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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 14, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLLCALL:
o HONORS AND AWARDS:
A. Mrs. Ruth David.
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. liquor license Transfer Request - Racquets Downtown Grill. 446 W.
Western Ave. CITY CLERK
C. liquor license Transfer Request- H & J. Inc .. 939 E. laketon. CITY CLERK
D. Sale of Buildable Vacant lot at 1361 Albert Avenue. PLANNING &
ECONOMIC DEVELOPMENT
E. SECOND READING: Zoning Ordinance Amendment - Planning
Commission Notice Mailing Area. PLANNING & ECONOMIC
DEVELOPMENT
F. SECOND READING: Zoning Ordinance Amendment- Aggrieved Parties
language. PLANNING & ECONOMIC DEVELOPMENT
G. SECOND READING: Zoning Ordinance Amendment - Zoning Board of
Appeals Newspaper Public Notice. PLANNING & ECONOMIC
DEVELOPMENT
H. Resolution of Support for Muskegon Area Sustainabilitv Coalition.
PLANNING & ECONOMIC DEVELOPMENT
I. Budgeted Vehicle Purchases. PUBLIC WORKS
J. Replacement Sodium Hypochlorite Application Pumps. WATER
FILTRATION
K. Accept Resignations and Make Appointments to Various Boards and
Committees. CITY CLERK
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Consideration of Bids: Fifth Street Landscaping. Merrill Avenue to
Western Avenue. ENGINEERING
B. Parking Ramp Purchase Agreement. CITY MANAGER
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
> Reminder: Individuals who would like to address the City Commission shall do the following:
> Fill out a request to speak form attached to the agenda or located in the back of the room.
> Submit the form to the City Clerk.
)> Be recognized by the Chair.
> Step forward to the microphone.
> State name and address.
)> limit of 3 minutes to address the Commission.
> (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO AlTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT LINDA
POTIER, ACTING CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO:
(231) 724-4172.
Whereas, on behafJ of our community, we wish to recora our
aeey sorrow over the yassing of Ruth .Jtugusta David; better
known as "()ussie", on October 17, 2006 at the age of 96; ana
Whereas, ()ussie's service was given with such aevotion to the
:Marsh :Jie{a baseba{{ through her ana her famifies management of
the City's concession stanafor over 45 years, which sti{{ continues
toaay, ana that aevotion earnea the resyect, aamiration, ana
frient:isfiiy of a{{ baseba{{yarticiyants at :Marsh :Jie{c[; ana
Whereas, the giving of one's service emyowers the giver ana
the reciyient; ana urges a{{ citizens to be cognizant of tlie
imyortance of organizea syorts in tfie aeveCoyment of our most
va{uab{e assets- our youth; ana
Whereas, @ussie's Cife was aedlcatea to the best interests of
her community; ana
:Now, therefore, I Steyhen Warmington by virtue of the
'I
authority vestea in me as :Mayor, ana on behafJ of the City
II Commission ana community, in recognition of Rutfi 's contributions
il
!' I
to our community ana its citizens; we hereby exyress our aeey
'I II ayyreciation for tier service to our community ana extena to tier
il fami{y our sincere symyatliy uyon her yassing.
J:NWITNESS WJf'ER'EO:f, I have hereunto set our hanas ana
cause tlie sea{ of the City of :Muskegon to be affixea this 14'" aay of
:November 2006.
C ara Sfteyften£, Commissioner
S~re&;;: ~mniK;;ioner
Date: November 14, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, October 24, 2006.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 14, 2006
CITY COMMISSION CHAMBERS@ 5:30P.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, November
14, 2006.
Mayor Warmington opened the meeting with a prayer from Reverend
Michael Borgert from the First Christian Reformed Church after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioner Lawrence Spataro, Sue Wierengo, Chris Carter, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and Acting
City Clerk Linda Potter.
Absent: Commissioner Kevin Davis (Excused)
2006-90 HONORS AND AWARDS:
A. Mrs. Ruth David. Mayor Warmington presented Mrs. Ruth David's family
with a resolution in honor of her contributions to the City. They were also given
her reserved-parking sign.
Mayor Warmington sent condolences to Gerald Moore and family on the death
of the former City Treasurer Shirley Moore.
2006-91 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, October 24, 2006.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Transfer Request - Racquets Downtown Grill, 446 W.
Western Ave. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Downtown Pinnacle Properties, LLC, to
transfer ownership of the 2006 Class C-SDM licensed business with Dance-
Entertainment permit from Southbound, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
C. Liquor License Transfer Request- H & J, Inc .. 939 E. Laketon. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Sung Jung to transfer ownership of the SDM
licensed business located at 939 E. Laketon from H & J, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
D. Sale of Buildable Vacant Lot at 1361 Albert Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1361
Albert Avenue (Parcel #24-611-000-0291-00) to Terence Sykes. The lot is 100 x 140
ft. and is being offered to Mr. Sykes for $8,000. A single family home will be
constructed. The home will have a two stall attached garage, four bedrooms,
and two bathrooms. The square footage of the home will be approximately
1810 square feet.
FINANCIAL IMPACT: The sale of this lot for the construction of a single family
home will generate additional tax revenue for the City and will place the
property back on the City's tax rolls thus relieving the City of continued
maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution and deed.
E. SECOND READING: Zoning Ordinance Amendment - Planning
Commission Notice Mailing Area. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2405 (Petitions, Fees,
paragraph #2) of Article XXIV (Administration and Enforcement) regarding the
300 foot notice mailing area for Planning Commission public hearings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language for Planning Commission public hearing
notices.
COMMIITEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
F. SECOND READING: Zoning Ordinance Amendment- Aggrieved Parties
Language. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2503 (Appeals, Applications,
Filing Procedure and Fees, paragraph # 1) of Article XXV (Zoning Board of
Appeals) regarding "aggrieved parties" language.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language for "aggrieved parties".
COMMIITEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
G. SECOND READING: Zoning Ordinance Amendment - Zoning Board of
Appeals Newspaper Public Notice. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2504 (Hearings, Notices, and
Adjournments, #1) of Article XXV (Zoning Board of Appeals) regarding
newspaper public notice for Zoning Board of Appeals public hearings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding newspaper notice of Zoning
Board of Appeals public hearings.
COMMIITEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 12th meeting. The vote was unanimous
with T. Harryman, S. Warmington, and J. Aslakson absent.
J. Replacement Sodium Hypochlorite Application Pumps. WATER
FILTRATION
SUMMARY OF REQUEST: To replace the existing sodium hypochlorite
(disinfectant) pumps at the Water Filtration Plant.
FINANCIAL IMPACT: The replacement of two chemical application pumps at a
cost of $10,812.
BUDGET ACTION REQUIRED: None, the replacement of these pumps is
budgeted.
STAFF RECOMMENDATION: Staff recommends purchasing the replacement
sodium hypochlorite pumps from Matoon & Lee at a cost of $1 0,812.
K. Accept Resignations and Make Appointments to Various Boards and
Committees. CITY CLERK
SUMMARY OF REQUEST: To accept resignations from Cora Taylor- District Library
Board; and Brett Sova- Citizen's Police Review Board. To appoint Craig Brown-
District Library Board; and Kari Tyler- Citizen's Police Review Board (contingent
upon background check).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The Community Relations Committee
recommended approval at their November 13th meeting.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
Consent Agenda as read less items H and I.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Gawron, and
Shepherd.
Nays: None
MOTION PASSES
2006-92 ITEMS REMOVED FROM THE CONSENT AGENDA:
H. Resolution of Support for Muskegon Area Sustainability Coalition.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the "Resolution of Support for Muskegon
Area Sustainability Coalition". The resolution states that the City of Muskegon
endorses the "Coalition" and "embraces the development of sustainability
planning on a best effort basis".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
COMMITIEE RECOMMENDATION: The Commission discussed the efforts of the
Coalition at their October 9th Work Session and requested that a resolution of
support be prepared.
Motion by Commissioner Wierengo, second by Commissioner Carter to approve
the "Resolution of Support for Muskegon Area Sustainability Coalition".
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
Spataro
Nays: None
MOTION PASSES
I. Budgeted Vehicle Purchases. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two Ford Focus 4-door wagons
from Great Lakes Ford.
FINANCIAL IMPACT: Total cost $27,320.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the purchase.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the purchase of two Ford Focus four-door wagons from Great Lakes Ford.
ROLL VOTE: Ayes: Wierengo, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2006-93 NEW BUSINESS:
A. Consideration of Bids: Fifth Street landscaping, Merrill Avenue to
Western Avenue. ENGINEERING
SUMMARY OF REQUEST: Award the contract for landscaping and installation of
the customized concrete sidewalk along Fifth Street from Merrill Avenue to
Western Avenue to Muskegon Quality Builders, Inc. of Muskegon Heights, Ml
since they were the lowest responsible bidder with a bid price of $47,859.82.
FINANCIAL IMPACT: The construction cost $47,859.82 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Muskegon Quality Builders,
Inc.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to award the
contract for the Fifth Street landscaping of Merrill Avenue to Western Avenue to
Muskegon Quality Builders, Inc.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
B. Parking Ramp Purchase Agreement. CITY MANAGER
SUMMARY OF REQUEST: To enter into a new purchase agreement with Press's
Development, LLC, for the purchase of the Clay Street Parking Ramp. This
agreement will supersede the previous agreement to purchase the ramp. The
price remains the same, but the actual property conveyance will not occur until
the ramp is demolished.
FINANCIAL IMPACT: $100,000 to the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreement.
COMMITIEE RECOMMENDATION: The City Commission has previously approved
the sale of the ramp.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
new purchase agreement with Press's Development, LLC, for the purchase of the
Clay Street Parking Ramp.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, and
Carter
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington announced that Commissioner
Spataro represented the City at a summit reference the homeless situation and
received a leadership award on behalf of the City for our ten year plan to
abolish homelessness.
Also mentioned was the condition of streets at Hartford and Peck and Spring
and Apple.
ADJOURNMENT: The City Commission Meeting adjourned at 5:53 p .m.
Respectfully submitted,
Linda Potter, CMC
Acting City Clerk
Date: November 14, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Liquor License Transfer Request
Racquets Downtown Grill, 446 W. Western
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Downtown Pinnacle
Properties, LLC, to transfer ownership of the 2006 Class C-SDM
licensed business with Dance-Entertainment permit from Southbound,
Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www.muskegonpolice.com Phone: 23 1-724-6750
Muskegon, Michigan FAX: 231-722-5140
49443-0536
October 30, 2006
To: City Commission through the City Manager
From: L- . l ~
ony L. Kleibecker, Director of Public Safety
Re: Liquor License Request - 446 W. Western (Racquets Downtown Grill) Transfer of2006
Class C-SDM Licensed Business with Dance-Entertainment Permit
The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation of applicant Downtown Pinnacle Properties, LLC, comprised of Ronald Madison of
2105 Lake Avenue, North Muskegon, MI. 49445.
Downtown Pinnacle Propetties, LLC requests to transfer ownership of 2006 Class C-SDM licensed
business with Dance-Entertainment located at 446 W. Western fi:om Southbound, Inc. Mr. Madison has
limited experience in the alcohol service industty and has been made aware of the Muskegon Police
Department's position on enforcing local alcohol laws and ordinances.
A check of Muskegon Police Department records and criminal histoty showed no reason to deny this
request.
ALK/kd
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 10-30-06
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Downtown Pinnacle Properties,
LLC of 446 W. Western, Muskegon, MI. 49440. Downtown Pinnacle Properties, LLC is
comprised of Ronald Madison of2105 Lake Avenue, North Muskegon, MI. 49445.
Downtown Pinnacle Properties, LLC is requesting to transfer ownership of 2006 Class C-
SDM licensed business with Dance-Entertainment, located at 446 W. Western,
Muskegon, MI 49440 from Southbound, Inc. Mr. Madison has been made aware of the
Muskegon Police Departments position on enforcing local alcohol laws and ordinances.
