City Commission Packet Archive 10-23-2007

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      CITY OF MUSKEG                                                 N
        CITY COMMISSION MEETING
                       OCTOBER 23, 2007
     CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
      A. Employee Service Awards. CIVIL SERVICE
•   INTRODUCTIONS/PRESENTATION:
•   CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
      B. Rescind the Vacation of the Undeveloped Portion of Frisbie Street.
         PLANNING & ECONOMIC DEVELOPMENT
      C. Vacation of a Portion of Frisbie Street.    PLANNING & ECONOMIC
         DEVELOPMENT
      D. Liquor License Transfer Request for Captain Jack's, LLC, 1601 Beach.
         CITY CLERK
      E. Liquor License Transfer Request for Amigos, Inc., 1848 E. Sherman. CITY
         CLERK
      F. Liquor License Transfer Request for AGZ, Inc., 313 W. Laketon.    CITY
         CLERK
•   PUBLIC HEARINGS:
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
      A. MERS Health Care Savings Program Enabling Resolution. FINANCE
        B. Congress of Cities Voting Delegates. CITY CLERK
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 foiward to the microphone.
•   State name and address.
•   limit of 3 minutes to address the Commission.
•   {Speaker representing a group may be allowed 1O minutes if previously registered with City Clerk.)
o   ADJOURNMENT:
ADA POLICY: THE CJTY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERI<:, 933 TERRACE STREET, MUS!<EGON, Ml 49440 OR BY CALLING {231) 724-6705 OR TDD:
(231) 724-4 172.
Date:     October 23, 2007
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




                                                             th
SUMMARY OF REQUEST: To approve minutes for the October 8
Commission Worksession, and the October 9th Regular Commission
Meeting.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 23, 2007
    CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, October 23,
2007.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from Oak Crest Church of God after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steven
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker
2007-88 HONORS AND AWARDS:
      A. Employee Service Awards. CIVIL SERVICE
Civil Service Commission Chairperson, David-George Newsome, presented the
Service Awards to the City employees thanking them for their years of service.
2007-89 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 8th Commission
Worksession, and the October 9th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Rescind the Vacation of the Undeveloped Portion of Frisbie Street.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Rescind the vacation of the undeveloped portion of
Frisbie Street south of Palmer and west of McGraft Church.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends that the City Commission rescind
the vacation of the undeveloped portion of Frisbie Street south of Palmer and
west of McGraft Church.
COMMITTEE RECOMMENDATION:         The Planning Commission unanimously
recommended rescinding the vacation at their October 16, 2007, meeting with
B. Mazade and B. Smith absent.
      C. Vacation of a Portion of Frisbie Street.   PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of the east 33 ft. of the
unimproved Frisbie Street, located between Block 531 and 532, City of
Muskegon Revised Plat of 1903.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the east 33 ft. of
Frisbie Street as described in the resolution.
COMMITTEE RECOMMENDATION:       The Planning Commission unanimously
recommended the vacation with J. Aslakson, T. Harryman, and T. Michalski
absent.
      D. Liquor License Transfer Request for Captain Jack's, LLC, 1601 Beach.
         CITY CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Captain Jack's, LLC to transfer ownership of
the 2007 Class C-SDM licensed business with Dance-Entertainment Permit,
Outdoor Service (2 Areas), Drive-Up Window (without alcoholic beverage sales)
and 2 Bars located at 1601 Beach Street, Pavilion Building, from BLMC
Enterprises, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
      F. Liquor License Transfer Request for AGZ, Inc., 313 W. Laketon.   CITY
         CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from AGZ, Inc. to transfer ownership of the 2007
Class C-SDM licensed business with Dance-Entertainment Permit located at 313
W. Laketon Avenue from The Castle Inn, Inc. (Time Out Lounge).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus item E.
ROLL CALL: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
              Nays: None
MOTION PASSES
2007-90 ITEM REMOVED FROM THE CONSENT AGENDA:
      E. Liquor License Transfer Request for Amigos. Inc .• 1848 E. Sherman. CITY
         CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Amigos, Inc. to transfer ownership of the
2007 Class C-SDM licensed business located in escrow at 1934 Peck, Muskegon,
from Sherm's Saloon, Inc. and transfer location to 1848 E. Sherman, Suite M.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Approval contingent upon payment of personal
property taxes.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the liquor license transfer request for Amigos, Inc., at 1848 E. Sherman.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
              Nays: None
MOTION PASSES
2007-91   NEW BUSINESS:
      A. MERS Health Care Savings Program Enabling Resolution. FINANCE
SUMMARY OF REQUEST: The resolution authorizes the city to participate in the
MERS Health Care Savings Program (HCSP). HCSP is a program that allows
employees to set aside funds in a tax-favored account to use for post-
employment medical purposes. Funds are contributed to individual employee
accounts before tax withholding and are not taxed at time of withdrawal if used
for eligible medical purposes.
The city benefits from adopting HCSP in two ways.
          •   Wages allocated to the HCSP are exempt from FICA/Medicare
              taxes for both employee and employer. Thus for every $100 in
              salary directed to HCSP, the city (and employee) each save $7.65
              in FICA/Medicare taxes that would otherwise be paid.
          •   The program establishes an efficient means for employees to fund
              their own retiree healthcare expenses. The city provides basic
              retiree healthcare coverage, but there are many areas not
              covered. As it is unlikely the city will be extending this coverage, the
              HCSP is a good tool to help employees save to meet future
             healthcare needs.
At this time we are recommending that the resolution be adopted so that the
program is ready for use in the future. The first actual use would likely be for non-
union employees as part of the 2008 salary and benefit changes (considered by
the Commission in December). Some unions have expressed interest as well
and we would like to have the program available for discussion in negotiations.
FINANCIAL IMPACT: Potential FICA/Medicare savings to the City.
BUDGET ACTION REQUIRED: None. The program entails no direct costs to the
City (other than minor administrative costs) but may result in significant
FICA/Medicare tax savings, depending on the extent to which it is adopted by
employee groups.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to authorize
the City to participate in the MERS Health Care Savings Program.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
             Nays: None
MOTION PASSES
      B. Congress of Cities Voting Delegates. CITY CLERK
SUMMARY OF REQUEST: To designate one of our officials who will be in
attendance at the National League of Cities Annual Business Meeting to cast
the City's vote; and, if possible, to designate an alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Wierengo to appoint
Commissioner Shepherd to be the voting delegate at the National League of
Cities Annual Business Meeting.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
             Nays: None
MOTION PASSES
2007-92 ANY OTHER BUSINESS:
Commissioner Spataro stated that members of the Muskegon Tumback
Committee expressed concerns reference the proposed speed limit on
Muskegon and Webster Avenues. It was suggested that this be discussed further
at a Worksession Meeting inviting the Tumback Committee, Nelson
Neighborhood Association, and businesses.
Mayor Warmington attended the Muskegon County Land Bank Authority
meeting and discussion was held reference 775 Washington.
City Manager Bryon Mazade stated that we are working with a potential
developer for Edison Landing.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
authorize staff to accelerate the special assessment of Edison Landing if an
agreement is not reached by October 30, 2007.
ROLL VOTE: Ayes:     Gawron, Shepherd,    Spataro,         Warmington,        Wierengo,
           Wisneski, and Carter
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:38 p.m.


                                         Respectfully submitted,



                                          \            .
                                          \"._~;\~J'~\\,,.\;i\..A,,(_I
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                                                                         \-)~,J .c-,
                                         Ann Marie Becker, MMC
                                         City Clerk
                Commission Meeting Date: October 23, 2006




Date:         October 12, 2007
To:           Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Rescind the Vacation of the Undeveloped portion of Frisbie
             Street



SUMMARY OF REQUEST:

Rescind the vacation of the undeveloped portion of Frisbie Street South of Palmer and
West of McGraft Church.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends that the City Commission rescind the vacation of the undeveloped
portion of Frisbie Street South of Palmer and West of McGraft Church.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended rescinding the vacation at their
10/16/07 meeting, with B. Mazade and B. Smith absent.




10/12/2007
                                    CITY OF MUSKEGON

                                 RESOLUTION #2007-89 ( b)


WHEREAS, on February 28, 2006 the vacation of the unimproved portion of Frisbie Street south
of Palmer was approved by the City Commission, with the condition that the vacation was not
final and binding until there was full compliance with state law, including an appropriate circuit
court order; and

WHEREAS, the circuit court won't issue an order using the present property description; and

WHEREAS, a staff request has been received to rescind the vacation the unimproved portion of
Frisbie Street south of Palmer; and

WHEREAS, the Planning Commission held a public hearing on October 11, 2007 to consider the
request and subsequently recommended the vacation be rescinded; and

WHEREAS, due notice had been give of said hearing as well as the October 23, 2007 City
Commission meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to rescind the vacation of the unimproved portion of Frisbie Street south of
Palmer and west ofMcGraft Church.



Adopted this 2 3 day of October , 2007.

       AYES: Spataro, Warmington, Wierenga, Wisneski, Carter,
             Gawron, and Shepherd
       NAYES: None
                -----------------------------
       ABSENT:
                  -None
                   ~~------------------------~
                                       CERTIFICATE
       (Rescind the vacation of the unimproved portion of Frisbie Street south of Palmer)


I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on October 23, 2007,


                                                       CITY OF MUSKEGON
                                    Staff Report [EXCERPT]
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                      REGULAR MEETING

                                          October 11, 2007



Hearing; Case 2007-38: Staff initiated request to rescind the vacation of the unimproved
portion of Frisbee Street, south of Palmer and west ofMcGraft Church.


BACKGROUND


This street vacation request was originally recommended by Planning Commission for approval
in February 2006, and City Commission approved it later that month. As you may recall, streets
that are located within 80 feet of a body of water may only be vacated by the circuit court. With
that mind, one condition of the City Commission approval was that it did "not become final and
binding on the City until there has been full compliance with state law, including an appropriate
circuit court order". It was determined by the Attorney General that there must be access to
McGraft Park in order for the consent judgment to be approved. Therefore, this vacation needs
to be rescinded and another request with only the east 33 feet of Frisbee Street will be addressed
in the next case.

Staff has received no public comments on this request.
         View from across Ruddiman Creek.        View from improved Frisbee Street.




City of Muskegon
Planning Commission
Case# 2007-38 & 39
                                            //       //   /         -       Selected Properly




                                            ~~~
                                                                    !   I   Affected Properties




              ?\
               -                                 /




                     I

                   e----
STAFF RECOMMENDATION

Staff recommends approval of the request.


DELIBERATION


I move that vacation of the undeveloped portion of Frisbee Street be recommended to City
Commission to be rescinded, due to the conditions required of the Attorney General.
                Commission Meeting Date: October 23, 2007




Date:        October 12, 2007
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Vacation the a Portion of Frisbee Street


SUMMARY OF REQUEST:

Request for the vacation of the east 33 ft. of the unimproved Frisbee Street, located
between Block 531 and 532, City of Muskegon Revised Plat of 1903.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends vacation of the east 33 ft of Frisbee Street, as described in the
resolution.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended the vacation, with J. Aslakson,
T. Harryman, and T. Michalski absent.




10/12/2007
                                 CITY OF MUSKEGON

                                  RESOLUTION# 2007-89 ( c)

             RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET

'WHEREAS, a petition has been received to vacate a portion of Frisbie Street, that being the
East 33 feet of Frisbie Street lying south of the westerly extension of the north line of Lot 1,
Block 532 in the Revised Plat of 1903 of the City of Muskegon; and

WHEREAS, the Planning Commission held a public hearing on October 11, 2007 to consider
the petition and subsequently recommended the vacation; and

WHEREAS, due notice had been given of said hearing as well as the October 23, 2007 City
Commission meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the unimproved portion of Frisbie Street described
above; and

BE IT FURTHER RESOLVED, that the City Commission does hereby declare the said portion
of street vacated and discontinued; and

BE IT FURTHER RESOLVED, that this Resolution shall not become final and binding on the
City until there has been full compliance with state law, including an appropriate circuit court
order; and

BE IT FURTHER RESOLVED, that this Resolution shall not be recorded with the Register of
Deeds until all conditions are satisfied.

Adopted this 23 rd day of October, 2007.

        Ayes:     Spataro, Warmington, Wierenga, Wisneski, Carter,
                  Gawron, and Shepherd
        Nays:     None

        Absent:    None
                    CERTIFICATE (Vacation of a portion of Frisbee Street)


I hereby ce1tify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on October 23, 2007.

                                                                                    f)
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                                                        "-..\k" \ ,\  ::--(A J\ ,·, \.   ) Q_ '   I·( "-,
                                                       Ann Marie Becker, MMC
                                                       Clerk, City of Muskegon
                                     Staff Report [EXCERPT]
                                       CITY OF MUSKEGON
                                     PLANNING COMMISSION
                                       REGULAR MEETING

                                            October 11, 2007



Hearing; Case 2007-39: Request to vacate Frisbee Street, between Block 531 and Block 532, by
Ralph VanRiper, McGraft Church.



BACKGROUND

The applicant is McGraft Church. Their property abuts the platted but undeveloped portion of Frisbie
Street. The church has preliminary plans to build a "Family Life Center Building", however their
present property isn't large enough to accommodate the size building they would like. They initially
approached the City through the Leisure Services Department to obtain a lease for a portion of
McGraft Park property adjacent to their property for construction of their building. However, since
McGraft Park is a "Charter Park" this is not a possibility.


This street vacation is not your ordinary street vacation request. Streets that are located within
approximately 80 feet of a body of water may only be vacated by the circuit court. According to the
Subdivision Control Act, Section 560.256:


    Land in a subdivision dedicated to the use ofthe public for purposes other than pedestrian or
    vehicular travel, or land dedicated for a public way which is under the jurisdiction ofa
    municipality, a portion ofwhich public way is within 25 meters ofa lake or the general course of
    a stream, shall not be revised, altered, or vacated except by order ofthe circuit court in the county
    in which the land is situated "

Since the church needs the additional 33 feet of this street for their addition, which would become
church property if Frisbie Street is vacated, they are willing to pursue the final vacation in circuit
court. In order for them to move forward with this action, approval of the vacation must be granted by
City Commission. Therefore, McGraft Church is requesting the vacation of the east 33 feet of Frisbee
Street only.
Engineering, Fire and DPW have no issues with the proposed vacation. The church has requested that
no utility rights be retained, since they need to locate a portion of their building on the additional
property. There are no city utilities located in the platted street right-of-way, and staff has had no
response from other utilities that were notified of this request. The church accesses their utilities from
the developed portion of Frisbie and Roilson Streets.
    City o_f Muskegon
    Pl anmngC
    Ca     #        .
                omm1ssion
        se 2007-38 & 39
                                            Selected Property

                                            Mfected Properties




STAFFRECOMMENDATION

Staff recommends approval of the request.
DELIBERATION


I move that the vacation of the east 33 feet of that part of vacated Frisbie Street located between Block
521 and Block 532 of the Revised Plat of 1903 of the City of Muskegon, Muskegon County
Michigan, which lies South of the North line of said Block 532, extended West to the West line of
said Frisbie Street, be recommended to City Commission for (approval/denial), based on
(compliance/lack of compliance), with the City's 1997 Master Land Use Plan.
Date:      October 23, 2007
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Liquor License Transfer Request
           Captain Jack's, LLC, 1601 Beach




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Captain Jack's, LLC to transfer
ownership of the 2007 Class C-SDM licensed business with Dance-
Entertainment Permit, Outdoor Service (2 Areas), Drive-Up Window
(without alcoholic beverage sales) and 2 Bars located at 1601 Beach
Street, Pavilion Building, from BLMC Enterprises, Inc.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the request.
                           PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
                          TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS

                                                         2007-89(d)                                                                             Request ID #426221
                                                                                                                                                a- /-07
                                                      RESOLUTION

At a _ ___,.:::Rc:ce:.:g'-'u"-l=a=-r-=--__,--,,.---- meeting of the                 C i t y Comm i s s i on
          (Regular or Special)                                                     (Township Board, City or Village Council)

called to order by Mayor Warmington                           on October 23,                            2007 at 5: 30                                 P.M.

