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CITY OF MUSKEGON CITY COMMISSION MEETING JANUARY 23, 2007 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA • CALL TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: • ROLL CALL: • HONORS AND AWARDS: • INTRODUCTIONS/PRESENTATION: • CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Liquor License Transfer - 435-441 W. Western. CITY CLERK C. Liquor License Transfer • 555 W. Western. CITY CLERK D. Traffic Department Materials and Services 2007. PUBLIC WORKS E. Budgeted Vehicle Replacement. PUBLIC WORKS F. Acceptance of Lakefront Drive and Extension of Terrace Street into the City's Street System. ENGINEERING G. Grant Applications for Transportation Economic Development Fund Category F and Congestion Mitigation Air Quality. ENGINEERING H. Agreementfor Engineering Services. ENGINEERING I. Zoning Ordinance Amendment - Zoning Board of Appeals Newspaper Public Notice. PLANNING & ECONOMIC DEVELOPMENT • PUBLIC HEARINGS: A. Request to Establish an Obsolete Property District - Sen Peevo, LLC. PLANNING & ECONOMIC DEVELOPMENT B. Request to Issue an Obsolete Property Certificate - Sen Peevo, LLC. PLANNING & ECONOMIC DEVELOPMEi'H C. Spreading of the Special Assessment Roll for Lakeshore Drive, McCracken to 145' Northeasterly of Vanderlinde Street. ENGINEERING D. Spreading of the Special Assessment Roll for Montgomery Street, Laketon to Southern. ENGINEERING o COMMUNICATIONS: o CITY MANAGER'S REPORT: o UNFINISHED BUSINESS: o NEW BUSINESS: A. Special Assessment District for Knollwood Cl. ENGINEERING B. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 1145 Aurora (garage) 1614 Elwood (garage) - Area 13 244 Monroe - Area 10 758 Orchard - Area 11 C. Special Event Request- Jaycee's Snowiest. LEISURE SERVICES o ANY OTHER BUSINESS: o PUBLIC PARTICIPATION: • Reminder: Individuals who would like to address the City Commission shall do the following: • Fill out a request to speak form attached to the agenda or located in the back of the room. • Submit the form to the City Clerk. • Be recognized by the Chair. • Step forward to the microphone. • State name and address. • limit of 3 minutes to address the Commission. • (Speaker representing a group may be al!owed l Ominutes if previously registered with City Clerk.) o ADJOURNMENT: ADA POLICY: THE CITY OF MUS!<EG0N WILL PROVIDE NECESSARY AUXILIARY A!DS 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 CJTY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. .' Date: January 23, 2007 To: Honorable Mayor and City Commissioners From: City Clerk RE: Approval of Minutes th SUMMARY OF REQUEST: To approve minutes for the January 8 Commission Worksession, and the January 9th Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JANUARY 23, 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 23, 2007, Mayor Warmington opened the meeting with a prayer from Pastor Penny Johnson from Oak Crest Church of God 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 Wierenga, Chris Carter, Kevin Davis, and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and Acting City Clerk Linda Potter. 2007-08 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes for the January 8th Commission Worksession, and the January 9th Regular Commission Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Liquor License Transfer -435-441 W. Western. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from D & L of Michigan, LLC, to transfer ownership of the 2006 Class C Licensed Business with Dance Permit located in escrow at 3621 Getty, Norton Shores, from North-Saylor, Inc.; transfer location to 435-441 W. Western; cancel existing Outdoor Service; request a New SDM License to be held in conjunction; and request a New Entertainment Permit and New Outdoor Service. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval, contingent upon final inspection. C. Liquor License Transfer - 555 W. Western. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from Ingalls Business Acquisition, Inc., to transfer ownership of the 2006 Class C-SDM Licensed Business with Dance Permit and Outdoor Service located at 555 W. Western from James Adolph Dinger. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval. D. Traffic Department Materials and Services 2007. PUBLIC WORKS SUMMARY OF REQUEST: Annual contract with the Muskegon County Road Commission (MCRC) for the joint purchase of various Traffic Department materials and services. We have bid out these items with MCRC for the past l 7 years. By bidding together with MCRC and other municipalities, we are able to get better unit prices because of larger quantity purchases. FINANCIAL IMPACT: Sign materials and services to be jointly bid: Sign blanks - $1,200 est. Sign posts - $1,600 est. Sign sheeting - $2,000 est. Ready Made Signs - $5,000 est. Centerline painting - $15,000 est. BUDGET ACTION REQUIRED: None, this item is requested each year in the appropriate Highway budgets. STAFF RECOMMENDATION: Approve the continued joint purchasing with the Muskegon County Road Commission for sign materials and services. F. Acceptance of Lakefront Drive and Extension of Terrace Street into the City's Street System. ENGINEERING SUMMARY OF REQUEST: Adopt the resolution, including exhibits A & B (drawing and descriptions respectively), accepting Lakefront Drive and the extension of Terrace Street between Shoreline Drive and Lakefront Drive into the City's street system. Furthermore, it is requested that the street name of Lakefront Drive be changed to Viridian Drive as has been used since the road opened to traffic. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Adopt the resolution. G. Grant Applications for Transportation Economic Development Fund Category F and Congestion Mitigation Air Quality. ENGINEERING SUMMARY OF REQUEST: Authorize staff, by adopting the resolutions, to submit the following: 1. A Transportation Economic Development Fund Category - F Grant application requesting funds for the milling and resurfacing of Quarterline from the City limits northerly to Marquette in 2008 and the reconstruction of Getty Street from Laketon to Evanston in 2009. 2. A 2007 CMAQ application for a signal installation at Marquette and Harvey/Broadmoor, traffic signals timing upgrades along the Laketon Avenue corridor (5-signals). And a similar application for signals upgrade along Sherman and various other locations in 2008. The signal upgrade will include LED lights. FINANCIAL IMPACT: A local share of 20% will be required for all projects. BUDGET ACTION REQUIRED: Amend the 2007 capital improvement budget to include the signal installation at Marquette & Harvey/Broadmoor for a $75,000 cost and signals upgrade along Laketon for an estimated cost of $250,000 for construction of which only the engineering cost will use City funds. The engineering cost is estimated at $30,000 and would come out of both major and local street funds. The signal upgrade project will have a maximum of three years payback due to the energy saving. STAFF RECOMMENDATIO_N: Adopt the resolutions and authorize staff to submit the grant applications. H. Agreement for Engineering Services. ENGINEERING SUMMARY OF REQUEST: Authorize staff to enter into an engineering services agreement with Albert R. Posthuma, a retired professional engineer, to provide assistance to the Engineering Department in the analysis and design for the Clay Hill Area. This short-term contract, if approved, will provide the City with the best of both worlds, having an experienced local engineer without having to pay for the overhead of an engineering firm. Furthermore, it is respectfully requested that staff be authorized to extend and/or terminate said agreement to best serve the City. FINANCIAL IMPACT: Approximately $10,500 based on an estimated 140-hours of work. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To authorize staff to enter into an agreement with Mr. Posthuma. I. Zoning Ordinance Amendment - Zoning Board of Appeals Newspaper Public Notice. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend Section 2504 (Hearings, Notices, and Adjournments, # 1) of Article XXV (Zoning Board of Appeals) regarding newspaper public notice for Zoning Board of Appeals public hearings. STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to amend the language regarding newspaper notice of Zoning Board of Appeals public hearings. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their January 11 th meeting. The vote was unanimous with T. Harryman, and J. Aslakson absent. Motion by Commissioner Carter, second by Commissioner Shepherd to approve the Consent Agenda as read minus item E. ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES 2007-09 ITEM REMOVED FROM THE CONSENT AGENDA: E. Budgeted Vehicle Replacement. PUBLIC WORKS SUMMARY OF REQUEST: Authorize staff to purchase six 2007 Crown Victoria's through the Macomb County Purchasing Contract since it was the lowest responsible bid received for a total bid of $123,582. FINANCIAL IMPACT: $123,582 BUDGET ACTION REQUIRED: None, $150,000 was budgeted for this purchase. STAFF RECOMMENDATION: Authorize staff to purchase the vehicles using the Macomb County Purchasing Contract. Motion by Commissioner Spataro, second by Commissioner Carter to approve the vehicle replacement using the local preference and award to Tony Betten & Sons. ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES 2007-10 PUBLIC HEARINGS: A. Request to Establish an Obsolete Property District - Sen Peeve, LLC. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Sen Peevo, LLC, PO Box 1681, Muskegon, Michigan, has requested the establishment of an Obsolete Property District. The district would be located at 902 Pine Street, Muskegon, Ml, the former Pine Street Antique Mall. Total capital investment for this project is $1 .3 million. The project will result in the creation of several new jobs in the City. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete Property District for 902 Pine Street, Muskegon, Ml. The Public Hearing opened at 5:42 p.m. to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Carter, second by Commissioner Davis to close the Public Hearing at 5:44 p.m. and approve the request to establish an Obsolete Property District for Sen Peevo, LLC. ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None MOTION PASSES B. Request to Issue an Obsolete Property Certificate - Sen Peevo, LLC. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Sen Peevo, LLC, PO Box 1681, Muskegon, Michigan, has requested the issuance of an Obsolete Property Certificate for the property localed at 902 Pine Street (former Pine Street Antique Mall), Muskegon, Ml. The building is presently unoccupied, but will be rehabilitated for use as the Muskegon Brewing Company & Distilling Company, a restaurant/brew pub on the first floor of the building and residential on the second floor of the building. Total capital investment for this project is $ l .3 million. The project will result in bringing several new jobs to the City of Muskegon. Because of the amount of investment, the applicant is eligible for a 12-year certificate. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete Property Certificate for 902 Pine Street, Muskegon, Ml for a term of 12 years. The Public Hearing opened at 5:45 p.m. to hear and consider any comments from the public. Ed Simmons, 973 W. Forest, asked what an Obsolete Property Certificate is. City Manager Bryon Mazade explained. Motion by Commissioner Spataro, second by Vice Mayor Gawron to Close the Public Hearing at 5:47 p.m. and approve the request to issue an Obsolete Property Certificate to Sen Peeve, LLC. ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Carter Nays: None MOTION PASSES C. Spreading of the Special Assessment Roll for Lakeshore Drive, McCracken to 145' Northeasterly of Vanderlinde Street. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Lakeshore Drive from McCracken Street to 145' northeasterly of Vanderlinde Street, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $ l 04, 120.38 would be spread against the 66 parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing opened at 5:48 p.m. to hear and consider any comments from the public. No public comments were made. Mayor Warmington excused himself due to a conflict of interest. Motion by Commissioner Carter, second by Commissioner Spataro to Close the Public Hearing at 5:50 p.m. and approve the spreading of the special assessment roll for Lakeshore Drive, McCracken to 145' northeasterly of Vanderlinde. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Carter, and Davis Nays: None Abstain: Warmington MOTION PASSES D. Spreading of the Special Assessment Roll for Montgomery Street, Laketon to Southern. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Montgomery Street from Laketon A venue to Southern A venue and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $90,964.99 would be spread against the 50 parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing opened at 5:51 to hear and consider any comments from the public. Hillary Joslin, 1337 Montgomery, asked about the cost. Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the Public Hearing at 5:54 p.m. and spread the special assessment roll for Montgomery Street, Laketon to Southern. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, and Gawron Nays: None MOTION PASSES 2007-11 CITY MANAGER'S REPORT: City Manager Bryon Mazade introduced Dwana Thompson, the new Affirmative Action/Risk Manager Director. 2007-12 NEWBUSINESS: A. Special Assessment District for Knollwood Ct. ENGINEERING SUMMARY OF REQUEST: Assign two City Commissioners to evaluate the creation of a benefit based special assessment district on Knollwood Ct. from Beach Street to the southerly end rather than a frontage one. Due to the unusual circumstances prompted by the lots configuration along Knollwood, the County's Equalization Office feels that the benefits gained by the abutting lots is equal among all 13 parcels and therefore should not be frontage based as called for in the special assessment policy. A benefit based assessment district, if approved, will result in an assessment amount exceeding that of a frontage based one against some of the 13 lots within the proposed district. The two assigned Commissioners would form a board along with the City's Assessor as called for in Chapter XIII, Sec. 7 of the City's Charter. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Appoint two City Commissioners to the board. Motion by Commissioner Carter, second by Commissioner Davis to approve the appointment of two City Commissioners to the board. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and Shepherd Nays: None MOTION PASSES Mayor Warmington appointed Commissioner Davis and Commissioner Wierengo to the board B. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 1145 Aurora (garage) 1614 Elwood (garage) - Area 13 244 Monroe - Area 10 758 Orchard - Area 11 SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the above structures are unsafe, substandard, public nuisances and that they be demolished within 30 days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: General Funds BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with the Housing Board of Appeals notice and order to demolish 1614 Elwood (garage only) and 244 Monroe. ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES Motion by Commissioner Spataro, second by Commissioner Carter to concur with the Housing Board of Appeals notice and order to demolish 1145 Aurora (garage only). ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, and Warmington Nays: Wierengo and Davis MOTION PASSES Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with the Housing Board of Appeals notice and order to demolish 758 Orchard. ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and Wierenga Nays: None MOTION PASSES C. Special Event Request - Jaycee's Snowfest. LEISURE SERVICES Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the Special Event Request for Jaycee's Snowfest. ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga, and Carter Nays: None MOTION PASSES ANY OTHER BUSINESS: Commission discussed various items. PUBLIC PARTICIPATION: Various comments were heard from the public. ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p .m . Respectfully submitted, Ann Marie Becker, MMC City C lerk Date: January 23, 2007 To: Honorable Mayor and City Commissioners From: City Clerk RE: Liquor License Transfer 435-441 W. Western SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from D & L of Michigan, LLC to transfer ownership of the 2006 Class C Licensed Business with Dance Permit located in escrow at 3621 Getty, Norton Shores, from North- Saylor, Inc.; transfer location to 435-441 W. Western; cancel existing Outdoor Service; request a New SOM License to be held in conjunction; and request a New Entertainment Permit and New Outdoor Service. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: 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 January 17, 2007 To: City Commission tln·ough the City Manager From: ~L , I ~ ny L. Kleibecker, Director of Public Safety Re: Liquor License Request - 435-441 W. Western Ave. Transfer of2006 Class-C Licensed Business The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant D&L of Michigan, LLC. that is represented by Lacy G. Jones of245 Eastern Ave. SE, Grand Rapids, MI. 49503. D&L of Michigan, LLC is requesting to transfer ownership of2006 Class C licensed business with Dance Pe1mit, located in escrow at 3621 Getty, No1ton Shores, MI. 49444 from North-Saylor, Inc.; Transfer location to 435-441 W. Western, Muskegon, MI. 49440; cancel existing Outdoor Service (1 Area); requests a New SOM License to be held in conjunction; and request a New Ente1tainment Permit and New Outdoor Service (1 Area). Mr. Lacy Jones is currently employed by the State of Michigan Corrections Depaitment. He has been made aware of the Muskegon Police Departments 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 A EIVED JAN 1 7 2007 MUSKEGON POLICE DEPT CHIEF of POLICE . To: Tony Kleibecker, Director of Public Safety From: Det. Kurt Dykman Date: 01-17-07 Re: Liquor License Transfer ChiefK!eibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant D&L of Michigan, LLC. D&L of Michigan, LLC is represented by Lacy G. Jones of245 Eastern Ave. SE, Grand Rapids, MI. 49503. D&L of Michigan, LLC is requesting to transfer ownership of 2006 Class C licensed business with Dance Permit, located in escrow at 3621 Getty, Norton Shores, Ml. 49444 from No1ih-Saylor, Inc.; Transfer location to 435-441 W. Western, Muskegon, MI. 49440; cancel existing Outdoor Service(] Area); requests a New SDM License to be held in conjunction; and request a New Entertainment Permit and New Outdoor Service (] Area). Mr. Lacy Jones is currently employed by the State of Michigan Corrections Department. He has been made aware of the Muskegon Police Depmiments position on enforcing local alcohol laws and ordinances. A check ofMPD records and Criminal History showed no reason to deny this request. Respectfully submitted, data/common/liquor/D&L (Jones) I Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Request ID# 380192 Lansing, Michigan 48909-7505 Business ID# 183774 LOCAL APPROVAL NOTICE [Authorized by MCL 436.1501) November 15, 2006 TO: MUSKEGON CITY COMMISSION 933 TERRACE STREET PO BOX 536 MUSKEGON, Ml 49443-0536 APPLICANT: D & L OF MICHIGAN, LLC Home Address and Telephone No. or Contact Address and Telephone No.: LACY G. JONES, 245 EASTERN, SE, GRAND RAPIDS, Ml 49503-4734 H(616)308-9676/B(231 )773-9200 The MLCC cannot consider the approval of an application for a new or transfer of an on-premises license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501 of the Liquor Control Code of 1998. For your information, local legislative body approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor Control Code of 1998. For your convenience a resolution form is enclosed that includes a description of the licensing application requiring consideration of the local legislative body. The clerk should complete the resolution certifying that your decision of approval or disapproval of the application was made at an official meeting. Please return the completed resolution to the MLCC as soon as possible. If you have any questions, please contact the On-Premises Section of the Licensing Division as (517) 636-4634. PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS sfs I Michigan Department of Labor & Economic Grow .. , MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Lansing, Michigan 48909-7505 LOCAL GOVERNMENT 15-DAY NOTICE [Authorized by R 436.1105 (2d) and (3)1 November 15, 2006 MUSKEGON ClTY