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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 14, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Request - Betak Enterprises Ill, Inc., 45 E. Muskegon. CITY CLERK
C. Liquor License Request - Clover Bar, 817 E. Forest Ave. CITY CLERK
D. Telecommunication Permit - The Shoreline Fiber Network Partners - Under the
METRO Act. ASSISTANT CITY MANAGER/ENGINEER
E. Nelson Park Renamed as St. Joseph Park. LEISURE SERVICES
F. Income Tax Refund Donation Program for 2004. INCOME TAX
G. Set Public Hearing for Amendments to Brownfield Plan - Former Muskegon
Mall. PLANNING & ECONOMIC DEVELOPMENT
H. Plow Truck Purchase. PUBLIC WORKS
I. Dump Boxes and Under Body Plows. PUBLIC WORKS
J. Semi Tractor Purchase. PUBLIC WORKS
□ PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll - Strong Avenue, Jefferson to Peck.
ENGINEERING
B. Spreading of the Special Assessment Roll - Campus Avenue, from Washington
to Approximately 100' North of Fourth. ENGINEERING
C. 2005 Budget. FINANCE
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Approval of Pay Station Agreement with USA Mail Today. TREASURER
B. Concurrence with the Housing Board of Appeals Notice and Order to Demolish
the Following. INSPECTIONS
1. 523 W. Webster (Outside Area 10)
2. 1842 Franklin (South of Area 12)
3. 1130 Sanford (Area 10)
□ 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 frnward 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.)
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND 'fHE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY.
CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 7244172.
Date: September 14, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, August 24, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 14, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, September 14, 2004.
Vice Mayor Larson opened the meeting with a prayer from Pastor Michael Borgert
from 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: Vice Mayor Bill Larson, Commissioner Lawrence Spataro, Chris Carter, Kevin
Davis, Stephen Gawron, and Clara Shepherd, City Manager Bryon Mazade, City
Attorney John Schrier, and City Clerk Gail Kundinger.
Absent: Mayor Stephen Warmington (excused)
2004-81 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, August 24, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Request - Betak Enterprises Ill, Inc .• 45 E. Muskegon. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on
a request from Betak Enterprises Ill, Inc., to transfer ownership of the 2004 SDD and SDM
Licensed Business from H & J Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. Liquor License Request - Clover Bar. 817 E. Forest Ave. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on
a request to transfer ownership of the 2004 Class C-SDM Licensed Business with Dance
Permit by dropping Wayne W. Brewer as stockholder by transfer of his 100 shares of
stock to Timothy W. Brewer.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
D. Telecommunication Permit - The Shoreline Fiber Network Partners - Under the
METRO Act. ASSISTANT CITY MANAGER/ENGINEER
SUMMARY OF REQUEST: Authorize the Mayor to sign the permit application submitted
by The Shoreline Network Partners. Submittal of the permit application is in response to
the City opting into the State's METRO Act. All necessary reviews including City
Attorney, Engineering Department, Finance Department, and City Manager's Office
have been completed.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the permit and authorize the Mayor to sign the
document.
E. Nelson Park Renamed as St. Joseph Park. LEISURE SERVICES
SUMMARY OF REQUEST: A petition has been received from the Nelson Neighborhood to
rename Nelson Park on Monroe Avenue to St. Joseph Park in honor of the former St.
Joseph's Church that leased the property to the City for the park.
FINANCIAL IMPACT: The cost to redo a sign.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
COMMITTEE RECOMMENDATION: The Leisure Service Board recommends approval.
F. Income Tax Refund Donation Program for 2004. INCOME TAX
SUMMARY OF REQUEST: Approval to use the donations from the 2004 income tax returns
to the BIG RED ED CLUB which is an activity of the Education fund of the Muskegon
Public Schools.
FINANCIAL IMPACT: The average amount donated to previous Donation Programs is
$2,500. Each donated refund saves the City approximately two dollars. Last year 478
people donated their refund checks.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval recommended.
G. Set Public Hearing for Amendments to Brownfield Plan - Former Muskegon
Mall. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for
amendments to the Brownfield Plan, and notifying taxing jurisdictions of the Brownfield
Plan Amendments, including the opportunity to express their views and
recommendations regarding the proposed amendments at the public hearing. The
amendments are for the inclusion of the former Muskegon Mall Property, now owned by
Downtown Muskegon Development Corporation (DMDC) in the Brownfield Plan.
FINANCIAL IMPACT: Brownfield Tax Increment Financing would be used to reimburse
the City, DMDC, and possibly developers for "eligible expenses" incurred in association
with development of the Mall, starting in 2012, when the Renaissance Zone status of the
Mall property will begin to expire. DMDC currently estimates that full development of
the Mall property will involve approximately $60 million in private investment, resulting in
a substantial increase in the local and school taxes generated by the property.
"Eligible Expenses" would be reimbursed starting in 2012, including the payment of 4%
interest annually. The estimated tax capture and payment schedule is included as
Attachment L-4 in the proposed Brownfield Plan Amendment. The City is also
authorized by law to capture up to $75,000/year to pay for "reasonable and actual
administrative and operating costs of the Brownfield Redevelopment Authority. As
such, $50,000/year of the local tax increment will be captured to reimburse the
Brownfield Authority for its administrative costs, for a total of $550,000 over 11 years.
After all eligible costs incurred by the various parties are reimbursed (estimated to be in
2017), the BRA is authorized to continue to capture local taxes for five more years for
deposit into a Local Site Remediation Revolving Fund. Current estimates indicate that
approximately $3,460,000 could be captured from the taxes on the Mall property for
deposit into this local fund.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and
Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority will meet on
September 8, 2004, and approve the Brownfield Plan Amendment adding the
Muskegon Mall to the Brownfield Plan, and request the Muskegon City Commission set a
public hearing on the Plan Amendments, and request notification of the taxing
jurisdictions of the proposed amendment and its financial impact on each jurisdiction.
H, Plow Truck Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two cab and chassis from Woodland
International.
FINANCIAL IMPACT: Total Cost $104,062.24.
BUDGET ACTION REQUIRED: None. $140,000 was budgeted for the total purchase.
STAFF RECOMMENDATION: Approve purchase of budgeted replacement cab and
chassis from Woodland International.
I. Dump Boxes and Under Body Plows. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two dump boxes and under body plows.
FINANCIAL IMPACT: Total Cost $49,578.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of two dump boxes and under body
plows from Truck & Trailer Specialties.
J. Semi Tractor Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one Freightliner CL 120 semi tractor from
Freightliner of Grand Rapids.
FINANCIAL IMPACT: Cost per unit $77,065.
BUDGET ACTION REQUIRED: None. $80,000 was budgeted for this purchase.
STAFF RECOMMENDATION: Approve purchase of one Freightliner CL 120 from
Freightliner of Grand Rapids.
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the
Consent Agenda.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
MOTION PASSES
2004-82 PUBLIC HEARINGS:
A. Spreading of the Special Assessment Roll - Strong Avenue. Jefferson to Peck.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Strong Avenue from Jefferson Street to Peck Street, and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $29,371.29 would be spread against the thirteen (13)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 5:37 p.m. to hear and consider any comments from the
public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the Public
Hearing at 5:38 p.m. and approve the special assessment roll for Strong Avenue,
Jefferson to Peck.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
MOTION PASSES
B. Spreading of the Special Assessment Roll - Campus Avenue. from Washington
to Approximately 100' North of Fourth. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Campus Avenue from Washington to approximately 100' north of Fourth
Street, and to adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $28,086.26 would be spread against the fourteen (14)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The Public Hearing opened at 5:39 p.m. to hear and consider any comments from the
public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Davis to close the Public
Hearing at 5:40 p.m. and approve the special assessment roll for Campus Avenue, from
Washington to approximately 100' north of Fourth.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Carter
Nays: None
MOTION PASSES
C. 2005 Budget. FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City's proposed
budget for the year 2005. The proposed 2005 budget has been made available for
public inspection at City Hall, Hackley Public Library and the City's website page.
STAFF RECOMMENDATION: After receiving comments, close the public hearing and
approve the proposed 2005, City of Muskegon Budget resolution.
The Public Hearing opened at 5:41 p.m. to hear and consider any comments from the
public. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Carter that at 5:44 p.m. the
Public Hearing be continued to the Special Meeting set for Wednesday, September 22,
2004.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Carter, Davis
Nays: None
MOTION PASSES
2004-83 NEW BUSINESS:
A. Approval of Pay Station Agreement with USA Mail Today. TREASURER
SUMMARY OF REQUEST: In an attempt to better serve those individuals who are unable
to come to City Hall to pay their utility bills, the City Treasurer requests to allow payments
to be made at USA Mail Today located at 1071 S. Getty St., Muskegon, Michigan.
FINANCIAL IMPACT: We anticipate a decrease in delinquent utility bills due to the
convenience of a "one stop" payment location and a possible increase in utility cash
flows to the City of Muskegon.
BUDGET ACTION REQUIRED: There is a five dollar ($5.00) monthly fee to be billed
quarterly to the City of Muskegon.
STAFF RECOMMENDATION: The staff recommends the approval of the service
agreement with USA Mail Today to accept City of Muskegon utility bill payments at their
location.
Motion by Commissioner Shepherd, second by Commissioner Gawron to approve the
service agreement with USA Mail Today.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Carter, Davis, Gawron
Nays: None
MOTION PASSES
B. Concurrence with the Housing Board of Appeals Notice and Order to Demolish
the Following. INSPECTIONS
SUMMARY OF REQUEST: This is to request that the City Commission concur with the
findings of the Housing Board of Appeals that the following structures are unsafe,
substandard, public nuisances and that they be demolished within thirty (30) days. It is
further requested that administration be directed to obtain bids for the demolition of
the structures and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
1. 523 W. Webster (Outside Area 10)
CASE NUMBER & PROJECT ADDRESS: #EN-040007 - 523 W. Webster
LOCATION AND OWNERSHIP: This structure is located on Webster between Sixth and
Seventh and was owned by William Gooden, who is recently deceased.
STAFF CORRESPONDENCE: This case began 1/26/04 because of numerous complaints
of parties and the police being called. The notice and order to repair was issued on
1/26/04. The case went before the HBA on 6/4/04 and George Gooden was present.
The HBA declared the structure with a 60 day delay before sending to Commission.
OWNER CONTACT: At the HBA meeting George Gooden stated he was awarded this
property when it went through Probate after William Gooden's death. He stated he is
not sure what he'll do with the property, but asked if he could use it as a "guest house"
for friends to stay in. He also stated if it cost too much to repair he would tear it down.
He was present at the party that the police shut down in April. At the HBA meeting he
was ordered to bring in a copy of the Probate order showing he was the owner and if
progress was being made on repairs the case would not be forwarded to City
Commission. No copy of the Probate order has been submitted, nor permits applied
for.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $17,600
ESTIMATED COST TO REPAIR: $25,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the
Housing Board of Appeals decision to demolish 523 W. Webster.
ROLL VOTE: Ayes: Shepherd, Spataro, Carter, Gawron, Larson
Nays: Davis
MOTION PASSES
2. 1842 Franklin (South of Area 12)
CASE NUMBER & PROJECT ADDRESS: #EN-040048 - 1842 Franklin
LOCATION AND OWNERSHIP: This structure is located on Franklin between Laketon and
Windsor and is owned by William Grimm.
STAFF CORRESPONDENCE: This case began 4/29/04 because of numerous complaints
of a dangerous situation for neighborhood children. The owner started an addition on
the house and stopped after the blocks were laid. The area was filled with water and
neighbors were concerned about children falling in. The notice and order to
repair/remove was issued 4/30/04 and on 6/3/04 the HBA heard the case. The case
was tabled indefinitely to allow the owner time to complete the repairs and pull a
permit for the scope of the work being done. The case was brought back to the HBA
8/5/04 and was declared dangerous.
OWNER CONTACT: Mr. Grimm was present at both HBA meetings and stated he
wanted to complete the repairs. On August 24 th an inspector noted the house had
been demolished, but the site not totally cleared. The blocks from the addition and the
original foundation is still remaining.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $12,700
ESTIMATED COST FOR SITE CLEARANCE: $2,500
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with
the Housing Board of Appeals decision to demolish 1842 Franklin.
ROLL VOTE: Ayes: Spataro, Carter, Davis, Gawron, Larson, Shepherd
Nays: None
MOTION PASSES
3. 1130 Sanford (Area 10)
CASE NUMBER & PROJECT ADDRESS: #EN-040036 - 1130 Sanford
LOCATION AND OWNERSHIP: This structure is located on Sanford between Houston and
Monroe and is owned by Countrywide Home Loans in California.
STAFF CORRESPONDENCE: This case began 5/04 because of the house being vacant,
open and la rge amount of trash & debris left. A dangerous building inspection was
conducted on 3/5/04 and the notice and order to repair was issued on 3/22/04. On
5/6/04 the HBA declared the structure substandard and dangerous . An interior
inspection was conducted 7/2/04.
OWNER CONTACT: The contractor working for the mortgage company scheduled the
interior inspection and stated he would be doing repairs on the house. After receiving
the inspection report, Amanda from Countrywide Mortgage stated they will be selling
the house as is.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $16,600
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the
Housing Board of Appeals decision to demolish 1130 Sanford.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:20 p .m.
Respectfully submitted,
~o.L~
Gail A. Kundinger, MMC
City Clerk
Date: September 14, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Betak Enterprises Ill, Inc.
45 E. Muskegon (former Kwik Way)
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Betak Enterprises Ill to transfer
ownership of the 2004 SOD and SOM Licensed Business from H & J
Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
/\rflrmatlve i\cllo11
724-6703
Assessor
724-G708
Cemetery
724-(i78:J
West Michigan's Shol'cline City
Civil Service
724-G7 1G
Clerk
724-6705 August 18, 2004
E11gineering
724!i707
To: City Commission through the City Manager
Finance
724-G71:l
From: i L.1~
any L. Kleibecker, Director of Public Safety
Fir•c l)cpl. Re: Liquor License Request (Transfer)
724-6792
45 E. Muskegon Ave. (former Kwik Way)
C. N. Services
72 111
+<; The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of applicant Betak Enterprises 111, Inc. This
lnspeclio11s
corporation consists of Saib Btk of 1254 Witham in North Muskegon and Samei Btk of
724611~ 785 Mariwood Ave. in North Muskegon.
Betak Enterprises Ill is requesting to transfer ownership of 2004 SOD & SOM licensed
~'.~~~~~crvirbusiness from H & J Inc. of Muskegon. Muskegon Police Department records show
that both applicants have owned at least two other alcohol-serving businesses located
in the City of Muskegon - 1500 S. Getty St. (Sams Drink All) and 181 3 N. Getty St. (L&G
~~~'~f~~·sorrMarket). They are aware of the Muskegon Police Department's position on enforcing
local alcohol-related laws and ordinances.
Mayor's omc<A
724-6701
check of Muskegon
•
Police Department records and a criminal history check show no
reason to deny this request.
l'lanning/ Zoning
72,1-6702
ALK/dl
PoliccDepL
724-11750
Puhlic Works
726-4786
Treasurer
72-1-6720
Wal er IJcpl. CiLy of Muskegon, P.O. Hox 536, 980 ,Jefferson SLreeL, Muskegon, Michigan 4944~-05:1G
7246718
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
June 28, 2004
Request ID: 265456
Muskegon City Council
Attn: Clerk
933 Terrace Street, PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Betak Enterprises Ill, Inc., requesting
transfer ownership 2004 SOD & SOM licensed business, located at 45 E. Muskegon, Muskegon 49440
in Muskegon County, from H & J, Inc.
Stockholders:
Saib Btk, 1254 Witham, North Muskegon, Ml 49445 (231) 578-3865
Samei Btk, 785 Mariwood Avenue, North Muskegon, Ml 49445 (231) 557-5083
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SOD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law
enforcement agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control 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
sr
LC-3104 Rev. 6/90
4880-2068
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • {517) 322-1345 Lansing Office
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 08-12-04
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 Betak Enterprises III, Inc.
located at 45 E. Muskegon Street, Muskegon, MI. 49441; former Kwik-Way store.
Betak Inc. is requesting to transfer ownership of 2004 SDD & SDM licensed business
with Sunday Sales permit from H&J, Inc. of Muskegon. Applicants Saib Btk of 1254
Witham, N. Muskegon, MI and Samei Btk of785 Mariwood Ave., N. Muskegon, MI.
49445 are representing Betak Enterprises, Inc. Both applicants have experience in the
alcohol service industry and are aware of the Muskegon Police Departments position on
enforcing local alcohol laws and ordinances. Records show that both applicants have
been owner of at least two other alcohol serving businesses located in the City of
Muskegon, 1500 N. Getty and 1813 N. Getty.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
data/common/liquor/Btk3
tf-.J cJ -o y
LIQUOR LICENSE REVIEW FORM
Business Name: _ __,D-....;:e:;....f'"""a""-'k'--____.6
-' -...LJ...._t.....
caL..c;.,.a
:.L.
:c...L: ~.....c""""\---/2..._/j.,_,~.___.....l. a"""'
1-..... . . c::...;_._ __ _ _
AKA Business Name (if applicable): _ _ _ __ _ __ __ _ __ __ _
Operator/Manager's Name: _ _ _ __ _ _ _ __ _ _ __ __ _ __
Business Address:
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other - - - -- - -- - -- - -- -- - -- -- - -- -- -
Deadline for receipt of all information: _ __ _ __ __ _ _ _ _ __
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:
Public Safety Approved cg/ Denied D Remaining Defects D
Department Signature (%= L . \~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
June 28, 2004
Request ID#: 265456
Muskegon Police Department
Attn: Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536
Chief Law Enforcement Officer
Applicant: Betak Enterprises Ill, Inc., request transfer ownership 2004 SOD & SOM licensed
business, located at 45 E. Muskegon, Muskegon 49440 in Muskegon County, from H & J, Inc.
Please make an investigation of this application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, 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.
Please include fingerprint card(s) and $30.00 for each card, and mail to the Michigan Liquor
Control Commission. (None Needed)
If you have any questions, contact the Licensing Division at (517) 322-1400.
sr
LC-1972 Rev 01/02
4880-1658
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • {517) 322-1345 Lansing Office
tf-JO -0 y
LIQUOR LICENSE REVIEW FORM
t:_ __./4-..<-<_,_t.....
Business Name: _ ___,D""""'-"e"-'.....ta........ c..s.,..~/;-L½.,_,~'---L/..L..12<...,:;c=-.;_,- -- - -
c,L..c;.,,...,12:..<..z:::...<.:1>..._s....
AKA Business Name (if applicable):
Operator/Manager's Name: _ _ __ _ _ __ _ _ __ _ __ _ __ _
Business Address:
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
----------------------------
Dead line for receipt of all informatim)i~
Income Tax I Approved ~ Owing D Amount: - - - -
Treasurer Approved D Owing D Amount: - - - -
Zoning Approved D Denied D Pending ZBA □
Clerk's Approved D Owing D Amount: - - - -
Public Safety Approved D Denied D Remaining Defects D
Department Signature_ _ ~----,;_~'-'----=: . .; :;,:;:;:======~--------
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name:
AKA Business Name (if applicable):
Operator/Manager's Name: _ _ __ _ __ _ __ __ _ __ __ __
Business Address:
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
- -- - -- - -- -- - -- - -- -- - -- - -- -- -
·Deadline for receipt of all information:
Income Tax Approved D Owing D Amount:
Treasurer Approved g' Owing D Amount:
Zoning Approved D Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Public Safety Approved D Denied D Remaining Defects D
Department Signature---'}--"f-'V09-: . ffi,,C-->,----cJb.
,ji:,e,.. -+-
f _J;,+~--'
- 4 _ _ _ _ _ _ _ _ _ __
~ / Z
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Na me: _ ____.,:D~e:::...fL...aloa..L.;f'(._..___J/4-..LJ'-Lt....c<.L.c;_,..a""v:-'-1-,..~.....c"""::S'---"b'-L/.L,~1---'-l-'-12.1..:.c=-=--,_ _ __ _
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: _ __ _ __ _ _ _ _ _ __ _ __ _ __
Business Address:
Reason for Review:
New License D Transfer of Ownership }If' 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: _ _ _ _ _ _ _ __ _ __ __
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved~ Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Public Safety Approved D Denied D Remaining Defects D
Department Signature~ £ d:,,.~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: _ ___,D
'""'--'e"'-f'-a><.LL.<i''--____.6-..LJ...L.t.,..coL..c;.,Ja:.L..c s....
l ,l. . <,;1.....
, c ....
----s:--1-lc.,../.<.,0.._.J,.I..L.12"-'c::..;_,- - - --
AKA Business Name (if applicable): _ __ _ _ _ __ _ _ _ __ __ _
Operator/Manager's Name: _ _ __ _ _ __ _ _ _ __ _ _ __ __
Business Address:
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
- -- - - - - - -- - - -- - - - - - -- - - -- - -
Deadline for receipt of all information: · _ _ _ _ __ _ _ _ _ __ __
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA □
.
Cler.k's Approved~ Owing D Amount ./)a.Ld4oo f
Public Safety Approved D Denied D Remaining Defects D
Department Signature_ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
JENNIFER M. GRANHOLM
GOVERNOR
8B
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
NIDA R.SAMONA
CHAIRPERSON
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
June 28, 2004
Request ID: 265456
Muskegon City Council
Attn: Clerk
933 Terrace Street, PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Betak Enterprises Ill, Inc., requesting
transfer ownership 2004 SDD & SDM licensed business, located at 45 E. Muskegon, Muskegon 49440
in Muskegon County, from H & J, Inc.
Stockholders:
Saib Btk, 1254 Witham, North Muskegon, Ml 49445 (231) 578-3865
Samei Btk, 785 Mariwood Avenue, North Muskegon, Ml 49445 (231) 557-5083
Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law
enforcement agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control 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
sr
LC-3104 Rev. 6/90
4880-2068
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
EXPLANATION AMOUNT 9-91/720
BETAK ENTERPRISES INC.
OBA L & G FAMILY MARKET
1813 S. GETTY ST.
MUSKEGON, Ml 49442
1467
----(D"O
PAY .~/ DOLLARS
CHECK
AMOUNT
MED. FED WITH STATE
QA' e_, $1 2.q{)~~
DESCRIPTION
NationalCily.
Nallon1! Ctty Bank ol Mithlganillllnolo
~,..,,,,,_,N~n
n·00 it.b ?11 1 1:0? 2000"l i 51:
•
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)721>5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager
Weat Michigan's Shoreline City
www.shorellnecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231 )724-4405 September 8, 2004
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
Betak Enterprises III
(231)724-6717 45 E. Muskegon
FAX (231 )726-250 I
Muskegon,MI 49440
Engineering
(23 I)724-6707
FAX (231)727-6904 Dear Sir:
Finance
(231)724-6713 This letter is to inform you that your request to transfer ownership of the 2004
FAX (231)724-6768
SDD and SDM licensed business will be presented to the City Commission on
Fire Department September 14, 2004. This meeting begins at 5 :30 p.m. and is located in the City
(231)724-6792
FAX (231)724-6985 Commission Chambers, 933 Terrace, Muskegon, MI.
Income Tax
(23 I)724-6770 This request has also been sent to the Jackson Hill Neighborhood Association for
FAX (231)724-6768 · their comments. It is Commission practice to let the Neighborhood Association
Info. Technology know of any liquor license requests that are located within their boundaries. This
(231)724-4126
FAX (231)722-4301 allows for comments from the people who live there and not just from the owners
of the business' who are located there.
