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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 12, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Fireworks Display - Muskegon Country Club. CITY CLERK
C. Liquor License Request - 197 W. Clay. CITY CLERK
D. Liquor License Transfer - Beach Party Store, Inc., 3200 Lakeshore. CITY
CLERK
E. Agreement for School Resource Officer - Muskegon Public Schools.
PUBLIC SAFETY
F. Sale of Buildable Vacant Loi at 372 W. Muskegon Avenue. PLANNING
& ECONOMIC DEVELOPMENT
G. Consideration of Bids - Park Street, Hackley to Young. ENGINEERING
H. Consideration of Bids - Diana Avenue, Ransom to Terrace.
ENGINEERING
o PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Fleet
Engineers. PLANNING & ECONOMIC DEVELOPMENT
B. Amendments to Brownfield Plan - Sidock. PLANNING & ECONOMIC
DEVELOPMENT
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Site Assessment Grant Administration Contract - Couture Environmental
LLC. PLANNING & ECONOMIC DEVELOPMENT
B. Request to Purchase Video Systems. PUBLIC SAFETY
C. Sewer Rate Adjustment. FINANCE
D. Engineering Services Agreement with Fleis & Vandenbrink for Sherman
and Henry Intersection and Sidewalk. ENGINEERING
E. SECOND READING: Amendment to the Zoning Ordinance - Residential
Parking Requirements Downtown. PLANNING & ECONOMIC
DEVELOPMENT
F. SECOND READING: Ordinance Amendment - Vehicles for Hire. CITY
CLERK
G. Special Events • Multiple Liquor License Request from Tipsy Toad Tavern.
ASSIST ANT CITY MANAGER
H. Special Events • Multiple Liquor License Request from Muskegon Eagles
Aerie 668/Fraternal Order of Eagles. ASSISTANT CITY MANAGER
I. Special Events • Multiple Liquor License Request from C.1.0. Hall and
Port City Blvd. Association. ASSISTANT CITY MANAGER
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 allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: June 12, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
nd
Commission Meeting that was held on Tuesday, May 22 .
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 12, 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, June 12,
2007.
Mayor Warmington opened the meeting with a prayer from Pastor Phillips
from the Love Fellowship Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Sue Wierenga, Chris Carter, Kevin Davis, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker
2007-48 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, May 22 nd •
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display - Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Muskegon Country Club, 2801 Lakeshore Drive, is
requesting approval of a fireworks display permit for July 4, 2007. Fire Marshall
Metcalf will inspect the fireworks on the day of the event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
D. Liquor License Transfer - Beach Party Store, Inc., 3200 Lakeshore. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Tyler Enterprises, LLC, to transfer ownership
of the 2006 SDD and SDM Licensed Business with Direct-Connection-2 from
Beach Party Store, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
E. Agreement for School Resource Officer - Muskegon Public Schools.
PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff is requesting that the
Commission approve an agreement between the City and the Muskegon Public
Schools. The agreement provides for the continuance of a full-time School
Resource Officer who is assigned to Muskegon High School. Muskegon Public
Schools has agreed to pay one-half of the annual salary of the police officer
position for a nine-month period. This agreement covers the period September
4, 2007 through June 6, 2008.
FINANCIAL IMPACT: This agreement will produce revenue in the amount of
$18,747 for the period of the agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
F. Sale of Buildable Vacant Lot at 372 W. Muskegon Avenue. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 372 W.
Muskegon (designated as parcel number 24-205-336-0009-00) to Kevin Eden, of
5621 Duck Lake Rd., Whitehall, Ml 49461. The lot is 79.75 X 132 ft. and is being
offered to Kevin Eden for $1,000. He plans to move a home from 1705 Peck
Street to this vacant land. The value of the lot was set at $1,000 by the Historic
Home Infill Program.
FINANCIAL IMPACT: The sale of this lot for the moving of a home will generate
additional tax revenue for the City and will place the property back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
COMMITTEE RECOMMENDATON: HDC recommended approval at their regular
meeting of June 5, 2007.
G. Consideration of Bids - Park Street. Hackley to Young. ENGINEERING
SUMMARY OF REQUEST: Award the contract for the reconstruction for Park St.
from Hackley Ave. to Young Ave. to Jackson-Merkey Contractors, Inc. of
Muskegon, Ml since they were the lowest responsible bidder with a bid price of
$249,699.60.
FINANCIAL IMPACT: The construction cost of $249,699.60 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson-Merkey Contractors,
Inc.
H. Consideration of Bids - Diana Avenue, Ransom to Terrace.
ENGINEERING
SUMMARY OF REQUEST: Award the contract for the watermain replacement
and minor service upgrade for Diana Ave. from Ransom St. to Terrace St. to
Felco Contractors, Inc. of Muskegon Ml since they were the lowest responsible
bidder with a bid price of $39,552.20
FINANCIAL IMPACT: The construction cost of $39,552.20 plus engineering costs
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Felco Contractors, Inc.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus item C.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2007-49 ITEM REMOVED FROM THE CONSENT AGENDA:
C. Liquor License Request- 197 W. Clay. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Kathleen Riegler for a New SOM License
and On-Premise Seating for her business located at 197 W. Clay Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
liquor license request for 197 W, Clay.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
2007-50 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Fleet
Engineers. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Fleet
Engineers, 1800 E. Keating Avenue, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1800 E. Keating,
Muskegon. The total capital investment is approximately $209,076 in personal
property and $800,829 in real property. This request qualifies Fleet Engineers for
a term of lwelve (12) years for real property and six (6) years for personal
property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of lwelve ( 12) years for real property
and six (6) years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. Wess Eklund from Fleet Engineers explained what the company does.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing and approve the request for an Industrial Facilities Exemption
Certificate for Fleet Engineers.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
B. Amendments to Brownfield Plan - Sidock. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Sidock Properties, LLC in
the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
a commercial project will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for June 12, 2007, at their May 22, 2007 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions, and it has
been published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on May 15, 2007 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
The Public Hearing opened to hear and consider any comments from the
public.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and approve the resolution for the amendment to the Brownfield
Plan for Sidock Properties.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2007-51 NEW BUSINESS:
A. Site Assessment Grant Administration Contract - Couture Environmental
LLC. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Contract with Couture Environmental
Strategies LLC for continued administration of the Brownfield Grant, in amount
not to exceed $27,000 and to amend the budget to move $27,000 from the
General Fund Contingency into the Planning & Economic Development budget.
FINANCIAL IMPACT: There is an additional amount of $27,000 required to
continue to contract with Couture Environmental Strategies LLC.
BUDGET ACTION REQUIRED: The funds will be allocated from the General Fund
Budget Contingency. The Planning, Zoning and Economic Development
Budget will require an amendment for line item #80400-5300 (Contractual
Services) for an addition of $27,000.
STAFF RECOMMENDATION: To approve the Contract and authorize the Mayor
to sign. Also, to approve the budget amendment to place $27,000 from the
General Fund Contingency into the Planning & Economic Development budget.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the site assessment grant administration contract with Couture Environmental
Strategies LLC.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
B. Request to Purchase Video Systems. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting permission to
purchase 1wenty (20) digital in-car video systems from L3 Communications of
Boonton, New Jersey. These systems will replace the current DVD systems that
have been in place for approximately three years. The new systems are a
"hard-drive" system that have no moving components in the vehicle and do not
have the environmental requirements (heating/cooling) that are needed for the
currents systems. Police department staff has researched these units with the
assistance of staff from Information Technology and the Department of Public
Works. This system is in place in a number of police departments in the state and
we have also reviewed its performance with these agencies. Costs for the
system are as follows:
Video systems, components and sof1ware: $143,750.25
Computer server: $ 28,055.00
FINANCIAL IMPACT: Funds for the video systems ($143,750) would originate with
the City's Equipment Fund. Funds for the server would come from the Criminal
Forfeiture Account.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of purchase.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the request to purchase video systems for the Police Department.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
C. Sewer Rate Adjustment. FINANCE
SUMMARY OF REQUEST: The City last adjusted sewer rates (a 16% increase) on
January 1, 2006 in response to County fee adjustments triggered by changes at
Sappi and by new indebtedness taken on to finance system improvements.
However, actual 2006 financial results for the sewer fund indicate the increase
was inadequate. In addition to the County fee increases, the sewer fund has
been hit with an unexpected (and unexplained) surge in usage in the last 1wo
years:
12-Month Period Usage (MG) %Increase
May 2006 - April 2007 2027 8%
May 2005 - April 2006 1869 11%
May 2004 - April 2005 1682
The increased usage is hard to understand in light of plant closings (e.g.
Brunswick, Bekaert) and in light of the fact that flows for other communities are
stable or falling. Staff is in discussion with the County on possible metering issues,
but at this point a further 15% rate increase is needed to stabilize sewer fund
finances.
FINANCIAL IMPACT: The sewer rate adjustments will generate an estimated
$710,000 additional annualized revenue for the City's sewer fund.
BUDGET ACTION REQUIRED: None at this time. If the rate increase is approved, it
will be incorporated into the second quarter budget reforecast together with
the higher anticipated County treatment costs.
STAFF RECOMMENDATION: Adoption of the fee adjustment resolution.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the sewer rate adjustments as proposed.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
D. Engineering Services Agreement with Fleis & Vandenbrink for Sherman
and Henry Intersection and Sidewalk. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering service
agreement with Fleis & Vandenbrink to modify plans, specification and
engineer's estimate along with design of a sidewalk along the north side of
Sherman between Barclay & Henry. The services to be provided consist of
modifying the plans to meet Michigan Department of Transportation's (MDOT)
guidelines since we were fortunate to receive not only federal funds, but if we
were to get those plans in to MOOT soon, we have been approved for the state
money to offset the local match. The total not-to-exceed fee is $11,900. Fleis
and Vandenbrink had the lowest proposed fee of two proposals received. One
other consultant declined to submit a proposal.
FINANCIAL IMPACT: The cost to the City is limited to the engineering cost for the
modifications of the plans of $11,900, plus construction engineering of 10%. The
total estimated cost of the project is $270,000, of which $216,000 is from an
approved Federal grant and the remaining $54,000 is from the State's "Jobs
Today Program."
BUDGET ACTION REQUIRED: None at this time, however, the second budget
forecast would have to be revised to address the modification cost of $11,000.
STAFF RECOMMENDATION: Authorize staff to enter into an Engineering Services
Agreement with Fleis & Vandenbrink.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to authorize
staff to enter into the engineering services agreement with Fleis & Vandenbrinks
for Sherman and Henry.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
E. SECOND READING: Amendment to the Zoning Ordinance - Residential
Parking Requirements Downtown. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2326 (Off Street Parking,
#12) of Article XXIII (General Provisions) to reduce the residential parking
requirement in the Downtown Parking Overlay District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to reduce the residential parking requirement in the Downtown
Parking Overlay District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May l 0, 2007 meeting. The vote was unanimous
with T. Michalski and T. Harryman absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the amendment to the Zoning Ordinance for residential parking requirements
downtown.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: Davis
MOTION PASSES
F. SECOND READING: Ordinance Amendment - Vehicles for Hire. CITY
CLERK
REMOVED
G. Special Events - Multiple Liquor License Request from Tipsy Toad Tavern.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Tipsy Toad Tavern, 609 W. Western Ave., is requesting an
extension of their current liquor license to be able to serve alcohol outside in an
entertainment area during the Muskegon Summer Celebration (June 28 th
through July 8 th ). The following temporary alcohol licenses have been issued for
this time period: Muskegon Summer Celebration, and Mike's Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
request at their May 21 st meeting.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
special event multiple liquor license request from Tipsy Toad Tavern.
ROLL VOTE: Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
H. Special Events - Multiple Liquor License Request from Muskegon Eagles
Aerie 668/Fraternal Order of Eagles. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is
requesting an extension of their current liquor license to be able to serve non-
members during the Muskegon Summer Celebration (June 28 th through July 8th ).
The following temporary alcohol licenses have been approved for this time
period: Muskegon Summer Celebration, and Mike's Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
request at their May 21 st meeting.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the special event multiple liquor license request for Muskegon Eagles aerie
668/Fraternal Order of Eagles.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
I. Special Events - Multiple Liquor License Request from C.1.O. Hall and
Port City Bldg. Association. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: C.1.O. Hall and Port City Bldg. Association, 490 W.
Western Ave., is requesting a temporary liquor license during the Muskegon Bike
Time Event, Scheduled for July 20 th through July 22, 2007. The following have
already been approved: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad,
and Mike's Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board has approved this
request at their May 21 st meeting.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the special event multiple liquor license request from C.1.0. Hall & Port City Bldg.
Association.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington recognized County Commissioner
Collins who was in attendance.
PUBLIC PARTICIPATION: Comments were heard reference no street lights on
Sumner Avenue and reference the Sieradzki home.
ADJOURNMENT: The City Commission Meeting adjourned at 6:38 p.m.