COMMISSION 933 TERRACE STREET PO BOX536 MUSKEGON, MI 49443-0536 Request 1D #:380192 The Michigan Liquor Control Commission has received an application from D & L OF MICHIGAN, LLC FOR A NEW SDM LICENSE TO BE HELD IN CONJUNCTION WITH PENDING REQUEST TO TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 3621 GETTY, NORTON SHORES, MI 49444, PO: MUSKEGON, MUSKEGON COUNTY, FROM NORTH- SAYLOR, INC.; AND TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 ,43:S' W. WESTERN, MUSKEGON, MI 49440, MUSKEGON COUNTY. Home address and telephone number: LACY G. JONES, 245 EASTERN, SE, GRAND RAPIDS, MI 49503-4734 H(6 l 6)308-9676/B(231 )773-9200 Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only. For your information, part of the investigation of the application is conducted by the local law enforcement agency and investigative forms will be released to them either in person or by mail. Although local governing body approval is not required by the Michigan Liquor Control Code, Rules and Related Laws for off-premise licenses, the local governing body, or its designee, may notify the Commission at the above address within 15 days of receipt of this letter if the applicant location will not be in compliance with all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is considered ineligible due to other factors. All conditions of non-compliance must be outlined in detail, indicating the applicable laws and ordinances. A copy of the law and/or ordinance may be submitted with the notification. If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers & Wholesalers) at (517) 322-1400. sfs LC-3104(Rev. 09/05) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age, Authority: R436.1105(2d) and (3) national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans Completion: Mandatory wllh Disabililies Act, you may make your needs known to this agency. Penalt . No License Request ID# 380192 2007-0B(b) RESOLUTION At a _ _ _R_e_g~u_l_a_r_ _ _ _ _ _ _ meeting of the City Commission (Regular or Special) (Township Board, City or Village Council) called to order by Mayor Warmington on January 23, 2007 at 5: 30 P.M. The following resolution was offered: Moved by Commissioner Carter and supported by Commissioner Shepherd That the request to TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH DANCE PERMIT, LOCATED IN ESCROW AT 3621 GETTY, NORTON SHORES, Ml 49444, PO: MUSKEGON, MUSKEGON COUNTY, FROM NORTH-SAYLOR, INC. TOD & L OF MICHIGAN, LLC; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY; AND REQUEST A NEW ENTERTAINMENT PERMIT. (I-DOf2-'LS -s IS L/3, :S r lfl/1 ?u . w i:Sizl:rl.) . be considered for _ _ _ _ _ _A_p_p_r_o_v_a_l_c_o_n_t_i_n_g_e_n_t_u_p_o_n_f_i_n_a_l_i_n_s_p_e_c_t_i_o_n_._ (Approval or Disapproval) APPROVAL DISAPPROVAL Yeas: _ _7_ _ _ _ _ _ __ Yeas: _ _ _ _ _ _ _ _ __ Nays: _ _O_ _ _ _ _ _ __ Nays: _ _ _ _ _ _ _ _ __ Absent: 0 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 Cit Y Commission at a _R_e~g_u_l_a_r_ _ _ _ _ _ _ _ __ (Township Board, City or Village Council) (Regular or Special) meeting held on January 2 3, 2007. (Date) (Signed) ~~ (Township, City or Village Clerk) $th/L SEAL 933 Terrace, Muskegon, MI 49440 Mailin address of Townshi , Cit or Villa e LC-1305 (R ev. 08/2006) The Oepartmenl of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, re ligion, age, Aulhority: MCL 436.1501 national origin, color, marital status, disability, or political beliefs. tr you need help with reading, writing, hearing, etc., under the Americans Completion: Mandatory with Disabilities Act, you may make your needs known to lhis agency. Penal! . No License · Michig( 9partment of Labor & Economic Growth ( FOR MLCC USE ONLY MICHIGAN La"'<uOR CONTROL COMMISSION (MLC'--, 7150 Harris Drive, P.O. Box 30005 Request ID# 380192 Lansing, Michigan 48909-7505 Business ID# 183774 POLICE INVESTIGATION REPORT [Authorized by MCL 436.1217 and R 436.1 105; 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: D & L OF MICHIGAN, LLC REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH DANCE PERMIT, LOCATED IN ESCROW AT 3621 GETTY, NORTON SHORES, Ml 49444, PO: MUSKEGON, MUSKEGON COUNTY, FROM NORTH-SAYLOR, INC.; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY; CANCEL EXISTING OUTDOOR SERVICE (1 AREA); REQUESTS A NEW SOM LICENSE TO BE HELD IN CONJUNCTION; AND REQUESTS A NEW ENTERTAINMENT PERMIT AND NEW OUTDOOR SERVICE (1 AREA). ADD r2 t&..S J.S L/3'5 --t l/Lf I W, (,,\) z: s. TU?.AJ, I Section 1. APPLICANT INFORMATION APPLICANT #1: APPLICANT #2: LACY G. JONES - MEMBER 245 f.ASTERN, SE GRAND RAPIDS, Ml 49503-4734 H(61n)308-9676/B(231 )773-9200 j DATE, FINGERPRINTED: / - 1.,/- () 7 DATE FINGERPRINTED: j DATt: OF BIRTH: 7-;- TL. 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? D Yes D No* D Yes No* • *Does the applicant have a Visa? Enter status: *Does the applicant have a Visa? Enter status: **Attach the finqerprint card and $30.00 for each card and mail to the Michiqan Liquor Control Commission** I ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O 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? IDJo D Yes, explain relationship: I Section 3. LOCAL AND STATE CODES AND ORDINANCES, AND GENERAL RECOMMENDATIONS Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, if this license is granted? ~es D 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? pa Yes D No 2. Is the proposed location satisfactory for this business? ~ Yes D No 3. Should the Commission grant this request? ,KL 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) 'lt ~ L . /~ / - )7-07 Signre (-&Aefi#-ef Chief of Police) Date MUSKEGON POLICE DEPARTMENT LC-1800 (Rev. 07/06) The Department of Labor & Economic Grow1h will not discriminate against any individual or group because of race, sex. religion, age, Aulhority: MCL 436.1217 and R 436.1105; MAC national origin. color, marital status. disability, or political beliefs. If you need help with reading, wriling, hearing, etc., under the·Americans Completion: Mandatory with Disabilities Act, you may make your needs known to this agency. Penall : No License 3?Ju/9.;;) Michigan Department of Labor & Economic Growth /2-7~a.0 MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Vl11I Lansing, Michigan 48909-7505 POLICE INVESTIGATION REQUEST [Authorized by MCL 436.1201(4)] November 15, 2006 MUSKEGON POLICE DEPARTMENT CHIEF OF POLICE 980 JEFFERSON STREET, PO BOX 536 MUSKEGON, Ml 49443-0536 Request ID#: 380192 Applicant: D & L OF MICHIGAN, LLC REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH DANCE PERMIT, LOCATED IN ESCROW AT 3621 GETTY, NORTON SHORES, Ml 49444, PO: MUSKEGON, MUSKEGON COUNTY, FROM NORTH-SAYLOR, INC.; TRANSFER LOCA•ION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY; CANCEL EXISTING OUTDOOR SERVICE (1 AREA); REQUESTS A NEW SOM LICENSE TO BE HELD IN CONJUNCTION; AND REQUESTS A NEW ENTERTAINMENT PERMIT AND NEW OUTDOOR SERVICE (1 AREA). ADD/ct:S S IS Lf3 S -4'-I I LU, t,Z,'{;STcR.l'-1. Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back. Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor Control Commission. If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers & Wholesalers) at (517) 322-1400. sfs LC-1972(Rev. 09/05) The Department of labor & Economic Growth will not discriminate against any indivldual 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 wilh reading, writing, hearing, etc., under the Americans Completion: Mandatory Penallv: No License I with Disabilities Act, you may make your needs known to this agency. Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Request ID# 3-<>8ce0cc19,,,2=--- Lansing, Michigan 48909-7505 Business ID# 183774 LAW ENFORCEMENT RECOMMENDATION [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403] 12-7 -u C, November 15, 2006 TO: Re: D & L OF MICHIGAN, 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: 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 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 [8'J Recommended D Recommended, subject to final inspection D Not Recommended ~ ENTERTAINMENT PERMIT 119- 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 November 15, 2006 [2J OUTDOOR SERVICE ~ Recommended D Recommended, subject to final inspection D Not Recommended • PARTICIPATION PERM IT D Recommended D Recommended, subject to final inspection D Not Recomm ended • ADDITIONAL BAR PERMIT D Recommended D Recommended, subject to final inspection D Not Recommended • OTHER D Recommended D Recommended, subject to final inspection D Not Recommended ' Signed: --t... ff L . l ~ Signature and Title / ~ -r' Ny L ,, I -<. Lt..; U\ C: <U c._...;: '-, 1-<.1 Print Name and Title I /J, A-i£ c:..'To ,-... 0 ~ BI) c... t c:_ MUSKEGON POLICE DEPARTMENT Date: - -1- )7-tJJ - -- - - - -- ~ - - - - - -- - LC-1636 (Rev. 0812006) The Department of Labor & Economic Grow1h will not discriminate against any individual or group because of race, sex, religion, age, Aulhority: MCL 436.1916, R 436.1105(2)(d) and national origin, color, marital status, disability, or political beliefs. Ir you need help with reading, writing, hearing, etc., under lhe Americans R436.1403 · with Disabilities Act, you may make your needs known to this agency. Completion: Mandalory Penally: No License and/or Permit LIQUOR LICENSE REVIE\V FORl,1 Business Name: _ __,_l)~J.....__.,/._·. .o'--'f_....,.,m.J-4.l..r . ·c ..../2.....,b~·9'....,.q._._<'3-'-1'·-·-l-i~C_ _ _ __ .... AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: !.. a ~ {i. Jones Business Address: 1 Reason for Review: · New License ftJ ~ransfer of Ownership )ti Dance Permit D Drop/Add Name on License D Transfer Location - • Drop/Add Stockholder Name D New Entertainment Permit D Other ------------------------------ Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __ P.ublic Safety • Approved 15<1' Denied D No Action Needed D Income Tax Approved D Owing D Amount: Treasurer ·Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA • Clerk's Approved D Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D . Department Signature )(_ .~ L .. l ~ Please return to the City Clerk's Office Gail A. Kundinger, . Liquor License Coordinator LIQUOR LICENSE REVIE\V FORl\1 Business Name: _ _....../)--"-J.........l...__~O_,_f__,/71'-'-'-'-1"'""-·c,_,_/2?-<.,.,;;--9'.""""'q0:...,,,,;--··.......,!/;..........,...L;__;:C;;.___ __ AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: !.. a ~ G- Jones Business Address: 1/YI 1-: 1/.J-5< If/. lt/e.s f-t'C/7 Z22us%~eo/l/ ml Reason for Review: ' .. New License [tl ~ransfer of Ownership ~ Dance Permit D Drop/Add Name on License D Transfer Location - • Drop/Add Stockholder Name D New Entertainment Permit D Other ---------"------------------ Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __ Public Safety Approve,d ~ e n i e d 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 FORJ\{ AXED RECEIVED • DEC I l l'.006 Busl· ness Name·. _ _/j - ____ , _...!l,.____a-· ti- J_,,_,_rYJ - . . . ·. . . . .1.....,,'_._____.,.__........,_.. ,WtC0J,S<qO . 7 . LL JJ'---'u...J /- .1 rrrrr:l"En ---- r: C/ en , ur ,,, ,. .. AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: La ~ {i. Jones Business Address: 7 Reason for Review: New License flJ ~ransfer of Ownership )211 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: ~u!J>) Treasurer r ·Approved D Owing cg/ Amount: 5~c I r -E- .4TT ~ r Zoning Approved D Denied D Pending ZBA • Clerk's Approved D Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D - _~v . Department Signature_4____ ~ _~. . .1.....,1/- ' ~,,_j_cJG_ _ _ _ _ _ _ _ _ _ _ _ __ Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator LIQUOR LICENSE REVIE\V FORl\1 AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: L. a ? 6- Jones Business Address: 7 Reason for Review: • New License lt1) ~ransfer Of Ownership ~ Dance Permit D Drop/Add Name on License D Transfer Location tJ 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'Ji(] Denied D Pending ZBA • Clerk's Approved D Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D Department Signature-lr-_'.....f.J-~=.i...~a::;__---::i,....i.::i..,:~- .::::.....- - - - - - - - - Please return to the City Clerk's Office Gail A. Kundinger, . Liquor License Coordinator LIQUOR LICENSE REVIE\V FORl,t AKA Business Name (if applicable): _ _ _ _ _ _ _ _ __ _ _ _ __ Operator/Manager's Name: !.. a ~ /2. :Jones Business Address: 1 Reason for Review: · ?' . New License fr) ~ransfer of Ownership )Zl 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 • Clerk's Approved D Owing D Amount: · Fire/Inspections Approved C( Denied • Remaining Defects • tZFJ?/'dU-~ bax-.,,(__ / J / /4- /&e_-f- · i--f- C( rl -:t=...u..rca<~"'> ' /ou I,. :.-v ,:a .,,{ AV"-/2 ~A .5'G l:..cto f,:..,,:.{_ ,?vi6-·(!_ t?/,,,erd · 6y :::z:;.,,.;.:.5P¥/S ,r<..C/ie..w/:J Cov-f- .,.c1e_-(-..,,.s /Jor (C /t--./- l(L// /4J . Lv) W --/e-rA.J Department Signature ~v ~~L Please return to the City Clerk's O f ~ Gail A. Kundinger, . . Liquor License Coordinator ,❖IU•il·S33#fiiiW#i➔U#riifili®fli❖i,iiiluhU·R·iiM4:i3¥·1i'!ib@Hii'Emi1•,M@-i,i@ti•liM1143'1M1@1 1 i4+1Ui@M·GI¾ WEST MICHIGAN CORPORATE CKS 744810/2724 71263 ~ WEST MICIDGAN CREDIT UNION 1319 Front St NW ~..? "--~ Grand Rapids, MI 49504 (616) 451-4567 VOID AFTER 90 DAYS 01/04/07 $*****250.00 Memo: LACY G. JONES TWO HUNDRED·FIFTY & 00/100********************************************** PAY TO THE ORDER OF CITY OF MUSKEGON ~4:L 11 1 0000 7 l. 2 i::, :ln' 1: 2 7 2 t,8 l.001,1: l.000 "l "l "l 7 50080 ?n• 1 ['- D .-'I ['- D .::r- () rrI Sa, " [, ~,. tt'~ ! IA file., t, 0YIs~~ rn " '°.::r- Postage $ D Certmed Fee D D Return Reca!pt Fee {Endorsement Required) D Restricted Delivary Fee D (Endorsement Required) .-'I D Total Postage & Fees $ ~ =,=n,=o--C'G<.-.+~-.~«.~"J--,O-r-~---,.,-_-/✓~.,-------, r- Street,Apt. No~·--··· ~--'--"=.;...:;::...;oc.,.c...._ _ __ or PO Box No. Oliy, S t a t e , Z I P + 4 ; - - - - - - - - - - - - - - - - - - SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete A. Signature !ten\ 4 if Restricted Delivery Is desired. D Agent • Print your name and address on the-reverse X D Addressee so that we can return the card to you. B. Receive C. Date of Oe!lvery • Attach this card to the back CH the mc1.i1plece, or on the front if space permits. D Yes 1. Article Addressed to: • No Liquor Control Commission 7150 Harris POST OfFICf: SOX 30026 PO Box 30005 3. Service Type Lansing, MI 48909-7505 )1 Certlfled Mall D Express Mall D Registered D Return Receipt for Merchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (EKtra Fee) • Yes 2. Afticle Number (Transfer from 7006 0100 0004 8340 7107 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Affinnativc Action (231 )724-6703 FAX (231)722- 1214 Assessor (231 )724-6708 FAX (231)726-5181 Cemetery (231)724-67 83 FAX (231 )726-5617 City Manager (231 )724-6724 FAX (231)722-1214 Civil Service (231 )724-6716 FAX (231 )724-4405 Clerk (231 )724-6705 FAX (231 )724-4178 January 24, 2007 Comm. & Neigh. Services (231 )724-6717 FAX (231 )726-250 I 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 #380192 (231 )724-6792 D & L of Michigan, LLC FAX (231 )724-6985 435 & 441 W. Western Income Tax Muskegon, MI 49440 (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 card and check Inspection Services for D & L of Michigan, LLC. This was recommended for approval contingent (231 )724-6715 FAX (231)728-4371 upon final inspection by the City Commission at their January 23, 2007, City Leisure Services Commission Meeting. (231 )724-6704 FAX (231)724-1196 Please do not hesitate to call me at (23 I) 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 Pol ice Department Linda Potter (231)724-6750 FAX (231 )722-5140 Acting Clerk Public Works (23 I )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: //-W'tvw.shorelineci ty.com January 18, 2007 Commissioner Spataro, President Nelson Neighborhood Assoc. 1567 Sixth Muskegon, MI 49441 Dear Larry: We have received letters from the Liquor Control Commission reference two liquor license transfer requests. As you will see in your agenda packet, they are for 555 W. Western (transfer of ownership), and 435-441 W. Western (transfer from Notion Shores). On Tuesday, January 23, 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. If you have any questions, please feel free to contact me at 724-6705. Sincerely, Linda Potter Deputy Clerk January 18, 2006 Mr. Lacy G. Jones 245 Eastern, SE Grand Rapids, MI 49503-4734 Dear Mr. Jones: This letter is to inforn1 you that your liquor license request for 435 and 441 W. Western Avenue will be presented to the City Commission on January 23, 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 Nelson 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 cc: Attorney James Stariha Date: January 23, 2007 To: Honorable Mayor and City Commissioners From: City Clerk RE: Liquor License Transfer 555 W. Western SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from Ingalls Business Acquisition, Inc. to transfer ownership of the 2006 Class C-SDM Licensed Business with Dance Permit and Outdoor Service located at 555 W. Western from James Adolph Dinger. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. Request ID# 380200 2007-0B(c) RESOLUTION At a _ _ _R_e_g=---u_l_a_r________ meeting of the City Cammi ss ion (Regular or Special) (Township Board, City or Village Council) called to order by Mayor Warmington on January 23, 2007 at 5: 30 P.M. The following resolution was offered: Moved by Commissioner Carter and supported by Commissioner Shepherd That the request to TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 555 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY, FROM JAMES ADOLPH DINGER TO INGALLS BUSINESS ACQUISITION, INC. be considered for _______A_p_p_r_o_v_a_l_____________________ (Approval or Disapproval) APPROVAL DISAPPROVAL Yeas: ___ 7 _ _ _ _ _ _ _ __ Yeas: ___________ Nays: _ _o ________ Nays: ___________ Absent: __o________ Absent: _ _ _ _ _ _ _ __ It is the consensus of this legislative body that the application be: - - - - - - - - -Recommended - - - - - - - - - - - - - - - - - - - - - - - - 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 Cammi s s ion at a _____R_e_g_u_l_a_r_ _ _ _ _ __ (Township Board, City or Village Council) (Regular or Special) meeting held on January 23, 2007 (Date) (Signed) ~ (Township, City or Village Clerk) /J(/;;;_ SEAL 933 Terrace, Muskegon, MI 49440 (Mailing address of Township, City or Village) LC-1305 (Rev. 08/2006) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age, Authority: MCL 436. 1501 national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans Completion: Mandatory with Disabilities Act, you may make your needs known to !his agency. Penall : No License 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 January 17, 2007 To: City Commission through the City Manager From: ~ L . l~ t ny L. Kleibecker, Director of Public Safety Re: Liquor License Request - 555 W. Western Ave. Transfer of 2006 Class C- SDM Licensed Business The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant William L. Ingalls who represents Ingalls Business Acquisition, Inc. of Muskegon, MI. Mr. Ingalls resides at 3736 South Baker Street, Muskegon, MI. 49444. Ingalls Business Acquisition, Inc. is requesting to transfer ownership of2006 Class C-SDM licensed business with Dance Permit and Outdoor Service (1 Area), located at 555 W. Western, Muskegon, MI. 49440 from James Adolph Dinger, the current owner. Mr. Ingalls has had no experience in the alcohol service industry but has been made aware of the Muskegon Police Departments 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 R r.