Inspection Services
(231 )724-6715
FAX (231)728-4371 Sincerely,
Leisure Services
(231 )724-6704
FAX (231)724-1 I 96
Miiyor's OffiCe
(231)724-6701 Linda Potter
FAX (231)722-1214 Deputy Clerk
Planning/Zoning
(231)724-6702
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231 )724-4 JOO
FAX (231)722-4188
Treasurer
(231 )724,6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affinnative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5 I 81
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager West Michigan's Shoreline City
(231)724-6724 www.shorelineclty.com
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
September 8, 2004
Clerk
(231 )724-6705
FAX (231)724-4178
Comm. & Neigh.
Services Mr. Calvin Rucks, President
(231)724-6717
FAX (231)726-2501
Jackson Hill Neighborhood Assoc.
293 Erickson
Engineering
(231)724-6707 Muskegon, MI 49442
FAX (231)727-6904
Finance Dear Mr. Rucks:
(231 )724-6713
FAX (231)724-6768
We have received a letter from the Liquor Control Commission reference a
Fire Department
(231 )724-6792 request from Betak Enterprises III, Inc., 45 E. Muskegon (former Kwik Way) to
FAX (231)724-6985 transfer ownership of the 2004 SDM and SDD licensed business from H & J Inc.
Income Tax A SDM license permits the sale of beer and wine for consumption off the
(23 I)724-6770 premises only; and a SDM license permits the sale of alcoholic liquor, other than
FAX (231)724-6768
beer and wine under 21 percent alcohol by volume, for consumption off the
Info. Technology
(231)724-4126 premises only. On Tuesday, September 14, 2004, the City Commission will
FAX (231)722-4301 review this request and determine whether or not it should be recommended for
Inspection Services approval.
(231)724-6715
FAX (231)728-437 I
You are being sent this notice because the City Commission would like to know
Leisure Services how the Neighborhood Association feels and would appreciate any comments that
(231)724-6704
FAX (231)724-1196 they may have. You may send these comments to 933 Terrace, Muskegon, MI
Mayor's Office 49440 or attend the City Commission Meeting on September 14, 2004, at 5:30
(231)724-6701 p.m. in the Commission Chambers.
FAX (231)722-1214
Planning/Zoning If you have any questions, please feel free to contact me at 724-6705.
(23 I)724-6702
FAX (231)724-6790
Police Department
Sincerely,
(231)724-6750
FAX (231)722-5140
Public Works
(231 )724-4 l00
FAX (231)722-4188 Linda Potter
Deputy Clerk
Treasurer
(231 )724,6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4 !06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affirma1ivc Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231 )726-5181
Cemetery
(23 I)724-67 83
FAX (231 )726-5617
West Michigan's Shoreline City
City Manager www.shorellneclty,<::om
(23 I)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk September 16, 2004
(231)724-6705
FAX (231)724-4 I 78
Comm. & Neigh.
Services
(231)724-67 I 7
FAX (231)726-2501 Liquor Control Commission
Engineering
7150 Harris
(231)724-6707 PO Box 30005
FAX (231)727-6904 Lansing, MI 48909-7505
Finance
(23I)724-6713
FAX (231)724-6768 REF: #265456
Betak Enterprises III, Inc.
Firt Department
(231 )724-6792 45 E. Muskegon
FAX (231)724-6985 Muskegon, MI 49440
Income Tax
(23 I)724-6770
FAX (231)724-6768
To Whom It May Concern:
Info. Technology
(231)724-4126 Enclosed is the Resolution and form LC-1800 for Betak Enterprises III, Inc. that
FAX (231)722-4301 was recommended for approval at the September 14, 2004, City Commission
Inspection Services Meeting.
(231)724-6715
FAX (231)728-4371
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Leisure Services
(231)724-6704
FAX (231)724-1196 Sincerely,
Mayor's Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning Linda Potter
(231)724-6702
FAX (231)724-6790 Deputy Clerk
Police Department
(231)724-6750 Enc.
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
L.1..1.-- 11------· . L - - - 1 : - __ : , . , - - -
;l'.,4t_ '
STATE OF MICHIGAN --J, - '7S -uy
POLICE INSPECTION REPORT ON L,, .,QR LICENSE REQUEST LIQuOR CONTROL COMMISSrbN
(Authorized by MCL 436,1217) DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
sr
RID: 265456
Important: Please conduct your investigation as so~n as p.-ssible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission,
BUSINESS NAME AND ADDRESS: (include zip code) Betak Enterprises Ill, Inc,
45 E, Muskegon, Muskegon 49440 in Muskegon County (231) 728-2587
REQUEST FOR: Transfer ownership 2004 SDD & SDM licensed busmess with Sunday Sales permit from H & J, Inc,
I Section 1, APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
Saib Btk Samei Btk
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1254 Witham 785 Mariwood A venue
North Muskegon, MI 49445 North Muskegon, MI 49445
(231) 578-3865 (231) 557-5083
DATEOFBIRTH: ';;/-IJ-72- DATEOFBIRTH: /2,-2-73
lf the applicant is not a U,S, Citizen: If the applicant is not a U,S, Citizen:
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
□ Yes □ No □ Yes D No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fingerprinted: NONE NEEDED Date finaerorinted: NONE NEEDED
I Attach the fingerprint card and $30,00 for each card and mail to the Michigan Liquor Control Commission, I
ARREST RECORD: □ Felony □ Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor
Enter record of all arrests & convictions {attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2, Investigation of Business and Address to be Licensed I
~es applicant intend to have dancing or entertainment?
J"I--No □ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? )<[ No D Yes, explain relationship:
Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ,1(1'._Yes D No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
Section 4. Recommendation
From your investigation:
1, Is this applicant qualified to conduct this business if licensed? )~(Yes □ No
2. Is the proposed location satisfactory for this business? Ji[ Yes □ No
3. Should the Commission grant this request? fat"Yes □ No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
8 --/9 -O';I
Sign~~re (fillertfl-or Chief of Police) .Q§_te
Muskegon Police Department
LC-1800 Rev, 07/02
RID: 265456
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2004-Bl(b)
Ata Regular meeting of the City Commission
(Rogular or Special) ----...,,(T::-01>-·n..,..,,hi---,pU:-oa-rd,...,C=c-ity_o_r=v;1,-1ag-e.,,..Co-un---,cil,-
) ----
called to order by Vice Mayor Larson on September 14, 200~ 5:30 P.M.
The following resolution was offered:
Moved by Commissioner Spataro and supported by Commissioner Shepherd
That the request from Betak Enterprises III, Inc., 45 E. Muskegon, Muskegon,
MI 49440 in Muskegon County to transfer ownership of the 2004 SDD &
SDM Licensed Business with Sunday Sales permit from H & J, Inc.
be considered for ----=c....=.-----------,-(A-,---p-pro-va-:-
Approva 1 1 o-,o=";,-ap-pro-va-::-1)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
APPROVAL DISAPPROVAL
Yeas: 6 Yeas:
- - - - - - - - ----
Nays: 0 Nays :
- - - - -- - -- - - - - - - - - - - -- - - -
Absent: 1 Absent:
- - - - - - -- -- -
It is the consensus of this legislative body that the application be:
Recommended
- - - - -- ------=-=--=---=,.;,(R:.:.cecc..:.om-'-'-m.:..:•nd-,-:cd-'o'--
, n:..._01..,,.Rcc-·o-m-,no-nd,...,d,...)- - -- -- - - - - - - - - -
for issuance
State of Michigan - - - - -)
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Commission at a Regular
- - - - - - = " - , ,(R-eg---,ula-
: , o-r::-Sp---,oci---,al)_ _ _ _ _ __
(Township Board, Ci1y or Village Council)
meeting held on 9 - 14-04
(Dale)
SEAL
(Mailing address of Township, City of Villago)
Date: September 14, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Clover Bar
817 E. Forest Avenue
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request to transfer ownership of the 2004
Class C-SDM Licensed Business with Dance Permit by dropping Wayne
W. Brewer as stockholder by transfer of his 100 shares of stock to
Timothy W. Brewer.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Arfirmativc Action
724·6703
Assessor
724·6708
Cemetery
724·6783
West Michigan's Shoreline City
Civil 8crvicc August 18, 2004
72•1·6716
To: City Commission through the City Manager
Clerk
724 6705
From:
Ant ony L. Kleibecker, Director of Public Safety
Engineering
724-G707
Re: Liquor License Transfer Request
817 E. Forest Avenue (Clover Bar)
Finance
7246713
The Muskegon Police Department has received a request from the Michigan Liquor
~-irenc111. Control Commission for an investigation of applicant Brewer Enterprises II, Inc.
724·6792
Mr. Timothy W. Brewer of 626 Cambridge, Muskegon Ml, is representing Brewer
C.N.Scrvices Enterprises 11. He is requesting to transfer ownership of 2004 Class C-SDM licensed
72" 671
7 business with dance permit by dropping Wayne W. Brewer as stockholder through
transfer of his 100 shares of stock to new stockholder Timothy Brewer.
l11speclions
7246715 Timothy Brewer has owned Boondocks Bar at 226 E. White Lake Drive since 1996 and
the Brewers Tap bar at 1281 E. Broadway since 2001. He also had part ownership in
the Clover Bar from 2000 to early 2002 with his father, Wayne Brewer, but dropped his
~;!~~~~ervic§hare of ownership due to differences with Wayne. Timothy now wishes to assume full
ownership of the Clover Bar from his father due to issues Wayne is experiencing and
hopes to remedy some of the problems the bar has had. Timothy Brewer has been
Mana~cr'1s Offmade aware of the Muskegon Police Department's position on enforcing local alcohol-
W I 672<
related laws and ordinances.
~1ayor·sornc,A check of Muskegon Police Department records and a criminal history check show no
72,16701 .
reason to deny this request.
Plan11l11g/Zo11i11g
724·U702
ALK/dl
Police Dept.
724-6750
Public Works
726 ,1786
Treasurer
724·(l720
WmerDe111. City or Muskegon, P.O. 13ox 536, 980 Jel'ferson Street, Muskegon, Michigan 49443-0536
724·6718
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 08-17-04
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 Brewer Enterprises II, Inc.
located at 817 E. Forest Street, Muskegon, MI. 49442; currently named Clover Bar. Mr.
Timothy W. Brewer, of626 Cambridge, Muskegon, MI. 49441, is representing Brewer
Enterprises II.
Brewer Enterprises II is requesting to h·ansfer all stock in 2004 Class C-SDM licensed
business with Dance Permit by dropping Wayne W. Brewer as stockholder through
transfer of his 100 shares of stock to new stockholder, Timothy Brewer. Timothy Brewer
has experience in the alcohol service industry and has been made aware of the Muskegon
Police Departments position on enforcing local alcohol laws and ordinances. Mr. Brewer
has owned Boondocks Bar, 226 E. White Lake Dr, from 1996 to present and also owns
Brewers Tap, 1281 E. Broadway, 2001 to present. Timothy had ownership in the Clover
Bar from 2000 to early 2002 with his father, Wayne Brewer. Due to differences with his
father, Timothy dropped his share of ownership at that time. Timothy now wishes to take
full ownership of the establishment from his father due to issues his father is experiencing
and wishes to remedy some of the problems the bar has had.
A check ofMPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
r ~
//~/·····~
Det. Kur1:I5ykman
data/common/liquor/Brewer
Michigari f"\"oartment of Labor & Economic Growth
POLICE INSPECTION REPORT ON d .)R LICENSE REQUEST MICHIO LIQUOR CONTROL COMMISSION
7150 Harris Drive
Req ID# 259692 (Authorized by MCL 436.1217) P.O. Box 30005
Lansing, Michigan 48909-7505
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code)
BREWER ENTERPRISES II, INC., 817 FOREST, MUSKEGON, Ml 49442, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER ALL STOCK IN 2004 CLASS C-SDM LICENSED BUSINESS WITH DANCE
PERMIT BY DROPPING WAYNE W. BREWER AS STOCKHOLDER THROUGH TRANSFER OF HIS
100 SHARES OF STOCK TO NEW STOCKHOLDER, TIMOTHY W. BREWER.
I Section 1. APPLICANT INFORMATION
APPLICANT #1: NO FINGERPRINTS REQUIRED APPLICANT #2:
TIMOTHY W . BREWER - STOCKHOLDER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
626 CAMBRIDGE
MUSKEGON, Ml 49441
H(231 )798-7050/6(231 )343-2840
DATE OF BIRTH: p-/ -lZ DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
0 Yes □ No 0 Yes □ No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fingerprinted: fr- n - OC/ Date fingerprinted:
Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: □ Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
D No ~Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? Jit.No 0 Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ~Yes □ 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? )81 Yes O No
2. Is the proposed location satisfactory for this business? ~ Yes O No
3. Should the Commission grant this request? Di{Yes O 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)
~ - 19 - oY
Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
7--t - oLf J:o,
STATE OF MICHIGAN
' EPARTMENT OF LABOR & ECONOMIC GROWTr
LIQUOR CONTROL COMMISSION REQID:259692
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
BREWER ENTERPRISES 11, INC . (231) 343-2840
APPLICANT/LICENSEE PHONE NUMBER
817 E. Forest Muskegon Muskegon 49442
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers. YES 'Si_ NO □ NIA □
2. Describe the type of entertainment applicant/licensee will provide: N/A □
Music & lfaraoke
3. Will this entertainment include topless activity? YES □ NO □ NIA )(
LAW ENFORCEMENT RECOMMENDATION
DANCE PERMIT YES -~ NO □ NIA □
ENTERTAINMENT PERMIT YES □ NO □ NIA 1;J
TOPLESS ACTIVITY PERMIT YES □ NO □ NIA IE:_
8-17-04
DATE SUBMITTED CESIGNATURE
Muskegon Police (231) 724-6750
DEPARTMENT NAME PHONE NUMBER
980 J efferson St. Muskegon
ADDRESS CITY
LC-693N REV 5/98
4880-0652
Mic, .. ~an Department of Labor & Economic t,, owth
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4)]
To: MUSKEGON POLICE DEPARTMENT Date: May 14, 2004
CHIEF OF POLICE REF#: 259692
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
BREWER ENTERPRISES II, INC. REQUESTS TO TRANSFER ALL STOCK IN 2004 CLASS C-SDM
LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 817 FOREST, MUSKEGON, Ml 49442,
MUSKEGON COUNTY, BY DROPPING WAYNE W. BREWER AS STOCKHOLDER THROUGH
TRANSFER OF HIS 100 SHARES OF STOCK TO NEW STOCKHOLDER, TIMOTHY W. BREWER.
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 and recommendations of the applicant to the Licensing Division.
If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
7- 1:2. -o '/
LIQUOR LICENSE REVIEW FORM
Business Name: _ __,/j-"---'/l___::e:::......::..:u.):;...;c"-'_r _ _L...._114-...:..-l_.co-L0...pL)<....:r'._,_l--=::~"-e""'-s=---=-l......,l,1-,___,;_/_n_L_.- - -
AKA Business Name (if applicable): _ _------JC~/-=o'--"V c,....c_---'-/J~a""""·"-r___
........... _
Opera tor/Manager's Name: _ __ ---Ll_,_,.'r~JJo_,_/:....;i..J,.,4-Y_.....,U~_
.. · ----<>,{i,L.,!_/'i~c~w""'-"-e-'_
-r __
Business Address: JJ/ 7 Eo,csf
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 NameX New Entertainment Permit D
Other
- - -- - - -- - -- - -- - - - - - - - -- -----
Deadline for receipt of all information:
Public Safety Approved ~ Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature 1- L ✓ 1~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) and MAC 1105(2)(d))
Req ID: 259692
Date: May 14, 2004
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: BREWER ENTERPRISES II, INC.
Home Address And Phone No:
TIMOTHY W. BREWER, 626 CAMBRIDGE, MUSKEGON, Ml 49441 H(231)798-7050/B(231 )343-2840
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. 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 Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 9/17
4880-1234
LIQUOR LICENSE REVIEW FORM
Business Name: _ _....,{3-,;.....:/j.....;;e:....;:;.;;u./'.;....;c"-'r
___ /,.,_._..;.../_h_L_._ __
L..._.IJ....,_,_i-"c.....0-LJ"---'t'._.1...;;:~=-=-(::s=-...:...1......
AKA Business Name (if applica hie): _ ___,{2__../-=o_.11._._C._C_ __,_;J;;;;.......:q"--"-r_ _ __
'-
Operator/Manager's Name: _ _ _ _ r_/~>~no_r_i_y__&)_.~iJ~/c-C~W~c.....r_ __
Business Address: J> / 7 Eo,csf
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 NameX New Entertainment Permit D
Other
- - - - - - - - - - - - - - - - - - - - - - - - - --
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved W 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
7 - 1:2 - 0 'j
LIQUOR LICENSE REVIEW FORM
Business Name: _ _.....!3-.....((
.....e;:;.....;..au/....:c"-'_ L. . .a..
-r _ _,_-J__,c.......r;...,,.IJ'-'r.-'l.....
~,.,_C=-..S-=--___ _/_n_l._.- - -
J_!;,__•
AKA Business Name (if applicable): _ _ _...._C,,,_,_,/o;:....,,..J/....,._c...Lc_ _=/3:......=ac....ar
_ _ _ __
Operator/Manager's Name: _ _ ____._l_._1...a."r.;..o..a:;720--'t:-i--.Y-_u/""'--_.__..l>~✓c....c...,w...._.e-'-r
_ _ _
Business Address: J>/ Z Eo,csf
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;t(' New Entertainment Permit D
Other
----------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ __ _
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved ~ Owing D Amount:
Zoning Approved D Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signatur4 ~ 2
Please return to the City Clerk's Office '
Gail A. Kundinger,
Liquor License Coordinator
7 - 1:2. -0 '/
LIQUOR LICENSE REVIEW FORM
Business Na me: _ __,L.3...._./'c_;:e=--=-=w'.:....:C"'_""r __,_c!,
... ____;_
-l_.c.....c;-Pa....r_,,1...:::~,._<:..._-..s=--..:.../.....,/,,....
12.<+..... . / _n _L_._ __
AKA Business Name (if applicable): ____{2____
/o~II-C_c__~/J~a~r
_____
°r-----=Oo.....f-_i_y_
Operator/Manager's Name: _ _ ____._L_._
/..._ _.u. . .V.__•___._.
f5........
1c...c.... w
. . . . e. . .r.___
RECEIVED
Business Address: J> / z
CITY OF Ml/Sl<Ec10N
Reason for Review: PLANNING DEPARTMENT
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder NameX New Entertainment Permit D
Other
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved_~ Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature U
Please return to the City Clerk's Office
~~~
Gail A. Kundinger,
Liquor License Coordinator
7- 1:2.-0 'I
LIQUOR LICENSE REVIEW FORM
Business Na me: -----'{3
__._f'e=-=-u/:;....aa..c"-r_ . ----'--
_,L__._1J1-1~c.....,'tp&;,IJ...,_l"...t..1""'"~'--'~....,.s=--..:../.....,/,,__ / _n_c.._._ __
AKA Business Name (if applicable): _ _ _...._C...........,/0:;......L.11......c_._c__"-"/3'--=q'-____
-'r _
Operator/Manager's Name: _____ 1.....·m""""-=-o..... T. . .
J-_i__¥_.....u/
...._
. ___._.6........_/c..-C...,.W
...........e. .r. _ __
Business Address: J>/ 7 Forest
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 NameX New Entertainment Permit D
Other
----------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved ~ Denied D Pending ZBA □
Clerk's Approved 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
7 - 1:2.-oy
LIQUOR LICENSE REVIEW FORM
Business Name: --""""'(3,-;.._0
.....e=--=-W<~C.;...r_ _,L-.J..l},j-'-f...... 1_._1""""~--'c:=-s~.a.../,._,/,1--._/_n_L_.___
C....,t;-JJ.....
AKA Business Name (if applicable): --~C._...../-o-V:~C-C_~;J_q-r____
Opera tor/Manager's Name: _ _ _ ---J.L
. ./_,_'r~!20_.f-.....;i--.st_ _,u/"""'-_._...,f>"'-'-/c_..C.....W"-"-"e-'-r
_ __
Business Address: J> / 7 Eorcsf-
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 NameX New Entertainment Permit D
Other
---------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Fjre/lnspections Approvedfii Denied D Remaining Defects D
Please return to the City Clerk's Ot:fi e
Gail A. Kundinger, \
Liquor License Coordinator
7- 1:2.-0 'j
LIQUOR LICENSE REVIEW FORM
Business Name: II, Inc...
AKA Business Name (if applicable): _ _ _...._{2...........,/0:;......L.V:......c. .c
. .__/3:...=--=q'-_
--'r _ _ __
Opera tor/Manager's Name: _ _ ___._l
. .1..,_'r~Oo
. .... l-_i___y____u....v...__.___._. .6. . . C....,W.........<'........ r_ __
1(
....
Business Address: cf I z EorCS r
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 NameX New Entertainment Permit D
Other
----------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA □
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved ~ Denied D Remaining Defects D
Department Signature ~ '- . l ~ 7 - /J - O Y
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX(231)72&-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.ahorellneclty.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405 September 8, 2004
Clerk
(231 )724-6705
FAX (231)724-4178
Comm. & Neigh. Mr. Timothy W. Brewer
SerYices
(231)724-6717 626 Cambridge
FAX (231)726-2501
Muskegon,MI 49441
Engineering
(231 )724-6707
FAX (231)727-6904 Dear Mr. Brewer:
Finance
(231)724-6713 This letter is to inform you that your request to transfer ownership of the 2004
FAX (231)724-6768 Class C-SDM licensed business will be presented to the City Commission on
Fire Department September 14, 2004. This meeting begins at 5:30 p.m. and is located in the City
(231 )724-6792 Commission Chambers, 933 Terrace, Muskegon, ML
FAX (231 )724-6985
Income Tax
(23 I)724-6770 This request has also been sent to the Oakview Neighborhood Association for
FAX (231)724-6768 their comments. It is Commission practice to let the Neighborhood Association
Info. Technology know of any liquor license requests that are located within their boundaries. This
(231 )724-4126 allows for comments from the people who live there and not just from the owners
FAX (231)722-4301
of the business' who are located there.
Inspection Services
(231)724-6715
FAX (231)728-4371 Sincerely,
Leisure Services
(231 )724-6704
FAX (231)724-1196
Mayor's Office Linda Potter
(231)724-670 I
FAX (231)722-1214 Deputy Clerk
Planning/Zoning
(231 )724-6702
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231 )724-4100
FAX (231)722-4188
Treasurer
(23 I)724-6720
FAX (231)724-6768
Water Billing
(23 I )724-6 7 I 8
FAX (231)724-6768
Water Filtration
(23 I)724-4 I 06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
httn!//www .shoreli neci tv .com
Affinnative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)72tr5181
Cemetery
(231 )724-6783
FAX (231)726-5617
West Michigan?s Shoreline City
City Manager www.shorellneclty.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405 September 8, 2004
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh. Mr. Steve Borstler, President
Services
(231)724•6717 Oakview Neighborhood Assoc.
FAX (231)726-2501
1255 Fleming
Engineering Muskegon,MI 49442
(231 )724-6707
FAX (231)727-6904
Dear Mr. Borstler:
Finance
(231)724-6713
FAX (231)724-6768 We have received a letter from the Liquor Control Commission reference a
Fire Department request from Timothy W. Brewer, 817 E. Forest (Clover Bar) to transfer
(231 )724-6792 ownership of the 2004 Class C-SDM licensed business with dance permit by
FAX (231)724-6985
dropping Wayne W. Brewer as stockholder. A SDM license permits the sale of
Income Tax beer and wine for consumption off the premises only; and a Class C license
(231 )724-6770
FAX (231)724-6768 permits the sale of beer, wine, or liquor for consumption on the licensed premises.
Info. Technology On Tuesday, September 14, 2004, the City Commission will review this request
(231)724-4126 and determine whether or not it should be recommended for approval.
FAX (231)722-4301
Inspection Services You are being sent this notice because the City Commission would like to know
(231)724-6715
FAX (231)728-4371 how the Neighborhood Association feels and would appreciate any comments that
Leisure Services
they may have. You may send these comments to 933 Terrace, Muskegon, MI
(231 )724-6704 49440 or attend the City Commission Meeting on September 14, 2004, at 5:30
FAX (231)724-1196
p.m. in the Commission Chambers.
