 53 Affordable = 0
Vida Nova Market=40 Affordable= 0
Jefferson Towers (202 bldg) Market=O Affordable= 156
297 W Clay(condos) Market= 37-40 Affordable= 0
Notes:
202 Building= They get special money in order to keep their rent lower.
297 W Clay = They have combined some of their units, so the Assessor's office
estimates that they are between 37 and 40.
Date: January 9, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Transportation Improvements Program Submittal for:
2008-2011 & Long Range Plan projects
SUMMARY OF REQUEST:
Authorize staff to submit the attached list of projects to the West Michigan Shoreline
Regional Development Commission for inclusion in the FY 2008 - 2011 Transportation
Improvement Program (TIP}. Projects submitted will be considered for Federal and
State transportation funding. Adoption of the attached resolution is required as part of
the submittal to commit the local match should grants become available.
FINANCIAL IMPACT:
None at this time, however, a local match will be required should we receive a grant for a
particular project.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the project submittal and resolution.
COMMITTEE RECOMMENDATION:
Resolution No. 2 0 0 7 - 0 7 ( a)
RESOLUTION FOR AUTHORIZATION TO REQUEST THE WEST MICHIGAN SHORELINE REGIONAL
DEVELOPMENT COMMISSION TO INCLUDE THE CITY'S PROJECTS IN THE 2008-2011
TRANSPORTATION IMPROVEMENT PROGRAM
WHEREAS, the Federal Transit Administration, the Federal Highway Administration and the Federal Aviation
Administration, through the lntermodal Surface Transportation Efficiency Act of 1991 ; Act 51, P.A. 1951; and
various other Federal and State acts, in cooperation with the Michigan Department of Transportation, makes
funding available for local jurisdictions and agencies for transportation improvements projects; and
WHEREAS, the West Michigan Shoreline Regional Development Commission (WMSRDC) is the organization
designated by the Governor as being responsible, together with the state, for carrying out provisions of 23
U.S.C. 134 (Federal Aid Planning Requirements) and the WMSRDC has deferred to the Muskegon Area
Transportation Planning Program's (MATPP's) Policy Committee upon recommendation of the MATPP
Technical Committee all matters of policy and approval related to transportation planning work programs, the
long range transportation plan, and the Transportation Improvement Programs; and
WHEREAS, the WMSRDC is responsible, through the MATPP Advisory Committees (Technical and Policy), for
implementing the federally required "3-C" urban transportation planning process, including the development of
the transportation Improvement Program; and
WHEREAS, the 3-C planning process for Muskegon County has been certified according to the requirements of
25 CFR 450.114(c); and
WHEREAS, the City of Muskegon desires to secure financial assistance from the federal and/or State
government to help defray the cost of the attached proposed transportation projects; and
WHEREAS, the required local match for the requested funding is available [or will be available] and committed
to the proposed projects upon grant approval;
NOW, THEREFORE BE IT RESOLVED that the City of Muskegon requests the West Michigan Shoreline
Regional Development Commission to consider inclusion of the projects in the priority list of Transportation
Improvement Program for the Fiscal Years 2008-2011.
Linda Potter, Acting Clerk
January 9, 2 007
Date
2007-07(a)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on January 9,
2007. 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.L:4,
~ ,A.4- 42Ld£J
L'-"l~ 0:?
c...,___
,
...L(..I...J
~ ~ , _ __
Linda S. Potter, Acting City Clerk
THE CITY'S WISH LIST FOR 2008 • 2011 TIP
(The City does not wish to change the 2008 projects)
Limits
Type of Fund Roadway Name length (ft) From To Year Estimated Cost STP Federal share Local Share Type of Improvements
@80%
2008 Proiects
STP Mcgraft Park 1900 Addison Glenside 2008 $250,000.00 $197,558.00 $52,442.00 Reconstruction
STP Division St. 1200 Laketon Southern 2008 $252,875.00 $202,300.00 $64,000.00 Reconstruction
Sub-total $502,875.00 $399.858.00 $116,442.00
2009 P.roiects
STP Clay 1700 Third Terrace 2009 $400,000.00 $320,000.00 $80,000.00 Reconstruction
STP Park Street 1400 Southern Houston 2009 $300,000.00 $240,000.00 $60,000.00 Reconstruction
STP Home Street 350 Apple N. of Creek 2009 $100,000.00 $80,000.00 $20,000.00 resurfacing
Sub-Total $800,000.00 $640,000.00 $160,000.00
201 o ero1ects
STP Laketon Ave. 1800 Barclay Henry 2010 $475,000.00 $380,000.00 $95,000.00 Reconstruction
STP Getty Street 2000 Marquette Access Hwy 2010 $450,000.00 $360,000.00 $90,0 ••.• 0 Reconstruction
Sub-Total $925,000.00 $740,000.00 $185,000.00
2011 ProLe<:.ts
STP Laketon Ave. 2600 US-31 Barclay 2011 $700,000.00 $560,000.00 $140,000.00 Reconstruction
STP Getty Street 1300 Keating Ave Laketon 2011 $375,000.00 $300,000.00 $75,000.00 Reconstruction
Sub-Total $1,075,000.00 $860,000.00 $215,000.00
Commission Meeting Date: January 9, 2007
Date: December 21, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C1!:f_,,
RE: Lakeside Business Area Plan Endorsement
SUMMARY OF REQUEST:
Request to endorse the Lakeside Area Business Plan, with recommendations.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends endorsing the plan, with the recommendations provided by Planning
Commission.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended endorsing the plan, with specific recommendations, at
their 12/14/06 meeting. The vote was unanimous with B. Smith, T. Michalski, and T. Harryman
absent.