The following resolution was offered:

Moved byVice Mayor Gawron                              and supported by Commissioner Carter

That the request from CAPTAIN JACK'S, LLC REQUESTING TO TRANSFER OWNERSHIP 2007 CLASS C
LICENSED BUSINESS, WITH DANCE-ENTERTAINMENT PERMIT, FROM BLMC ENTERPRISES, INC. LOCATED AT
PERE MARQUETTE PARK, 1601 BEACH, PAVILION BLDG., MUSKEGON MICHIGAN, 49441, MUSKEGON COUNTY

be considered for __________A---"-p-"p_r_o_v-,-a_l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                            (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:

-----------=R-=e-=c:..:o:..:m.::m=e..::n:..:d:..:e=-d=-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ for issuance
                              (Recommended or Not Recommended)

State of Michigan _ _ _ __,

County of Muskegon

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the City Cammi s s ion                        at a ---=R:..:eeag,_u--=1-=a-=r'----------
               (Township Board, City or Village Council)               (Regular or Special)

meeting held on            October 23,     2007.
                              (Date)                                                                               C
                                                                                                  (Signed)         \~--1"',
                                                                                                                       ~'\~\;\,(.I                            ~ 'vvl l.>v\
                                                                                                           (Township, City or Village Clerk)
                          SEAL                                                                     Ann Marie Becker, City Clerk
                                                                                                   933 Terrace, Muskegon, MI                    49440
                                                                                                  (Mailing address of Township, City or Village)


LC-1305{Rev. 0812006)                      The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sax, religion, age,
Authority: MCL 436.1501                    national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory                      wilh Oisabililies Act, you may make your needs known to this agency.
Penalty: No License
                                Muskegon Police Department
                                                  Anthony L. Kleibecker
                                                 Director of Public Safety




                  980 Jefferson                 www. m uskcgonpo Iice .com   Phone: 231-724-6750
                  Muskegon, Michigan                                         FAX: 23 1-722-5 140
                  49443-0536




September 25, 2007



To:           City Commission through the City Manager

From:                   L . )~
                     ny L. Kleibecker, Director of Public Safety

        Re:   Liquor License Request - 1601 Beach Street
                                          Muskegon, Mi 49441
              Transfer of 2007 Class C-SDM licensed business



The Muskegon Police Depaitment has received a request from the Michigan Liquor Control Commission
for an investigation of applicant Captain Jack' s LLC, comprised of Robert and Jennifer Osborn of 3125
Tuell NW, Grand Rapids MI.

Captain Jack's, LLC requests to transfer ownership of 2007 Class C-SDM licensed business with Dance-
Entertainn1ent Permit, Outdoor Service (2 Areas), Drive-Up Window (without alcoholic beverage sales),
and 2 Bars located at 160 l Beach Street, Pavilion Building, from BLMC Enterprises, Inc. Robert and
Jennifer Osborn have no experience in the alcohol service industry but are 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 oppo1tunities; the Michigan Licensed
Beverage Association and the Liquor Control Commission.

A check of Muskegon Police Depaitment records and criminal history showed no reason to deny this
request.



ALK/kd
                         Michigan i..Jepartment of Labor & Economic Growth     FOR MLCC USE ONLY
                   MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                7150 Harris Drive, P.O. Box 30005            Request ID # 426221
                                  Lansing, Michigan 48909-7505
                                                                             Business ID# 199323
                           LOCAL APPROVAL NOTICE                             9-//-6 7
                                    [Authorized by MCL 436.1501]




July 25, 2007


TO: Muskegon City Council
     Clerk
     933 Terrace Street
     PO Box 536
     Muskegon, Ml 49443-0536


APPLICANT: CAPTAIN JACK'S, LLC

Home Address and Telephone No. or Contact Address and Telephone No:

MEMBERS:
 JENNIFER L OSBORN 3125 TUELL NW, GRAND RAPIDS Ml, 49504
 (B.P. 616-581-2505 H.P. 616-791-8296)
 ROBERT L OSBORN (SAME) (B.P. 616-233-6211)
 -a-ENISIIEER ~: BEE~Y 71 J 1 COURTLAND PRIVE ME, RO€llffORE'J IQll, 49841----
,(B.P. 231 755 1555 H P 616-ZD6-1594) 7hi.s ctf'l'lia,nr wlf--1,d,.-e ✓




The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998.                  For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.

For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. The clerk should complete the
resolution certifying that your decision of approval or disapproval of the application was made at an
official meeting. Please return the completed resolution to the MLCC as soon as possible.

If you have any questions, please contact the On-Premises Section of the Licensing Division at
(517) 636-4634.

Jr
9-17 --, 07

                           LIQUOR LICENSE REVIE\V FOR.1,1:

        Business Name: ___,Jd~~;tJ,fl_i'--...:a:::1....L.1.1t2~-....lt.s""-L......:cr::.....::::;;C.L.1,f......:.s~~~'_.-L~L~C_._____

        AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

        Operator/Manager's Name_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

        Business Address:


        Reason for Review:
        New License           •                Transfer       of Ownership fa                            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         pi           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                     ff        L      - l   ~                            ·
       Please return to the City Clerk's Office
                                                                     REcc1v
                                                                        b ·.ED
                                                                        ··~


                                                                        SEP 2 5 2007
                                                                   MUSKEGON POLICE DEPT
                                                                      CHIEF of POLICE
To:    Tony Kleibecker, Director of Public Safety

From: Det. Kurt Dykman

Date: 09-25-07

Re:    Liquor License Transfer



ChiefKleibecker,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Captain Jack's, LLC of
Muskegon, Ml.

Captain Jack's, LLC. is requesting to transfer ownership of2007 Class C-SDM licensed
business with Dance-Entertainment Permit, Outdoor Service (2 Areas), Drive-Up
Window (without alcoholic beverage sales), and 2 Bars, from BLMC Enterp1ises, Inc.
located at Pere Marquette Park, 1601 Beach, Pavilion Bldg., Muskegon, Mi 49441.

Captain Jack's, LLC. is comprised of Robert and Jennifer Osborn, of3125 Tuell NW,
Grand Rapids, Ml. 49504. Mr. and Mrs. Osborn have no experience in the alcohol
service industry but have been made aware of the Muskegon Police Departments position
on enforcing local alcohol laws and ordinances.

A check ofMPD records and Criminal History showed no reason to deny this request.

Respectfully submitted,


  k\ ,o--/
      ·~
Det. Kurt Dykman


data/common/liquor/captain jack's
                                                                                                                                                        9-;J-o?
                                          Michigan Department of Labor & Economic Growth
                              MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                                                                                                                                             vH-zi-
                                                       7150 Harris Drive, P.O. Box 30005
                                                         Lansing, Michigan 48909-7505
                                                                                                                                                         tj;J(.,olfJ J

                                   POLICE INVESTIGATION REQUEST
                                                          [Authorized by MCL 436-1201(4)]




July 25, 2007


Muskegon Police Department
Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536

Request ID #426221

Applicant: CAPTAIN JACK'S, LLC REQUESTING TO TRANSFER OWNERSHIP 2007 CLASS C-SDM LICENSED
BUSINESS, WITH DANCE-ENTERTAINMENT PERMIT, OUTDOOR SERVICE (2 AREAS), DRIVE-UP WINDOW
(WITHOUT ALCOHOLIC BEVERAGE SALES) AND 2 BARS, FROM BLMC ENTERPRISES, INC. LOCATED AT PERE
MARQUETTE PARK, 1601 BEACH, PAVILION BLDG., MUSKEGON MICHIGAN, 49441, MUSKEGON COUNTY


Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing,
give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for
Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the
front of the form, you may nse the back.


Forward your rep01i, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor Control
Commission.



If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers & Wholesalers) at
(517) 322-1400.

Jr




LC-1972(Rev. 09/05)                  The Department of labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1201(4)           national origin. color, marital status, disability, or polilical beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory                with Disabilities Act, you may make your needs known lo this agency.
Penalty: No license
                                                       Michigan " _.,iartment of Labor & Economic Growth                                                          FOR MLCC USE ONLY
                                           MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                                              7150 Harris Drive, P.O. Box 30005                                                              Request ID# 426221
                                                                Lansing, Michigan 48909-7505
                                                                                                                                                             Business ID# 199323
                                                      POLICE INVESTIGATION REPORT                                                                          CJ ·// ·o7   (PAGE 1 OF 2)
                                                        [Authorized by MCL 436.1217 and R 436.1105; MAC]

        Please conduct your investigation as soon as possible, complete all four sections of this report and return the
        completed report and fingerprint cards to the MLCC
I LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
    CAPTAIN JACK'S, LLC REQUESTING TO TRANSFER OWNERSHIP 2007 CLASS C-SDM LICENSED BUSINESS, WITH
    DANCE-ENTERTAINMENT PERMIT, OUTDOOR SERVICE (2 AREAS), DRIVE-UP WINDOW (WITHOUT ALCOHOLIC
    BEVERAGE SALES) AND 2 BARS, FROM BLMC ENTERPRISES, INC. LOCATED AT PERE MARQUETTE PARK, 1601
    BEACH, PAVILION BLDG, MUSKEGON MICHIGAN, 49441, MUSKEGON COUNTY
I Section 1.                                                               APPLICANT INFORMATION                                                                                                                    l
    APPLICANT#1:                  JENNIFER L OSBORN                                                    APPLICANT#2:                     ROBERT L OSBORN
                                  3125 TUELL NW                                                                                         (SAME)
                                  GRAND RAPIDS, Ml 49504                                                                                (B.P. 616-233-6211)
                                  (B.P. 616-581-2505 H.P. 616-791-8296)

I; DATE FINGERPRINTED:                        '7· 2,1 -t:?'7                                           DATE FINGERPRINTED:                             9 ·Zt?·           iJ7                                        I
    DATE OF BIRTH:                                                                                     DATE OF BIRTH:
    Is the applicant a U.S. Citizen:                   ~   Yes              •     No*                  Is the applicant a U.S. Citizen:                             I,@'       Yes           •        No•

    *Does the applicant have permanent Resident Alien status?                                          *Does the applicant have permanent Resident Alien status?
             •
            Yes        No*   •                                                                                  •
                                                                                                               Yes        No*      •
    *Does the applicant have a Visa? Enter status:                                                     *Does the applicant have a Visa? Enter status:

I                 **Attach the finQerprint card and $30.00 for each card and mail to the Michiaan Liauor Control Commission**                                                                                       I
    ARREST RECORD:                     •    Felony         O Misdemeanor                               ARREST RECORD:                            •   Felony              •     Misdemeanor
    Enter record of all arrests & convictions (attach a signed and dated                               Enter record of all arrests & convictions (attach a signed and dated
    report if more space is needed)                                                                    report if more space is needed)

I Section 2.                                           INVESTIGATION OF BUSINESS AND ADDRESS TO BE LICENSED                                                                                                         I
    Does applicant intend to have dancing, entertainment, topless activity, or extended hours permit?
    •  No    /2N{es, complete LC-1636
    Are gas pumps on the premises or directly adjacent? j8f 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? JW- Yes         No                  •
    If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)


I Section 4.                                                                         RECOMMENDATION
    From your investigation:
       1. Is this applicant qualified to conduct this business if licensed?                                            <!$!"Yes       D No
       2. Is the proposed location satisfactory for this business?                                                     gJ Yes            No  •
       3. Should the Commission grant this request?                                                                    0-Yes             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.\~                                                                                                       9-2-> ·t.'7
                                                                                      aue ~ h i e f of Police)                                                                                   Date


                                                                                MUSKEGON POLICE DEPARTMENT


        LC-1800(Rev. 07/06)                                  The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion. age,
        Authority: MCL 436.1217 and R 436.1105; MAC          national origin. color. marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc,, under 1he Americans
        Completion: Mandatory                                with Disabilities Act, you may make your needs known lo this agency.
        Penalty· No License
                                                      Michigan       L   ,,;artment of Labor & Economic Growth                                                         FOR MLCC USE ONLY
                                           MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                                                   7150 Harris Drive, P.O. Box 30005                                                               Request ID# 4,.2.:.,6,.2:.2'--'1'----
                                                                     Lansing, Michigan 48909-7505
                                                                                                                                                                   Business ID# 199323
                                                  POLICE INVESTIGATION REPORT                                                                                     '7-//-·0J   (PAGE 2 OF 2)
                                                       [Authorized by MCL 436.1217 and R 436.1105; MAC]

        Please conduct your investigation as soon as possible, complete all four sections of this report and return the
        completed re ort and fingerprint cards to the MLCC
    LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
    CAPTAIN JACK'S, LLC REQUESTING TO TRANSFER OWNERSHIP 2007 CLASS C-SDM LICENSED BUSINESS, WITH
    DANCE-ENTERTAINMENT PERMIT, OUTDOOR SERVICE (2 AREAS), DRIVE-UP WINDOW (WITHOUT ALCOHOLIC
    BEVERAGE SALES) AND 2 BARS, FROM BLMC ENTERPRISES, INC. LOCATED AT PERE MARQUETTE PARK, 1601
    BEACH, PAVILION BLDG., MUSKEGON MICHIGAN, 49441, MUSKEGON COUNTY
I Section 1.                                                                    APPLICANT INFORMATION                                                                                                                      I
    APPLICANT #1:                JENNIFER K BEERY                                                            APPLICANT #2:
                                 7111 COURTLAND DRIVE NE
                                 ROCKFORD, Ml 49341
                                 (B.P. 231-755-1555 H.P. 616-706-1594)

I DATE FINGERPRINTED:                                                                                        DATE FINGERPRINTED:
                                                                                                                                                                                                                           I
    DATE OF BIRTH:                                                                                           DATE OF BIRTH:
    Is the applicant a U.S. Citizen:                  •   Yes                   •      No'                   Is the applicant a U.S. Citizen:                               •        Yes           •        No'

    'Does the applicant have permanent Resident Alien status?                                                'Does the applicant have permanent Resident Alien status?
            •
            Yes     D No'                                                                                            •
                                                                                                                     Yes        No'      •
    'Does the applicant have a Visa? Enter status:                                                           'Does the applicant have a Visa? Enter status:

I                 "Attach the finQerprint card and $30.00 for each card and mail to the MichiQan Liquor Control Commission"                                                                                                I
    ARREST RECORD:                     •   Felony         •       Misdemeanor                                ARREST RECORD:               Felony       •  Misdemeanor           •
    Enter record of all arrests & convictions (attach a signed and dated                                     Enter record of all arrests & convictions (attach a signed and dated
    report if more space is needed)                                                                          report if more space is needed)

I Section 2.                                          INVEST"             - .                            ·                    11.DDRESS TO BE LICENSED
    Does applicant intend to have dancing, ent,                      r/, 1 ~          J;.,0 l I ll}./11·                       nded hours permit?
    •  No         •
                Yes, complete LC-1636                                                 "f"r
    Are gas pumps on the premises or directly,                                                                                 ilain relationship:

I Section 3.                    LOCAL AND STATE C                                                                              1 D GENERAL RECOMMENDATIONS
    Will the applicant's proposed location meet;                                                                                ling, plumbing, zoning, fire, sanitation and health laws
    and ordinances, if this license is granted?
    If you are recommending approval subject le                                                                           _...• ,.)ns: (attach a signed and dated report if more space is needed)



I Section 4.                                                                              RECOMMENDATION
    From your investigation:
       1. Is this applicant qualified to conduct this business if licensed?        Yes           No                          •                     •
       2. Is the proposed location satisfactory for this business?             D Yes             No                                                •
       3. Should the Commission grant this request?                                Yes           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)




                                                                                    Signature (Sheriff or Chief of Police)                                                                             Date


                                                                                    MUSKEGON POLICE DEPARTMENT


        LC·1800 (Rev. 07/06)                                      The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
        Authority: MCL 436.1217 and R 436.1105; MAC               nation a! or_igin, color, marital status, disability, or political beliefs. lf you need help wilh reading, writing, hearing, etc., under the Americans
        Completion: Mandatory
        Penally: No license                                   I   with Disabilities Act, you may make your needs known to this agency.
                              Michigan Dc,-,drtment of Labor & Economic Growth                      FOR MLCC USE ONLY
                            MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                     7150 Harris Drive, P.O. Box 30005                            Request ID# 426221
                                       Lansing, Michigan 48909-7505
                                                                                                  Business ID# 199323
                         LAW ENFORCEMENT RECOMMENDATION                                           9-11-07
                               [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]



                                                            July 25, 2007


TO: MUSKEGON POLICE DEPARTMENT


    Re: CAPTAIN JACK'S. LLC


We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
request should be directed to the MLCC Licensing Division at (517) 322-1400.



    •      OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:

            Weekdays              A.M. to                A.M.

            Sundays               A.M. to                A.M./P.M.

    D Recommended D Recommended, subject to final inspection D Not Recommended
    NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
    must complete the box below. If additional space is needed please use reverse side of this form.


    •      OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:

            Weekdays              A.M. to                A.M.

            Sundays               A.M. to                A.M./P.M.