Mayor's Office
(231 )724-670 I
FAX (231)722-1214 If you have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
(231)724-6702 Sincerely,
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Linda Potter
Public Works
(231)724-4100 Deputy Clerk
FAX (231)722-4188
Treasurer cc: Ms. Judy Meisch
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affinnative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.shorellnecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405 September 8, 2004
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh. Mr. Steve Borstler, President
Services
(231)724-6717 Oakview Neighborhood Assoc.
FAX (231)726-2501
1255 Fleming
Engineering Muskegon,MI 49442
(23 I)724-6707
FAX (231)727-6904
Dear Mr. Borstler:
Finance
(231)724-6713
FAX (231)724-6768 We have received a letter from the Liquor Control Commission reference a
Fire Department request from Timothy W. Brewer, 817 E. Forest (Clover Bar) to transfer
(231 )724-6792
FAX (231)724-6985
ownership of the 2004 Class C-SDM licensed business with dance permit by
dropping Wayne W. Brewer as stockholder. A SDM license permits the sale of
Income Tax
(231 )724-6770 beer and wine for consumption off the premises only; and a Class C license
FAX (231)724-6768 permits the sale of beer, wine, or liquor for consumption on the licensed premises.
Info. Technology On Tuesday, September 14, 2004, the City Commission will review this request
(231)724-4126 and determine whether or not it should be recommended for approval.
FAX (231)722-4301
Inspection Services You are being sent this notice because the City Commission would like to know
(231)724-6715
FAX (231)728-4371 how the Neighborhood Association feels and would appreciate any comments that
Leisure Services they may have. You may send these comments to 933 Terrace, Muskegon, Ml
(231 )724-6704 49440 or attend the City Commission Meeting on September 14, 2004, at 5 :30
FAX (231)724-1196
p.m. in the Commission Chambers.
Mayor's Office
(23 I)724-670 I
FAX (231)722-1214 lfyou have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
(23 I)724-6702 Sincerely,
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
Linda Potter
(23 I )724-4 JOO Deputy Clerk
FAX (231)722-4188
Treasurer cc: Ms. Judy Meisch
(23 I)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(23 I )724-4 I06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinccity,c_Q111
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BREWER ENTERPRISES II, INC.
OBA CLOVER BAA
817 E. FOREST AVE.
MUSKEGON, Ml 49442
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Affinnative Action
(231)724-6703
FAX (23 1)722-1 2 14
Assessor
(231 )724-6708
FAX (231)726-5181
ce·metery
(231)724-6783
FAX (231)726-5617
City Manager Weat Michigan's Shoreline City
(231 )724-6724 www.ahorellneclty.com
FAX (231)722-1214
Civil Service
(23 I )724-6716
FAX (231 )724-4405
Clerk
(231)724-6705 September 16, 2004
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-67 I 7
FAX (231)726-2501 Liquor Control Commission
Engineering 7150 Harris
(231)724-6707 PO Box 30005
FAX (231)727-6904
Lansing, MI 48909-7505
Finance
(231)724-6713
FAX (231)724-6768 REF: #259692
Fire Department Brewer Enterprises II, Inc.
(231 )724-6792 817 Forest
FAX (231)724-6985
Muskegon,MI 49442
Income Tax
(231 )724-6770
FAX (231)724-6768 To Whom It May Concern:
Info. Technology
(231 )724-4126 Enclosed is the Resolution, form LC- 1800, and the Local Law Enforcement
FAX (231)722-4301
Agency Report for Brewer Enterprises IT, Inc. that was recommended for
Inspection Services approval at the September 14, 2004, City Commission Meeting.
(231)724-6715
FAX (231)728-4371
Please do not hesitate to call me at n.1 n 7?4-670, ifwm 1-,,..,,. """" ,.,,.,,.,.t:~..,"
Leisure Services
(231)724-6704
FAX (231)724-1196 SENDER: COMPLETE THIS SECTION
Sincerely,
■ Complete item s 1, 2, and 3. A lso co mplete
Mayor's Office
(231)724-6701 item 4 If Restricted Delivery is desired.
FAX (231)722-1214 ■ Print your nam e and address on the reverse •
so th at we can return the card to you.
Planning/Zoning ■ Attach this card to the back of the mailpiece,
(231)724-6702 Linda Potter o r o n the front if space permits.
D. Is delivery ad different from i
FAX (231)724-6790
Police Department
Deputy Clerk 1. Article Addressed to:
L.1guor Col'1f-,o/ to1nm/01~//
If YES, enter delivery address b~e:::::~~~~~~~~~
, ,o,
(231)724-6750
FAX (231)722-5140
Enc. ~JJN
~~?€r1fG.
7/S-o Harr, ·->
Public Works
(231)724-4100
FAX (231 )722-4188 jJ o /Jox 3. Service Type
ft!'- Certified Mail D Express
Treasurer □ Registered D Return Fl = ===:::::::;:;~ ~~
(231)724-6720
/11/ '(cf'/OJ- 7.>0S- D Insured Mail □ C. 0.D.
FAX (231)724-6768 4. Restricted Delivery? (Extra Fee)
Water Billing 2.ArticleNumber 7000 o.S-P,O OOI,' J7fl 7f~J
(231)724-6718 (rransfer from service label)
FAX (231)724-6768
PS Form 3811 , August 2001 Domestic Return Receipt
Water Filtration
(23 I )724-4106 PS Form 3800, February 2000 See Rev
FAX (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
a.. ... _.,,......,...., c-hn.,.,,.linPritv c-nm
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-518 I
Ce.metery
(231)724-6783
FAX (231)726-5617
City Manager West Michiga.n's Shoreline City
(231)724-6724 www.shorellneclty.com
FAX {2ll)722-f214.
CiVili~ervi~-~
(23 I)724-6716
FAX (231)724-4405
Clerk_
(231)724-6705 September 16, 2004
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 Liquor Contr8f Commission
Engineering 7150 Harris
(23 I )724-6707 PO Box 30005
FAX (231)727-6904
Lansing, MI 48909-7505
Finance
(231)724-6713
FAX (2}1)724-6768 REF: #259692
.: .,
Fire Department Brewer Entr~rprises II, Inc .
(23 I )724-6792 817 Forest
FAX (231)724-6985
Muskegon, MI 49442
Income Tax
(23 I)724-6770
FAX (231)724-6768 To WhoniILMay, Concern:
Info. Technology
(23 I)724-4126 Enclosed is t1w"1Resolution, form LC-1800, and the.Local Law Enforcement
FAX (231)722-4301
Agency.Report for Brewer Enterprises II, Inc. that was recommended for
Inspection Services approviil at the September 14, 2004, City Commission Meeting.
(231)724-6715
FAX (231)728-4371
Ple~se do not. hesitate to call me at (211) 7?4-670~ ifvcm how• om, nnPo+;~"o
Leisure Services
(231)724-6704
FAX (231)724-1196 Sincerely,
Mayor's Office 111 Complete items 1, 2, and 3. Also complete
(231)724-6701 item 4 if Restricted Delivery is desired.
FAx (23_1)722-1214 11 Print your name and address on the reverse
so that we can return the card to you. B. · Received by ( Printed Name) C. Date of Delive
Planning/Zoning 1111 Attach this card to the back of the mailpiece,
(231)724-6702 Lirida Potte:r or on the front if space permits.
Deputy Clf~rk D. !s delivery ad ss different from item~- D Yes
FAX (231)724-6790 · 1.. Arti6!e Addressed to: , lf YES, enter delivery address bc5x:" QOgto
PoJice Department
(231)724-6750
/.., 0VO/' Co" T/"o / {;ofl1m/s.rr~r, pQSi OFFl<'tHfGAN 8909
Enc. LANSING, Ml
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188 fJ o t3o.x 3. Service Type
fi9, Certified Mail □ Express Mail
Treasurer D Registered D Return Receipt for Merchandi
(23 I)724,6720 _,· □ Insured Mail □ c.o.o.
FAX (231)724-6768 4. Restricted Delivery? (Extra Fee) D Yes
Waler Billing 2. Mcie Number 7000 OS"P, 0 OOI'/ J 7 fl 7 7 f{,J
(231)724-6718 (Transfer from service fabelj
FAX (231)724-6768
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-·
Water Filtration
(231)724-4!06
FAX (231)755-5290
~i&W,it-imtil®•i@IW,,Ji11.l il flfJI WMU¾@ffi§ffl~
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
httn!//~ 11i:hnr1>lin<>ritv rnm
Michigan ""nartment of Labor & Economic Growth
POLICE INSPECTION REPORT ON LI JR LICENSE REQUEST MICHi( LIQUOR CONTROL COMMISSION
7150 Harris Drive
Reg ID# 259692 (Authorized by MCL 436.1217) P.O. Box 30005
Lansing, Michigan 48909-7505
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip cede)
BREWER ENTERPRISES II, INC., 817 FOREST, MUSKEGON, Ml 49442, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER ALL STOCK IN 2004 CLASS C-SDM LICENSED BUSINESS WITH DANCE
PERMIT BY DROPPING WAYNE W. BREWER AS STOCKHOLDER THROUGH TRANSFER OF HIS
100 SHARES OF STOCK TO NEW STOCKHOLDER, TIMOTHY W. BREWER.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: NO FINGERPRINTS REQUIRED APPLICANT #2:
TIMOTHY W. BREWER - STOCKHOLDER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
626 CAMBRIDGE
MUSKEGON, Ml 49441
H(231 )798-7050/8(231 )343-2840
DATE OF BIRTH: ~-/-l7 DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
□ Yes □ No □ Yes □ No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finaerorinted: ff· 17-o'I Date finaerorinted:
I Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: □ Felony □ Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
D No Ill
Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? Jij No □ Yes, explain relationship:
J Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ~ Yes □ No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
J Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ,li!l Yes □ No
2. Is the proposed location satisfactory for this business? Bl. Yes D No
3. Should the Commission grant this request? IX'.Yes □ No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
Date
MUSKEGON POLICE DEPARTMENT
7- 7- 0</
LC-1800 Rev. 07/02
']: () '
STATE OF MICHIGAN
•EPARTMENT OF LABOR & ECONOMIC GROWTJ'
LIQUOR CONTROL COMMISSION REQ ID: 259692
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
BREWER ENTERPRISES II, INC. (231) 343-2840
APPLICANT/LICENSEE PHONE NUMBER
817 E. Forest Muskegon Muskegon 49442
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers. YES Jg'. NO □ NIA □
2. Describe the type of entertainment applicant/licensee will provide: NIA □
music & Karaoke
3. Will this entertainment include topless activity? YES D NO D NIA ~
DANCE PERMIT YES ;@.._ NO □ NIA □
ENTERTAINMENT PERMIT YES □ NO □ NIA Ji!!
TOPLESS ACTIVITY PERMIT YES □ NO □ NIA ~
8-17-Q4
DATE SUBMITTED
Muskegon Police (231) 724-6750
DEPARTMENT NAME PHONE NUMBER
980 Jefferson St. Muskegon
ADDRESS CITY
LC-693N REV 5198
7-/- Uc°/ J: c),
4880-0652
Req ID # 259692
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
o<OOL/ - J> l (c )
At a Regular meeting of the City Commission
---~(R-c
gu..,..
la-ro-=r
S,-p
cc-,-ia"""I
) ------ (Township Hoard, City or Village Council)
called to order by Vice Mayor Larson on 9-14-04 5:30
at - - - - - P.M.
The following resolution was offered:
Moved by Commissioner Spataro and supported by Commissioner Shepherd
That the request from BREWER ENTERPRISES II, INC. TO TRANSFER ALL STOCK IN 2004 CLASS C
LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 817 FOREST, MUSKEGON, Ml 49442,
MUSKEGON COUNTY, BY DROPPING WAYNE W . BREWER AS STOCKHOLDER THROUGH TRANSFER OF
HIS 100 SHARES OF STOCK TO NEW STOCKHOLDER, TIMOTHY W . BREWER.
be considered for Approval
- - - = - = - - - - - - - -(- Ap-pr-
ova
--,--1o-rD--i,-ap-pro-val-)- - - - - - - - - - - - - - - -
APPROVAL DISAPPROVAL
Yeas: 6 Yeas:
----------- -----------
Nays: 0 Nays:
- -- - - - - - - - - -----------
Absent: - -1 - - - - - - - - Absent: - - - - - - - - - -
It is the consensus of this legislative body that the application be:
Recommended for issuance
--------------,,(R
=e,-om_m_cnd.,-
- cd:-o-rn-otR=-ec-on-,m-end.,....ed""")- - - - - - - - - - - - - -
State of Michigan - - - - -)
§
County of Mus!<egon )
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_o_m_m_i_s_s_i_o_n_ _ _ _ at a _ _ _R_e_g_u_l_a_r_ _ _ _ _ _ _ __
(Township Board, City or Village Council) (Regular or Special)
meeting held on 9-14-04
- - - - - - , (D
,--at--,-
c) - -
SEAL (Signed)tk-D- ~ t i.,
Gail A. Kundinger, City Clerk
9 33 Terrace
Muskegon, MI 49440
(Mailing address of Township, Ci ty of Village)
AGENDA ITEM _ _ _ _ _ __
CITY COMMISSION MEETING 9/06/04
TO: Mayor and City Commission
FROM: Lee Slaughter, Assistant City Manager
Mohammed Al-Shatel, City Engineer
DATE: September 7, 2004
RE: Telecommunication Permit- The Shoreline Fiber Network Partners -
Under the METRO Act
SUMMARY OF REQUEST
Authorize the Mayor to sign the permit application submitted by The Shoreline Network
Partners. Submittal of the permit application is in response to the Cfry opting into the
state's METRO Act. All necessary reviews including City Attorney, Engineering Dept.,
Finance Dept. and City Manager's Office have been completed.
FINANCIAL IMPACT
None.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
To approve the permit and authorize the Mayor to sign the document.
COMMITTEE RECOMMENDATION
None.
Page 1 of 1
Kundinger, Gail
From: Slaughter, Lee
Sent: Wednesday, August 04, 2004 12:10 PM
To: AI-Shatel, Mohammed
Cc: Schrier, John (attorney); Lewis, Elizabeth; Kuhn, Bob; Kundinger, Gail
Subject: METRO Act Permit App. Request
Mo, as you are aware, on Aug. 2, the Clerk's Office received an application under the METRO Act from The
Shoreline Fiber Network Partners. Gail forwarded same to us for processing. We have 45 days to grant or deny
the request or risk a $40,000 fine per day. Steps involved: Engineering dept. (for technical approval) and the City
Attorney (for legal approval) have to review the packet, take necessary action and advise the Manager's Office to
approve or not. We have to ensure that proper Insurance Coverage is in place, etc. I suggest we try to process
the application over the next two weeks and shoot to have it on the Commission Agenda for 8/24 - which means,
it has to be submitted for agenda review on 8/18. If for whatever reason we are unable to meet the proposed
timeline, our next and final opportunity will be for the 9/14 Commission meeting (which by then will be the 43 rd -day
with Thursday, 9/16 being the 451h - day as well as the deadline dale).
A copy the application packet is being forwarded to John and Beth. I await response from you and John.
Thank you.
8/4/2004
METRO Act Permit Application Form
Revised 12/06/02
City of Muskegon
Name of Local Unit of Government
APPLICATION FOR
ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY
TELECOMMUNICATIONS PROVIDERS
UNDER
METROPOLITAN EXTENSION TELECOMMUNICATIONS
RIGHTS-OF-WAY OVERSIGHT ACT
2002 PA48
MCLA SECTIONS 484.3101 TO 484.3120
BY
The Shoreline Fiber Network Partners:
Muskegon Area Intermediate School District, Fiscal Agent
The County of Muskegon
Muskegon Central Police Dispatch
Unfamiliar with METRO Act?--Assistance: Municipalities unfamiliar with Michigan
Metropolitan Extension Telecommunications Rights-of-Way Oversight Act ("METRO Act")
pe1mits for telecommunications providers should seek assistance, such as by contacting the
Communications Division of the Michigan Public Service Commission at 517-241-6210 or via
its web site at http://www.michigan.gov/mpsc/0,1607,7-159-16372_22707---,00.html
45 Days to Act-Fines for Failure to Act: The METRO Act states that "A municipality shall
approve or deny access under this section within 45 days from the date a provider files an
application for a permit for access to a public right-of-way." MCLA 484.3115(3). The
Michigan Public Service Commission can impose fines of up to $40,000 per day for violations of
the METRO Act. It has imposed fines under the Michigan Telecommunications Act where it
found providers or municipalities violated the statute.
Where to File: Applicants should file copies as follows [municipalities should adapt as
appropriate-unless otherwise specified service should be as follows]:
-- Three (3) copies (one of which shall be marked and designated as the master copy) with the
Clerk at: City of Muskegon 933 TERRACE ST PO BOX 536 MUSKEGON, MI 49443-0536
City of Muskegon
Name of local unit of government
APPLICATION FOR
ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY
TELECOMMUNICATIONS PROVIDERS
By
The Shoreline Fiber Network Partners:
Muskegon Area Intermediate School District, Fiscal Agent
The County of Muskegon
Muskegon Central Police Dispatch
This is an application pursuant to Sectio11s 5 <md 6 of the Metropolitan
Exte11sion Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 (the
"METRO Act'') for access to and ongoing usage of the public right-of-way,
i11cludi11g public roadways, highways, streets, alleys, easements, a11d waterways
("Public Ways'? in the Municipality for a telecommunications system. The
METRO Act states that "A municipality shall approve or de11y access under this
section within 45 days ji·om the date a provider files an applirntion for a permit
for access to a public rigltt-of-way." MCLA 484.3115(3).
This "JJplication must be accompmiied by a 011e-time applicatio11 fee of $500,
unless the applicant is exempt ji·o111 this requirement muter Section 5(3) of the
METRO Act, MCLA 484.3105(3).
1 GENERAL INFORMATION:
1. I Date: March 3 2004
1.1.1 Applicant's Legal Name: Muskegon Area Inte1mediate School District,
Fiscal Agent
Mailing Address: 630 Harvey Street, Muskegon, MI 49442
Phone: 231-767-7237
Fax Number: 231.773.1028
Corporate Website: www.Muskegon-isd.kl2.mi.us
2
Name and title of Applicant's local manager (and, if different) contact
person regarding this application:
Manager: Rosemary Cary, Director of Technology
Contact: Tim Brown, Regional Network Manager
Mailing Address: 630 Harvey sireet
Muskegon, MI 49442
Telephone Number: 231-767-7237
Fax Number: 231.773.1028
E-mail Address: timbrown@remc4.kl2.mi.us
1.2 Type of Entity: (Check one of the following)
Corporation
General Partnership
Limited Partnership
Limited Liability Company
Individual
ISD Other, please describe: Exempt Intermediate School District under
Michigan School Code, MT Act & Metro Act
1.3 Assumed name for doing business, if any: NA
1.4 Description of Entity:
Agency of the State of Michigan - Intermediate School District, Michigan School
Code
1.5 Attach copies of Applicant's most recent annual report (with state ID number)
filed with the Michigan Department of Consumer and Industry Services and certificate of good
standing with the State of Michigan. For entities in existence for less than one year and for non-
corporate entities, provide equivalent information.
Exempt Public School Entity - Under Michigan Telecommunications Act and Metro Act.
1.6 Is Applicant aware of any present or potential conflicts of interest between
Applicant and Municipality? If yes, describe: ~ N ~ o ~ - - - - - - - - - - -
I. 7 In the past three (3) years, has Applicant had a permit to install
telecommunications facilities in the public right of way revoked by any Michigan municipality?
Circle: Yes ~
Il 'yes, "please describe the circumstances.
3
1.8 In the past three (3) years, has an adverse finding been made or an adverse final
action been taken by any Michigan comi or administrative body against Applicant under any law
or regulation related to the following:
1.8.1 A felony; or
1.8.2 A revocation or suspension of any authorization (including cable
franchises) to provide telecommunications or video programming services?
Circle: Yes l,y_;ij
If 'yes," please attach a fit!! description of the parties and matters involved, including an
identification of the court or administrative body and any proceedings (by dates and file
numbers, if applicable), and the disposition of such proceedings.
1.9 [If Applicant has been granted and cmTently holds a license to provide basic local
exchange service, no financial information needs to be supplied.] If publicly held, provide
Applicant's most recent financial statements. If financial statements of a parent company of
Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please
explain. NONE -- Exempt
1.9.l If privately held, and if Municipality requests the information within 10
days of the date of this Application, the Applicant and the Municipality should make
a1rnngements for the Municipality to review the financial statements.
If no financial statements are provided, please explain and provide particulars.
Agency of the State of Michigan - Intermediate School District
2 DESCRIPTION OF PROJECT:
2.1 Provide a copy of authorizations, if applicable, Applicant holds to provide
teleconnnunications services in Municipality. If no authorizations are applicable, please explain.
Exempt Public School Entity- Under Michigan Telecommunications Act and Metro Act.
2.2 Describe in plain English how Municipality should describe to the public the
telecommm1ications services to be provided by Applicant and the telecommunications facilities
to be installed by Applicant in the Public Ways.
Backbone Fiber Network for telecommunications between and among the school districts
of Muskegon County.
2.3 Attach route maps showing the location (including whether overhead or
underground) of Applicant's existing and proposed facilities in the public right-of-way. To the
extent known, please identify the side of the street on which the facilities will be located. (If
construction approval is sought at this time, provide engineering drawings, if available, showing
4
location and depth, if applicable, of facilities to be installed m the public right-of-way).
AmComm Telecommunications Inc. to provide.
2.4 Please provide an anticipated or actual construction schedule. The facilities
placed within the place info here, scheduled for completion Dec. 31, 2004.
2.5 Please list all organizations and entities which will have any ownership interest in
the facilities proposed to be installed in the Public Ways.
The network cable will be owned by The Shoreline Fiber Network Partners.
Telecommunications facilities (fiber optic filaments) within the network cable will be
owned by Muskegon Area Intermediate School District, The County of Muskegon and
Muskegon Central Police Dispatch. None of the entities within the network cable intend to
provide telecommunications services within the Municipality.
2.6 Who will be responsible for maintaining the facilities Applicant places in the
Public Ways and how are they to be promptly contacted? If Applicant's facilities are to be
installed on or in existing facilities in the Public Ways of existing public utilities or incumbent
telecommunications providers, describe the facilities to be used, and provide verification of their
consent to such usage by Applicant.
The Shoreline Fiber Network Partners will establish a five-year renewable contract with a
professional fiber network maintenance contractor. The Shoreline Fiber Network Partners
will establish internal monitoring to assure prompt response to emergencies as well as
normal maintenance. All facilities will be clearly marked with contact information.
3 TELECOMMUNICATION PROVIDER ADMINISTRATIVE
MATTERS:
Please provide the following or attach an appropriate exhibit.
3.1 Address of Applicant's nearest local office: 630 Harvey St., Muskegon, MI
49442
3.2 Location of all records and engineering drawings, if not at local office: See
above.