·v I D JAN 1 7 2007 IVIUSf(EGON POLICE DEPT. CHIEF of POUGE To: Tony Kleibecker, Director of Public Safety From: Det. Kurt Dykman Date: 01-17-07 Re: Liquor License Transfer ChiefKleibecker, The Muskegon Police Deparhnent has received a request from the Michigan Liquor Control Commission for an investigation from applicant William L. Ingalls who represents Ingalls Business Acquisition, Inc. of Muskegon, MI. Mr. Ingalls resides at 3736 South Baker Street, Muskegon, MI. 49444. Mr. Ingalls is requesting to transfer ownership of 2006 Class C-SDM licensed business with Dance Pe1mit and Outdoor Service (1 Area), located at 555 W. Western, Muskegon, MI. 49440 from James Adolph Dinger, the current owner. Mr. Ingalls has had no experience in the alcohol service industry but has been made aware of the Muskegon Police Departments position on enforcing local alcohol laws and ordinances. A check ofMPD records and Criminal History showed no reason to deny this request. Respectfully submitted, Det. Kurt Dykman data/detective/dykman/word/liquor/Ingalls " ' ~ \. '(,· ·,1 \ \~"\ Michiga,. Oepartment of Labor & Economic Growth FOR MLCC USE ONLY MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Lansing, Michigan 48909-7505 Request ID# 380200 Business ID# 183775 LOCAL APPROVAL NOTICE [Authorized by MCL 436.1501] November 14, 2006 TO: MUSKEGON CITY COMMISSION 933 TERRACE STREET PO BOX 536 MUSKEGON, Ml 49443-0536 APPLICANT: INGALLS BUSINESS ACQUISITION, INC. Home Address and Telephone No. or Contact Address and Telephone No.: WILLIAM L. INGALLS, 11, 3736 SOUTH BAKER STREET, MUSKEGON, Ml 49444 H(231 )830-0733/6(231 )722-2401 The MLCC cannot consider the approval of an application for a new or transfer of an on-premises license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501 of the Liquor Control Code of 1998. For your information, local legislative body approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor Control Code of 1998. For your convenience a resolution form is enclosed that includes a description of the licensing application requiring consideration of the local legislative body. The clerk should complete the resolution certifying that your decision of approval or disapproval of the application was made at an official meeting. Please return the completed resolution to the MLCC as soon as possible. If you have any questions, please contact the On-Premises Section of the Licensing Division as (517) 636-4634. PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS sfs Michigan Department of Labor & Economic Growth 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)] November 14, 2006 MUSKEGON POLICE DEPARTMENT CHIEF OF POLICE 980 JEFFERSON STREET, PO BOX 536 MUSKEGON, Ml 49443-0536 Request ID#: 380200 Applicant: INGALLS BUSINESS ACQUISITION, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C- SDM LICENSED BUSINESS WITH DANCE PERMIT AND OUTDOOR SERVICE (1 AREA), LOCATE[; AT 555 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY, FROM JAMES ADOLPH DINGER. Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back. Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor Control Commission. If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers & Wholesalers) at (517) 322-1400. sfs LC-1972(Rev. 09105) Authority: MCL 436.1201(4) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age, national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans I Completion: Mandatory with Disabilities Act, you may make your needs known to this agency. Penall": No Ucense Michigan t.Jepartment of Labor & Economic Growth FOR MLCC USE ONLY MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Lansing, Michigan 48909-7505 Request ID# 380200 Business ID# 183775 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: INGALLS BUSINESS ACQUISITION, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C-SDM LICENSED BUSINESS WITH DANCE PERMIT AND OUTDOOR SERVICE {1 AREA), LOCATED AT 555 W . WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY, FROM JAMES ADOLPH DINGER. I Section 1. APPLICANT INFORMATION APPLICANT #1: APPLICANT #2: WILLIAM L. INGALLS, II - STOCKHOLDER 3736 SOUTH BAKER STREET MUSKEGON, Ml 49444 H(23~)830-0733/8(231 }722-2401 I DATE FINGERPRINTED: 1 _ 17 _0 DATE FINGERPRINTED: 7 I DATE OF BIRTH:1 /V < 3I ~ 6Y DATE OF BIRTH: Is the applicant a U.S. Citizen: D Yes D No* Is the applicant a U.S. Citizen: D Yes D No* I *Doe;; the applicant have permanent Resident Alien status? *Does the applicant have permanent Resident Alien status? Yes • No* • Yes • No* • *Doef 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** __J ARREST RECORD: Felony • Misdemeanor ARREST RECORD: • 0 Felony Misdemeanor • Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed a;Jd dated report if more space is needed) report if more space is needed) ['-S-=-e=--=c--=-ti--=-o.:..:.. n-=2.:......_ _ _ __ ____:_:IN-=-V=----=E=--=S:.. . :T-=- IG=-=A--=-T:...:.10.::::.. :. . :.N---=O:.. :.-F--=B -=-U -=-S=-=l.:. .:.N=.ES-=-S=---=----=A=--=N=D--=-A-=D:....::D:.. .:.R.:. :. E=-=S-=S-'T:.. . :O=---=B= E -= L.:...:: IC:....::E:..:..N.:...::S-=E=D- -- -- ~ Does applicant intend to have dancing, entertainment, topless activity, or extended hours permit? • No es, complete LC-1636 Are gas pumps on the premises or directly adjacent? o • Yes, explain relationship: I Section 3. LOCAL AND STATE CODES AND ORDINANCES, AND GENERAL RECOMMENDATIONS Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, if this license is granted? ~ s 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? Ji)' Yes D No 2. Is the proposed location satisfactory for this business? ~es No • 3. Should the Commission grant this request? ftYes No ' 'I • 4. If any of the above 3 questions were answered no, state your reasons: (Attach a s igned and dated report if more space is needed) . I- Date MUSKEGON POLICE DEPARTMENT LC-1800 (Rev. 07 /06) The Department of Labor & Economic Grow1h will not discriminale against any individual or group because of race, sex, religion, age, Authority: M CL 436.1217 and R 436.1105; MAC national origin, color, marital stalus, 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. Penalt : No License Michigan l.Jepartment of Labor & Economic Growth FOR MLCC USE ONLY MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Request ID# 3=8=0=2=00~-- Lansing, Michigan 48909-7505 Business ID# 183775 LAW ENFORCEMENT RECOMMENDATION [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403] November 14, 2006 TO: Re: INGALLS BUSINESS ACQUISITION, INC. We have received a request !rom 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: Weekdays AM. to AM. Sundays AM. to AM./P.M. D Recommended 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 AM. to AM. Sundays AM. to AM./P.M. D Recommended D Recommended, subject to final inspection D Not Recommended ~ DANCE PERMIT [:zg Recommended D Recommended, subject to final inspection D Not Recommended • ENTERTAINMENT PERMIT D 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 (cunt'd) Page 2 November 14, 2006 ~ OUTDOOR SERVICE cg] 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 D Recommended D Recommended, subject to final inspection D Not Recommended • OTHER .r D Recommended D Recommended, subject to final inspection D Not Recommended Signed: )(0:=L. . I ~ Signature and Title Print Name and Title MUSKEGON POLICE DEPARTMENT Date: _ _ /_-_/_ 7 _- (17 _ _ __ __ _ LC-1636 (Rev. 0812006) The Department oJLabor & Economic Growth will not discrirrinate against any individual or group because of race, sex, religion, age, Authority: MCL 436.1916, R 436.11 05(2)(d) and national origin, col or, marital status, disability, or political beliefs. H you need help with reading, writing, hearing, etc., under the Americans R436.1403 with Disabilities Act, you may make your needs known to lhis agency. Compl etion : Mandatory Penallv: No License and/or Permit LIQUOR LICENSE REVIE\V FORIVI Business Name: _____f____lJ ½..._s_ .,.,v,,,_.%:.....9...../;.... . .= s= --..../4.··. . ;---~--/s ,,_A._.a-~=t"""'~.es . . __ h_7o""""·/7-""/---k=---a""----c_•_ 1__ AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: _ __,.,U"'""½__· ,_,_//-'-/=q=m'---.....L::.:...._...,Ig;......,.,.z;;q"'-'""-ffi . . ......s:.,,_1 ____.,};_,_1/_ __ Business Address: 5~ Ir/ We sfeco Reason for Review: . New License D Transfer of Ownership JZI Dance Permit D Drop/Ad.d Name on .License D Transfer Location tJ Drop/Add Stockholder Name D New Entertainment Permit D Other ------ ------------------------ --:--- Deadline for receipt of all information: Public Safety Approved p?P Denied D No Action Needed D Income Tax Approved D Owing D Amount: Treasurer ·Approved D Owing D Amount: Zoning Approved • Denied D Pending ZBA • Clerk's Approved • Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D Department Signature ~ L- . I ~ ·. · to Please return the City Clerk'sffke . . Gail A. Kundinger, . Liquor License Coordinator LIQUOR LICENSE REVIE\V FORlVI AKA Business Name (if applicable): _ _ _ __ _ _ _ _ _ _ _ _ __ u. . . 1/. ./. ....q.....,m'---.....,l=--._ . -Tg;~-g;q........_ffi.....,s:,,_/.........b....l ___ Operator/Manager's Name.: ____ 0.....·..... Business Address: 5 __,-5 !J. Wes f era Reason for Review: . New License D Transfer of Ownership ]ZI Dance Permit D Drop/Add Name on.License D Transfer Location tJ 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 • Denied D Pending.ZBA • Clerk's Approved D Owing D Amount: · Fire/Inspections ApprQved D Denied D Remaining Defects D Department Signature CJt ~n9:1 --------- Please return to the City Clerk's Office Gail A. Kundinger, . Liquor Lice.nse Coordinator AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ l✓1/. /. .q.,...m Operator/Manager's Name.: _____U.._½......·..... . . ____...,.!""-.--~;...,;;,,.--gq.._. . _//:-s:,_,........../.....1/___ Business Add.ress: 5~ -IJ. Wesfcro Reason for Review: . New License D Transfer of Ownership Jg! Dance Permit D Drop/Add Name on License D. Transfer Location - • Drop/Add Stockholder Name q New Entertainment Permit D Other -------- ---------- -----------,--- Deadline for receipt of aJI 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 J Approved ~ Denied D Pending ZBA • Clerk's Approved • Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D Department Signature .. @:J ., Z ~ Please return to the City Clerkts Office Gail A. Kundinger,.. . .. Liquor Lice_n se Coordinator LIQUOR LICENSE REVIE\V FORl,t Business Name: _____f____,_1,.;,,,,,o:-%:....q. ./ .. . ,5 ..____./1 . . . .o"""'--5=t:....,./l.,_es=s;:;.......,d¢'-'-'- . . · +!-"'-~'"""1 s;..;..1..c...A;...:1~'"""q,.,,_1 ____,L=~'"""'"a-'-c __- _ AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: ____ U.½ . . .·.4_1/,1·q_m ___ _ _j_._rg;"'""""'"...." r. q. . .....ffi_5:..,.. 1 _/ __ 1/___ Business Add.ress: 5 ~ IJ. Wesfcro Reason for Review: . New License· D Transfer of Ownership JZI 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 Sa_fety Approved D Denied D No Action Needed D Income Tax Approved D Qwing D Amount: Treasurer ·Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA 0 Clerk's . Approved GI/ Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D '-/J{~ d c9rnk ~ up ~/4 -/oJz ~~ ~~~~ . Depa rim en I Signature . ~ .J;ie~ to Please return the City Clerk's Office · . Gail A. Kundinger, . Liquor Lice_n se Coordinator LIQUOR LICENSE REVIE\V FORlVI AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: --=di<:-½'-.'-J...l!..:...1.=q=m'---"""'L:.:....--I&,~-eq~ll:.-i.s:..,..---'-/,-'-1/_ __ 1 Business Add.ress: 5_)f" /J. Wesfcco Reason for Review: . New License D Transfer of Ownership JZI 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 • Clerk's Approved • Owing • Amount: Approved l3 / Denied D . Fire/Inspections Remaining Defects D Department Signature~/L_;_l-...µ~_:_....:._~~::::::::'.::::::~~....,i.~ - - - - - Please return to the City Clerk's Off!J>' Gail A. Kundinger, _ Liquor License Coordinator LIQUOR LICENSE REVIE\V FORi,1 AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ ½. . . Operator/Manager's Name: --"""'U..... ·,_,_//-'-/""'"q=m.___""""L::.:..•_ -.....Tg;~....,2;;"'-q.... 11:...,,s:..-,___,_/-'-1/_ __ Business Address: 5 _)S !J. Wes f er a Reason for Review: . New License D Transfer of Ownership JZI Dance Permit D Drop/Add Name on License D Transfer Location - • 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 ()wing D Amount: Treasurer ·Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA • Clerk's Approved ~ Owing D Amount: · Fire/Inspections Approved Denied D Remaining Defects D Department Signature._ _ _- ' - - ~~ ~.;__.:..__~.:ti--- - - -- - - - Please return to the City Clerk's Office Gail A. Kundinger, _ Liquor License Coordinator w11,.LIA1111 ~- 1NGAi1,.s 11 2669. ·--:··,,-_-. . '. 3736 S, BAKER ST, MUSKEGON, Ml 49444 Date lbz¼'Z '74-33"01/2724 D January 18, 2006 Mr. William L. Ingalls 3736 South Baker Street Muskegon, MI 49444 Dear Mr. Ingalls: This letter is to inform you that your liquor license request for 555 W. Western Avenue will be presented to the City Commission on January 23, 2007. This meeting begins at 5:30 p.m. and is located in the City Commission Chambers, 933 Terrace, Muskegon, MI. This request has also been sent to the Nelson 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 18, 2007 Commissioner Spataro, President Nelson Neighborhood Assoc. 1567 Sixth Muskegon,MI 49441 Dear Larry: We have received letters from the Liquor Control Commission reference two liquor license transfer requests. As you will see in your agenda packet, they are for 555 W. Western (transfer of ownership), and 435-441 W. Western (transfer from Norton Shores). On Tuesday, January 23, 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. If you have any questions, please feel free to contact me at 724-6705. Sincerely, Linda Potter Deputy Clerk Affinnative Action (231 )724-6703 FAX (231)722-1214 Assessor (23 I)724-6708 FAX (231 )726-5181 Cemetery (231 )724-6783 FAX (231 )726-5617 City Manager (231)724-6724 FAX (231 )722-1214 Civil Service (231 )724-6716 FAX (231 )724-4405 Clerk (231 )724-6705 FAX (231)724-4178 January 24, 2007 Comm. & Neigh. Services (231)724-6717 FAX (23 1)726-250 I Engineering Liquor Control Commission (231 )724-6707 7150 Harris FAX (231)727-6904 PO Box 30005 Finance (231)724-6713 Lansing, MI 48909-7505 FAX (231 )724-6768 Fire Department REF: Req ID #380200 (231 )724-6792 Ingalls Business Acquisition, Inc . FAX (231 )724-6985 555 W. Western Income Tax Muskegon, MI 49440 (231 )724-6770 FAX (231 )724-6768 Info. Technology To Whom It May Concern: (23 1)724-4 126 \ FAX (231)722-4301 \ Enclosed is the Resolution, Form LC-1800, Fann LC-1636, print card and check Inspection Services for Ingalls Business Acquisition, Inc. This was recommended for approval by the (231)724-67 15 FAX (231 )728-437 1 City Commission at their January 23, 2007, City Commission Meeting. Leisure Services (231 )724-6704 Please do not hesitate to call me at (231) 724-6705 if you have any questions. FAX(23 1)724-1196 Mayor's Office Sincerely, (231 )724-670 I FAX(231)722- 1214 Plaruting/Zoning (231 )724-6702 FAX (23 I )724-6 790 Linda Potter Police Department Acting Clerk (231)724-6750 FAX (231 )722-5140 Public Works enc. (231 )724-4 I00 FAX (23 I )722-41 88 Treasurer (23 I )724-6720 FAX (231 )724-6768 Water Billing (23 1)724-67 18 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 Agenda Item No. _ _ __ City Commission Meeting _ _ _ _ _ _ __ Date: January 12, 2007 To: Honorable Mayor and City Commission From: Department of Public Works Re: Traffic Department materials and services 2007 SUMMARY OF REQUEST: Annual contract with the Muskegon County Road Commission (MCRC) for the joint purchase of various Traffic Department materials and services. We have bid out these items with MCRC for the past seventeen years. By bidding together with MCRC and other municipalities we are able to get better unit prices because of larger quantity purchases. FINANCIAL IMPACT: Sign materials and services to be jointly bid: Sign blanks ............................................... $1,200.00 est. Sign posts ................................................ $1,600.00 est.. Sign sheeting ............................................. $2,000.00 est. Ready Made Signs ..................................... $5,000.00 est. Centerline painting .................................... $15,000.00 est. Total $24,800 ($21,700 in 2006) BUDGET ACTION REQUIRED: None, this item is requested each year in the appropriate Highway budgets. STAFF RECOMMENDATION: Approve the continued joint purchasing with the Muskegon County Road Commission for sign materials and services. Cin, of Muskegon Traffic Department Memo To: Bob Kuhn From: Dan Gomez Cc: Doug Sayles Date: 01-12-07 Re: Sign Materials & Services: Annual Contract Again this year we are requesting permission to bid jointly for our sign materials and services with the Muskegon County Road Commission as we have done the last seventeen years. They are getting ready to go out for bids on the following items and thus we do not have any actual quotes for 2007. For sign blanks: 2003 2004 2005 2006 sign blanks $1.34/sq. ft. $1.56/sq. ft. $1.85/sq. ft. $2.20/sq.ft. For sign posts: 2003 2004 2005 2006 2# x11 'posts $6.08/ea. $9.24/ea. $10.10/ea. $10.42/ea. 3# x12'posts $9.96/ea. $15.12/ea. $16.53/ea. $17.05/ea. For sheeting: Our standard has always been 3M sheeting, they are the only bid usually received by MCRC, they like us, use 3M sheeting exclusively, however we recently purchased our 3M roller, as did MCRC, and no longer have to buy a minimum order to keep the roller they originally gave to us to maintain the warranty on their sheeting. Other competitive sources are also bid out. Finished Signs: Most finished signs were purchased through competitive venders, but MCRC is starting to purchase these signs in the bid system for a considerable savings. We have purchased some signs this way the last three years and will continue to do so when purchasing in quantities. Centerline painting: In 1997 M&M Pavement Marking, Inc. was awarded the bid and the contract was extended every year at the same unit prices until 2004 when a 6% increase incurred to cover rising fuel and material costs. The cost increased again in 2006 as much as 27%. MCRC went out for bids and as anticipated there were substantial increases in the three bids received but everyone remained with M&M as they were the low bidder. Some years were also affected by our own engineering projects where centerline painting is contracted to a different painter when the road project is finished. The group purchasing approach has continued to result in significant cost savings. 2003 2004 2005 2006 $10,737 (M&M) $10,006 (M&M) $11,666 (M&M) $14,719 (M&M) Date: January 23, 2007 To: Honorable Mayor and City Commissioners From: Engineering RE: Acceptance of Lakefront Dr. & Extension of Terrace streets into the City's Street System SUMMARY OF REQUEST: Adopt the attached resolution, including exhibits A & B (drawing & descriptions respectively), accepting Lakefront Dr. and the extension of Terrace Street between Shoreline Dr. & Lakefront Dr. into the City's street system. Furthermore, it is requested that the street name of Lakefront Dr. be changed to Viridian Dr. as has been used since the road opened to traffic. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON RESOLUTION NO. 2007-08 ( f) At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on --~J~a=n~u~a~r~Y~=2=3~----• 2007 RECITALS THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES: 1. The City of Muskegon owns fee simple title (warranty deed) to that certain streets known as Viridian Dr. and Terrace Street Extension (section connecting Shoreline Dr. to Viridian Dr.). 2. It is necessary to furnish certain information to the State of Michigan to place this street within the City's Local Street System for the purpose of obtaining funds under Act 51, P.a. 1951, as amended. NOW, THEREFORE, BE IT RESOLVED: 1. That the legal description of said street is described as: See attached Exhibits A & B 2. That said streets are located within a City's right-of-way, are on City Property, and are under the control of the City of Muskegon. 3. That said streets are public streets and are for public street purposes. 4. That said streets are accepted into the City Local Street System. Resolution duly adopted. YEAS Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and Spataro NAYS None CITY OF MUSKEGON By ~ QO. /Jii;;, Linda S. Potter, Acting City Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a rd meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the 2 3 day of January , 20 07, and that the minutes of the meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976. dtnf¾ d .~ Linda S. Potter, Acting City Clerk Erfi. A ~'v- <: 1- +-(.;:; Sc..,__(-i;. .IB~lDesc_RDW / SADl21406 1 OF 2 SKETCH OF DESCRIPTION l=228.39' R=200.00' ,,-- ---..._ l=208.01' CHB=S60"08'46'W CHD=216.18'-----.,,~ _c____ R=200.00' CHB=S57°20'40"E P.O.B. S62"34'05"E L=59.99' 66' R.O.W. _ ., ~ON1/f _ S87"0f22ME 299_8t.._ DRJVE - -----.._' CHD=198.76' , zy R=106.00' p .0.E. ----->-< 1- j;.. R85' ~~ ~~~ r,,"/ ~41/ l=353.43' ~1'i (/) UJ b"~ 11 ;:_<v; R=225.00' CHBa::N72°25'55"E UJ ~r~ &, ~ ~ l=267.92' ~ !Ii ~ R=257.00' (~ -...,_ ""<9~'- -'k ~('.:'. CHD=38.53' 7 6'o $'-1,,'- 0,9)". <o_;;,- s%, ~ L=281.02' R=225.00' CHB:a:N81"39'04"E ' S0'R.O.W. ' ' ' CHB=S57"24'52"E CHD=255.95' 66' R.O.W. .:::----;;;;:;:;;;~;;,:;::::-:=_.'\""'___ - - - - - - _S87°16'4§"E 397.90' lAKEFRONT DRIVE - - -,- R=120.00' CHB=S67"4T49"E CHQa::80.04' oS'.s"- {9'~ CHD=~6~ - R/W - - - .._ .....__ NORTH R.O.W. LINE iff <9.{'?, _ --- - ~~ - - - - - - - - ._----_ PROPOSED SHORELINE DRIVE NORTHR.O.W.UNE ) P.O£ ro '- _ --- _.. BLK 558 ~ PROPOSED SHORELINE DRIVE r-1- ' ,,,,--- csx / / ... "'%,Q "- ,, N46°09'15'W ,, / ~' / /<-~5~'-,-z / / L=269.86 ....._ / ':>'\ ; /", ~- / ~ "'- ( ,, R=302.48' ...._ /,~ / ' , 1, / / .,- - - - . . . CHB=N88"17'30''W CHC:=261.00' ...._ ....._ '- ......