A check ofMPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/commonlliquor/Raquets_ 06
Michigan Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
LOCAL APPROVAL NOTICE
!Authorized by MCL 436.1501]
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, Ml49445
H(231 )750-461 0/8(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
Request ID #
:305W'-i .7
2006-91(b)
RESOLUTION
At a ----=-R:..:e:...;g;~.;u=l=a-=r_ _ _ _ _ _ _ meeting of the CitY Commission
(Regular or Special) (Township Board, City or Village Council}
called to order by Mayor Warmington on November 14, 2006 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Carter and supported by Vice Mayor Gawron
That the request to TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH
DANCE-ENTERTAINMENT PERMIT, LOCATED AT 446 W. WESTERN, MUSKEGON, Ml 49440,
MUSKEGON COUNTY, FROM SOUTHBOUND, INC. TO DOWNTOWN PINNACLE PROPERTIES,
LLC.
be considered for _ _ _ _ _ _ _ _ _ _ _ _A....:p:....;p:.._r_o_v_a_l_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: _ __ 6_ _ _ _ _ _ ___ Yeas: _ _ _ _ __ _ _ _____
Nays: _ __~o~------------ Nays: --------------------
Absent: ____1_ _ __ __ _ 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 C i t y C omm i s s ion at a _ ___:.R.:...:e:;..,g;!_u=l-=a:..::r:____ _ _ __ __ _
(Township Board, City or Village Council} (Regular or Special}
meeting held on November 14, 2006
(Date)
(Signed) ~~
(Township, City or Village Clerk)
SEAL
933 Terrace, Muskegon , MI 49440
(Mailing address of Township, City or Village)
The Department or Labor & Economic Growth will not discriminate against any individual or group because or ra ce. sex, religion, age,
nation al origin, color, marital statu s, disability, or political beliefs. If you naed help with reading, writi ng, hoaring, etc., under 111e Americans
with Disabilities Act, you may make your needs known to this agency.
Michigan Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request I D # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
POLICE INVESTIGATION REPORT
[Authorized by MCL 436.1217 and R 436.11 05; MAC)
Please conduct your investigation as soon as possible, complete all four sections of this report and return the
completed report and fingerprint cards to the MLCC
LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
DOWNTOWN PINNACLE PROPERTIES, LLC REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C-SDM
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 446 W. WESTERN, MUSKEGON, Ml
49440, MUSKEGON COUNTY, FROM SOUTHBOUND, INC.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
RONALD R. MADISON- MEMBER
2105 LAKE AVENUE
NORTH MUSKEGON, Ml 49445
H(231 )750-461 O/B(231 )726-4007
I DATE Fi,NGERPRINTED: / 0 - 21 -0'6 DATE FINGERPRINTED: I
DATE OF BIRTH: <;r- z. fr· ? V DATE OF BIRTH:
Is the applicant a U.S. Citizen: 0 Yes 0 No* Is the applicant a U.S. Citizen: 0 Yes 0 No*
*Does the applicant have permanent Resident Alien status? *Does the applicant have permanent Resident Alien status?
DYes 0 No* 0 Yes 0 No*
*Does the applicant have a Visa? Enter status: *Does the applicant have a Visa? Enter status:
I **Attach the finqerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission** I
ARREST RECORD: 0 Felony 0 Misdemeanor ARREST RECORD: 0 Felony 0 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 applic~nt intend to have dancing, entertainment, topless activity, or extended hours permit?
0 No ~es, complete LC-1636
Are gas pumps on the premises or directly adjacent? ~o 0 Yes, explain relationship:
I Section 3. LOCAL AND STATE CODES AND ORDINANCES, AND GENERAL RECOMMENDATIONS
Will the applicant's proposed location meet all a propriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ~s 0 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? M..Yes 0 No
2. Is the proposed location satisfactory for this business? ~Yes 0 No
3. Should the Commission grant this request? ~es 0 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)
Date
MUSKEGON POLICE DEPARTMENT
LC·1800 (Rev. 07/06) The Depar1ment of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436. 1217 and R 436.11 05; MAC national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc.• under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalt : No License
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 3,6"'56"'4'-'7_ __
lansing, Michigan 48909-7505
Business ID # 175792
LAW ENFORCEMENT RECOMMENDATION /CJ -;ct~oG;, rtnrf
[Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]
September 28, 2006
TO:
Re: DOWNTOWN PINNACLE PROPERTIES, 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.
D 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.
D OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays A.M. to A.M.
Sundays A.M. to A.M./P.M.
D Recommended D Recommended, subject to final inspection D Not Recommended
- ~ DANCE PERMIT
[til Recommended D Recommended, subject to final inspection D Not Recommended
/ ~ ENTERTAINMENT PERMIT
[tJ Recommended D Recommended, subject to fina! inspection D Not Recommended
D TOPLESS ACTIVITY PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
Law Enforcement Recommendation {Gont'd)
Page 2 J(p$' ~'-17
September 28, 2006
10 -;9 -o h -· ?2M
D OUTDOOR SERVICE
0 Recommended 0 Recommended, subject to final inspection 0 Not Recommended
D PARTICIPATION PERMIT
0 Recommended 0 Recommended, subject to final inspection 0 Not Recommended
D ADDITIONAL BAR PERMIT
0 Recommended 0 Recommended, subject to final inspection 0 Not Recommended
D OTHER
0 Recommended 0 Recommended, subject to final inspection 0 Not Recommended
Signed:
~ L . I~ f)~ "Zf-(.:)~. S¥"~
Signature and Title U U
/1
/-fN'f"t+ON'f (..._ , /<
t_(.!tAl.!;<2._1<...<...~
----------~-----------------------------
1F"""\
JIA.~c::.-ro- 01 c: ,/J
-v/1.'-<..~ ~'""' ~<..: -c-v
o....),-_ /
Print Name and Title
MUSKEGON POLICE DEPARTMENT
Date: _________________________________
LC-1636 (Rev. 08/2006) The Department or Labor & Economic Growth will not discrtminate against any individual or group because or race, sex. religion, age.
Authority: MCL 436.1916, R 436.1 105(2)(d) and national origin, color, marital status, disability, or political beliefs. If you need help with rea ding, 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
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 3 (, S 4:> c(7
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505 j{) -t9-a{;o J11U
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4))
September 28, 2006
MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID #: 365647
Applicant:
DOWNTOWN PINNACLE PROPERTIES, LLC REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS
C-SDM LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 446 W.
WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY, FROM SOUTHBOUND, INC.
Please make an investigation of the application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.
Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.
If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.
sfs
LC-1972{Rev. 09/05) The Department of Labor & Economic Growth will not discriminate against any individual or group because or race, sex, religion, age,
Authority: MCL436.1201{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 I
Michigan Department of Labor & Economic Growth 30S!JlLf7
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 I 0 -19 -o(, IH&\-
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4)]
September 28, 2006
MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID #: 365647
Applicant:
DOWNTOWN PINNACLE PROPERTIES, LLC REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS
C-SDM LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 446 W.
WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY, FROM SOUTHBOUND, INC.
Please make an investigation of the application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.
Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.
If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.
sfs
LC-1972(Rev. 09/05) The Depar!menl 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 !he Americans
Completion: Mandatory wlth Disabilities Act, you may make your needs known to this agency.
Penalty: No License I
LIQUOR LICENSE REVIE\V FORl\1
11 ;J.
Business~a~e: ~~~~~C~1-U~'l~7~0~«-I~O~~~~·~~~~zt~z-a~c~~~~~~~·~0~d~~~~~~-~-~~·~~L~L~C
AKA Business ~a me (if applicable): ~--1'-ffr
.~-~a. t.J. " "C+.t. ~.: ......u c..:.../i. _-,:;=s~~~~~----
Operator/Manager's ~arne: lf2; oa /r£ ;{ /lJa;/;. ~ /2 /J
Business Address:
i • ? tll/
Reason for Review:
~ew License D Transfer of Ownership D Dance Per~it D
Drop/Add ~arne on License D Transfer Location D
Drop/Add Stockholder ~a~e D ~ew Entertainment Permit D
Other ----~~~~~~---------------~~~----~~--------
Deadline for receipt of all information: --------------~-~-
Public Safety Approved D Denied D ~o 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:
Fire11nspections Approved ~Denied D Remaining Defects D
Departrnen t Signa ture---::ffJ;....__t---rt---..:;...._-f-..;;;..___;;;_____;:~--r-------~--
Piease return to tbe City Clerk's Offic
Gail A. Kundinger,
Liquor License Coordinator
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, Ml 49445
H(231 )750-461 0/8(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LIQUOR LICENSE REVIE\V FORl'1
AKA Business Name (if applicable): ----11-;£'-l.a.a...l..<..Cff~u.J. . .e-:. J.f. .;~:; ;;::_--------
Opera tor/Manager's Name.: ---'-do...J..I..I...t...O'-.!.Q.:I-twrA.f_..~..tf.L..;.'--'./l;~~-"'a:. .:/t
. :l. :/. ,~s~c"-=10:...:......_ __
Business Address: if& ul !d:sfer/7
tJJ/
Reason for Review:
New License D Transfer of Ownership 0 Dance Permit D
Drop/Add Name on License 0 Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: - - - - - - - - - - - - - -
Pubhc Safety Approved ~ Denied D No Action Needed D
Income Tax Approved 0 Owing D Amount:
Treasurer Approved 0 Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved 0 Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature '():= L . I~ /0 - 3 0 -0'-
Please retum to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Michigan Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, Ml49445
H(231 )750-461 0/8(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LIQUOR LICENSE REVIE\V FORl''l
;),
~~~~~~~?~~~~~J~ba~u=!~O~~~~~~~~~~z~a~c~~=c~~~~0~d~~~·I~,~~-·~~~=L-L~C
/)
BusinessName:
AKA Business Name (if applicable): --.fl-'/r~....~../()a....:C~{/t"'-
: ()
JlG-'-f=s:;_
. .o: · - - - - - - - -
Opera tor/Manager's Narne.: _ _..... ........_o.....-o...../......J....____._;{.._.__.;2Za'-'-'-
&"""'
· .. . . . ./; ..:...
> ...... 2 ~-~-
."'."';"""',. /l..;.../:......
Business Address: iJ:s.-fe~o
tll!
Reason for Review:
New License D Transfer of Ownership D 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 t Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing 0 Amount:
·Fire/Inspections Approved D Denied D Remaining Defects D
Please retum to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, Ml 49445
H(231 )750-461 O/B(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
\
LIQUOR LIJ NSE REVIEW FORM
BusinessName: ~~~~~~~?c~wko~l~~~u~~~~~~~~~auo~1c~l~c~-·-~~0~d~~~f~,~~~~~-~~-~L~C
1rAuC"'-'j-~UwC.-:.."<'-f-.:.-S
AKA Business Name (if applicable): --lf...l.tf....~..o ;;;:::___ _ _ _ _ _ __
Operator/Manager'sName.: tfaoa /d £ !l/aJ;.S /2/2
Business Address: i Yt ttl )/esfer/2
Ill!
Reason for Review:
New License D Transfer of Ownership D Dance Permit 0
Drop/Add Name on License D Transfer Location 0
Drop/Add Stockholder Name D New Entertainment Permit 0
Other ____~--~~-----------~----------------------
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied 0 No Action Needed 0
Income Tax Approved D Owing 0 Amount:
Treasurer Approved g/ Owing 0 Amount:
Zoning Approved D Denied 0 Pending ZBA 0
· Clerk's Approved D Owing 0 Amount:
·Fire/Inspections Approved 0 Denied 0 Remaining Defects 0
. DepartmentSignature ~loJrt>-b
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Michigan Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 365647
Lansing, Michigan 48909-7505
Business /D # 175792
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, Ml49445
H(231 )750-461 0/8(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LIQUOR LICENSE REVIE\V FORl'f
AKA Business Name (if applicable): ---~'-/.....fra-'l...lo<.cff.;+-1-'-u....c"""'i~-:--s.:;. _ __ _ __ _ _
Operator/Manager's Name.: _ _-~..l. .fa
LJ. ,.t.o
. _t-ia.a...L-/l.
tJ2!