3.3 Names, titles, addresses, e-mail addresses and telephone numbers of contact
person(s) for Applicant's engineer or engineers and their responsibilities for the
telecommunications system: Mark Jordan, System Engineer, 10431 Highland Rd., White
Lake, MI 48386 Email: marldordan@amcomminc.com 248-431-5082
During construction: AmComm Telecommunications, Inc., Contractor
3.4 Provide evidence of self-insurance or a ce1iificate of insurance showing
Applicant's insurance coverage, carrier and limits of liability for the following:
3.4.1 Worker's compensation;
5
3.4.2 Commercial general liability, including at least:
3.4.2.1 Combined overall limits: $10,000,000
3.4.2.2 Combined single limit for each occurrence of bodily mJury;
$2,000,000
3.4.2.3 Personal injury; $2,000,000
3.4.2.4 Property damage; $5,000,000
3.4.2.5 Blanket contractual liability for written contracts, products, and
completed operations $2,000,000
3.4.2.6 Independent contractor liability; $2,000,000
3.4.2.7 For any non-aerial installations, coverage for property damage from
perils of explosives, collapse, or damage to underground utilities
(known as XCU coverage). $5,000,000
3.4.2.8 Liability insurance for sudden and accidental environmental
contamination with limits of Five Hundred Thousand Dollars
($500,000) and providing coverage for claims discovered within
three (3) years after the term of the policy. $500,000
3.4.2.9 Automobile liability covering all owned, hired, and non-owned
vehicles used by Applicant, its employees, or agents. $2,000,000
3.5 Names of all anticipated contractors and subcontractors involved in the
construction, maintenance and operation of Applicant's facilities in the Public Ways.
AmComm Telecommunications
4. CERTIFICATION:
All the statements made in the application and attached exhibits are true and correct to
the best of my lrnowledge and belief
NAME OF ENTITY {"APPLICANT")
Shoreline Fiber Network Paitners
Muskegon Area Intermediate School
District, Fiscal Agent
Date: March 4, 2004 ¾tdm
Type or P1int Name: M&ael H. Bozym
Title: Superintendent
::ODMA\PCDOCS\GRR\759295\5
6
ut---·
I
·-· I -,i
I
l
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71
L
Affirmatiw Action
(231)724-6703
FAX: (231)722-1214
nY1Wiff7lfs8'ization
FAX: (231)726-5181
Cemeten· De]iarfml!nt
(231)724:67B
FAX: (231)726-5617
City Manager
{2311724-6724
FAX: (231)722-1214
Civil Service
(1311724-6716
FAX: (231)724-4405 September 20, 2004
Clerk
(231)724-6705
J.'AX: (231)724-4178
Mr. Orjiakor N. Isiogu, Director
Telecommunications Division
Michigan Public Service Commission
Computer Info.
6545 Mercantile Way
t2jfWi7- 9
6744
FAX: (231)722-4301
P.O. Box 30221
Lansing, Ml 48909
· Engineering Dept,
(23]1724-6707
FAX: (231)727-6904 Re: Shoreline Fiber Network Partners Request for Telecommunication Permit per the
METROAct.
Dear Mr. Isiogu:
Please find enclosed an original of the fully executed Telecommunication Permit
Agreement approved by the Muskegon City Commission per the request of Shoreline Fiber
Income Tax
1231 !724-6770 Network Partners. This is being provided to you consistent with the METRO Act
FAX: (231)724-6768
guidelines.
If you have any questions, please feel free to call me.
Leisure Senices
/231\724-6704 Sincerely,
FAX: (231)724-1196
Mayor's Office CITY OF MUSKEGON
(231)724-670!
FAX: (231)722-1214
Planninl!/Zuning /f-r7(~~rv
~/q~ --✓~?/)
(231\72•-6702
FAX: (231)724-6790
Lee J. Slaughter
Assistant City Manager
C: Rosemary Cary
Public Works Dept
(231)724-4100
FAX: (231)722-4188
Tim Brown
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
fi!:rfz~'.~~~\ Dept,
FAX: (231)724-6768
Water Filtration
12311724-4!06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
W\\'W.shorclinccity.com
RIGHT-OF-\VAY TELECOMMUNICATIONS PERMIT
This permit issued this _ _ day o f ~ - - ' 2004 by the City of MUSKEGON, a Michigan
municipal corporation located at 933 TERRACE ST PO BOX 536 MUSKEGON, MI 49443-
0536
, to The Shoreline Fiber Network Partners, Muskegon Area Intermediate School
District, Fiscal Agent an intermediate school district u1.r£'.t: !~w! \?1f:11jhigan, at
"1 ·· ')
M.i._ !J ,.; ~ Ll
tJ ''00'',
I. Definitions.
MU~:,;<f.GON
LI "Date oflssuance" shall mean the date s~{f6rtii'1BGSf_R"s OFF!Cf
1.2 "Manager" shall mean the Municipality's Mayor, City Manager,
Township Supervisor, Village President, or his or her designee, as
appropriate.
1.3 "METRO Act" shall mean the Metropolitan Extension
Telecommunications Right-of-Way Oversight Act, Act No. 48 of the
Public Acts of 2002, as amended.
1.4 "MTA" shall mean the Michigan Telecommunications Act, Act No. 179
of the Public Acts of 1991, as amended.
1.5 "Municipality" shall mean the City of Southfield, a Michigan municipal
corporation. ·
1.6 "Permit" shall mean this document.
1.7 "Permittee" shall me_an The Sh_oreline Fiber Network Partners,
Muskegon Area Intermediate School District, Fiscal Agent, a ]SD
organized under the laws of the State of Michigan, whose address is
630 Harvey Street. Muskegon. MI 49442
1.8 "Public Right-of-Way" shall mean the area on, below. or above a public
roadway, highway, street, alley, easement, or waterway, to the extent
Municipality has the ability to grant the rights set forth herein. Public
Right-of-Way does not include a federal, state, or private right-of-way.
1.9 "Telecommunication Services" shall mean "telecommunication services"
(as such term is defined in the Michigan Telecommunications Act, Act
179 of the Public Acts of 1991, as amended) but shall not include "cable
service" as defined in Title VI of the Federal Communications Act of
1934, 47 U.S.C. §522(6).
I. 10 'Telecommunication Facilities" shall mean the equipment or personal
property, such as copper and fiber cables, lines, wires, switches, conduits,
pipes, and sheaths, which are used to or can generate, receive, transmit,
carry, amplify, or provide telecommunication services or signals.
Telecommunication facilities or facilities do not include antennas,
supporting structures for antennas, equipment shelters or houses, and any
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ancillary equipment and miscellaneous hardware used to provide federally
licensed commercial mobile service as defined in section 332(d) of part I
of title Ill of the communications act of I 934, chapter 652, 48 Stat. l 064,
47 U.S.C. 332 and further defined as commercial mobile radio service in
47 C.F.R. 20.3, and service provided by any wireless, 2-way
communications device ..
1.11 'Term" shall have the meaning set forth in Part 7.
2. Grant.
2.1 Municipality hereby issues a permit to Permittee for access to and ongoing
use of the Public Rights-of-Way identified as an Exhibit to Permittee's
previously issued permit issued by Municipality under the MTA, to install
and maintain Telecommunication Facilities on the terms set forth herein.
2.1. l The Exhibit may be modified by Manager upon written request by
Permittee. The Permittee shall prepare said document of
modification for review and acceptance.
2.1.2 Any decision of Manager on a request by Permittee for a
modification may be appealed by Permittee to Municipality's
legislative body.
2.2 Overlashing. Pennittee shall not allow the wires or any other facilities of
a third party to be overlashed to the Telecommunication Facilities without
Municipality's prior written consent. Municipality's tight to withhold
written consent is subject to the authority of the Michigan Public Service
Commission· under Section 361 of the MTA.
2.3 Nonexclusive. The rights granted by this Petmit are nonexclusive.
Municipality reserves the right to approve, at any time, additional permits
for access to and ongoing usage of the Public Rights-of-Way by
Telecommunication providers and to enter into agreements for use of the
Public Rights-of-Way with and grant franchises for use of the Public
Rights-of-Way to Telecommunication providers, cable companies, utilities
and other providers.
3. Contacts, As-Built Plans.
3.1 Permittee Contacts. The names, addresses and the like for engineering
and construction related information for Permittee and its
Telecommunication Facilities are as follows:
The address, phone number and contact person (title or name) at Permittee 's
local office (in or near Municipality) is Tim Brown, Regional Network Manager
Mailing Address: 630 Harvey Street
Muskegon, MI 49442
Telephone Number: 231-767-7237
Fax Number: 231. 773. l 028
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E-mail Address: timbrown@remc4.k12.mi.us
3. l. l If Permittee 's engineering drawings, as-built and related records
for the Telecommunication Facilities will not be located at the
preceding local office, the location address, phone number and
contact person (title or department) for them is _ _ _ _ (not
applicable).
3.1.2 The name, title, address, e-mail address and telephone numbers of
Pennittee's engineering contact person(s) with responsibility for
the design, plans and constructions of the Telecommunication
Facilities is : Mark Jordan, System Engineer, 10431 Highland .
. Rd., 'White Lake, MI 48386 Email:
mark.jordan@amcomminc.com 248-431-5082.
The address, phone number and contact person (title or department) at
Permittee's home office/regional office with responsibility for engineering and construction
related aspects of the Telecommunication Facilities is Tim Brown, Regional Network
Manager
Mailing Address: 63 0 Harvey S tree!
Muskegon, MI 49442
Telephone Number: 231-767- 723 7
Fax Number: 231.773.1028
E-mail Address: timbrown@remc4.kl2.mi.us
3.1.3 Pennittee shall at aH times provide Manager with the phone
number at which a live representative of Permittee (not voice mail)
can be reached twenty four (24) hours a day, seven (7) days a
week, in the event _of a pubric emergency.
3.1.4 Permittee shall immediately notify Municipality in writing as set
forth in Part 12 of any inaccuracies or changes i_n the preceding
info1mation.
3 .2 Route Maps. Within ninety (90) days after the substantial completion of
new Facilities in Municipality, Permittee shall submit route maps showing
the location of the Telecommunication Facilities to Municipality.
3.3 As-Built Plans. If Municipality maintains a file of as-built drawings of
facilities in the Public Rights-of-Way, and Municipality indicates below
that it desires such drawings, without expense to Municipality, Permittee
shall provide Municipality with "as-built" maps, records and plans
showing the Telecommunication Facilities in the Public Rights-of-Way.
The "as-built" maps, records and plans shall be provided within thirty (30)
days of the completion of the Telecommunication Facilities and of any
extensions, additions, or modifications to the Telecommunication
Facilities. This provision shall have prospective application only to
construction performed after the Date oflssuance of this Permit.
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(The Municipality does maintain a file of as-built drawings and does
require Permittee to furnish as-built drawings when Telecommunication
Facilities is completed or modified.)
3.4 Pennittee, without expense to Municipality, shall, upon forty-eight (48)
hours notice, give Municipality access to all "as-built" maps, records,
plans and specifications showing the Telecommunication Facilities or
portions thereof in the Public Rights-of-Way. Upon request by
Municipality, Permittee shall inform Municipality as soon as reasonably
possible of any changes from previously supplied maps, records, or plans
and shall mark up maps provided by Municipality so as to show the
location-oi'-the-Telecommunication Facilities.
4. Use of Public Rights-of-Way.
4.1 No Burden on Public Rights-of-Way. Pennittee, its contractors,
subcontractors, and the Telecommunication Facilities shall not unduly
burden or interfere with the present or future use of any of the Public
Rights-of-Way. Permittee's aerial cables and wires shall be suspended so
as to not endanger or injure persons or property in or about the Public
Rights-of-Way. If Municipality reasonably determines that any portion of
the Telecommunication Facilities constitutes an undue burden . or
interference or does not comply with the Municipality's Code of
Ordinances, due to changed circumstances, Perm.ittee, at its sole expense,
shall modify the Telecommunication Facilities or take such other actions
as Municipality may determine is in the ptiblic interest to reinove or
alleviate the burden, and Permittee shall do so within a reasonable time
period. Municipality will attempt to require all occupants of a pole or.
conduit whose facilities are a burden to remove or alleviate the burden
concurrently.
4.2 No Priority. This Permit does not establish any priority of use of the ·
Public Rights-of-Way by Permittee over any present or future permittees
or paiiies having agreements with Municipality or franchises for such use.
In the event of any dispute as to the priority of use of the Public Rights-of-
Way, the first priority shall be to the public generally, the second priority
to Municipality, the third priority to the State of Michigan and its political
subdivisions in the performance of their various functions, and thereafter
as between other permit, agreement or franchise holders, as determined by
Municipality in the exercise of its powers, including the police power and
other powers reserved to and conferred on it by the State of Michigan.
4.3 Restoration of Property. Permittee, its contractors and subcontractors
shall immediately (subject to seasonal work restrictions) restore, at
Permittee's sole expense, in a manner approved by Municipality, any
pmiion of the Public Rights-of-Way that is in any way disturbed,
damaged, or injured by the construction, installation, operation,
maintenance or removal of the Telecommunication Facilities to a
reasonable equivalent (or, at Permittee's option, better) condition as that
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which existed prior to the disturbance. fn the event that Permittee, its
contractors or subcontractors fail to make such repair within a reasonable
time Municipality may make the repair and Permittee shall pay the costs
Municipality incurred for such repair.
4.4
Marking. Permittee shall mark the Telecommunication Facilities as
follows: Aerial portions of the Telecommunication Facilities shall be
marked with a marker on Permittee's lines on alternate poles which shall
state Permittee's name and provide a toll-free number to call for
assistance. Direct buried underground portions of the Telecommunication
Facilities shall have (I) a conducting wire placed in the ground at least
_____________-_--_--_several inches above Permittee's _cab!_e_(if such cable is nonconductive);_
(2) at least several inches above that, a continuous colored tape with a
statement to the effect that there is buried cable beneath; and (3) stakes or
other appropriate aboveground markers with Permittee's name and a toll-
free number indicating that there is buried telephone cable below. Bored
underground po11ions of the Telecommunication Facilities shall have a
conducting wire at the same depth as the cable and shall not be required to
provide the continuous colored tape. Portions of the Telecommunication
Facilities located in conduit, including conduit of others used by
Pennittee, shall be marked at its entrance into and exit from .each manhole
and handhole with Permittee's name and a toll-free telephone number.
4.5 Tree Trimming. Permittee may trim trees upon and overhanging the
Public Rights-of-Way so as to prevent the branches of such trees from
coming into contact with the Telecommunication Facilities, consistent
with any standards adopted by Municipality. Permittee shall dispose of all
trimmed materials. Permittce shall minimize _the trimming of trees to that
essential to maintain the integrity of the Telecommunication Facilities.
Except in emergencies, all trimming of trees in the Public Rights-of Way
shall have the advance approval of Manager or his designee.
4.6 Installation and Maintenance. The construction and installation of the
Telecommunication Facilities shall be performed pursuant to plans
approved by Municipality. The open cut of any Public Right-of-Way shall
be coordinated with the Manager or his designee. Permittee shall install
and maintain the Telecommunication Facilities in a reasonably safe
condition. If the existing poles in the Public Rights-of-Way are
overburdened or unavailable for Pennittee's use, or the facilities of all
users of the poles are required to go underground then Permittee shall, at
its expense, place such portion of its Telecommunication Facilities
underground, unless Municipality approves an alternate location.
Permittee may perform maintenance on the Telecommunication Facilities
without prior approval of Municipality, provided that Permittee shall
obtain any and all permits required by Municipality in the event that any
maintenance will disturb or block vehicular traffic or are otherwise
required by Municipality.
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4.7 Pavement Cut Coordination. Pennittee shall coordinate its construction
and all other work in the Public Rights-oPvVay with Municipality's
program for street construction and rebuilding (collectively, "Street
Construction") and its program for street repaving and resurfacing (except
seal coating and patching) (collectively, "Street Resurfacing).
4. 7.1 The goals of such coordination shall be to encourage Permittee to
conduct all work in the Public Rights-of-Way in conjunction with
or immediately prior to any Street Construction or Street
Resurfacing planned by Municipality.
A.8 Compliance with Laws. Permittee shall comply with all laws, statutes,
ordmances, ·rules aiid regulations regarcling· the constnictlon,instaffation;
and maintenance of its Telecommunication Facilities, whether federal,
state or local, now in force or which hereafter may be promulgate. Before
any installation is commenced, Permittee shall secure all necessary
permits, licenses and approvals from Municipality or other governmental
entity as may be required by law, including, without limitation, all utility
line permits and highway permits. Permittee shall comply in all respects
with applicable codes and industry standards, including, but not limited to
the National Electrical Safety Code (latest edition adopted by the
Michigan Public Service Commission) and the National Electric Code
(latest edition). Pennittee shall comply with all zoning and land use
ordinances and historic .preservation ordinances as may exist or may
hereafter be amended ..
4.9 Street Vacation. If Municipality vacates or consents to the vacation of
Public Rights-of-Way within its jurisdiction, and_ such vacation
necessitates the removal and relocation of Permittee's facilities in the
vacated right-of-way, Permittee shall, as a condition of this Permit,
consent to the vacation and remove its facilities at its sole cost and
expense when ordered to do so by Municipality or a court of competent
jurisdiction. Pennittee shall relocate its facilities to such alternate route as
Municipality, applying reasonable engineering standards, shall specify.
4.10 Relocation. If Municipality requests Permittee to relocate, protect,
support, disconnect, or remove its facilities because of street or utility
work, or other public projects, Permittee shall relocate, protect, support,
disconnect, or remove its facilities, at its sole cost and expense, including
where necessary to such alternate route as Municipality, applying
reasonable engineering standards, shall specify. The work shall be
completed within a reasonable time period.
4.11 Public Emergency. Municipality shall have the right to sever, disrupt, dig-
up or otherwise destroy facilities of Pennittee if such action is necessary
because of a public emergency. If reasonable to do so under the
circumstances, Municipality will attempt to provide notice to Permittee.
Public emergency shall be any condition which poses an immediate threat
to life, health, or property caused by any natural or man-made disaster,
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including, but not limited to, storms, floods, fire, accidents. explosions,
water main breaks, hazardous material spills, etc. Permittee shall be
responsible for repair at its sole cost and expense of any of its facilities
damaged pursuant to any such action taken by Mlll1icipality.
4. I 2 Miss Dig. If eligible to join, Permittee shall subscribe to and be a member
of "MISS DIG", the association of utilities formed pursuant to Act 53 of
the Public Acts of 1974, as amended, MCL §460.70! et seq., and shall
conduct its business in conformance with the statutory provisions and
regulations promulgated thereunder.
_ 4,13 Underground Relocation. If Permittee has its facilities on poles of
-------------~consiimers-- -Energy; - Deti'iiiC - Edison - -or - anoffier electric or
Telecommunication provider and Consumers Energy, Detroit Edison or
such other electric or Telecommunication provider relocates its facilities
underground then Permittee shall relocate its facilities underground in the
same location at Permittee's sole cost and expense.
4.14 Identification. All personnel of Permittee and its contractors or
subcontractors who have as part of their normal duties contact with the
general public shall wear on their clothing a clearly visible identification
card bearing Permittee's name, their name, and photograph. Permittee
shall account for all identification cards at all times. Every service vehicle
of Permittee and its contractors or subcontractors shall be clearly
identified as such to the public, such as by a magnetic sign with
Permittee's name and telephone number.
5. Indemnification.
5.1 Indemnify. Petmittee _shall defend, indemnify, protect, and hold hmmless
Municipality, its officers, agents, employees, elected and appointed
. officials, departments, boards and commissions from any and all claims,
losses, liabilities, cause of action, demands, jud6'1l1ents, decrees,
proceedings, and expenses of any nature (collectively "claim" for this Part
5) (including, without limitation, attorneys' fees) arising out of or resulting
from the acts or omissions of Permittee, its officers, agents, employees,
contractors, successors, or assigns, but only to the extent such acts or
omissions are related to the Permittee's use ofor installation of facilities in
the Public Rights-of-Way and only to the extent of the fault or
responsibility of Permittee, its officers, agents, employees, contractors,
successors and assigns.
5.2 Notice, Cooperation. Municipality will notify Permittee promptly, in
writing, of any such claim and the method and means proposed by
Municipality for defending or satisfying such claim. Municipality will
cooperate with Permittee in every reasonable way to facilitate the defense
of any such claim. Municipality will consult with Permittee respecting the
defense and satisfaction of such claim, including the selection and
direction of legal counsel.
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5.3 Settlement. Municipality will not settle any claim subject to
indemnification under this Part 5 without the advance written consent of
Permittee, which consent shall not be unreasonably withheld. Permittee
shall have the right to defend or settle, at its own expense, any claim
against Municipality for which Permittee is responsible hereunder.
6. Insurance.
6. l
Coverage Required. Prior to beginning any construction in or installation
of the Telecommunication Facilities in the Public Rights-of-Way
Permittee shall obtain insurance as set forth below and file certificates
evidencing same with Municipality. Such insurance shall be maintained
-------------~iii-fulfforce arid etfeci-1.1nt11 -tF£ end of the Tenn. In the alternative, .
Permittee may satisfy the requirement through a program of self-
insurance, acceptable to Municipality by providing reasonable evidence of
its financial resources to Municipality. Municipality's acceptance of such
self-insurance shall not be unreasonably withheld.
6.1.1 Commercial general liability insurance, including Completed
Operations Liability, Independent Contractors Liability,
Contractual Liability coverage, railroad protective coverage and
coverage for property damage from perils of explosion, collapse or
damage to underground utilities, commonly known as XCU
coverage, in an amount not less than Five Million Dollars
($5,000,000).
6.1.2 Liability insurance for sudden and accidental environmental
contamination with minimum limits of Five Hundred Thousand.
Dollars ($500,000) and providing coverage for claims discovered.
withiri three (3) years after the term of the policy.
6.1.3 Automobile liability insurance in an amount not less than One
Million Dollars ($1,000,000).
6.1.4 Workers' compensation and employer's liability insurance with
statutory limits, and any applicable Federal insurance of a similar
nature.
6.1.5 The coverage amounts set forth above may be met by a
combination of underlying (primary) and umbrella policies so long
as in combination the limits equal or exceed those stated. If more
than one insurance policy is purchased to provide the coverage
amounts set forth above, then all policies providing coverage limits
excess to the primary policy shall provide drop down coverage to
the first dollar of coverage and other contractual obligations of the
primary policy, should the primary policy carrier not be able to
perfonn any of its contractual obligations or not be collectible for
any of its coverages for any reason during the Term, or (when
longer) for as long as coverage could have been available pursuant
to the terms and conditions of the primary policy.
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6.2 Additional [nsured. Municipality shall be named as an additional insured
on all polices (other than worker's compensation and employer's liability).
All insurance policies shall provide that they shall not be canceled,
modified or not renewed unless the insurance carrier provides thirty (30)
days prior written notice to Municipality. Permittee shall annually provide
Municipality with a certificate of insurance evidencing such coverage. All
insurance policies (other than environmental contamination, worker's
compensation and employer's liability insurance) shall be written on an
occunence basis and not on a claims made basis.
6.3 Qualified Insurers. All insurance shall be issued by insurance carriers
- - licensed to do business by the State-of Michigan or by surplus line carriers--------
on the Michigan Insurance Commission approved list of companies
qualified to do business in Michigan. All insurance and surplus line
carriers shall be rated A+ or better by A.M. Best Company.
6.4 Deductibles. If the insurance policies required by this Part 6 are written
with retainages or deductibles in excess of Fifty Thousand Dollars
($50,000), they shall be approved by Manager in advance in writing.
Permittee shall indemnify and save harmless _Municipality from and
against the payment of any_ deductible and from the payment of any
premium on any insurance policy required to be furnished hereunder.
6.5 Contractors. Permittee's contractors and subcontractors working in the
Public Rights-of-Way shall carry in full force and effect commercial
general liability, environmental contaminatio11 liability, automobile
liability and workers' compensation and employer liability insurance
which complies with all terms of this Part 6. In the alternative, Permittee,
at its expense, may provide such coverages for any or all its contractors or
subcontractors (such as by adding them to Pennittee's policies).
6.6 Insurance Primary. Permittee's insurance coverage shall be primary
insurance with respect to Municipality, its officers, agents, employees,
elected and appointed officials, departments, boards, and commissions
(collectively "them"). Any insurance or self-insurance maintained by any
of them shall be in excess of Permittee's insurance and shall not contribute
to it (where "insurance or self-insurance maintained by any of them"
includes any contract or agreement providing any type of indemnification
or defense obligation provided to, or for the benefit of them, from any
source, and includes any self-insurance program or policy, or self-insured
retention or deductible by, for or on behalf of them).