_ .,_ /,t / /" ,,~,::-<,,; .1 ~ v_,,C'_,, ~ '/{:-0 It,,. 4;;,: '--.........._ ...,_ / \ II / ,, _,,..SI!'~ ~ "'1"'\ ,,~:r~o~''t.llCH;()."9,.,t,_ ,;.,"';;S'- '~ ~ 7'. e,.,. 4 c- -....., -c'-5 "'"'- •. "- ✓. . ._ ,, e,'I' ......._ -......./ ..J,_'I' ._ 6LK. 557 / I t , '/ '-. 01 / ' -._ RS;:: ~ ~...._ '-....___ -. -i",c,::,,_ '----- / I I , ij ( (:}'' ~✓- :-.._ I l J;, I q: ...._ <CJ BAR'::'! L '--..___ lv5<~ ::::--... I BLK. 556 "-- I I I 1 I I t , /~~✓-(;~ . 1,'0. \:',.,_".JS SUR\--~-.VOR U,>'iD /~,'>e's :,a002 ,'~'<, ' ~O~ ff".:. • o:J. t ~ . ._ -. . ._ _ / ' ..._ "i"tJo.,,>,. / "'--:1... "V ._ '<-'"'869,......._ JI rJ :,,_'f ..,_ $ / ..../._ <:.:, I I SOUTHERLYCORNEROF BLOCK556,REVISEDPLAT (OF 1903) OF CITY OF MUSKEGON 0 NORTH 200 "' /~ __,/ ,,'i!!Jfi,~&,,'f'1-- ~ I ?/10:,/4:,? "-..._ ',, ~ ~ ~ 1 SCALE IN FEET BARRY L WILLIS {_ P.S. 36002 DA~ ....._ ....._ ....._ / .,, Rev;sed· FLEIS & VANDENBRINK ~ ', , ,/ CITY OF MUSKEGON 11: 1?11:11 lrlOA:l?Wi:i m:l§MS 2960 Lucerne Drive SE. Grand Rapids, Ml 49546 ~ / LAKEFRONT DRIVE & TERRACE STREET Phone: (616) 977-1000 Fox: (616) 977-1005 SKETCH OF DESCRIPTION Dec., 12. 2006 3851 fir h. (!, J8510eoc_rww / ~AOl:2'405 2 OF 2 DESCRIPTION LEGAL DESCRIPTION FOR 66-FOOT WIDE ROADWAY (LAKEFRONT DRIVE): Part of Blocks 554 and 558 of the Revised Plat of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County Records, described as follows: COMMENCING at the most Southerly comer of Block 556 of said plat; thence N 62°44'00" W, 1248.69 feet along the Northerly line of Terrace Street extended; thence Westerly, 269.86 feet along said Northerly line on a 302.48 foot radius curve to the left, the long chord of which bears N 88°17'30" W, 261.00 feet; thence N 46°09'15" W 85.84 feet along the line between Lots 5 and 6 of said Block 558 to a point being on the Northerly line of that parcel of land taken by the City of Muskegon for the construction of Shoreline Drive, a pedestrian walkway and the relocation of the railroad right of way, (said Northerly line being described in Schedule A attached to City of Muskegon Resolution No. 98-87(f) and adopted by the City Commission on July 28, 1998): thence continuing along said line between lots 5 and 6 of said Block 558, N 46°09'15" W 448.41 feet; thence N 27°25'55" E 231.86 feet to the POINT OF BEGINNING of the centerline of a 66 foot wide roadway: thence S 62°34'05" E, 9.14 feet; thence Southeasterly, 39.05 feet on a 69.00 foot radius curve to the right, the long chord of which bears S 46°21'20" E, 38.53 feet; thence continuing Southeasterly, 59.99 feet on a 106.00 foot radius curve to the left, the long chord of which bears S 46°21'20" E, 59.19 feet; thence S 62°34'05" E, 359.50 feet; thence Northeasterly, 353.43 feet on a 225.00 foot radius curve to the left, the long chord of which bears N 72°25'55" E, 318.20 feet; thence N 27°25'55" E, 125.80 feet; thence Northeasterly, 228.39 feet on a 200 foot radius curve to the right, the long chord of which bears N 60°08'46" E, 216.18 feet; thence S 87°08'22" E, 299.82 feet; thence Southeasterly, 208.01 feet on a 200.00 foot radius curve to the right, the long chord of which bears S 57°20'40" E, 198.76 feet; thence S 27°32'58" E, 150.27 feet; thence Southeasterly, 267.92 feet on a 257.00 foot radius curve to the left, the long chord of which bears S 57°24'52" E, 255.95 feet; thence S 87°16'46" E, 397.90 feet; thence Southeasterly, 81.60 feet on a 120.00 foot radius curve to the right, the long chord of which bears S 67°47'49" E, 80.04 feet to the North right of way of proposed Shoreline Drive and the POINT OF ENDING of this 66 foot wide roadway description. Together with and subject to easements of record. LEGAL DESCRIPTION FOR SO-FOOT WIDE ROADWAY AND 85-FOOT RADIUS CUL-DE-SAC RIGHT-OF-WAY(TERRACE STREET): Part of Blocks 554 and 558 of the Revised Plat of the City of Muskegon, as recorded in Uber 3 of Plats, Page 71, Muskegon County Records, described as follows: COMMENCING at the most Southerly corner of Block 556 of said plat; thence N 62°44'00" W, 1248.69 feet along the Northerly line of Terrace Street extended; thence Westerly, 269.86 feet along said Northerly line on a 302.48 foot radius curve to the left, the long chord of which bears N 88°17'30" W, 261.00 feet; thence N 46°09'15" W 85.84 feet along the line between Lots 5 and 6 of said Block 558 to a point being on the Northerly line of that parcel of land taken by the City of Muskegon for the construction of Shoreline Drive, a pedestrian walkway and the relocation of the railroad right of way, (said Northerly line being described in Schedule A attached to City of Muskegon Resolution No. 98-87(f) and adopted by the City Commission on July 28, 1998); thence continuing along said line between Lots 5 and 6 of said Block 558, N 46°09'15" W 448.41 feet; thence N 27°25'55" E 231.86: thence S 62°34'05" E, 9.14 feet: thence Southeasterly, 39.05 feet on a 69.00 toot radius curve to the right, the long chord of which bears S 46°21'20" E, 38.53 feet; thence continuing Southeasterly, 59.99 feet on a 106.00 foot radius curve to the left, the long chord of which bears S 46°21'20" E, 59.19 feet; thence S 62°34'05" E, 359.50 feet; thence Northeasterly, 281.02 feet on a 225.00 foot radius curve to the left, the long chord of which bears N 81°39'04" E, 263.11 feet thence S 48°09'48" E, 64.05 feet thence Southeasterly, 74.60 feet along a 100.00 foot radius curve to the left, the long chord of which bears s 69°00'31" E, 72.88 feet; thence S 87°15'08" E, 308.55 feet; thence S 02°51'38" W, 36.27 feet to the North right of way line of proposed Shoreline Drive and the POINT OF BEGINNING of the centerline of an 80 foot wide right-of-way; thence N 02°51'38" E, 389.51 feet along said centerline to the centerline of Lakefront Drive, the center of a 85.00 foot radius cul-de-sac right-of-way and the POINT OF ENDING of this roadway centerline description. Together with and subject to easements of record. ;f:O}; lfi/C;;.~;;,\ Revised FLEIS & VANDENBRINK .: GAP.TTY L llJ 11:aat 1:1 llit@®:lrl!ftW@W:1e11a 2950 Lucerne o,;ve SE. Grand Ropjds, Ml 49545 .,•· '? ~ ) '"tit~ ,,,, s\ .:✓~<---~)1 ,~-= '.f 'Jxi7fJpJ f-i\'eY 0:: /£~::G/4~· ,~ I CITY OF MUSKEGON LAKEFRONT DRIVE & TERRACE STREET DESCRIPTION I Phone: (616) 977-1000 Fox: (616) 977-1005 BARRY L. WILLIS ~ l.:-9.~u~.~,~~'f Co !.A~O § ~~,-.:f: P.S. 36002 DATE Dec., I 2, 2006 3851 Date: January 23, 2007 To: Honorable Mayor and City Commission From: Engineering RE: Grant Applications for Transportation Economic Development Fund Category F (TEDF-F) & Congestion Mitigation Air Quality (CMAQ) SUMMARY OF REQUEST: Authorize staff, by adopting the attached resolutions, to submit the following: 1- A Transportation Economic Development Fund Category - F Grant application requesting funds for the milling & resurfacing of Quarterline from the City limits northerly to Marquette in 2008 & the reconstruction of Getty Street from Laketon to Evanston in 2009. 2- A 2007 CMAQ application for a signal installation at Marquette & Harvey/Broadmoor, traffic signals timing upgrades along the Laketon Ave. corridor (5-signals). And a similar application for signals upgrade along Sherman and various other locations in 2008. The signal upgrade will include LED lights. FINANCIAL IMPACT: A local share of 20% will be required for all projects. BUDGET ACTION REQUIRED: Amend the 2007 capital improvement budget to include the signal installation at Marquette & Harvey/Broad moor for a $75,000 cost and signals upgrade along Laketon for an estimated cost of $250,000 for construction of which only the engineering cost will use city funds. The engineering cost is estimated at $30,000 and would come out of both, major & local street funds. The signal upgrade project will have a maximum of three years payback due to the energy saving. STAFF RECOMMENDATION: Adopt the attached resolutions and authorize staff to submit the grant applications. COMMITTEE RECOMMENDATION: Resolution No. 2007-0B(g 1 ) MUSKEGON CITY COMMISSION RESOLUTION APPROVING APPLICATION TO THE STATE OF MICHIGAN TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the Michigan Department of Transportation has made available grant funding for the roadway project deemed necessary to advance economic development projects; and WHEREAS, the City of Muskegon desires to continue the improvements of it major street system; and WHEREAS, preliminary cost estimates associated with each project have been identified, NOW, THEREFORE, BE IT RESOLVED, that Staff is authorized to submit application to the Michigan Department of Transportation - Transportation and Economic Development Corporation in various amounts to be matched with local resources. rd Resolved this 23 day of January , 2007 Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and Spataro Nays: None Abstentions: None 2007-0S(g-) CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on January 23, 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: cfuiAa ~ . IS»)L Linda S. Potter, Acting City Clerk Resolution No. 2007-0B(g 2 ) MUSKEGON CITY COMMISSION CMAQ PROJECTS FOR 07, 08 & 09 RESOLUTION APPROVING APPLICATION TO THE STATE OF MICHIGAN DEPARTMENT OF TRANSPORTATION WHEREAS, the Michigan Department of Transportation has made available grant funding for the roadway project deemed necessary to advance Congestions Mitigation Air Quality projects; and WHEREAS. the City of Muskegon desires to continue the improvements of its major street system; and WHEREAS, preliminary cost estimates associated with each project have been identified, NOW, THEREFORE, BE IT RESOLVED, that Staff is authorized to submit application to the Michigan Department of Transportation in various amounts to be matched with local resources. Resolved this 23 rd day of January , 2007 Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and Spataro ' Nays: None Abstentions: None 2007-08(t) CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on January 23, 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:~ QQ Linda S. Potter, Acting City Clerk Date: January 23, 2007 To: Honorable Mayor and City Commissioners From: Engineering RE: Agreement for Engineering Services SUMMARY OF REQUEST: Authorize staff to enter into an engineering services agreement, copy of which is attached, with ALBERT R. POSTHUMA a retired professional engineer to provide assistant to the engineering department in the analysis and design for the Clay Hill Area. This short term contract, if approved, will provide the city with the best of both worlds, having an experienced local engineer without having to pay for the overhead of an engineering firm. Furthermore, it is respectfully requested that staff be authorized to extend and/or terminate said agreement to best serve the city. FINANCIAL IMPACT: Approximately $10,500 based on an es BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To authorize staff to enter into an agreement with Mr. Posthuma. COMMITTEE RECOMMENDATION: 2007-0S(h) AGREEMENT FOR PROFESSIONAL SERVICES (REVISED 1/15/07) This agreement is made between the CITY OF MUSKEGON ("City"), and ALBERT R POSTHUMA ("Posthuma") concerning professional personnel related services. THE PARTIES AGREE AS FOLLOWS: 1.0 CONCERNING PROFESSIONAL SERVICES I.I Posthuma agrees to perform, under the general direction of the City Engineer and the administrative supervision of the City Manager, the tasks as a professional engineer relevant to the evaluation and design of the clay hill area sewer pro;ect. 1.2 By this agreement Posthuma is appointed, for its term, as a professional Engineer for the City of Muskegon. 1.3 Posthuma will perform said services at such times that are reasonably necessary as directed by the City Engineer to carry out his commitments, obligations and services contracted for. 2.0 COMPENSATION FOR SERVICES 2.1 The City will compensate Posthuma $75.00 per hour. Posthuma shall invoice the City for time spent and City shall pay Posthuma based upon that invoice. No other forms of compensation are applicable. 3.0 TERM AND TERMINATION 3.1 This agreement is effective 02/0 l/2007, and will continue until 02/01/2008 or until the design is completed and the profrct is bid, whichever shortest, unless terminated earlier upon a written notice by the City. Renewals or extensions may occur on a mutually acceptable terms. 3.2 The City and Posthuma reserve the right to terminate this agreement upon a two week written notice. 4.0 GENERAL AND SPECIFIC CONDITIONS 4.1 Posthuma agrees that he is an independent contractor. He is required by this contract only to render services at such times and on such schedules as agreed upon between Posthuma and the City Engineer. Posthuma acknowledges that he is not an employee, that he has no rights to benefits, withholding of FICA contributions, tax withholding, unemployment, workers compensation, pension credits, insurance for active employees or other employment fringe rights or benefits, and that his compensation is limited to the hourly compensation set forth above. 4.2 Posthuma agrees to exercise his best effort to avoid representation of any person, party, or entity in any cause contrary to the interest of the City. He will also desist from representing any person, party, or entity on any matter in which the City is or may become an opposing party. 4.3 Posthuma agrees to obtain and maintain Professional Liability Insurance in the amount of $1,000,000 (limit of liability per claim and annual aggregate) during the term of this Agreement. The insurance coverage will apply to wrongful acts by the insured, including any actual or alleged act, error or omission in the rendering of or failure to render professional services for the City. The City will notify Posthuma of any potential claims within 30 days of the termination of this Agreemenl Commission Meeting Date: January 23, 2007 Date: January 12, 2007 To: Honorable Mayor and City Commissioners From: Planning & Economic Development ~L, RE: Zoning Ordinance Amendment - ZBA Newspaper Public Notice SUMMARY OF REQUEST: Request to amend Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV (Zoning Board of Appeals) regarding newspaper public notice for Zoning Board of Appeals public hearings. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to amend the language regarding newspaper notice of ZBA public hearings. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 1/11 meeting. The vote was unanimous with T. Hanyinan, and J. Aslakson absent. 1/12/2007 Staff Report (EXCERPT) CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING January 11, 2007 Hearing; Case 2007-01: Staff initiated request to amend Section 2504 (Hearings Notices, and Adjournments, #1) of Article XXV (Zoning Board of Appeals) to meet the requirements of the Michigan Zoning Enabling Act, Act 110 of 2006, regarding Zoning Board of Appeals newspaper public notice. BACKGROUND When this same section came to Planning Commission for amendment in October 2006, staff overlooked some language that should have been deleted. All notices must be served at least 15 days prior to the day of the hearing. The old requirement was 10 days (excluding Saturdays, Sundays, and holidays). The new Zoning Enabling Act clarified this time frame by just requiiing a simple 15 days notice requirement. That means we may delete the language referring to those additional days. NEW LANGUAGE Deletions are crossed out and additions are in bold. 1. When an application or appeal has been filed in proper form and with the required date, the Zoning Administrator shall immediately place said application or appeal upon the calendar for hearing and cause notices, stating the time, place, and plllposes of the hearing being served. Such notices shall be published in a newspaper of general circulation and served personally or by mail at least fifteen (15) days (eirnluding Satufdays, SUHdays, and holidays) prior to the day of such hearing, upon the applicant or appellant, the Building Inspector, the owners of property and the occupants of single and two-family dwellings within three hundred (300) feet of the property in question. If the tenant's name is not known, the notice may be addressed to the occupant. Any pruty may appear at such hearings in person or be represented by agents, attorneys, or both. DELIBERATION I move that the amendment to Section 2504, #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 ORDINANCENO. 2215 An ordinance to amend Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV (Zoning Board of Appeals) regarding newspaper public notice for Zoning Board of Appeals public hearings. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV (Zoning Board of Appeals) is amended regarding public notice for Zoning Board of Appeals public hearings, as follows: Changes to Section 2504, (#1): Zoning Board of Appeals 1. When an application or appeal has been filed in proper form and with the required date, the Zoning Administrator shall immediately place said application or appeal upon the calendar for hearing and cause notices, stating the time, place, and purposes of the hearing being served. Such notices shall be published in a newspaper of general circulation and served personally or by mail at least fifteen (15) days prior to the day of such hearing, upon the applicant or appellant, the Building Inspector, the owners of property and the occupants of single and two-family dwellings within three hundred (300) feet of the property in question. If the tenant's name is not known, the notice may be addressed to the occupant. Any party may appear at such hearings in person or be represented by agents, attorneys, or both. This ordinance adopted: Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and Spataro Nayes: None Adoption Date: January 23, 2007 Effective Date: February 6, 2007 First Reading: _ _Ja_n_u_a_r_y_2_3_,_20_0_7_ _ _ _ _ _ _ _ __ Second Reading:_N_/A _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CITY OF MUSKEGON By: ~ gQ_/!;& Linda S. Potter, CMC, Acting City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby ce1tify 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 23 day of January, 2007, at which meeting a quornm 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: _ _J_a_nu_a_r_,,_y_23_ _, 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 o2.3 Please take notice that on January)( 2007, the City Commission of the City of Muskegon adopted an ordinance to amend Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV (Zoning Board of Appeals) regarding the newspaper public notice for Zoning Board of Appeals public hearings. 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 ,Toauqry c27 ,200¢7 CITY OF MUSKEGON O' By _ _ _ _ _ _ _ _ _ _ _ __ Linda S. Potter, CMC Acting City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 6 Date: 01/23/07 To: Honorable Mayor and City Commission From: DPW RE: Budgeted Vehicle Replacement SUMMARY OF REQUEST: Authorize staff to purchase six (6) 2007 Crown Victories through the Macomb County Purchasing Contract since it was the lowest responsible bid received for a total bid of $123,582. FINANCIAL IMPACT: $123,582.00 BUDGET ACTION REQUIRED: None. $150,000 was budgeted for this purchase. STAFF RECOMMENDATION: Authorize staff to purchase the vehicles using the Macomb County Purchasing Contract. Memorandum To: Honorable Mayor and City Commissioners From: DPW Date: 01/23/07 Re: Budgeted Vehicle Replacement The Equipment Division has scheduled the replacement of six Crown Victoria Police Interceptors for 2007. These vehicles will be set up with video systems, light bars, and radar units and be used as police patrol cars. I have requested prices from area dealers as well as the statewide purchasing contract. The Macomb County Bid is the bid the equipment division is recommending. Attached is a summary of the bids. If the Commission wishes to implement the policy regarding local preference, Tony Betten & Sons is within 1% of the lowest non-local bid and has a business location in the City of Muskegon. 1 Equipment Purchase - 2007 Macomb Countl£ Great Lakes Ford Tonl£ Betten 3942 W. Lansing 2469 E. A12121e Ave 3839 Plainfield NE Ty12e of Vehicle Perry Mi 48872 Muskegon Mi 49442 Grand Ra12ids Mi 49525 6 Crown Victoria $20,597.00 $20,783.00 $20,651.45 Police Interceptors Total $123,582.00 $124,698.00 $123,908.70 Commission Meeting Date: January 23, 2007 Date: January 1 o, 2007 To: Honorable Mayor and City Commissioners From: Planning & Economic Development rJ!:l-,,.. RE: Public Hearing - Request to Establish an Obsolete Property District - Sen Peevo, LLC SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Sen Peevo, LLC, PO Box 1681, Muskegon, Michigan, has requested the establishment of an Obsolete Property District. The district would be located at 902 Pine Street, Muskegon, Ml, the former Pine Street Antique Mall. Total capital investment for this project is $1.3 million. The project will result in the creation of several new jobs in the City. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution establishing an Obsolete Property District for 902 Pine Street, Muskegon, Ml. COMMITTEE RECOMMENDATION: 1/23/07 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. 2007-l0(a) A resolution establishing an Obsolete Property Rehabilitation District. The City Commission of the City of Muskegon hereby RE SOLYES: Recitals A. The City of Muskegon has been designated as a qualified local government unit for the purpose of establishing Obsolete Property Rehabilitation Districts and approving Applications for Obsolete Property Rehabilitation Exemption Certificates. B. The area located in the land described in this resolution is known to the City Commission and is clearly characterized by the presence of obsolete commercial property, and the land and improvements are obsolete commercial property. C. Notice has been given by certified mail to the owners of all real property within the proposed Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to all owners and any other resident or taxpayer of the City to appear and be heard. Said notice was given at least ten (10) days before the hearing. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. That the property described in this resolution and proposed as an Obsolete Prope1ty Rehabilitation District is characterized by obsolete commercial prope1ty. 2. That the obsolete commercial property, the subject of this resolution, is described on the Attachment A to this resolution. 3. That the City Commission hereby establishes an Obsolete Prope1ty Rehabilitation District on the lands and parcels set forth in the attached description. This resolution passed. Ayes Carter, Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga Nays None CITY OF MUSKEGON By ~ A . lllfu_ Linda S. Potter, CMC Acting Clerk 2007-lO(a) CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on January 23, 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 dm~ J . ~ Linda S. Potter, CMC Acting Clerk ATTACHMENT A CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 11-16 BLK 189 Commission Meeting Date: January 23, 2007 Date: January 1 0, 2007 To: Honorable Mayor and City Commissioners From: Planning & Economic Development ubL- RE: Public Hearing - Request to Issue an Obsolete Property Certificate - Sen Peevo, LLC SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, PCJ Enterprises, LLC, 749 Moulton Avenue, Muskegon, Ml, has requested the issuance of an Obsolete Property Certificate for the property located at 902 Pine Street (former Pine Street Antique Mall), Muskegon, Ml. The building is presently unoccupied, but will be rehabilitated for use as the Muskegon Brewing Company & Distilling Company, a restaurant/brew pub on the first floor of the building and residential on the second floor of the building. Total capital investment for this project is $1.3 million. The project will result in bringing several of new jobs to the City of Muskegon. Because of the amount of investment, the applicant is eligible for a twelve (12) year certificate. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution issuing an Obsolete Property Certificate for 902 Pine Street, Muskegon, Ml for a term of twelve (12) years. COMMITTEE RECOMMENDATION: None 1123107 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. 2007-lO(b) A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by SEN PEEVO, L.L.C. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption Certificate from Sen Peevo, L.L.C., to apply to the improvements located in an Obsolete Property Rehabilitation District established by previous resolution. B. The City of Muskegon is a qualified local goverruuental unit as dete1mined by STC Bulletin No. 9 of 2000, dated July 12, 2000. C. An Obsolete Property Rehabilitation District in which the application property is located was established after hearing on January 23, 2007, being the same date that the district was established. D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five percent (5%) of the total taxable value of the City of Muskegon. E. In the event it is determined that the said taxable values do exceed five percent (5%), the City Commission determines further that the said excedence will not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of any affected taxing units. F. This resolution of approval is considered by the City Commission on May 11, 2004, after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date. G. The applicant, Sen Peevo, L.L.C., is not delinquent any taxes related to the facility. H. The exemption to be granted by this resolution is for twelve (12) years. I. The City Commission finds that the property for which the Obsolete Property Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is functionally obsolete. The City has received from the applicant all the items required by Section 9 of the application form, being the general description of the obsolete facility, a general description of the proposed use, a description of the general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will be pmi of the rehabilitated facility, a time schedule for undertaking and complete the rehabilitation, and statement of the economic advantages expected from the exemption. J. Commencement of the rehabilitation has not occurred before the establishment of the district. K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation District established by the City under PA 146 of 2000. L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the Ce1tificate, have the reasonable likelihood to increase commercial activity and create employment; it will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten percent (10%) of the trne cash value of the prope1iy at the commencement of the rehabilitation. M. The City Commission determines that the applicant shall have twelve (12) months to complete the rehabilitation. It shall be completed by January 23, 2008, or one year after the Ce1tificate is issued, whichever occurs later. N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of Muskegon, representatives of the affected taxing units and the general public. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. Based upon the statements set fo1ih in, and incorporating the recitals to this resolution, the City Commission hereby approves the application filed by Sen Peevo, L.L.C., for an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of twelve (12) years; 2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in Attachment A, the legal description containing the facilities to be improved; 3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply with the representations and conditions set forth in the recitals above and in the application material submitted to the City. This resolution passed. Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga, and Carter Nays: None CITY OF MUSKEGON By ~ x0. &tiu, Linda S. Potter, Acting City Clerk 2 2007-lO(b) CERTIFICATE This resolution was adopted at a meeting of the City Commission held on January 23, 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~ g2, ~ Linda S. Potter, Acting City Clerk 3 Michigan Department of Treasury 3674 {Rev. 6-05) Application for Obsolete Property Rehabilitation Exemption Certificate This form is issued as provided by P.A. 146 of 2000. This application should be filed after the district is established. This project will not receive tax benefits until approved by the State Tax Commission. Applications received after October 31 may not be acted upon in the current year. This application is subject to audit by the State Tax Commission. INSTRUCTIONS: File the original and two copies of this form and the required attachments with the clerk of the local government unit. (The State Tax Commission requires two copies of the Application and attachments. The original is retained by the clerk.) Please see State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. The following must be provided to the local government unit as attachments to this application: (a) General description of the obsolete facility (year built, original use, most recent use, number of stories, square footage); (b )General description of the proposed use of the rehabilitated facility, (c) Description of the general nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building equipment that will be a part of the rehabilitated facility, (e) A time schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic advantages expected from the exemption. Expected project likelihood (check all that apply): ~~rease Commercial activity [}~tain employment ~Y,italize urban areas r;:::r!'n~~rease number of residents in the hlcreate employment ~revent a loss of employment ~ community in which the facility is situated Indicate the number of jobs to be retained or created as a result of rehabilitating the facility, including expected, construction employment _ _ c::~2r·· Each year, the State Treasurer may approve 25 additional reductions of ha!fthe school operating and state education taxes following box if you wish to be considered for this exclusion. for a period not to exceed six years. Check the APPLICANT'S CERTIFICATION The undersigned, authorized officer of the company making this application certifies that, lo the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application ls being submitted. Further, the undersigned is aware that, if any statement or information provided is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy. The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as defined by P.A. 146 of 2000 and that the rehabilitation ·of the facility would not be undertaken without the applicant's receipt of the exemption certificate. It is further certified that the undersigned is familiar wlth the provisions of P.A. 146 of 2000, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax Commission. Name of Company Officer {no authorized agents) Telephone Number Fax Number .c · · · . . ·z.kc<-- 2 9.3--77-{_p'i ri..,1ai!ing Address 1,0."B0 --o llo3! LOCAL GOVERNM~NT UNIT CLERK CERTIFICATION Clerk must also complete Parts 1, 2 and 4 on Page 2. Part 3 to be completed by the assessor. ISignatuce IDate applicalion cecei,ed FOR STATE TAX COMMISSION USE IApplicalion Number IDate Received 902 Pine St Muskegon, MI 49442 Accompanying Documentation for Obsolete Property Rehabilitation Exemption Application Estimated Cost of Rehabilitation Project rehabilitation total is $1.3 million including: • Building purchase and renovations cost of$572,000 for the business • Building renovations cost of $90,000 for the residential areas • Building renovations cost of $40,000 for facade and window replacement • $290,000 for equipment • $100,000 in start-up costs, including licensing Legal Description of Obsolete Property • Tax ID# 6124205189001100 • Lots 11-16, Block 189, City of Muskegon Revised plat of 1903 • Lot Dimensions- 116 x 140 • Muskegon School District • Annual Property Taxes - 3900 • Tax Year - 2004 • Zoning-B- General Description of the Obsolete Property • Year Built - 1920 • Original Use - Furniture Store • Most Recent Use - Antique Mall • Number of Stories - 2 • Square Footage - 13,000 General Description of the Proposed Use of the Rehabilitated Facility The building will be rehabilitated to house the Muskegon Brewing & Distilling Company business and provide residential space for the owners and renters. The company will produce high quality hand crafted brews, brandy, and vodka in a microbrewery and distille1y to be served at a fresh food eatery and tasting room Offering relaxing and comfortable surroundings, unparalleled service, and great tasting food and drinks, the extraordinary atmosphere of the brewpub will surround customers with entertaining views of the high quality and superb tasting beer, brandy, and vodka as it is being brewed and distilled. Off street parking on comer of pine and Walton will be used by the company's employees and customers and tenants. Description of the General Nature and Extent of the Rehabilitation to be Undertaken • Old carpet removed • Ceilings and flooring repaired and/or replaced • Electrical and plumbing replaced to meet code • Fire suppression added • Handicap accessible restrooms added • Reinforcement of flooring where needed • Windows repaired and/or replaced • Emergency exits repaired, added, or replaced where needed • An elevator will be added to the building • Replacement of interior stairways in the business • Resurfacing of the parking lot Descriptive List of the Fixed Building Equipment that will be a Part of the Rehabilitated Facility • A large two door antique safe will remain in the building Time Schedule for Undertaking and Completing the Rehabilitation of the Facility • Construction for the business on the first floor is expected to begin February 1, 2007 • Construction for the,business is expected to be completed by June I, 2007 • Construction for the residential area is expected to be completed by November I, 2007 • Facade and window replacement is expected to be completed by February I, 2009 The Economic Advantages Expected from the Exemption • Rehabilitation of the property • Job creation and wages for additional employees • Marketing of the business to bring revitalization and growth to the area TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: January 23, 2007 RE: Public Hearing Spreading of the Special Assessment Roll Lakeshore Dr., McCracken St. to 145' North Easterly of Vanderlinde St. SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Lakeshore Dr. from McCracken St. to 145' North Easterly of Vanderlinde St., and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of$ I 04, 120.38 would be spread against the sixty-six- (66) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2007-l0(c) Resolution Confirming Special Assessment Roll For Lakeshore Dr. from McCracken St. to 145' North Easterly of Vanderlinde St. Properties Assessed: See Exhibit A attached to this resolution. RECITALS: I. The City Commission determined to create a special assessment district covering the Properties set forth in Exhibit A attached to this resolution on March 14, 2006 at the first hearing. 2. The City has reviewed the special assessment roll which purports to levy a special assessment in the said district, levying on each property a portion of the cost which has been determined to be appropriate, considering the improvements, the benefit to the assessed properties, and the policies of the City. 3. The City Commission has received final bids for the construction and/or installation of the improvements and determines it to be fair and reasonable. 4. The City Commission has heard all objections to the roll filed before or at the hearing. THEREFORE, BE IT RESOLVED: 1. That the special assessment roll submitted by the Board of Assessors is hereby approved. 2. That the assessments levied may be made in installments as follows: annual installments over ten (10) years. Any assessment that is paid in installments shall carry interest at the rate of five (5) percent per annum to be paid in addition to the principal payments on the special assessment. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL FOR Lakeshore Dr., McCracken St. to 145' North Easterly of Vanderlinde St. Continued ... 3. The Clerk is directed to endorse the certificate of this confirmation resolution and the Mayor may endorse or attach his warrant bearing the date of this resolution which is the date of confirmation. This resolution passed. Ayes: Gawron, Shepherd, Spataro, Wierenga, Carter, and Davis Nays: None Abstain: Warmington City of Muskegon By ~ ~ , Linda Potter, Acting City Clerk CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on January 23, 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 I 976. Further, I hereby certify that the special assessment roll referred to in this resolution was confinned on this date, being January 23, 2007. City of Muskegon By ~ Linda Potter, Acting City Clerk EXHIBIT A LAKESHORE DR., MCCRACKEN AVE. TO 145' NORTHEASTERLY OF CENTERLINE OF VANDERLINDE ST. SPECIAL ASSESSMENT DISTRICT All properties abutting that section ofLakeshore Dr., Mccracken Ave. to 145' Northeasterly of Centerline of Vanderlinde St. LAKESHORE DR., MCCRACKEN ST. TO 145' NORTH EASTERLY OF VANDERLINDE ST. MAYOR'S ENDORSEMENT AND \VARRANT I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE. AFFIDAVIT OF MAILING STATEOFMICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: H-1609 ,Lakeshore Drive, McCracken Ave. To 145' northeasterly of centerline of Van Der Linde ST. THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 11th DAY OF JANUARY 2007 ~ tdtu LINDA POTTER, ACTING CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS .)... DAY oF .Rr . Sl?w o DA"/ 0 , 2001. ~ 2 ~ '.cu . hi,-1-<~k:· NOTARYPuc, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES b I~~~ s-- I January 11, 2007 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 2 Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL Dear Property Owner: The Muskegon City Commission has previously approved the project described below and will now consider final confirmation of the special assessment roll: LAKESHORE DR., McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE OF VAN DER LINDE ST. Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, JANUARY 23, 2007 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the special assessment. Written appearances or objections must be made at or prior to the hearing. YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS CONFIRMED JANUARY 23, 2007 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-4712) OR EMAIL ADDRESS: TAXTRIB@MICHIGAN.GOV. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. The final projected cost of the street improvement portion of the project is $416,500.00 of which $104,120.38 will be paid by special assessment. If the special assessment is confirmed, your property will be assessed $1976.4 based on 120 feet assessable front footage at $16.47 per assessable foot for the street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of $1976.4 Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5% per year First Installment: $197.64 PER YEAR Due Date: March 26, 2007 2 The total assessment may be paid in full any time prior to the due date shown above without interest being charged. After this date, interest will be charged at the rate shown above on the outstanding balance. Assessments also may be paid over a ten year period in ten equal principal installments. If you pay your assessment in installments, your annual installment (including interest) will be included as a separate item on your property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify them of this change. Early payments may be made at any time and are encouraged. PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL If you have any specific questions about the work done please call the Engineering Department at 231- 724-6707 before the hearing date. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and Application for Waiver of Special Assessment for financial assistance. Sincerely, /}!Jc;f:t~/Zf~ldMJ1/ Mohammed AI-Shatel, P.E. City Engineer Enclosures Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. CITY OF MUSKEGON LAKESHORE DR., McCRACKEN Ave. to 145' northeasterly of the centerline of VAN DER LINDE ST. AVE. H 1609 CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT r,=;====c;===c;===c;===c;= Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Spouse: Birthdate: Social Security # _ _ -_ _-_ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _.Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this information) Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here. Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _._ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _ Name Birthdate_ _ _ _ _ _ __ ANNUAL Household Income: $_ _ __ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: Proof Of Ownership: ( ) Deed ( ) Mortgage ) Land Contract Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be verified by CDBG staff) === Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all information in this application, and all information furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO. SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON LAKESHORE DR., McCRACKEN A VE. TO 145' northeasterly of the centerline of VAN DER LINDE ST. H 1609 CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT Dear Resident: The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household income. 