Reason for Review:
New License D Transfer of Ownership D Dance Permit 0
Drop/Add Name on License 0 Transfer Location 0
Drop/Add Stockholder Name 0 New Entertainment Permit 0
Other
----- ------- - - - - - ----------------------
Deadline for receipt of all information: - - - - - -- - - - - - - - -
Public Safety Approved 0 Denied D No Action Needed D
Income Tax Approved 0 Owing D Amount:
Treasurer Approved D Owing D Amount:
-zoning 1 Approved ~ Denied D Pending ZBA 0
· Clerk's Approved 0 Owing 0 Amount:
·Fire/Inspections Approved 0 Denied D Remaining Defects 0
. Department Signature_=tA
~__;;,;=L
..............J
~-.....:.&
=~:;~
__·. . . ;-____
. ._ ·___________
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Michigarl Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, Ml 49445
H(231 )750-461 O/B(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LIQUOR LICENSE REVIE\V FORl\1
AKA Business Name (if applicable): ---/f-.;fr
.L. Ja.A~C.. ; f. .U:u. . .~.C. :/:. .f{.. ;.-~s~--------
Operator/Manager's Name_: &aa/r£ £ /l!aa~, SIJ/7
Business Address:
tl?l
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other ___ _ _ _ _ __ __ __ _ _ ________________ ___
Deadline for receipt of all information: - - -- ----------- -- - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's ' Approved D Owing D Amount:
-Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature____________________________
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501)
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, M149445
H(231 )750-461 0/8(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LIQUOR LICENSE REVIE\V FORl'1
Business Name: /ruzacl~
,1()woff7W!2 LL C
AKA Business Name (if applicable): _----~'-';lr
. .a. . . . c.....[*·.....u.....c'-'-f-.::.
""""c,_ _ _ _ _ _ __
Operator/Manager'sName.: Jbao lr.f. £ /llaJ.s/J/J
Business Address:
Reason for Review:
New License D Transfer of Ownership D 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 0 No Action Needed D
Income Tax Approved D Owing 0 Amount:
Treasurer Approved D Owing 0 Amount:
Zoning Approved D Denied 0 Pending ZBA 0
Clerk's Approved D Owing D Amount:
·Fire/Inspections Approved r/1~ Denied 0 Remaining Defects D
Department Signature ~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Michigan Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, Ml49445
H(231 )750-461 O/B(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
Michigan Department of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Request ID # 365647
Lansing, Michigan 48909-7505
Business ID # 175792
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
September 28, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: DOWNTOWN PINNACLE PROPERTIES, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
RONALD R. MADISON, 2105 LAKE AVENUE, NORTH MUSKEGON, Ml 49445
H(231 )750-461 0/8(231 )726-4007
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)
366-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
Request ID # ...
. 30$ {o'-i 7
RESOLUTION
At a ------,=-____,---,,...---..,.-=---- meeting of the ---c=--.,..,...--=---,--=-~=--=--,.,.-
(Regular or Special) (Township Boartl, City or Village Council)
called to order by _ _ _ _ _ _ _ _ _ _ on _ _ _ _ _ _ _ _ _ at _ _ _ __ P.M.
The following resolution was offered:
Movedby _ _ _ _ _ _ _ _ _ _ _ _ andsupportedby _ _ _ _ _ _ _ _ _ _ _ _ __
That the request to TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH
DANCE-ENTERTAINMENT PERMIT, LOCATED AT 446 W. WESTERN, MUSKEGON, Ml49440,
MUSKEGON COUNTY, FROM SOUTHBOUND, INC. TO DOWNTOWN PINNACLE PROPERTIES,
LLC.
beconsideredfor _ _ _ _ _ _ _ _ _~=--~-~---~-------------
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: _ _ _ _ _ _ _ _ _ __ Yeas: _ _ _ _ _ _ _ _ _ ___
Nays: _ _ _ _ _ _ _ _ ___ Nays: _ _ _ _ _ _ _ _ ____
Absent: _ _ _ _ _ _ _ _ __
Absent:---------
It is the consensus of this legislative body that the application be:
----------,=-----,-~----,~~---~~----------for issuance
(Recommended or Not Recommended)
State of Michigan _ _ _ __
County of _ _ _ _ _ ___
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the at a -----::::---:---:::---:-;c:-----
(Township Board, City or Village Council) (Regular or Special)
meeting held on ---=-:-=---
(Date)
(Signed)=---:-:---:::::---:-::-:-:--:::-:--:-:----
(Township, City or Village Clerk)
SEAL
(Mailing address of Township, City or Village)
The Department of labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
national origin, color, marital status, disability, or po1ilical beliefs. If you need help with reading, writing, hearing, etc., under the Americans
with Disabilities Act, you may make your needs known to this agency.
Affirmative Action
(231)724·6703
FAX: (231)722·1214
Anessor/Equallzatlon
(231)724·6708
FAX: (231)726-5181
Cemetery Department
(231 )724-6783
FAX: (231)726-5617
Clty Manager
(231 )724·6724 West Miehigan's Shoreline L'it.y
FAX: (231)722·1214
Civil Service
(231)724-6716
FAX: (231)7244405
Clerk
(231)724·6705
FAX: (231)7244178
November 9, 2006
Community and
Neigh. Services
(231)724·6717
FAX: (231)726-2501
Mr. Ronald R. Madison
Computer Info.
Systems
2105 Lake Avenue
(231)724·6744 North Muskegon, MI 49445
FAX: (231)7224301
Engineering Dept, Dear Mr. Madison:
(231)724-6707
FAX: (231)727-6904
This letter is to inform you that your request to transfer ownership of the Class C
Finance Dept.
(231)724-6713 licensed business with dance-entertainment permit, located at 446 W. Western,
FAX: (231)724-6768
from Southbound, Inc., will be presented to the City Commission on November
Fire Department 14,2006. This meeting begins at 5:30p.m. and is located in the City Commission
(231 )724-6792
FAX: (231)724-6985
Chambers, 933 Terrace, Muskegon, MI.
Income Tax
(231)724-6770 This request has also been sent to the Nelson Neighborhood Association for their
FAX: (231)724-6768 comments. It is Commission practice to let the Neighborhood Association know
Inspection Services of any liquor license requests that are located within their boundaries. This allows
(231)724-6715
FAX: (231)7284371
for comments from the people who live there and not just from the owners of the
business' who are located there.
Leisure Services
(231)724-6704
FAX: (231)724-1196 Sincerely,
Mayor's Office
(231 )724-6701
FAX: (231)722-1214
Planning/Zoning
(231)724-6702
Linda Potter
FAX: (231)724-6790 Acting Clerk
Pollee Deptarlmenl
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)7244100
FAX: (231)7224188
Treasurer's Office
(231 }724-6720
FAX: (231)724-6768
Water DUling Dept.
(231}724-6718
FAX: (231)724-6768
Water Filtration
(231)7244106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
www.shorelinecity.com
Affi<
(231 IIlii ~ompleteitems 1, 2, and 3. Also complete
FAX Item 4 if Restricted Delivery is desired.---
R!I Print your name and address on the reverse
A sse so that we can return the card to you.
(231; JIU Attach this card to the back of the mailpiece,
FAX or on the front if space permits.
1. Article Addressed to:
Cem1
(231)
L'Buor tonfro/ f!otn~'"·"",'o ,_,
FAX:
NOV 1 '1 ?00 6
Cltyl 7 ;s-o f/arris
(231)
FAX:
(Jo. '!3ox Jooos'
Clvll!
(231)'.
FAX: La~s;1f 1 PJI '/J'liJJ-75'05
Novemb~15 2'~z.IA~rt~;cr;eNNtu;m~be;r--------~7~0~0~6~0~1~0~0=-~o~0~0~4~8~3~4~0~~7~0~1~5~~----~~----
Clerk
(231)7:t4-0'/11:5
FAX: (231)724-4178 , (Transfer from service
Community nnd PS Form 3811 , February 2004 Domestic Return Receipt 102595-02-M-1540 I
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Liquor Control Commission
Computer Info.
Systems 7150 Harris
(231)724-6744
FAX: (231)722-4301
PO Box30005
Lansing, MI 48909-7505
Engineering De pl.
(231 )714-6707
FAX: (231)727-6904 REF: Req ID #365647
Finance Dept.
Downtown Pinnacle Properties, LLC
(231)724-6713 446 W. Western Avenue
FAX: (231)724-6768
Muskegon, MI 49440
Fire Department
(231)724-6792
FAX: (231)724-6985 To Whom It May Concern:
Income Tax
(23 I )724-6770 Enclosed is the Resolution, Form LC-1800, Law Enforcement Recommendation,
FAX: (231)724-6768
print card and check for Downtown Pinnacle Properties, LLC. This was
Inspection Services recommended for approval by the City Commission at their November 14, 2006,
(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: (131)724-1196
Mayor's Office Sincerely,
(231)724-6701
FAX: (231)722-1214
Planning/Zoning
(231)724-6702
FAX: (231)724-{)790
Linda Potter
Pollee Deptartment Acting Clerk
(231)714-6750
FAX: (231)722-5140
Public Works Dept.
enc.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(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
lvww.shorelinecity.corn
Date: November 14, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Liquor License Transfer Request
H & J, Inc., 939 E. Laketon
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Sung Jung to transfer
ownership of the SDM licensed business located at 939 E. Laketon fran
H & J, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
RID: 278720
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2006-9l(c)
Ata Regular meetingofthe City Commission
------,
(R::-
eg-,ul-ar-or-=-Spcc-,"""'
·al ) , - - - - - - - - - (Township Board, City or Village Council)
called to order by Mayor Warmington on November 14, 2006 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Carter and supported by Vice Mayor Gawron
That the request from sung Mi Jung to transfer ownership of 2004 SDM 1 icensed
business from H & J, Inc., 939 E. Laketon, Muskegon, MI 49442,
Muskegon County
be considered for Approva 1
--------~~---(~Ap~pr~~~~o-:r~Di-
s~-pro-:v~7.)-----------------------------
APPROVAL DISAPPROVAL
Yeas: 6 Yeas:
------------------- ---------------
Nays: ______o________________ Nays: ____________________
Absent: 1 Absent:
---~----------- ----- ---------
It is the consensus of this legislative body that the application be:
Recommended for issuance
--------------~~~(R~~-om-~-n~ded~o-rn-
ot-=-R~-o-m~-n~de~d)---------------------------
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 Regular
(Township Board, City or Village Council) ---~~-~(R
::-eg~ul~ar-
or~Spcc~ial),------------
meeting held on November 1 4 , . 2 0 0 6 •
(Date)
SEAL (Signed) ~ zft6-a
(Township, City of Village Ocrk)
933 Terrac e , Muskegon, MI 49440
(Mailing address of Town ship, City of Vill age)
I ;J78 7 ,;J CJ
l STATEOFMICH1GAN 3-lf'·~,.
POLICE IN;3PECTION REPORT ON LI~R LICENSE REQUEST LIQb-dR CONTROL COMMISSION ';11-flf
j (Aulhorized by MCL436.1217)
DEPARTMENT OF LABOR & ECONOMIC GROWTH ,
<
I
tkw I DAVID C. HOLLISTER, DIRECTOR
(,'
RID: 2/;J~720
lmportallt: Please conduct your investigation as soon as possible and complete all four sections of this repor·;.
)1 Return the completed report and fingerprint cards to the Commission. ',
BUSINES~: NAME AND ADDRESS: (include zip code) Sung Mi Jung
939 E Lak<~ton, Muskegon, Ml 49442, Muskegon County
).
<
REQUEST/FOR: transfer ownership of 2004 SDM licensed business from H & J, Inc.
f,
.uof F/J..JOtfR Pa:.1.vrs N~t:.D~-D>.
-:S~e;:;:;ct~io;:;;n~1~.1:::-!.-::-:------------=..:AP=-:..P=LI:..::C::..AN=-;.:T~IN::::F:=:O::;.:R::::M:::-A=::::T::-:I:;:::O:.:..:N:....___ _ _ __ _______ ·=:=J
APPLICANiT #1: APPLICANT #2:
Sung Mi J~1ng
,I
),
HOME ADDlRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
6904 Wild\Vood
Fruitport, ~11 49415
Telephone:;. (231) 865-7471
~~=-~~)~~~~~~--~--------------------~~==-=~~~------------------------------· ----=
DATE OF (\IRTH: 6_ ~ 7 ~ {;"5 DATE OF BIRTH: _i;
If the applic(~mt
,. is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
Does ~l,1e applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien stat1~s?