7. Term.
7. l Term. The tem1 ('Tenn") of this Permit shall be until the earlier of:
7.1.l Five years from the Date ofissuance; or ________
7.1.2 When the Telecommunication Facilities have not been used to
provide Telecommunication Services for a period of one hundred
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and eighty ( 180) days by Permittee or a successor or an assignee of
Pennittee; or
7.1.3 When Permittee, at its election and with or without cause, delivers
written notice of tennination to Municipality at least one hundred
and eighty ( 180) days prior to the date of such tennination; or
7.1.4 Upon either Permittee or Municipality giving written notice to the
other of the occurrence or existence of a default by the other party
under Sections 4.8, 6, 8 or 9 of this Permit and such defaulting
party failing to cure, or commence good faith efforts to cure, such
default within sixty (60) days (or such shorter period of time
- - - - -ptovfded-elsewhere in this Permitfafter -delivery of such notice; o-r -
7.1.5 Unless Manager grants a written extension, one (!) year from the
Date of Issuance if prior thereto Permittee has not started the
construction and installation of the Telecommunication Facilities
within the Public Rights-of-Way and two (2) years from the Date
of Issuance if by such time construction and installation of the
Telecommunication Facilities is not complete.
8. Perfomiance Bond or Letter of Credit. Permittee shall post a bond (or letter of
credit) for the purposes specified at Section 15(3) of Act 48 of the METRO Act.
9. Fees.
9. 1 Establishment; Reservation. The METRO Act shall control the
establishment of right-of-way fees. The parties reserve their respective
rights regarding the nature and amount of any fees which may be charged
by Municipality in connection with the Public Right-of-Way.
I 0. Removal.
I 0.1 Removal; Underground. As soon as practicable after the Tetm, Permittee
or its successors and assigns shall remove any under1,'Totmd cable or other
portions of the Telecommunication Facilities from the Rights-of-Way
which has been installed in such a manner that it can be removed without
trenching or other opening of the Public Rights-of-Way. Permittee shall
not remove any underground cable or other po1tions of the
Telecommunication Facilities which requires trenching or other opening
of the Public Rights-of-Way except with the prior written approval of
Manager. All removals shall be at Permittee's sole cost and expense.
l 0.1.1 For purposes of this Part 10, "cable" means any wire, coaxial
cable, fiber optic cable, feed wire or pull wire.
I 0.2 Removal; Above Ground. As soon as practicable after the Term,
Permittec, or its successors or assigns at its sole cost and expense, shall,
unless waived in writing by Manager, remove from the Public Rights-of-
Way all above ground elements of its Telecommunication Facilities,
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including but not limited to poles, pedestal mounted terminal boxes, and
lines attached to or suspended from poles.
10.3 Schedule. The schedule and timing of removal shall be subject to
approval by Manager. Unless extended by Manager, removal shall be
completed not later than twelve (12) months following the Term. Pmiions
of the Telecommunication Facilities in the Public Rights-of-Way which
are not removed within such time period shall be deemed abandoned and,
at the option of Municipality exercised by written notice to Permittee as
set forth in Part 12, title to the portions described in such notice shall vest
in Municipality.
---------+t--Assignment~i'ermittee may assign or transfer its rights nnderthis~ Permit, ot the
persons or entities controlling Permittee may change, in whole or in part,
voluntarily, involuntarily, or by operation of law, including by merger or
consolidation, change in the ownership or control of Permittee's business, or by
other means, subject to the following:
11. l No such transfer or assignment or change in the control of Permittee shall
be effective under this Permit, without Municipality's prior approval (not
to be unreasonably withheld), during the time period from the Date of
Issuance until the completion of the construction of the
Telecommunication Facilities.
11.2 After the completion of such constrnction, Permittee must provide notice
to Municipality of such transfer, assignment or change in control no later
than thirty (30) days after such occunence; provided, however,
11.2.1 Any transferee or assignee of this Permit shall be qualified to
perfonn under its terms and conditions and comply with ap):llicab'!e
law; shall be subject to the obligations of this Permit, including
responsibility for any defaults which occurred prior to the transfer
or assignment; shall supply Municipality with the information
required under Section 3.1; and shall comply with any updated
insurance and performance bond requirements under Section 6 and
8 respectively, which Municipality reasonably deems necessary.
11.2.2 In the event of a change in control, it shall not be to an entity
lacking the qualifications to assure Permittee 's ability to perform
under the terms and conditions of this Permit and comply with
applicable law; and Permittee shall comply with any updated
insurance and performance bond requirements under Section 6 and
8 respectively, which Municipality reasonably deems necessary.
11.3 Permittee may grant a security interest in this Permit, its rights thereunder
or the Telecommunication Facilities at any time without notifying
Municipality.
12. Notices.
12.1 Notices. All notices under this Permit shall be given as follows:
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12.1.1 Ifto Municipality, to: _CITY OF MUSKEGON
12.1.2 If to Permittee, to: SHORELINE FIBER NETWORK
PARTNERS
12.1.3 change of Address. Pennittee and Municipality may change its
address or personnel for the receipt of notices at any time by giving
notice thereof to the other as set forth above.
13. Other items.
13.1 No Cable, OVS. This Pem1it does not authorize Permittee to provide
commercial cable type services to the public, such as "cable service" or
the services of an "open video system operator" (as such terms are defined - -
in the Federal Communications Act of 1934 and implementing
regulations, currently 47 U.S.C. §522(6), 573 and 47 CFR § 76.1500).
13.2 Effectiveness. This Permit shall become effective when Permittee has
provided any insurance certificates and bonds required in Parts 6 and 8,
and signed the acknowledgement ofreceipt, below.
13.3 Authority. This Permit satisfies the requirement for a permit under
Sections 5 of the METRO Act [MCL 484.3105].
13.4 · Interpretation and Severabilitv. The provisions of this Permit shall be
liberally construed to project and preserve the peace, health, safety and
welfare of the public, and should any provision or section of this Permit be
·held unconstitutional, invalid, overbroad or otherwise unenforceable, such
detennination/holding shall not be construed as affecting the validity of
any of the remaining conditions of this Petmit. If any provision in this
Permit is found to be partially overbroad, unenforceable, or invalid,
Permittee and Municipality may nevertheless enforce such provision to the
extent permitted under applicable law.
13.5 Governing Law. This Permit shall be governed by the laws of the State of
Michigan.
City of M U S ~
&'tilf/Jm)
By: Pill Larson
Its: Vice Mayor
Date: 9-14-04
Acknowledgement of Receipt: Permittee acknowledges receipt of this Permit granted by
Municipality.
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By: M_i_chae.l H. Bozym
Its: Superj.ntendent/MAISD
Date: September 17, 2004
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Date: August18,2004
To: Honorable Mayor and City Commissioners
From: Ric Scott
RE: St. Joseph Park
SUMMARY OF REQUEST:
A petition has been received from the Nelson
Neighborhood to rename Nelson Park on Monroe Ave. to St.
Joseph Park in honor of the former St. Joseph's Church
that leased the property to the City for the park
FINANCIAL IMPACT:
The cost to redo a sign
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
The Leisure Services Board recommends approval
Date: August 18, 2004
To: Honorable Mayor and City Commissioners
From: Ric Scott
Re: St. Joseph's Park
The Nelson Neighborhood has submitted a petition to the
Leisure Services Board requesting that Nelson Park on
Monroe Ave. be renamed St. Joseph Park in honor of the
former St. Joseph's Church that leased the property to
the City for the park.
At their meeting on Monday, August 16 th , the Leisure
Services Board approved of the name change and is
recommending to the City Commission that the park name
be changed.
Staff recommends approval of the request. Our cost to
make the change is simply making a new sign.
Thank you for your consideration.
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING_ _ _ __
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Kenneth D. Grant, Income Tax Administrator
DATE: August 16, 2004
RE: Income Tax Refund Donation Program for 2004
SUMMARY OF REQUEST:
Approval to use the donations from the 2004 income tax returns to the BIG RED ED
CLUB which is an activity of the Education Fund of the Muskegon Public Schools.
FINANCIAL IMPACT:
The average amount donated to previous Donation Programs is $2,500. Each donated
reftmd saves the city approximately two dollars. Last year 478 people donated their
refw1d checks.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approvalrecormnended
COMMITTTEE RECOMMENDATION:
MUSKEGON
www.shorallneclly.com
August 16, 2004
Dear City Commissioners,
Every year our department attempts to find a donation program or event that appeal to the
community. Each year approximately 600 people donate their refunds. The average
amount donated each year is about $2,500.00. Our donation programs serve a dual
purpose:
1) To generate money for programs and/or events that not only benefits the city but the
entire community.
2) To save the city money by reducing the number of checks written and using less
postage.
The Income Tax Depmiment requests the authorization from the City Commissioners to
designate the 2004 donations to the BIG RED ED CLUB. The funds generated from our
donations will go to this educational program to suppo1i extraordinary experiences for
students of Muskegon Public Schools in humanities, sciences, arts and mathematics.
Enclosed is additional information provided by the Muskegon Public Schools Education
Fund.
Thanks for you consideration,
Kenneth D. Grant
Income Tax Administrator
Muskegon Public Schools Education Fund
349 West Webster Avenue, Muskegon Ml 49440, 231-720-2001
July 30, 2004
MPS Education Fund
Board of Directors
Mr. Kenneth D. Grant
Income Tax Administrator
Theodore Olsen, Chair
City of Muskegon
933 Tenace Street
Ann Cardon
Muskegon, MI 49443
Bradley Perkins
Re: Donation of City Income Tax Overpayments to the "BIG RED ED CLUB"
Barbara Grennan
Dear Mr. Grant:
Martha Hall
In follow-up to your conversation regarding pursuing a request to have the BIG RED ED CLUB
Judith Hayner as the 2004 recipient of donated city income tax overpayments, we would like to formally ask
that you bring our request to the City Commission for consideration.
Morton Kantor
The BIG RED ED CLUB is an activity of the Education Fund of the Muskegon Public Schools.
Richard Morgenstern The Education Fund is managed and invested as a fund of the Community Foundation for
Muskegon County. The Trustees of the Education Fund determine the educational programming
Harriet Oliver that will be funded each year. This dete1mination is made on a competitive basis. Teachers from
the Muskegon Public Schools submit grant requests annually for funding consideration. The goal
James Olsen
is to fund extraordinary educational programs for the students of Muskegon Public Schools.
Many programs have been funded, including the following examples:
Charles Poole
Kathleen Schottke • A rocket building program for all fifth graders
• A mask making project for an elementary school art program
Joseph Schulze • A coloring book program teaching water safety at Pere Marquette Park
• A "Claymation" computerized film project
Harold Workman
All proceeds from the donations of city income tax overpayments will be deposited in the Fund at
S. Arlyn Zack the Community Foundation for Muskegon County. Only the interest earnings would be used to
fund extraordinary educational experiences for the students of Muskegon Public Schools.
If you will advise us as to when the City Commission will consider this request, representatives
of the BIG RED ED CLUB will attend to answer any questions and explain further the program.
I have attached several copies of our solicitation materials as well as material on our legacy
giving program for review. Thank you very much for your assistance.
Sincerely,
Ted Olsen, Chairman
Muskegon Public Schools Education Fund
The BIG RED ED CLUB supports the
Muskegon Public Schools Education Fund.
The MPS Education Fund supports
creative teacher-designed projects for the classroom.
Join the BIG RED ED CLUB today!
R onace Hogan, a seventh grade art teacher at Bunker
Middle School, has experienced firsthand what the
Education Fund can accomplish. Last year she received
a $693 grant to purchase supplies needed for a mask making
project involving all seventh graders at Bunker. The project had
Muskegon Public Schools the students explore culture and history through mask making.
Education Fund Advisory Council The students learned that different cultures used masks for
different purposes including hunting, warding off illnesses, and
Theodore Olsen, Chair for entertainment (Mardi Gras, for example).
Bradley Perkins The students each made four masks of different types and
Barbara Grennan
materials. Some used clay. Others used paper mache. And still
Ann Cardon
others used metal. One of the masks had to be about an event in
Martha Hall
the student's life. Along with the masks, the students were
Judith Hayner
required to keep a journal documenting their masks including the
Morton Kantor
Kathleen Schottke
reason for doing the particular mask and relating the feelings they
Richard Morgenstern had while doing the project.
Harriet Oliver Ms. Hogan said, "This project was awesome. The kids enjoyed
James Olsen themselves and learned so much. They really got into doing the
Charles Poole journal to complement the mask. This is how art should be!"
Joseph Schulze Supporting the Education Fund at Muskegon Public Schools
Harold Workman through membership in the Big Red Ed Club does make a
S. Arlyn Zack difference.
-----------------------------------------
Mail in your membership application today to:
BIG RED ED CLUB
Community Foundation for Muskegon County
425 W. Western Avenue
Muskegon MI 49440
All checks should be made payable to MPS Education Fund - CFMC.
All donations are tax deductible and qualify for
the Michigan Tax Credit for Community Foundations.
: ) What js jt?
The BIG RED ED CLUB is a new alumni and friends member-
Become a
ship organization for the Muskegon Public Schools Education
Fund which is held in trust by the Community Foundation for Member
Muskegon County (CFMC). The sole purpose of the BIG RED
ED CLUB is to raise funds which support extraordinary edu-
cational experiences for the students of Muskegon Public
Today!
Schools in humanities, sciences, arts and mathematics.
: , Who can belong?
Anyone who wants to help continue the Big Red tradition can
belong. All Muskegon High School alumni are invited to join.
Retirees, community leaders and staff are also welcome and
encouraged to show their support of Muskegon Public
Schools through membership.
: ) How much js jt?
The annual membership cost is $15.00. However, you
can give more. A 1961 alumnus recently contributed
$30,000 to the Fund. You may also want to consider a
legacy gift.
: ) How do I jojn?
Simply complete the form below and return it with your
Support ·
check. Renewing members will receive a logo decal. All new
members will receive a BIG RED ED CLUB lapel pin. Members
may also receive free subscriptions to the Muskegon Mirror
Education
newsletter and/or Staff Matters. Now!
MEMBERSHIP APPLICATION - - - - - - - - - - - - - - - - - - - - - - - - -
0 YES, I want to join the BIG RED ED CLUB today' I wish to contribute:
0 YES, I want to renew my membership!
o $ I 5 Annual Membership /club gift!
NAME _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
0 $25.00 (club gift & Muskegon Mirror)
STREET _ _ _ _ _ _ _ _ _ __ CITY _ _ _ _ _ __ 0 $50.00 /club gift & Staff Matters)
0 $ I 00.00 /club gift & both publications)
STATE _ _ _ _ _ _ _ _ _ _ _ _ ZIP _ _ _ _ _ __ o Other _ _ _ _ _ _ _ _ _ _ __
ALUMNI? 0 YES O NO CLASS _ _ _ _ _ _ _ __ VISA/MasterCard # _ _ _ _ _ _ __
RETIREE? 0 YES O NO DATE R E T I R E D - - - - - - - Expires _ _ _ _ _ _ _ _ _ _ _ __
EMAIL ADDRESS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Signature ____________
O I am interested in discussing a bequest in my will to
Please return your membership application with a
the BIG RED ED CLUB . Please send me more information. check made payable to MPS Ed Fund-CFMC to:
All membership contributions will be deposited to the MPS Community Foundation for Muskegon County,
Education Fund, held by the Community Foundation of Muskegon. 425 West Western Ave., Muskegon MI 49440.
,. . ~1,USK
'J>l,ub Ii c Sc
t';'._:_"::··_);J8'.f!hi<r:~f;~ \tt}'.'~7'.-:J1-¥'(,,•.: _ ::::
· ,,;;ir~2rfPPeJRTB1G RED EDucAT10N Now!
LEGACYG~◊l~~ PROGRAM
1
Muskegon Public Schools .Ecfucation Endowment Program ·
. Muskegon PubJic Schools .
349 West Webster AVe.!./14uskegon Ml 49440
,·,-,
The Muskegon Public Schools tauca~ror
and extraordinary educational pr9g_@fliEf.li_l1g
Public Schools.The Endowment.Fl:lJ1~i1;-ia~t~
Foundation for Muskegon County.Otilytb
programming.The uses ofth'~fona:~te·,(
the Fund, most of whom
competitive_bas,is upon ·_-::~: :'~'.'.~~:~:ti[~;}r:Jn~r~r ',:•, ., _,.,
LEGAcvc G1vr~ ~iE~~bGRl~:.
00
.. . .li '.l,a,::,t
><< '~i~1il11
·~
LEGACY GIVING PROGRAM
Any individual or business that contributes S10,000 or
more to the Muskegon Public Schools Education
Endowment Fund will be considered a Legacy Giver
to the Muskegon Public Schools and will be ~.
permanently recognized.
--1~
BENEFITS OF BECOMING
A LEGACY GIVER
GLrTS
You will be assisting the Muskegon Public Schools to
provide extraordinary educational opportunities
.,~ Establishing a legacy giving progra;:ish~w for the Muskegon Public Schools.
to young people. But legacy giving is not a new c6nce_ptJOi sustaining the district's endowment
effOrts. In fact, many benefactors ha·~~ ffi~d~ bequests to the Muskegon _Public
·•• You will help preserve the Big Red tradition of quality
s(hools Education Endowment Fund ·s1n.~~;its founding,_assu_r_ir:t9-th_a_t_·creatiye ,.
education.
education will be available to generationS}.:9 _corn~,.
c0 You will be permanently identified as a contributor
to the Muskegon Public Schools. What is a legacy gift? It is a gift to the M~,kjgon ~ublic ScheplsEdu~;;)l{; f;',;,
,.. You will be helping young people. Endowment Fund. Making a gift is easy:yo'~- si!TlP/y.need"t◊.-.iD.dk~t~_:ir}:¥~-~r: _:_?J{i}::
; . . ., . r '>: ,· . ,-"·'· ,-_- '-· •,,,: ,· -:,<,_<,-,-,;,:;.o:,_j!.-.'.; ;,,- :,,c·:-a:,-'¼,}; ,/,.-.
'
,_ i estate planning that you want to leaY!,:_~~-tj_~r_r:g_nated'.--~ortion-(pe~,~~Pt~r){Bf<f,:\;;)'.'.~~i\~
You will be helping to provide innovative and creative
educational opportunities for the students in the
specific dollar amount of your asse~S·:~~,:the ·10 ~J:~~~:f~lt_t~-~~-?-~1tE~~~-t_i_§1.--·,
1
};i
Endowment Fund. Other ways to giv_e_-indUd~¥fiI~ii_on~i.c'Q~~~,Pns; :· '._';-,.,.:.,'.;,..,.·-,- ~;
Muskegon Public Schools.
charitable annuities or a gift of_appr~dateB:st(:)i~:;:i~ - · · · · ,.
Contributions • Donations • Gifts· Bequests _, ..:i~::_\t_\:_·;":}i~!/:&ii:-;,_:,:·.·_;:~:;~_:-:_ ·: .:';·-::---·\i(,. ,'.' ,.. : -·_.-
A legacy gift is a lasting gift, wtt~ e\)dl~fbefi!,fits for the children:0f,/ll!tlskegon '/
Charitable Annuities • Appreciated Stock ;_ ·_..,•·._:.,_-;L;i, ... _:,,·,,;;,-!". · · _- .• ·_u,--:,:.. )·" - --:: ·-.
Public Schools. By becoming a·!eg·acy_g_lv_er;;}'6U, too, can help pre;serye the ·. '
IRA Distributions
wonderful traditio,n of educatio~al erc~dehce of the Muskegon PublicSchool,s.'
Ill IS THE BIG RED ED CLUB A PART OF THE EDUCATION
...Yo',~1:.•.··i·:·FtR'
'.0/ ' ...· ENDOWMENT FUND 7
i':; ·: . "Y Yes. All dues for the Big Red Ed Club are deposited in the
Muskegon Public Schools Education Endowment Fund
administered by the Community Foundation for Muskegon
ii HOW DO I MAKE ;l'.E:dih GIFT?
County.
Making a legac:ygfftil}a~y.Simply arrange with your attorney.· iillll HOW ELSE WILL LEGACY GIVERS BE RECOGNIZED?
.o.r.estate
<,h,c,;:'-r,.;
plannerto make a bequest to the Muskegon Public
··..· , ; Upon notification that you have given a legacy gift, the
sy~pls Educatio~.~n,:fowmentFund in your will. Muskegon Publlc Schools Education Endowment Fund will
~ r•= ~=" immediately recognize your gift in its newsletter. You will also
,'f:,WtLLff'APPEN WITH MY GIFT WHEN I AM GONE? be immediately placed on our roster of promised legacy
il\.\'ii~t'itifi/ 1
You be~uest to the Muskegon Public givers.Additionally,you will be invited to our annual legacy
Sclioo!S Edu~atiOri:,.EnCto'wm·en(f~nfwur: be. handled as you givers luncheon honoring you for your contribution with a
have directed in yoli'r-wiiL: ::.,__/)'./7;,;{.,..- _.-_ special program for current and potential legacy givers.
' '·. -:_<\.;}:;{~:-·
Ill HOW WILL I BE RECOGNIZ~o\6~1fl/s;GtFT? !ill WHAT WILL BE DONE WITH MY LEGACY GIFT?
._. :.-c'The !llain recognitio~ for a legacy 9ift_\vm:be_ a permanent You can determine how your legacy gift is used.The
·".· ·i:-'.::.-./ _a_ck_no'(>'.ledgment of Your gift th~f0\ffb_e -p~_OITiinent!y' Muskegon Public Schools suggest that your legacy gift be left
·.•• .. displayed at either Muskegon HighSch9olor the Boardof to the Muskegon Public Schools Education Endowment Fund,
Education, depending on your wiS_he,s.,Qther_.reCognition'W)W administered by the Community Foundation for Muskegon
•. '..-, -_,, . :,v· . .-·:._.,~." ,,- -- ;
be provided in newsletters and publica1:i6nsqf.the Muskegon County.This is the easiest, simplest means to leave your gift.
Public Schools. However, if you would like to make other arrangements, we
will do whatever you require to assist,and you can always be
11 AT WHAT LEVEL OF CONTRIBUTl()N'viilLl.Ni'r',BEd0ESf"}, certain that your bequest will be administered according to
BE CONSIDERED A LEGACY GIFT? .' . ,· , ,. your wishes. All gifts benefit the educational programming of
The minimum legacy gift is $10,00o,fu'fega, the Muskegon Public Schools.
receive special recognition in Mus~e90n.f·
newsletters and on signage: !Iii HOW ARE LEGACY GIFTS MANAGED 7
The Community Foundation for Muskegon County manages
the Muskegon Public Schools Education Endowment Fund.
As soon as the Muskegon~Gb)i8~e~'ti!>W~q'~i'ation
, . . ',:i;",-<-:) -~·-.'.'."'.:•·1__ '.<'"/'<i,i_'si'' Only the earnings from the Endowment Fund are used to
Endowment'Fund is _m_,3de_~Y-'.arro('.~9¼lf_\~g-0~y gift, you
fund educational programming.The principal contribution
will b~ r~cognized_for it · '.: i:-(_;\~-/f}:~t~{i-: \ · ·· will remain intact and grow over the years.
<./'
LEGA€Y GIVING B't,:B:~\,
Gifts .may be made by bequesnhrough your will or trus-r. Yourestat~pfa'nc¢r,oradvi,sorL\:/}!i• r..