12/21/2006
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
December 14, 2006
EXCERPT
OTHER
Lakeside Plan C. Brubaker-Clarke and J. Fitzpatrick were in attendance to present the Lakeside
Plan and answer any questions. C. Brubaker-Clarke stated that she would like to obtain
Planning Commission support of the plan. Once the plan was in place, it would be possible to
apply for grants to do the work. J. Fitzpatrick stated that parts of the narrative section were taken
from the City's Master Plan and Waterfront Redevelopment Plan, and the Goals section was the
result of meetings with the Lakeside Business Association. B. Larson stated that he would be
opposed to disrupting the newly paved Lakeshore Drive. Other board members agreed that the
traffic islands would be too disruptive, and that a left tum lane would be needed. B. Mazade
stated that the maintenance issues outlined in B. Kuhn's letter should be taken into consideration.
L. Spataro stated that it was a good beginning, but there needed to be a balance between the
innovative designs and the reality of limited resources.
S. Warmington arrived at 4:25 p.m.
C. Brubaker-Clarke stated that they needed the design portion in order to submit grants, but they
would work with other City departments to determine what was feasible. J. Aslakson asked if
the traffic plans would come back to this board for approval. C. Brubaker-Clarke asked that if
the board members had any problems with the plan, to please voice those concerns now. She
didn't think the plan would come back before the Planning Commission, but it would have to be
approved by the City Commission. J. Aslakson stated that he was opposed to the traffic islands,
and would like to see a left tum lane. J. Fitzpatrick stated that an arch would be an alternative
that would not block traffic. There was discussion among staff and board members regarding
the designated beginning and end of the "business district". J. Fitzpatrick stated that the Sidock
Group had recommended a 4-block area between Moon and Estes as the core pedestrian area.
B. Larson asked about parking. L. Spataro asked to hear from two Lakeside business owners
who were present. R. Ghezzi stated that he liked the idea of an arch to designate the business
area, but thought the commercial area should be between Ruddiman Creek and McCracken. He
asked about parking at the boat launch at Lakeshore and McCracken. B. Mazade stated that
people could park there, but it was not paved. R. Ghezzi stated that he would be interested in
having a small hotel in the area also. S. Warmington stated that parking would be an issue.
Also, the Lakeside business owners were a small group, and the improvements would take a
large investment. He wasn't sure they would be able to support that on their own. He liked the
concept, but was also concerned with the elimination of the left turn lane during the busy
summer months. L. Spataro stated that there should be adequate access between the bike path
12/21106 2
and the sidewalks. S. Warmington listed some of the areas in Lakeside that were access points.
L. Spataro suggested that these areas be made more visible.
A motion that the Planning Commission endorse the Lakeside Business Redevelopment Plan in
principal, and concur with the comments of the Public Works director (as listed on page 53 of
the plan), was made by B. Larson, supported by L. Spataro and approved, with S. Warmington
abstaining, since he was a business owner in the affected district.
There being no further business, the meeting was adjourned at 4:55 p.m.
12121/06 3
RESOLUTION NO.-2.Q_Q_J -0 7 ( b )
MUSKEGON CITY CO1\1MISSION
RESOLUTION OF SUPPORT
ENDORSING THE LAKESIDE BUSINESS AREA PLAN
WHEREAS, the City of Muskegon adopted a Master Land Use Plan in June of 1997; and
WHEREAS. The Master Plan discusses the importance of revitalizing the City's commercial
corridors; and
WHEREAS, staff has developed a design plan for the Lakeside Business Dishict in response
to interest shown by business leaders and concerned citizens; and
WHEREAS, a discussion was held by the· Planning Commission on December 14, 2006,
where the Lakeside Business Area Plan was subsequently endorsed, with recommendations
from Bob Kuhn, Director of Public Works listed on page 53 of the Lakeside Business Area
Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Commission also hereby endorses the
Lakeside Business Area Plan, as recommended by Planning Commission.
Adopted this 9th day of January, 2007.
Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter, and Davis
Nayes: None
Absent: None
By ' ____- >
St ~ yo,...-- -
By: duuvJ 0~ , ~
Linda S. Potter, CMC, Adting City Clerk
Lakeside Business Area Plan Endorsement
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on January 9,
2007. The meeting was properly held and notices pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976
CITY OF MUSKEGON
Linda S. Potter, CMC
Acting City Clerk
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