Respectfully submitted,
C
~"-0/~,\~\J\\,,\, Q~\J{,\, '\
Ann Marie Becker, MMC
City Clerk
Date: February 27, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Fireworks Display - Muskegon Country Club
SUMMARY OF REQUEST: Muskegon Country Club, 2801 Lakeshore
Drive, is requesting approval of a fireworks display permit for July 4,
2007. Fire Marshall Metcalf will inspect the fireworks on the day of the
event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
FM-49 (6099)
MICHIGAN STATE POLICE
FIRE MARSHAL DIVISION
PERMIT
FOR FIREWORKS DISPLAY
2007-48{b)
This permit is not transferable. Possession of this permit authorizes the herein named person to possess,
transport, and display fireworks in the amounts, for the purpose of and at the place listed below only.
~ PUBLIC DISPLAY 0 AGRICULTURAL PEST CONTROL
Issued To I Age (18 or over)
MELROSE PYROTECHNIC& INC
Address
P.O. BOX 123, BELDING Ml 48809
Name of Organization, Group, Firm, or Corporation
Muskevon Countrv Cluh ·.
Address
2801 Lakes/wre Drive. M11ske2on. Ml 49441
Number and Types of Fireworks
Approximately 1,200 aerial display shells ranging in size from 11/4 inches to 8 iriclies in diameter
Exact Location of Display
2801 Lakeslwre Drive
City, Village, Township / Date Time
M11ske2on Jut, 4, 2007 Dusk
Bond or Insurance Filed?
[:8:l Yes • No
Amount
$5,000,000.00
Issued by action of the • council Im commission • board of the
00 city D village • township of Muskegon
(Name of City, Village, Township)
day of June 2007
ounc1 Commission/Board Representative)
Mayor
AUTHORITY: 1968 PA 358
COMPLIANCE: Required
PENALTY:
Muskegon Country Club
May 29, 2007
Linda Potter, CMC
Deputy Clerk, City of Muskegon
933 Terrace Street
Muskegon,MI 49440
Dear Ms. Potter,
Muskegon Country Club is in the process of planning our annual Fourth of July
Celebration. I am enclosing the fireworks permit, certificate ofliability insurance and
the application fee of $50.00.
Our fireworks display is planned for Wednesday, July 4•, 2007. Please call me if you
have any questions. I can be reached at 231-755-3737.
Most Sincerely,I~
Rebe ca Harding
Banquet Coordinator
- . U
2801 Lakeshore Drive • Muske8on. Michi8an 49441
Clubhouse (231) 755-3737 • fax (231) 755-5759
FM-51 (3-98)
MICHIGAN STATE POLICE
FIRE MARSHAL DIVISION
APPLICATION FOR FIREWORKS DISPLAY PERMIT
igj PUBLIC DISPLAY • AGRICULTURAL PEST CONTROL Date of Application 1/30107
Address Age (18 or over)
Name of Applicant
MELROSE PYROTECHNICS, INC. P.O. BOX302, KINGSBURY, JN 46345
If a Corporation, Name of President Address
MlCHAEL CARTOLANO P.O. BOX 302, KINGSBURY, IN 46345
If a Non-resident Applicant: Name of Ml Address Phone No.
Attorney or Resident Agent (616) 794-0205
MIKE VANLOO P.O. BOX 123, BELDING, Ml 48809
Name of Pyrotechnic Operator Address Age (18 or over)
P.O. BOX 123, BELDING, MI 48809 37
MIKE VANLOO
No. Years Experience No. Displays Where
14 YEARS 250+ MICHIGAN, ILLINOIS, INDIANA, KENTUCKY, OHIO
Name of Assistant: Address Age
JOHNKLAPKO P.O. BOX 123, BELDING, MI 48809 43
Name of Other Assistant: Address Age
SCOTT FERMAN P.O. BOX 123, BELDING, MI 48809 39
Exact Location of Proposed Display
Muskegon Co1111try Club grounds
Date of Proposed Display July 4, 2007 Time of Proposed Display. Dusk
No. Of Fireworks Kind of Fireworks to be Displayed
Armroximate[v 1,200 Aerial displa_v site/ls ranribw in size from 1114 incites to 8 incites in diameter
Manner & Place of Storage Prior to Display (Subject to Approval of Local Fire Authorities)
NO STORAGE NECESSARY, DELIVERED ON DATE OF DISPLAY
Amount of Bond of Insurance {to be set by local gov't) ! Name of Bonding Corporation or Insurance Company
$5,000,000.00 BRITTON-GALLAGHER & ASSOCIATES
Address of Bonding Corporation or Insurance Company
6240 SOM CENTER RD., CLEVELAND OH 44139
Signature of Applicant
7llEit/IIa lfaJ;JJ£JI'
II
For Melrose r>.,roteclmics, Inc.
V
SEE OTHER SIDE FOR INSTRUCTIONS
Authority: 1968 PA 358
Compliance: Voluntary but a permit will
not be issued without an
application .
•
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PAY FIFTY AND 00/100 DOLLARS
EXACT LY
PA'( TO THE
CITY OF MUSKEGON
ORDER OF:
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05/19/2007 09:44 2193935710 MELROSE PYROTECHNICS PAGE 02
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
l1AOPUCER Phone: 410~240-4111 Fax: 440-248-5406 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I OAT£ (MMJOD{'(YVY)
6/19/2007
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Britton-Gallagner and Associates, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6240 SOM Center. Rd, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cleveland OH 44139
INSURERS AFFORDING COVERAGE NAIC#
ltl5UR-=:tl 1N8VRtRtt.:. T '"'Xing_t:.Q!}_ln.~q_e Co
Melrose Pyrotechnics, Inc. INSLIAl:R B: Gr a ~ , t ~n.sJ.lX.fill£_e ~ . ~ u.ill
P.O. Box 302
Kingsbury IN 46345 INSURl:RC;A~~cialty Inaura~Q
INSURER •:rrr..,...,vel_~demnity f"n 12S.'.' C 8
1NSUR~RE:
COVERAGES
THE POLICIES or INSCTRANCE LISTEO E~LOW HAV'Jil BEEN ISSUED TO THE INSURED NAMED ABOVE FORT~ POL!CY VERIOO INDICATED.
NOTWITHSTANDING ANY REQUlREMENT, TERM OR C:OND:C'l'ION or l\)'r.{ CONTRACl' OR OTHER DOCUMENT WITH Rli!SPEC:T TO WHICH T~IS
CERTtFIC.l\TE MAY a~ ISSUED OR MllY PERTAIN, TH£ I~SUR.ANCE AFfORDED BY THE POLICIES DESCRIBED HEnEIN IS SUBJECT ~a ALL TITT!
TERMS, F.XCLOSIONS AND CONDITIONS OF SVCH POLICl!S. AGGREGATE LIMITS S1-tOWN MA~ W,.VE BElllN R.EDUC:EtJ BY PAID CLI\IMS,
l~~~ -"DD' POLICY EFF!ECTIV6 POLIC'Y~PtR-"TION
poucv NUMBl!'.R LIMIT$-
'"""'
I\. OENl!R:Al. LIAB!UTY 6990166 l/15/;J007 1/J.5/2008 EACI-I OCCURRENCE , 1,_QQQ.,_O_QJL_
r-''
llL COMMERC!/\l. GENERAL LIADILITY i~€M1ses (E~~cq,-..;Mo) ISQ, 00_0
,- '=1 CLAIMS MADI: Ii] OCCUR MEO (:l)(p (Anyone 1,er11r;,n)
''1
,_ PERSONAL &A.rNJNJURY q_o_n ooo
,- QENERAL AGGREGATE ,2 ,_000,000
000 _0 00
n
n ' L "-GGREOATE Ll~IT APPUES PER:
POLICY !xl ~~,P.,: LOC
PFI.ODUCTS • CO~PIOP AGO
"
B ~l'QMDBILE LIABILITY Cl\.626S9314 1/15/7-007 1/15/2008 COMBINE:O SINGLE LIMrT
/Elf nllohh,n1) S-J.1 000, 000
[z_ ANY AUTO
, - Al.I. OWN GD AUTOS BO • ILY!NJVR.Y
--- SCMEDULED AUTOS (Perp,r~Dn) •
L HIREOAIJTOS BODILY INJURY
x_ NON.OWNED AUTOS (Per tlCCldenl)
'
,- PROPERTY DAMAGE
Wer ~cr:ldnnl) •
GARA OE LIAIJ1L1TY AUTO ONLY. cA ACCIDEITT s
~ ANYAUTO OTHEl'l THAN ~- •
AUTO ONLY:
'14,000 ,J)nn
AGG
C
tij OCCUR •
EXC!!UNMII RELLA. LIAO\Ul"I'
CLAIMS MADE
Ul.,1/00056~2 1/15/2007 1/15/2008 EACf-1 OCCURRENCE
AGGREGATE !4 0,.0,Q,DQQ
8
X
OEOUCT!BLE
$10
'
's
]OJ.ti• '
Rl:TENT!ON nnn
X I -\;'.~~!~Tu• I
D WORKERS C01,lPl;NSA.TION AND
E!APLOYtRS' LIABEl.ll"Y
ANY PROPFll8TDR/PAATNERJEXECUTIVF.
401X5907 (MI) 4/l/2007 4/J./2008 JJ.6~
E,l,, l:;ACH ACCIDENT ,, ooo __o_o_o_
OFflCER/MEMtlER 1:'.XCLUDED? EL DISEASE· EA ~MPLOYEE 11 00.0~ nnn
rfiH (1111mlboundOT"
S ECIAL PROV!SIONS b"11lw E,L, Ol9~SE • POUOY L!MfT s1 nrin nnr.
OTHER
'Oli,CA,lf'llON OF OPERATIONS/ 1..DCATIONS I VEHICLE9/ EXCLUSION.~ ADDEO l:IY ENOOR.s-1::MIBNT I SPll;ClALPROIJISlOM!J
ioISPLAY DATE: July 4, 2007 LOCJ\TION: Musk,~gon Country Club, Muek€"gon, Michigan ADDITIONAL lWSURED~ Muske.gen Country
f:lub; City of Muek€9cn, all elected i,.nd app,;:iint,::d officials, nll ernployee,'3 i,nd volunt~c)';'~, all boa:r:0.a, commiaaions,
~d/or a1.1thcritiev and boa:rd members, including employeeci and volunteer.a thereof
CERTIFICATE HOLDER CANCEU..ATION
SHOULD 1\NY OF T8E ABOVE OESCRIBE• POLICIES ;BE CPJ-1Cl!:LJ/€D
B'81:0RE TRE EXPIRP.'l'lON DJ\TE THER~OF, THE ISSU!NQ INSORER
Cicy of Muskegon WILL ENDEll.VOR 1'0 1-11'.IL 30 DAYS WRITTEN NOTlCE TO THE
933 Terrace St:reet CERTIFICATE HOLDER N»fED TO THE LEFT., BOT FAILUR:E TO DO SO
Muskegon MI 49440 SWU.L IMPOSE NO OBLIGATION OR LIABILITX OF J\NY KIND UPON
THE 7.N'SOR.ER, 1TB AGENTS 0~ REPRESENTATIVES.
AUTHOJUZl:;D REPIU'i:lClNlATIVI;
tft.,J2j,&=,
ACORD 25 (2001108) @ACORD CORPORATION 1988
Date: June 12, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Liquor License Transfer
Beach Street Party Store, 3200 Lakeshore
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Tyler Enterprises, LLC, to
transfer ownership of the 2006 SOD and SOM Licensed Business with
Direct-Connection-2 from Beach Party Store, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www.muskegonpolic.:e.mm Phone:231-724-6750
Muskegon, Michigan FAX: 231-722-5140
49443-0536
June 5, 2007
To: City Commission through the City Manager
From:
ony L. Kleibecker, Director of Public Safety
Re: Liquor License Transfer - 3200 Lakeshore Drive
Transfer of 2006 SDD and SOM Licensed Business with Direct-Connection-2.
The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation of applicant Tyler Enterprises, LLC, comprised of Aaron Tyler of 2082 Geneva Lane
in Muskegon.
Tyler Enterprises, LLC. is requesting to transfer ownership of 2006 SOD and SOM licensed business with
Direct-Connection-2 from Beach Party Store, Inc. Aaron Tyler has no experience in the alcohol service
industry and is aware of the Muskegon Police Department's position on enforcing local alcohol laws and
ordinances. The applicant has also been made aware of the following two websites for additional training
opportunities; the Michigan Licensed Beverage Association and the Liquor Control Commission.
A check of Muskegon Police Depaiiment records and criminal history showed no reason to deny this
request.
ALK/kd
Michigan Department of Labor & Economic Growth
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)]
April 9, 2007
THE CITY OF MUSKEGON
C/O CITY CLERK
933 TERRACE ST
PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID#: 4i3278
The Michigan Liquor Control Commission has received an application from TYLER ENTERPRISES, LLC
REQUEST TO TRANSFER OWNERSHIP 2006 SDD AND SDM LICENSED BUSINESS, DIRECT-CONNECTION-3
LOCATED AT 3200 LAKESHORE, MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM BEACH PARTY
STORE, INC.