    D Recommended D Recommended, subject to final inspection D                        Not Recommended



    [z:J   DANCE PERMIT

    ~ Recommended         D Recommended, subject to final inspection D                Not Recommended



    [z:J   ENTERTAINMENT PERMIT

    %Recommended          D Recommended, subject to final inspection D                Not Recommended
,

    •      TOPLESS ACTIVITY PERMIT

    D Recommended D Recommended, subject to final inspection D                         Not Recommended
                                                                                                                                                                              t/ /J & :;; 9- I
     Law Enforcement Recommendation (co, .. J)
     Page 2                                                                                                                                                                 1-11✓ ()7
     July 25, 2007
                                                                                                                                                                                    ~

     cg]      OUTDOOR SERVICE (2 AREAS)

     ~     Recommended                   D Recommended, subject to final inspection D                                         Not Recommended




     •        PARTICIPATION PERMIT

     D Recommended D Recommended, subject to final inspection D                                                               Not Recommended



     cg]      ADDITIONAL BAR PERMIT (FOR A TOTAL OF 2 BARS)

     ~Recommended                        D Recommended, subject to final inspection D                                         Not Recommended



     cg]      OTHER             DRIVE-UP WINDOW (WITHOUT ALCOHOLIC BEVERAGE SALES)

     ~ Recommended                       D Recommended, subject to final inspection D                                         Not Recommended




Signed:

 -,._~L.I~
Signatand Title
Muskegon Police Department


/J,, J1?,.,, ~ /<1.e,b e<-Kt',,.,7              D;;.e, ,-,,- ,-/    /?,1~i,,         5-,/e;l'
Print Name and Title



Date: _ _          '1_-z_s_·-_1J_7_ _ _ _ _ _ _ __
jr




     LC-1636 (Rev. 08/2006)                               The Department of labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
     Authority: MCL 436.1916, R 436.1105(2)(d) and        nallona! origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc.. under the Americans
     R436.1403                                            with Disabilities Act, you may make your needs known to this agency.
     Completion: Mandatory
     Penalty: No License and/or Permit
        ,
        . ~ liX
      II 1,, ,,1:-_ 1 r
f 11-lf)M} ~          Ii
   LR.I f1.ll lN
l(~;l(~*~iOOE~ Jf:X, it
L Ql OF,        ·-:JO. uO
I rEt U                     ./
L. I f J                                                   9-91-720

         2:JO .... lfJO           OSBORN ASSOCIATES
Ol3 :. ,6AM10· 76--.a:J?          1400 PLAINFIELD NE
                                  GRAND RAPIDS, Ml 49 05
ou.26 l NM




                                 OSBORN ASSOCIATES
                                 1400 PLAINFIELD NE
                                 GRAND RAPIDS, Ml 495_95
9·-11-: a 7

                              LIQUOR LICENSE REVIE\V FORl,f
                                                                                                     1


        Business Name: __.6.........,C$,,....()-i--'a""--'---1n....__.....
                                                                       , [;
                                                                          ____q..__c.....f......_,--\-+- I __L__L_C_.- - - -
        AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

        Operator/Manager's Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

        Business Address:                                         · /00/                     t?ec1 ck:

        Reason for Review:
        New License               D                   Transfer of Ownership                        fa               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                                    Approvede f                        Owing D                 Amount:

       Treasurer                                    Approved             D             Owing             D      Amount:

       Zoning                                       Approved             D             Denied            D      Pending ZBA   •
       Clerk's                                      Approved             D             Owing         D          Amount:

      · Fire/Inspections                            Approved             D             Denied            D      Remaining Defects   D




       Department Signature__~_
                              .- - -~
                                    - -=----·__· __________
       Please return to the City Clerk's Office
9'-17--, a 7

                           LIQUOR LICENSE REVIE\V FORi,1
                                                                                                        0 FAXeo
                                                                                                                          Ri:CE/Vi:D C]
         Business Name: ______                    i...
                             12..........a. .1........
                                                n.....___,....,.L_____.q__c. . l......_s_,
                                                                               . ._
                                                                                     7
                                                                                              __,L....._L_c
                                                                                                         __   C'_   __,.......,,.._
                                                                                                              o[P 1 7 2007
         AKA Business Name (if a pplica hie): _ _ _ _ _ _ _ _....., P
                                                              9 f+I =w:A:,...,
                                                                         Ro..,.,.v.,...
                                                                                    sa _ ..,.,,.,.~      H
                                                                                                         A'

                                                                                                        ~ OF MUSKEG Pos lED [J
                                                                                                                         ONTREAsuRy
         Operator/Manager's Name_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

         Business Add.ress:


        Reason for Review:
        New License           •                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         rn/         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_.-.
                               / _-t.:_D
                                       .,. _~_ _ _                      .;..__1IG
                                                                               -'t/,r.-/_'7.,f4_
                                                                                             . . cF1
                                                                                                  -F--- - - - - - - -
                                                                               /      7      -f-
        Please return to the City Clerk's Office
9·- 17-0 7

                     LIQUOR LICENSE REVIE\V FOR.1,1

       Business Name:                    ...........i__a__1.....t2..___
                           _6,..........,0(J                                  L
                                                                              . . . . a. . . . . f...._~
                                                                          _,_,s          c.....
                                                                                                      7
                                                                                                       -+-._    L.___i~C,_.____
                                                                                                               ....



       AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

       Operator/Manager's Name_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

       Business Address:                                     /60/                           ilea clv:
       Reason for Review:
       New License     •                   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}8l                                Denied                 D          Pending ZBA   •
       Clerk's                           Approved                 D                 Owing                  D          Amount:

       Fire/Inspections                  Approved                 D                 Denied                 D          Remaining Defects   D




      Department Signatu~                                   ~
      Please return to the City Clerk's Office
9-17-07

                           LIQUOR LICENSE REVIE\V FORJ,1

                                   0(1_./2_..a....1.....t2....._
     Business Name: ____.t,""'-""',......                     · _.._.5,[;'---"-'q-"c""'"f""---=__;?+'_   _..L_L"""---C_
                                                                                                                      . _ _ __
     AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

     Operator/Manager's Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

     Business Address:


     Reason for Review:
     New License              •                    Transfer of Ownership~                                      Dance Permit      D
     Drop/Add Name on License                              D                                               Transfer Location     D
     Drop/Add Stockholder Name                                0                              New Entertainment Permit            D

     Other
                ----------------------------,,-
     Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __

    . Public Safety                              Approved             D             Denied         D       No Action Needed      D
     Income Tax                                  Approved             D             Owing D                Amount:

     Treasurer                                   Approved             D             Owing         D        Amount:

     Zoning                                      Approved             D            Denied         D        Pending ZBA   0
     Clerk's                                     Approved            D             Owing          D        Amount:

    · Fire/Inspections                           Approved~                         Denied         D       Remaining Defects      D




    Department Signature--1,,L._                        ___,1.-"'-1--,;-___..___ _ _~ ~ - - - - - - -

    Please return to the City Clerk's Offi
9-17 --, 07

                      LIQUOR LICENSE REVIE\V FORl,f

        Business Name:                                              12...___...,_c._Ti-"'a......c:;;.<.J~~7+. _ ....L..__L_C_____
                                        ~ j!,.O.(}....../J-=q"""'1.....
                            ___./)r,........,

        AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

        Operator/Manager's Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

        Business Address:


        Reason for Review:
        New License     D                        Transfer of Ownership~                                     Dance Permit            D
        Drop/Add Name on License                               D                                      Transfer Location             D
        Drop/Add Stockholder Name                                  D                     New Entertainment Permit                   D
        Other _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

       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                    D       Denied     D       Remaining Defects          D




       Department Signature__,,~~+-::~...;._~---11'-~-- - - - - - --
       Please return to the City Clerk's Office
Affomative Action
(231 )724-6703
FAX (231)722-1214

Assessor
(231 )724-6708
FAX (231 )726-5181

Cemetery
(231 )724-6783
FAX (231)726-5617
                                               West Michigan's Shoreline Cicy
City Manager                                       www.shorelinecity.com
(231 )724-6724
FAX (231)722-1214

Civil Service
(231 )724-6716
FAX (231)724-4405     October 17, 2007
Clerk
(231 )724-6705
FAX (231)724-4178

Comm. & Neigh.        Ms. Bonnie Witt, President
Services
(231 )724-6717        Beachwood/Bluffton Neighborhood Assoc.
FAX (231 )726-2501
                      2261 Surfwood
Engineering           Muskegon,Ml 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 Captain Jack's LLC to transfer ownership of the Class C-SDM
(231 )724-6792
FAX (231 )724-6985    licensed business located at 1601 Beach Street from BLMC Enterprises, Inc. A
                      Class C license permits the sale of beer, wine, or liquor for consumption on the
In.come Tax
(231)724-6770         licensed premises; and a SDM license permits the sale of beer and wine for
FAX (231)724-6768     consumption off the premises. On Tuesday, October 23, 2007, the City
Info. Technology      Commission will review this request and determine whether or not it should be
(231 )724-4126
FAX (231)722-4301
                      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
(23 I )724-6704       49440 or attend the City Commission Meeting on October 23, 2007, at 5:30 p.m.
FAX (231)724-1196
                      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
FAX (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
 FAX (231)724-6768

 Water Filtration
 (231)724-4106
 FAX (231)755-5290      City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                http://www.shorelinecity.com
Affirmative Action
(231)724-6703
FAX (231)722-1214
                                                lVIlJSKEGOl\"
                                                          '
                                                                      I
Assessor                                                                  '
(231)724-6708
FAX (231)726-5181                                     .
                                                              .
                                                                  .
Cemetery                                        j r            t, .
(231 )724-6783
FAX (231)726-5617                               •.''I ;, ,,r'~
                                                         ... j·I
                                                '"tj I I.!


City Manager                                    \\'t>ai, !\Iirhl~an's Shoreline CUy
(231 )724-6724
FAX (231 )722-1214

Civil Service
(231)724-6716
FAX (231)724-4405     October 17, 2007
Clerk
(231 )724-6705
FAX (231 )724-4178

Comm. & Neigh.
Services              Robert and Jennifer Osborn
(231 )724-6717        3125 Tuell NW
FAX (231)726-2501
                      Grand Rapids, MI 49504
Engineering
(231 )724-6707
FAX (231)727-6904     Dear Mr. & Mrs. Osborn:
Finance
(231)724-6713         This letter is to inform you that your liquor license request to transfer the 2007
FAX (231)724-6768
                      Class C-SDM licensed business at 160 I Beach Street, Muskegon, will be
Fire Department       presented to the City Commission on October 23, 2007. This meeting begins at
(23 I )724-6792
FAX (231)724-6985     5:30 p.m. and is located in the City Commission Chambers, 933 Terrace,
Income Tax
                      Muskegon, ML
(23 I )724-6770
FAX (231)724-6768
                      This request has also been sent to the Beachwood/Bluffton Neighborhood
Info. Technology      Association for their comments. It is Commission practice to let the
(231)724-4126
FAX (231)722-4301     Neighborhood Association know of any liquor license requests that are located
                      within their boundaries. This allows for comments from the people who live there
Inspection Services
(231 )724-6715        and not just from the owners of the business' who are located there.
FAX (231)728-4371

Leisure Services      Sincerely,
(231)724-6704
FAX (231)724-1196

Mayor's Office
(231)724-670 I
FAX (231)722-1214     Linda Potter
Planning/Zoning       Deputy Clerk
(231 )724-6702
FAX (231 )724-6790

Police Department
(231 )724-6750
FAX (231)722-5140

Public Works
(231)724-4100
FAX (231 )722-4188

Treasurer
(23 I )724-6720
FAX (231)724-6768

Water Billing
(231 )724-6718
FAX (231)724-6768

Water Filtration
(231)724-4106
FAX (231)755-5290      City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                              http://www.shorelinecity.com
Affirmative Action
(231 )724-6703
FAX (231)722-1214

Assessor
(231 )724-6708
FAX (231)726-5181

Cemetery
(231 )724-6783
FAX (231)726-5617
                                                West Michigan's Shoreline City
City Manager                                        www.shorelinecity.com
(231 )724-6724
FAX (231)722-1214

Civil Service
(231 )724-6716
FAX (231)724-4405

Clerk
(231 )724-6705
FAX (231 )724-4178    October 26, 2007
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501
                      Liquor Control Commission
Engineering
(231 )724-6707        7150 Harris
FAX (231)727-6904
                      PO Box 30005
Finance               Lansing, MI 48909-7505
(231 )724-6713
FAX (231)724-6768
                      REF:    Req ID #426221
Fire Department
(231 )724-6792                Jennifer L. Osborn &
FAX (231 )724-6985            Robert L. Osborn
Income Tax                    1601 Beach
(231 )724-6770
FAX (231 )724-6768
                              Muskegon,MI 49441
Info. Technology
(231 )724-4126        To Whom It May Concern:
FAX (231)722-4301

Inspection Services   Enclosed is the Resolution, Form LC-1800, Form LC-1636, print cards and check
(231)724-6715
FAX (231)728-4371
                      for Jennifer and Robert Osborn. This was recommended for approval by the City
                      Commission at their October 23, 2007, City Commission Meeting.
Leisure Services
(231 )724-6704
FAX (231)724-1196     Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Mayor's Office
(231)724-6701         Sincerely,
FAX (231)722-1214

Planning/Zoning
(231 )724-6702
FAX (231)724-6790

Police Department     Linda Potter
(231)724-6750         Deputy Clerk
FAX (231)722-5140

Public Works          enc.
(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
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•   Print your name and address on the reverse                         X
    so that we can return the card to you.
                                                                                                                                              _p Addressee
                                                                       B. Received by ( Printed Name)
•   Attach this card to the back of the mailpiece,                                                                                       C. Date of Delivery
    or on the front if space permits.                                                                                    - .., · .. ·-
1. Article Addressed to:                                               D. Is d_~iveiy a~-~re~ ~~~-_trpn_!-:it•~\t~:,1 0 Yes
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       Liquor Control Commission                                                            ·•\',,;
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      7150 Harris
      PO Box30005                                                      3. Servlc;E;t ~w;c;f:r•":: _·"2:; :· _-,_ :· ,, c:.:."· {)

      Lansing,. MI 48909-7505                                              .l!;rcil~f\Jiid ~ I : :. • ~iess Mall
                                                                             D RJgiste~d                          •       Return Receipt for Merchandise
                                                                            •        Insured Mail                 •       C.O.D•
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2, Article Number
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PS Form 3811, February 2004                      Domestic Return .Receipt                                                                  102595--02-M-1540
Date:      October 23, 2007
To:        Honorable Mayor and City Commissioners

From:      Ann Marie Becker, City Clerk

RE:        Liquor License Transfer Request
           AGZ, Inc., 313 W. Laketon




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from AGZ, Inc. to transfer ownership
of the 2007 Class C-SDM licensed business with Dance-Entertainment
Permit located at 313 W. Laketon Avenue from The Castle Inn, Inc.
(Time Out Lounge).

FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the request.
                                 Musl(egon Police Department
                                                 Anthony L. Kleibecker
                                                Director of Public Safety




                   980 Jefferson               www.muskegonpolice.com       Phone: 23 l-724-6750
                   Muskegon, Michigan                                       FAX: 231-722-5140
                   49443-0536




October 12, 2007



To:           City Commission through the City Manager

From:                  t- . l ~

Re:           Liquor License Request - 313 W. Laketon Avenue
              Transfer of2007 SDM Licensed Business with Dance-Entertainment Petmit



The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation from applicant AGZ, Inc. which is comprised of Scott Miller of 3147 Lakeshore
Drive, Muskegon, Ml.

AGZ, Inc. requests to transfer ownership of 2007 Class C-SDM licensed business with Dance-
Ente1iainment Permit from The Castle Inn, Inc. located at 313 W. Laketon Ave, Muskegon, Mi. Mr.
Miller has 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 oppo1tunities; 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
                                                                            ~J's..     1
                                                                                        \,   I~ -·61 ~~
                         Michigar, . apartment of Labor & Economic Growth     FOR MLCC USE ONLY
                   MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                7150 Harris Drive, P.O. Box 30005
                                                                            Request ID# 427882
                                  Lansing, Michigan 48909-7505

                                                                            Business ID# 200113
                           LOCAL APPROVAL NOTICE
                                    [Authorized by MCL 436.1501]




August16,2007


TO: Muskegon City Council
     Clerk
     933 Terrace Street, PO Box 536
     Muskegon, Ml 49443-0536


APPLICANT: AGZ, INC.

Home Address and Telephone No. or Contact Address and Telephone No:

STOCKHOLDER:
SCOTT M MILLER 3147 LAKESHORE DRIVE, MUSKEGON Ml, 49441
(B.P. 231-744-3900 H.P. 231-206-3405)




The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998.                  For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.

For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. The clerk should complete the
resolution certifying that your decision of approval or disapproval of the application was made at an
official meeting. Please return the completed resolution to the MLCC as soon as possible.

If you have any questions, please contact the On-Premises Section of the Licensing Division at
(517) 636-4634.

jr

              PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
                                                                                                                                                          t ~'-u~
                          TO THE LIQUOR (,-.,NTROL COMMISSION AT ABOVE: ..--DDRESS

                                                                                                                                                      Request ID #427882
                                                                2007-89(f)

                                                            RESOLUTION
At a _ _ _R=e.;agc.:u:..:l::.:a=r_ _ _ _ _ _ _ meeting of the                              City Commission
          (Regular or Special)                                                           (Township Board, City or Village Council)

calledtoorderby Mayor Warmington                                   on      October 23,                         2007at __5_:_3_0__ P.M.