0 0
J'JYes D No D Yes D No '
Does ~he applicant have a Visa? Enter status:
0 0
Does the applicant have a Visa? Enter status:
I;.
1
Date finc terprinted: Date fingerprinted:
Atta~h the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. ;=:J
ARREST RECORD: D Felony 0 Misdemeanor ARREST RECORD: D Felony D Misdemeanor ~
Enter reco~:l of all arrests & convictions (attach a signed and dated
Enter record of all arrests & convictions (attach a signed and dai3d
report if more;,~pace is needed) report if more space is needed) ·
~S~e_c_t_io_n~2TJ;~~~77~--~--~~'n~v~e~s~ti~g~a7ti~o~n~o~f~B~u~s~i~n~e~s~s~a~n~d~A~d~d~re~ss~t~o~b~e~L~ic~e~n~s~ed~-------------------:~
Does appli<:~nt intend to have dancing or entertainment?
~ No [~~ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
I•
Are gas pu(nps on the premises or directly adjacent? I;Xl No D Yes, explain relationship:
t
(
Section 3.J, Local and State Codes and Ordinances, and General Recommendations ·:::::=J
Will the apt\licanfs proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health :~aws
and ordinar,ces, if this license is granted? .JQ_Yes D No .;
I· .
If you are r1:~mrnending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is nf:. ~
I
\
!:
4-:/';---:-:----:-:--------------------------..:.R~eco:...::..:::..:.m~m=e~n=-=d:.::a:.::ti:.::o~n'---------------------------------':==J
-;S=-e_c_t_io_n__
From your l_lwestigation:
1. Is this~ ~pplicant qualified to conduct this business if licensed? 121 Yes D No
2. Is the rproposed location satisfactory for this business? (&1 Yes 0 No
3. Shoul(il the Commission grant this request? 1ZJ Yes D No ·
4. If any \9f the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed) '
tl '
i·l
I
<-+ - 8--o~-;
l· Signa re (Shenff or Chref of Pollee) Date
jl
Muskegon Police Department
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 04-1-05
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 Sung Jung of939 E. Laketon
Street, Muskegon, MI. 49441.
Sung Jung is requesting to transfer ownership of2004 SDM licensed business located at
939 E. Laketon, Muskegon, MI 49442 from J&J Inc. Sung Jung has had no experience in
the alcohol service industry but has been made aware of the Muskegon Police
Departments position on enforcing local alcohol laws and ordinances.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
>r:~~
Det. Km;tDykman )
data!common/liquor/Jung
~ffirmatlve Action
(231)714-67&3
FAK: (231)722-1214
AssessorfEquallzatlon
(231)724-6708
FAX' (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231 )724-6724
FAX: (231)722-1214
ClvU Service
(231)724-6716
FAX: (231)724-4405 November 9, 2006
Clerk
(231 )724-6705
FAX: (231)724-4178
Community and
Neigh. Services Ms. Jacqueline Vines, President
(231)724-6717 East Muskegon Neighborhood Alliance
FAX: (231)726-2501
1335 Amity
Computer Info,
Systems
Muskegon, MI 49442
(231 )724-6744
FAX: (231)722-4301
Dear Ms. Vines:
Engineering Dept,
(231)724-6707
FAX: (231)727-6904 We have received a letter from the Liquor Control Commission reference a
request from Sung Jung to transfer ownership of the SDM licensed business
Finance Dept.
(231)724-6713 located at 939 E. Laketon. A SDM license permits the sale of beer and wine for
FAX: (231)724-6768
consumption off the premises only. On Tuesday, November 14, 2006, the City
Fire Department Commission will review this request and determine whether or not it should be
(231)724-6792
FAX: (231)724-6985 recommended for approval.
Income Tax
(231 )724-6770 You are being sent this notice because the City Commission would like to know
FAX: (231)724-6768 how the Neighborhood Association feels and would appreciate any comments that
Inspection Services they may have. You may send these comments to 933 Terrace, Muskegon, MI
{231)724-6715
FAX: (231)728-4371
49440 or attend the City Commission Meeting on November 14, 2006, at 5:30
p.m. in the Commission Chambers.
Leisure Services
(231 )724-6704
FAX: (231)724-1196 If you have any questions, please feel free to contact me at 724-6705.
Mayor's Office
(231 )724-6701
FAX: (231)722-lll4
Sincerely,
Planning/Zoning
(231)724-6702
FAX: {231)724-6790
Pollee Deplartment Linda Potter
(231)724-6750 Acting Clerk
FAX: {231)722-5140
PubUc Works Dept.
(231)724-4100
FAX: (131)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Flllratlon
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Amrmatlve Acllon
(231)724-6703
FAX: (231)722-1214
Assessor/Equalization
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724 Wt>lt Michigan's Shoreline Cit)'
FAX: (231)722-1214
Civil Senice
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178
November 9, 2006
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501
SungMi Jung
Computer Info.
Systems
6904 Wildwood
(231)724-6744 Fruitport, MI 49415
FAX: (231)722-4301
Engineering Dept Dear Sung Mi Jung:
(231)724-6707
FAX: (231)727-6904
This letter is to inform you that your request to transfer the SDM licensed
Finance Depl.
(231)724-6713 business from H & J, Inc., 939 E. Laketon will be presented to the City
FAX: (231)724-6768 Commission on November 14, 2006. This meeting begins at 5:30p.m. and is
Ftre Department located in the City Commission Chambers, 933 Terrace, Muskegon, MI.
(231)724-6792
FAX: (231)724-6985
This request has also been sent to the East Muskegon Neighborhood Association
Income Tal:
(231 )724-6170 for their comments. It is Commission practice to let the Neighborhood
FAX: (231)724-6768 Association know of any liquor license requests that are located within their
lnspeclion Services boundaries. This allows for comments from the people who live there and not
(231)724-6715
FAX: (231)7l8-4371
just from the owners of the business' who are located there.
Leisure Service~
(231)724-6704
Sincerely,
FAX: (231)724-1196
Mayor's Office
(231)724-6701
FAX: (231)722-1214
Linda Potter
Planning/Zoning
(231)724-6702
Acting Clerk
FAX: (231)724--6790
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Offite
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(23] )724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, Ml 49443-0536
www.shorelinecity.com
Affirmallve At!lon
(2J1)724-6703
FAX: {231)722-1214
As sessor/Equ allzallon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: {231)726-5617
City Manager
(231)724-6724 WcsL Michigan's Shoreline City
FAX: {231)722-1214
Civil Service
{231)724-6716 October 30, 2006
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: {231)724-4178
Sung Mi Jung
Community and
N elgh. Services
6904 Wildwood
(231)724-6717 Fruitport, MI 49415
FAX: (231)726-2501
Computer Info.
Systems
Dear Sung Mi Jung:
(23 I )724-6744
FAX: (231)722-4301
This letter is in reference to your request for a transfer of ownership of the SDM
Engineering Dept. licensed business from H & J, Inc., 939 E. Laketon. I still have not received the
(23 1)724-6707
FAX: (231)727-6904 $250 transfer fee. There is also money owed the City Treasurer for a water bill,
and we need a copy of the occupancy permit. Please respond by November 9,
Finance Dept.
(231)724-6713 2006, so I can contact the State Liquor Control Commission.
FAX: (231)724-6768
Fire Department Sincerely,
(23 I )724-6792
FAX: (231)724-6985
Income Tax
(231)724-6770
FAX: {231)724-6768 Linda Potter
Inspection Services
{231)724-6715
FAX: (231)728-4371
Acting City Clerk
aJ~-\tV Pi \(
c: Attorney Harold Hermanson
Leisure Services
(231)724-6704
FAX: (231)724-1196
\1l .@_
Mayor's Office
{231)724-6701
FAX: (231)722-1214
uWtd \O·~o· ~
Planning/Zoning
(231 )724-6702
FAX: {231)724-6790
Pollee Deptartmcnt
{231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231 )724-41 00
FAX: (231)722-4188
Treasurer's Office
(23 1 )724-6720
FAX: (231)724-6768
Water Billing Dept.
(23 1)724-6718
FAX: (231 )724-6768
Water Flltrallon
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
STATE OF MICHIGAN
JENNIFER M. LIQUOR CONTROL COMMISSION NIDA R. SAMONA
GRANHOLM DEPARTMENT OF LABOR & ECONOMIC GROWTH CHAIRPERSON
GOVERNOR
DAVID C. HOLLISTER, DIRECTOR
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
February 14, 2005
Muskegon Police Department
Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536 Request ID # 278720
Chief Law Enforcement Officer
Applicant: Sung Mi Jung, requests transfer ownership of 2004 SDM licensed business
located at 939 E Laketon, Muskegon, Ml 49442, Muskegon County from H & J, Inc.
Attorney: Harold Hermanson, 880 First, Ste 201, Muskegon, Ml 49440; (231) 727-8058
Please make an investigation of this application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, 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 and recommendations of the applicant to the Licensing Division.
(na) Please include fingerprint card(s) and $30.00 for each card, and mail to the Michigan
Liquor Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400.
tkw
LC-1972 Rev 01/02
4880-1658
7150 HARRIS DRIVE • P.O. BOX 30005 • LANSING, MICHIGAN 48909-7505
www.michigan.gov • (517) 322-1400• FAX (517) 322-6137
JENNIFER M. NIDA R.SAMONA
GRANHOLM CHAIRPERSON
STATE OF MICHIGAN
GOVERNOR LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
February 14, 2005
Muskegon City Commission Request ID # 278720
Attn: Clerk
933 Terrace
PO Box 536
Muskegon Ml 49443
The Liquor Control Commission has received an application from: Sung Mi Jung, requesting transfer 2004 SDM
licensed business located at 939 E Laketon, Muskegon, Ml 49442, Muskegon County from H & J, Inc.
Applicant: Sung Mi Jung, 6904 Wildwood, Fruitport, Ml49415; (231) 865-7471
Attorney: Harold Hermanson, 880 First, Ste 201, Muskegon, Ml49440; (231) 727-8058
SpeCially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the premises
only. Specially Designated Distributor (SOD) licenses permit the sale of alcoholic liquor, other than beer and wine
under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law enforcement agency
and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-premise
licenses, the local governing body, or its designee, may notify the Commission within 15 days of receipt of this
letter if the applicant location will not be in compliance with all appropriate state and local building, plumbing,
zoning, fire, sanitation and health laws and ordinances, or if the applicant is considered ineligible due to other
factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances applicable in this
case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
LC-3104 Rev. 6/90
4880-2068
tkw
Michigan Liquor Control Commission
7150 Harris Drive· P.O. Box 30005 • Lansing, Michigan 48909~7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
Affinnative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (23 1)726-5617
Weat Midtigan's Shoreline City
City Manager www.shorellneclty.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk July 15, 2005
(231 )724-6705
FAX (231 )724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 SungMi Jung
6904 Wildwood
Engineering
(231 )724-6707 Fruitport, MI 49415
FAX (231)727-6904
Finance Dear Sung Mi Jung:
(231)724-6713
FAX (231)724-6768
I will be presenting your request for a transfer of ownership of the 2004 SDM
Fire Department
(231)724-6792 licensed business from H & J, Inc., 939 E. Laketon, to the City Commission for
FAX (231)724-6985 their recommendation. At this time, the Fire Department is recommending denial
Income Tax due to remaining defects, there is a small balance owed to the City Treasurer, and
(231)724-6770 the $250 transfer fee has not been received.
FAX (231)724-6768
Info. Technology If you have any questions, please call me at 724-6915.
(231)724-4126
FAX (231)722-4301
Inspection Services Thank you,
(231)724-6715
FAX (231)728-4371
Leisure Services
(231)724-6704
FAX (231)724-1196 Linda Potter
Mayor's Office
Deputy Clerk
(231 )724-670 I
FAX (231)722-1214
cc: Attorney Harold Hermanson
Planning/Zoning
(231 )724-6702
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231 )724-41 00
FAX (231)722-4188
Treasurer
(231 )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(23 I )724-41 06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
http://www.shorelinecity.com
LIQUOR LICENSE REVIEW FORM
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: _ _ _;,.,5~U:L.v'-"'12.