Home address and telephone number:
AARON C. TYLER 2082 GENEVA LANE, MUSKEGON, Ml 49441, (231) 206-0509-H (231) 759-7006
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SOD) 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 m11y 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.
Vlr/mls
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 with Disabilities Act, you may make your needs known to this agency.
Penally: No license
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 06-05-07
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Aaron Tyler of 2082 Geneva
Lane, Muskegon, ML 49441 who represents Tyler Enterprises, LLC. of 3200 Lakeshore
Dr. Muskegon, Mi. 49441; Beach Street Party Store.
Mr. Tyler is requesting to transfer ownership of 2006 SOD and SOM licensed business
with Direct-Connection-2 from Beach Party Store, Inc. Mr. Tyler 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. The applicant has
also been made aware of the following two websites for additional training opportunities;
the Michigan Licensed Beverage Association and the Liquor Control Commission.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/common/liquor/Tyler
YI]:). 73
vU11
JENNIFER M.
GRANHOLM
GOVERNOR •
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
KEITH W. COOLEY, DIRECTOR
NIDA R. SAMONA
CHAIRPERSON
S-:JJ-t.>7
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
April 9, 2007
Muskegon Police Department
Chief Anthony L. Kleibecker
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536
Request ID# 413278
Chief Law Enforcement Officer
Applicant: REQUEST TO TRANSFER OWNERSHIP 2006 SDD AND SDM LICENSED BUSINESS
WITH DIRECT-CONNECTION.aLOCATED AT 3200 LAKESHORE, MUSKEGON, Ml 49441,
MUSKEGON COUNTY FROM BEACH PARTY STORE, INC.
Please make an investigation of this 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, orfor 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 and recommendations of the applicant to the Licensing Division.
(X) Please include fingerprint card(s) and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400.
Vlr/mls
LC-1972 Rev01/02
4880-1658
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/lcc • (517) 322-1345 Lansing Office• Fax (517) 322-6137
Michig~.. Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# 413278
Lansing, Michigan 48909-7505
Business ID# 192193
POLICE INSPECTION REPORT
(Authorized by MCL 436.1217)]
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code)
TYLER ENTERPRISES, LLC 3200 LAKESHORE, MUSKEGON, Ml 49441, MUSKEGON COUNTY
REQUEST FOR: TRANSFER OWNERSHIP 2006 SOD AND SDM LICENSED BUSINESS WITH DIRECT-CONNECTION-~FROM
BEACH PARTY STORE, INC.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
AARON C. TYLER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
2082 GENEVA LANE, MUSKEGON, Ml 49441, (231) 206-
0509-H (231 \ 759-7006
DATE OF BIRTH: $ -1 s'• (.,S 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
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
D Yes • No D Yes D No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finaerorinted: 6 - '1- 0 l Date finaerorinted:
Attach the finaerorint card and ~30.00 for each card and mail to the Michiaan Liauor Control Commission. I
ARREST RECORD: •
Felony 1is(Misdemeanor ARREST RECORD: Felony • Misdemeanor •
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
ti'/5 ·r,-,..ne,, - >v>/1. lie.
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?
D Yes, complete LC-1636
Are gas pumps on the premises or directly adjacent? No •
Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ID
es D No
If you are recommending approval subject tcicertain conditions, list the conditions: (attach a signed and dated report if more space is needed)
Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ".%1' Yes D No
2. Is the proposed location satisfactory for this business? Yes D No J8l
3. Should the Commission grant this request? ~es D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
L .I ~
Date
MUSKEGON POLICE DEPARTMENT
LC1800Rev. 07106) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1217 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 this agency.
Penaltv: No License
2007-48(d)
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
At a --~R'-'e~g,__ucc-1=-c=a-=r~~------- meeting of the ____c_i...,t,,.,y~c_o_m_m_1_·s_s~i_o~n______
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on June 12, 2007 at 5: 30 P.M.
The following resolution was offered:
Moved by Comm is s ion er Carter and supported by _ _:C:..:o:..:m=m=i-=sc.:s:..:i:..:o=-n=e=r--=S:..:h:.:e=--e:p.::h:..:e:..:r:..:d=----
That the request from Tyler Enterprises, LLC, 3200 Lakeshore, Muskegon,
MI 49441, Muskegon County, to transfer ownership of the 2006 SDD
and SDM Licensed Business with Direct-Connection-2 from Beach Party
Store, Inc.
be considered for Approval
---~~------(ccA,-,,-,,"""',J-0,~D~isap-p-,o,~,1~1- - - - - - - - - - - - - - - - - -
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
--------'-------- ------------
Nays: _ _ __co_ _ _ _ _ __ Nays: _ _ _ _ _ _ _ _ _ __
Absent: o
-------'"------------ Absent:
-----------
It is the consensus of this legislative body that the application be:
Recommended 7d,""d)_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
-------------'=,("°Rcr°',m'-',m"'ea'cd,=-;dcc.o,c:.ao'clR,"ec'-,m-m"'ea for issuance
State of Michigan _ _ _ _ _)
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adoptedbythe City Commission at a Regular
(Township Board, Ciiy or Village Council) -----=-~,.~,,~,,-y-o,~s,-ec~i,i~J- - - - - -
meeting held on June 12, 2007.
(Date)
SEAL (Signed)~\ ,:_\~W\,i ·, V;,K ~y ,L/1
(Township, City of Village Clerk)
Ann Marie Becker, MMC
933 Terrace, Muskegon, MI 49440
(Mailing address of Township, Chy of Village)
4-/ ~·
LIQUOR LICENSE REVIE\V FOR.1,1
Business Name: z:;/4 C ciz1-e920J e-; I~ C
AKA Business Name (if applicable): Deqck li?;:fa: S/4Jce
Operator/Manager's Name.: ftacatz C ~r
Business Address:
Reason for Review:
New License D Transfer of Ownership Ji?{ 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 Safe(Y. Approved (llJ 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 i
Please return to the City Clerk'~ce
L · l~ -
Gail A. Kundinger,
Liquor License Coordinator
--,-,,_,.,-,
AARON C. TYLER
LISA M. TYLER 3023
2082 GENEVA LANE
MUSKEGON, Ml 49441
&-4-o"+--
0-
DATE
~8l~'oF C'17 (11 \.ls 1<-G""&--a',-I I $ ::l,'oi). 6b
LA$., Urur!hd £ .
{:t-~Jrrr-,~ZJr---,~'iflf:oLLARS @ !!![ii!:,
~~-:~:~:-:_::._:_:l_"l_l,~2-,:-•-·-•-•-•-• -.-2-. ,,/441'2~---'"'
Michigan Department of Labor & Economic Growth
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)]
April 9, 2007
THE CITY OF MUSKEGON
C/O CITY CLERK
933 TERRACE ST
PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID#: 413278
The Michigan Liquor Control Commission has received an application from TYLER ENTERPRISES, LLC
REQUEST TO TRANSFER OWNERSHIP 2006 SDD AND SOM LICENSED BUSINESS, DIRECT-CONNECTION-3
LOCATED AT 3200 LAKESHORE, MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM BEACH PARTY
STORE, INC.
Home address and telephone number:
AARON C. TYLER 2082 GENEVA LANE, MUSKEGON, Ml 49441, (231) 206-0509-H (231) 759-7006
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.
Vlr/mls
LC-3104(Rev. 09/05)
Authority: R436.1105(2d) and (3)
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, elc.. under the Americans
I
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency_
Penalty: No License
LIQUOR LICENSE REVIE\V FORl\1
Business Name: ZK/4c cSzl-e1/.JuJes.
r 7
It! C
AKA Business Name (if applicable): ;Jeqc./ &~ Sfece
Operator/Manager's Name_: docoa C {y'Ar
Business Address:
Reason for Review:
New License D Transfer of Ownership ~ Dance Permit D
Drop/Ad.d Name on License D Transfer Location - •
-
Drop/Add Stockholder Name D B.E.CE.\\/E.O sew Entertainment Permit D
Other BPR l 6 W~l «
s1<£GCN--at
1n Of MU ~ arr\
Deadline for receipt of all inform~ ~ , p_;:1._o_E_P _ _. _ _ _ _ _ _ _ _ __
Public Safety Approved ~ ) Denied D No Action Needed D
Income Tax Approved ~ Owing D Amount: ----
Treasurer ·Approved D Owing D Amount: ----
Zoning Approved D Denied O 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
t/-1 ft,
LIQUOR LICENSE REVIE\V FOR1V1
Business Na·me: Zi/4 c c:S1-c;;12t?J e ~ /,! C
AKA Business Name (if applicable): /Jeqck f&r:J¥ Sfece
Operator/Manager's Name: /tqco12 C z;;Ykr
- Business Address:
Reason for Review:
New License D Transfer of Ownership yef' 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~ 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_ _. -~---...;;.....;&
:.; . _6~ _-----.____________
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FOR.1,1
Business Name: -;;i/4c . /41-eiv'/'/se.
r s
7
it! C
AKA Business Name (if applicable): beqe-} &rfa Shce
Operator/Manager's Name_: ftacoa C {]lier
Business Address:
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License D_ Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
---------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved~ Denied D Pending ZBA •
Clerk's Approved D Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~4 af7'.'.':--
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FOR1,1
Business Name: z;i/4 C <221-e~aoJ e --s It! C
AKA Business Name (if applicable): Deqck /6~ Shce
Operator/Manager's Name_: docotz C {:Yl(r
- Business Address:
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
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 Approv~ 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 FORlVI
Business Name: zY!cc 611-c92uJe5;; I! c
AKA Business Name (if applicable): Deqck /6cfa: SlCJce
Operator/Manager's Name_: ffecoa C {Jl/4r
Business Address:
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License D Transfer Location - •
Drop/Add Stockholder Name 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~ Denied D Remaining Defects D
_ Department Signature_ _~d"---;...._----"--¥------------
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Affinnative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
City Manager
(231 )724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231)724-4405 June 6, 2007
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh. Ms. Bonnie Witt, President
Services
(231)724-6717 Beachwood/Bluffton Neigh. Assoc.
FAX (231)726-2501
2261 Surfwood
Engineering Muskegon,MI 49441
(231)724-6707
FAX (231)727-6904
Dear Ms. Witt:
Finance
(231)724-6713
FAX (231)724-6768
We have received a letter from the Liquor Control Commission reference a
Fire Department request from Tyler Enterprises, LLC to transfer ownership of the SOD and SOM
(231)724-6792
FAX (231)724-6985 licensed business with direct-connection-2 located at 3200 Lakeshore Drive from
Beach Party Store, Inc. A SOM license permits the sale of beer and wine for
Income Tax
(231)724-6770 consumption off the premises only, and a SOD license permits the sale of
FA,'{ (231 )724-6768 alcoholic liquor, other than beer and wine, for consumption off the premises only.
Info. Technology On Tuesday, June 12, 2007, the City Commission will review this request and
(231)724-4126
FA,'( (231 )722-4301 determine whether or not it should be recommended for approval.
Inspection Services
(231)724-6715 You are being sent this notice because the City Commission would like to know
FAX (231 )728-4371 how the Neighborhood Association feels and would appreciate any comments that
Leisure Services they may have. You may send these comments to 933 Terrace, Muskegon, MI
(231)724-6704
FAX (231)724-1196
49440 or attend the City Commission Meeting on June 12, 2007, at 5:30 p.m. in
the Commission Chambers.
Mayor's Office
(231)724-6701
FAX (231)722-1214 If you have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
(231)724-6702 Sincerely,
FAX (231 )724-6790
Police Department
(231)724-6750
FA,'( (231 )722-5140
Public Works Linda Potter
(231)724-4100 Deputy Clerk
FAX (231)722-4188
Treasurer
(231 )724-6720
FAX (231)724-6768
Water Billing
(231 )724-6718
FA,'( (231)724-6768
Water Filtration
(231 )724-4106
FA,'( (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affirmative Action
(23 I )724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231 )726-5617
City Manager l\'t>il, ~llchlgan·, Shordlne tit~·
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk
(231)724-6705 June 6, 2006
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501
Mr. Aaron Tyler
Engineering 2082 Geneva Lane
(231)724-6707
FAX (231)727-6904 Muskegon, MI 49441
Finance
(231 )724-6713 Dear Mr. Tyler:
FAX (231 )724-6768
Fire Department This letter is to infonn you that your liquor license transfer request for 3200
(231)724-6792
FAX (23 I )724-6985 Lakeshore Drive will be presented to the City Commission on June 12, 2007.
This meeting begins at 5:30 p.m. and is located in the City Commission
(ncome Tax
(231)724-6770 Chambers, 933 Terrace, Muskegon, MI.
FAX (231)724-6768
Info. Technology This request has also been sent to the Beachwood/Bluffton Neighborhood
(231 )724-4126
FAX (231)722-4301
Association for their comments. It is Commission practice to let the
Neighborhood Association know of any liquor license requests that are located
Inspection Services
(231)724-6715 within their boundaries. This allows for comments from the people who live there
FAX (231)728-4371 and not just from the owners of the business' who are located there.
