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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 /' r,==:= =================================-= - - 1325 BREWER ENTERPRISES II, INC. OBA CLOVER BAA 817 E. FOREST AVE. MUSKEGON, Ml 49442 74-5-724 DATE_ .P, ~ -_/_7_-_ t:>_y - ·_ _ ~ J.Y .----:W-~ THE /l ~ /J ~ - - i • . I . $ _ _,,Y~'---'(}H---~__..~ c..=..,,_ c:::;,_. RDER OF_ _t.;.,,t,,7 --==,~ -~- - -- - --------'I ~,7D - 7 ----!l'- !w-C:. . .,:;)._ ..L/2"--'' / :.....::.....:~ e:..: ,Vv e:....:....__:::p/ _ _cf'IJ'~=:..;,t£L - -l,,-~~c..:::.....:=:1c):.c.___~___:__;;1 _ _ _ _ _ _ __ _ OOLLARS l'.D .trt> _:;_: ~~,.,..... li.1\. , , .. a,,. Fifth ThirJ ~nk WESTERN MICHIGAN GRANO RAPIDS, MICHIGAN a:=: o:■-□-□-~-j-2_5_1 •-,:-□-7-2-'--t □-□-□-S-2-,:-?lbl/!fi:tf-,&'-'-~------ c==, lOO~XJ(l(l()(JOOOO(::~ ~'(0: YOIJk' REL E: 1P tlHI U( Yn:=_ _IU .-ALL AGAIH • ';I::,· ,m;;~ _; r 1 ir CHECK 250 - .._~_ __,,~I I 08:26/ll'ID9··0Y-·2 L ~; 37'48 Llt·IDA 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 l r 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 _.,/ J227552vl 15135/09 I 393 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 2 3227552vl 15135/091393 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. 3 3227552vl 15135/091393 (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 4 3227552vl 15135/091393 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. 5 3227552vl 15135/091393 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, 6 3227552vl 15135/091393 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. 7 3227552vl 15135/091393 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. 8 3227552vl 15135/091393 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 9 3227552vl 15135/091393 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, 10 3227552vl !5135/091393 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: 11 3227552vl 15135/091393 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. 12 3227552vl 15135/091393 By: M_i_chae.l H. Bozym Its: Superj.ntendent/MAISD Date: September 17, 2004 13 3227552vl l5135/091393 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 $450,000, also upon the sale of property. Developers are responsible for financing of demolition, BEA and Due Care costs. DMDC, the City, and developers would be reimbursed for eligible activities, with interest, through the Brownfield tax capture. A development agreement will be negotiated with any developer incurring eligible expenses to provide for reimbursement through tax increment financing. Effective Date of Inclusion in Brownfield Plan The Former Muskegon Mall Property was added to this Plan on _ _ _ _ _2004. City of Muskegon Brownfield Plan Amendment July 2004 ATTACHMENT L-1 SITE MAP FORMER MUSKEGON MALL l"'~ri.~~ ------------ ,,,..oo,:,in E ;ii: :1: ~ ii I '.)NOf 30 ~3~00H 'd&ot:Hflriwdb1iIA~(fNd$"ii>ISnW NMOJNMda lN3Vlld013/\303):l NMO!NMOO •I i !! :ti . . " 1·II Ii _,_._: - -- ..... 0 (J z Q. ~ ;, !! " --~j ,, ' 'I' I I ' w Cl 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 1 t 88 8 8 8 8 8 i! " ' 0 l"OH-+-t-1-l I iiiiiii --•-i-~IJ t. - ~ ~ H-1-+-l-+-t-l-+-J-H-++-11--+-f--t-l--l"ot--l-".lo'o = -l'o"-t-t--1-1-+-l"-o ~o'+o"-t--/'o'-jeo ~o.f--+o"-+"o-l'o'+-1"8'l'~ ~ ~.j'84"8.~8'-/--1--l'i!'t-J-'iC/i"-f"i.j'i4'-ijSi.j'i"-J--t--l8"'-t--fSlf--+_Fl-f'~"I r r H7 -++++--t-+-H-+++t-t-t-ro++o"--l'o~o++o~+++--J-roTo+o~--1"-ooo 000 1-H-+~-+-H-+-r-+-+-H-+-+I-Hi-l"o+_µo~o·~ot-µo~++-l-H•o~o~o~-/O~o~o~-10~0~0'-1--l8888i8s l--+--f--l-+-+---l--+--l-+--HH-+-+---1---l--l- C-f"o-l-~o'--l'o'--l-"o'-1--l _ 0 0 0 HH-+-+++--l-Hi-1-+-+---l--+-l-l-i-l-+o~l---l'o~o4eot-µo~-I-- -t-Hro+"ofo',--f"o+o"--l'o't--f"-f'-I-- -t-H-++-I-H-+-f--1--Ll'O>__[__j_<O'J'O .eo Ho"--l--+-11--+- _ O o o -1· J-+--H-<--l----l----1--+--l-HH-+---l---1---l--l-~--!Sooo s - i!:. ~5~ 0 J_<0'-/--J-'~'1-lt,'--l-"-~H--l'~ & g H++-1--+++--i-+-++--H-l-+--H-+-l'l. J_<0'JS- - .-f,J - ~2:':!:ll:'.l8i~ 1 '-+"H;~=l--1'1"--l"!t-i--l"tl;'>_j'~t-Hi"--l"l_µ,"-t-l-'~-l'i"--l"IH ~i!~~i ·1' J J -<---l----1---l--l--H-+-+-- --HH--l----l---1---l--l-~-0°' o i ... "' "' 0, iii ~ "' -· t l-+-S-l-C~H-+-f--r+-f--r'-l--l-+-+--4--+";-l-<-~§Fo,,!_,-4·,,_ij1-.J'OS/_S-O1--+-lo"-/o ,o_l-+t+f'--1-"; l-l';'-1"-o1"'1'-1----l'f~;l"'!-l'i,,;,._,,.!+-8+8"-+---1----<I"+- iH Hd ---"-- ... .. ••• . .. ...................... ,.-·" ~ 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 z µl :,:; Cl) Cl) µl Cl) Cl) ""H ""..., u H <0 H H H p:; 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 {4 ,;-<_- l.=iC:C;::JVt::O 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. ~:¥1' I -ti :}1 - i1 ·--iJ J,, j_'J ~l 'Z, ➔ l ~ !,i 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. H z "'::c,,, ,,, "',,,,,, < < H ,..:,u H <OH "" ·-·-·-·----- -·------------ -------------- ~~~ s 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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