.-_ ;:_: .. ,: ·-. . ._ . _ :-: ".- :,,'.- . . ·,- .-·.. ,: , '.,-./,,:__.·. -, ..; ,_-.:··. -.'" ;·:.·· .) ·,·._.-,----_~ "ll"Ltc"''({
·\}·\· /~:°-~:ld use the follqyv'ing lan9.Ua_~e_or similartl give, devise,~,?~,_be~~-~~~-~:;_~~}~~-~-~-~~t~;-t;(iqt:-J
' i::··::-,_sp·e·_cific dolla. r.· amou. n. t•· o. r ':1_·p~r.-~.~nt.ag. e of your estate or tru_st). t~_th~ M_IJ~k.e·g•··o····n.p.u.·.··.·b. .Ji;.:,.?'\,:."'.- I
Schools Education Endowm_en~-Fund. These funds are restricted funds,adrnini_ster~d.by
ff . I Becom·1ng a Legacy Giver for the benefit
the Community Foundation for Muskegon County and used for the purpose of providing
-~-fun.ding for educational programming in Muskegon Public Schools.
1
.• I
I of the Muskegon Public Schools is easy!
::-~·;:~:;+;;:~:,:::i~;~e::::_?:~:~-::-~;_ ·_·~>>·\ , I
· · .•rni',;rjake.,q l,<;gacy glfi;simply notify your estate planner of your intention. Also, please have • I NA,'vlE(S) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
::i~½9~Ui:-~#~ii-Pi~~B;f~-'.n:?tify u~· so;that_we can giYf; you immediate recognition as a fegacy I COMPANY/ORGANIZATION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
-~-)~fi,~J':;¥~:·F{~;~~-6~/th~t-.any single g[~ of $10,_000-_a_nd more to the Muskegon Public Schools_
I
I ADDRESS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Education Endowment Fund is considered_°' legacy gift and will be recognized accordingly. I
-.·,-·;:;i-
">i . I c.:v/z1P/STAIE - - - - - - - - - - - - - - - - - - - - - -
>t>·,\_ - ' --_._. f--~- I PHONE _ _ _ _ _ _ _ _ _ __ FAX
. Ii_-:_ .:sontrtbyte appreciated securit_ieS_ to the I
·-_ -.:. J\l\uskegon Public Sch,ools Education I E-MAIL
:Er1dowm~nt Fund:
I/we have become a Legacy Giver(s) for the Muskegon Public Schools by
OTHER ■, cdn,ribute a deprecia;edasset(SeH th~\ •• , bequest of $10,000 or more through my estate.
sesurity f?( a.loss and ta~Jt\e,ipP(8priiat~;C ;
I am interested in becoming a Legacy Giver, but would like to learn more
WAYS . ~uctiqnand contributerhepro~~~£totbe
.Muskegon Pub11sschools,Educ~tiol1 .
i:n~_nt.Fut)d- aw{ ~e_c,~tY~tl,-~t~iJ . · ,·
about the program .
TO GIVE charitable contrib'utiont·.\~':E:Wt{
'-·.,
(®:~<f}f¾1ii-?~
I/we want to become a Legacy Giver(s) now for the /V1uskegon Public
Schools and my/our gift is enclosed.
·■ <lt1n !S,_a_·._concerrr/ You may use my name in Education Fund materials.
• anriui~l,1)~.rebyyqt1~
t~!= ass;!~lor lifeJ"h;!ass My Legacy Gift is to_ honor __ or made in memory o f - - - - - - - - - -
/ ':ili\!1',fltloeMii;kegon Pub[i
•'i,f1!?"
/'ll}•pesis,nate Endowment{11]!1Y!)f:\i ·.· // £
the Muskegon'!,bblic SchooiS
lfyou would like to talk to someone about the Legacy Giving Program, please call the
Muskegon Public Schools at 231.720.2004.
. -.i;;:~(dt:JC:atior:i Endowme~t 'Fµn_d.as a ben:efi~i~:ry Checks should be made out ro the Muskegon Public Schools Education Endowment Fund.
;of'your IRA. . . ., . Where applicable, contributions are tax deductible and qualify for the Michigan Tax Credit for
Community Foundations.
- . -: -
1
·>> _ -.. ·:--:,r..:i::·>/i<:·r.--<<<:::·,:-.\')J:iH1:.·\::,...-,> . .
Please consult with your individual legal/tax advisor to _ascertain which- felJ!: beJ7efjts' wi{/ beppJ?lifub!e-.toY9W: f
Please detach this completed form and mail it (and your check, if applicable) to the Muskegon
Public Schools Education Endowment Fund, Legacy Giving Program, 349 W. Webster
specific donation This informational pamphlet is .not. -intended to provide.indiYidi:Jalle9Wtaiadvice:··.:
. ·a,.-;;,,, , •... ' •.. -. ·, · '' Avenue, Muskegon Ml 49440.
Commission Meeting Date: September 14, 2004
Date: August 31, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Departmente,fe..,,
RE: Set Public Hearing for Amendments to Brownfield
Plan - Former Muskegon Mall
SUMMARY OF REQUEST: To approve the attached resolution setting a public hearing for
amendments to the Brownfield Plan, and notifying taxing jurisdictions of the Brownfield Plan
Amendments, including the opportunity to express their views and recommendations regarding the
proposed amendments at the public hearing. The amendments are for the inclusion of the former
Muskegon Mall Property, now owned by Downtown Muskegon Development Corporation (DMDC) in
the Brownfield Plan.
FINANCIAL IMPACT: Brownfield Tax increment Financing would be used to reimburse the City,
DMDC, and possibly developers for "eligible expenses" incurred in association with development of the
Mall, starting in 2012, when the Renaissance Zone status of the Mall property will begin to expire.
DMDC currently estimates that full development of the Mall property will involve approximately $60
million in private investment, resulting in a substantial increase in the local and school taxes generated
by the property.
"Eligible Expenses" would be reimbursed starting in 2012, including the payment of 4% interest
annually. The estimated tax capture and payment schedule is included as Attachment L-4 in the
proposed Brownfield Plan Amendment. The City is also authorized by law to capture up to
$75,000/year to pay for "reasonable and actual administrative and operating costs of the Brownfield
Redevelopment Authority. As such, $50,000/year of the local tax increment will be captured to
reimburse the Brownfield Authority for its administrative costs, for a total of $550,000 over 11 years.
After all eligible costs incurred by the various parties are reimbursed (estimated to be in 2017), the BRA
is authorized to continue to capture local taxes for five more years for deposit into a Local Site
Remediation Revolving Fund. Current estimates indicate that approximately $3,460,000 could be
captured from the taxes on the Mall property for deposit into this local fund.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk
to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority will meet on
September 8, 2004, and approve the Brownfield Plan Amendment adding the Muskegon Mall to the
Brownfield Plan, and request the Muskegon City Commission set a public hearing on the Plan
Amendments, and request notification of the taxing jurisdictions of the proposed amendment and its
financial impact on each jurisdiction.
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
2004-81(9)
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 offices, on
the 14th day of September, 2004, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT:
Members Spataro, Carter, Davis, Gawron, Larson, and Shepherd.
ABSENT:
Members Warmington.
The following preamble and resolution were offered by Member Spataro and
supported by Member Shepherd:
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the
"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as
amended ("Act 381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has
prepared and approved Brownfield Plan Amendments to include the former
Muskegon Mall Property, and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendments
to the City Commission requesting its approval of the Brownfield Plan Amendments
and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the
Muskegon City Commission desires to hold a public hearing in connection with
consideration of the Brownfield Plan Amendments as required by Act 381; and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the City
Commission is required to provide notice and a reasonable opportunity to the taxing
jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield
Plan Amendments from the Authority and directs the City Clerk to send a copy of
the proposed Brownfield Plan Amendments to the governing body of each taxing
jurisdiction in the City, notifying them of the City Commission's intention to consider
approval of the Brownfield Plan Amendments [after the public hearing described
below].
2. A public hearing is hereby called on the 1ih of October, 2004 at 5:30
p.m., prevailing Eastern Time, in the City Hall Commission Chambers to consider
adoption by the City Commission of a resolution approving the Brownfield Plan
Amendments.
3. The City Clerk shall cause notice of said public hearing to be
published in the Muskegon Chronicle, a newspaper of general circulation in the
City, twice before the public hearing. The first publication of the notice shall be not
less than 20 days or more than 40 days before the date set for the public hearing.
The notice shall be published as a display advertisement prominent in size.
4. The notice of the hearing shall be in substantially the following form:
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON .AN AMENDMENT TO THE MUSKEGON BROWNFIELD
PLAN, AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on October 12, 2004, at 5:30 p.m.,
prevailing Eastern Time in the City Hall Commission Chambers located at 933
Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution
approving a Brownfield Plan Amendment for the City of Muskegon Brownfield
Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of
1996, as amended.
The property to which the proposed Brownfield Plan Amendment applies is:
Former Muskegon Mall Property
100 Muskegon Mall
Muskegon, Michigan
Copies of the proposed Brownfield Plan Amendment are on file at the office of the
City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendments for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be
open for discussion at the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of
Muskegon, Michigan.
Gail A. Kundinger,CityClerk
5. All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are rescinded .
AYES:
Members Carter, Davis, Gawron, Larson, Shepherd, Spataro.
NAYS:
Members None.
RESOLUTION DECLARED ADOPTED.
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
State of Michigan, at a regular meeting held on September 14, 2004, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
L O.~~·
I A. Kundinger, City Clerk
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN AMENDMENT
DMDC REDEVELOPMENT PROJECT
FORMER MUSKEGON MALL
Original Plan Approved by the Board of the City of Muskegon Brownfield
Redevelopment Authority on February 23, 1998, with amendments approved
August 10, 1998, June 13, 2000, April 15, 2003, July 7, 2003, April 20, 2004; and
June 21 2004.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with amendments approved August 11, 1998; July 11, 2000;
May 27, 2003, August 12, 2003, May 25, 2004; July 13, 2004; and July 27, 2004.
City of Muskegon Brownfield Plan Amendment
July 2004
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
I. INTRODUCTION
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan
B. Maximum Amount of Indebtedness
C. Duration of the Brownfield Plan
D. Displacement/Relocation of Individuals on
Eligible Properties
E. Local Site Remediation Revolving Fund
Ill. SITE SPECIFIC PROVISIONS
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11/98)
C. Beacon Recycling (Approved 7/11/00)
D. Verplank Dock Company (Approved 5/27/03)
E. Gillespie Development Property (Approved 8/12/03))
F. Loft Properties, LLC Property (Approved 8/12/03)
G. Parmenter O'Toole Property (Approved 8/12/03)
H. "The WaterMark" Project (Approved 5/25/04)
I. Northern Machine Tool (Approved July 13, 2004)
J. Terrace Lots Office Building (Approved July 13, 2004)
K. Art Works Apartments (Approved July 27, 2004)
L. Former Muskegon Mall (Approved _ _ _ __,
City of Muskegon Brownfield Plan Amendment
July 2004
I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential
properties within the boundaries of the City of Muskegon (the "City"), the City
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") pursuant to Act 381, Public Acts of Michigan, as amended ("Act
381"), and a resolution adopted by the Muskegon City Commission on February
10, 1998.
The major purpose of this Brownfield Plan ("Plan") is to promote the
redevelopment of eligible properties within the City that are impacted by the
presence of hazardous substances in concentrations that exceed Michigan's Part
201 Generic Cleanup Criteria Criteria ("facilities') or that have been determined
to be Functionally Obsolete or Blighted. Inclusion of property within this Plan can
facilitate financing of environmental response activities, infrastructure
improvements, demolition, lead or asbestos abatement, and site preparation
activities at eligible properties; and may also provide tax incentives to eligible
taxpayers willing to invest in revitalization of eligible properties. By facilitating
redevelopment of underutilized eligible properties, the Plan is intended to
promote economic growth fro the benefit of the residents of the City and all taxing
units located within and benefited by the Authority.
This plan is intended to be a living document, which can be amended as
necessary to achieve the purposes of Act 381. It is specifically anticipated that
properties will be continually added to the Plan as new projects are identified.
The Plan contains general provisions applicable to each site included in the Plan,
as well as property-specific information for each project. The applicable Sections
of Act 381 are noted throughout the Plan for reference purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act
381, as amended. Additional information is available from the City Manager.
City of Muskegon Brownfield Plan Amendment
July 2004
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(1 )(a))
Any site-specific costs of implementing this Plan are described in the site-
specific section of the Plan. Site-specific sources of funding may include tax
increment financing revenue generated from new development on eligible
brownfield properties, state and federal grant or loan funds, and/or private
parties. Where private parties finance the costs of eligible activities under the
Plan, tax increment revenues may be used to reimburse the private parties. The
initial costs related to preparation of the Brownfield Plan were funded by the
City's general fund. Subsequent amendments to the Plan are funded by the
person requesting inclusion of a project in the Plan.
The Authority intends to pay for administrative costs and all of the things
necessary or convenient to achieve the objectives and purposes of the Authority
with any eligible tax increment revenues collected pursuant to the Plan, including,
but not limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, including legal fees, and
iii) costs for Plan implementation
These eligible tax increment revenues are identified in the site-specific sections
of this Plan. As noted above, most costs related to the preparation of Plan
amendments are borne by the person requesting inclusion of a project within the
Plan.
B. Method for Financing Costs of Plan (Section 13(1/(d) and (e)))
The Authority does not intend at this time to incur debt, such as through the
issuance of bonds or other financing mechanisms. In the future, the City or
Brownfield Authority may incur some debt on a site-specific basis. Please refer
to the site-specific section of this Plan for details on any debt to be incurred by
the City or Authority. When a property proposed for inclusion in the Plan is in an
area where tax increment financing is a viable option, the Authority intends to
enter into Development Agreements with the property owners/developers of a
properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be
specified in the Development Agreement, and also identified in the Site Specific
section of the Plan.
City of Muskegon Brownfield Plan Amendment
July 2004
C. Duration of the Brownfield Plan (Section 13(1 )(f))
The Plan, as it applies to a specific eligible property, shall be effective up
to five (5) years after the year in which the total amount of any tax increment
revenue captured is equal to the total costs of eligible activities attributable to the
specific eligible properly, or thirty (30) years from the date of approval of the Plan
as it relates to an individual site, whichever is less. The total costs of eligible
activities include the cost of principal and interest on any note or obligation
issued by the Authority to pay for the costs of eligible activities, the reasonable
costs of a work plan or remedial action plan, the actual costs of the Michigan
Department of Environmental Quality's or Michigan Economic Growth Authority's
review of the work plan or remedial action plan, and implementation of the
eligible activities.
D. Displacement/Relocation of Individuals on Eligible Properlies
(Section 13(1/i, i,k.f))
At this time, eligible properlies identified in this Plan do not contain
residences, nor are there any current plans or intentions by the City for
identifying eligible properlies that will require the relocation of residences.
Therefore the provisions of Section 13(1 )(i-I) are not applicable at this time.
E. Local Sile Remediation Revolving Fund (Section B: Section 13(1/(m))
At the time this Plan includes a property for which taxes will be captured
through the increment financing authority provided by Act 381, ii is the Authority's
intent to establish a Local Site Remediation Revolving Fund ("Fund"). The Fund
will consist of tax increment revenues that exceed the costs of eligible activities
incurred on an eligible property, as specified in Section 13(5) of Act 381. Section
13(5) authorizes the capture of tax increment revenue from an eligible property
for up to 5 years after the time that capture is required for the purposes of paying
the costs of eligible activities identified in the Plan. It is the intention of the
Authority to continue to capture tax increment revenues for 5 years after eligible
activities are funded from those properties identified for tax capture in the Plan.
The amount of school operating taxes captured for the Revolving Fund will be
limited to the amount of school operating taxes captured for eligible activities
under this Plan. It may also include funds appropriated or otherwise made
available from public or private sources.
The Revolving Fund may be used to reimburse the Authority, the City, and
private parties for the costs of eligible activities at eligible properlies and other
costs as permitted by Act 381. It may also be used for eligible activities on
eligible properlies for which there is no ability to capture tax increment revenues.
The establishment of this Revolving Fund will provide additional flexibility to the
Authority in facilitating redevelopment of brownfield properties by providing
another source of financing for necessary eligible activities.
City of Muskegon Brownfield Plan Amendment
July 2004
SITE SPECIFIC PROVISIONS
L. FORMER MUSKEGON MALL
Eligibility and Project Summary (Sec. 13(1)(hl)
Downtown Muskegon Development Corporation (DMDC), a not-for-profit entity,
was formed to acquire and develop the former Muskegon Mall site. Most of the
buildings on this 23-acre site have recently been demolished, although five (5)
buildings remain standing on the site at this time. (See Map included as
Attachment L-1.) Two of the five will have their facades saved and reused: the
former Century Club and the former Muskegon Savings Bank. The remaining
three buildings are for sale and may be developed or deconstructed. The DMDC
partners are the Community Foundation for Muskegon County, the Paul C.
Johnson Foundation, and the Muskegon Area Chamber of Commerce. The City
of Muskegon is an ex-officio member of the DMDC. DMDC intends to market
this 23-acre site to developers to create a mixed use residential, commercial, and
retail development.
All of the former Mall property is now included as one parcel, #61-24-921-312-
0001-00 ("Property"). The legal description of the Property is included as
Attachment L-2. This eligible properly includes all personal property.
The Property is considered a "facility" pursuant to Part 201 of the Natural
Resources and Environmental Protection Act, and is therefore an eligible
properly pursuant to Act 381. Soils samples collected by Environmental
Resources Management in June 2004 found concentrations of lead and mercury
that exceed the Part 201 generic residential cleanup criteria.
The Property will be marketed by DMDC as a multi-developer site. Lots will be
sold according to the needs of each developer. To assure continued
beautification, appropriate quality, and architectural integrity, restrictive
covenants will be implemented by the DMDC to assure that the project develops
according to the "Imagine Muskegon" plan. Overall guidelines for the
development (i.e.: building height, style, etc.) will be developed as part of each
sales agreement.
First, Second, Jefferson and Market Streets will be rededicated in a grid similar to
the original street layout for downtown Muskegon. DMDC will sell the road and
sidewalk right-of-ways to the City of Muskegon to accommodate rededication of
these streets. The City will then construct the roads, sidewalks, streetscape,
lighting and design. The street plan will follow closely the product of Imagine
Muskegon, a planning charette involving more than 100 people in developing the
vision for downtown Muskegon. This design approach will bring a lasting beauty
to downtown Muskegon.
City of Muskegon Brownfield Plan Amendment
July 2004
The site is serviced by city water and sewer, and has appropriate electric and
natural gas supplies. Where appropriate, utilities will be upgraded and improved.
Where possible, electrical service and cable will be put underground.
This development will help support and maintain the downtown's cultural
institutions including the Museum of Art, the Muskegon County Museum, the
Hackley Public Library, the Historic District and many historic churches. In
addition, the development is key to the development of the broader downtown,
supporting the Michigan Alternative and Renewable Energy Center and Great
Lakes Water Resources Institute operated by Grand Valley University. It will also
strengthen the further development of Edison Landing (Smartzone) and the
WaterMark residences. The site is in a Tax-Free Renaissance Zone; therefore
the taxes that companies and residents do not pay comprise nearly all the state
and local taxes levied on business activity. Upon expiration of the Renaissance
Zone status, phasing in in 2012 and expiring in 2014, the City of Muskegon
intends for the Brownfield Redevelopment Authority to capture taxes to
reimburse the costs of eligible activities, including infrastructure improvements,
demolition, site preparation, and environmental response activities undertaken
after this Plan was approved.
When the Project is completed, DMDC estimates private investment of $60
million, and creation of 225 jobs.
Eligible Activities, Financing, Cost of Plan (Sec. 13(1 ){al, (bl, (cl, (g))
Eligible activities that have been conducted on the property include conducting a
Phase I and a limited Phase II Environmental Site Assessment, and demolition of
most of the buildings. Additional eligible activities that are intended to be paid for
through Brownfield tax increment revenues may include BEA and Due Care
Response Activities; additional demolition; lead and asbestos abatement; public
infrastructure improvements; and site preparation activities. Tax increment
revenues will be used to reimburse the City, DMDC, and possibly developers for
the cost of eligible activities undertaken by those parties and authorized pursuant
to Act 381. No costs shall be reimbursed with school operating tax increment
revenues unless they are conducted pursuant to a work plan approved by the
Michigan Department of Environmental Quality or the Michigan Economic Growth
Authority (MEGA).
The following are eligible activities that may be reimbursed through Brownfield
tax increment revenues:
1. MEGA Act 381 Work Plan: The cost to prepare the MEGA Act 381 Work
Plan for construction of the infrastructure and site preparation activities, in
accordance with MEDC guidelines (including MEGA review costs of
$1,000) is estimated at $3,500.
City of Muskegon Brownfield Plan Amendment
July 2004
2. MDEQ Act 381 Work Plans: Costs to prepare MDEQ Act 381 work plans
for BEA and Due Care response activities, plus costs for MDEQ work plan
review ($1,000 per work plan) are estimated at $10,000.
3. Demolition Activities. including Lead and Asbestos Abatement: While
most buildings on the Property have already been demolished, future
developers may want to demolish one or more of the remaining buildings.
Remaining demolition costs are estimated at $100,000.
4. Public Infrastructure Improvements: First, Second, Jefferson and Market
Streets will be rededicated in a grid similar to the original street layout for
downtown Muskegon. DMDC will sell the road and sidewalk right-of-ways
to the City of Muskegon to accommodate rededication of these streets.
The City will then construct the roads, sidewalks, streetscape, lighting and
design. The street plan will follow closely the product of Imagine
Muskegon, a planning charette involving more than 100 people in
developing the vision for downtown Muskegon. This design approach will
bring a lasting beauty to downtown Muskegon. The estimated costs for
these improvements are $3,611,971. Additional details regarding these
cost estimates can be found in Attachment L-3.
5. Site Preparation Activities: Surveys, borings, testing, staking, etc. costs
are estimated at $300,000.
6. BEA and Due Care Costs: Activities necessary for developers to
undertake their environmental due diligence, and any necessary costs
related to Due Care obligations, including preparation of Due Care Plans
and implementation of Due Care Response Activities, are estimated at
$500,000. This amount is intended to accommodate the needs of the
several developers anticipated to be involved in this Project.
7. Contingencies: Contingencies, estimated at 15% of estimated costs
(which total $4,525,471), would total $678,821. A summary of all eligible
expenses is included in Attachment L-3.
The following costs will be captured as allowed by law:
Brownfield Redevelopment Authority Administrative Costs: Reasonable
and actual administrative and operating costs of the BRA from non-school
taxes would be captured. $50,000/year will be captured from this Property
for Administrative Costs of the BRA.
Financing Costs: The BRA intends to capture tax increment revenue to
pay for interest on the eligible expenses incurred. Interest is calculated at
4%, compounded annually, with payback beginning in 2012. The interest
costs total $3,292,239.
City of Muskegon Brownfield Plan Amendment
July 2004
Local Site Remediation Revolving Fund: The BRA intends to capture local
tax increment revenue for five additional years after all eligible activities
plus interest are reimbursed, for deposit into the Local Site Remediation
Revolving Fund. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes
captured for MDEQ eligible activities under this Plan. Currently, the total
amount to be placed into the Revolving Fund is estimated to be
$3,460,182. There will be no use of the Local Site Remediation Revolving
Fund to finance this project.
An estimate of the yearly captured taxable value and tax increment revenues for
from the Property are shown in the tax capture table included as Attachment L-4.
This table also shows the estimate of the impact of tax increment financing on
the revenues of all taxing jurisdictions affected by this tax capture.
Financing {Section 13{1l(d)
Financing to pay for infrastructure costs may come from a variety of sources.
DMDC is seeking grant monies to help pay for some of the infrastructure costs.
Tax increment financing will not be used for eligible activities funded by grant
funds. DMDC intends to invest $1.2 million towards infrastructure costs upon
sale of property in the Project. The City of Muskegon intends to invest $450,000,
also upon the sale of property. Developers are responsible for financing of
demolition, BEA and Due Care costs. DMDC, the City, and developers would be
reimbursed for eligible activities, with interest, through the Brownfield tax capture.