Leisure Services
(231)724-6704
FAX (231)724-1196
Sincerely,
Mayor's Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning Linda Potter
(231)724-6702 Deputy Clerk
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231 )755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affirmative Action
(23 I )724-6703
FAX (231 )722-1214
Assessor
(23 1)724-6708
FAX (23 I )726-5 I 81
Cemetery
(23 I )724-6783
FAX (23 1)726-5617
City Manager \\'l~t. l\llcWgan·s Shorl'l.lm." City
(23 I )724-6724
FAX (23 1)722-1214
Civil Service
(23 1)724-6716
FAX (231 )724-4405
Clerk
(231 )724-6705 June 21, 2007
FAX (23 I )724-4178
Comm . & Neigh.
Services
(231 )724-6717
FAX (231)726-2501
Liquor Control Commission
Engineering 7150 Harris
(231 )724-6707
FAX (231 )727-6904 PO Box 30005
Lansing, MI 48909-7505
Finance
(23 I )724-67 I 3
FAX (23 1)724-6768
REF: Req ID #413278
Fire Department Tyler Enterprises, LLC
(23 I )724-6792
FAX (231)724-6985 3200 Lakeshore
Muskegon, MI 49441
Income Tax
(231 )724-6770
FAX (231 )724-6768 To Whom It May Concern:
Info. Technology
(231 }724-4 I 26
FAX (23 1)722-4301
Enclosed is the Resolution, Form LC-1800, print card and check for T yler
Enterprises, LLC. This was recommended for approval by the City Commission
lnspection Services
(231 )724-6715 at their June 12, 2007, City Commission Meeting.
FAX (23 1)728-437 1
Leisure Services Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231)724-6704
FAX (231 )724- 11 96
Sincerely,
Mayor's Office
(231 )724-670 I
FAX (231)722-1 2 14
Planning/Zoning
(23 1}724-6702 Linda Potter
FAX (23 1)724-6790
Deputy Clerk
Police Depaitment
(23 I )724-6750
FAX (23 1)722-5 140 enc.
Public Works 700? O/o o 000 y tY 3 'I
(231 )724-4 100 0 a' ~JO
FAX (23 1)722-4 188
Treasurer
(23 1)724-6720
FAX (23 1)724-6768
Water Billing
(231 )724-67 18
FAX (231 )724-6768
Water Filtration
(231)724-4106
FAX (23 1)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
City Commission Meeting
Tuesday December 12, 2006
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DA TE: May 31, 2007
SUBJECT: Agreement for School Resource Officer-Muskegon Public Schools
Summary of Request:
Police Department staff is requesting that the Commission approve an agreement
between the City and the Muskegon Public Schools. The agreement provides for the
continuance of a full-time School Resource Officer who is assigned to Muskegon High
School. Muskegon Public Schools has agreed to pay one-half of the annual salary of the
police officer position for a nine-month period. This agreement covers the period
September 4, 2007 through June 6, 2008.
Financial Impact:
This agreement will produce revenue in the amount of $18,747 for the period of the
agreement.
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
2007-48(e)
COMMUNITY OFFICER & MUSKEGON PUBLIC SCHOOLS
AGREEMENT
This agreement is effective September 4, 2007 through June 6, 2008, between the City of
Muskegon, a Michigan municipal corporation, of933 Terrace Street, Muskegon,
Michigan 49440 ("City"), and Muskegon Public Schools, of349 West Webster,
Muskegon, Michigan 49440 ("MPS"), with reference to the following facts:
Background
A. City and MPS have detennined that it is in each of their best interests to
increase police services at the Muskegon High School ("MHS").
B. City has agreed to provide a police officer to MPS to be on patrol at MHS. At
all times the officer assigned to work at MHS shall be a City police officer and, as such
an employee of the City. Duties will be decided between mutual parties. However, it is
agreed that a component of the role is to help establish a positive, safe learning
environment at Muskegon High School and develop positive relationships with the
student body.
C. MPS has agreed to pay the City a flat rate according to 9 months of service.
The community officer will report to the Muskegon High School principal.
It is therefore agreed:
1. Officer. City shall provide a police officer to be on patrol at MHS during
MHS's published academic calendar year, commencing September 4, 2007 (which shall
not include any published vacation days or sununer school sessions, i.e. Christmas break,
mid-winter break, Thanksgiving break, Professional Development days, Good Friday,
Hackley Day or Memorial Day.) The officer shall be present at MHS during hours which
are mutually agreeable between the City and MPS.
2. Payment. MPS shall pay $2,083 on the first of EACH MONTH, as invoiced,
commencing September 4, 2007 through June 6, 2008. Total payment will not exceed
$18,747.
3. Term: Termination: The tenn of this Agreement shall be for one year from
September 4, 2007 through June 6, 2008, and may be renewed annually by mutual
agreement. This Agreement may be terminated before the end of its term by subsequent
written agreement, which shall be signed by both parties.
4. Venue. The parties agree that for purposes of any dispute in connection with
this agreement, the Muskegon County Court shall have exclusive jurisdiction and venue.
Muskegon Public Schools
By: ~ ~ ,,O~ By:
Name: Charles W. Poole Nam·
Title: President Title: .Mlla:W~=:::::::.__ _ __
Date: (qf~.:7(0 7 Date: _.,_6_-_,_l..,__f_-_.,,Oc_,7'--_ __
'-~ / /•k_
By: (.z -~- &~ .
Name: Colin K. Armstrong
Title: Superintenden~ ~ _.
Date: ,:{6,, /2 c'.
/' 7 /
By: _})_~_IJ;/_~~~~~ ¼._l~> fuJ,'-'\
Ann Marie Becker, MMC, Clerk
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made----~'' 2007 ("Effective Date"), by and between
the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and KEVIN EDEN, a single man, of 5621 Duck Lake Road,
Whitehall, Michigan 49461 ("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, the real estate, and all improvements thereon, with all beneficial easements,
and with all of Seller's right, title and interest in all adjoining public ways, located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 38.85 FT LOT 10 & NLY
41.25 FT LOT 9 BLK 336
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be One Thousand Dollars ($1,000.00), payable in cash or bank certified check at the
closing.
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer, on or before the closing date,
a commitment for title insurance, issued by Metropolitan Title Company, for an amount not less
than the purchase price stated in this Agreement, guaranteeing title on the conditions required
herein. In the event the reservations, restrictions or easements of record disclosed by said title
commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five
(45) days from the date Seller is notified in writing of such unreasonableness of restriction and
such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and
remedies the title (by obtaining satisfactory title insurance or otherwise) within the time
specified, Buyer agrees to complete this sale as herein provided, within ten (I 0) days of written
notification thereof. If Buyer closes on the Premises, any objections to the title are deemed
waived. If Seller fails to resolve such restrictions or remedy the title within the time above
specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at
Buyer's option. The premium for the owner's title policy shall be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to comply with the City
of Muskegon's Policy for Sale of City-Owned Residential Property In the Historic Infill Area
("Policy"). Grantor or its assigns must either move a pre-approved historic home to the property,
O:\P!anning\COMMON\Property\Buildable Lot Sa/es\2007 Buildable Lot Sales\372 W Muskegon\PA.DOC
or complete construction on a new historic home. If Grantee, or its assigns, chooses to relocate a
Historic Home, the following must be complied with: (I) The home must not be taken from an
existing historic district (unless it must be removed for pending development); (2) The removal
of the home from its existing site is not detriment to the area from which it is being moved; (3)
The home will be owner-occupied, single-family residence; (4) The home is sound enough to
move and it is feasible to rehabilitate it; (5) The person moving the home provides financial
proof of financial ability and a time schedule for the project; (6) The home must be moved and
the exterior work completed within eighteen months of closing; and (7) The plans and the home
must be approved by the Historic District Commission prior to the sale of the property. The
following must be complied with: ( 1) The home must be positioned on the lot in a manner
similar to surrounding homes; (2) At the time the building permit application is submitted, the
plot plan and building design will be reviewed to determine compliance with all requirements of
the Historic District Commission and the Policy; (3) Removal of existing trees shall be approved
by zoning staff prior to lot clearing. Trees shall only be taken to accommodate the structure and
driveway. A performance guarantee may be required of the owner or contractor for tree
protection; (4) At least two shade trees shall be provided on site of at least two and one half
inches in diameter, four feet from the ground. Preservation of existing trees may be considered
in lieu of this requirement; (5) The lot shall be established with appropriate grass, ground cover
or other plantings within one year of occupancy or the city may arrange for such planting and bill
the owner; (6) The home shall meet with all other requirements of the Zoning Ordinance that are
not addressed in the Policy. In default of such criteria, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of
Muskegon may retain the consideration for this conveyance free and clear of any claim of
Grantee or its assigns. Buyer shall remove only those trees necessary for construction of the
home and driveway. "Complete construction" means: (1) issuance of a residential building
permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director
oflnspections, substantial completion of the dwelling described in the said building permit. In
the event of reversion of title of the above-described premises, improvements made thereon shall
become the property of Grantor. Provided, further, that Grantee covenants that the parcel
described above shall be improved with not more than one single family home, and it shall be
owner-occupied for five years after the City issues a certificate of occupancy. These covenants
and conditions shall run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
te1mination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
O:\Planning\COMMON\Property\Buildable Lot Sales\2007 Buildable Lot Sa!es\372 W Muskegon\PA.OOC
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Closing. The closing date of this sale shall be on or before 90 days after the
Effective Date ("Closing"). The Closing shall be conducted at Metropolitan Title Company,
_ _ _ _ _ _, Muskegon, Michigan 49444. If necessary, the parties shall execute an IRS
closing report at the Closing.
9. Delivery of Deed. Seller shall execute and deliver a quitclaim deed to Buyer at
Closing for the Premises.
10. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
11. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
12. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing. The
fee for the closing agent shall be split evenly between the parties.
13. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
0:\Planning\COMMON\Property\Buildable Lot Sales\2007 Bui!dable Lot Sales\372 W Muskegon\PADOC
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision( s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
O:\Planning\COMMON\Property\Buitdable Lot Sales\2007 Bui!dab!e lot Sales\372 W Muskegon\PA.DOC
The parties have executed this Real Estate Purchase Agreement on the date written below
their names, to be effective as of the day and year first above written.
WITNESSES:
L./nJa. /4 f f ( r
BUYER:
Name: Kevin Eden
SS#: _ _ _ _ _ _ _ __
Date: u2
~5-0 L
O:\Planning\COMMON\Property\Buildab/e Lot Sales\2007 Buildable Lot Sales\372 W Muskegon\PADOC
QUIT-CLAIM DEEQ
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipul corporation, of933
Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to KEVIN EDEN, a single man, of 5621 Duck Lake Road, Whitehall, Michigan 4946!,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 SLY 38.85 FT LOT 10 & NL Y 41.25 FT LOT 9 BLK
336
for the sum of One Thousand Dollars ($1,000.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall comply with the City ofMuskegon's Policy for Sale of City-Owned
Residential Property In the I listoric Infill Area (''Policy"). Grantor or its assigns must either move a pre-approved historic home
to the property, or complete construction on a new historic home. If Grantee, or its assigns, chooses to relocate a I listoric Home,
the following must be complied with: (I) The home is sound enough to move and it is feasible to rchabilitc1te it; (2) The home
must be moved and the exterior work completed within eighteen months of closing; and (3) The plans and the home must be
approved by the Historic District Commission prior to the sale of the property. The following must also be complied with: (4)
The home must be positioned on the lot in a manner similar to surrounding homes; (5) At the time the building permit application
is submitted, the plot phm and building design will be reviewed to determine compliance with all requirements ofthe llistoric
District Commission and the Policy; (6) Removal of existing trees shall be approved by zoning staff prior to lot clearing. Trees
shall only be l<1ken to accommodate the structure and driveway. A performance guarnntec may be required of the owner or
contractor for tree protection; (7) At least two shade trees shall be provided on site ofat least lwo and one half inches in diameter,
four feet from the ground. Preservation of existing trees may be considered in lieu of this requirement; (8) The lot shall be
established with appropriate grass, ground cover or other plantings within one year of occupancy or the city may arrange fur such
planting and bill the owner; (9) The home shall meet with all other requirements of the Zoning Ordinance that are not addressed
in the Policy. In default of such criteria, title to the premises shall revert to the City of Muskegon free and clear of any claim of
Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for this conveyance free and clear of any
clc1im of Grantee or its assigns. Buyer shall remove only those trees necessary for construction of the home and driveway.
"Complete construction" means: t l) issuance ofa residential building permit by the City of Muskegon; and, (2) in the sole
opinion of the Ci!y of Muskegon's Director of Inspections, substantial completion of the dwelling described in the said building
permit. In the event of reversion of title of the above-described premises, improvements made thereon shall become the property
ofGrantor. Provided, fu1ther, that Grantee covenants that the parcel described above shall be improved with not more than one
single family home, and it shall be owner-occupied for five years after the City issues a eertificale of occupancy, These
covenants and conditions shall run with the land.
This deed is exempt from real estate lnmsfer tax pursuant to the provbions of MCLA 207.505{h)(i) and MCLA 207.526 Sec.