The following resolution was offered:

Moved by Vice Mayor Gawron                                  and supported by                    Commissioner Carter

That the request from AGZ, INC. REQUESTING TO TRANSFER OWNERSHIP 2007 CLASS C LICENSED
BUSINESS, WITH DANCE-ENTERTAINMENT PERMIT FROM THE CASTLE INN, INC. LOCATED AT 313 W
LAKETON, MUSKEGON MICHIGAN, 49441, MUSKEGON COUNTY


be considered for                                Approval
                                                    (Approval or Disapproval)

                                    APPROVAL                                                                   DISAPPROVAL

                  Yeas: _ _ _ _?_ _ _ _ _ __                                             Yeas: _ _ _ _ _ _ _ _ _ __

                  Nays: _ _ _ _o______                                                   Nays: _ _ _ _ _ _ _ _ __

                  Absent: _ _ _o'-------                                                 Absent: _ _ _ _ _ _ _ _ __


It is the consensus of this legislative body that the application be:

-----------ccR=e..:c:..:o::.:m=m..:e:.:n:..d=e-=dc,..,....,...,,,.------,---c-----------for issuance
                       (Recommended or Not Recommended)

State of Michigan----~

County of Muskegon

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the                City Commission                       at a _ _ _-=.R:..:e:.ag,_u::.l=a.::r_ _ _ _ _ __
                          (Township Board, City or Village Council)              (Regular or Special)

meeting held on October 23,                     2007.
                   (Date)

                                                                                                       (Signed)
                                                                                                                        C\\J.J\v>,/'\" . Q . i'1.
                                                                                                                                                "\i~;\,u W/'-v L. ~::\
                                                                                                                (Township, City or Village Clerk)
                          SEAL                                                                          Ann Marie Becker, City Clerk
                                                                                                        933 Terrace, Muskegon, MI                     49440
                                                                                                       (Mailing address of Township, City or Village)



LC-1305 (Rev. 0812006)                          The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1501                         national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory                           with Disabilities Act, you may make your needs known to lh!s agency.
Penalt : No license
                                                                 RECEIVED
                                                                     OCT 1 2 2007
                                                                MUSKEGON POLICE DEPT.
To:     Tony Kleibecker, Director of Public Safety                 CHIEF of POLICE

From: Det. Kurt Dykman

Date:   I 0-12-07

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 AGZ, Inc. of313 W. Laketon
Ave., Muskegon, Ml.

AGZ, Inc. requests to transfer ownership of2007 Class C-SDM licensed business with
Dance-Entertainment Permit from The Castle Inn, Inc. located at 313 W. Laketon Ave,
Muskegon, Mi. AGZ, Inc. is comprised of Scott Miller of 3147 Lakeshore Drive,
Muskegon, Ml. Mr. Miller does have experience in the alcohol serving industry and had
been made aware of the police department's position of enforcing local alcohol laws and
ordinances.

A check ofMPD records and Criminal History showed no reason to deny this request.

Respectfully submitted,




Det. Kurt Dykman


data/common/liquor/AGZ
                                                                                                                                                       \'<"""-'-\..c~ C\ ' \ c\ · cij


                                          Michigan Department of Labor & Economic Growth
                                                                                                                                                                                            ~"'
                             MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                                      7150 Harris Drive, P.O. Box 30005
                                                        Lansing, Michigan 48909-7505


                                   POLICE INVESTIGATION REQUEST
                                                          [Authorized by MCL 436.1201(4)]

                                                                                                                                RECEIVED
August 16, 2007
                                                                                                                                       SEP 1 g 7007
                                                                                                                             MUSKEGON POLICE DEPT.
Muskegon Police Depaitment
                                                                                                                                CHIEF of POLICE
Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536

Request ID #427882

Applicant: AGZ, INC. REQUESTING TO TRANSFER OWNERSHIP 2007 CLASS C-SDM LICENSED BUSINESS,
WITH DANCE-ENTERTAINMENT PERMIT FROM THE CASTLE INN, INC. LOCATED AT 313 W LAKETON,
MUSKEGON MICHIGAN, 49441, MUSKEGON COUNTY




Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing,
give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for
Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the
front of the form, you may use the back.


Forward your report, along with fingerprint cards (ifrequested) and $30.00 for each card to the Michigan Liquor Control
Commission.



If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers & Wholesalers) at
(517) 322-1400.

JI'




LC-1972(Rev. 09/05)                  The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1201(4)           national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory                with Disabilities Act, you may make your needs known lo this agency.
Penalty: No License
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                                            SCOTT M. MILLER
                                            3147 LAKESHORE DR. PH. 231-755-0557
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                                            3147 1.AKESHORE DR. PH. 231-755-0557                                     401816092 1
                                            MUSKEGON, Ml 49441
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Affinnative Action
(231)724-6703
FAX (231)722-1214

Assessor
(231 )724-6708
FAX (231 )726-5 I 81

Cemetery
(231 )724-6783
FAX (231)726-5617
                                                West Michigan's Shoreline City
City Manager                                        www.shorelinaclty.com
(231 )724-6724
FAX (231)722-1214

Civil Service
(231)724-6716
FAX (231 )724-4405

Clerk
(231 )724-6705
FAX (231 )724-4178     October 26, 2007
Comm. & Neigh.
Services
(231 )724-6717
FAX (231)726-2501

Engineering
                       Liquor Control Commission
(231 )724-6707         7150 Harris
FAX (231 )727-6904
                       PO Box 30005
Finance                Lansing, MI 48909-7505
(231)724-6713
FAX (231)724-6768

Fire Department
                       REF:   Req ID #427882
(231)724-6792                 AGZ, Inc.
FAX (231)724-6985
                              313 W. Laketon
Income Tax                    Muskegon, MI 49441
(231 )724-6770
FAX (231)724-6768
                       To Whom It May Concern:
Info. Technology
(231 )724-4126
FAX (231)722-4301      Enclosed is the Resolution, Form LC-1800, Form LC-1636, print card and check
Inspection Services    for Scott M. Miller. This was recommended for approval by the City
(231)724-6715
FAX (231 )728-4371     Commission at their October 23, 2007, City Commission Meeting.
Leisure Services
(231 )724-6704         Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX (231)724-1196

Mayor's Office         Sincerely,
(231 )724-670 I
FAX (231)722-1214

Planning/Zoning
(231 )724-6702
FAX (231 )724-6790     Linda Potter
Police Department      Deputy Clerk
(231 )724-6750
FAX (231)722-5140
                       enc.
Public Works
(23 I )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)724-4I06
FAX (231)755-5290       City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                               http://www.shorelinecity.com
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•   Complete items 1, 2, and 3. Also complete
    item 4 if Restricted Delivery is desired.                                                                                                         D Agent
•   Print your name and address on the reverse                                  X                                                                     _D Addressee
    so that we can return the card to you.
                                                                                B. Received by ( Printed Name)
•   Attach this card to the back of the mailpiece,                                                                                               C. Date of Delivery
    or on the front if space permits.
1. Article Addressed to:                                                        D. Is dgliveiyadd~_ differeiiHr:pm it~,}"/.·~ 0 Yes
                                                                                      If YES,_,enter ~"eliVe~-~ddiessSfiii~;}/t· .,                   •   No
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      Liquor Control Commission                                                                      UL\                /.J   •-·

     7150 Harris
     PO Box30005                                                               3. Seivlce~~---,c:f·fl"'-''•": ~-'. ::_-_'_ :· ;,;;·_ ,, (!

     Lansing,.MI 48909-7505                                                        .l!J'c<iiti\ied ~;;i, °: '. d ·i!x,,~ ;,_,all
                                                                                     D Rigl~t~d                               •     Return Receipt for Merchandise
                                                                                     D Insured Mail                           D C.0.D.
                                                                               4. Restricted Oeliveiy? (Extra Fee)                                    •   Yes
2. Article Number
   (Transfer from service label)               7006 01 ••                         •••          4 8340 8234
PS Fonn   3811, February 2004                        Domestic Return _Receipt                                                                      102595-02-M•1540
                                               Michigan _apartment of Labor & Economic Growth                                                                   FOR MLCC USE ONLY
                                         MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                                      7150 Harris Drive, P.O. Box 30005                                                                    Request ID# 427882
                                                        Lansing, Michigan 48909-7505
                                                                                                                                                           Business ID# 200113
                                                    POLICE INVESTIGATION REPORT
                                                      [Authorized by MCL 436.1217 and R 436.1105; MAC]

      Please conduct your investigation as soon as possible, complete all four sections of this report and return the
      completed re ort and fingerprint cards to the MLCC
    LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
    AGZ, INC. REQUESTING TO TRANSFER OWNERSHIP 2007 CLASS C-SDM LICENSED BUSINESS, WITH
    DANCE-ENTERTAINMENT PERMIT FROM THE CASTLE INN, INC. LOCATED AT 313 W LAKETON, MUSKEGON
    MICHIGAN, 49441, MUSKEGON COUNTY

I Section 1.                                               APPLICANT INFORMATION                                                                                                                                  7
    APPLICANT #1:             SCOTT M MILLER                           APPLICANT #2:
                              3147 LAKESHORE DRIVE
                              MUSKEGON, Ml 49441
                              (B.P. 231-744-3900 H.P. 231-206-3405)

I DATE FINGERPRINTED:                        /t> ., rz..- 07                                         DATE FINGERPRINTED:                                                                                          I
    DATE OF BIRTH:         I 2 • /r- 7 o                                                             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•

    •Does the applicant have permanent Resident Alien status?                                       •Does the applicant have permanent Resident Alien status?
         D Yes      D No'                                                                                D Yes      D No'
    •ooes the applicant have a Visa? Enter status:                                                  •Does the applicant have a Visa? Enter status:

I                ..Attach the fin!]erprint card and $30.00 for each card and mail to the Michiaan Liauor Control Commission ..                                                                                    I
    ARREST RECORD:            0 Felony       O Misdemeanor                                           ARREST RECORD:            0 Felony       O Misdemeanor
    Enter record of all arrests & convictions (attach a signed and dated                             Enter record of all arrests & convictions (attach a signed and dated
    report if more space is needed)                                                                  report if more space is needed)

I Section 2.                          INVESTIGATION OF BUSINESS AND ADDRESS TO BE LICENSED                                                                                                                        I
    Does applicant intend to have dancing, entertainment, topless activity, or extended hours permit?
    D No Ji?/.Yes, complete LC-1636
    Are gas pumps on the premises or directly adjacent? f,l}Jo         D Yes, explain relationship:
I Section 3.             LOCAL AND STATE CODES AND ORDINANCES, AND GENERAL RECOMMENDATIONS
    Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
    and ordinances, if this license is granted? ~-Yes        D No
    If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)


I Section 4.                                                     RECOMMENDATION
    From your investigation:
       1. Is this applicant qualified to conduct this business if licensed?    llil.Yes       D No
      2. Is the proposed location satisfactory for this business?              Jlil. Yes      D No
      3. Should the Commission grant this request?                             13-.Yes           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 ne·eded)



                                                                                               L      . I~
                                                                                          re (Sheriff or Chief of Police)                                                                      Date


                                                                            MUSKEGON POLICE DEPARTMENT


      LC-1800 (Rev. 07106)                                 The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
      Au1hority: MCL 436.1217 and R 436.1105; MAC          national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
      Completion: Mandatory                                wi1h Disabilities Ac!, you may make your needs known to lhis agency.
      Penaltv: No Ucense
                                                                                                          I'<'-"-'~'- '\ . \--\.   Q--\

                             Michigan L,-~artment of Labor & Economic Growth
                                                                                              ~----------""'"
                                                                                                  FOR MLCC USE ONLY
                           MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                    7150 Harris Drive, P.O. Box 30005                           Request ID# 427882
                                      Lansing, Michigan 48909-7505
                                                                                                Business ID# 200113
                       LAW ENFORCEMENT RECOMMENDATION
                             [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]



                                                        August 16, 2007


TO: MUSKEGON POLICE DEPARTMENT


  Re: AGZ, INC.


We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
request should be directed to the MLCC Licensing Division at (517) 322-1400.



 •        OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:

           Weekdays             AM. to                 AM.

           Sundays              AM. to                 A.M./P.M.

  D Recommended D Recommended, subject to final inspection D Not Recommended
  NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
  must complete the box below. If additional space is needed please use reverse side of this form.


 •        OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:

           Weekdays             AM. to                 AM.

           Sundays              AM. to                 A.M./P.M.

 D Recommended D Recommended, subject to final inspection D                         Not Recommended



 t:8':l   DANCE PERMIT

 (ZI Recommended        D Recommended, subject to final inspection D                Not Recommended



 t:8':l   ENTERTAINMENT PERMIT

 ~Recommended           D Recommended, subject to final inspection D                Not Recommended



 •        TOPLESS ACTIVITY PERMIT

 D Recommended D Recommended, subject to final inspection D                          Not Recommended
                                                                                                                                                                   \' '"".___:__"--~ c, . 'l . a ll
      Law Enforcement Recommendation (co,,, d)
      Page 2
      August 16, 2007
                                                                                                                                                                                                      "'~

     •           OUTDOOR SERVICE

     D Recommended D Recommended, subject to final inspection D                                                            Not Recommended



     •           PARTICIPATION PERMIT

     D Recommended D Recommended, subject to final inspection D                                                            Not Recommended



     •         ADDITIONAL BAR PERMIT

     D Recommended D Recommended, subject to final inspection D                                                            Not Recommended



     •         OTHER

     D Recommended D Recommended, subject to final inspection D                                                           Not Recommended




Signed:

y      ~ L ~ \~
Signtre and Title
Muskegon Police Department




Date: __/_P_·_I_Z_•_P~7_ _ _ _ _ _ _ _ _ __

jr




     LC-1636 {Rev. 08/2006)                           The Department of labor & Economic Growth will not discriminate against any individual or group because or race, sex, religion, age,
     Authority: MCL 436_ 1916, R 436.1105(2)(d) and   national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
     R436.1403                                        with Disabilities Act, you may make your needs known lo this agency
     Completion: Mandatory
     Penalty: No license and/or Permit
9-Jl-07
a _~_,,,_   /Sey
                                LIQUOR LICENSE REVIE\V FORl\'I

               Business Name:                  A 62             Tac.
                                       ---''-'-"""-'-....,--=--'-..::;;.__ _ _ _ _ _ _ _ _ _ _ __



               AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

               Opera tor/Manager's Name: _ __,S~c<J..owf:.....L-f-____.Zll'-L.L.·----~71Z~...Li..f..~.l;;;;e...[..r_ _ _ _ __

              - Business Address:                              ,3 /3           W la&iaa

               Reason for Review:
               New License         O              Transfer     of Ownership p                         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                     Approvedp                 Denied     D         No Action Needed            D
               Income Tax                        Approved       D          Owing      D         Amount:

               Treasurer                         Approved       q          Owing      D         Amount:

               Zoning                            Approved       D          Denied     D         Pending ZBA         •
               Clerk's                           Approved       D          Owing      D        Amount:

              · Fire/Inspections                Approved        D          Denied     D        Remaining Defects            D




               Department Signature                ~ L.. · I ~                                      I c..., - I ~ - U7

               Please return to the City Clerkttice
9'-J!-O 7


                        LIQUOR LICENSE REVIE\V FORl,t

       Business Name:                  A 6Z --=~..:::::...:..-------------
                                              Toe.
                               --t:....1..-.~"""",-,


       AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

       Operator/Manager's Name_: -----">~S~c,;..l.<o:...Lt....f-..._...J(.l/1:..L.L,;..__.z?Z'-'-'.L.J../~~-~~r______

      · Business Address:                              ,2 /3

       Reason for Review:
       New License        O               Transfer of Ownership             ~                 Dance Permit          D
       Drop/Ad.d Name on License                 D                                     Transfer Location            D
       Drop/Add Stockholder Name                   D                      New Entertainment Permit                  D
       Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

       Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __

       Public Sa_fety                    Approved       D          Denied     D         No Action Needed           D
      Income Tax                         Approved ~                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              ~4'--
      Please return to the City Clerk's Office
9-11-07


                         LIQUOR LICENSE REVIE\V FORJ.,1

     Business Name:                  A 6 Z Toe.
                                  _---,4,..L....,),~aa,.,--=~~-------------
     AKA Business Name (if appJicable): _ _ _ _ _ _ _ _ _ _ _ _ __

     Operator/Manager's Name_: _ ___,.,S"""-1,.,<c~o..1..t-:.r_..L.Zl/J..J.,;..•--J.zJZ...t.....l...'--<i...:.~..:.c'.:'.::.!.1
                                                                                                                           _ _ _ _ __


     Business Address:                                        ,3 /3             W Lalreiaa
     Reason for Review:
     New License            D                 Transfer        of Ownership }i                              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 informatfon: _ _ _ _ _ _ _ _ _ _ _ __

     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                0
    · Clerk's                               Approved           D           Owing        D          Amount:

    · Fire/Inspections                      Approved           D           Denied       D         Remaining Defects                       D
                                                                                              Cl~FAXED          RECEIVED.        O·
                                                                                                                       .., ..~·~.. .. ~
                                                                                                                         "•




                                                                                                    . OCT 1s 2007
                                                                                             • APPROVED            POSTED.      •
     Department Signature
     Please return to the City Clerk's Office
                                             LP~                        IDp7/f
                                                                                               0ITY OF MUSKEGON lHl:ASURV
9-J!-O 7