2005 FAMILY SIZE INCOME LIMIT 1 $28,275 2 32,285 3 36,295 4 40,410 5 43,530 6 46,800 7 50,050 8 53,300 For each extra, add 3,250 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ AppHcants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon, MI 49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City reserves the right to verify all application if/formation. If current owner sells the home prior to the special assessment corifirmation, the application is no longer valid. The City also reserves the right to reject any applications that contains falsified information or insufficient documentation. The City must complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be reimbursed. CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS CONFIRMATION OF SPECIAL ASSESSMENT ROLLS SPECIAL ASSESSMENT DISTRICTS: LAKESHORE DR., MCCRACKEN TO 145' NORTH EASTERLY OF VANDERLINDE ST. And MONTGOMERY A VE., LAKETON A VE. TO SOUTHERN AVE. The location of the special assessment districts and the properties proposed to be assessed are: All parcels abutting Lakeshore Dr. from McCracken St. to 145' north easterly of Vanderlinde St. And All parcels abutting Montgomery Ave., from Laketon Ave. to Southern Ave. PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on January 23, 2007 at 5:30 p.m. At the time set for the hearing the City Commission will examine and determine whether to approve the special assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by those persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN ST ATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. You are further notified that at the first hearings the City Commission determined that the special assessment districts should be created, the improvements made, and the assessments levied. The purpose of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls. Linda Potter, Acting City Clerk Publish: JANUARY 13. 2007 ADA POLICY The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Linda Potter, Acting City Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 of TDD (231) 724-6773 Acct# 643-60447-5267 AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Lakeshore Dr., McCracken Ave. to Laketon Ave. THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALE D ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 3rd DAY o~~~ ~U . GAIL A. KUNDINGER, CITY ~ ERK SUBSCRIBED AND SWORN TO BEFORE ME THIS o<c2 '1&. DAY OF Ula cc h , 2006. ailJ1(fu _QQ . ~ NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES 7- cJS - Cl t ------RECEil/EiJ - CITY OF MUSKEGON CITY OF MUSKEGON MAR 2 4 2006 ENGINEERING DEPARTMENT Resolution No. 2006-25 ( d) Resolution At First Hearing Creating Special Assessment District For LAKESHORE DR., MCCRACKEN AVE. TO 145' NORTHEASTERLY OF CENTERLINE OF VANDERLINDE ST. Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: 1. A heating has been held on March 14, 2006 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held March 14, 2006, there were 29 .42 % objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has exainined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an ainount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance 2. Department shall prepare plans for financing including submission of application to the Michigan Depatiment of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Warmington and - - Davis - - - - - - -- - and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on the City's Special Assessment policy and preliminary estimates it is expected that approximately 21.07% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in prope1ties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes_ _W_i_e_r_e_n--'g=-o_,_c_a_r_t_e_r_,_D_a_v_i_s_ , _G_a_w_r_o_n_,_a_n_d_S-=p_a_t_a_r_o_ _ _ __ Nays_ _N_o_n_e_ __ _ _ __ _ _ _ __ _ _ _ _ _ __ __ _ __ _ __ CITY OF MUSKEGON By ~fL~r ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on March 14, 2006. 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 ~Q-~ Gail A. Kundinger,Clerk EXHIBIT A LAKESHORE DR., MCCRACKEN AVE. TO 145' NORTHEASTERLY OF CENTERLINE OF VANDERLINDE ST. SPECIAL ASSESSMENT DISTRICT All properties abutting that section ofLakeshore Dr., Mccracken Ave. to 145' Northeasterly of Centerline of Vanderlinde St. Lakeshore Drive Lakeshore Drive N L l El I W <..;JlY3" E i\,-t:~ I 1 ;,- ...--,---,--,-, -, . ' ' . ,- ~ - - . l . . " 1 s H-1609 HEARING DATE JANUARY 23, 2007 LAKESHORE DR. , McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE OF VAN DER LINDE ST. SPECIAL ASSESSMENT ROLL CRAPP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-531-0001-00 1915 FRISBIE ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $3,211.65 $0.00 $3,211.65 24-205-625-0001-00 1883 LAKESHORE DR KORNDORFER PAUL 1883 LAKESHORE DR MUSKEGON Ml 49441-1 $594.57 $0.00 $594.57 24-205-624-0003-00 1845 LAKESHORE DR GREAT LAKES MARIN 1920 LAKESHORE DR MUSKEGON Ml 49441-0 $1,956.64 $0.00 $1,956.64 24-205-624-0001-00 1831 LAKESHORE DR VERIZON INC P O BOX 152206 IRVING TX 75015 $1,619.66 $0.00 $1,619.66 24-205-622-0021-00 1777 LAKESHORE DR LAKESIDE VETERANS 1777 LAKESHORE DR MUSKEGON Ml 49441 $2,388.15 $0.00 $2,388.15 24-205-611-0021-00 1763 LAKESHORE DR MUSKEGON RECREA 1761 LAKESHORE DR MUSKEGON Ml 49441 $2,009.34 $0.00 $2,009.34 24-205-529-0004-00 1595 LAKESHORE DR WASSERMAN PROPE 1595 LAKESHORE DR MUSKEGON Ml 49441 $1,119.96 $0.00 $1,119.96 24-205-610-0001-00 1705 LAKESHORE DR CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $4,446.90 $0.00 $4,446.90 24-205-625-0004-00 1905 LAKESHORE DR GOMEZ ANTHONY S 16500 HICKORY ST SPRING LAKE Ml 49456-1 $547.63 $0.00 $547.63 24-205-530-0005-00 1637 LAKESHORE DR MCCABE JAMES 1637 LAKESHORE DR MUSKEGON Ml 49441 $922.32 $0.00 $922.32 24-205-530-0004-00 1629 LAKESHORE DR INGLOT PATRICK 599 GRAND WOODS GRAND RAPID Ml 49525 $889.38 $0.00 $889.38 24-205-530-0003-10 1623 LAKESHORE DR SCHWING PAUL D 1623 LAKESHORE DR MUSKEGON Ml 49441 $548.95 $0.00 $548.95 24-205-530-0003-00 1621 LAKESHORE DR VARBONCOEUR JOSE 1615 LAKESHORE DR MUSKEGON Ml 49441 $548.95 $0.00 $548.95 24-205-530-0002-00 1615 LAKESHORE DR VARBONCOEUR JOSE 1615 LAKESHORE DR MUSKEGON Ml 49441 $1,097.89 $0.00 $1,097.89 24-205-636-0007 -00 2085 LAKESHORE DR BVF PROPERTIES LLC 3276 BOLTWOOD DR MUSKEGON Ml 49441 $988.20 $0.00 $988.20 24-205-611-0021-40 1737 LAKESHORE DR CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,647.00 $0.00 $1,647.00 24-205-635-0001-00 1983 LAKESHORE DR WARMINGTON STEPH 1983 LAKESHORE DR MUSKEGON Ml 49441 $1,087.02 $0.00 $1,087.02 24-205-636-0005-00 2075 LAKESHORE DR HASSALEVRIS JOHN/ 2075 LAKESHORE DR MUSKEGON Ml 49441 $1,976.40 $0.00 $1,976.40 1/25/2007 Page 1 of 5 H-1609 HEARING DATE JANUARY 23, 2007 LAKESHORE DR. , McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE OF VAN DER LINDE ST. SPECIAL ASSESSMENT ROLL DRAPP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-636-0004-00 2063 LAKESHORE DR STEINBACH & STEINS 2009 LAKESHORE DR MUSKEGON Ml 49441 $988.20 $0.00 $988.20 24-205-636-0003-00 2055 LAKESHORE DR GOETZ TRACI L 2055 LAKESHORE DR MUSKEGON Ml 49441 $988.20 $0.00 $988.20 24-205-636-0002-00 2043 LAKESHORE DR STEINBACH & STEINS 2009 LAKESHORE DR MUSKEGON Ml 49441 $988.20 $0.00 $988.20 24-205-636-0001-00 2033 LAKESHORE DR DEWALD LORRAINE H 1580 NELSON ST MUSKEGON Ml 49441 $988.20 $0.00 $988.20 24-205-635-0007-00 2017 LAKESHORE DR GHEZZI RICHARD P 2017 LAKESHORE DR MUSKEGON Ml 49441 $1,087.02 $0.00 $1,087.02 24-205-625-0002-00 1891 LAKESHORE DR KORNDORFER PAUL 1883 LAKESHORE DR MUSKEGON Ml 49441-1 $502.34 $0.00 $502.34 24-205-635-0002-00 1991 LAKESHORE DR JORE LLC 144 GRAND AVE NE GRAND RAPID Ml 49503 $2,552.85 $0.00 $2,552.85 24-205-625-0003-00 1899 LAKESHORE DR KORNDORFER PAUL 1883 LAKESHORE DR MUSKEGON Ml 49441 $547.63 $0.00 $547.63 24-205-627-0005-00 1965 LAKESHORE DR WILLIAM J GIBNER LL 2125 W GLEN CT MUSKEGON Ml 49441-4 $1,087.02 $0.00 $1,087.02 24-205-627-0004-00 1953 LAKESHORE DR ERIN CARR PROPERT 1953 LAKESHORE DR MUSKEGON Ml 49441 $1,087.02 $0.00 $1,087.02 24-205-627-0003-00 1945 LAKESHORE DR THORSEN PAUL D 3377 WINNETASKA R MUSKEGON Ml 49441 $724.68 $0.00 $724.68 24-205-627-0002-00 1937 LAKESHORE DR GREAT LAKES MARIN 1920 LAKESHORE DR MUSKEGON Ml 49441 $1,268.19 $0.00 $1,268.19 24-205-627-0001-00 1927 LAKESHORE DR DHUSE ROGER 1198 CORNELL MUSKEGON Ml 49441 $1,268.19 $0.00 $1,268.19 24-205-529-0003-00 1587 LAKESHORE DR POTEMPA SHIRLEY 1587 LAKESHORE DR MUSKEGON Ml 49441-2 $724.68 $0.00 $724.68 24-205-635-0006-00 2009 LAKESHORE DR STEINBECK JOHN 18364 174TH SPRING LAKE Ml 49456 $708.21 $0.00 $708.21 24-205-609-0007 -00 1732 LAKESHORE DR GARRETT LORIL 2964 LAKESHORE DR MUSKEGON Ml 49441 $1,152.90 $0.00 $1,152.90 24-205-596-0001-20 1830 LAKESHORE DR KUBON NANCY ET AL 1830 LAKESHORE DR MUSKEGON Ml 49441 $658.80 $0.00 $658.80 24-205-596-0001-10 1824 LAKESHORE DR NYE DONALD H 1824 LAKESHORE DR MUSKEGON Ml 49441 $658.80 $0.00 $658.80 112512007 Page 2 of 5 H-1609 HEARING DATE JANUARY 23, 2007 LAKESHORE DR,, McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE OF VAN DER LINDE ST. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-596-0001-00 1812 LAKESHORE DR MCEWEN RICHARD 3789 WICKHAM DR MUSKEGON Ml 49441 $1,630.53 $0.00 $1,630.53 24-205-609-0013-00 1786 LAKESHORE DR CROW INVESTMENTS 1756 LAKESHORE DR MUSKEGON Ml 49441 $1,317.60 $0.00 $1,317.60 24-205-609-0010-00 1756 LAKESHORE DR RAANS PROPERTIES 1756 LAKESHORE DR MUSKEGON Ml 49441 $3,261.06 $0.00 $3,261.06 24-205-530-0001-00 1605 LAKESHORE DR LARSON JAMES H 1605 LAKESHORE DR MUSKEGON Ml 49441 $1,097.89 $0.00 $1,097.89 24-205-609-0008-00 1742 LAKESHORE DR LATHROP PATRICIA R 5070 EDENBROOK C MUSKEGON Ml 49441 $1,087.02 $0.00 $1,087.02 24-205-596-0002-10 1864 LAKESHORE DR PPJ INVESTMENTS LL 1864 LAKESHORE DR MUSKEGON Ml 49441-0 $2,239.92 $0.00 $2,239.92 24-205-609-0006-00 1724 LAKESHORE DR SIEDLECKI TERESA M 1724 LAKESHORE DR MUSKEGON Ml 49441 $823.50 $0.00 $823.50 24-205-609-0005-00 1716 LAKESHORE DR STEINHAUER CHERYL 1716 LAKESHORE DR MUSKEGON Ml 49441 $988.20 $0.00 $988.20 24-205-609-0002-00 1700 LAKESHORE DR FRANKLIN RONALD A 1700 LAKESHORE DR MUSKEGON Ml 49441 $2,635.20 $0.00 $2,635.20 24-205-609-0001-00 1682 LAKESHORE DR CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $2,388.15 $0.00 $2,388.15 24-035-200-0001-00 1654 LAKESHORE DR CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $1,647.00 $0.00 $1,647.00 24-205-592-0001-00 1630 LAKESHORE DR CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $3,085.82 $0.00 $3,085.82 24-205-609-0009-00 1748 LAKES HORE DR THORSEN PAUL D 3377 WINNETASKA R MUSKEGON Ml 49441 $1,087.02 $0.00 $1,087.02 24-205-596-0004-00 1930 LAKESHORE DR FELINSKI BILL W TRU 3084 LAKESHORE DR MUSKEGON Ml 49441 $3,121.07 $0.00 $3,121.07 24-205-597-0008-00 2090 LAKESHORE DR STATE OF MICHIGAN PO BOX30735 LANSING Ml 48909-8 $0.00 $0.00 $0.00 24-205-597 -0005-00 2080 LAKESHORE DR FUNK EDWARD W TR 3066 KNOLLWOOD C MUSKEGON Ml 49441 $2,964.60 $0.00 $2,964.60 24-205-597 -0004-00 2054 LAKESHORE DR FUNK EDWARD W TR 2054 LAKESHORE DR MUSKEGON Ml 49441 $1,647.00 $0.00 $1,647.00 24-205-597-0001-00 2034 LAKESHORE DR DOOM JEFFERY 2034 LAKESHORE DR MUSKEGON Ml 49441 $2,305.80 $0.00 $2,305.80 1/25/2007 Page 3 of 5 H-1609 HEARING DATE JANUARY 23, 2007 LAKESHORE DR., McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE OF VAN DER LINDE ST. SPECIAL ASSESSMENT ROLL DRAPP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-596-0007-00 2020 LAKESHORE DR 2020 BUILDING LLC 2020 LAKESHORE DR MUSKEGON Ml 49441 $988.20 $0.00 $988.20 24-205-596-0007-10 2016 LAKESHORE DR SORRENTO RESTAUR 2020 LAKESHORE DR MUSKEGON Ml 49441 $329.40 $0.00 $329.40 24-205-596-0002-00 1836 LAKESHORE DR PASTOOR JAMES R J 1836 LAKESHORE DR MUSKEGON Ml 49441 $1,317.60 $0.00 $1,317.60 24-205-596-0004-20 1950 LAKESHORE DR GREAT LAKES MARIN 1920 LAKESHORE DR MUSKEGON Ml 49441 $2,725.79 $0.00 $2,725.79 24-205-596-0008-00 1920 LAKESHORE DR GREAT LAKES MARIN 1920 LAKESHORE DR MUSKEGON Ml 49441 $2,706.52 $0.00 $2,706.52 24-205-596-0003-20 1910 LAKESHORE DR BAILEY GEORGE/DON 1920 LAKESHORE DR MUSKEGON Ml 49441 $905.85 $0.00 $905.85 24-205-596-0003-10 1904 LAKESHORE DR GOFF ROBERT SR/SH 1904 LAKESHORE DR MUSKEGON Ml 49441 $741.15 $0.00 $741.15 24-205-596-0003-00 1896 LAKESHORE DR KUSHNAK GERARD J 1037 ENGLEWOOD A MUSKEGON Ml 49441 $900.58 $0.00 $900.58 24-205-596-0002-40 1888 LAKESHORE DR PAIVA BARBARA 1880 SOUTHWOOD A MUSKEGON Ml 49441-3 $955.26 $0.00 $955.26 24-205-596-0002-30 1878 LAKESHORE DR MCNIFF WILLIAM HID 3404 FULTON MUSKEGON Ml 49441 $1,453.15 $0.00 $1,453.15 24-205-585-0001-00 1490 LAKESHORE DR CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $7,839.72 $0.00 $7,839.72 24-205-596-0005-00 1988 LAKESHORE DR GREAT LAKES MARIN 1920 LAKESHORE DR MUSKEGON Ml 49441 $4,348.08 $0.00 $4,348.08 1/25/2007 Page 4 of 5 ~ HEARING DATE JANUARY 23, 2007 H-1609 LAKESHORE DR., McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE OF VAN DER LINDE ST. SPECIAL ASSESSMENT ROLL DRAPP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL TOTALS $104,120.38 $0.00 $104,120.38 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS 7 ~UAUZAT1~~ / - J-"'7-0? DATE EVIN DAV1s"·w - J~/i-e>1- CITY COMMISSIONER DATE 1/25/2007 Page 5 of 5 January 20, 2007 From: Laureen Felinski Samples, Representative Bill W. Felinski Trust 3084 Lakeshore Dr. Muskegon,MI 49441 RECEiVED To: Muskegon City Commission City of Muskegon 933 Terrace St. CHty Clerk,; Offl~& P.O. Box 536 Muskegon,MI 49443-0536 RE: Street Improvement Assessment Property Parcel # 24-205-596-0004-00 at 1930 Lakeshore Dr. To Whom It May Concern: The intent of this communique is to request a reduction of the $3121.06 assessment assigned to our property from the recent street improvement. If you're not already aware, the business at that location, Lakeview Mart (BP gas station and convenience store) th closed on August 9 after 3 7 years. This particular street improvement was the third on Lakeshore Drive itself during that 37 years. In the last 3 years, there has been construction on surrounding streets each summer. Each of these 6 "improvement" projects significantly affected our business in a negative way. Drivers who made our business their first daily stop in years past were forced to choose different routes to work due to these projects. In most instances, once someone has become accustomed to a new route to work, they often times continue on that route once their original route has returned to being functional. The bottom line is that each of these projects cost us customers and thus a reduction in business, in addition to the cost paid to the city each time the project included Lakeshore Drive. During the previous road improvement projects during which traffic was affected on Lakeshore Drive, our business barely survived. When we were informed about the upcoming Sept. 2006 road improvement project, we knew we could never survive it this time. That's why we voted "No" when we were issued what we thought was an actual ballot concerning the project. Learning that the project was scheduled to go ahead anyway played a significant role in our decision to close the business. Literal and figurative roadblocks present themselves to independent business owners on a regular basis, and I understand that. What I don't understand is how those who have owned businesses in this city for decades, and have thus paid again and again via taxes and special assessments, for various projects therein, as well as having made all sorts of sacrifices financial and otherwise to try and keep those businesses open and serving the city, aren't shown the same consideration or given the same opportunities as those who are now deciding to be a part of this city- in other words, those who are moving to or building in downtown Muskegon. We are a private and proud family, and we don't expect to be given anything that we haven't earned. At the same time, we don't feel it's right to have to pay someone else's way, either. We had a feeling that no matter how we "voted" on this project, it was going to happen anyway. We voted against it, the project happened, and now one business is closed, and our other business on Lakeshore Drive suffered a significant financial impact. It just seems an unfair burden to have to shell out over $3,000.00 for the whole experience as well. It should be apparent that those of us who have been here for so long, believing in and investing in this city well before those who are now showing an interest in the area should be given the consideration of a break. Thank you for the opportunity to at least be heard. Sincerely, x~;k~ 8&L1,~L Laureen Felinski Samples, Representative Bill W. Felinski Trust TO: Honorable Mayor and City Commissioners FROM: Engineering DATE: Januaty 23, 2007 RE: Public Hearing Spreading of the Special Assessment Roll Montgomety Street, Laketon Ave. to Southern Ave. SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Montgomery St. from Laketon Ave. to Southern Ave., and to adopt the attached resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of$90,964.99 would be spread against the fifty- (50) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON Resolution No. 2007-l0(d) Resolution Confirming Special Assessment Roll For Montgomery St. from Laketon Ave. to Southern Ave. Properties Assessed: See Exhibit A attached to this resolution. RECITALS: 1. The City Commission determined to create a special assessment district covering the Properties set forth in Exhibit A attached to this resolution on January 24, 2006, at the first hearing. 2. The City has reviewed the special assessment roll which purports to levy a special assessment in the said district, levying on each property a portion of the cost which has been determined to be appropriate, considering the improvements, the benefit to the assessed properties, and the policies of the City. 3. The City Commission has received final bids for the construction and/or installation of the improvements and determines it to be fair and reasonable. 4. The City Commission has heard all objections to the roll filed before or at the hearing. THEREFORE, BE IT RESOLVED: I. That the special assessment roll submitted by the Board of Assessors is hereby approved. 2. That the assessments levied may be made in installments as follows: annual installments over ten ( I 0) years. Any assessment that is paid in installments shall carry interest at the rate of five (5) percent per annum to be paid in addition to the principal payments on the special assessment. RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL FOR Montgomery St., Laketon Ave. to Southern Ave. Continued... 3. The Clerk is directed to endorse the certificate of this confirmation resolution and the Mayor may endorse or attach his warrant bearing the date of this resolution which is the date of confinnation. This resolution passed. Ayes: Shepherd, Spataro, Warmington, Wierenga, Carter, Davis, and Gawron Nays: None City of Muskegon By dmda ~ Linda Potter, Acting City Clerk CERTIFI CATE This resolution was adopted at a meeting of the City Commission, held on January 23, 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. Further, I hereby ce11ify that the special assessment roll referred to in this resolution was confomed on this date, being January 23, 2007. City of Muskegon Linda Potter, Acting City Clerk EXHIBIT A MONTGOMERY ST., LAKETON AVE. TO SOUTHERN AVE. SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Montgomery St. between Laketon Ave. and Southern Ave. MONTGOMERY ST., LAKETON AVE. TO SOUTHERL'I AVE. MAYOR'S ENDORSEMENT AND WARRANT I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE. CITY OF MUS AFFlPAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON) TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: H-1608, Montgomery St., Laketon Ave. To Southern Ave. THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 11th DAY OF JANUARY 2007 LINDA POTTER, ACTING CITY CLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS ..) DAY OF 1illµtt.M'z( , 2007. ~~ Yh . /<fu~ ",(i; NOTARYBLIC, MUSKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES DS-) 3- d--f)j / January 11, 2007 OWNERS NAME OWNERS ADDRESS OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 4 Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL Dear Property Owner: The Muskegon City Commission has previously approved the project described below and will now consider final confirmation of the special assessment roll: MONTGOMERY ST.,LAKETON AVE. TO SOUTHERN AVE. Public Hearings A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday, JANUARY 23, 2007 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in writing to express your opinion, approval, or objection concerning the special assessment. Written appearances or objections must be made at or prior to the hearing. YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS CONFIRMED JANUARY 23, 2007 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-4712) OR EMAIL ADDRESS: TAXTRIB@MICHIGAN.GOV. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. The final projected cost of the street improvement portion of the project is $624.000.00 of which $90,964.99 will be paid by special assessment. If the special assessment is confirmed, your property will be assessed $2000 based on 62.5 feet assessable front footage at $32 per assessable foot for the street improvements. In addition, you will be assessed $156.6 for driveway approach and/or sidewalk improvements made to your property for a total special assessment cost of $2156.6 Following are the terms of the special assessment: Assessment Period: Ten (10) Years Interest Rate: 5% per year First Installment: $215.66 PER YEAR Due Date: March 26, 2007 The total assessment may be paid in full any time prior to the due date shown above without interest being charged. After this date, interest will be charged at the rate shown above on the outstanding balance. Assessments also may be paid over a ten year period in ten equal principal installments. If you pay your assessment in installments, your annual installment (including interest) will be included as a separate item on your property tax bill each year. Therefore, if you pay your property taxes through a mortgage escrow agent, you should notify them of this change. Early payments may be made at any time and are encouraged. PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL If you have any specific questions about the work done please call the Engineering Department at 231- 724-6707 before the hearing date. Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on the payment options and Application for Waiver of Special Assessment for financial assistance. Sincerely, 'JJ1/tt//llMi_~J:A~ Mohammed AI-Shatel, P.E. City Engineer Enclosures Special Assessment Payment Options Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public improvements may pay their assessment in the following ways: I. Lump Sum Payment in Full Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll without interest. II. Installment Payments Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows: Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as described below. Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments plus applicable interest as described below. Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money to complete the project for which you are assessed and has pledged you assessments for repayment of the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City must pay on the borrowed money plus 1.00%. Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons) To qualify for a special assessment deferral you or your spouse (if jointly owned) must: • Be 65 years or older or be totally or permanently disabled. • Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead being assessed for five (5) years or more. • Be a citizen of the U.S. • Have a total household income not in excess of $16,823.00 • Have a special assessment of $300.00 or more. Under this program the State of Michigan will pay the entire balance owing of the special assessment, including delinquent, current, and further installments. At the time of payment a lien will be recorded on your property in favor of the State of Michigan. Repayment to the State must be made at the time the property is sold or transferred or after the death of the owner(s). During the time the special assessment is deferred interest is accrued at the rate of 6.00% per year. IV. Further Information About the Above Programs Further information about any of the above payment options may be obtained by calling either the City Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's Office in City Hall. V. Additional Special Assessment Payment Assistance Qualified low and moderate income homeowners who are being assessed may be eligible for payment assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance from this program will be available to the extent that funds are available. To obtain further information and determine whether you are eligible, contact the Community and Neighborhood Services Department at 724-6717. CITY OF MUSKEGON MONTGOMERY ST., LAKETON AVE. TO SOUTHERN AVE. H 1608 r,=;===.~~~~C§§D~B~G~APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _ Social Security# _ _-_ _-_ _ Spouse: Birthdate: Social Security# _ _-_ _-_ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race: Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No (Please refer to your assessment letter for this infmmation) Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here. Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _-_ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Birthdate Social Security# _ _-_ _-_ _ ANNUAL Household Income: $_ _ __ Wage earner: (Must include all household income) Wage earner: Wage earner: Wage earner: Total: $ Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract Homeowner's Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: Property Taxes: ( ) Current ( ) Delinquent Year(s) Due (Property taxes must be current to qualify and will be verified by CDBG staff) Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that all infonnation in this application, and all infonnation furnished in support of this application, is true and complete to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO. SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE COMMENTS/REMARKS **ATTENTION APPLICANT** Please see reverse side for instructions on providing proof of income, ownership, and property insurance. CITY OF MUSKEGON MONTGOMERY ST., LAKETON AVE. TO SOUTHERN AVE. H 1608 CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT Dear Resident: The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment for you to the extent that funds are available. Application Requirements: ✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year 2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household mcome. 2005 FAMILY SIZE INCOME LIMIT 1 $28,275 2 32,285 3 36,295 4 40,410 5 43,530 6 46,800 7 50,050 8 53,300 For each extra, add 3,250 ✓ Applicants must submit proof that they both own and occupy property at the time of application; Land Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document showing both your name and address. ✓ Applicants must submit proof of current property insurance. Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with supporting documentation, to: City of Muskegon Community & Neighborhood Services 933 Terrace Street, 2nd Floor Muskegon,MI49440 For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m. The City reserves the right to verify all application i,iformation. If current owner sells the home prior to the special assessment corifirmation, the application is no longer valid. The City also reserves the right to reject any applications that contains falsified information or insufficient documentation. The City must complete the sidewalks. Costs incurred.from repairs done by you or a private contractor will not be reimbursed. AFFIDAVIT OF MAILING STATE OF MICHIGAN ) ) ss COUNTY OF MUSKEGON ) TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING: Montgomery St., Laketon Ave. to Southern Ave. THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE I 3TH DAY L UA RY, 2006. l;l;_t, Q J.,..,,,,dg,v GAIL A. KUNDINGER, CITYLERK SUBSCRIBED AND SWORN TO BEFORE ME THIS !]5"-rh DAY OF van ua , <L-- , 2006. i7 ct~ d . ~ 0 NOTARY PUBLIC, MU SKEGON COUNTY, MICHIGAN MY COMMISSION EXPIRES 9 - ,i?S - O 6 CITY OF MUSKEGON NOTICE OF PUBLIC HEARINGS CONFIRMATION OF SPECIAL ASSESSMENT ROLLS SPECIAL ASSESSMENT DISTRICTS: LAKESHORE DR., MCCRACKEN TO 145' NORTHEASTERLY OF VANDERLINDE ST. And MONTGOMERY AVE., LAKETON AVE. TO SOUTHERN AVE. The location of the special assessment districts and the properties proposed to be assessed are: All parcels abutting Lakeshore Dr. from McCracken St. to 145' north easterly of Vanderlinde St. Aud All parcels abutting Montgomery Ave., from Laketon Ave. to Southern Ave. PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of Muskegon Commission Chambers on January 23, 2007 at 5:30 p.m. At the time set for the hearing the City Commission will examine and determine whether to approve the special assessment rolls that have been prepared and submitted for the purpose of said hearing and for examination by those persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST. You are further notified that at the first hearings the City Commission determined that the special assessment districts should be created, the improvements made, and the assessments levied. The purpose of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls. Linda Potter, Acting City Clerk Publish: JANUARY 13, 2007 ADA POLICY The City will provide necessmy appropriate auxiliary aids and services, for example, signers for the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon twenty-four hours notice to the City. Contact: Linda Potter, Acting City Clerk 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 of TDD (231) 724-6773 Acct# 643-60447-5267 CITY OF MUSKEGON Resolution No. 2006-09(b) Resolution At First Hearing Creating Special Assessment District For Montgomery St., Laketon Ave. to Sonthern Ave. Location and Description of Properties to be Assessed: See Exhibit A attached to this resolution RECITALS: I. A hearing has been held on January 24, 2006 at 5:30 o'clock p.m. at the City Commission Chambers. Notice was given by mail and publication as required by law. 2. That estimates of costs of the project, a feasibility report and valuation and benefit information are on file with the City and have been reviewed for this hearing. 3. At the hearing held January 24, 2006, there were 41. 25 % objections by the owners of the property in the district registered at the hearing either in writing received before or at the hearing or by owners or agents present at the hearing, and the Commission has considered the advisability of proceeding with the project. FINDINGS: 1. The City Commission has examined the estimates of cost to construct the project including all assessable expenses and determines them to be reasonable. 2. The City Commission has considered the value of the property to be assessed and the value of the benefit to be received by each property proposed to be assessed in the district after the improvements have been made. The City Commission determines that the assessments of costs of the City project will enhance the value of the properties to be assessed in an amount at least equivalent to the assessment and that the improvement thereby constitutes a benefit to the property. THEREFORE, BE IT RESOLVED: 1. The City Commission hereby declares a special assessment district to include the property set forth in Exhibit A attached to this resolution. 2. The City Commission determines to proceed with the improvements as set forth in the feasibility study and estimates of costs, and directs the City Engineer to proceed with project design, preparation of specifications and the bidding process. If appropriate and if bonds are to be sold for the purposes of financing the improvements, the Finance Department shall prepare plans for financing including submission of application to the Michigan Department of Treasury and the beginning of bond proceedings. 3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners Spataro and _ _ G_a_w_r_on _ _ _ _ __ _ and the City Assessor who are hereby directed to prepare an assessment roll. Assessments shall be made upon front foot basis. 4. Based on_the City's Special Assessment policy and preliminary estimates it is expected that approximately 16.57% of the cost of the street improvement will be paid by special assessments. 5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all owners and persons interested in properties to be assessed of the hearing at which the City Commission will consider confirmation of the special assessment roll. This resolution adopted. Ayes Wierenga, Carter, Gawron, Shepherd, Spataro, and Warmington Nays Davis CITY OF MUSKEGON By L D~ r Gail A. Kundinger, Clerk ACKNOWLEDGMENT This resolution was adopted at a meeting of the City Commission, held on January 24, 2006. 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 EXHIBIT A MONTGOMERY ST., LAKETON AVE. TO SOUTHERN AVE. SPECIAL ASSESSMENT DISTRICT All properties abutting that section of Montgomery St. between Laketon Ave. and Southern Ave. Montgomery Street - Southern to Laketon - I I I I I 11 ! I1 c TJ IT r ":1- _ ~ illliill ~~~~:! Montgomery Street Project N W*E s H 1608 HEARING DATE JANUARY 23, 2007 MONTGOMERY ST.,LAKETON AVE. TO SOUTHERN AVE. SPECIAL ASSESSMENT ROLL DRAPP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-523-0008-00 1776 SCHUYLER ST HOUSTON LINDA F 1776 SCHUYLER ST MUSKEGON Ml 49441 $2,000.00 $156.60 $2,156.60 24-205-523-0001-00 1733 ELM ST MAXWELL ROBERT W 1733 ELM ST MUSKEGON Ml 49441 $2,000.00 $0.00 $2,000.00 24-205-521-0007-00 1364 MONTGOMERY A CHAMPION STEVEN 1364 MONTGOMERY MUSKEGON Ml 49441 $1,872.00 $0.00 $1,872.00 24-205-521-0008-00 1358 MONTGOMERY A GORYL JENNIFER 1358 MONTGOMERY MUSKEGON Ml 49441 $1,872.00 $0.00 $1,872.00 24-205-521-0001-10 1354 MONTGOMERY A RODGERSON RAYMO 5168 WICKHAM DR MUSKEGON Ml 49441 $1,872.00 $0.00 $1,872.00 24-205-521-0001-00 1348 MONTGOMERY A OLSEN JANET R 1348 MONTGOMERY MUSKEGON Ml 49441 $1,872.00 $0.00 $1,872.00 24-205-498-0007-00 1336 MONTGOMERY A GORAJEC STANLEY J 1336 MONTGOMERY MUSKEGON Ml 49441 $2,640.00 $0.00 $2,640.00 24-205-498-0007-10 1326 MONTGOMERY A FOSTER JEFFERY FIE 1326 MONTGOMERY MUSKEGON Ml 49441 $1,344.00 $0.00 $1,344.00 24-205-498-0007-20 1324 MONTGOMERY A GAGNON STEVEN M 1324 MONTGOMERY MUSKEGON Ml 49441 $1,296.00 $0.00 $1,296.00 24-205-498-0001-10 1318 MONTGOMERY A SUAREZ JOSE/TERRI 1318 MONTGOMERY MUSKEGON Ml 49441 $1,760.00 $0.00 $1,760.00 24-205-498-0001-00 1649 MCGRAFT ST COYNE KEVIN J 1649 MCGRAFT ST MUSKEGON Ml 49441 $1,760.00 $0.00 $1,760.00 24-205-495-0009-00 1296 MONTGOMERY A UNITARIAN FELLOWS 1296 MONTGOMERY MUSKEGON Ml 49441 $2,016.00 $0.00 $2,016.00 24-205-495-0010-00 1288 MONTGOMERY A 0 BRIEN SHARLENE A 1288 MONTGOMERY MUSKEGON Ml 49441 $1,696.00 $0.00 $1,696.00 24-205-495-0011-00 1284 MONTGOMERY A MITCHELL KENNETH 1284 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-495-0011-10 1280 MONTGOMERY A DAVIS JOSHUA B 1280 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-495-0012-00 1276 MONTGOMERY A VERSCHRAGEN GERA 1276 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-495-0013-00 1270 MONTGOMERY A JOHNSON MARYANN 3746 HARRIS DR MUSKEGON Ml 49441-7 $1,600.00 $0.00 $1,600.00 24-205-495-0014-00 1266 MONTGOMERY A DELELLO BARBARA J 2312 WESTWOOD RD MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 112512007 Page 1 of 4 H 1608 HEARING DATE JANUARY 23, 2007 MONTGOMERY ST.,LAKETON AVE. TO SOUTHERN AVE. SPECIAL ASSESSMENT ROLL DRAPP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-495-0014-1 0 1264 MONTGOMERY A LEAR WILLIAM 1264 MONTGOMERY MUSKEGON Ml 49441 $1,552.00 $0.00 $1,552.00 24-205-495-0003-07 1256 MONTGOMERY A LANKHORST DAVID N 1256 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-495-0003-08 1252 MONTGOMERY A LARSON CALVIN/MAR 1252 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-495-0003-09 1246 MONTGOMERY A LARSON APRILL R 1246 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-495-0003-10 1240 MONTGOMERY A LEAFERS DIANE M 1240 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-495-0003-11 1236 MONTGOMERY A ANDERSON GINGER 3730 HTS RAVENNA MUSKEGON Ml 49444-4 $1,600.00 $0.00 $1,600.00 24-205-495-0003-12 1232 MONTGOMERY A STEINER THOMAS PO BOX290 FRUITPORT Ml 49415 $1,280.00 $0.00 $1,280.00 24-205-495-0003-13 1228 MONTGOMERY A COLLEE KRISTEN M 1228 MONTGOMERY MUSKEGON Ml 49441-1 $1,280.00 $0.00 $1,280.00 24-205-495-0003-15 1224 MONTGOMERY A POSTHUMUS CINDI 1224 MONTGOMERY MUSKEGON Ml 49441 $1,120.00 $0.00 $1,120.00 24-205-520-0022-20 1395 MONTGOMERY A BAUER ERIN Z/BAUER 1395 MONTGOMERY MUSKEGON Ml 49441 $1,536.00 $0.00 $1,536.00 24-205-520-0022-10 1391 MONTGOMERY A ZATZKE BRENT U/GR 1391 MONTGOMERY MUSKEGON Ml 49441 $1,280.00 $0.00 $1,280.00 24-205-520-0022-00 1387 MONTGOMERY A PARKER BARRY A 1387 MONTGOMERY MUSKEGON Ml 49441 $1,408.00 $0.00 $1,408.00 24-205-520-0021-00 1381 MONTGOMERY A BENTON KENNETH JR PO BOX 1766 MUSKEGON Ml 49443-1 $2,112.00 $0.00 $2,112.00 24-205-520-0020-00 1375 MONTGOMERY A BADEAU WALTER WIT 8321 E TURNER CAM INVERNESS FL 34453-1 $2,112.00 $0.00 $2,112.00 24-205-520-0019-00 1369 MONTGOMERY A MUNOZ ALONZO 1369 MONTGOMERY MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00 24-205-520-0018-00 1365 MONTGOMERY A WOODS JAMES/JENNI 1365 MONTGOMERY MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00 24-205-520-0017-00 1355 MONTGOMERY A MEYERS KEITH A 2385 CRESS CREEK MUSKEGON Ml 49444 $2,112.00 $0.00 $2,112.00 24-205-520-0016-00 1351 MONTGOMERY A LANING JEFFREY 17144 STANTON ST WEST OLIVE Ml 49460 $2,112.00 $0.00 $2,112.00 1/25/2007 Page 2 of 4 H 1608 HEARING DATE JANUARY 23, 2007 MONTGOMERY ST.,LAKETON AVE. TO SOUTHERN AVE. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL 24-205-520-0015-00 1345 MONTGOMERY A MAJOR DEBRA 1669 RUDDIMAN ST MUSKEGON Ml 49441 $2,112.00 $0.00 $2,112.00 24-205-520-0014-00 1337 MONTGOMERY A JOSLIN BRETT T 1337 MONTGOMERY MUSKEGON Ml 49441 $2,112.00 $988.20 $3,100.20 24-205-520-0013-00 1333 MONTGOMERY A WHEELER GARY 4284 E FARR RD FRUITPORT Ml 49415 $2,112.00 $401.94 $2,513.94 24-205-520-0011-00 1327 MONTGOMERY A RUEGSEGGER CURTI 1327 MONTGOMERY MUSKEGON Ml 49441 $427.20 $0.00 $427.20 24-205-520-0012-00 1321 MONTGOMERY A KISON LOUIS 1321 MONTGOMERY MUSKEGON Ml 49441 $1,660.80 $0.00 $1,660.80 24-205-499-0008-00 1296 W DALE AVE WARDIE CAMERON B 1296 W DALE AVE MUSKEGON Ml 49441-2 $307.20 $0.00 $307.20 24-205-499-0007-00 1293 MONTGOMERY A VALLIERE LINDSAY K/ 1293 MONTGOMERY MUSKEGON Ml 49441 $2,620.80 $0.00 $2,620.80 24-205-499-0006-00 1291 MONTGOMERY A SPINNERETTE ENTER 514 GRANT GRAND HAVEN Ml 49417-0 $3,520.00 $0.00 $3,520.00 24-205-499-0005-10 1267 W FOREST AVE ROY JAN 1267 W FOREST AVE MUSKEGON Ml 49441 $1,376.00 $0.00 $1,376.00 24-205-494-0005-00 1243 MONTGOMERY A BOSSE WILLIAM P/JO 1243 MONTGOMERY MUSKEGON Ml 49441 $3,104.00 1,802.25 $4,906.25 24-205-494-0005-01 1237 MONTGOMERY A SUALEONE JAY/NICO 1237 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-494-0005-02 1233 MONTGOMERY A REED LORI GUNDY 1233 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-494-0005-03 1229 MONTGOMERY A HODGES EDWIN JR 1229 MONTGOMERY MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00 24-205-494-0005-04 1565 DAVIS ST MERWIN DAVID B 1565 DAVIS ST MUSKEGON Ml 49441 $1,336.00 $0.00 $1,336.00 1/25/2007 Page 3 of 4 H 1608 HEARING DATE JANUARY 23, 2007 MONTGOMERY ST.,LAKETON AVE. TO SOUTHERN AVE. SPECIAL ASSESSMENT ROLL DR APP PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL TOTALS -- ------ - $87,616.00 $3,348.99 $90,964.99 PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT BOARD OF ASSESSORS LARRY~~EQUALIZATI~~? ~ G LI'~~ a--1~ 07 LAWRECE SPATARO Cffif to~MISSIO;ER DATE L-r -o"il DATE 1/25/2007 Page 4 of 4 Date: January 23, 2007 To: Honorable Mayor and City Commissioners From: Engineering RE: Special Assessment District for Knollwood Ct. SUMMARY OF REQUEST: Assign two city commissioners to evaluate the creation of a benefit based special assessment district on Kollwood Ct. from Beach Street to the southerly end rather than a frontage one. Due to the unusual circumstances prompted by the lots configuration along Knollwood, the County's equalization office feels that the benefits gained by the abutting lots is equal among all thirteen ( 13) parcels and therefore should not be a frontage based as called for in the special assessment policy. A benefit based assessment district, if approved, will result in an assessment amount exceeding that of a frontage based one against some of the thirteen ( 13) lots within the proposed district. The two assigned commissioners would form a board along with the City's assessor as called for in chapter XIII, Sec. 7 of the City's Charter. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Appoint two City Commissioners to the board. COMMITTEE RECOMMENDATION: Benefit Analysis for the Ktwllwood Co11rt Reconstruction Project H-1625 2001 AERIAL PHOTOGRAPH 'WITH TAX MAP OVERLAY OF ASSESSMENT DISTRICT 22 Benton Avenue and \Villiams Street H~I584 MUSKEGON COUNTY M C H G A N BOARD OF COMMISSIONERS James J. Derezinski Chair, District 4 January 11, 2007 I. John Snider II Vice Chair, District 3 Mohammed Al-Shatel, City Engineer P. Don Aley City of Muskegon District 7 933 Terrace Street Muskegon, Ml 49443 Charles L. Buzzell District 2 Mr. Al-Shatel: Marvin R. Engle In accordance with your request, I have examined the proposed special assessment District 5 district entailing the reconstruction of Knollwood Court, Beach Street to end. The purpose of this analysis is to document the reasonableness ofthis special assessment Bill Gill District 8 district by identifying and quantifying any accrued benefits. It is subject to the normal governmental restrictions of escheat, taxation, police power, and eminent domain. Louis A. McMurray The effective date is January 11, 2007. District 9 In detennining the footage assessable to each property, an equivalent linear footage Robert Scolnik District 11 method was used based on the premise that each parcel in the district is a single family home site all sharing an equal benefit. Simply stated, the project does not enhance the Roger C. Wade value of any one parcel more than another. Therefore, using 988 feet of total District 10 assessable footage for the project to be spread among 13 parcels in the district equates Nancy A. Waters to a 76 equivalent linear foot benefit per parcel (988 feet I l3 parcels). Utilizing this District 6 calculation method, it is my opinion that the special assessment amounts justly and Stephen R. Wisniewski reasonably represent the accrued benefits to the properties encompassed by this District 1 project. The amounts reflect the sum of the immediate estimated value enhancement and the intrinsic value that will accrue from an overall increase in property values due to an improved quality of life created by the proposed project. The proposed special assessment district encompasses primarily residential properties. The front foot rate of$32.00 for the reconstruction of the above-mentioned project area appears reasonable in light ofan analysis that indicates a possible enhancement of$36.73. These conclusions are based upon the data presented within this limited analysis in restricted format and on supporting information in my files. Sincerely, ~a~ t,rry A.vG;.oeneveld Senior Appraiser EQUALIZATION DEPARTMENT • 173 E. APPLE AVE., BUILDING C • MUSKEGON, Ml 49442 (231) 724-6386 • FAX (231) 724-1129 TTY (231) 722-4103 •An EEO/ ADA I AA Employer DATE: January 12, 2007 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-060394(Garage) SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1614 Elwood (Garage Only) Area 13 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-060394 Elwood (Garage Only) Location and ownership: This structure is located on Elwood between E. Dale and E. Forest Streets and is owned by Marion Barringer, 1614 Elwood St. Muskegon, Ml 49442 Staff Correspondence: A dangerous building inspection was conducted on 08/31/06 and the Notice and Order to Repair was issued on 10/20/06. On 11/02/06 the HBA declared the garage to be dangerous, substandard and a public nuisance. Owner Contact: No one was present to represent case at HBA meeting dated 11/02/06. There have been no permits issued nor any owner contact. Financial Impact: General Funds Budget action required: None State Equalized value: $ 16,800 Entire Property Estimated cost to repair: $ 1,500 (Garage Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. O:\lnspections\Grabinski_Lorraine\Word\CC MEETINGS\AGENDA- 1614 Elwood -G.doc page I of I INSPECTION SUMMARY 1614 ELWOOD (GARAGE) A 400 square ft wood frame garage. The siding is rotted and missing in places near the lower portion of building. The roofing material has deteriorated to the point of exposing the wooden sheeting and framing members to the weather. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Monday, September 11, 2006 Enforcement# EN060394 Property Address 1614 ELWOOD ST Parcel #24-185-100-0002-00 Owner BARRINGER MARION Inspector: Henry Faltinowski Date completed: 08/31/2006 DEFICENCIES: Uncorrected 1. Roof covering failing missing roof covering, exposed wood sheathing. 2. Scrape and paint exterior. 3. Replace missing - rotted siding. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. Henry Faltinowski, Building Inspector Date ··- <k_L00 Dc£ qA,014,'L, DATE: January 12, 2007 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-050112 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 244 Monroe - Area 1O is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-050112 - 244 Monroe Location and ownership: This structure is located on Monroe between Fourth and Fifth Streets and is owned by Amanda Mason on Land Contract with Brian/Gretchen Foster, 3232 McMillan Rd, Twin Lake, Ml 49457. Staff Correspondence: A dangerous building inspection was conducted on 09/21/05. The Notice and Order to Repair was issued on 09/27/05. On 11/03/05 the HBA tabled case until January 2006 to allow owner to obtain appropriate permits, provide timeline for repairs and schedule inspections. The HBA on 11 /02/06 declared the structure dangerous, substandard and a public nuisance. Owner Contact: Amanda Mason and Brian Foster were present to represent case at the HBA meeting dated 11/02/05, Ms Mason stating she was seeking help thru CAAP to repair the roof and the Health Department to repair siding due to lead testing. Ms Mason later notified Inspections that CAAP had run out of funds and she then sought help thru Community Neighborhood Services which replaced the roof 02/24/06. The case came back before the HBA 11/03/06 because project appeared to have been abandoned. Notices have been returned unclaimed and property is vacant. Financial Impact: General Funds Budget action required: None State Equalized value: $15,500 Estimated cost to repair: $7,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. O:\Inspections\Grabinski_Lorraine\Word\CC MEETINGS\AGENDA - 244 Monroe.doc page I of I INSPECTION SUMMARY 244MONROE A two story wood frame single family structure and detached garage. Garage roof appears to be in a state of structural failure with bowing extremely evident. The dwelling received a new roof and new furnace approximately one year ago. The building has been abandoned by the current property owner. The front porch has been removed and large portions of building have damaged or missing siding. CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT Tuesday, September 27, 2005 Enforcement# EN050112 Property Address 244 MONROE AVE Parcel #24-205-367-0009-10 Owner MASON AMANDA Inspector: Date completed: 09/21/2005 DEFICENCIES: Uncorrected 1. Roof covering failing - replace coverings. Tarp on roof 3 months. 2. Replace all damaged sheathing on roof. 3. Provide permits and inspection on window opeings - complete proper window installations - comply with MRC 2003. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. Henry Faltinowski, Building Inspector Date ) (,I ( DATE: January 12, 2007 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-060322 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1145 Aurora(Garage)-is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-060322-1145 Aurora (Garage) Location and ownership: This structure is located on Aurora between Vulcan and Huizenga and is owned by Elaine R. Vander Wall, 1145 Aurora, Muskegon, Ml 49442. Staff Correspondence: A dangerous building inspection was conducted on 07/18/06. The Notice and Order to Repair was issued on 07/27/06. On 10/05/06 the HBA declared the structure substandard and dangerous. Owner Contact: Owner was present at the HBA meeting dated 10/05/06 with attorney stating she was suing the insurance company regarding termination of coverage after tree fell on roof of garage. No permits have been issued and no contact since that time. Financial Impact: General Funds Budget action required: None State Equalized value: $21,800 (Entire Property) Estimated cost to repair: $2,500 (Garage Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. O:\Inspections\Grabinski_Lorraine\Word\CC MEETINGS\AGENDA- 1145 Aurora(Garage).doc page I of I INSPECTION SUMMARY 1145 AURORA(GARAGE) A 500 foot wood frame garage. Roof of structure heavily damaged by falling tree. The intetior of this building has been exposed to the weather for over 1 year. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Tuesday, July 18, 2006 Enforcement# EN060322 Property Address 1145 AURORA AVE Parcel #24-280-000-0019-00 Owner VANDERWALL R ELAINE Inspector: Henry Faltinowski Date completed: 07/18/2006 DEFICENCIES (GARAGE ONLY) Uncorrected 1. SECTION OF ROOF ON GARAGE COLLAPSED. 2. REBUILD TO CODE MRC 2003 Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. Henry Faltinowski, Building Inspector Date DATE: January 12, 2007 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-060380 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 758 Orchard - Area 11 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-060380 - 758 Orchard Location and ownership: This structure is located on Orchard between Kenneth nd and Getty St and is owned by Paul Vickers 145-37 232 , Apt 2B, Rosedale, NY 11413 Staff Correspondence: A dangerous building inspection was conducted on 08/25/06. The Notice and Order to Repair was issued on 08/31/06. The HBA on 11 /02/06 declared the structure dangerous, substandard and a public nuisance. Owner Contact: Ciggzree Morris was present at HBA meeting dated 11/02/06 to represent owner. Ms Morris stated the unpaid taxes were high and said owner was trying to work with bank to do a short sale but as of that date had not been put on market yet. Neighbors were present representing the neighborhood stating kids had been playing in and out the structure and that it poses a hazard and was a eyesore. Financial Impact: General Funds Budget action required: None State Equalized value: $18,800 Estimated cost to repair: $8,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. O:\lnspections\Grablnski_Lmrnine\Word\CC MEETINGS\AGENDA - 758 Orchard.doc page 1 of 1 INSPECTION SUMMARY 758 ORCHARD A two story single family wood structure. This building is vacant and has received numerous complaints from the neighbors. This building is currently boarded up and would require exterior repairs to be a habitable structure again. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Thursday, August 31, 2006 Enforcement# EN060380 Property Address 758 ORCHARD AVE Parcel #24-205-050-0002-20 Owner VICKERS PAUL D Inspector: Henry Faltinowski Date completed: 08/25/2006 DEFICENCIES: Uncorrected 1. Side porch structually failing -foundation bowing in and columns failing, remove or rebuild to code. 2. Replace roof covering on home deteriorated, rotting out fascia and soffitt 3. Broken out back porch door and windows. 4. Scrape and paint home. Missing rotted siding. 5. Numerous broken out windows. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. Henry Faltinowski, Building Inspector Date 9/6/2006 City of !Wuskegon Request for Special Event/Special Alcohol License Fee Schedule: $50,00 administrative fee must accompany each request submitted prior to 60 days before the event $150,00 fee for applications submitted 59-45 days prior to the event $250.00 fee for applications submitted 44-30 days prior to the event $450.00 fee for applications submitted 29 days or less prior to the event **First time events will pay only the $50 fee. Failure to apply sixty days prior to event is cause to deny the request. Please fill out this form and return to the Department of Leisure Services, P.O. Box 0536, 933 Terrace St., Muskegon, MI 49443-0536. TeleJ>bone: (231) 724-6704 (Fax) (231) 724-1196 Applicant Organization :'.'h '. C..". t.. 1 'j "' ~\,\ V..' l (, Cl\ Rncc v-.e\<; De WA, \c v'v,'\ f.l r ; \~ Contact Person rv-.. \\i ,f\ C Ke.✓ Address "14(.(, l,J IA./ es-\e.,'I\ Av e Daytime Phone J Z,(_,, • 'l C> 0 l Alt. Contact # -7 l '? 4 / 4, i Spec\al Event Title 1"~ce(5 S \\0 w ';:'.2.::;·\ · Description of Eve.nt ;:i,Q..,'h"tl£ :'ie .,'\ / <;;, hDw •J o::\k~ bi\\\ Location of Event \,\)t~:,-\UV\ f\ve., b<c."i. ·,-rrd. •·· 4 \ 1Y.\ s,\. Reason for Event._--'-'~"':..."'""d"'.11.:·t.\:.,_1'-' ,,.:Q='.v'-'-·_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Tl-i--., \'d, I 1 p•ilj" 1 ~2'-1'.~3c...,._~;)._(_')~0~7~____ Hours of the Event-~,; Date(s) of Eveut_S:~'<-~'.,,~l,_ \-d, 1. &·p- 11 p / s.,~ fd,3 '1A·~p;tr,-11p Anticipated crowd size •~DO PP I/ f\; •Jd- ~ ll Will Alcohol be served X Yes _ _ _ _ No *For all alcohol related events, the applicant will provide a system of checking LD to prohibit underage drinking. (item b, Special event policy) Hours of operation shall be posted in the beverage serving area. For alcohol events, the applicant shall agree to stop selling drink tickets at I0:30 p.m. and stop pouring beverages at I I :00 p.m .• and have the area cleared by 11 :30 p.m. (Special Event policy, e, f) How will I.D. check be handled? • i: C'-vd ··. ".\ {.:,' < ~(. ·+ )" o~. ,t~~vLv;, ef/VfJ/ ,- 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 all persons pouring beer or selling beverages have received alcohol awareness training.) Checking for underage drinking and over consumption of patrons is the responsibility of the sponsoring group, not the police. (Special event policy, item g, h) . Will City Streets or Sidewalks be used? 'X, Yes _ _ _No If yes-Do they need to be closed? _X,__Yes _ _ _No 'I 2 5 trZt.-\ 1>\ v,,, ~v·,, ~ - w\t.v\., Si ~l \ S "'\ ( vvllt~~J/,[ I, 1 ar~e of Insurance Company ":)a,_ \1 ~ v 1,vi5 · l <I - • ohcy number C.C. •/ (9 3 ·· l':c·) q ~• •• 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 insured. An acceptable certificate of insurance must be submitted prior to approval. Regulations of the license/permit: I. All rules and regulations of the City of Muskegon Special Events/Special AJcohol Policy Shall be complied with. The final authority for signing the special liquor licenses, however, remains with the Police Chief 2. All City of Muskegon Ordinances shall be complied with. 3. The licensee will save the City of Muskegon harmless from all claims. 4. A proofofliability insurance in the amount of$ is required. A copy of the Certificate oflnsurance naming the City of Muskegon as additional insured is required before the permit can be approved. 5. Special requirements as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ With my signature, I certify that I have read and understand the regulation of this license/permit. I also _understand that City staff may require a meeting with applicant organization to help clarify the requests for servi~ F~lnre to attend the meeting c911ld result in th: ~eni I of the rr~quest. f'l\t#» \)\JOY\ Signature of Applicant \I I? bl~ . D Date' .• "' . "- . illQtr\f [nkn__e_d,_ · I\L, -'r.l'- • hn,-, , Y \ Date Received in O!Ttce _ _,.__:_OIU.0-='--- Staff Signature _V__::c:__ru;()_·.:_u~_uv __LA->"-' _ _V--0'--=-~-J---...4 J0-16-03 2. Michigan Department of Labor & Economic Growth MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 - Lansing, Michigan 48909-7505 Phone (517) 322-1400 ~ FAX (517) 322 -6137 APPLICATION FOR TEMPORARY AUTHORIZATION Authorized b R436.1023 (2)(3), R436.1403 2), R436.1407 and R436,1419 ofthe M.A.C. PART I: COMPLETE ALL INFORMATION IN THIS SECTION Name:Pinnacle Downtown Properties, LLC OBA: Racquets Downtwon Grill Business Address: 446 w. Western, Muskegon, Muskegon 49440 City or Village Township, if applicable County Zip Code Type of License and Number: Business Phone (include area code): 231-726-4007 THIS APPL/CATION MUST BE SIGNED BY YOUR LOCAL LAW ENFORCEMENT AGENCY (see below PART II: DESCRIBE TYPE OF EVENT BEING HELD. This information is required to process the application. APPLICATION MUST BE RECEIVED AT LEAST 10 DAYS PRIOR TO THE DATE THE EVENT IS BEING HELD OR THERE MAY NOT BE SUFFICIENT TIME FOR COMMISSION REVIEW AND CONSIDERATION. PART Ill: CHECK TYPES OF AUTHORIZATION REQUESTED AND ANSWER QUESTIONS [3]Temporary Official Permit (Check type below) Dates Requested: 2-1,2-2,2-3, 2007 Hours: AM to 7:00 AM Mon. through Sat., 2:30 AM to Mon. through Sat. or AM to Noon on Sun. (Serving alcohol hours are until 2 AM each night and not before 12 noon on Sundays- except holidays.) D Food Do you operate a full service kitchen and serve full course meals? • Yes • No If no, explain D Bowling Do you operate the bowling alley? Yes D No • If no, explain •D Golf Billiards Do you operate the golf course? D Yes D No D Miscellaneous, Please describe and explain If no, explain [3l Temporary Outdoor Service * OR D Temporary Added Space Dates Requested: Please enclose a diagram showing proposed outdoor service or added space area, existing licensed premises, any streets and all dimensions requested below. 1. Is proposed outdoor service area or added space area directly adjacent to licensed premises? 0 Yes D No If NO, how far from licensed premises? feet. 2. Are there any dedicated streets within proposed outdoor service or added space area or any intervening property between the licensed building and outdoor service or added space area? D Yes 0 No If yes, explain and include on diagram. 3. Is all of proposed outdoor service or added space area in the same governmental unit as licensed premises? 0 Yes D No If NO, please explain 4. Is proposed outdoor service or added space area or any intervening property owned, leased or rented by licensee? D Yes 0 No If no, a lease must be provided with this request. If the outdoor service or added space area will be located on city, village or township property, the governmental unit must first approve this application. * 5. Will there be table service only? D Yes 0 No If No, check "Add Bar" below 6. What are the dimensions of the proposed outdoor service or added space area? 40 feet X 80 feet 7. How will the outdoor service or added space area be enclosed? There must be a barrier that clearly marks the area. What type of barrier will be used? Tented area monitored by security staff What is the HEIGHT of the barrier? 8. What kind of security will be provided? Licensed & Bonded Security Contractor LC-146 Rev. 03/05 ~ Temporary Add Bar Cost is $350.00 Dates Requested: ~ Temporary Dance Dates Requested: 1. Dance floor must be a minimum of 100 square feet and clearly marked. 2. Please attach a diagram. ~ Temporary Entertainment OR O Temporary Topless Activity• Dates Requested: 1. Describe the type of entertainment you will provide. Live band from 8pm to 11pm on 2-1, 2-2, and 2-3, 2007 2. Describe what areas will be used as dressing rooms if needed. None PUBLIC RESTROOMS AND KITCHENS MAY NOT BE USED AS DRESSING ROOMS. 3. If the entertainment includes a contest with prizes totaling over $250 in value, questions A-E must be answered: A. Explain in detail how the contest will work. Please attach another page if needed. NONE B. Describe and state the retail value of each prize to be awarded. NONE C. Who will be paying for and supplying the prizes? NONE D. Will there be any alcoholic beverage items with a brand name logo used as prizes or part of the contest? • Yes ~ No E. Is there a cover charge or entrance fee for the contest or tournament? 0 Yes ~ No If Yes, explain. IMPORTANT: No alcoholic beverages may be used as part of any contest or as a prize for any contest! No licensee may receive anything of value from another licensee without prior Commission approval (Rule 436.1035) THE LICENSEE, AN AUT, OR/ZED CORPORATE OFFICER OR MEMBER OF A UM/TEO LIABILITY COMPANY MUST SIGN THIS APPL/CATION. Signature Date \\Q (oJ THE POLICE CHIEF OR SHERIFF WHO HAS JURISDICTION RECOMMEf'!DS THIS REQUEST. Date I - I 9- o7 ~ L . l~ Polichief or Sheriff Signature 9 ,!}--o J c.:- ,:=.,"-~ ,-.. -l:. u ,_; Street Address /Ylv.S''--c.Cc.>J. /Y}.r '-f'..)'> <-,"-f'O City & Zip Code ( W l) 7LY- c.».s-< Area Code and Phone Number 'IF REQUESTING TEMPORARY TOPLESS ACTIVITY OR THE TEMPORARY OUTDOOR SERVICE AREA IS LOCATED ON CITY, VILLAGE OR TOWNSHIP PROPERTY, THIS APPLICATION MUST BE SIGNED BY THE CLERK. This request was approved by the _c:..1_·t_y=--._c_o_m_m_i_s_s_i_o_n_ _ _ _ _ _ _On January 2 3 , 2007 City, Village Council or Township Board Date dwiA/[J I~ City, Village, Township Clerk Signature 933 Terrace Street Address Muskegon, MI 49440 City & Zip Code <231 1 724-6705 Phone Number LC-146 Rev. 03/05 LC-146 Attachment: Diagram of Proposed Temporary Outdoor Service 12. Pro erfy Layout w E s T E R N .. - .......... ·-t--+---+"-i-+--+---+-t--+--1-"-i-+--+---+--; A FOURTH S T R E E T North of Property ! Commercial Retail Property I South of Property I I Private Parking I East of Property I Closed City Street, Tented Area ! West of Propetty I Private Parking ' ' Heated outdoor tent 40 x 80 with exterior walls. Live band will Property Info perform on temporary bandstand, dancing permitted directly in ·--- ---- ---- front of band area. ··--
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