6(h)(i).
Dated this ___ day of _ _ _ _ _ _ _ _,, 2007.
Signed in the presence of:
:Lreo <
STATE OF MIC::
D< ~,,-,.s.
' ;,8,000.0u ;oo,OuO.uO I ;o 1,65 . 1,650.00 3,000.00 s 3,000.00 4,5nn.oo
s; s 4,500.00
9.00
:i; 3,,58.uO
$ 11,205.00
3,75 ... 00 ' 9.00
so,925.00 ,.$ 11,205.00
9,925.00 1
$
so
6.00
,6,60u.Ou
$
s,
7,470.00
16,60u.OO
46 WATER VALVE BOX & COVER COMPLETE EA. 2 $250.00
,,
$500.00 $ 240.00
,.
$ 480.00
' 200.00 s
"
400.00
,10U.l!U
$ 350.00
,.$ 700.00
'·'"
$ 300.00 $
"
600.00
' 4~.3;,:
$ 230.00 $
'
460.00
.,.
$ 800.00
.
$ 1,600.00
Date: June 12, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Diana Ave., Ransom St. to Terrace St. (W-624)
SUMMARY OF REQUEST:
Award the contract for the watermain replacement and minor service upgrade for Diana
Ave. from Ransom St. to Terrace St. to Felco Contractors, Inc. of Muskegon, Ml since they
were the lowest responsible bidder with a bid price of $39,552.20.
FINANCIAL IMPACT:
The construction cost of $39,552.20 plus engineering costs which is estimated at an
additional 15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Felco Contractors, Inc.
COMMITTEE RECOMMENDATION:
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\CONAW A Diana Ave WM (W-624) 06-12-
07.doc
W-624 DIANA AVE. RANSOM ST. TO TERRACE ST.
WATERMAJN IMPROVEMENTS
BID TABULATION - 06/05/07
CONTRACTOR FELCO CONTRACTORS, INC JACKSON-MERKEY CONTR, INC WADEL STABILIZATION, INC. MCCORMICK SAND, INC.
ADDRESS ENGINEER'S 856 PULASKI AVE. 555 E. WESTERN AVE. 2500 N. OCEANA DR. 5430 RUSSELL RO.
CITY/ST/ZIP ESTIMATE MUSKEGON, Mt 49441 MUSKEGON, Ml 49441 HART, Ml 49420 TWIN LAKE, Ml 49457
ITEM R• u QTY PRICE TOTAL PRICE UNI PRI E Tl TAL PRE UNIT PRICE T AL PRlr.E UNIT i.oRICE TOTAL PRICE UNI I ,v • .-RICE
1 CONCRETE SW 4" SQ.FT. 65 $4.00 $260.00 $ 7.00 $ 455.00 $ 6.60 $ 429.00 $ 5.00 $ 325.00 $ 5.00 $ 325.00
2 CORP. STOP 1" MUELLER #15000 OR EQUAL EACH 3 $225.00 $675.00 $ 300.00 $ 900.00 $ 196.00 $ 588.00 $ 300.00 $ 900.00 $ 400.00 $ 1,200.00
3 CURB STOP I" W /BOX MUELLER #15150 OR EQUAL EACH 2 $280.00 $560.00 $ 325.00 $ 650.00 $ 267.00 $ 534.00 $ 400.00 $ 800.00 $ 400.00 $ 800.00
2,100.00
4
5
HYDRANT STD.
REDUCERS 8" TO 6" D.C.I. M.J.
REMOVING CONC. CURB
EACH
EACH
LIN. FT. 6
1
1
$1,760.00
$267.00
$10.00
$1,760.00
$267.00
$60.00
$ 1,900.00 $
$
$
250.00 $
21.00 $
1,900.00
250.00
126.00 '
$ 1,765.00 $
$
262.00
'
24.80 $
1,765.00
262.00
148.80
$
$
$
1,600.00
305.00 $
10.00 $
'
1,600.00
305.00
60.00
$ 2,100.00
$
$
270.00 $'
50.00 $
270.00
300.00
'
7 REMOVING CONC. SW SO.FT. 58 $2.00 $116.00
$780.00
$ 6.90 $
375.00 $
400.20
375.00
$
$
2.30 $
268.00 $
133.40
268.00
$
$
2.00 $
550.00 $
116.00
550.00
$ 10.00 $
$ 1,500.00 $
580.00
1,500.00
8 SLEEVES LONG 6" D.C.I. M.J. EACH 1 $780.00 $
9 SLEEVES LONG 8" D.C.t. M.J. EACH 1 $1,000.00 $1,000.00 $ 400.00 $ 400.00 $ 291.00 $ 291.00 $ 500.00 $ 500.00 $ 1,500.00 $ 1,500.00
10 TAPPING SLEEVE AND VALVE 6"X6"X6" W/BOX EACH 1 $2,100.00 $2,100.00 $ 2,100.00 $ 2,100.00 $ 1,720.00 $ 1,720.00 $ 2,000.00 $ 2,000.00 $ 2,800.00 $ 2,800.00
11 TEE D.C.I. 8" x 8" x 6" M.J. EACH 1 $405.00 $405.00 $ 480.00 $ 480.00 $ 492.00 $ 492.00 $ 600.00 $ 600.00 $ 450.00 $ 450.00
12 TRAFFIC CONTROL LUMP 1 $1,000.00 $1,000.00 $ 1,900.00 $ 1,900.00 $ 2,755.00 $ 2,755.00 $ 2,500.00 $ 2,500.00 $ 3,750.00 $ 3,750.00
$275.00 $ ·400.00 s 2,000.00 198.00 s 990.00 $ 300.00 $ 1,500.00 $ 250.00 $ 1,250.00
13
14
15
TRENCH REPAIR LOCAL STREET TYPE Ill
TRENCH REPAIR SPECIAL
VALVE 6" GATE M.J. W/BOX
LIN. FT. 5
LIN. FT. 483
EACH 1
$55.00
$15.00
$710.00
$7,245.00
$710.00
$ 18.00 $
$ 750.00 s
8,694.00
750.00
'$
$
16.00
623.00 $
s 7,728.00
623.00
$
$
15.00 $
820.00 $
7,245.00
820.00
$
$
12.00
850.00 $
s 5,796.00
850.00
16 WATER METER PIT COMPLETE EACH 1 $765.00 $765.00 $ 720.00 $ 720.00 s 670.00 s 670.00 $ 700.00 $ 700.00 $ 1,500.00 $ 1,500.00
17 WATER SERVICE 1" TYPE "K" COPPER LIN. FT. 130 $20.00 $2,600.00 $ 28.00 $ 3,640.00 $ 17.40 $ 2,262.00 $ 16.00 $ 2,080.00 $ 18.00 $ 2,340.00
18 WATERMAIN 6" D.C.I. CL 52 LIN. FT. 18 $33,00 $594.00 $ 26.00 $ 468.00 $ 33,60 $ 604.80 $ 40.00 $ 720.00 $ 52.00 $ 936.00
19 WATERMAIN 8" D.C.I. CL 52 LIN. FT. 417 $35.00 $14,595.00 $ 32.00 $ 13,344.00 $ 42.30 $ 17,639.10 $ 41.00 $ 17,097.00 $ 37.00 $ 15,429.00
TOTAL $41,132.05 $ 39,552.20 $ 39,903.10 $ 40,418.00 $ 43,676.00
Date: June 12, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Liquor License Request
197 Clay
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Kathleen Riegler for a New
SOM License and On-Premise Seating for her business located at 197
W. Clay Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
2007-49(c)
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
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 warmi ngton on June 12, 2007 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Davis and supported by Commissioner Carter
That the request from Kathleen Fagan Riegler for a new SOM License and
On-Premise Seating at 197 Clay, Muskegon, MI 49440, Muskegon County
be considered for Approval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended
-----------~(R~ee-om_m_ea_dol-o-,-oo~~ $'(/Vrl !VU\
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
KATHLEEN FAGAN RIEGLER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
OAK AVENUE NORTH MUSKEGON, Ml 49445
(231) 744-8652-W (231) 744-8652-H
DATE OF BIRTH: '/-- 3- S/ DATE OF BIRTH:
Is the applicant a U.S. Citizen: Yes No • • Is the applicant a U.S. Citizen: • Yes • No
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
D Yes D No D Yes D No
0 0
Does the applicant have a Visa? Enter status: Does, the applicant have a Visa? Enter status:
Date finqerprinted: 6--s-~ ,:,7 Date finaerorinted:
I Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: • Felony • Misdemeanor ARREST RECORD: • Felony • Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing, entertainment, topless activity or extended hours permit?
o D Yes, complete LC-1636
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet ~?,~opriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? s 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)
Section 4. Recommendation
From your investigation:
1. ls this applicant qualified to conduct this business if licensed? ~Yes D No
2. Is the proposed location satisfactory for this business? jli(Yes D No
3. Should the Commission grant this request? ifii[.:{es D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
c., --::, -- 0 7
y.~L.)~-
re cSI ,eriff or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC1600Rev. 07/06) The Department of Labor & Economic Growth will not dlsaiminate 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
Authority: MCL 436.1217
Completion: Mandatory with Disabilities Act. you may make your needs known to this agency.
Penalt : No License
LIQUOR LICENSE REVIE\V FOR.1,1
Business Name:
----------------------
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
{/ cT'
~ r...__ _
Operator/Manager's Na me_: _--1-&1...:..a~t"'""/2-'-'-/kM.i....oen........,__,!,,..f;~o..)4,q.{..nl,_-',te..i...:..l/U....:,;;..-'-/,......
Business Address: 1 (L
Reason for Review:
New License ~ Transfer of Ownership .D 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 1
Approved ~ 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. \ ~ · c.. - S - cJ7
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator.
LIQUOR LICENSE REVIE\V FOR.l,1
Business Name:
-------------------- ---
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Opera tor/Manager's Na me: _ ___.&
. . .o.........t..../2. .l_.. c....e_.1.........
2 __,_ F. .a.-::ro...,.a...,_n...__----'-;f: u~l,. . .fJ_.r_ __
"--'1....
c7 z::r=
Business Address: 112 Cl~~
,i llus/(? v o
Reason for Review:
New License ~ Transfer of Ownership D 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 ~ 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_~- --__51)
_£..;:.._~____;=------ - - -- - - - - - - --
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
I
LIQUOR LICENSE REVIE\V FORL,1
Business Name:
----------------------
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name_: ---'-&.l..l.oai.."'-'t!z:......./... .....a..,;o~q~n'-'-~f:
c......e.4-12.1....--....1.fi . . .1~u"'-,b..l....J/'°.....;.r_ __
C7 c:r
Business Address: 1i 2 ClirL
Reason for Review:
New License p Transfer of Ownership D Dance Permit D
Drop/Add Name on License D T ransfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
---------------------------
Deadline for receipt of all information: _ __ _ _ _ _ _ _ _ _ _ __
Public Safety Appr oved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer · Approved ~ Owing D Amount:
Zoning Appr oved D Denied D Pending ZBA •
Cler k's Appr oved D Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
fC; fAXED RECENED 0
" .
Department Signature___.:..~.z:::;:::,.___
~_ d_ -,1--l · o_ 1
1
• 15e, M~(Kt":Jtss (Street, Cly, Sta e, .... ,. ....o~.~ 15f. Telephone Number 15g. E-mail Address
1800 E Kea ng Ave., Muskegon, Ml 49442 (231) 767-3001 weklund@fleetengineers.com
....
- ..
LOCAL GOVERNMENT ACTION & CERTIFICATION· complete all boxes.
This section must be completed by the clerk of the local governlng unit before submitting application to the State Tax Commission, Check Items on file
at the local Unit and those included with the submittal.
• 16.Acllon taken by local government unit ~ J'e.Ll r~ /I fr .50/?e<. / 16b. The Stale Tax Commission Requires the following documents be filed for an
administratively complete app!!calion:
l:;gJ Abatement Approved for __j__2=,_ Years (1-12) r~~!/Jr'f'~rfJ' Check or Indicate NIA If Not Applicable
After Completion 0Yes 0No ~ ~1. Original Application plus attachments, and one complete copy
vl-i. Resolution establishing district
D Denied (Include Resolution Denying)
-· ..•,.,___ .
~-3. Resolution approving/denying application.
_.,.. -<.'t~tter of Agreement (Signed by local unit and applicant)
16a. Documents Required to be on file with the local Unit
Check or Indicate NIA If Not Applicable I's. Affidavit of Fees (Signed by local unit and applicant)
~' ·" ,,,, ..,~
2. Notice to taxing authorities of opportunity for a hearing.
~ (5. Building Pennit for real improvements If project has already begun
r.Equipment List with dates of beginning of installation
~
3. list of taxing authorities notified for district and app!icatlon action. 8. Form 3222 (If applicable)
4. lease Agreement showing applicants tax liability, 9. Speculative building resolution and affidavits (if applicable)
16c. LUCI Code 16d. School Code
17. Name of Local Government Body • 18. Date of Resolution Approving!Oenying this Application
Attached hereto Is an original and one copy of the application and all documents listed in 16b. I also certify that all documents listed In 16a
are on file at the local unit for inspection at any time.