                         LIQUOR LICENSE REVIE\V FORl,f

      Business Name: _ __.A~-ti.....:Z-....,_ ....T~a..t...::=.c..:·. .- - - - - - - - - - - - -

      AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

      Operator/Manager's Name_: ----">-"""5...
                                            c""""o"""t·....f...._"""';JJJ..l.,,;,.___7JZ'-'-'...L...l../.:...~=e...:...r_ _ _ _ __

      Business Address:                                     >3 /3             W la!rcto11

      Reason for Review:
      New License           •                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         pi           Denied      D          Pending ZBA             •
      Clerk's                               Approved          D           Owing       D          Amount:

      Fire/Inspections                      Approved          D          Denied       D         Remaining Defects                D




      Department Signature                .:.d✓6~c,,-
      Please return to the City Clerk's Office
9'-Jl-0 7


                         LIQUOR LICENSE REVIE\V FORJ,'l

       Business Name:                     A 6Z --=--'-'--=--------------
                                 ---"'-'--"""'--'...:.,-, Tac.
       AKA Business Name {if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

       Operator/Manager's Name_: _...--:,.,S""-1,,,,<c...i..:o:..Lt-.:r~.J,lllJ.,..l..;.•--zJZ~~i..:..../::.:..
                                                                                                           c..:....r_ _ _ _ __

       Business Address:                                   ,3/3             W -la&ioa

       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                     Approved~                    Denied      D        Remaining Defects              D

                                                                       ~4<1~/4/IFlcJ
                                                                        /tpvv'l,.,- C/cs(__,,./C.          L--~'__.-




      Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
      Please return to the City Clerk's Office
9 ~11-0 7


                        LIQUOR LICENSE REVIE\V FORl\I

       Business Name:           --'-'--~-...., Toe.
                                      ;l 6 Z --=--:.../..~-------------
       AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __

       Operator/Manager's Na me: _ ___.,-::5~c..i..awt:.....
                                                       · f-t-___.;JJ:...LJ..:·-"-'zlZ~-'-i.:.../i.l;.;c.:...r_ _ _ _ __

      · Business Address:


       Reason for Review:
       New License         •              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                   Approved        D          Denied     D        Remaining Defects             D




      Department Signature___.:~;.::..__~.,L-____:...:.__-1--1.-----------
      Please return to the City Clerk's Office
Affirmative Action
(231)724-6703
FAX (231)722-1214

Assessor
(231 )724-6708
FAX (231 )726-5181

Cemetery
(231)724-6783
FAX (231)726-5617
                                                West Michigan's Shoreline Cicy
City Manager                                        www.shorelinecity.com
(231 )724-6724
FAX (231 )722-1214

Civil Service
(231)724-6716
FAX (231)724-4405     October 17, 2007
Clerk
(231)724-6705
FAX (231)724-4178

Comm. & Neigh.
Services              Mr. Scott Miller
(231 )724-6717        3 147 Lakeshore Drive
FAX (231)726-2501
                      Muskegon,MI 49441
Engineering
(231 )724-6707
FAX (231 )727-6904    Dear Mr. Miller:
Finance
(231)724-6713         This letter is to infonn you that your liquor license request to transfer the 2007
FAX (231 )724-6768
                      Class C-SDM licensed business from The Castle Inn, Inc. located at 313 W.
Fire Depattment       Laketon Avenue, Muskegon, will be presented to the City Commission on
(231)724-6792
FAX (231)724-6985     October 23, 2007. This meeting begins at 5:30 p.m. and is located in the City
                      Commission Chambers, 933 Terrace, Muskegon, ML
Income Tax
(231 )724-6770
FAX (231)724-6768
                      This request has also been sent to the Marsh Field Neighborhood Association for
Info. Technology      their comments. It is Commission practice to let the Neighborhood Association
(231 )724-4126
FAX (231)722-4301     know of any liquor license requests that are located within their boundaries. This
                      allows for comments from the people who live there and not just from the owners
lnspection Services
(231)724-6715         of the business' who are located there.
FAX (231)728-4371

Leisure Services      Sincerely,
(231)724-6704
FAX (231)724-1196

Mayor's Office
(231 )724-670 I
FAX (231 )722-1214    Linda Potter
Planning/Zoning       Deputy Clerk
(231 )724-6702
FAX (231 )724-6790

Police Department
(231 )724-6750
FAX (231)722-5140

Public Works
(231 )724-4 IO0
FAX (231)722-4188

Treasurer
(231 )724-6720
FAX (231)724-6768

Water Billing
(231)724-6718
FAX (231)724-6768

Water Filtration
(231 )724-4 I06
FAX (231 )755-5290     City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                              http://www ,shorelinecity .com
Affitmative Action
(231)724-6703
FAX (231)722-1214

Assessor
(23 I )724-6708
FAX (23 I)726-5181

Cemetery
(231 )724-6783
FAX (231 )726-5617
                                                West Michigan's Shoreline Cii;y
City Manager                                        www.shorelinecity.com
(231 )724-6724
FAX (231)722-1214

Civil Service
(231)724-6716
FAX (231 )724-4405    October 17, 2007
Clerk
(231 )724-6705
FAX (231)724-4178

Comm. & Neigh.
Services
                      Mrs. Ann Martin, President
(231 )724-6717        Marsh Field Neighborhood Assoc.
FAX (231)726-2501
                      1782 Mcllwraith
Engineering           Muskegon,MI 49442
(231 )724-6707
FAX (231)727-6904

Finance
                      Dear Mrs. Martin:
(231)724-67 13
FAX (231)724-6768
                      We have received a letter from the Liquor Control Commission reference a
Fire Department       request from AGZ, Inc. to transfer ownership of the Class C-SDM licensed
(231 )724-6792
FAX (231 )724-6985    business located at 313 W. Laketon from The Castle Inn, Inc. A Class C license
                      permits the sale of beer, wine, or liquor for consumption on the licensed premises;
Income Tax
(231 )724-6770        and a SDM license permits the sale of beer and wine for consumption off the
FAX (231 )724-6768
                      premises. On Tuesday, October 23, 2007, the City Commission will review this
Info. Technology      request and determine whether or not it should be recommended for approval.
(231 )724-4126
FAX (231)722-4301
                      You are being sent this notice because the City Commission would like to know
Inspection Services
(231 )724-6715        how the Neighborhood Association feels and would appreciate any comments that
FAX (231 )728-4371    they may have. You may send these comments to 933 Terrace, Muskegon, MI
Leisure Services      49440 or attend the City Commission Meeting on October 23, 2007, at 5:30 p.m.
(23 I)724-6704
FAX (231)724-1196     in the Commission Chambers.
Mayor's Office
(231 )724-670 I       If you have any questions, please feel free to contact me at 724-6705.
FAX (231)722-1214

Planning/Zoning       Sincerely,
(231 )724-6702
FAX (231 )724-6790

Police Department
(231 )724-6750
FAX (231 )722-5140    Linda Potter
Public Works          Deputy Clerk
(231 )724-4 I00
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
Date:     October 23, 2007
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Liquor License Transfer Request
          Amigos, Inc., 1848 E. Sherman,




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Amigos, Inc. to transfer
ownership of the 2007 Class C-SDM licensed business located in
escrow at 1934 Peck, Muskegon, from Sherm's Saloon, Inc. and
transfer location to 1848 E. Sherman, Suite M.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval contingent upon payment of
personal property taxes.
                                                                                                                                               c/l
                                                                                                                                                  /J!t,i1 9-13·£)7
                                                                                                                                                I Request ID#                422640                    I
                                                             2007-90(e)

                                                         RESOLUTION
At a ---,,R=e~g~u~l~a,_,r~-~----meeting of the                                               City Commission
           (Regular or Special)                                                        (Township Board, City or Village Council)

called to order by Mayor Warmington                              on         October 23,                        200at                   5:30               P.M.

The following resolution was offered:

Movedby Commissioner Carter andsupportedby Commissioner Wisneski

That the request to TRANSFER OWNERSHIP OF 2007 CLASS C LICENSED BUSINESS, LOCATED
IN ESCROW AT 1934 PECK, MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM SHERM'S
SALOON, INC. TO AMIGOS, INC. (A KENTUCKY CORPORATION); AND TRANSFER LOCATION
TO 1848 E. SHERMAN, SUITE M, MUSKEGON, Ml 49442, 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:

_ _ _ _ _ _ _ _ _R=e-=cc-"o-"m"'m""e:..:nc..d::.e=d_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ for issuance
                (Recommended or Not Recommended)

State of Michigan _ _ _ ___,

County of Muskegon

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the City Commission                           at a _ _ ___cR.:..:e:...aga...uc..l::.a_r_ _ _ _ _ __
               (Township Board, City or Village Council)             (Regular or Special)

meetingheldon October 23,                   2007.
                 (Date)

                                                                                                       (Signed) \J\,"f\l~~\AJ                     1 /\            (1/Q__t,~
                                                                                                                (Township:ity or Village Clerk)
                              SEAL                                                                      Ann Marie Becker, City Clerk
                                                                                                       933 Terrace, Muskegon, MI                     49440
                                                                                                       (Mailing address of Township, City or Village)


    LC-1305 {Rev. 08/2006)                      The Department of Labor & Economic Growth will not dlscriminate against any individual or group because of race, sex, religion, age,
    Authority: MCL 436.1501                     national origin, color, marl!al status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans

I   Completion: Mandatory
    Pena!N: No license
                                                with Disabilities Act, you may make your needs known to this agency.
                                 Musl(egon Police Department
                                                  Anthony L. Kleibecker
                                                 Director of Public Safety




                   980 Jefferson                www.muskegonpo Iice.com      Phone: 231-724-67 50
                   Muskegon, Michigan                                        FAX: 231-722-5140
                   49443-0536




October 12, 2007



To:           City Commission through the City Manager

From:                  L - l~
                    ony L. Kleibecker, Director of Public Safety

Re:           Liquor License Request - 1848 E. She1man Blvd.
              Transfer of 2007 Class C-SDM Licensed Business


The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation from applicant Amigos, Inc.
(A Kentucky Corporation). Amigos, Inc. is comprised of Alfonso Soto of Paducah Kentucky.

Amigos, Inc. requests to transfer ownership of 2007 Class C-SDM licensed business located in escrow at
1934 Peck, Muskegon, Mi from Sherm's Saloon, Inc. and transfer location to 1848 E. Sherman, Suite M,
Muskegon, MI. The applicant has 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 Department records and criminal history showed no reason to deny this
request.



ALK/kd
                                                                                     -✓ 7/'1"/"i"l 7 - 13 ·{) 7
                         Michigan Department of Labor & Economic Growth
                                                                                     FOR MLCC USE ONLY
                    MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                7150 Harris Drive, P.O. Box 30005
                                                                                   Request ID# 4?2640
                                  Lansing, Michigan 48909-7505

                                                                                   Business ID# 198073
                           LOCAL APPROVAL NOTICE
                                   [Authorized by MCL 436.1501]




September 7, 2007

                                                                           RECEIVE n
TO:   MUSKEGON CITY COMMISSION
      933 TERRACE STREET                                                       SEP 1 7 2007
      PO BOX 536                                                                MUSKEGOf\
      MUSKEGON, Ml 49443-0536                                             CITY MANAGER'S (),,.,.,.


APPLICANT: AMIGOS, INC. (A KENTUCKY CORPORATION)


Home Address and Telephone No. or Contact Address and Telephone No.:
ALFONSO SOTO, 301 PALISADES CIRCLE, PADUCAH, KY 42001
H(270)841-0201/B(270)575-0151




The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998.                  For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.

For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. The clerk should complete the
resolution certifying that your decision of approval or disapproval of the application was made at an
official meeting. Please return the completed resolution to the MLCC as soon as possible.

If you have any questions, please contact the On-Premises Section of the Licensing Division as (517)
636-4634.



              PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
             TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS


sfs
                                                                    RECEIVED
                                                                        OCT 1 2 2007
                                                                   MUSKEGO!~ POUGE DEPT.
                                                                      CHIEF of POLICE
To:     Tony Kleibecker, Director of Public Safety

From: Det. Kurt Dykman

Date:   10-12-07

Re:     Liquor License Transfer



ChiefKleibecker,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Amigos, Inc. (A Kentucky
Corporation).

Amigos, Inc. requests to transfer ownership of 2007 Class C-SDM licensed business
located in escrow at 1934 Peck, Muskegon, Mi from Sherm's Saloon, Inc. and transfer
location to 1848 E. Sherman, Suite M, Muskegon, MI.. Amigos, Inc. is comprised of
Alfonso Soto of Paducah Kentucky.

A check of MPD records and Criminal History showed no reason to deny this request.

Respectfully submitted,




data/common/liquor/Amigos
                                                                                                                                                                __,,.--=7
                                                                                                                                                                  /)J11n 9-1.s--t.·1
                                                     Michigan Department of Labor & Economic Growth                                                              FOR MLCC USE ONLY
                                          MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                                              7150 Harris Drive, P.O. Box 30005                                                             Request ID# 422640
                                                                Lansing, Michigan 48909-7505
                                                                                                                                                            Business ID#                 198073
                                                POLICE INVESTIGATION REPORT
                                                      [Authorized by MCL 436.1217 and R 436.1105; MAC]

      Please conduct your investigation as soon as possible, complete all four sections of this report and return the
      completed report and fingerprint cards to the MLCC
I LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
    AMIGOS, INC. (A KENTUCKY CORPORATION) REQUESTS TO TRANSFER OWNERSHIP OF 2007 CLASS C-SDM
    LICENSED BUSINESS, LOCATED IN ESCROW AT 1934 PECK, MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM
    SHERM'S SALOON, INC.; AND TRANSFER LOCATION TO 1848 E. SHERMAN, SUITE M, MUSKEGON, Ml 49442,
    MUSKEGON COUNTY.                                -
I Section 1.                                                               APPLICANT INFORMATION                                                                                                                     I
    APPLICANT #1:                                                                                     APPLICANT #2:
    ALFONSO SOTO - STOCKHOLDER
    301 PALISADES CIRCLE
    PADUCAH, KY 42001
    H/270)841-0201/B/2701575-0151
J   DATE FINGERPRINTED: NO FINGERPRINTS REQUIRED                                                      DATE FINGERPRINTED:                                                                                            I
    DATE OF BIRTH: / / • lf"-6>                      .                                                DATE OF BIRTH:
    Is the applicant a U.S. Citizen:                 pf   Yes               D     No*                 Is the applicant a U.S. Citizen:                                 •        Yes         •         No*

    *Does the applicant have permanent Resident Alien status?                                         *Does the applicant have permanent Resident Alien status?
           •Yes        No* •                                                                                    •
                                                                                                              Yes        No*       •
    *Does the applicant have a Visa? Enter status:                                                    *Does the applicant have a Visa? Enter status:

I               "Attach the finaerorint card and $30.00 for each card and mail to the Michiaan Liauor 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?
    Qf:No    D Yes, complete LC-1636
    Are gas pumps on the premises or directly adjacent? .1!!t 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? j9. Yes         No                  •
    If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)


I Section 4.                                                                         RECOMMENDATION
    From your investigation:
       1. Is this applicant qualified to conduct this business if licensed?    J21 Yes           No                                           •
       2. Is the proposed location satisfactory for this business?             ~ Yes          D No
       3. Should the Commission grant this request?                            J;i!l Yes      D No
      4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)


                                                                                                  L . 1~
                                                                                            re f,>l,er-ifl-er Chief of Police)                                                                  Date

                                                                                MUSKEGON POLICE DEPARTMENT


       LC-1800 (Rav. 07/06)                                   The Department or Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
       Authority: MCL 436.1217 and R 436.1105; MAC            national origin, color, marital status, disability, or po!ilical beliefs. If you need help with reading, writing, hearing, etc., under the Americans
       Completion: Mandatory                                  wilh Disabilities Act, you may make your needs known to this agency.
       Penal\ : No license
                                             AMIGOS, INC                                                          FLAGSTAR BANK, FSB                                                   1291
                                                                                                                   MUSKEGON, Ml 49444
                                     OBA LOS AMIGOS                                                                   74-7185/2724
                             1848 EAST SHERMAN BLVD., SUITE M
                                    MUSKEGON, Ml 49442                                                                                                                     9/28/2007
                                              (231) 737-5010
, ..
;~ PAY TO THE MUSKEGON POLICE
f ORDER O F - -- - - - - - --
                                                                 DEPARTMENT
                                                                  -   -   - - - --   -   -   -   -    -   -   -     -       -       -       -       -   -   -   -~-
                                                                                                                                                                     I$   **250.00
    '
It            Two Hundred Fifty and 00/100* *****•"'**************************""***************************** ...*************************"'*
                                                           111

          -   -      -    - --              - --   -   -   - - - - - - --            -   -   -    -   - --              -       -       -       -       - --     -    -   - - DOLLARS     {?) ~·
,.;?,,,
                            MUSKEGON POLICE DEPARTMENT

3
  .,
r-:,
,_,
01
,         ~.IE,w"J                                                                                                                                                          - - ----- -·-
                                                                                                                                                                                       M'
                          ALFONSO SOTO-- INVESTIGATION

                                              11•00 • 29 •11•         1: 27 2'17 •85 21:         58 H,8 2 2{;911•




                           l(l(l(l(l(;'(i

                                 2JU DO


                         '.L..JU- 0
              U   tqt 1
              80 ll DA
                1
                                    Michigan Department of Labor & Economic Growth
                             MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                                 7150 Harris Drive, P.O. Box 30005
                                                   Lansing, Michigan 48909-7505


                                POLICE INVESTIGATION REQUEST
                                                     [Authorized by MCL 436.1201(4)]



September 7, 2007

MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536

Request ID#: 422640



Applicant:

AMIGOS, INC. (A KENTUCKY CORPORATION) REQUESTS TO TRANSFER OWNERSHIP OF 2007 CLASS
C-SDM LICENSED BUSINESS, LOCATED IN ESCROW AT 1934 PECK, MUSKEGON, Ml 49441,
MUSKEGON COUNTY, FROM SHERM'S SALOON, INC.; AND TRANSFER LOCATION TO 1848 E.
SHERMAN, SUITE M, MUSKEGON, Ml 49442, MUSKEGON COUNTY.