A development agreement will be negotiated with any developer incurring eligible
expenses to provide for reimbursement through tax increment financing.
Effective Date of Inclusion in Brownfield Plan
The Former Muskegon Mall Property was added to this Plan on
_ _ _ _ _2004.
City of Muskegon Brownfield Plan Amendment
July 2004
ATTACHMENT L-1
SITE MAP
FORMER MUSKEGON MALL
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City of Muskegon Brownfield Plan Amendment
July 2004
ATTACHMENT L-2
LEGAL DESCRIPTION
FORMER MUSKEGON MALL
Jlll,14, ZUUlt Jl:JUt'M MUi)l\t\JVI~ I...VUl~II !II/• "t l,. VI/ I ' !.
CITY OF MUSKEGON
REVISED PLAT OF 1903
MUSKEGON MALL PROPERTY
THAT PART OF
BLK 309, BLK 310, l3LK 311,
BLK312, BLK 559, BLK 560,
BLK 561, BLK 564,
AND BLK 565 DESC AS
ENTIRE BLK 309
LYING WLY OF WLY Lfl\'E TERRACE ST AS RELOCATED
(\1/LY LINE OF TERRACE ST RELOCATED DESC AT END OF DESC)
TNCLUDlNG E/W AND N/S ALLEYS VACATED 1N SD BLK
ALSO BLK 310 LOTS I TO 11 INCLUSIVE
ANDNT.Y 112 OF VAC E/W ALLEY ADJ THERE TO
AND LOT 18 AND SLY 112 OF E/W ALLEY ADJ THERE TO SD BLK 310
ALSO ENTIRE BLK 311 EXC EIW ALLEY IN SD ELK
ALSO ENTIRE BLK 312 INCLUDING ALL VAC ALLEYS TN SD BLK
ALSO LOTS 7 TO 16 TNCLUS!VE BLK 559
LYING SLY OF MORRIS ST AND WL Y OF TERRACE ST AS RELOCATED
(SEE DESCRIPTION OF MORR!SfrERRACE BELOW)
ALSO ENTIRE BLK 560 TNCLUDJNG VAC ALLEY IN SD BLK
ALSO LOTS 3 TO 15 BLK 561 LYING SELY OF SELY LINE MORRIS ST
AND SELY 112 OF VAC 18 FT ALLEY THAT RUNS SW TO NE IN SD BLK 561
ALSO LOTS I AND 2 AND LOT 7 AND LOTS 8 TO 13 INCLUSIVE ELK 564
ALSO LOTS 1 TO 18 INCLUSIVE BLK 565
AND ENTIRE VACALLEY ADJ TO LOTS 3 TO IS INCLUSIVE SD BLK 565
ALSO INCL ENTIRE VAC WESTERN AVE
ELY OF 3RD ST AND WLY OF TERRACE ST AS RELOCATED
ALSO INCL VAC JEFFERSON ST N OF CLAY AVE
ALSO INCL VAC JEFFERSON ST N OF WESTERN AVE
ANDS OF MOIUUS A VE
ALSO INCL VAC MARKET ST WLY OF TERRACT ST (RELOCATED) AND ELY
OF A LINE DESC AS J3EG AT SECOR LOT 2 BlX 561
TH SELY ALD E LlNE SD LOT 2 IF EXTENDED 33 FT
TH SWLY ALO C/L OF MARKET ST
TO INTERSECTION WITH WESTERN AVE FOR POE OF SD.LINE
ALSO INCL SWLY 1/2 01' VAC I ST ST
ADJ TO LOTS 13 14 AND ALLEY IN BLK 311
ALSO INCL ENTIRE VAC HRST STREET
LYING N OF NLY ALLEY SD BLK 311
ANDS OF A LINE DF.SC AS
COMATNECOR LOT 13 BLK564
TH NE ALONG EXTF.NTTON OF N LINE SD LOT 13 10 FT MIL
TH S 86D 00M 00S E 5.66 FT
TH S 41D 33M 00S E 43. l FT
TH S 86D 00M 00S E 17.9 FT
Jul,14, 1004 11:31PM MU>Ktcu, cuurn
THN 49D 00M00S E 199.83 FT TO POE OF SDL!NE
.ALSO INCL THAT PART OF 2ND ST
LYING SLY OF SLY LJNE OF ALLEY IN BLK 565
IF EXTENDED ELY TO NW COR LOT 8 BLK 564
ALSO INCL THAT PART OF SWLY 1/2 OF2ND ST
ADJ TO LOT 18 BLK 565 AND LOT 8 BLK 564
(RELOCATED LINES OF MORRIS AVENUE AND TERRACE ST JS AS FOLLOWS:
COMATSWCORLOT 19BLK 309
TH.NELY ALG N LINE CLAY AVE338.40 l'r FORPOB
OF WT,Y LINE TERRACE ST
THN 34D 0!M00S W 190,25 FT
THNWLY ALG SWLY LINE TERRACE ST
ON ARC OF 482.50 FT RAD CURVE TO LEFT 221.25 FT
(LONG CHORD BF.ARS N 50D 40M W 2\ 9.27FT)
1
TH N 630 48M W Al,G SWLY L!NE TERRACE ST 284.90 FT
TH N 6JD 48M W ALG SWLY L!NE TERRACE ST 211.80 FT
TH WLY ALG ARC OF 82 FT RAD CURVE TO LEFT128.47FT
(LONG CHORD BEARINGS 71D 19M W 115.73 FT
TO SELY LINE MORRIS AVE)
AND POE OF WL Y LINE TERRACE ST RELOCATED
City of Muskegon Brownfield Plan Amendment
July 2004
ATTACHMENT L-3
SUMMARY OF ELIGIBLE ACTIVITIES &
INFRASTRUCTURE COST DETAIL
FORMER MUSKEGON MALL
BUDGET FOR ACT 381 ELIGIBLE ACTIVITIES
FORMER MUSKEGON MALL SITE
DOWNTOWN MUSKEGON, MICHIGAN
Act 381 Work Plan Development
MEGA Work Plan and MEGA Review $ 3,500
MDEQ Work Plan and MDEQ Review $ 10,000
Demolition
Demolition, including lead and asbestos abatement $100,000
Public Infrastructure
Basic Street Repairs (see attached detail) $1,921,971
Widen and Improve Sidewalks Over Base Plan 200,000
Snowmelt system on Sidewalks 500,000
Street Lighting (50 units) plus installation 125,000
Utilities (gas, telephone, cable) 200,000
Landscaping and Sprinkling in Public Right of Way 215,000
Acquisition of property for Public ROW (roads) $ 450,000
Subtotal $3,611,971
Site Preparation
Survey, Borings, Testing, Staking, etc. $ 300,000
Environmental Response Activities
BEA and Due Care Response Activities $ 500,000
Total Eligible Activities $4,525,471
Contingency and Administration at 15% $ 678,821
TOTAL $5,204,292
FORMER MUSKEGON MALL PUBLIC INFRASTRUCTURE COST ESTIMATE
STREET IMPROVEMENTS
WESTERN AVE. THIRD to TERRACE $ 612,789.20
SECOND ST. CLAY to MORRIS $ 171,556.50
FIRST ST. CLAY to MORRIS $ 174,652.80
JEFFERSON ST. CLAY to MORRIS $ 275,288.00
MARKET ST. JEFFERSON to TERRACE $ 71,280.00
TOTAL $ 1,305,566.50
WATERMAIN IMPROVEMENTS
WESTERN AVE. THIRD to TERRACE $ 133,140.00
SECOND ST. CLAY to MORRIS $ 42,780.00
FIRST ST. CLAY to MORRIS $ 26,118.00
JEFFERSON ST. CLAY to MORRIS $ 76,020.00
TOTAL $ 278,058.00
SAN. SEWER IMPROVEMENTS
WESTERN AVE. THIRD to TERRACE $ 194,460.00
FIRST ST. CLAY to MORRIS $ 44,676.00
JEFFERSON ST. CLAY to MORRIS $ 71,190.00
MARKET ST. JEFFERSON to TERRACE $ 28,020.00
TOTAL $ 338,346.00
i TOTAL $ 1,021,01O.so i
City of Muskegon Brownfield Plan Amendment
July 2004
ATTACHMENT L-4
TAX CAPTURE ESTIMATES
FORMER MUSKEGON MALL
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Date: 08/30/04
To: Honorable Mayor and City Commission
From: DPW
RE: Plow Truck Purchase
SUMMARY OF REQUEST: Approval to purchase 2 cab and chassis from
Woodland International.
FINANCIAL IMPACT: Total Cost $104,062.24
BUDGET ACTION REQUIRED: None. $140,000 was budgeted for the total
purchase.
STAFF RECOMMENDATION: Approve purchase of budgeted replacement
cab and chassis from Woodland International.
Memorandum
To: Honorable Mayor and Commissioners
From:DPW
Date: 9/7/2004
Re: Plow Truck Replacement
The Equipment Division has budgeted for the replacement of two plow trucks for
2004. The trucks that we will be replacing are both 1988 vehicles.
We solicited bids from the top three truck dealers in the weight class that meet
our specifications. They are Woodland International, Duthler Truck Center, and
Freightliner of Grand Rapids. (See attachment)
We currently have fourteen International plow trucks in our fleet and have
always received excellent service from Woodland International. Their close
proximity to the city yards is beneficial when we need repair parts and warranty
work.
In accordance with established purchasing policy, I am requesting that we
purchase two cab & chassis from Woodland International.
1
2 Plow Truck Cab & Chassis
------
- -------- --------
Bid Model
--
'
----,--- -
Woodland International $ 104,062.24 International 7400SFA
27 4 W. Sherman
----- -
Muskegon, Ml 49444
L _ _ _ ________ . •
Outhier Truck Center $107,620.00 Sterling L7500
- ·--------- ---------
4525 Clay SW
Grand Rapids Ml 49548
Freightliner $105,064.00 M2-106MD
5285 Clay Ave _____ ,, ____
Wyoming, Mi 49548
-----
-- ----------------
Date: 08/31/04
To: Honorable Mayor and City Commission
From: DPW
RE: Dump boxes and under body plows
SUMMARY OF REQUEST: Approval to purchase 2 dump boxes and under
body plows.
FINANCIAL IMPACT: Total Cost $49,578.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of 2 dump boxes and under
body plows from Truck & Trailer Specialties.
Memorandum
To: Honorable Mayor and Commissioners
From: DPW
Date: 9/7/2004
Re: Dump boxes and under body plows
The Equipment Division has solicited bids to install the dump boxes
and underbody scrapers on the two trucks that we plan to purchase this
month. The bid calls for furnishing of material and complete installation
of all the components used to outfit these trucks.
I recommend that we accept the bid from Truck & Trailer Specialties
as they have installed equipment for the City of Muskegon for the last
several years and we have been more than satisfied with their work.
They are also low bid. (See attachment)
1
- - - - - - - -
2 Dump boxes and under body plows
- - --- - - -- ~
-
~------ - - -----
Bid
._________ -- -
1---------
--
Shults Equipment $ 62,054.00
P.O. Box 127
---
Ithaca Mi. 48847
I------ -
--
--
-
Hyde Equipment
--
$ 56,264.00
-
Box 368
Petoskey Mi. 49770
- - - -
-- -
Truck & Trailer Specialties $ 49,578.00
6726 Hanna Lake Rd
Dutton Mi.
~-
~--- -----
- -
-
-- -- -
Date: 08/30/04
To: Honorable Mayor and City Commission
From: DPW
RE: Tractor
SUMMARY OF REQUEST: Approval to purchase one Freightliner CL 120
semi tractor from Freightliner of Grand Rapids.
FINANCIAL IMPACT: Cost per unit $77,065.00
BUDGET ACTION REQUIRED: None. $80,000 was budgeted for this
purchase.
STAFF RECOMMENDATION: Approve purchase of one Freightliner CL 120
from Freightliner of Grand Rapids.
Memorandum
To: Honorable Mayor and Connnissioners
From:DPW
Date: 9/7/2004
Re: Semi Tractor
The Equipment Division has budgeted for the replacement of our semi tractor
that we use on large excavation jobs, to transport our heavy equipment, and to haul
sweeper dirt. The unit that we currently are using is a 1994, which we bought used,
and is becoming a maintenance problem.
We requested bids from area dealers that market this type of heavy-duty truck.
We received bids from Woodland International, Freightliner of Grand Rapids,
Michigan Kenworth, and Duthler Truck Center. (See attachment)
We had the opportunity to evaluate all of the trucks and find that all of them are
satisfactory for the job intended. That said, purchase price is the deciding factor.
In accordance with established purchasing policy, I am requesting that we
purchase one Freightliner CL 120 from Freightliner of Grand Rapids.
1
------ ---
Tractor -
------ - --- - -- --·--- ----- ---- - -
Bid Model
-- ,,_ --
-----
Michigan Kenworth $ 87,229.00 Kenworth T800
7393 Expressway Courf
~--
C3rand Rapids Mi. 49548 -- ,- ----,--,---" ---- ,-,----,---------
-
Woodland International $ 82,605.81 7600 SBA
274 W. Sherman Blvd
- -----------
Muskegon Mi. 49444
Freightliner $ 77,065.00 Freightliner CL 120
5285 Clay Ave
Wyoming, Mi 49548
Outhier Truck Center $ 78,274.00 Sterling Lt 9513
4525 Clay Ave S.W
Wyoming Mi. 49509
-- -- -
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: September 14, 2004
RE: Public Hearing
Spreading of the Special Assessment Roll
Strong, Jefferson to Peck
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Strong Ave. from
Jefferson St. to Peck St., and to adopt the attached resolution confirming the special
assessment roll.
FINANCIAL IMPACT:
A total of $29,371.29 would be spread against the thirtccn-(13) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2004-82(a)
Resolution Confirming Special Assessment Roll
For Strong Ave. from Jefferson St. to Peck St.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 9, 2004, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten ( 10) years. Any assessment that is paid in installments shall can-y interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Strong Ave. from Jefferson St. to Peck St.
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: _ _C_a_r_t_e_r~,_D_a_v_i_s~,_G_a_w_r_o_n~,_L_a_r_s_o_n~ , ~ S~h~e~p_h~e~r~d~'~S~p~a~t~ a=r~o_ _
Nays: - -None
- - - - - - - - - - -- -- - - - - - - - - - - - - - - -
City of Mu kegon
CERTifICATE
This resolution was adopted at a meeting of the City Commission, held on September 14, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being September 14, 2004.
By_~--t=-='~ C~ot~
~' O_t_·~-l-1-~--eg-)o_n_-,i=
v~--,
~=--
Gail A. Kundinger,
City Clerl<
le
EXHIBIT A
Strong Ave. from Jefferson St. to Peck St.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Strong Ave. from .Jefferson St. to Peck St.
STRONG A VE. FROM JEFFERSON ST. TO PECK ST.
MAYOR'S ENDORSEMENT AND ,VARRANT
I, STEPI !EN J. WARMINGTON, MAYOR OF Tl-IE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DA TE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTI-I ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1578 Strong Ave., Jefferson St. to Peck St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 3rd OF SEPTEMBER. 2 ~ j
, D. ~~
GAIL A. KUNDINGER, CITY C
-
SUBSCRIBED AND SWORN TO BEFORE ME THIS
3 .Ld.. DAYOF ,.S e,,LJ fe.mbe r ,2004.
CLt,,n,dl,(J JJ. ifita_
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f/- d .S-- Cl ?
September 3, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE! OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
STRONG AVE., JEFFERSON ST. TO PECK ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
SEPTEMBER 14, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED SEPTEMBER 14, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $91,000.00 of which
$29,371.39 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $3233.8 based on 92 feet assessable front footage at $35.15 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $3233.8 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $323.38 PER YEAR
Due Date: November 15th, 2004
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
/llH~ di!JJ
Mohammed AI-Shatel, P.E. ·
City Engineer
Enclosures
CITY OF MUSKEGON - H 1578
STRONG, JEFFERSON TO PECK
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security# _ _. _ _-_ _
Spouse: Birthdate: Social Security # _ _ -_ _ -_ _
Address: Phone: Race:
Parcel # Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birthdate Social Security# _ _. _ _. _ _
Name Birthdate Social Security # _ _ -_ _-_ _
Name Birthdate Social Security # _ _-_ _•_ _
Name Birthdate Social Security# - -
.
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include ill household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mor1gage ( ) Land Contract
Homeowner 1s Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION DATE OF 9/14/04.
FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
STREET ASSESSMENT PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT -
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times-I/you have already applied, please discard.
Dear Resident:
The City of Muskegon, for roadway improvements, is specially assessing property owners in your area. City
ordinances require that property owners be responsible for the special assessment for roadwork done to their
property's assessable frontage. To assist homeowners, who may have difficulty paying the costs of the special
assessment, the City offers assessment waivers through the Community Development Block Grant (CDBG)
Program for eligible households and families. If you meet the CDBG program qualifications, the City may pay for
your special assessment to the extent that funds is available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
111come.
2003
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Flease complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reser1:es the right to ver(/j• all application information, and to reject any applications that contain falsified information or insufficient
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
CAMPUS ST., JEFFERSON ST. TOWASHINGTON A VE.
AND
STRONG AVE., JEFFERSON ST. TO PECK ST.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Campus Ave. from Jefferson St. to Washington Ave.
And
All parcels abutting Strong Ave. from Jefferson St. to Peck St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on September 14, 2004 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment ro1!s and to approve, reject, or correct the said
rolls.
Gail A. Kundinger, City Clerk
Publish: SEPTEMBER 4, 2004
ADA POLICY
The City wi11 provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
\\Muskdata\Data\ENGINEER!NG\COMMON\2004 PROJECTS MASTER\Projects\CAMPUS & STRONG, JEFFERSON- WASHINGTON &
PECK\Carnpus-Strong SA Confilm Chronicle Notice.doc
RECEIVED
CITY OF MUSKEGON
MAR 12 2004
CITY OF MIJSKEGON
ENGINEERING DEPARTMENT
Resolution No. 2004-26(c)
Resolution At First Hearing Creating Special Assessment District
For Strong Ave. from Jefferson St. to Peck St.
Location and Desc1iption of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 9, 2004 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 9, 2004, there were 46.06% objections by the owners of the
prope1iy in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and detennines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission detennines that the
assessments of costs of the City project will enhance the value of the prope1iies to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the prope1iy.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set fmih in Exhibit A attached to this resolution.
2. The City Commission dete1mines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning ofbond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Shepherd and Gawron
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 27.81 % of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in prope11ies to be assessed of the hearing at which the
City Commission will consider confomation of the special assessment roll.
This resolution adopted.
Ayes: Spataro, Wmmington, Carter, Davis, Gawron, Larson
Nays: None
CITY OF MUSKEGON
By P4Q, ~
Gail A. Kundinger,Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 9, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CTTY OF MUSKEGON
EXHIBIT A
Strong Ave. from Jefferson St. to Peck St.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Strong Ave. from Jefferson St. to Peck St.
H
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Strong Ave. Jefferson St. to Peck St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
O,L
UNITED STATES MAIL RECEPTACLE ON THE 27TH DAY OF FEBRUARY,
2004.
GAIL A. KUNDINGER, CITY
SUBSCRIBED AND SWORN TO BEFORE ME THIS
I/ fA DAY OF /JJ~ , 2004.
d t/rida J lo/tM
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-o1,r ~ct
H 1578 HEARING DATE SEPTEMBER 14, 2004
STRONG AVE., JEFFERSON ST. TO PECK ST.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-384-0006-00 1260.0 JEFFERSON S WILLIAMS INVESTMEN 2377 E RIVERWOOD TWIN LAKE Ml 49457 $3,233.80 $0.00 $3,233.80
24-205-384-0006-10 86.0 STRONG AVE MAY PROPERTY MAN 3947 NORTON HILLS MUSKEGON Ml 49441 $1,406.00 $0.00 $1,406.00
24-205-384-0007 -00 78.0 STRONG AVE GODBOLD ANISSA 744 MOULTON AVE N MUSKEGON Ml 49445 $1,335.70 $0.00 $1,335.70
24-205-384-0007-20 1259.0 SANFORD ST SMITH JAMES 1259 SANFORD ST MUSKEGON Ml 49441 $1,652.05 $0.00 $1,652.05
24-205-383-0006-00 1258.0 SANFORD ST ASBELCO PROPERTY 830 TOSTENABE LN MUSKEGON Ml 49445 $1,441.15 $0.00 $1,441.15
24-205-383-0006-10 34.0 STRONG AVE ASBELCO PROPERTY 830 TOSTENABE LN MUSKEGON Ml 49445 $1,757.50 $0.00 $1,757.50
24-205-383-0007-00 1249.0 PECK ST LIVINGSTON JASON/LI 712 MOULTON AVE NORTH MUSKEMI 49445 $1,476.30 $0.00 $1,476.30
24-205-383-0007-10 1259.0 PECK ST QUALITY COMMUNICA 1240 4TH ST MUSKEGON Ml 49441 $1,581.75 $0.00 $1,581.75
24-205-395-0001-00 1292.0 JEFFERSON S ST JEAN'S CATHOLIC 1292 JEFFERSON MUSKEGON Ml 49441 $6,643.35 $0.00 $6,643.35
24-205-394-0001-00 1280.0 SANFORD ST BECKMAN FLOYD 4106 FENNER MUSKEGON Ml 49445 $1,722.35 $0.00 $1,722.35
24-205-394-0001-10 29.0 STRONG AVE CLOETINGH RUSSELL 1275 PECK ST MUSKEGON Ml 49441 $1,195.10 $0.00 $1,195.10
24-205-394-0016-00 23.0 STRONG AVE CLOETINGH RUSSELL 1275 PECK ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-205-394-0015-00 1275.0 PECK ST CLOETINGH RUSSELL 1275 PECK ST MUSKEGON Ml 49441 $2,882.30 1,286.44 $4,168.74
9/7/2004
Page 1 of 2
H 1578 HEARING DATE SEPTEMBER 14, 2004
STRONG AVE., JEFFERSON ST. TO PECK ST.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING / SW TOTAL
TOTALS $28,084.85 $1 ,286.44 $29,371 .29
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
~ EQUALlttti~
9-/t-Ot../
9/7/2004
Page 2 of 2
Church of St. Jean Baptiste
1292 Jefferson St.
Muskegon, Michigan 49441-2027
231-722-2793
Fax 231-726-5976
September I 0, 2004
Mr. Mohammed Al-Shatel, P. E.
City of Muskegon
933 Terrace Street
PO Box 536
Muskegon,MI 49443-0536
Dear Mr. Shatel,
I am writing to protest the amount of the assessment to our church for the repaving of Strong
A venue. Please note the following:
1. New curbs were not needed. The old ones were in good condition.
2. New pedestrian walks at the corners were not needed. The old ones were intact.
3. The new driveway off of Strong was not needed. The old one was intact.
4. As far as we know, we were not hooked up to new utilities.
5. The only portion of the project we agreed was needed was the asphalt repairs to
Strong. Even with this repair, the parishioners only use Strong one day a week-
Sunday - so you have assessed us to pay for 25% of the special assessment with very
little use or benefit.
I look forward to hearing from the City of Muskegon Commission regarding lowering the
amount of our assessment.
Sincerely,
1HLv. 9a,~r-e;.?
Rev. James B. Wyse, Pastor
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CITY Or MUSKEGON
SEP 1 3 2004
ENGINEERING DEPARTMENT
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: September 14, 2004
RE: Public Hearing
Spreading of the Special Assessment Roll
Campus from Washington to approximately 100' north of Fourth St.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Campus Ave. from
\Vashington to approximately 100' north of Fourth St., and to adopt the attached resolution
confirming the special assessment roll.