19c. E•mai! Address
an n . Jee/fer@,
19d. Clerks Mailfng Address {Street, City, State, ZIP Code)
JJ Terre, c( us,{',-
19e. Telephone Number 19f. Fax Number
(;;..;; le? - ,t 7o.s- c.231)
State Tax Commission Rule Number 57: Complete appllcalions approved by the local unit and received by the State Tax Commission by October 31
each year will be acted upon by December 31. Applications received after October 31 may be acted upon in the following year.
~ · and one copy of the completed application and all required attachments to:
ate Tax Commission
chigan Department of Treasury
O. Box 30471
nsing, Ml 48909M7971
r-g.uaranteed receipt b the STC · ecommended that applications are sent by certified mail.)
5. The improvements will include removing excess soil and grading lawn areas, removing
and disposing of trees, constructing ramps, parking areas and driveways, constructing
concrete catch basin, installing new water line, constructing new roof and constructing
new truck loading dock. Purchase and install air unit. Purchase and install various items
of machinery, equipment, furniture and fixtures, including injection mold machine, fire
protection sprinkler system, mold equipment, cooling system for welding power supply,
welding robot, vertical milling machine and modify existing equipment.
fleet-actl 98.2007
ATTACHMENT 1 LEGAL DESCRIPTIONS OF REAL PROPERTY
City of Muskegon, Muskegon County, MI, to wit:
Address: 1800 E. Keating Avenue (Plant 1)
Lots 23 and 24, except the South 295 feet of the East 1/2 of Lot 23 of the Port City Industrial
Center, as per plat ofrecord; and The North 60 feet of Lot 17, Port City Industrial Center, as per
plat ofrecord; Parcel No. 24-691-000-0023-00
Address: 1895 Port City Boulevard (Plant 2)
Lots 18 and 19, Port City Industrial Center, as recorded in Lib er 18 of Plats, Page 31; Parcel No.
24-691-000-0018-00
Address: 1981 Port.City_Bo.ulexarcL(PJant1)_ .....
Lot 16, the South 117.72 feet of Lot 17 and the South 295 feet of the East half of Lot 23, Port
City Industrial Center, as recorded in Liber 18 of Plats, Muskegon County Records, Pages 31, 32
and 33; Parcel No. 24-691-000-0016-00
fleet~actl 98.2007
ATTACHMENT 2 LIST OF REAL PROPERTY (IMPROVEMENTS AND ASSOCIATED
COSTS)
See attached list
f\eet~actl98.2007
'"'
0
0
1§1
FLEET ENGINEERS- REAL PROPERTY
INSTALLATION DATE DESCRIPTION COST
Tree removal, remove excess fill, drainage swale, leach basi~, restore soil
02/08/07 and grade (Estimate) $13,900
12127/06 Removal of interior steel columns $4,680
12/21/06 tnstall (1) BO' Main Frame at Plant #2 $5,740
12/17/06 Excavate and remove soil/sand and install dolomite $9,380
11/30/06 Install new ramp in Plant #3 (concrete/asphalt) $3,445
11130/06 Remove and dispose of trees at Plants #1,2, and 3 $4,700
~~,,
11/30/06 Remove excess soff and grade lawn areas al Plant #2 and 3 $3,000
11/30/06 Install dolomite at the north side of Plant #2 $900
11/30/06 Install dolomite along both sides of !he drive $2,775
11/30/06 Install new drive along Keating and the truck dock $15,900
Install new concrete catch basin in Plant #3 $30,200
.,,"".. 11/30/06
11130/06 Dewater area and install new water llne at facility $8,262
11/20/06 Drill and equip new water well $2,700
~1 11/15/06
08/15/06
08/15/07
New Fence
Install new roof (Estimate)
Construct new loading dock {Estimate)
$6,996
$89,949
$16,969
l TOTAL INVOICE AMOUNT
TOTAL ESTIMATE AMOUNT
GRAND TOTAL
$103,358
$120,618
$224,176 ·
~I
..,,
E.I
~I
"'.....
.....
,-.
0
'-
,-.
0
'-
"'
0
ATTACHMENT 3 PERSONAL PROPERTY (MACHINERY, EQUIPMENT, FURNITURE
AND FIXTURES)
See attached list
fleet-actl98.2007
V
"'
0
0
1§1
FLEET ENGINEERS- PERSONAL PROPIERTY
INSTALLATION DATE DESCRIPTION COST
New Lighting $88,763
02120/07
1-1 Cav Production Injection Maid design and build (Estimate) $379,908
01/04/07
Makeup air unit aml related equipment $12,800
12/21106
Rebuild Lathe $6,235
12120/06
Repair and replace gas lines and related work $2,378
12/12/06
I'
11/20/06
11/17/06
Cool mate 4- Coolir.ig System for welding power supply
Vertical MIii (Acer Ulti) and related costs
$608
$27,839
$39,386
Welding Robot
,J 11/13/06
11/10/06
11/09/06
Lawn Irrigation System Repairs
1 mold- and related items for roll up door (Estimate)
$7,860
$84,550
~1·
:,: 07/15/06 Revise existing tool/fixture and Develoµ CAD data (Estimate):
Fire prolec!lon sprinkler system for new building (Estimate)
$10,559
$32,602
"' ' 07/15/06
t: $185,B,69
"'"'
0
TOTAL INVOICE AMOUNT
TOTAL ESTIMATE AMOUNT $507,619
"' GRAND TOTAL $693,488
I
~1
~,
""
~
.,,
"'
........
.....
0
'.....
0
.,,
' fleet.spread
0
ATTACHMENT 4 PROOF OF CONSTRUCTION AND INSTALLATION OF PERSONAL
PROPERTY
See attached.
fleet-act198.2007
AFFIDAVIT OF PROJECT START DATES
I do swear and affirm by my signature below that the real property project beginning on
construction date and/or personal property project installation begin date, associated with the
Application for Industrial Facilities Tax Exemption Certificate under P.A. 198 of 1974, as
amended, in the amount of$1,009,905, filed with the City of Muskegon for a facility located at
1800 E. Keating Avenue are as follows:
Real Property Project Begin Date: November 15, 2006
Personal Property Project Installation Date: November 15, 2006
Dated: May 4, 2007
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Subscribed and sworn to before me in Muskegon County, Michigan on May 4, 2007 by
Wesley K. Eklund, President of Fleet Engineers, Inc.
Robert D. Eklund, Notary Public
Muskegon County, MI
Acting in Muskegon County
My Commission Expires: 01/05/2011
fleet-actl98.2007
ATTACHMENT 5 LEASE AGREEMENTS
A. Plant 1 is owned by Fleet Engineers, Inc. (1800 E. Keating Avenue).
B. Fleet leases Plant 2 from Eklund Development, LLC (1895 Port City Boulevard); copy of
lease is attached.
C. Fleet leases Plant 3 from Eklund Development II, LLC (1981 Port City Boulevard); copy
of lease is attached.
fleet-actl98.2007
Commission Meeting Date: June 12, 2007
Date: June 4, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing for Amendments to Brownfield
Plan- Sidock
SUMMARY OF REQUEST: To hold a public hearing and approve the attached
resolution approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Sidock Properties, LLC in the
Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield
Plan amendments, although the redevelopment of the property into a commercial
project will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION To hold the public hearing and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for June 12, 2007, at their May 22, 2007 meeting. Since that lime, a notice of
the public hearing has been sent to taxing jurisdictions, and it has been published
twice in the Muskegon Chronicle. In addition, the Brownfield Redevelopment
Authority approved the Plan amendment on May 15, 2007 and further recommends
that the Muskegon City Commission approve the Plan amendment.
2007-SO(b)
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
SIDOCK PROPERTIES, LLC
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"), held in the City Commission Chambers,
th
on the 12 day of June , 2007, at 5: 30 o'clock p.m., prevailing Eastern
Time.
PRESENT: Members
Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
ABSENT: Members
None
The following preamble and resolution were offered by Member
_S~p_a_t_a_r_o_ _ _ and supported by Member Gawron
WHEREAS, in accordance with the provisions of Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield
Redevelopment Authority (the "Authority") has prepared and approved a Brownfield
Plan Amendment to add Sidock Properties, LLC; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to
the City Commission requesting its approval of the Brownfield Plan Amendment;
and
WHEREAS, the City Commission has provided notice and a reasonable
opportunity to the taxing jurisdictions levying taxes subject to capture to express
their views and recommendations regarding the Brownfield Plan Amendment, as
required by Act 381; and
WHEREAS, not less than 20 days has passed since the City Commission
provided notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, a notice of the Public Hearing on the proposed Brownfield Plan
Amendment was published twice in the Muskegon Chronicle, the first of which was
not less than 20 days before the scheduled Public Hearing; and
WHEREAS, the City Commission held a public hearing on the proposed
Brownfield Plan on June 12, 2007.
NOW, THEREFORE, BE IT RESOLVED, THAT
1. Definitions. Where used in this Resolution the terms set forth below
shall have the following meaning unless the context clearly requires otherwise:
"Eligible Property" means the property designated in the Brownfield Plan as
the Eligible Property, as described in Act 381.
"Brownfield Plan" means the Brownfield Plan prepared by the Authority, as
transmitted to the City Clerk by the Authority for approval, copies of which
Brownfield Plan are on file in the office of the City Clerk.
"Taxing Jurisdiction" shall mean each unit of government levying an ad
valorem property tax on the Eligible Property.
2. Public Purpose. The City Commission hereby determines that the
Brownfield Plan Amendment constitutes a public purpose.
3. Best Interest of the Public. The City Commission hereby determines that it
is in the best interests of the public to promote the revitalization of eligible properties
in the City to proceed with the Brownfield Plan Amendment
4. Review Considerations. As required by Act 381, the City Commission has,
in reviewing the Brownfield Plan Amendment, taken into consideration whether the
Brownfield Plan Amendment meets the requirements set forth in Section 13 of Act
381.
5. Approval and Adoption of Brownfield Plan Amendment The Brownfield
Plan Amendment as submitted by the Authority is hereby approved and adopted. A
copy of the Brownfield Plan and all amendments thereto shall be maintained on file
in the City Clerk's office.
6. No Capture of Tax Increment Revenues by Authority. The Authority shall
not capture Tax Increment Revenues on the Eligible Property, as described in the
Brownfield Plan Amendment
7. Disclaimer. By adoption of this resolution and approval of the Brownfield
Plan Amendment, the City assumes no obligation or liability to the owner, developer
or lessor of the Eligible Property for any loss or damage that may result to such
persons from the adoption of this resolution and Brownfield Plan Amendment The
City makes no guarantees or representations as to the determinations of the
appropriate state officials regarding the ability of the owner, developer or lessor to
qualify for a single business tax credit pursuant to Act 228, Public Acts of Michigan,
1975, as amended, or as to the ability of the Authority to capture tax increment
revenues from the State and local school district taxes for the Brownfield Plan.
8. Repealer. All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby are rescinded.
AYES: Members
Warmington, Wierenga, Carter, Davis , Gawron , Shepherd,
and Spataro
NAYS:
Members None
--------------------------
RESOLUTION DECLARED ADOPTED.
\
Ann Marie Becker, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon , County of Muskegon,
State of Michigan, at a regular meeting held on June 12, 2007, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
~ ""'~\ l \Cu ; , &1,K.,
Ann Marie' Becker, City Clerk
1
Commission Meeting Date: June 12, 2007
Date: May 30, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Site Assessment Grant Administration Contract-
Couture Environmental LLC
SUMMARY OF REQUEST: To approve the Contract with Couture
Environmental Strategies LLC for continued administration of the
Brownfield Grant, in amount not to exceed $27,000 and to amend the
budget to move $27,000 from the General Fund Contingency into the
Planning & Economic Development budget.
FINANCIAL IMPACT: There is an additional amount of $27,000 required
to continue to contract with Couture Environmental Strategies LLC.
BUDGET ACTION REQUIRED: The funds will be allocated from the
General Fund Budget Contingency. The Planning, Zoning and
Economic Development Budget will require an amendment for line item
#80400-5300 (Contractual Services) for an addition of $27,000.
STAFF RECOMMENDATION: To approve the attached Contract and
authorize the Mayor to sign. Also, to approve the budget amendment to
place $27,000 from the General Fund Contingency into the Planning &
Economic Development Budget.