Please make an investigation of the application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.



Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.



If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.


sfs

LC-1972(Rev. 09/05)               The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1201(4)        national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory             with Disabilities Act, you may make your needs known to this agency.
Penalty: No License
7-J 7- (J,7

                             LIQUOR LICENSE REVIE\V FOR.1,1

          Business Na me: -~d-l-,LmLJ.274'...Zq~O~S:::::.,----=T=/J~...l,,<--:....·- - - - - - - - - - - -
                                                                  ;r-tn ..l Irr          -fl,...o ~
          AKA Business Name (if applicable): _5::;.;./2:..:.(.:...;/"/1?...;..;:;.J_;S=q/.:..;;o~o~,j)..., __.J'--f~J:....Y~A~~=~'--'k___

          Opera tor/Manager's Name_: _..c..A.J..J.l:....l~a"""o~sw..ot---___,_S=<)..L..i:..::::o:...__ _ _ _ _ _ __

          Business Address:                              I 8 YJJ


          Reason for Review:
          New License           D                Transfer of Ownership Jief                                 Dance Permit            D
          Drop/Add Name on License                      D                                           Transfer Location              Jgt
          Drop/Add Stockholder Name                        D                         New Entertainment Permit                       D

          Other
                   ---------------------------
          Deadline for receipt of all information:

          Public Safety                         Approved        p            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 ~                                              /0    _,'- - 07

         Please return to the City Clerk's Office
?-) 7- 0 7

                       LIQUOR LICENSE REVIE\V FOR.l,f

         Business Name:          d!?:Lq,          os   Ia                  c . _ _ _ _ _ _ _ _ _ __
                             -...:....-'-'~r.+o~-..ll::...::"-,---~-'-l,,,....:,..._

                                                           1     r11n.:.      Ir,-                --f!ro,,.,,
         AKA Business Name (if a ppJicab le):                                                                                 - _-'-J-'-f-=-.J....
                                                       ---==5~/2:..:..er-:.....:.,.,,..;...J:;........!aS::::..q=/,-=-o;;..;or}~
                                                                                                                               )
                                                                                                                                                          k,____
                                                                                                                                                f__,;,_:/i=c..


         Opera tor/Manager's Name:         -""'-AJ..J.l~l....1.0"-J.n~suo_.....;S....:..::~~t~o~--------
         Business Address:                  /8 YJJ               E;                S/2 ecmqo, Sv/ic                        )
                                                                                                                                                                 /22
         Reason for Review:
         New License     D           Transfer of Ownership                               Jef                                     Dance Permit                        D
         Drop/Add Name on License          D                                                                      Transfer Location                                  A
         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 jlf                   Owing                   D                     Amount:

        Treasurer                   Approved       D                Owing                   D                     Amount:

        Zoning                      Approved       D                Denied                   D                    Pending ZBA                                    •
        Clerk's                     Approved       D                Owing                   D                     Amount:

        Fire/Inspections            Approved       D                Denied                   D                  Remaining Defects                                    D




        Department Signature_~_,___·_ _____/ _ _ _ _ _ _ _ _ _ _ _ _ __
        Please return to the City Clerk's Office
                                                 --


               LIQUOR LICENSE REVIE\v id':ffivf Ece,vEo                                                                                                       •
                                                                                                                     SEP I 8 2007
 Business Name:          AmLq     os
                     -~...u+~e7,..i...~1--~IU--l,_..;_L
                                                  c . _ _ _--..f'!e""ff\-...,o
                                                                        APPROVED
                                                                            ~,----M=us
                                                                                     ..;;:;;KEGo
                                                                                             =--"     •
                                                                                                 eos:i-e"' ,:=,
                                                                                                N~H!-Hc,-+ a==i-
                                                          rrlf/7-.l I,,,.                  /!ro M                                            l'REAsuRY
AKA Business Name (if applicable):                    --=5::;_;_/2.:..:.e.:...;rm__;;..,'.s....;S~q/.~o~o...:..ri+-,
                                                                                                                ;
                                                                                                                    ___.J'--1'-=J:.....Yr._..:.A...l:e=c'--'k_ __

Opera tor/Manager's Na me_: _             _,,_A.L..<l,_./c_;o....,n'"'"""'su..o..____..5........_CJ_._f_;;;o_ _ _ _ _ _ _ __


Business Address:                      I 8 YJ?                                 S/2ecmqa. Su/ic                   ✓
                                                                                                                                                  ./22
Reason for Review:
New License      O             Transfer of Ownership                               Jef                               Dance Permit                              D
Drop/Add Name on License              D                                                                 Transfer Location                                   Jg(
Drop/Add Stockholder Name               0                                      New Entertainment Permit                                                       D

Other
        ---------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __

Public Safety                 Approved          D                 Denied               D                 No Action Needed                                     D
Income Tax                    Approved         D                 Owing D                                 Amount:
                                                                                                                                     ~d l/rrnvf4~
Treasurer                     Approved         D                 Owing g/-                               Amount:                        -r~ ,JDT /(ft,              I




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___   ___               /2 ?1/1
                           11.·_,~=-"-"--,___%,/_lt,11
                      ' /-11/                     _
                                                  · -----------
Please return to the City Clerk's Office
                                            CITY OF MUSKEGON
                                         DELINQUENT TAX NOTICE
CITY OF MUSKEGON TREASURER                                   DELINQUENT TAXES DUE
933 TERRACE STREET                                                               TOTAL DUE        TOTAL DUE    TOTAL DUE
PO BOX 536                                                                      IF PAID BY        IF PAID BY   IF PAID BY
MUSKEGON MI    49443-0536                            TAX   YEAR   TAX DUE        08/31/07         09/30/07     10/31/07
231-724-6720
                                                    2006          189.54              208,05          209.95       211.84
WWW.MUSKEGON-MI.GOV




              SHERMS SALOON
                                                                           /(-.
              1934 PECK ST
                                                                      I         . \\
                                                                   II (\.·\· ))
              MUSKEGON MI 49441

                                                                               \)),


              PROPERTY INFORMATION                                 \ ~
Property Number:   24-900-251-2390-00
School Dist:  MUSKEGON PUBLIC SCHOOLS
Property Address:
                                                     TOTAL          189.54             208.05         209.95       211.84
        1934 PECK ST
        MUSKEGON MI 49441

                LEGAL DESCRIPTION:




PERSONAL PROPERTY 1934 PECK ST

                                                      THIS IS A DELINQUENT PERSONAL OR SPECIFIC PROPERTY TAX
                                                      FOR THE YEAR SHOWN.  PLEASE PAY THE AMOUNT DUE IN ORDER
                                                      TO AVOID ADDITIONAL PENALTIES AND INTEREST. MAKE CHECKS
                                                      PAYABLE TO THE CITY OF MUSKEGON AND MAIL TO: CITY
                                                      TREASURER, P.O. BOX 536, MUSKEGON, MI 49443-0536.  YOU
  THIS NOTICE IS FOR THE WINTER SEASON PROPERTY       CAN ALSO PAY IN PERSON AT THE MUSKEGON CITY HALL, 933
  TAXES AND IS PAYABLE TO THE CITY OF MUSKEGON        TERRACE STREET, MUSKEGON, MICHIGAN.
  TREASURER.   THANK YOU FOR YOUR ATTENTION TO
  THIS MATTER,


                    Please detach along perforation. Keep the top portion for your records.


Pay this tax to:
                                            PLEASE RETURN THIS PORTION WITH YOUR PAYMENT. THANK YOU.
 CITY OF MUSKEGON TREASURER
 933 TERRACE STREET                                                          Delinquent Tax for Property Number:
 PO BOX 536                                                                             24-900-251-2390-00
 MUSKEGON MI 49443-0536
                                                                           Due i f paid by      08/31/07       208.05
TAXPAYER NOTE: Are your name & mailing address correct?
   If not, please make corrections below. Thank You.                       Due i f paid by      09/30/07       209.95

   Property Address:                                                       Due i f paid by      10/31/07       211. 84
   1934 PECK ST
   MUSKEGON MI 49441                                                           Make check payable to:
               $HERMS SALOON                                                   CITY OF MUSKEGON TREASURER

                                                            Amount Remitted:
               1934 PECK ST                                                           --------------
               MUSKEGON MI 49441
                                                                                FLAGSTAR BANK, FSB                             1320
                     AM!GOS,!NC                                                  MUSKEGON, Ml 49444
                    DBA LOS AMIGOS                                                  74-7185/2724
           1848 EAST SHERMAN BLVD., SUITE M
                  MUSKEGON, Ml 49442                                                                              10/24/2007
                      (231) 737-5010


PAY                                 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __JI.
    TO THE__C_ITY_O_F_M_U_S_K_E_G_O_N
ORDER OF
                                                                                                               $ **211.84
 Two Hundred Eleven and 84/100*******************************************************************************************
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS                                   ~ ~il;•
         CITY OF MUSKEGON
         PO BOX 1825
         MUSKEGON, Ml 48099-1825


       personal property tax
                         LIQUOR LICENSE REVIE\V FORl,t

 Business Name: -~A.J,......£.m'-1-z;~'.:;r..q-.!:O:::...,S~l,____.I~12.1-C-.:..·- - - - - - - - - - - -
                                                                               J?Mv. fu·               -/roM
 AKA Business Name (if applicable): . . . ::::5::.:.:/2~r;.. .:. "'.:. :'. s::.,. --!:;S::::..:q?..:./.,;;;.;oo;..;·,-.L.J.L.?.:::..J.1-Y"""'A:..l~=-=e-~k'----
                                                                                                                   .tJ~

 Opera tor/Man ager' s Name: -~A,l,,,,,/,l~l--10,,{,,,,[,n~s.u.o__s:..::;..:;:~;...,;T:...,;O::;..,__ _ _ _ _ _ __

 Business Address:                                          I 8 YJJ               E           S/2ecmqn , S u/-1:c      )
                                                                                                                                                l2J

 Reason for Review:
 New License                D                    Transfer of Ownership                           Jef                       Dance Permit                  D
 Drop/Add Name on License                                  D                                                     Tra.nsfer Location                    A
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            A               Denied          D            Pending ZBA                  0
Clerk's                                         Approved             D              Owing D                      Amount:

· Fire/Inspections                              Approved              D             Denied          D           Remaining Defects                       D




                                                         ~-✓~-.
                     / ,p:;.,._ _;...,_._ ~
Department Signaturt,_                    __C-z-----
                                            ~--------------
Please return to the City Clerk's Office
                      LIQUOR LICENSE REVIE\V FOR1,1

                        A !?:Lq_
Business Name : _.,.__._..,_.u.+r.+-    7 os J - -="'--
                                   C...,,,,,,._-.::;...::...., .I;:z c.
                                                                     -----------------
                                                                 lrM.:. Irr                f! ro,,.,,
AKA Business Name (if a p pJica b le): --=:;5;..;.;/2.,;.;e,_ m_ '.s;...._:,;.S                                J.....f_J.....f_A
                                                                              ;::;..q...../._ao_ tJ__,,),..__.....             ___e..._e-.....k....___

Operator/Manager's Name_: _,...
                             A4J,l..,.l~a"""n..,_>>--s1.L.o--'S'""""""'cJ'-'f'"""~
                                                                                 o --------
Business Address:                                       I 8 YJJ


Reason for Review:
New License               D                   Transfer of Ownership                        Jef                     Dance Per mit                D
Drop/Add Name on License                               D                                                  Transfer Location                   }z(
Drop/Add Stockholder Name                                •                               New Entertainment Permit                               D

Other
           --------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __

Public Safety                                Approved            D             Denied         D            No Action Needed                    D
Income Tax                                  Approved             D             Owing         D             Amount:

Treasurer                                   Approved             D             Owing         D            Amount:

Zoning                                      Approved             D             Denied         D           Pending ZBA                 0
Cler k's                                    Approved             D             Owing         D            Amount:

Fire1Inspections                            Approved             ✓ Denied D                              Remaining Defects                     D




Department Signa ture_---+-,&.-+,-.:--~.;...:;.......,.,..;.._..;;.._++-_ _ _ _ _ _ _ __
Please return to the City Clerk's
?~ J 7- o,7

                          LIQUOR LICENSE REVIE\V FORl,t

          Business Name: _"'""A..J,.....l.m'-'-?}4:o·.,..9'....!:o::...s~-----L~a.1.-C-.:..·_ _ _ _ _ _ _ _ _ _ __
                                                       7
                                                                   ;r411 v If',,..                   -f! re ,.,,
          AKA Business Name (if a pp Ii cab Ie):               _5;...:.;/2:..:.u-:.....m_'..s;;..._::S:::;..q;:..:./~oo:.....~;..,,/-----'-)..,_f.;:;..J.,_Y---:...:~=c.;<..k.___ _


          Operator/Manager's Name: -""-AL,1,l...l,l....1,9,1.,(.n~s.u.o_"""'S:-::..::":...cf;...:o;:...__ _ _ _ _ _ __

          Business Address:                        I 8 YJ'              E;              S/2ecmqo . S u/-h:                                                     /22
          Reason for Review:
          New License        D              Transfer of Ownership                            Jef                                Dance Permit                               D
          Drop/Add Name on License                 D                                                               Tr~nsfer Location                                    }El
          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._~~::.=;.....::;._ _ _ _-41-1-,1--_ _ _ _ _ _ _ __
         Please return to the City Clerk's Office
Affirmative Action
(231 )724-6703
FAX (231)722-1214

Assessor
(231 )724-6708
FAX (231)726-5181

Cemetery
(23 I )724-6783
FAX (231)726-56 I 7
                                               West Michigan's Shoreline Cicy
City Manager                                       www.shorelinec!ty.com
(231 )724-6724
FAX (231)722-1214

Civil Service
(231 )724-6716
FAX (231 )724-4405    October 17, 2007
Clerk
(231 )724-6705
FAX (231)724-4178

Comm. & Neigh.
Services
                      Mr_ Alfonso Soto
(231 )724-6717        301 Palisades Circle
FAX (231)726-2501
                      Paducah, KY 42001
Engineering
(231 )724-6707
FAX (231)727-6904     Dear Mr. Soto:
Finance
(231 )724-6713        This letter is to inform you that your liquor license request to transfer the 2007
FAX (231)724-6768
                      Class C-SDM licensed business from Sherm's Saloon, Inc_, 1934 Peck to 1848 E.
Fire Department       Sherman, Muskegon, will be presented to the City Commission on October 23,
(231)724-6792
FAX (231)724-6985     2007. This meeting begins at 5:30 p.m. and is located in the City Commission
                      Chambers, 933 Terrace, Muskegon, ML All departments with the exception of
Income Tax
(231)724-6770         the Treasurer's Office are recommending approval of the transfer. The Treasurer
FAX (231)724-6768
                      shows personal property taxes in the amount of $211. 84 still owing.
Info. Technology
(231 )724-4126
FAX (231)722-4301     This request has also been sent to the East Muskegon Neighborhood Association
                      for their comments. It is Commission practice to let the Neighborhood
Inspection Services
(231)724-6715         Association know of any liquor license requests that are located within their
FAX (231)728-4371     boundaries. This allows for comments from the people who live there and not
Leisure Services      just from the owners of the business' who are located there.
(231 )724-6704
FAX (231)724-1196
                      Sincerely,
Mayor's Office
(231 )724-670 I
FAX (231)722-1214

Planning/Zoning
(231 )724-6702
FAX (231 )724-6790
                      Linda Potter
                      Deputy Clerk
Police Department
(231 )724-6750
FAX (231)722-5140

Public Works
(231 )724-4 l 00
FAX (231)722-4188

 Treasurer
 (231 )724-6720
 FAX (231)724-6768

 Water Billing
 (231)724-6718
 FAX (231 )724-6768

 Water Filtration
 (231)724-4106
 FAX (231)755-5290      City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                               http://www.shorelinecity.com
   Affirmative Action
   (231 )724-6703
   FAX (231)722-1214