FINANCIAL IMPACT:
A total of $28,086.26 would be spread against the fourteen-(14) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2004-8 2 ( b)
Resolution Confirming Special Assessment Roll
For Campus Ave. from Washington to approximately 100' north of Fourth St.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 9, 2004, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a p01iion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed prope1iies, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Campus Ave. from Washington to approximately 100' north of Fourth St.
Continued ...
3. The Clerk is directed to endorse the ce11ificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: _ _D_a_v_i_s_,_ G
_ a_w_r_o_n-'-
, _L
_ a_r_s_o_n_,c__..._s;_h_e...._p_h_e_r_d--'-
, _ Sj.p_a_t_a_r_o__,__,_ C_a_r_t_e_r_ __
Nays: - -None
-- - - - - - - - - - - - - - - - - - - - - - - - -- -
City of Mus egon
By __;~~,~O'-----''=-~ ~ ~ ~~
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on September 14, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of I 976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being September 14, 2004.
City of Muy egon
By ~ Q~ ~ck- .
Ga i 1 A • Kun d in g er , MMr
City Clerk
EXHIBIT A
CAMPUS AVE. FROM JEFFERSON ST. TO WASHINGTON AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Campus A,•e. from Washington to approximately 100' north or
fourth St.
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CAMPUS AVE. FROM WASHINGTON TO APPROXIMATELY 100' NORTH OF
FOURTH ST.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DA TE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUSKEG
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1579 Campus Ave. , Jefferson St. to Washington Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 3rd OF SEPTEMBER. 2~/
~°==~~ µ,
GAIL A. KUNDINGER, CITYCa ERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
..3 cd DAY OF 5eof-em i er
, , 2004.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f ~o1 .s-~{JG
September 3, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
SEPTEMBER 14, 2004 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent
or in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED SEPTEMBER 14, 2004 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $143,000.00 of which
$28,086.26 will be paid by special assessment. If the special assessment is confirmed, your property will
be assessed $2319.9 based on 66 feet assessable front footage at $35.15 per assessable foot for the
street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $2319.9 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $231.99 PER YEAR
Due Date: November 15th, 2004
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
//!H~ddJJ
Mohammed AI-Shatel, P.E. ·
City Engineer
Enclosures
CITY OF MVSKEGON -H 1579
CAMPUS, JEFFERSON TO "'ASHINGTON
CDBG .\PPLIC .\ TION FOR W .\IVER
- OF SPECIAL ASSESSMENT
'
HOUSEHOLD INFORJ\1ATION
Name: Birthdate: Social Security # _ _-_ _•_ _
Spouse: Birthdate: -
Social Securit)' # - - - - - - - -
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment let1er for this information)
Number Living in Household: List infonnation for household members besides owner/spouse here,
Name Birthdate Social Security# _ _ . _ _ -_ _
Name Birthdate Social Security# _ _ . _ _. _ _
Name Birthdate Social Security#
- --- --- -
Name Birthdate Social Security# _ _ _ _ _-_ _
. .. ' '
-
•. · .. INCOME INFORMATION -·
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
\'\'age earner:
Wage earner:
\\'age earner:
Total: $
..
·. PROPERTY INFORMATION '
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeo"··ner~s Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
· (Property taxes must be current to qualify and will be verified by CDBG stafl)
.
',· . ..
',
,. OWNER'S SIGNATURE . \_ ·. . .·
'
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief, The property owner's signature will be required prior to the application
being processed, NO APPLICATIO;'iS WILL BE ACCEPTED AFTER CO:'IF!R.,1ATION DATE OF 9-14-04.
FOR OFFICE USE 0:'IL Y
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO,
SIGNATURE TITLE
COMME:S:TS'REMARKS
**ATTENTION APPLICANT**
Please sec reYerse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
STREET ASSESSMENT PROGRAM
COl\IMUNITY DEVELOPMENT BLOCK GRANT -
REQUEST FOR "'AIVER OF SPECIAL ASSESSMENT
Note: You may receive this application several times-I/you have already applied, please discard.
Dear Resident:
The City of Muskegon, for roadway improvements, is specially assessing property owners in your area. City
ordinances require that property owners be responsible for the special assessment for roadwork done to their
property's assessable frontage. To assist homeowners, who may ha\'e difficulty paying the costs of the special
assessment, the City offers assessment waivers through the Community Development Block Grant (CDBG)
Program for eligible households and families. Jfyou meet the CDBG program qualifications, the City may pay for
your special assessment to the extent that funds is available.
Application Requirements:
✓ Applicants must submit proof that their Iola! household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2003, peiision or orh"r benefit checks, bank statements for direct deposits or agency statements for all household
income.
2003
165% MEDIAN HOUSEHOLD INCOME CHART I
FAMILY SIZE INCOME LIMIT
1 $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,215
7 49,400
8 52,585·
For each extra, add 3,185
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
. Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City resen 1es 1he right to verify all application i11formation, and to reject any applications that contain falsified in/onnation or insufficient
documenra1ion.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
CAMPUS ST., JEFFERSON ST. TO WASHINGTON A VE.
AND
STRONG AVE., JEFFERSON ST. TO PECK ST.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Campus Ave. from Jefferson St. to Washiugton Ave.
And
All parcels abutting Strong Ave. from Jefferson St. to Peck St.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on September 14, 2004 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed, The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or coTI'ect the said
rolls.
Gail A. Kundinger, City Clerk
Publish: SEPTEMBER 4, 2004
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 I) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
\\Muskdata\Data\ENGINEERrNG\COMMON\2004 PROJECTS MASTER\Projects\CAMPUS & STRONG, JEFFERSON- WASJ-IINGTON &
PECK\Campus-Strong SA Confirm Chronicle Notice.doc
RECEIVED
CITY OF MUSKEGON
CITY OF MUSKEGON MAR 12 2004
Resolution No. 2004-26(d) ENGINEERING DEPARTMENT
Resolution At First Hearing Creating Special Assessment District
For Campus Ave. from Washington to approximately 100' north of Fourth St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on March 9, 2004 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held March 9, 2004, there were 31.35% objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Shepherd and Gawron
-----------
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 19.86% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staffis hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes: Warmington, Carter, Davis, Gawron, Larson, Spataro
Nays: None
CITY OF MUSKEGON
By ~gd~ ~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 9, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
a-'----L-=-'Clerk
By ~LGail-==--=
·A. Kundinger, -=~~ ~
·=------
EXH!BITA
CAMPUS AVE. FROM JEFFERSON ST. TO WASHINGTON AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abuttiug that section of Campus Ave. from Washington to approximately 100' north or
Fourth St.
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AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Campus Ave. Jefferson St. to Wahington Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 27TH DAY OF FEBRUARY,
-
2004.
L O_ ~
~
GAIL A. KUNDINGER,ClTYERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
1/tA DAY OF /Zlaa,cA 2004.,
d~a J tlfvc
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 9-;zs-o 6
H 1579 HEARING DATE SEPTEMBER 14, 2004
CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
SPECIAL ASSESSMFNT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-398-0012-10 1411.0 5TH ST THOMAS EDNA J 190 WASHINGTON AV MUSKEGON Ml 49441 $2,319.90 $0.00 $2,319.90
24-205-398-0013-00 1403.0 5TH ST CROCKER JAMES D/K 1403 5TH ST MUSKEGON Ml 49441 $959.60 $0.00 $959.60
24-205-397-0009-20 1392.0 5TH ST BISSON RICHARD E 1392 5TH ST MUSKEGON Ml 49441 $2,109.00 $0.00 $2,109.00
24-205-397-0007-00 160.0 CAMPUS AVE THURSTON ARTHUR 3164 DUNE ST MUSKEGON Ml 49441 $1,511.45 $0.00 $1,511.45
24-205-397-0006-00 154.0 CAMPUS AVE FETTIG TODD M/ERIN 154 CAMPUS AVE MUSKEGON Ml 49441 $1,517.07 $0.00 $1,517.07
24-205-397-0006-10 148.0 CAMPUS AVE WINEGAR R/KLINGEM 148 CAMPUS AVE MUSKEGON Ml 49441 $1,502.66 $0.00 $1,502.66
24-205-397-0005-00 1347.0 4TH ST ERICKSON DAVID/JAN 1347 4TH MUSKEGON Ml 49441 $2,319.90 $0.00 $2,319.90
24-205-399-0006-00 170.0 WASHINGTON DORSEY PAMELA J 170 WASHINGTON AV MUSKEGON Ml 49441 $2,706.55 $0.00 $2,706.55
24-205-399-0008-00 165.0 CAMPUS AVE PASTOOR TODD J 165 CAMPUS A VE MUSKEGON Ml 49441 $2,917.45 $0.00 $2,917.45
24-205-399-0009-00 159.0 CAMPUS AVE WINEGAR PHYLLIS C 159CAMPUSAVE MUSKEGON Ml 49441 $1,335.70 $0.00 $1,335.70
24-205-399-0001-00 153.0 CAMPUS AVE STEIN JEAN M 153 CAMPUS AVE MUSKEGON Ml 49441 $1,968.40 $0.00 $1,968.40
24-205-399-0001-10 123.0 CAMPUS AVE NEAL PATRICIA L 123 CAMPUS MUSKEGON Ml 49441 $3,125.89 $0.00 $3,125.89
24-205-399-0001-20 115.0 CAMPUS AVE ROZYSKI STEPHEN C 115 CAMPUS MUSKEGON Ml 49441 $1,529.03 $0.00 $1,529.03
24-205-396-0004-20 1348.0 4TH ST 2005 C/W 24-205-396-0 1338 4TH ST MUSKEGON Ml 49441 $2,263.66 $0.00 $2,263.66
9/7/2004
Page 1 of 2
H 1579 HEARING DATE SEPTEMBER 14, 2004
CAMPUS ST., JEFFERSON ST. TO WASHINGTON AVE.
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING / SW TOTAL
TOTALS $28,086.26 $0.00 $28,086.26
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMP1
BOARD OF ASSESSORS
DATE
22 -c;/'
DATE
9/7/2004
Page 2 of 2
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2005 BUDGET
WHEREAS, the City Manager has submitted a proposed Budget for 2005 in accordance
with the City Charter and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act11 ; and,
WHEREAS, the 2005 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning January 1, 2005 is hereby
determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-10101 City Commission 87,658
101-10102 City Promotions & Public Relations 15,188
101-10145 City Attorney 401,000
101-10172 City Manager 206,199
101-10875 Contributions to Outside Agencies 152,500
101-10891 Contingency and Bad Debt Expense 450,000
101-20173 Administration 169,748
101-20215 City Clerk & Elections 342,947
101-20220 Civil Service 168,000
101-20228 Affirmative Action 86,198
101-20744 Julia Hackley Internships 8,000
101-30202 Finance Administration 415,791
101-30205 Income Tax Administration 340,900
101-30209 Assessing Services 406,461
101-30248 Information Systems Administration 336,411
101-30253 City Treasurer 388,201
101-30851 Insurance Premiums 349,375
101-30906 Debt Retirement 3,000
101-30999 Transfers to Other Funds 890,000
101-40301 Police 8,037,516
101-50336 Fire 3,488,809
101-50387 Fire Safety Inspections 932,324
101-60265 City Hall Maintenance 248,666
101-60446 Community Event Support 65,720
101-60448 Streetlighting 533,600
101-60523 Sanitation 1,566,550
101-60528 Recycling 165,027
101-60550 Stormwater Management 13,917
101-60770 Senior Citizen Transit 61,987
101-70276 Forestry & Cemeteries Maintenance 487,898
101-70585 Parking Operations 35,040
101-70751 Parks Maintenance 1,154,811
101-70357 Graffiti Removal 5,000
101-70757 McGraft Park Maintenance 46,881
101-70775 General & Inner City Recreation 383,397
101-70863 Farmers' Market and Flea Market 43,911
101-60387 Environmental Services 312,355
101-80400 Planning, Zoning and Economic Development 407,108
101-90000 Major Capital Improvements 10.000
Grand Total General Fund Appropriations $23 218 094
102
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 7,863,475
203 Local Streets 2,158,272
254 LC. Walker Arena 923,764
264 Criminal Forfeitures 10,000
260 Land Reutilization 1,000
285 Tree Replacement 3,000
305 TIFA Debt Service 60,000
306 Special Assessment Debt 70,000
394 Downtown Development Authority Debt 700,000
BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2005 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $ 13,508,325
Licenses and Permits 980,500
Federal Grants 184,717
State Grants 17,000
State Shared Revenue 4,688,657
Charges for Sales & Services 2,157,104
Interest & Rentals 215,053
Fines& Fees 477,000
Other Revenue 457,250
Other Financing Sources 580,000
Use of Fund Balance 0
Total General Fund Revenue
Appropriations $23 265 606
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 7,863,475
203 Local Streets 2,158,272
254 LC. Walker Arena 923,764
264 Criminal Forfeitures 10,000
260 Land Reutilization 1,000
285 Tree Replacement 3,000
305 TIFA Debt Service 60,000
306 Special Assessment Debt 70,000
394 Downtown Development Authority Debt 700,000
103
BE IT FURTHER RESOLVED that the operating expense projections for the following non-
budget funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
404 Public Improvement Fund $55,000
403 Sidewalk Improvement Fund 608,333
482 State Grants Fund 3,400,000
590 Sewer 4,758,440
591 Water 9,745,336
594 Marina/Launch Ramp 2,261,677
661 Equipment 2,331,531
642 Public Service Building 575,101
643 Engineering Services Fund 633,203
677 General Insurance Fund 4,125,802
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act'', define the
City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
2004:
PURPOSE MILLAGE (MILLS)
General Operating 7.5000
Sanitation Service 2.5000
Promotion ....Qill
Total 10.0768
At a regular meeting of the City Commission of the City of Muskegon, on the twenty-third Day of
September 2004, the foregoing resolution was moved for adoption by Commissioner
_ _ _ _ _ _ _ _ . Commissioner_ _ _ _ _ _ _ _ _ _ supported the motion.
Resolution declared adopted.
Mayor City Clerk
104
Date: September 8, 2004
To: Honorable Mayor and City Commissioners
From: City Treasurer
RE: Approval of Pay Station Agreement with USA Mail Today,
Muskegon, Michigan
SUMMARY OF REQUEST:
In an attempt to better serve those individuals who are unable to come to City Hall to pay
their utility bills, the City Treasurer requests to allow payments to be made at USA Mail
Today located at I 071 S. Getty St., Muskegon, Michigan.
FINANCIAL IMP ACT:
We anticipate a decrease in delinquent utility bills due to the convenience of a "one stop"
payment location and a possible increase in utility cash flows to the City of Muskegon.
BUDGET ACTION REQUIRED:
There is a five dollar ($5.00) monthly fee to be billed quarterly to the City of Muskegon.
STAFF RECOMMENDATION:
The staff recommends the approval of the service agreement with USA Mail Today to
accept City of Muskegon utility bill payments at their location.
COMMITTEE RECOMMENDATION:
th
The Committee of the Whole will meet on Monday, September 13 to further discuss this
item.
2004-83(a)
WATER/SEWER BILL PAYMENT STATION
SERVICE AGREEMENT .
THIS AGREEMENT, entered into as of 20th day of August, 2004, between USA MAIL
TODAY, 1071 South Getty Street, Muskegon, Michigan, ("Agency"), and.CITY OF
MUSKEGON, 933 Terrace Street, Muskegon, Michigan, ("Client").
WITNESSETH:
WHEREAS, Agency is fully Bonded to perform the contracted service; and,
WHEREAS, Client has water/sewer bills that it desires to have customers make payments at
Agency's location for customer convenience, and,
WHEREAS, Client and Agency have agreed upon the terms and conditions to be executed by
Agency;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. Agency will accept current City of Muskegon Water/Sewer Bills. Agency will not
accept water shut off notices or other special billings issued by Client.
2. Agency agrees not to make any arrangements, representations, or other acts that
could be construed as an act of an agent or officer of the Client.
3. Agency agrees to indemnify, defend and hold Client harmless from and against any
and all claims, demands, debts, actions, or causes of actions of whatever type or
nature arising in any way from or connected with any activity of Agency, its
agents, attorneys, or employees, in the collection or the attempt to collect any
account or accounts referred to it by Client under this Agreement.
4. Agency will provide said service to the public at no cost the Client. Any charges,
surcharges, bank charges and all other tangible fees will be the burden of the
customer.
5. Payments from Agency to Client will be made electronically via ACH, after 12:00
p.m. on the next business day after receipt from customer. Agency agrees to remit
to Client a list of payments made on accounts and amounts via e-mail no later than
12:00 p.m. the next business day after receipt from customer. Original paper
billings used in payment processing will be either delivered by the Agency to the
Client, picked up by the Client, or mailed by the Agency to the Client on a weekly
basis.
6. Client agrees to pay a surcharge of five dollars ($5.00) per month to Agency to
cover administrative costs, which is to be billed quarterly by Agency to Client.
7. A review of this agreement will occur after the first one hundred and eighty (180)
days to examine the total volume and payments made to make any adjmtments and
alterations to this agreement as needed to meet the requirements of both parties
involved.
8. Confidentiality. Both parties agree to keep confidential all customer information,
personal bank account information, and all other tangible documents as prescribed
by law.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and
year first above written.
CITY OF MUSKEGON
9-J'/-tJ </
Effective Date
LO.L·~
Gail A. Kundinger- City Clerk
1-11-a t/
Effective Date
USA MAIL TODAY
(Qo1~ 8--~5-6t(
Pat Alviar - USA Mail Today Effective Date
Owner/Operator
2
DATE: August 31, 2004
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040007 Address:
523 W. Webster.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
523 W. Webster - JUST OUTSIDE OF AREA 10 is unsafe, substandard, a
public nuisance and that it be demolished within thirty (30) days. It is further
requested that administration be directed to obtain bids for the demolition of the
structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: # EN-040007 - 523 W. Webster
Location and ownership: This structure is located on Webster between Sixth and
Seventh and was owned by William Gooden, who is recently deceased.
Staff Correspondence: This case began 1/26/04 because of numerous
complaints of parties and the police being called. The notice and order to repair
was issued on 1/26/04. The case went before the HBA on 6/4/04 and George
Gooden was present. The HBA declared the structure with a 60 day delay
before sending to commission.
Owner Contact: At the HBA meeting George Gooden stated he was awarded
this property when it went through Probate after William Gooden's death. He
stated he is not sure what he'll do with the property, but asked if he could use it
as a "guest house" for friends to stay in. He also stated if it cost too much to
repair he would tear it down. He was present at the party that the police shut
down in April. At the HBA meeting he was ordered to bring in a copy of the
Probate order showing he was the owner and if progress was being made on
repairs the case would not be forwarded to city commission. No copy of the
Probate order has been submitted, nor permits applied for.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $17,600
Estimated cost to repair: $25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files'OLKIA\AGENDA 523 W Webster.doc
M page 1 of 2
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, September 14, 2004.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files'OLKIA\AGENDA- 523 W Webster.doc page 2 of2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
523 W. Webster
(INTERIOR INSPECTION)
6/16/04
Inspection noted:
1. Electric service to be replaced to meet 2003 Michigan Residential Code.
2. Assure grounding at 3 wire outlets.
3. Provide GFI protection where required by 2003 Michigan Residential
Code.
4. Water piping to be replaced.
5. Mechanical needs to be serviced and certified.
6. Chimney needs liner.
7. Waste pipe requires repair.
8. Replace all damaged exterior siding.
9. Scrape and paint entire home or install new siding.
10. Home foundation is failing - rebuild failing sections to meet 2003 Michigan
Residential Code. Foundation wall failure, floor joists are improperly
supported; large bows in flooring.
11. Upper landing has structural failure; cracked joists, no hangers.
12. Replace all damaged floor, wall, ceiling damage.
13. Outer staircase needs guardrails, handrails to meet 2003 Michigan
Residential Code. Close off risers over 4 inches high.
14. Replace window frame openings (rotted out).
PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-
724-6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK!A\523 W Webster-
Interior.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
523 W. Webster
1/26/04
Inspection noted:
1. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. See attached Property Maintenance Inspection Report dated November 25, 2003.
3. Foundation is failing.
4. Construction permits are required prior to any work commencing.
Please contact Inspection Services with any questions: 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
Henry Faltinowski, Building Inspector DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\523 W Webster-
Exterior.doc
9df" LH0 3 0
..... , _,. ., ......
DATE: August 31, 2004
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040048 Address:
1842 Franklin.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1842 Franklin -South of AREA 12 is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.
Case# & Project Address: # EN-040048- 1842 Franklin
Location and ownership: This structure is located on Franklin between Laketon
and Windsor and is owned by William Grimm.
Staff Correspondence: This case began 4/29/04 because of numerous
complaints of a dangerous situation for neighborhood children. The owner
started an addition on the house and stopped after the blocks were laid. The
area was filled with water and neighbors were concerned about children falling in.
The notice and order to repair/remove was issued 4/30/04 and on 6/3/04 the
HBA heard the case. The case was tabled indefinitely to allow the owner time to
complete the repairs and pull a permit for the scope of the work being done. The
case was brought back to the HBA 8/5/04 and was declared dangerous.
Owner Contact: Mr. Grimm was present at both HBA meetings and stated he
wanted to complete the repairs. On August 24th an inspector noted the house
had been demolished, but the site not totally cleared. The blocks from the
addition and the original foundation is still remaining.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $12,700
Estimated cost for site clearance: $2500
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, September 14, 2004.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKlA\AGENDA 1842 Franklin.doc page I of I
·~ '
-'~.·
' '
. ·'
DATE: August 31, 2004
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040036 Address:
1130 Sanford.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1130 Sanford -AREA 10 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-040036 - 1130 Sanford
Location and ownership: This structure is located on Sanford between Houston
and Monroe and is owned by Countrywide Home Loans in California.
Staff Correspondence: This case began 5/04 because of the house being
vacant, open and large amount of trash & debris left. A dangerous building
inspection was conducted on 3/5/04 and the notice and order to repair was
issued on 3/22/04. On 5/6/04 the HBA declared the structure substandard and
dangerous. An interior inspection was conducted 7/2/04.
Owner Contact: The contractor working for the mortgage company scheduled
the interior inspection and stated he would be doing repairs on the house. After
receiving the inspection report, Amanda from Countrywide Mortgage stated they
will be selling the house as is.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $16,600
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, September 14, 2004.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files'OLKlA\AGENDA-1130 Sanford.doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1130 Sanford
(INTERIOR INSPECTION)
7/2/04
Inspection noted:
1. Rewire house to meet 2003 Michigan Residential Code.
2. Install smoke alarms hardwired with battery back up to meet 2003
Michigan Residential Code.
3. Wire garage to meet 2003 Michigan Residential Code if applicable.
4. Repair rafter tails on south side; severe sag.
5. All interior ceiling, wall and floor damage must be repaired/replaced.
6. Remove cantiliver from front porch.
7. All handrails/guardrails to meet 2003 Michigan Residential Code.
8. Seal off attic area - upper.
9. Egress windows to meet 2003 Michigan Residential Code.
1O. Repair stairs, tread.
11. Complete plumbing and mechanical to be replaced to meet 2003 Michigan
Residential Code.
PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-
724-6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1130 Sanford-
Interior.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1130 Sanford
3/5/04
Inspection noted:
1. Garage roof -siding is missing-rotting. Doors are broken or missing.
Replace roof covering.
2. Window framing and siding on home requires repair/replacement.
3. Rotted basement window sills and frames - replace.
4. Numerous broken windows - replace.
5. All exterior handrails, guardrail must meet code.
6. Scrape and paint siding on home or replace.
7. Replace all roof covering on home.
8. Interior inspection with building, plumbing, mechanical, and electrical
inspectors required.
9. All work requires construction permits. These permits must be obtained
prior to work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\I 130 Sanford-
Exterior.doc
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