, City of Muskegon
Memo
To: Honorable Mayor and City Commission
From: Cathy Brubaker-Clarke, Director of Community & Economic Development
CC: Bryon Mazade, City Manager
Date: 6/5/2007
Re: Brownfield Site Assessment- Couture Environmental Strategies Administration Contract
The City Commission approved a Contract with Couture Environmental Strategies LLC on September
16, 2004. The Contract was for the administration of the Site Assessment Grant from the Michigan
Department of Environmental Quality (MDEQ). The grant has been very successful, including site
assessments for 14 projects to date (including Fleet Engineers, West Village Mall, Aero-Foil, Gary
Post's properties, Sidock and Ruddiman Creek Condos). However, when the original budget was
submitted to MDEQ, it only included $50,000 for project "grant administration" and overall project
management. This represented 10% of the grant amount, a best estimate based on the previous Site
Assessment Grant awarded to the City in 1994. In actuality, the project management costs have been
somewhat higher than expected. There are several reasons for this, including the following:
• Project start-up costs were higher than the previous grant, due to the City's efforts in
conducting a pre-qualification and selection process for consultants, resulting in contracts with
four consulting firms
• Several activities related to evaluation of various options for use of the CMI Loan were
actually conducted under the grant funding; however, since the City has not yet decided to
draw on the loan, these costs were paid through the grant (an additional $50,000 was
approved by MDEQ for loan management)
• Since there are now four environmental consulting firms, more effort is required in overseeing
the consultant's work efforts, to assure activities are conducted in compliance with State laws
and regulations, and in compliance with the grant agreement
• There have been complications with the environmental circumstances of the properties (types
and amount of contamination found and additional site assessment work required that went
beyond the original estimation)
At this point, the original $50,000 in grant administration has been expended and there is a need to
increase the amount to allow for additional administration and site assessments. Although there is no
legal requirement for the MDEQ to only allow a 10% grant administration fee, they are not allowing us
to amend our Agreement to increase the amount to 15% (10-15% being a standard administration fee).
I assume this is due to the fiscal situation with the State government.
Therefore, I am requesting that the City Commission approve the new Contract with Couture
Environmental Strategies LLC in the amount of $27,000. Administration fees per project have been
averaging $3,500 (actually, lower than that since this amount accounts for up-front costs which were
significant to get the consultants selected). In addition, there will be final close-out responsibilities
(approximately $2,500).
At this point, we have approximately five projects lined up for site assessment work that cannot move
forward without grant administration (including the Muskegon Lakeview Condos, the Jerry
Lottie/James Anthony DMDC property, and a manufacturer's relocation to the City on Getty Street). In
addition, I expect at least two more projects can be undertaken before the grant funds are depleted.
Therefore, if the Commission authorizes up to $27,000 for the contract with Couture Environmental
Strategies, we should be able to complete 7-8 more projects through the Grant, and remain in
compliance with grant requirement.
If you have any questions regarding the above, please let me know.
Attachment
• Page 2
CITY COMMISSION MEETING
Tuesday, June 12, 2007
TO: Honorable Mayor and City Commissioners
FROM: Tony Kleibecker
Director of Public Safety
DA TE: June 4, 2007
SUBJECT: Request to Purchase Video Systems
SUMMARY OF REQUEST:
The Director of Public Safety is requesting permission to purchase twenty (20) digital in-
car video systems from L3 Communications of Boonton, New Jersey. These systems
will replace the current DVD systems that have been in place for approximately three
years. The new systems are a "hard-drive" system that have no moving components in
the vehicle and do not have the environmental requirements (heating/cooling) that are
needed for the current systems. Police department staff has researched these units with
the assistance of staff from Information Technology and the Department of Public
Works. This system is in place in a number of police departments in the state and we
have also reviewed its performance with these agencies. Costs for the system are as
follows:
Video systems, components and software: $143,750.25
Computer server: $28,055.00
FINANCIAL IMPACT:
Funds for the video systems (143,750) would originate with the city's Equipment Fund.
Funds for the server would be come from the Criminal Forfeiture Account.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATIONS:
Approval of the purchase.
' ~ communications II MASTER ORDER II
, .::;I Mobile-Vision, Inc.
90 Fanny Road ORDER NUMBER: 0049099 •
0\
Boonton, NJ 07005 ORDER DATE: 4/3/2007 0\
0
(800) 336-8475 PROJECTED SHIP DATE: 12/31/599' 0\
SALESPERSON: BS "'
0
0
CUSTOMER NO: MIMUSK •
$QtJ>!ft(')i.,;xy{;:t r! SQll> tof.
Muskegon Police Department Muskegon Police Department
980 Jefferson Street 980 Jefferson Street
Muskegon, MI 49443 Muskegon, MI 49443
CONFIRM TO: Bill-To Phone: (23 I) 724-6750
Lt Lord Page: l
Bill-ToFax: (231)722-5140
CUSTOMER P.O. SHIPVIA F.O.B. TERMS
UPS GROUND BOONTON,NJ Net30 Days
ITEM NUMBER UNIT ORIGINAL UNIT PRICE AMOUNT
MVD-FBDVS EACH 20.00 5,295.00 105,900.00
Flashback Digital Video System Assembly WHSE: 000
Customer to arrange for own installation.
Car Type:
DVR Location:
MVD-RDR-PROI000 EACH 20.00 200.00 4,000.00
Radar option, Kustom Pro I 000/Eagle Eye WHSE: 000
Radar Interface Flashback, Kustom PR0-1000, or Eagle Eye
MVD-UPSI000 EACH 1.00 340.00 340.00
UPS l000VA WHSE: 008
MVD-IT-CONFIG EACH 1.00 2,850.00 2,850.00
System Configuration/Testing WHSE: 008
MVD-8675-EX EACH 4.00 660.00 2,640.00
Access Point w/ext antenna WHSE: 000
Note: Pricing does not include physical
-installation of the workstation, antenna, DVR or
any network wiring.
MVD-IR-CAM EACH 20.00 395.00 7,900.00
Camera Assy, IR WHSE: 000
Flashback IR Camera Assemb Jy
MVD-CRASH-BAT EACH 20.00 150.00 3,000.00
CrashBatt Assy WHSE: 000
Assy,crash sensor,battery backup
CONTINUED
4~ communications II
,3 Mobile-Vision, Inc.
II MASTER ORDER
90 Fanny Road ORDER NUMBER: 0049099
Boonton, NJ 07005 ORDER DATE: 4/3/2007
(800} 336-8475 PROJECTED SHIP DATE: 12/31/599!
SALESPERSON: BS
CUSTOMERNO: MIMUSK
sotuxo: , , , ., , . ,., ,.· $1:llt'''t();,(::,t•·\·•s'''.:'·'·;;
Muskegon Police Department
Muskegon Police Department
980 Jefferson Street 980 Jefferson Street
Muskegon, MI 49443 Muskegon, MI 49443
CONFIRM TO: Bill-To Phone: (231) 724-6750
Lt. Lord Page: 2
Bill-To Fax: (231) 722-5140
CUSTOMER P.O. SHIP VIA F.O.B. TERMS
UPS GROUND BOONTON,NJ Net30 Days
ITEMNUMBER UNIT ORIGINAL UNIT PRICE AMOUNT
MVD-USBKEYMB EACH 75.00 21.95 1,646.25
Key USB silver WHSE: 000
MVD-CF4GB EACH 3.00 229.00 687.00
Card, compactflash, 4GB, 45x, Type] WHSE: 000
Compact flash 45x 4GB Type!
MV-VLP-TRA EACH 12.00 195.00 2,340.00
Mic package, VLP w/accessories WHSE: 000
900Mhz remote mic transceiver w/batt, belt clip, lapel mic (set
of2)
Voice Link Plus wireless mic transceiver w/belt clip, lapel mic
(set of2)
MV-VLP-MC EACH 3.00 149.00 447.00
Multi-charging station rack w/pwr adaptor WHSE: 000
MV-POUCH-VLP EACH 20.00 25.00 500.00
Pouch for vlp leather WHSE: 000
/EMA STD YR! EACH 20.00 250.00 5,000.00
DVR EMA Standard Yr 1
/EMASTDYR2 EACH 20.00 300.00 6,000.00
DVR EMA Standard Yr 2
Subtotal: 143,250.25
***Your order has been entered. Thank you very much. Shipping & Handling: 500.00
Sales Tax: 0.00
Please review your order confirmation and call if there are
any discrepancies.*** Order Total:
------
143,750.25
~~ ..!:;;J
~ communications Mobile-Vision, Inc.
II QUOTATION
11
90 Fanny Road QUOTATIONNUMBER: 0049098
Boonton, NJ 07005 QUOTATION DATE: 4/3/2007
(800) 336-8475
SALESPERSON: BS
CUSTOMER NO: MIMUSK
·Q·u···o·"""'"''"';;i'"''
' . 1'.,_,;....,
_,• .I:,'~..,: _iJ;,\:l.•• ·:~,:,::!)· ,::: SlJll!!TQ{i+;: i:I, ,
Muskegon Police Department Muskegon Police Department
980 Jefferson Street 980 Jefferson Street
Muskegon, MI 49443 Muskegon, MI 49443
CONFIRM TO: Bill-To Phone: (231) 724-6750
Lt. Lord Bill-To Fax: (231) 722-5140 Page: I
CUSTOMERP,O, SHIP VIA F.O.B. TERMS
UPS GROUND MAITLAND, FL Net30Days
ITEM NUMBER UNIT QUANTITY UNITPRJCE AMOUNT
MVD-DEP2715 EACH 1.00 20,845.00 20,845.00
Station Rack, DEP RAIDS 4.5 TB
MVD-DVD/BU EACH 1.00 2,984.00 2,984.00
Workstation - DVD backup
/EMA DEP2715 I EACH 1.00 2,463.00 2,463.00
EMA DEP2715 YEAR I
/MISC LOO -375.00 -375.00
On-Line Support Credit
/EMA DEP2715 2 EACH LOO 2,463.00 2,463.00
EMADEP27I5 YEAR2
/MISC LOO -375.00 -375.00
On-Line Support Credit
Subtotal: 28,005.00
**** QUOTATION IS VALID FOR 60 DAYS**** Shipping & Handling: 50.00
Sales Tax: 0.00
Delivery: 90 Days or Less ARO Order Total:
------
28,055.00
Date: June 12, 2007
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Sewer Rate Adjustment
SUMMARY OF REQUEST: The City last adjusted sewer rates (a 16% increase)
on January 1, 2006 in response to County fee adjustments triggered by changes at
Sappi and by new indebtedness taken on to finance system improvements.
However, actual 2006 financial results for the sewer fund indicate the increase was
inadequate (see attached). In addition to the County fee increases, the sewer fund
has been hit with an unexpected (and unexplained) surge in usage in the last two
years:
12-Month Period Usage (MG) % Increase
May 2006 - April 2007 2027 8%
May 2005 - April 2006 1869 11%
May 2004 - April 2005 1682 -
The increased usage is hard to understand in light of plant closings (e.g. Brunswick,
Bekaert) and in light of the fact that flows for other communities are stable or falling
(see attached graph). Staff is in discussion with the County on possible metering
issues, but at this point a further 15% rate increase is needed to stabilize sewer fund
finances.
FINANCIAL IMPACT: The sewer rate adjustments will generate an estimated
$710,000 additional annualized revenue for the city's sewer fund.
BUDGET ACTION REQUIRED: None at this time. If the rate increase is
approved, it will be incorporated into the second quarter budget reforecast together
with the higher anticipated county treatment costs.
STAFF RECOMMENDATION: Adoption of the attached fee adjustment
resolution.
COMMITTEE RECOMMENDATION: None
CITY OF MUSKEGON
RESOLUTION NO. 2007-51(c)
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission
Chambers on June 12, 2007.
RECITALS
A review of the rates for sewer service has been accomplished by the City's staff,
recommendations received, and the City Commission has determined that the following rate
changes are justified. Accordingly, this resolution is made for the purpose of maintaining
the financial viability of the City's sewer system.
THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. Charges for residential sewer service shall be changed from $1.53 per 100 cubic feet to
$1.76 per 100 cubic feet;
2. Charges for commercial/industrial sewer service shall be changed from $1.93 per 100 cubic
feet to $2.22 per 100 cubic feet;
3. Charges for all non-metered residential sewer customers will be calculated based on an
assumed usage rate of 35 hundred cu. ft. per quarter.
4. Unless there is a separate agreement specifying a different billing method, non-resident
users of the city sewer system will be billed at a rate that is double (2x) the city rate for that class
of user.
The above changes to be effective July 1, 2007.
This resolution adopted.
YEAS: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington
NAYS None
C
Attest\~\, 1 ~,\ 1 le,\;\..'\
Ann Marie Becker, MMC
iG,'- \ 1/
City Clerk
CITY OF MUSKEGON
STATE OF MICHIGAN COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the 12th day
of June, 2007 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.