  Assessor
  (231 )724-6708
  FAX (231)726-5181

  Cemetery
  (231)724-6783
  FAX (231)726-5617

  City Manager                                      \\'esl ~Urh!gan·~ ~hon'lln1_• Ul-\·
  (23 l )724-6724
  FAX (231)722-1214

  Civil Service
  (231 )724-6716
  FAX (231)724-4405
                        October 17, 2007
  Clerk
 (231 )724-6705
 FAX (231)724-4178

 Comm. & Neigh.
 Services               Ms. Jacqueline Vines, President
 (231 )724-6717
 FAX (231 )726-2501     East Muskegon Neighborhood Assoc.
                        1335 Amity Avenue
 Engineering
 (231 )724-6707         Muskegon,MI 49442
 FAX (23 I )727-6904

 Finance                Dear Ms. Vines:
 (231)724-6713
 FAX (231)724-6768
                        We have received a letter from the Liquor Control Commission reference a
 Fire Department
 (23 I )724-6792        request from Amigos, Inc. to transfer ownership of the Class C-SDM licensed
 FAX (231 )724-6985     business located in escrow at 1934 Peck to 1848 E. Sherman. A Class C license
 Income Tax             permits the sale of beer, wine, or liquor for consumption on the licensed premises;
 (23 I )724-6770
 FAX (231)724-6768
                        and a SDM license permits the sale of beer and wine for consumption off the
                        premises. On Tuesday, October 23, 2007, the City Commission will review this
Info. Technology
(231 )724-4126          request and determine whether or not it should be recommended for approval.
FAX (231)722-4301

 Tnspection Services    You are being sent this notice because the City Commission would like to know
(231)724-6715
FAX (231)728-4371
                        how the Neighborhood Association feels and would appreciate any comments that
                        they may have. You may send these comments to 933 Terrace, Muskegon, MI
Leisure Services
(231)724-6704           49440 or attend the City Commission Meeting on October 23, 2007, at 5:30 p.m.
FAX (231)724-1196       in the Commission Chambers.
Mayor's Office
(231)724-670 I          If you have any questions, please feel free to contact me at 724-6705.
FAX (231)722-1214

Planning/Zoning         Sincerely,
(231 )724-6702
FAX (231)724-6790

Police Department
(23 I )724-6750
FAX (231)722-5140
                        Linda Potter
Public Works            Deputy Clerk
(23 l )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
Affimiative Action
(23 I )724-6703
FAX (23 [)722-1214

Assessor
(23 1)724-6708
FAX (231)726-5181

Cemetery
(231 )724-6783
FAX (231)726-5617
                                               West Michigan's Shoreline Cicy
City Manager                                       www.shorelineclty.com
(231 )724-6724
FAX (231 )722-1214

Civil Service
(231 )724-6716
FAX (231)724-4405

Clerk
(23 1)724-6705
FAX (231 )724-4178    October 26, 2007
Comm. & Neigh.
Services
(231)724-6717
FAX (231 )726-2501

Engineering           Liquor Control Commission
(231)724-6707         7150 Harris
FAX (231 )727-6904
                      PO Box 30005
Finance               Lansing, MI 48909-7505
(231 )724-6713
FAX (231)724-6768

Fire Department
                      REF:   Req ID #422640
(231 )724-6792               Amigos, Inc.
FAX (231)724-6985
                             1848 E. Sherman, Suite M
Income Tax                   Muskegon, MI 49442
(231 )724-6770
FAX (231)724-6768

Info. Technology
                      To Whom It May Concern:
(231 )724-4126
FAX (231)722-4301
                      Enclosed is the Resolution and Form LC-1800 for Alfonso Soto. This was
inspection Services   recommended for approval by the City Commission at their October 23, 2007,
(231 )724-6715
FAX (231)728-4371     City Commission Meeting.
Leisure Services
(231 )724-6704        Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX (231)724-1196

Mayor's Office        Sincerely,
(231 )724-670 I
FAX (231)722-1214

Planning/Zoning
(231 )724-6702
FAX (231)724-6790     Linda Potter
Police Department     Deputy Clerk
(231 )724-6750
FAX (231)722-5140
                      enc.
Public Works
(231)724-4100
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
Date:    October 23, 2007

To:     Honorable Mayor and City Commissioners

From:      Finance Director

RE: MERS       Health Care Savings Program Enabling Resolution



SUMMARY OF REQUEST:                   The attached resolution authorizes the city to participate in the
MERS Health Care Savings Program (HCSP). HCSP is a program that allows employees to set aside
funds in a tax-favored account to use for post-employment medical purposes. Funds are contributed to
individual employee accounts before tax withholding and are not taxed at time of withdrawal if used for
eligible medical purposes.

The city benefits from adopting HCSP in two ways:

    •   Wages allocated to the HCSP are exempt from FICA/Medicare taxes for both employee and
        employer. Thus for every $100 in salary directed to HCSP, the city (and employee) each save
        $7.65 in FICA/Medicare taxes that would otherwise be paid.

    •   The program establishes an efficient means for employees to fund their own retiree healthcare
        expenses. The city provides basic retiree healthcare coverage, but there are many areas not
        covered. As it is unlikely the city will be extending this coverage, the HCSP is a good tool to help
        employees save to meet future healthcare needs.

At this time we are recommending that the resolution be adopted so that the program is ready for use in
the future. The first actual use would likely be for non-union employees as part of the 2008 salary and
benefit changes (considered by the Commission in December). Some unions have expressed interest
as well and we would like to have the program available for discussion in negotiations.

FINANCIAL IMPACT:            Potential FICA/Medicare savings to the city.

BUDGET ACTION REQUIRED:                     None. The program entails no direct costs to the city (other
than minor administrative costs) but may result in significant FICA/Medicare tax savings, depending on
the extent to which it is adopted by employee groups.

STAFF RECOMMENDATION:                    Approval.

COMMITTEE RECOMMENDATION:                         None.
                                                    Investments

                                                    Assets in the Health Care Savings Program are invested in the MERS Total Market Fund. For up-to-date
                                                    information on the portfolio; please visit our Web site at <www.mersofmich.com>.

                                                    Account Availability
    .
    \    \   1-1
             _!)      -
        L\       I\'-..                             Employees, their spouse, and legal dependents are eligible for immediate medical reimbursements when
-   ···- •~L_L "-- ' ~-·                            the employee:
EALTH (ARE SAVINGS PROGRAM
                                                          Meets the vesting cycle (if applicable), and
                                                          While collecting a disability benefit from any public pension plan, or
                                                          While on medical leave for six months or longer, or
he Health Care Savings Program is an                    - Upon separation from employment
mployer-sponsored program that provides             Reimbursement Claims Processing
 tax-favored medical savings account to
1dividual employees to help cover the costs         There are two ways that reimbursements are made:
f post employment health care.                         - Eligible member submits a "Reimbursement Claim Form" with the receipt of the expense
                                                          - Funds are deposited directly into member's account, typically within three business days
                                                          mySourceCardTM
IERS Health Care Savings                                  - This MasterCard® debit card transfers funds from the member's Health Care Savings Program
rogram Works Like This                                       account directly to qualified providers with no out-of-pocket cost and no need to file a claim
                                                             for reimbursement
mployer and employee groups work together
 design the contribution structure using any        Tax-Free Reimbursable Examples
>mbination of the four types of contributions:
                                                          Ambulance                    Dermatologist             Medicare                   Substance
                                                          Artificial Limb              Diagnostic Devices      - Nursing Services           Abuse Treatment
t       Tax-Free Basic Employer                           Back Support
                                                          Chiropractor
                                                                                   -
                                                                                   -
                                                                                       Eyewear
                                                                                       Eye Surgery
                                                                                                                 Orthodontia (braces)
                                                                                                                 Oxygen
                                                                                                                                          - Wheelchair
                                                                                                                                            X-ray
~ Tax-Free Mandatory Salary Reductions                    Contact Lenses           -   Health Insurance        - Physical Therapy
                                                          and Solutions                Premiums                - Physician
,       Tax-Free Leave Conversion                         Deductibles and          -   Hearing Services          Smoking
                                                          Co-Payments              -   Insulin Treatments        Cessation Programs
)       Post-Tax Voluntary Employee Contributions       - Dental Services          -   Long-term Care
                                                    A complete list of medical expenses can be found on the MERS Web site at <www.mersofinich.com/hcsp.htm>

dividual employee accounts are invested             Service
1d grow tax-free in the MERS Total Market
md Portfolio.                                       MERS focuses on quality service, timely communications, and reliable information. Through the HCSP
                                                    Employee Online Portal, members have access to the following services:
                                                        - Inquire regarding account balance, transactions, contributions, etc.
'hen an employee leaves employment or retires,
                                                           Review highlights of the program
e savings account is available for tax-free
                                                           View and print various administrative forms
imbursement of medical expenses, including
                                                           Contact MERS with specific questions about your account
,alth insurance premiums for the employee and
                                                    Please feel free to contact us toll-free at (800) 767-6377 or by e-mail at <hcsp@mersofinich.com>.
cgible dependents.
m 1019 0307 3M
                                                                                                                                                                                                           &      a.
                                                           About MERS
                                                                                                                                                                                             ....
How do employees benefit from the program?
The Health Care Savings Program allows employees
                                                           MERS is a statewide public employee retirement
                                                           sy:-.tcm that administers pension plans and
                                                           insurance program~: and manages a S5.8 billion
                                                                                                                                                                                                      Ill
to set aside money in their employee accounts to cover
                                                           investment portfolio.
the ever increasing costs of health insurance or medical
expenses after termination from public service. While      MERS members consist of: cities. community
deferred compensation plans or retirement accounts
                                                           mental health boards. counties. hospitals. libraries.
                                                           medical cure facilities. road commissions.
provide a tax-deferred benefit, amounts paid out
                                                           townships, villages and other governmental
(other than post-tax contributions) are considered
                                                           l!ntitics. MERS members total 685 muni1.:ipali1ics
taxable income.
                                                           and more than 70.000 individual members
                                                           und rl.!tin:cs.
Under the Health Care Savings Program, amounts
contributed are tax-free (as are earnings) and no taxes
are paid on amounts paid out since they must be used to                       MERS Insurance Services
reimburse health insurance premiums or used to cover
out-of-pocket medical expenses. This tax advantage                                   (800) 767-6377
could result in significant savings to participants and                            www.mcrsofo1ich.com
their families.
                                                                                                                                                                                    What Employees
                                                                                                                                                                                    Need to Know
What is my group's contribution structure in
the program?
If you are a union employee, please consult your
Collective Bargaining Agreement. If you are a                                                   .                             ·--..
                                                                                                ,' \         \ i ··-                    '-.
non-union employee, please consult your personnel                                           -
                                                                                                       \..   '1
                                                                                                                  .... 1...
                                                                                                                               \
                                                                                                                                   \.    '
                                                                                                                                             '-.

policy. Contact your employer with any questions on
your group's contribution structure.                                     Municipal Employees'
                                                                    Retirement System of l\1ichigan
                                                                                          1134 Municipal Way

                                                                                                                                                                                 ~
                                                                                           Lansing. Ml 48917

                                                                                                    ( 51 7) 703-9030
                                                            T/11, ;.,uhii,·,111(,i/ e111r.rin., ,1 .,1.1111man· ,;,,.,1T1J'/.'11i1 ,i( \ fl.R.'> i,,-·1,•,·J.,1,.    / \:_/\ I : I , ~
                                                           /"![h·/,•,· UI" JJJ·u,·,·d;rn•·... \/1·.RS i/o,· m.id,· <'I ,•,-·.1· ,.•f/ul"I fn ,.l!,11,·,·             '·-       - L__ L. \ . •. ' .
                                                           !iii/I rii,' iilfi,r11wlim,• i'r,,,·i,i,-,1 i, ,1n·w111(' ,111d rr{' f,, dot,·. 11·;;;.,.(·
                                                                                                                                                                    -·-·--- .-..... . ··············-·-·--•·---
                                                           r/1,· {-'!1!•iin,1iu!I, 1.•111H,·1' ,, i!I: li11· ,.,-!,. '"'"'' /',\I!.' J>,,,·,1111,·1u. th,·
                                                           r'/,,n / In, l!///,:·1.,,' , ·,,,,•rn,!,. f·"i:.:,ur, •., ,1,· u( I I, ·n·ilif.•, ·r 31. :out,.
                                                                                                                                                                    HEALTH (ARE SAVINGS PROGRAM
                                                                                     2007-9l(a)




                                HEALTH CARE SAVINGS PROGRAM




                       HEALTH CARE SAVINGS PROGRAM
                           UNIFORM RESOLUTION




                               (Participating Employer)


                  Municipal Employees' Retirement System of Michigan
                                 1134 Municipal Way
                                  Lansing, MI 48917
                                    517-703-9030




                                                              Restated: March 13, 2007
                                                              (Adopted: May 14, 2003, amended
                                                              August 11, 2004, restated November
                                                              15,2005)




HCSP-Unifonn Resol (3-13-07)
                    UNIFORM RESOLUTION ADOPTING THE MERS
                        HEALTH CARE SAVINGS PROGRAM
                        (Exc/11dillg Plans Governed by Internal Revenue Code Section 40l(h))

          WHEREAS, the Municipal Employees' Retirement System ("MERS") Plan Document of
1996, effective October 1, 1996, authorized the Municipal Employees' Retirement Board
("Board") to. establish additional programs including but not limited to defined benefit and
defined contribution program (MERS Plan Document Section 36(2)(a)); MCL 38.1536(2)(a));

          WHEREAS, the Board has authorized MERS' establishment of the health care savings
program ("HCSP" or "Program"), which a participating municipality or court, or another eligible
public employer that is a political subdivision of the State which constitutes a "municipality"
under MERS Plan Document Section 2B(4); MCL 38.1502b(2) ("Eligible Employer"), may
adopt for its Eligible Employees;

        WHEREAS, MERS has been detetmined by the Internal Revenue Service to be a tax-
qualified "governmental plan" and trust under section 40l(a) of the Internal Revenue Code of
1986, and all trust assets within MERS reserves are therefore exempt from taxation under Code
section 501(a) (IRS Letter of Favorable Determination dated June 15, 2005).

          WHEREAS, the Board has established a governmental trust (the "Trust Fund") to hold
the assets of the HCSP, which Trust Fund shall be administered under the discretion of the Board
as fiduciary, directly by (or through a combination of) MERS or MERS' duly-appointed Program
Administrator;

      WHEREAS, 1999 PA 149, the Public Employee Health Care Fund Investment Act,
MCL 38.1211 et seq. ("PA 149") provides for the creation by a public corporation of a public
employee health care fund, and its administration, investment, and management, in order to
accumulate funds to provide for the funding of health benefits for retirees and beneficiaries;

        WHEREAS, a separate MERS health care trust fund created under PA 149 also
constitutes a governmental trust established by a public corporation ("municipality") as an
Eligible Employer, provided that all such employers shall be the State of Michigan, its political
subdivisions, and any public entity the income of which is excluded from gross income under
Section 115 of the Internal Revenue Code; provided further, that the PA 149 trust shall not
accept assets from any defined benefit health account established under Section 401(11) of the
Internal Revenue Code;

        WHEREAS, the Board acts as investment fiduciary for the pooled assets of each MERS
participating municipality and court enrolled in MERS defined benefit programs, Health Care
Savings Program, the Retiree Health Funding Vehicle, and the Investment Services Pool
Program, on whose behalf MERS performs all plan administration and investment functions, and
such participating municipalities and courts have full membership, representation and voting
rights at the Annual Meeting as provided under Plan Section 45; MCL 38.1545.

      WHEREAS, the Board also acts as investment fiduciary for those participating
employers who are non-MERS participating municipalities and courts that have adopted the



HCSP-Unifom1 Resol (3-13-07)                                                                   l of 4
MERS Health Care Savings Program, Retiree Health Funding Vehicle, or Investment Service
Pool Program, and such entities are not accorded membership, representation or voting rights
provided to MERS participating municipalities and courts at the Annual meeting under Plan
Section 45; MCL 38.1545.

        WHEREAS, adoption of this Uniform Resolution and Participation Agreement (the
"Uniform Resolution") by each Eligible Employer is necessary and required in order that the
benefits available under the MERS HCSP may be extended;

        • It is expressly agreed and understood as an integral and nonseverable part of
             extension or continuation of coverage under this HCSP Resolution that Section 43B
             of the MERS Plan Document shall not apply to this Uniform Resolution Adopting
             MERS HCSP, the Participation Agreement, the Trust Plan Document, the Trust
             Agreement, and their administration or interpretation.

        • In the event any alteration of the language, terms or conditions stated in this Uniform
             Resolution Adopting MERS HCSP is made or occurs, under MERS Plan Document
             Section 43B or other plan provision or other law, it is expressly recognized that
             MERS and the Board, as fiduciary of the MERS Plan and its trust reserves, and
             whose authority is nondelegable, shall have no obligation or duty: to administer (or
             to have administered) the Trust; or to continue administration by the Program
             Administrator or by MERS directly.