/Repair or replace exposed wiring ~.4 . , , poe/!.
o · E.tit blsel1Lv--
Metropolitan Title Company
America:r Premier Title Agency File Number: 209231
OWNER'S AFFIDAVIT /COMPLIANCE AGREEMENT
File Number: 209231 Forwarding Address:
Date: December 13, 2006
Reference: Sykes 1
Property Address: 1361 Albert Avenue, Muskegon, MI 49442
{To be executed by all parties shown as vested owners in the commitment for title insurance.)
Affiant makes the representations contained herein to induce the purchaser to consummate the transaction referenced in the
commitment, to obtain the proceeds of the sale, and to induce Metropolitan Title Company to issue a policy(s) of title insurance
on behalf of the undeiWriter named In the commitment. Affiant further agrees that in the event it is determined there are unpaid
charges which were due and payable prior to and Including the date of closing, and which are the responsibility and obligation of
the Affiant, that the Affiant shall pay any and all amounts so charged and shall provide proof of payment of same to Metropolitan
Title Company. Affiant further agrees and covenants, if requested by Metropolitan Title Company, to fully cooperate and adjust
for clerical errors in any closing documents, including but not limited to, repayment of any overpayments and executing duplicate
closing documents.
The undersigned, being first duly sworn, deposes and says as follows:
1. That Affiant is 113 years of age or older, is a citizen of the United States, has not married or divorced since
purchasing the real estate, and has not used or been known by any other name;
2. That Affiant is the owner of certain premises described in Commitment No. 209231, and has not filed, nor is
subject to any bankruptcy, receivership, or insolvency proceedings;
3. That the Affiant is in the possession of said property and there are no other parties in possession or claiming
rights of possession; (NONE, unless noted)
4. That Affiant has no knowledge of any unrecorded water, mineral, gas or oil rights unrecorded easements or
claims of easements, boundary line disputes or claims of such grants or rights relative thereto; (NONE, unless
noted)
5. That there are no proceedings instituted or undertaken by anyone which will result in a lien or special
assessment upon the premises. There are no delinquent taxes, special assessments1 (Including but not limited
to any Barrett Law Assessments if property is located in the State of Indiana), water bills, sewer bills and
assessments, weed cutting bills, board-up fees, tap-in fees, utility bills, or Homeowner's Association fees
covering subject property; (NONE, unless noted)
6. That there have been no improvements made nor labor or materials furnished to the premises within the last 90
days; (NONE, unless noted)
7. That Affiant has no knowledge of any other matters affecting the title including but not limited to: mortgages,
liens, land contracts, options or other encumbrances other than those which are being paid from the loan
proceeds. (NONE, unless noted)
Subscri d and sworn to before me this December 13, 2006. Vested owner(s):
otary Public:
~ rum~~n cri
Notary County/State·/ V. ANDERSON
county Acting In: • Notary Public, Muskegon county Ml
My Commissiion Expires 11-15·2013
Commission Expires: Aating In Muskegon county
Metropolitan Title Company
Amer/aJ 's Premier 7itle Agency File Number: 209231
OWNER'S AFFIDAVIT/COMPLIANCE AGREEMENT- continued
{To be executed by the Purchasers)
The undersigned makes the representations contained herein to induce Metropolitan Title Company to issue a policy(s) of title
insurance on behalf of the underwriter named in the commitment. The undersigned further agrees that In the event it is
determined there are unpaid charges which were due and payable prior to and Including the date of closing, and which are the
responsibility and obligation of the undersigned, that the undersigned shall pay any and all amounts so charged and shall provide
proof of payment of same to Metropolitan Title Company .
The undersigned further agrees and covenants, If requested by Metropolitan Title Company, to fully cooperate and adjust for
clerical errors in any closing documents, including but not limited to, repayment of any overpayments and executing duplicate
closing documents.
The undersigned further certify that they are 18 years of age or older.
and sworn to before me this December 13, 2006. Purchaser(s): ·~
·~. 1 ())j_vL 5 V'
Notary Public: V. ANDERSON
Notary County/State: ~otary Public, Muskegon Counly, Ml
County Acting In: yCommlssnon Expires 11-15·2013
Commission Expires; Acting In Muskegon Couniy
Metropolitan Title Company
AmericLJ 's Premier Title Agency File Number: 209231
NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS
We want you to know that the privacy and confidentiality of your personal Information is very important to Metropolitan
Title Company . We value your business and we want to retain your trust. In the course of providing products and
services to you, we may obtain nonpubllc personal information about you. We are required by law to provide you with
this notice in order to inform you how Metropolitan Title Company collects, uses and safeguards your non public personal
Information. This notice also tells you how you can limit our disclosure of personal information about you.
What Information Do We Collect
We may obtain nonpubllc personal Information about you from the following sources:
• Information we receive from you from applications or other forms;
• Information about your transaction with us from our files or from our affiliates;
• Information about your transaction with nonaffiliated third parties such as your real estate agent or lender;
The Information we obtain includes, but is not limited to, your name, address, social security number, employer, income,
account information from financial institutions, parties to a transaction and credit card usage.
What Information Do We Disclose
To meet your needs with quality products and sef'tlices we may disclose any of the above information that we collect
about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law.
AFFILIATES
Our affiliates are the family of companies controlled by Metropolitan Title Company or under common control with
another company. We may share the types of information described above, as permitted by law, with our affiliates for
purposes of marketing or market research.
NON-AFFILIATES
Nonaffiliated third parties are those not part of the family of companies controlled by Metropolitan Title Company or not
under common control with another company.
Service Providers. Contractors
Any service providers or contractors used by Metropolitan Title Company are required to follow the terms of our Privacy
Policy. Access to your nonpublic personal information by a service provider or contractor is restricted to the purpose for
which they have been retained by Metropolitan Title Company •
Joint Marketing
We may disclose your personal information to a nonaffiliated third party that we have an agreement with to perform joint
marketing of products or services that we feel may interest you.
Other Non-Affiliates
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
METROPOLITAN TITLE COMPANY DOES NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT THEIR
CUSTOMERS OR FORMER CUSTOMERS EXCEPT, AS PERMmED OR REQUIRED BY LAW.
The Confidentiality and Security of Your Nonpublic Personal Information
Metropolitan Title Company restricts the access to your nonpublic personal information to those employees who need to
know the information in order to provide products and/or services to you. Our employees are required to maintain the
confidentiality and privacy of our customers. We maintain physical, electronic and procedural safeguards that comply
with federal regulations to guard your nonpublic personal information.
Changes to this policy
We may amend this policy at any time, and we will inform you of any changes as required by law.
Your Privacy Choices
The law allows us to share with our affiliates your personal information and Information about our transactions or
experiences with you. The law also allows us to share your personal information with our contractors and service
providers.
If you prefer that we not disclose Information about you to nonaffiliated third parties, you may direct us not to share this
information by calling the Corporate Office at 1-800-848-5375 or by writing to us at 622 East Grand River, Howell,
Michigan 48843. Please provide your name, address including city and state of the property and our file number.
Metropolitan Title Company
America~ Premier TtUe Agency File Number: 209231
CLOSING AGREEMENT
File Number: 209231
Date: December 13, 2006
Property Address: 1361 Albert Avenue, Muskegon, MI 49442
It is agreed, between the. rurcrriJs( and Seller(s) of this property that all contingencies and addendums to the Offer to
Purchase thereto, dated I -I · tJ have been met or are hereby resolved or removed to the satisfaction of the
parties concerned.
Purchaser(s) understand and acknowledged that he/she/they are buying the property in an "As Is" condition and that
neither the Seller(s) nor Realtor(s) make any warranties as to the land and structure purchased or the condition.
Seller(s): Purchaser(s):
~>~
Metropolitan Title Company
America's Premier TiUe Agency File Number: 209231
Michigan Department of Treasury L·4260
2766 (Rev. 1·06)
This form issued under a11thority of
PROPERTY TRANSFER AFFIDAVIT P.A 415 of1994. Filing Is mandatory.
This form must be filed whenever real estate or some types of personal property are transferred (even if you are not recording a deed).
It is used by the assessor to ensure the property Is assessed properly and receives the correct taxable value. It must be filed by the
new owner with the assessor for the city or township where the property is located within 45 days of the transfer. If it is not filed
timely, a penalty of $5/day (maximum $200) applies. The Information on this form is NOT CONFIDENTIAL
1. Street Address of Property
1361 Albert Avenue Muskeaon. MI 49442
/2. county r-4•.-o"'a"'te-o-.f"'T"ra=-n"'sf'""er'"'('"'or'"'l"'"an'"'d;-:coc:-n:;:tra=ct"'w"'a"'s7si:::gn:-e:;:d);--,
December 13 2006
Muskeaon
3. City[Township/Village of Reol Estate .JV i , Notary Public
Parmenter O'Toole Acting in the County of Muskegon, MI
601 Terrace StreetiP.O. Box 786 Muskegon County, Michigan
Muskegon,MI49443c0786 My Comm. Expires: bS " I '!. · .;;,o I ";).__
Telephone: 231/722-1621
Commission Meeting Date: October 24, 2006
Date: October 13, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (]!;G.-
RE: Zoning Ordinance Amendment - Planning Commission
Notice Mailing Area
SUMMARY OF REQUEST:
Request to amend Section 2405 (Petitions, Fees, paragraph #2) of Article XXN (Administration
and Enforcement) regarding the 300 foot notice mailing area for Planning Commission public
hearings.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the language for Planning
Commission public hearing notices.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 10/12 meeting. The
vote was unanimous with T. Harryman, S. Warmington, and J. Aslakson absent.
10/13/2006
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 12, 2006
Hearing; Case 2006-47: Staff initiated request to amend the Section 2405 (Petitions,
Fees, paragraph #2) of Article XXIV, Administration and Enforcement, to meet the
requirements of the Michigan Zoning Enabling Act, Act 110 of 2006 regarding Planning
Commission public notice mailings.
BACKGROUND
Earlier this year the Michigan Zoniog Enabliog Act of2006 was passed. In order to briog our
zoniog ordinance into compliance with this Act, some amendments must be made. This case,
and the two that follow, are a result of this Act. Other changes will be comiog forward at
future meetings.
This particular amendment requires notifications of requests to be send to residents as well as
owners of property within 300 feet of the subject property in question. Although our present
ordioance only requires a 200 foot notice area, zoniog staff has been notifYing all those
properties within 300 feet for several years. This is just a correction of our ordinance language
to bring the zoning ordinance into compliance with the Act.
NEW LANGUAGE
Deletions are erossea eHt and additions are in bold.
The Planning Commission shall hold a public heariog after notice, published in a newspaper
of general circulation, and by mail or personal service to all owners and residents of property
within twe three hundred (;600) (300) feet of the property. Such notice shall be served as
required fifteen (15) days prior to the hearing.
DELIBERATION
I move that the amendment to Section 2405, paragraph #2, of Article XXIV,
(Administration and Enforcement), of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2206
An ordinance to amend Section 2405 (Petitions, Fees, paragraph #2) of Article XXIV
(Administration and Enforcement) regarding the 300 foot mailing notice area
requirement for Planning Commission public hearings.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2405 (Petitions, Fees, paragraph #2) of Article XXN (Administration and
Enforcement) is amended regarding the 300 foot notice mailing area requirement for Planning
Commission public hearings, as follows:
Changes to Section 2405, (paragraph #2): Administration and Enforcement
The Planning Commission shall hold a public hearing after notice, published in a newspaper
of general circulation, and by mail or personal service to all owners and residents of property
within three hundred (300) feet of the property. Such notice shall be served as required fifteen
(15) days prior to the hearing.
This ordinance adopted:
Ayes:Spataro, Warmington, Wierenga, Carter, Gawron, and Shepherd
Nayes:...;.N=o=n=e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: November 14, 2006
EffectiveDate: November 28, 2006
First Reading: October 24, 2006
SecondReading: November 14, 2006
CITY OF MUSKEGON
By: dffuia ,eO_ -&lu
Linda S. Potter, CMC, Acting City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
14th of November 2006, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: November 14 ' 2006.