\~ r\1 ~J\A· \ D
. ~ • \ '\1\:::, \ )Ci ( I \
Ann Marie Becker, MMC
City Clerk
5/30/2007
SEWER FUND
2004 2005 2006 2007 2008
INCOME STATEMENT DATA:
15% Rate Increase Eff 7/1/07
OPERATING REVENUES
Charges for services $ 4,032,673 ' if _4,ci!~•.!~~----~- _4,73_0,147 _ 16.045%1 $ 5,084,908 $ 5,439,669
Other revenues 50,918 73,059 73,548 73,548 73,548
4,083,591 4,149,187 4,803,695 5,158,456 5,513,217
OPERATING EXPENSES
Operating and administrative 402,634 294,_000 -- 393,064_ 400,000 400,000
Wastewater treatment 2,599,280 _~;-~~-9~,_40_4_ _ 3,87_1,~-~-3 ---_ 3~J324o/o-! 3,900,000 3,900,000
Filtration plant operation
Water distribution
Bad debts 37,025 4,715 5,939 5,939 5,939
Depreciation 662,976 740,898 653,028 653,028 653,028
3,701,915 3,869,017 4,923,324 4,958,967 4,958,967
Operating profit (loss) 381,676 280,170 (119,629) 199,489 554,250
OTHER (INCOME) OR DEDUCTIONS
Interest income 12,821 32,928 39,199 39,199 39,199
Gain on sale of fixed assets
State grant 297,925
Interest expense (110,520) (114,388) (63,233) (63,233) (63,233)
200,226 (81,460) (24,034) (24,034) (24,034)
Income (!ass) before
operating transfers and extraordinary !ass 581,902 198,710 (143,663) 175,455 530,216
Operating transfers in {out) 47,796 35,063 107,356 107,356 107,356
Net income (loss) before extraordinary loss 629,698 233,773 (36,307) 282,811 637,572
Extraordinary toss/claim
NET INCOME (LOSS) 629,698 233,773 (36,307) 282,811 637,572
Net assets at January 1 13,623,093 14,252,791 14,486,564 14,450,257 14,733,068
Equity transfer in (out)
Net assets at December 31 $ 14,252,791 $ 14,486,564 $ 14,450,257 $ 14,733,068 $ 15,370,640
Typical Monthly Sewer Bill
Ranked from Lowest (1) to Highest (6)
Residential Customers - 7,500 Gallons Usage Per Month
Other
Usage Chg per Sewer
Community Rate Month Bill Rank
1 Norton Shores 1.31 3.83 16.96
2 Muskegon (Current Rate) 1.53 2.67 17.97 2
3 North Muskegon 1.23 5.83 18.13 3
4 Muskegon Heights 0.80 11.08 19.11 4
5 Muskegon {Proposed Rate Effective 7/1/07) 1.76 2.67 20.27 5
6 Roosevelt Park 1.96 29.86 49.51 6
Average $ 23.66
Median $ 18.62
Notes: Assumes 7,500 gallons (or 1,000 cubic feet) monthly usage and a 5/8" (or nearest equivalent) meter size.
Usage rate is per 100 cubic feet.
Other charges are for fixed charges such as debt service and/or administrative charges regardless of usage.
Typical Monthly Sewer Bill
Ranked from Lowest (1) to Highest (6)
Residential Customers - 15,000 Gallons Usage Per Month
Other
Usage Chg per Sewer
Community Rate Month Bill Rank
Muskegon Heights 0.80 11.08 27.13
2 Norton Shores 1.31 3.83 30.08 2
3 North Muskegon 1.23 5.83 30.43 3
4 Muskegon (Current Rate) 1.53 2.67 33.27 4
5 Muskegon (Proposed Rate Effective 7/1/07) 1.76 2.67 37.87 5
6 Roosevelt Park 1.96 29.86 69.16 6
Average $ 37.99
Median $31.85
Notes: Assumes 15,000 gallons (or 2,000 cubic feet) monthly usage and a 5/8" (or nearest equivalent) meter size.
Usage rate is per 100 cubic feet.
Other charges are for fixed charges such as debt service and/or administrative charges regardless of usage.
Source: Local area survey conducted by City of Muskegon as of May 2007.
Sewer Flows by City
250
200
-
~
C
0
:lE
i...
Cl)
150
C.
ti)
C
0
cij
(!)
C
100
0
i
50
Apr-04 Jul-04 Oct-04 Jan-05 Apr-05 Jul-05 Oct-05 Jan-06 Apr-06 Jul-06 Oct-06 Jan-07 Apr-07
-+- Norton Shores --- Muskegon Twp Muskegon Hts ~ Roosevelt Park ~ Muskegon City
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Engineering Department
June 6, 2007
Engineering Services Agreement with Fleis & Vandenbrinks for
Sherman & Henry Intersection & Sidewalk
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering service agreement with Fleis & Vandenbrink to
modify plans, specification and engineer's estimate along with design of a sidewalk along the
north side of Sherman between Barclay & Henry. The services to be provided consist of
modifying the plans to meet Michigan Department of Transportation's (MOOT) guidelines since
we were fortunate to receive not only federal funds, but if we were to get those plans in to
MOOT soon, we have been approved for the state money to offset the local match. The total
not-to-exceed fee is $11,900.
Fleis and Vandenbrink had the lowest proposed fee of two proposals received. One other
consultant declined to submit a proposal.
FINANCIAL IMPACT:
The cost to the city is limited to the engineering cost for the modifications of the plans of
$11,900, plus construction engineering of 10%. The total estimated cost of the project is
$270,000, of which $216,000 is from an approved federal grant and the remaining $54,000 is
from the state's "Jobs Today Program."
BUDGET ACTION REQUIRED:
None at this time, however, the second budget forecast would have to be revised to address the
modification cost of $11,000.
STAFF RECOMMENDATION:
Authorize staff to enter into an Engineering Services Agreement with Fleis & Vandenbrink.
COMMITTEE RECOMMENDATION
None.
pb\AGENDA- ENGNRNG SRVCS AGRMNT FLEIS & VANDENBRINK, SHERMAN & HENRY 060607
Commission Meeting Date: May 22, 2007
Date: May 11, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (.}6L
RE: Amendment to the Zoning Ordinance - Residential Parking
Requirements Downtown
SUMMARY OF REQUEST:
Request to amend Section 2326 (Off Street Parking, #12) of Article XXIII (General Provisions)
to reduce the residential parking requirement in the Downtown Parking Overlay District.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to reduce the residential parking
requirement in the Downtown Parking Overlay District.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 5/10 meeting. The
vote was unanimous with T. Michalski and T. Harryman absent.
5/11/2007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 10, 2007
Hearing; Case 2007-18: Staff initiated request to amend Section 2326, (Off Street
Parking #12), of Article XXIII, (General Provisions), to reduce the residential parking
requirement in the Downtown Parking Overlay District.
BACKGROUND
Staff has been discussing parking requirements and studying residential parking requirements
for other municipalities. Although most municipalities require 2 spaces for each dwelling unit,
some ordinances, such as Grand Rapids, require only I space per dwelling unit. The new
"Smmt Code" design concept proposes 1.5 spaces for each unit. The thinking behind that
requirement is that some units m·e occupied by single people, and other occupants may not own
a car when living in an urban area.
Our "Downtown Parking Overlay District" makes no allowance for on-street parking for
residential uses, as it does for commercial uses. Some residential properties downtown already
use some on-street pm-king for their residents (Amazon Building). Staff believes this minor
change to the ordinance may help ease parking problems in the downtown area. Other areas of
the City would not be effected, since the 2-space per dwelling unit would remain in effect.
NEW LANGUAGE
Deletions are erossed out and additions are in bold:
c. In the downtown parking overlay district only, the required number of
residential parking spaces shall be 1.5 spaces per dwelling unit.
DELIBERATION
I move that the amendment to Section 2326, (Off-Street Parking and Loading, #12, d), of Article
XXIII, General Provisions, of the City of Muskegon Zoning Ordinance, be recommended to the
City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 2 2 6
An ordinance to amend Section 2326 (Off Street Parking, #12) of Article XXIII (General
Provisions), to rednce the residential parking requirement in the Downtown Parking
Overlay District.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 23326(Off Street Parking, #12) of Article XXIII (General Provisions) is amended to
reduce the residential parking requirement in the Downtown Parking Overlay District, as
follows:
c. In the downtown parking overlay district only, the required number of
residential parking spaces shall be 1.5 spaces per dwelling unit.
This ordinance adopted:
Ayes: Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierenga
Nayes: Davis
Adoption Date: June 12, 2007
Effective Date: June 29, 2007
FirstReading: May 22, 2007
SecondReading: June 12, 2007
CITY OF MUSKEGON
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
1 2th of June , 2007, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.,.
DATED: June 12 ,2007.
\"\ ·\\ . i) r/
~''--''"'- ~vlc.,\_~::;.<-,1,.,l._,
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 22, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2326 (Off Street Parking, #12) of Article XXIII (General Provisions) to
reduce the residential parking requirement in the Downtown Parking Overlay District.
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 r Jun e,, , 2007. CITY OF MUSK.EGON
By _ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Date: May 22, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Ordinance Amendment - Vehicles for Hire
SUMMARY OF REQUEST: To repeal Chapter 102 of the Muskegon
Code of Ordinances concerning Vehicles for Hire.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Commission recommended
approval at the May ih Worksession.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on _ _ _ _ _ _ _ _ _, 2007, the City Commission of the
City of Muskegon adopted an ordinance repealing in their entirety Sections I 02-201 through
102-260 of Chapter 102 of the Code of Ordinances of the City ofMuskegon concerning Vehicles
for Hire.
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 (I 0) days from the date of this publication.
CITY OF MUSKEGON
Published: - - - - - - - -, 2007 By_ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, Its Clerk
-------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
C:\Documents and Settings\becker\Local Settings\Temporary Internet Files\OLK9\Dl6528-0rdinance Amendment re Taxis.DOC
DATE: May 29, 2007
TO: Honorable Mayor and City Commissioners
FROM: Lee Slaughter, Assistant City Manager
RE: Special Events-Multiple Liquor License Request
Tipsy Toad Tavern
SUMMARY OF REQUEST: Tipsy Toad Tavern, 609 W. WesternAve., is requesting an
extension of their current liquor license to be able to serve alcohol outside in a
th
entertainment area during the Muskegon Summer Celebration (June 28 through July
8th ). The following temporary alcohol licenses have been issued for this time period:
Muskegon Summer Celebration, and Mike's Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
request at their May 21 st meeting.
DATE: May 29, 2007
TO: Honorable Mayor and City Commissioners
FROM: Lee Slaughter, Assistant City Manager
RE: Special Events-Multiple Liquor License Request
Muskegon Eagles Aerie 668/Fraternal Order of Eagles
SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is
requesting an extension of their current liquor license to be able to serve non-members
th
during the Muskegon Summer Celebration (June 28 th through July 8 ) The following
temporary alcohol licenses have been approved for this time period: Muskegon Summer
Celebration, Mike's Inn.
FINANCIAL IMP ACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
request at their May 21 st meeting.
DATE: May 29, 2007
TO: Honorable Mayor and City Commissioners
FROM: Lee Slaughter, Assistant City Manager
RE: Special Events-Multiple Li~~or License Request
C.1.O. Hall & Port City BIW. Association
\>i'}'j
SUMMARY OF REQUEST: C.l.O. Hall and Port City-8-ml. Association, 490 W.
Western Ave., is requesting a temporary liquor license during the Muskegon Bike Time
Event, scheduled for July 20 th through July 22, 2007. The following have already been
approved: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike's Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None
COMMITTEE RECOMMENDATION: The Leisure Services Board has approved this
request at their May 21 st meeting.
Page 1 of 1
Potter, Linda
From: Ackerberg, Teresa
Sent: Thursday, June 07, 2007 9:48 AM
To: Potter, Linda
Cc: Mazade, Bryon
Subject: C.1.0. Hall/Bike Time
I talked with Jeff Helpher from the C.I.O Hall/Port City Building Association. He stated that the Port
City Building Association is a group oflocal unions (Sealed Power, L3 Communications to name a few)
who use the building for their meetings. The building is in need of some upgrading. This fundraiser
would be used to raise funds to make improvements to the building.
The Hall will be one of the first aide stations for the Bike Time event. The building is large enough
where these two events will be separate and clearly marked. Their will be two separate entrances and a
volunteer outside directing traffic.
They will be present at the Commission meeting to answer any questions.
Hope this helps!
6/7/2007
MAY 11, 2002
TO: THE CITY OF MUSKEGON,
WE THE RESIDENTS, OF THE COMMUNITY@ JACKSON HILL IS PETITIONING
THE CITY OF MUSKEGON FOR STREET LIGHTS, SPEED BUMPS, AND ODD AND
EVEN PARKING DAYS IN OUR COMMUNITY.
SUMNER AVE. RUNS FROM WOOD STREET ON THE WEST TO MULDER
STREET ON THE EAST, THEREFORE IT SHOULD BE CONSIDERED A PUBLIC
STREET.
NAME ADDRESS
2._
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5.1 ,,,;;
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;~~j'.1~;::;~uc ·
~~\1
MAY 11, 2002
TO: THE CITY OF MUSKEGON,
WE THE RESIDENTS, OF THE COMMUNITY@ JACKSON HILL IS PETITIONING
THE CITY OF MUSKEGON FOR STREET LIGHTS, SPEED BUMPS, AND ODD AND
EVEN PARKING DAYS IN OUR COMMUNITY.
SUMNER AVE. RUNS FROM WOOD STREET ON THE WEST TO MULDER
STREET ON THE EAST, THEREFORE IT SHOULD BE CONSIDERED A PUBLIC
STREET.
NAME ADDRESS
1.
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8.
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10.
11.
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