        WHEREAS, concurrent with this HCSP Uniform Resolution, and as a contmumg
obligation, this governing body has completed, approved, and submitted to MERS documents
necessary for participation in and implementation of the HCSP. This obligation applies to any
documents deemed necessary to the operation of the Trust by the Program Administrator;

         NOW, THEREFORE, BE IT RESOLVED that the governing body adopts (or
readopts) the MERS HCSP as provided below.

                  SECTION 1. HCSP PARTICIPATION
         EFFECTIVE             Oero11t:x... ZJ                       , 20 0 i      , the MERS HCSP is hereby
adopted by the         ~ 1r/
                          , o;::- /llv.fff/{IW
                                      ( MERS municipality or court or other eligible employer)


         CONTRIBUTIONS.          Basic Employer contributions, Mandatory Salary Reduction
Contributions, Mandatory Leave Conversion Contributions, and Post-tax Employee
Contributions, shall be remitted pursuant to MERS by the Eligible Employer, and credited to the
Eligible Employer's separate fund within the MERS Trust Fund. Employer contributions may be
made as a percentage of salary and/or by a specified dollar amount.

       INVESTMENT of funds accumulated and held in the Health Care Savings Program
Trust Fund shall be held in a separate reserve and invested on a pooled basis by MERS subject to




HCSP-Unifonn Resol (3-13-07)                                                                            2 of4
the Public Employee Retirement System Investment Act ("PERSIA"), 1965 PA 314, as provided
byMERS Plan Document Section 39; MCL 38.1539, and PA 149.

          THE ELIGIBLE EMPLOYER shall abide by the terms of the HCSP, including all
investment, administration, and service agreements, and all applicable provisions of the Code
and other law. It is affirmed that no assets from any defined benefit health account established
under Section 401 (h) of the Internal Revenue Code shall be transferred to, or accepted by,
MERS.

         SECTION 2. IMPLEMENTATION DIRECTIONS FORMERS AS
              HCSP INVESTMENT FIDUCIARY AND TRUSTEE
          (A)      The governing body of this Eligible Employer desires that all assets placed in its
                   MERS HCSP Trust Fund (as a sub-fund within all pooled HCSP trust funds with
                   MERS) be administered by MERS, which shall act as investment fiduciary with
                   all powers provided under Public Employee Retirement System Investment Act,
                   pursuant to PA 149, all applicable provisions of the Internal Revenue Code and
                   other relevant law.

          (B)      The governing body desires, and MERS upon its approval of this Resolution
                   agrees, that all funds accumulated and held in the MERS HCSP Trust Fund shall
                   be invested and managed by MERS within the collective and commingled
                   investment of all HCSP funds held in trust for all Eligible Employers.

          (C)      All monies in the MERS HCSP Trnst Fund (and any earnings thereon, positive or
                   negative) shall be held and invested for the sole purpose of paying health care
                   benefits for the exclusive benefit of "Eligible Employees" who shall constitute
                   "qualified persons" who have retired or separated from employment with the
                   Eligible Employer, and for any expenses of administration, and shall not be used
                   for any other purpose, and shall not be distributed to the State.

          (D)      The Eligible Employer will fund on a defined contribution, individual account,
                   basis its MERS HCSP Trust sub-fund to provide funds for health care benefits for
                   "Eligible Employees" who shall constitute "qualified persons." Participation in
                   and any coverage under HCSP shall not constitute nor be constrned to constitute
                   an "accrued financial benefit" under Article 9 Section 24 of the Michigan
                   Constitution of 1963.

         (E)       The Eligible Employer designates and incorporates as "Eligible Employees" who
                   shall constitute "qualified persons" under this HCSP Resolution those who are
                   "Eligible Employees as defined in the HCSP Participation Agreement under this
                   HCSP.
          (F)           '[i
                    t) 0£ 111v.JK!f"lhl b,#!IKI~ ,O,w th!,....(Use title of official, not name) shall be
                   the ligible Employer's HCSP Coordinator; shall designate in writing the
                   "qualified persons" on whose behalf trnst fund monies shall be made available
                   under any MERS (or non-MERS) retiree health care benefit program, including,
                   but not limited to, MERS HCSP, or MERS Premier Health; receive necessary


HCSP~Uniform Resol (J-13-07)                                                                    3 of4
                   reports, notices, etc.; shall act on behalf of the Eligible Employer; and may
                   delegate any administrative duties relating to the Fund to appropriate departments.
          (G)      Fees and Expenses for the MERS HCSP are contained in Addendum A to this
                   Resolution.


                               SECTION 3. EFFECTIVENESS OF THIS
                                  HCSP UNIFORM RESOLUTION
        This Resolution shall have no legal effect until a certified copy of this adopting
Resolution shall be filed with MERS, and MERS detennines that all necessary requirements
under MERS Plan Document Section 36(2)(a), 1999 PA 149 and other relevant laws, and this
Resolution have been met. Upon MERS' determination that all necessary documents have been
submitted, MERS shall record its fonnal approval upon this Resolution, and return a copy to the
Eligible Employer's HCSP Coordinator as identified above.

        In the event an amendatory resolution or other action by the Eligible Employer is
required by MERS, such Resolution or action shall be deemed effective as of the date of the
initial Resolution or action where concurred in by this governing body and MERS (and the
Program Administrator if necessary). Section 54 of the MERS Plan Document shall apply to this
Resolution and all acts performed under its authority. The terms and conditions of this
Resolution supersede and stand in place of any prior resolution, and its te1ms are controlling.

      I hereby certify that the above is a true copy of the Uniform Resolution Adopting
The MERS Health Care Savings Program, adopted at the official meeting held by the
governing body of this municipality:


         On     Qcfober                    ,20 0 7


                Please send MERS fully executed copy of:
                     1. This HCSP Uniform Resolution;
                     2. Participation Agreement_;
                     3. Certified minutes stating Governing Body approval; and
                     4. Union contract language and/or personnel policy.



              RECEIVED AND APPROVED BY THE MUNICIPAL EMPLOYEES'
                        RETIREMENT SYSTEM OF MICHIGAN

Dated: _ _ __ _ _ _ _ _ _ _, 20_ _
                                                                (Authorized MERS signatory)




HCSP-Uniform Resol (3-13-07)                                                                  4 of4
                                                                                    2007-91(a)



                                 ADDENDUM A

      Fees and Expenses for the MERS HCSP are as follows:

             (a) The administrative fee is $25 per year and 50 basis points (50
            hundredths of 1 percent). The basis point fee will be applied by MERS to
            the fair market value of assets determined as of the first business day of
            each month. The fees will be deducted from the individual's account. A
            quarterly statement will be provided following each quarter.

            (b) The administrative fee is separate from and does not include
            underlying investment management expenses netted from all MERS trust
            funds under investment on a daily valuation basis.




Dated: Oc.fo ber    Jt, , 20_Q_l_

                                                   Mayo:t!
                                                                  (Title)




     RECEIVED AND APPROVED BY THE MUNICIPAL EMPLOYEES'
               RETIREMENT SYSTEM OF MICHIGAN



Dated: _ _ _ __ _ _ _ _., 20__
                                                 (Authorized MERS HCSP signatory)
Date:      October 23, 2006
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Congress of Cities Voting Delegates


SUMMARY OF REQUEST: To designate one of our officials who will
be in attendance at the National League of Cities Annual Business
Meeting to cast the City's vote; and, if possible, to designate an
alternate.



FINANCIAL IMPACT: None



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION: Approval.
                 To strengthen
                  and promote
              cities as centers
                of opportunity,
               leadership, and              September 28, 2007
                   governance.



                                            MEMORANDUM

National League                             TO:                                Direct Member Cities
               of Cities                                                       Donald J. Borut, Executive Director
                                            FROM:

1301 Pennsylvania Ave., N.W.                SUBJECT:                            Congress of Cities Voting Delegates
Washington, DC20004-1 763
                202-626-3000                The National League of Cities Annual Business Meeting will be held on
          Fax: 202-626-3043                 Saturday, November 17, 2007, at the conclusion of the Congress of Cities and
                 www.nlc.org                Exposition in New Orleans. As a direct member city, y our city is entitled to
                                            vote at this meeting. Based on population, each member city casts between
                 2007 Officers
                                            one and twenty votes. The number of votes for each population range can be
                      President
                  Bart Peterson             found on the table on the reverse of this memorandum.
                          Mayor
           Indianapolis, Indiana

            First Vice President
                                            To be eligible to cast a city's vote, a voting delegate and alternate must be
             Cynthia McCollum               officially designated by the city u sing the enclosed credentials form. This
               Council Member
            Madison. Alabama                form will be forwarded to NLC ' s Credentials Committee. NLC byl aws
         Second Vice President              expressly prohibit voting by proxy. City elected officials should be made
               Kathleen Novak
                        Mayor
                                            aware of this request so that decisions can be made as to who will be the
          Northglenn. Colorado              voting delegate and alternate(s).
      Immediate Past President
                 James C. Hunt
                Councilmember
                                            At the Congress of Cities, the voting delegate must pick up the city 's voting
       Clarksburg, West Virginia            card at the credentials booth before the Annual Business Meeting and must be
             Executive Director             present at the Annual Business M eeting to cast the city' s vote. Alternates
               Donald J. Barut
                                            should also visit the credentials booth before the meeting to pick up their
                                            stickers which identify them as alternate voting delegates. The credentials
                                            booth will be open throughout the Congress of Cities.

                                            Ple~se return the completed form to NLC by fax at 202-626-3043 on or
                                            before October 31, 2007, arid keep the original for your own fi les. If you
                                            have any questions or concerns, contact Ken Rosenfeld, NLC policy manager,
                                            at rosenfeld@nlc.org or 202-626-3027.

                                            T hank you.




                                      Past Presidents: Clarence E. Anlhonv, Mayor, South Bay, Flo1ida • John DeStcfano, J,., Mayor, New Haven, Connecticut • Brian J, O'Neill, Councilman, Philadelphia, Pennsylvania • Ofrectors: R. Michael
                                      Amyx, Executive Oiiector, Virginia Municipal league • Susan Burgess, Mayor Pro Tem, Cha,lotte, North Carolina • Thomas Carlson, Mayor. Springfield, Missouri• Susan Cave, Executive Director. Ohio Municipal
                                      league• Deborah Denard Delgado, Councilwoman, Hattiesl>urg, Mississippi • Joseph Donaldson, Mayor. flagstaff, Arizona • Pal Eklund, Council Member, Novato, Califomia • Ted Ellis, Mayor, Bluffton, Indiana
                                      • Makia Epie, Council Member, Cedar llill, Texas • Margaret Finlay, Councilrnember, Duarte. California • Rene Flowers, Councilmember, Sl. Petersburg. Florida • J ohn Franklin. Councilmember, Chattanooga,
                                      Tennessee • Gary Graham, Mayor, O'Fallon, Illinois • Donald A. Groesser, Mayor. Ralston, Nebraska • Jeanne Harris, Councilmember, Vancouver. Washington • Daun S. Hester, Council Member, Norfolk. Virginia
                                      • Charles Hughes, Councilman·At·large. Gary, Indiana • Steven Jeffrey, Executive Director, Ve1mont league ofCities and Towns• Michael E. Johnson, Council Member, Phoenix, Arizona • Martin Jones, Council
                                      Member, Conyers, Georgia • Jennifer L. Kim, Council Member, Austin, Texas • DaisyW. Lynum, Commisslonm. Orlando, Florida • Margaret Mahery, Executive Director. Tennessee Municipal league • Cynlhia
                                      Mangini, Councilman-At·largc. Enfield. Connecticut• Marcia Marco ux, Councilmember, Rochester. Minneso1a • Henry Marraffa, Jr., Couocilman, Gaithersburg, Ma,yland • TomEd McHugh, Executive Director,
                                      Louisiana Municipal Association • Darryl Moss, Mayor, Creedmoor. North Carolina • J ames Perkins, J r., Mayor, Selma, A!abuma • Daniel Pacek, Mayor, Bedfo1d, Ohio • Richard Radcliffe, Councilman,
                                      Greenacres, Florida • Lynn Rex, Executive Director. league of Nebiaska Municipalities • Julie Aberg Robison, Council Membe1-At·La1ge, Cary. North Carolina • Shirley Scotl. Council Member, Tucson. J\Ji1ona •
                                      Anne Sinclair, Council Member. Columhia. South Carolina • Walter Skowron, Council Member, Loveland. Colorado • Connie Sprynczynatyk, Executive Director, North Dakota league of Cities• Ken Strobeck,
                     Re<)tle<!Paper   Executive Director. League of A1i1ona Cities and Towns • Lynne Whalen, Council Woman, Casper. Wyoming • Dennis Zine, Councilman, Los Angeles. California
                                                                    CREDENTIALS FORM
              NATIONAL LEAGUE OF CITIES · 2007 CONGRESS OF CITIES · NEW ORLEANS, LOUISIANA

At the Annual Business Meeting on Saturday, November 17, 2007, each direct member city of NLC is entitled to cast from one
to 20 votes based upon the city's population per the 2000 census, through its designated voting delegate. Please indicate
below your city and state, voting delegate and alternate(s), and sign and date the form. The form should be faxed to NLC at
202-626-3043, by the October 31, 2007 deadline.

The official voting delegate and alternate(s) for the city/town of:                                                           FOR OFFICE USE ONLY
                                                                                                                          (DO NOT WRITE IN THIS SPACE)
       City of Muskegon,                                                                                                       Voting card issued to:
             (type or print the name of your city/town and state)

VOTING DELEGATE:                                                                                                                    (signature)

1.      Clara Shepherd                                                                                                          Votes: _ _ _ __
     NAME

        Commissioner                                                                                                      1 __       2 __         3 _ __
     TITLE


ALTERNATE VOTING DELEGATE(S):


2.      None
     NAME                                                                              TITLE


3.      None
     NAME                                                                               11 !"LE




                                    PLEASE SIGN AND FAX THIS FORM TO NLC BY OCTOBER 31, 2007
                                          ATTENTION: ERIKA HAMILTON, POLICY ASSISTANT
                                                        FAX: 202-626-3043
                                                  \    .

                 .          .                         \)\                 ;\"\._ __   . . ? - -··l/.
               Signature (city representative):            '1'..c:Y::).    \ · -..~.Jv"vV'/   \,+-·\.....- v1   l---...



               Title,   City Clerk                                                            Date,             October 24, 2007
             **   Tx Result**


No.                003
Name               712026263043
Mode               Normal
Start Time         10/25 12:34pm
Time               0'50"
Page               1
Department
Result                 0K
Note
October 10, 2007

To:    f',1uskegon City Commissioners
       City Hall 933 Terrace Ave.
       Muskegon,Ml.49440

From: Mr. Joe N. Childrey
      13 81 Hillcrest Ct.
      Muskegon,Ml.49442

Re: Excessive Speed-Disregard for the Marquette Neighborhood.

Hillcrest Court: Excessive Speed

1. People are driving in excess of 45 mph in an area of less than ¼ mile
   from Home Street to Lawrence Street.

2. We have a school bus that comes each morning approximately 7 :30A.M.,
   to take a short cut to Wesley School, but there are no children along
   Hillcrest or Lawrence Street that take the bus.

3. The entire area was poured in slabs and to hear these heavy vehicles is
   literally tearing up the street, which wasn't designed for heavy vehicles,
   nor heavy traffic.

4. Check Wesley avenue to see existing damage incurred by the existing
   bus traffic.

Recommendation: Speed bumps to slow down the traffic.

Home Street: Excessive Speed- Going N01th and South.

1. Going South on Home Street to Apple Avenue, there are a number of
   individuals that use Home Street from Marquette and Creston Avenue
   who violate the law, when there are four signs posted that specifically
   state that one should not make a left hand tum at Apple Avenue going
   East. This is a constant violation, and the signs now posted are totally
   ignored.
                                           2.

     2. Going North on Home Street from Apple Avenue to Hillcrest Court,
        when you put your tum signal on for a left tum to Hillcrest Court, their
        vehicles speeding and tail-gating, and blowing for you to get out of
         their way while you're trying to make a left tum going West on Hill-
         crest Court to my home.

     Recommendation: Home street is less than ¼ miles, wasn't designed for
     heavy traffic and strongly need speed bumps or enforcement of the existing
     laws to enforce the speed and traffic weight for the existing slabs.

     Creston Street: This street is used along with Roberts Street as a short cut to
     Apple avenue from Marquette Street and beyond, this entire area was made
     in slabs and wasn't designed for heavy vehicles nor excessive traffic and
     speeding vehicles in a residential neighborhood.

     Recommendations: Speed bumps to slow down the speed of traffic and
     enforce the speed in a residential area, along with weight restrictions.

     Apple Avenue East: Often times you cannot make a left hand tum to Home
     Street, because people have you blocked going to the area of the Secretary
     of State Office, Dollar store, ect. Many times there are people illegally
     maldng a left hand tum going East on Apple Avenue from Home Street,
     which prevent one from making the tum going North on Home Street.

     This area need to monitored, before a serious accident occmTed.

     Your attention will be gratiously appreciated:


    ~dcz ;J. a/4Ltf},,,~,
(    Joe N. Childrey                        -

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