Linda S. Potter, CMC
Acting Clerk, City ofMuskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that onN::II!ati:Er 1'\ 2006, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2405 (Petitions, Fees, paragraph #2) of Article XXN (Administration
and Enforcement) regarding the 300 foot public notice mailing area for Planning Commission public
hearings.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published November 18 ,2006 CITY OF MUSKEGON
By __~~~---=~-------
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Commission Meeting Date: October 24, 2006
Date: October 13, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJPJ-
RE: Zoning Ordinance Amendment- Aggrieved Parties Language
SUMMARY OF REQUEST:
Request to amend Section 2503 (Appeals, Applications, Filing Procedure and Fees, paragraph
#1) of Article XXV (Zoning Board of Appeals) regarding "aggrieved parties" language.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the language for "aggtieved
parties".
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 10/12 meeting. The
vote was unanimous with T. Harryman, S. Warmington, and J. Aslakson absent.
10/13/2006
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 12, 2006
Hearing; Case 2006-48: Staff initiated request to amend Section 2503 (Appeals,
Applications, Filing Procedure and Fees, paragraph #1) of Article XXV (Zoning Board of
Appeals) to meet the requirements of the Michigan Zoning Enabling Act, Act 110 of
2006 regarding "aggrieved parties" language.
BACKGROUND
Once again, this is a amendment to our zoning ordinance so it meets the requirements of the
new Michigan Zoning Enabling Act of2006. It was reworded somewhat so the sentence
makes sense. We must clarify the language to address "aggrieved parties" rather than
"affected" parties.
NEW LANGUAGE
Deletions are eresseEl eHt and additions are in bold.
An application or appeal to the ZBA in cases in which it has original jurisdiction under the
provisions of this ordinance or state law, may be taken by any aggrieved parties, including,
propetty owner or tenant, or by a governmental office, department, board or bureau affueted.
Such application or appeal shall be filed with the Zoning Administrator, who shall transmit the
same, together with all the plans, specifications and other papers pertaining to the application,
to theZBA.
DELIBERATION
I move that the amendment to Section 2503, paragraph #1, of Article XXV, (Zoning Board of
Appeals), of the City of Muskegon Zoning Ordinance, be recommended to the City
Commission for (approvaVdenial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 2 0 7
An ordinance to amend Section 2503 (Appeals, Applications, Filing Procedure and Fees,
paragraph #1) of Article XXV (Zoning Board of Appeals) regarding "aggrieved pa11ies"
language.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2503 (Appeals, Applications, Filing Procedure and Fees, paragraph #1) of Article
XXV (Zoning Board of Appeals) is amended regarding "aggrieved parties" language, as
follows:
Changes to Section 2503, (paragraph #1): Zoning Board of Appeals
An application or appeal to the ZBA in cases in which it has original jurisdiction under the
provisions of this ordinance or state law, may be taken by any aggrieved parties, including,
property owner or tenant, or by a governmental office, department, board or bureau. Such
application or appeal shall be filed with the Zoning Administrator, who shall transmit the
same, together with all the plans, specifications and other papers pertaining to the application,
to theZBA.
This ordinance adopted:
Ayes: Spataro, Warmington, Wierenga, Carter, Gawron, and Shepherd
Nayes: None
Adoption Date: November 14, 2006
Effective Date: November 28, 2006
First Reading: October 24, 2006
Second Reading: November 14, 2006
CITY OF MUSKEGON
By: ~ s0. ;1/t/a
Linda S. Potter, CMC, Acting City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
14th of November 2006, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts ofMichigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: November 14 '2006.
Linda S. Potter, CMC
Acting Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that onl\bve:ri::er 14, 2006, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2503 (Appeals, Applications, Filing Procedure and Fees, paragraph
# 1) of Article XXV (Zoning Board of Appeals) regarding the "aggrieved parties" language.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published __N_o_v_emb
__e_r_l_B_ _ _, 2006 CITY OF MUSKEGON
By ________________________
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Commission Meeting Date: October 24, 2006
Date: October 13, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development lftf-.
RE: Zoning Ordinance Amendment- ZBA Newspaper Public
Notice
SUMMARY OF REQUEST:
Request to amend Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV
(Zoning Board of Appeals) regarding newspaper public notice for Zoning Board of Appeals
public hearings.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the language regarding
newspaper notice of ZBA public hearings.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 10/12 meeting. The
vote was unanimous with T. Harryman, S. Warmington, and J. Aslakson absent.
10/13/2006
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
October 12, 2006
Hearing; Case 2006-49: Staff initiated request to amend Section 2504 (Hearings Notices,
and Adjournments, # 1) of Article XXV (Zoning Board of Appeals) to meet the requirements
of the Michigan Zoning Enabling Act, Act 110 of 2006, regarding Zoning Board of Appeals
newspaper public notice.
BACKGROUND
As with the prior two cases, this amendment is necessary due to the change in the Michigan
Zoning Enabling Act of 2006. The Act now requires that all Zoning Board of Appeals cases
be notified in the same manner as Planning Commission case. That means we must now not
only mail notifications to all residents and property owners within 300 feet of the subject
property, but also shall "publish notice of the request in a newspaper of general circulation in
the local unit of government". All notices must be served at least 15 days prior to the day of
the hearing. The old requirement was 10 days, but the zoning staff has been using the 15 day
standard for several years.
NEW LANGUAGE
Deletions are erossed out and additions are in bold.
I. When an application or appeal has been filed in proper form and with the required date, the
Zoning Administrator shall immediately place said application or appeal upon the calendar for
hearing and cause notices, stating the tiroe, place, and purposes of the hearing being served.
Such notices shall be published in a newspaper of general circulation and served
personally or by mail at least ten (+G) fifteen (15) days (excluding Saturdays, Sundays, and
holidays) prior to the day of such hearing, upon the applicant or appellant, the Building
Inspector, the owners of property and the occupants of single and two-family dwellings within
three hundred (300) feet of the property in question. If the tenant's name is not known, the
notice may be addressed to the occupant.
Any party may appear at such hearings in person or be represented by agents, attorneys, or
both.
DELIBERATION
I move that the amendment to Section 2504, #1, of Article XXV, (Zoning Board of Appeals),
ofthe City of Muskegon Zoning Ordinance, be recommended to the City Commission for
(approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2208
An ordinance to amend Section 2504 (Hearings, Notices, and Adjournments, #1) of
A1iicle XXV (Zoning Board of Appeals) regarding newspaper public notice for Zoning
Board of Appeals public hearings.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV (Zoning Board of
Appeals) is amended regarding public notice for Zoning Board of Appeals public hearings, as
follows:
Changes to Section 2504, (#1 ): Zoning Board of Appeals
1. When an application or appeal has been filed in proper form and with the required
date, the Zoning Administrator shall immediately place said application or appeal
upon the calendar for hearing and cause notices, stating the time, place, and purposes
of the hearing being served. Such notices shall be published in a newspaper of general
circulation and served personally or by mail at least fifteen (15) days (excluding
Saturdays, Sundays, and holidays) prior to the day of such hearing, upon the applicant
or appellant, the Building Inspector, the owners of property and the occupants of
single and two-family dwellings within three hundred (300) feet of the property in
question. If the tenant's name is not known, the notice may be addressed to the
occupant.
Any party may appear at such hearings in person or be represented by agents,
attorneys, or both.
This ordinance adopted:
Ayes: Spataro, Warmington, Wierenga, Carter, Gawron, and Shepherd
Nayes:_N"'o"'n-"'e'--------------------------
AdoptionDate: November 14, 2006
Effective Date: November 28, 2006
First Reading: October 24 , 2006
Second Reading: November 14, 2006
CITY OF MUSKEGON
By: ciuJufa JJ . liliu
Linda S. Potter, CMC, Acting City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certifY that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City ofMuskegon, at a regular meeting of the City Commission on the
14th of November 2006, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further cet1ify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: November 14 ,2006.
Linda S. Potter, CMC
Acting Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPfiON
Please take notice that oJi'bVEni:er 14, 2006, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2504 (Hearings, Notices, and Adjournments, # 1) of Article XXV
(Zoning Board of Appeals) regarding the newspaper public notice for Zoning Board of Appeals public
hearings.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date ofthis publication.
Published November 18 ,2006 CITY OF MUSKEGON
By __~~~---------------
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Date: November 14, 2006
To: Honorable Mayor and City Commissioners
From: DPW- Water Filtration Plant
RE: Replacement sodium hypochlorite application
pumps
SUMMARY OF REQUEST:
To replace the existing sodium hypochlorite (disinfectant) pumps at the Water
Filtration Plant
FINANCIAL IMPACT:
The replacement of two chemical application pumps at a cost of $10812.00.
BUDGET ACTION REQUIRED:
None. The replacement of these pumps is budgeted.
STAFF RECOMMENDATION:
Staff recommends purchasing the replacement sodium hypochlorite pumps from
Matoon & Lee at a cost of $10812.00.
I
MEMORANDUM
11/7/06
TO: M. AL-SHA TEL, DEPUTY DPW
R. KUHN, DIRECTOR DPW
FROM: R. VENEKLASEN, WATER FILTRATION PLANT
RE: REPLACEMENT SODIUM HYPOCHLORITE PUMPS FOR WATER
DISINFECTION
The Water Filtration Plant budgeted for replacement of two chemical application pumps
for sodium hypochlorite, or "hypo". Sodium hypochlorite is the disinfectant for the water
supply. It us usually referred to as "bleach" because it comes in that form, but at a much
higher concentration.
It is the nature of hypochlorite to be aggressive toward most materials, especially metals.
Hypochlorite also "off-gasses"; in other words release gas that pressurize the pump
head and piping.
We currently apply the hypochlorite with a pulsafeeder brand pump that used a
hydrotube coupled with check valves. Although the pump parts that come in contact
with the hypochlorite are designed for this type of service they readily deteriorate. This
deterioration requires preventative maintenance and parts replacement. These parts are
largely specialty items so are quite costly.
We have been researching alternatives to the pulsafeeder pumps for quite some time.
Watson Marlow/Bredel produces a peristaltic pump that is capable of the type of service
duty we require for the sodium hypochlorite application. These peristaltic pumps have
the advantage of utilizing a replaceable hose to move, or pump, the hypochlorite. The
hose material is reasonably priced, readily available, and easily changed. Spare hose
sections can be stocked nearby the pump and changed periodically to avoid any
hypochlorite spills. This approach will significantly reduce the cost for replacement parts
and reduce the labor required to perform the replacements.
We have requested pricing from two vendors of these pumps and find that Matoon & Lee
offer the best price. It is my recommendation that we purchase two Watson
Marlow/Bredel pumps and accessories from Matoon & Lee. The cost breakdown is as
follows:
Pump (2) $4855.00 each $9710.00
Elements/hose (20) $41.50 each $830.00
Valves (2 per pump) $58.00 $232.00
Shipping $20.00 $40.00.
The total cost is: $10812.00.
Date: November 14, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Accept Resignations and Make Appointments to
Various Boards and Committees
SUMMARY OF REQUEST: To accept resignations from:
Cara Taylor- District Library Board
Brett Sova- Citizen's Police Review Board
To make the following appointments:
Craig Brown - District Library Board
Kari Tyler- Citizen's Police Review Board (contingent on background check)
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Community Relations Committee recommended
approval at their November 13th meeting.
Commission Meeting Date: November 14, 2006
Date: October 31, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department 0~
RE: Resolution of Support for Muskegon Area
Sustainability Coalition
SUMMARY OF REQUEST: To approve the attached "Resolution of
Support for Muskegon Area Sustainability Coalition". The resolution
states that the City of Muskegon endorses the "Coalition" and
"embraces the development of sustainability planning on a best effort
basis".
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: The Commission discussed the
efforts of the Coalition at their October 9 Work Session and requested
that a resolution of support be prepared.
2006-92(h)
RESOLUTION OF SUPPORT FOR
:Musfi!gonj!rea Sustaina6iEity Coalition
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County
of Muskegon, Michigan (the "City"), held in the City Commission Chambers, on the 141h
day ofNovember, 2006, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT: Members
Shepherd, Spataro, Warmington, Wierenga, Carter, and Gawron
ABSENT: Members
Davis
The following preamble and resolution were offered by Member Wi erengo and
supported by Member _c_a_r_t_e_r_ _ _ __
WHEREAS, the focus of Sustainability is to enrich and secure the
future of the Greater Muskegon Community by preserving our natural
resources, providing economic vitality and fostering social justice; and
WHEREAS, the Muskegon Area Sustainability Coalition invites
open participation by units of government, institutions, non-profit
entities, business and industry in order to foster collaborations that will
lead to a spirit of community entrepreneurship and systems oriented
thinking; and
WHEREAS, emphasis is placed on the needs and interests of all
citizens; and
WHEREAS, the Muskegon Area Sustainability Coalition
acknowledges existing initiatives undertaken by both the private and
public sectors that incorporate the values of Sustainability; and
WHEREAS, it is not the intent of the Coalition to duplicate any
existing activities underway, but to strengthen such efforts by serving as
a clearing house and discussion forum for activities, events and
opportunities that advance principles and practices of Sustainability
throughout the Muskegon region; and
WHEREAS, the following outcomes for the community can be
expected:
1) Increased economic vitality in the region
2) Social justice and equity with more diverse representation
3) Reduction of environmental degradation
4) Improved quality of life for the overall community and region
5) Increased public understanding, awareness of, and
engagement with sustainability efforts on a p ersonal level
THEREFORE, BE IT RESOLVED that the City of Muskegon
endorses the Muskegon Area Sustainability Coalition and embraces the
development of sustainability planning on a best effort basis.
AYES: Members
Warmington, Wierenga, Carter, Gawron, Shepherd, and Spataro
NAYS: Members
None
RESOLUTION DECLARED ADOPTED.
Linda S. Potter, Acting City Clerk
2006-92(h)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on November 14,
2006. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 ofthe Public Acts of 1976.
CITY OF MUSKEGON
By: ~~~ J . t1i;k
Linda S. Potter, Acting City Clerk
Date: 11/14/06
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Purchases
SUMMARY OF REQUEST: Approval to purchase (2) Ford Focus 4- door
Wagons from Great Lakes Ford.
FINANCIAL IMPACT: Total Cost $27,320.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
Memorandum
To: Honorable Mayor and City Commissioners
From:DPW
Date: 11114/06
Re: Vehicle replacement
The Equipment Division had planed, and budgetecj on replacing four
(4) vehicles of our 1999 Sedans fleet in 2007. Two of those four were
scheduled to be a Ford Focus wagon. Unfortunately, we were recently
informed that the wagon model will no longer be available and thus we
needed to act soon if we wanted that type of vehicle.
We have requested prices from area dealers as well as the statewide
purchasing contracts. Attached is a summary of bids.
In accordance with established purchasing policy, I am requesting
permission to purchase two Ford Focus Wagons from Great Lakes Ford.
1
Equipment Purchase - 2006
Signature Ford Great Lakes Ford Betten& Sons Ford
P.O. Box 242 2469 E. A~~le 3839 Plainfield N.E
T~~e of Vehicle Central LakeMi Muskegon Mi. Grand Ra~ids Mi
I
2 2007 Ford Focus $27,744.00 $27,320.00 $29,540.00
4-door wagons
each $ 13,872.00 I $13,660.00 I $ 14,770.00
I
I
I
Date: November 17,2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Fifth St. Landscaping, Merrill Ave. to Western Ave. (H-1621)
SUMMARY OF REQUEST:
Award the contract for landscaping and installation of the customized concrete sidewalk
along Fifth St. from Merrill Ave. to Western Ave. to Muskegon Quality Builders, Inc. of
Muskegon Heights, Ml since they were the lowest responsible bidder with a bid price of
$47,859.82.
FINANCIAL IMPACT:
The construction cost $47,859.82 plus engineering cost which is estimated at an additional
15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Muskegon Quality Builders, Inc.
COMMITIEE RECOMMENDATION:
H-1621 FIFTH ST. LANDSCAPING, MERRILL AVE. TO WESTERN AVE.
BID TABULATION 10/24/06
CONTRACTOR MUSKEGON QUALITY BUILDERS JARAN CONSTRUCTION DOUBLE L ENTERPRISES
ADDRESS ENGINEER'S 2837 PECK ST 2745ALYSSALANE 5215 INDUSTRIAL PARK
CITY/ST/ZIP ESTIMATE MUSKEGON HEIGHTS Ml 49444 ALLEGAN Ml 49010 MONTAGUE Ml 49437
ITEM OF WORK UNIT QTY UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE
1 AGGREGATE BASE, CONDITIONING SYD 70 $2.00 $140.00 $ 28.08 $ 1 965.60 $ 20.00 $ 1,400.00 $ 4.36 $ 305.20
2 AGGREGATE BASE, LM CYD 5 $50.00 $250.00 $ 60.00 $ 300.00 $ 100.00 $ 500.00 $ 95.00 $ 475.00
3 CONC CHEMICAL SURFACE STAINING SFT 330 $7.50 $2,475.00 $ 11.12 $ 3,669.60 $ 12.00 $ 3,960.00 $ 14.50 $ 4,785.00
4 CONCRETE SURFACE TEXTURING SFT 330 $15.00 $4,950.00 $ 11.12 $ 3,669.60 $ 12.00 $ 3,960.00 $ 17.00 $ 5,610.00
5 DECORATIVE TRAIL SIGN EACH 5 $1,000.00 $5,000.00 $ 1,116.00 $ 5,580.00 $ 1,100.00 $ 5,500.00 $ 1,300.00 $ 6,500.00
6 FLAG CONTROL LUMP 1 $500.00 $500.00 $ 500.00 $ 500.00 $ 1,500.00 $ 1,500.00 $ 2,200.00 $ 2,200.00
7 FLAME AMUR MAPLE (ACER GINNALA 'FLAME', 1.75 INCH I EACH 17 $300.00 $5,100.00 $ 250.71 $ 4,262.07 $ 280.00 $ 4,760.00 $ 135.70 $ 2,306.90
8 ADAMS MAPLE (MALUS 'ADAMS',1.751NCH) EACH 6 $300.00 $1,800.00 $ 275.33 $ 1,651.98 $ 280.00 $ 1,680.00 $ 125.33 $ 751.98
9 MINOR TRAF DEVICES LUMP 1 $500.00 $500.00 $ 400.00 $ 400.00 $ 2,500.00 $ 2,500.00 $ 2,950.00 $ 2,950.00
10 MOBILIZATION, MAX. $2500.00 LUMP 1 $2,500.00 $2,500.00 $ 500.00 $ 500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00
11 PEAR (PYRUS CALLERYANA, 'CLEVELAND SELECT', 21NCHl EACH 16 $300.00 $4,800.00 $ 250.00 $ 4,000.00 $ 320.00 $ 5,120.00 $ 146.06 $ 2,336.96
12 SIDEWALK, CONC, 4 INCH SFT 630 $4.00 $2,520.00 $ 2.70 $ 1,701.00 $ 4.20 $ 2,646.00 $ 3.50 $ 2,205.00
13 SIDEWALK, REM SYD 70 $5.00 $350.00 $ 44.50 $ 3,115.00 $ 5.00 $ 350.00 $ 18.50 $ 1,295.00
14 SITE PREPARATION, MAX. $5,250 LUMP 1 $5,250.00 $5,250.00 $ 2,250.00 $ 2,250.00 $ 5,250.00 $ 5,250.00 $ 5,250.00 $ 5,250.00
15 SLOPE RESTORATION SYD 100 $5.00 $500.00 $ 1.14 $ 114.00 $ 5.00 $ 500.00 $ 4.20 $ 420.00
16 JAPANESE LILACISYRINGA RETICULA 'IVORY SILK', 1.751NCH) EACH 11 $300.00 $3,300.00 $ 289.18 $ 3,180.98 $ 280.00 $ 3,080.00 $ 146.10 $ 1,607.10
17 TREE, REM, 6 INCH TO 18 INCH EACH 3 $200.00 $600.00 $ 233.33 $ 699.99 $ 1,000.00 $ 3,000.00 $ 600.00 $ 1,800.00
18 TREE, REM, 19 INCH TO 36 INCH EACH 4 $600.00 $2,400.00 $ 778.75 $ 3,115.00 $ 1,200.00 $ 4,800.00 $ 950.00 $ 3,800.00
19 TREE, REM 37 INCH OR LARGER EACH 2 $1,000.00 $2,000.00 $ 1117.50 $ 2,235.00 $ 1,500.00 $ 3,000.00 $ 2,400.00 $ 4,800.00
20 WATERING AND CULTIVATING, 1ST SEASON MIN.$2 550 LUMP 1 $2,550.00 $2 550.00 $ 2 550.00 $ 2,550.00 $ 2 800.00 $ 2 800.00 $ 2,800.00 $ 2,800.00
21 WATERING AND CULTIVATING 2ND SEASON, MIN.$2,400 LUMP 1 $2 400.00 $2,400.00 $ 2,400.00 $ 2,400.00 $ 2 600.00 $ 2 600.00 $ 2 800.00 $ 2,800.00
I TOTAL $49,885.00 $ 47,859.82 $ 61 406.00 $ 57 498.14
AGENDA ITEM NO. _ _ _ _ __
CITY COMMISSION MEETING - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 6, 2006
RE: Parking Ramp Purchase Agreement
SUMMARY OF REQUEST:
To enter into a new purchase agreement with Press's Development, LLC, for the purchase of
the Clay Street Parking Ramp. This agreement will supersede the previous agreement to
purchase the ramp. The price remains the same but the actual property conveyance will not
occur until the ramp is demolished.
FINANCIAL IMPACT:
$100,000 to the City.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached agreement.
COMMITTEE RECOMMENDATION:
The City Commission has previously approved the sale of the ramp.
PURCHASE AGREEMENT
This Agreement is made on dvem be(' I 'i , 2006 between the City of
Muskegon, a Michigan municipal corporation, with offices located at 933 Terrace Street,
Muskegon, Michigan, 49440 ("City") and Press's Development, LLC, a Michigan limited
liability company, of 8081 Holton Duck Lake Rd, Holton MI 49425 ("Buyer").
1. Purchase Agreement dated July 11, 2006. The Purchase Agreement executed
by City and Buyer on or about July 11, 2006, is hereby terminated. Monies paid by Buyer to
City and Buyer to Land America Transnation Title, pursuant to the July 11 , 2006 Purchase
Agreement shall be delivered to City as satisfaction for the purchase price for this Purchase
Agreement.
2. Purchase and Sale of Premises. City shall sell and Buyer shall purchase on the
conditions set forth in this Agreement the Premises, and all improvements thereon, with all
beneficial easements, and with all of City's right, title and interest in all adjoining public ways,
commonly known as the City of Muskegon Parking Ramp and legally described on Exhibit A
("Premises") subject to the reservations, restrictions and easements of record, provided said
reservations, restrictions and easements of record are reasonably acceptable to Buyer upon
disclosure and review of the same.
3. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be $100,000, payable upon execution of this Purchase Agreement to City, by wire transfer,
certified or cashier's check.
4. Title Insurance. City has provided to Buyer an owner's policy of title insurance
("Title Policy No. 1") issued by a mutually agreeable title company in the standard A.L.T.A.
form, without the standard exceptions, cettified to the date of closing, in the amount of the
purchase price and Buyer waives any objections to the exceptions or encumbrances shown on
Title Policy No. 1. City shall order an updated owner's policy prior to closing ("Title Policy No.
2"). If Buyer raises a title objection to an exception or encumbrance disclosed in Title Policy
No. 2, which was not disclosed in Title Policy No. 1, Buyer shall not be required to close this
transaction unless City cures the objection or Buyer waives its objection. Additionally, if Buyer
raises a title objection to an exception or encumbrance disclosed in Title Policy No. 2, which was
not disclosed in Title Policy No. 1, City shall have the right not to cure the objection; in which
case this Agreement shall terminate and City shall return the Purchase Price to Buyer. If City
elects to cure the objection, City shall take action to remove the exception or the encumbrance
from the chain of title, in order to remove it from the commitment and the policy. The title
insurance policy shall include a tax lien search certified to the date of closing that shows no tax
liens against the Premises.
5. Property Taxes and Assessments. City shall be responsible for the payment of
all real estate taxes and assessments that become due and payable prior to the date of closing.
Buyer shall be responsible for the payment of all real estate taxes and assessments that become
due and payable after the date of closing.
6. Survey. City has provided Buyer with copies of any surveys City has of the
Premises. Buyer has had the opportunity to obtain its own survey. Buyer waives any
encroachment or substantial variation from the presumed land boundaries or area and elects to
purchase the Premises subject to said encroachment or variation.
7. Inspection Period. Buyer, and Buyer's agents, employees, contractors and
consultants have conducted such inspections, investigations, appraisals, tests, feasibility studies,
and determinations of the Premises as Buyer, in its sole discretion, shall desire. Buyer and City
agree that it is the intent of the Buyer to demolish the parking structure currently existing on the
Premises. The Due Diligence Investigation has been completed and Buyer has no objection.
8. Representations, Covenants and Warranties of City. City represents,
covenants and warrants the following to be true:
a. Organization and Standing of City. City is a Michigan municipal
corporation duly organized, validly existing and in good standing under the laws of the
State of Michigan.
b. Authority. City has the power and authority to enter into and perform its
obligations under this Agreement.
c. Title to Purchased Assets. City has good and marketable title to the
Premises, except as set forth in this Agreement. The Premises are subject to no
mortgage, pledge, lien, encumbrance, security interest, or charge except as will be set
forth on the title insurance commitment.
9. Representations, Covenants, and Warranties of Buyer. Buyer represents,
covenants, and warrants the following to be true:
a. Status of Buyer. Buyer is validly existing and in good standing under the
laws of the State of Michigan.
b. Authority. Buyer has the power and authority to enter into and perform
Buyer's obligation under this Agreement.
c. "As-Is" Sale. BUYER UNDERSTANDS AND AGREES THAT
THERE SHALL BE NO IMPLIED WARRANTIES OF HABITABILITY,
QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY
OTHER IMPLIED WARRANTIES BETWEEN CITY AND BUYER, AND UPON
CLOSING, BUYER W AlVES ANY AND ALL SUCH IMPLIED WARRANTIES,
AND ACCEPTS THE PROPERTY "AS IS," "WHERE IS," SUBJECT ONLY TO
THE EXPRESS COVENANTS, CONDITIONS AND/OR WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT. AT CLOSING, BUYER
SHALL REPRESENT THAT IT HAS PERSONALLY INSPECTED THE
PROPERTY AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND
THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH
INSPECTION AND INVESTIGATION, AND NOT DUE TO ANY
REPRESENTATIONS MADE BY OR ON BEHALF OF CITY
2
d. Parking. Buyer agrees to use the Premises solely as parking for five years
after the date of closing. Such parking must be open to the general public, but Buyer may
charge the public a commercially reasonable rate for parking. The parking spaces may be
either surface parking or ramp parking, but if Buyer decides to construct a new parking
ramp on the Premises, the parking ramp must be open and available for public parking.
10. Pre-Closing Demolition. Prior to Closing, Buyer may enter the Premises for the
purpose of d~molishing and removing any debris, cement pads, concrete, or parking ramp
material. Buyer may commence demolition upon execution of this Purchase Agreement, but
must commence demolition by January 20, 2007. Demolition, including removal of all
concrete and parking ramp material, except for the floor and any below-grade improvements,
shall be completed by June 20,2007. If Buyer fails to commence demolition of the parking
ramp by January 20, 2007, City may either:
a. Terminate this Purchase Agreement by providing written notice to Buyer and
returning $30,000 of the Purchase Price; or
b. Waive, in writing, the failure to commence demolition timely and permit
Buyer to proceed with demolition and close on the acquisition of Premises.
If Buyer commences demolition of the Parking Ramp, but does not complete the demolition by
August 1, 2007, City may either:
a. Terminate the Purchase Agreement by providing written notice to Buyer
and retain the $100,000 previously paid by Buyer; or
b. Waive, in writing, the failure to complete demolition and permit Buyer to
complete the demolition and close on the acquisition of the Premises.
11. Conditions Precedent. This Agreement and all of the obligations of Buyer under
this Agreement are, at Buyer's option, subject to the fulfillment, before or at the time of the
Closing, of each of the following conditions:
a. Representations and Warranties True at the Closing. The
representations, covenants, and warranties of City contained in this Agreement shall be
true in all material respects at the time of the Closing.
b. Performance. The obligations, agreements, documents and conditions
required to be signed and performed by City shall have been performed and complied
with before or at the date of the Closing.
12. Default. Except as provided for in Paragraph 10, the following default provisions
apply:
a. By Buyer. In the event Buyer fails to comply with any or all of the
obligations, covenants, warranties or agreements under this Agreement and such default
is not cured within I 0 days after receipt of notice, then City may terminate this
Agreement, in which event both parties will be released from any further liability under
this Agreement, or City may pursue its legal and/or equitable remedies against Buyer.
b. By City. In the event City fails to comply with any or all of the
obligations, covenants, warranties or agreements under this Agreement, and such default
is not cured within 10 days after receipt of notice, then Buyer may either terminate this
Agreement, in which event both parties will be released from any further liability under
this Agreement, or Buyer may pursue its legal and/or equitable remedies against City.
13. Real Estate Commission. Buyer and City both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and City both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
14. Closing.
a. Date of Closing. Unless the parties otherwise mutually agree, the closing
shall be held after demolition of the parking ramp, but no later than August 15, 2007.
The closing shall be held at a mutually convenient location.
b. Costs. The costs associated with this Agreement and the closing shall be
paid as follows:
i. Buyer shall pay the premium for the owner's policy oftitle
msurance.
ii. City shall be responsible to pay for the recording of any instrument
that must be recorded to clear title to the extent required by this Agreement.
iii. Buyer shall pay for the cost of recording the quit claim deed.
IV. City shall pay the cost associated the title company closing this
transaction.
c. Deliveries. At closing, City shall deliver at its sole cost and expense the
following documents in a form reasonably satisfactory to Buyer.
1. the quit claim deed to the Premises.
ii. such other documents as may be reasonably required by Buyer or
the title company to effectuate the transaction contemplated by this Agreement.
15. Possession. Except as provided in Paragraph 10, possession of the Premises is to
be delivered to Buyer by City at Closing.
4
16. Risk of Loss. Until the time of closing, risk of!oss because of the damage to or
destruction of any improvements located on the Premises shall be solely that of City, except to
the extent that Buyer caused the damage or destruction. However, because it is the intent of the
Buyer to demolish any improvements located on the Premises prior to Closing, any damage to or
destruction of any improvements located on the Premises prior to closing shall not act to
terminate this Agreement and the closing shall proceed as scheduled. In the event the
improvements located on the Premises are damaged prior to the date of closing, the City shall
retain any insurance proceeds to be received by City because of said damage or other destruction.
17. Notice. All notices and other deliveries required under this Agreement shall be
made and given to the appropriate party, or the office of the party, at the address set forth above
or at such other address as may hereafter be specified by such parties by written notice from time
to time. Notices shall be effective on the date of receipt, if given by hand, express delivery or
recognized courier service. Notices given by certified mail shall be deemed effective three
business days after the date of deposit in an authorized postal facility, as shown by its receipt for
certified mail. Either party may designate a telephone number to be used for fax notices to such
party, in which event any notice transmitted to such number shall be effective on the date shown
in the printed confirmation of such transmission, free of error, generated by the sender's
machine.
18. Miscellaneous.
a. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of
Michigan.
b. Entire Agreement This Agreement shall constitute the entire agreement,
and shall supersede any other agreements, written or oral, , that may have been made or
entered into, by and between the parties with respect to the subject matter of this
Agreement and shall not be modified or amended except in a subsequent writing signed
by the party against whom enforcement is sought. Specifically being superseded is the
Purchase Agreement between City and Buyer, dated July 11, 2006.
c. Binding Effect This Agreement shall be binding upon, and inure to the
benefit of and be enforceable by, the parties and their respective legal representatives,
permitted successors and assigns.
d. Counte1parts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original as against any party whose
signature appears thereon, and all of which together shall constitute one and the same
instrument. This Agreement shall become binding upon the parties when one or more
counterparts, individually or taken together, shall bear the signatures of all parties.
d. Non-Waiver. No waiver by any party of any provision of this Agreement
shall constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
e. Severability. Should any one or more of the provisions of this Agreement
be determined to be invalid, unlawful or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions of this Agreement shall not in any
way be impaired or affected.
f. Assignment or Delegation. Except as otherwise specifically set forth in
this Agreement, Buyer shall not assign all or any portion of their rights and obligations
contained in this Agreement without the express prior written approval of City, which
approval may be withheld in City's sole discretion.
g. Venue. The parties agree that for purposes of any dispute in connection
with this Agreement, the Muskegon County Circuit Court shall have exclusive personal
and subject matter jurisdiction and venue.
h. Survival ofRepresentations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for in this Agreement shall survive the closing date and continue in full force
and effect after the consummation of this purchase and sale and continue until all
liabilities of Buyer have been fully satisfied.
This Agreement is executed effective as of the date set forth above.
City - City of Muskegon Buyer- Press's Development, LLC
By~~J~~~o.
Name: ~(
- - - -- -Title: p,_ eJf ,']e. .. f:
I
Attest:
Name: Linda Potter
Title: Acting Clerk
Exhibit A
Legal Description
Exhibit A
Legal Description
Lots 1 - 3 and Lots 10- 12 including the easterly 198 feet of vacated alley of
Block 328 of the Revised Plat of 1903 in the City of Muskegon, Muskegon
County, Michigan.
John M. Briggs, Jll PARMENTER O'TOOLE Thomas H. Thornhill
Michael L. Rolf Attorneys at Law
George W. Johnson Scott R. Sewick
W. Brad Groom Jeffery A. Jacobson
Eric R. Gielow Dawn M. Goodwin
601 Terrace Street • P.O. Box 786 • Muskegon, Michigan 49443-0786 Nancy Ann Hornacek
John c. Schrier
Christopher L. Kelly Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206 Adam G. Zuwerink
linda S. Kaare www.Parmenferlaw.com Douglas J. Winkle
James R. Scheuerle
William J. Meier OjCrm11.w.>l
Keith L. McEvoy Thomas J. O'Toole
Anna Urick Duggins Eric J. Fauri
Scott M. Knowlton Michael M. Knowlton
George A. Parmenter, 1903-1993
May 1, 2007
Ms. Tammy Jager
Press's Development, LLC
8081 Holton Duck Lake Road
Holton, MI 49425
Re: City of Muskegon-
Press' Development, LLC
Dear Ms. Jager:
Enclosed please find the recorded Quit Claim Deed transferring ownership of the former mall
parking ramp from the City of Muskegon to Press's Development, LLC.
If you have any questions, please feel free to contact me.
Very truly yours,
/Y -Cfo~:__)
' / John C. Schrier
v Direct: 231-722-5401
Fax: 231-722-7866
E-mail Address: jcs@parmenterlaw.com
Enclosure
Bryon Mazade
Ann Marie Becker
G:\EDSI\FILES\00100\1881.001 \L TR\DH6132.DOC
Received & Sealed For Record
MRRK F. FRIRCHILD REGISTER OF DEEDS
Muskegon County Michigan
04/26/2007 10:37R LIBER 3739 PRGE 911
5240416
L-3739 P-911
04/26/2007 10:37R
Page· 1 of 1
Quit Claim Deed
City of Muskegon, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("City"),
Conveys and Quit Claims To: Press's Development, LLC, a Michigan limited liability company, of 8081 Holton
Duck Lake Road, Holton, Michigan, 49425
the parking facility property in the City of Muskegon, County of Muskegon, State of Michigan, which is legally
described as follows:
LOTS 1-3 AND LOTS 10-12 INCLUDING THE EASTERLY 198 FEET OF VACATED ALLEY OF
BLOCK 328 OF THE REVISED PLAT OF 1903 IN THE CITY OF MUSKEGON, MUSKEGON
COUNTY, MICHIGAN.
for the sum of: One Hundred Thousand Dollars ($100,000.00).
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207 .505(h){i) and
MCLA 207.526 Sec. 6(h)(i).
Dated:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ~~ day of ~ ,
200 /.1, by Stephen J. Warmington and Linda Potter, Mayor and Acting Clerk of the City ofMu ~.a municipal
corp-'t;at!On. " L}h. -Ke'»-~
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