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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 11, 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. Request to Fly the Norwegian Flag. CITY CLERK
C. Liquor license Request - Great lakes Entertainment. LLC. 441 W.
Western Avenue. CITY CLERK
D. Title V Grant Application. LEISURE SERVICES
E. Sale of Buildable Vacant lot at 1275 Dudley Avenue. PLANNING &
ECONOMIC DEVELOPMENT
F. Health Care Opt-Out. FINANCE
G. Approval of Resolution to Sell 503 Octavius. COMMUNITY &
NEIGHBORHOOD SERVICES
H. Appointment to Housing Board of Appeals. PUBLIC SAFETY
□ PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District - PCJ Enterprises. LLC.
PLANNING & ECONOMIC DEVELOPMENT
B. Request to Issue an Obsolete Property Certificate - PCJ Enterprises. LLC.
PLANNING & ECONOMIC DEVELOPMENT
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
A. Rezoning Request for Property Located at 407 Marquette Avenue {SE
Corner of Marquette Ave. and Wood St.) PLANNING & ECONOMIC
DEVELOPMENT
B. Request for Extension of Deadlines for Former Lakos Property.
PLANNING & ECONOMIC DEVELOPMENT
□ NEW BUSINESS:
A. Liquor License Request - Mason Street Market, 24B Mason Street. CITY
CLERK
B. Graffiti Ordinance. LEISURE SERVICES
C. Request to Establish a Pay Range - Police Records Supervisor. PUBLIC
SAFETY
□ ANY OTHER BUSINESS:
□ 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 fo1Ward 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 wifh Cily Clerk.)
□ ADJOURNMENT:
ADA POLICY: THE CJTY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDJV!DUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GA!LA.
KUNDINGER, CJTY CLERK, 933 TERRACE STREET, MUS! our inost important i,s~et.· ·_ . •
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Date: May 3, 2004
To: Honorable ~jJ':id City Commissioners
From: Ric Scott /T~
RE: Title V Grant Application
SUMMARY OF REQUEST:
To authorize the Title V planning Committee to submit a
grant application for the Delinquency Prevention Program
FINANCIAL IMPACT:
Local $45,000 match to come from in-kind services from
the city and two other agencies
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
/231)724-6703
FAX: (23 1)722-1214
City Manage r
/231\724-6724
FAX: (231)722-1214
Civil Service
1231)724-61 16
FAX: (231)724-4405
Date.• May 3, 2004
To: Honorable ~~w~ City Commissioners
C lerk
/23 I )724-6705
FAX: (231)724-4 178 From : Ric Scott ~
Re: Title V Grant Application
The Planning Committee for the Title V Delinquency
Prevention Program is reque sting that they submit a
Computer Info.
grant for $90,000 to the Juvenile Justice Department.
r2~fH~'J'.i744
FAX: (231)722-430 1 The grant is to improve the student's perception of
school and to get the students to go to school.
M1\·
,~~~i%~ 0
FAX: (23 1)727-6904
" ..
The program model will be service learning. The
students will actually develop a community service
rini
Wil~l~
FAX: (231)724-6768
project or projects that will help to improve their
perception of their school.
/:lJYi~if.'iim A $45,000 local match is required. The match will be
FAX: (231)724-6985
provided by in- kind services such as the playground
In come Tax
staff's time devoted to this project. Several groups
/231)724-6770
FAX: (231)724-6768 will be involved in the project including the Girl
Scouts, Volunteer Muskegon, and the Leisure Services
Department.
I would ask that you authorize the committee to submit
Leisure Services
(23 1)724-6704
the application and to have the mayor sign the attached
FAX: (231)724- 1 I 96 compliance letter. The committee has already
established that the City of Muskegon complies with
l"lm½t9.~8f e
FAX: (231)722-12 14
these standards . If funded the money would be available
in October of this year.
Plannine/Zoning
(23 1)72.f-6702
FAX: (231)724-6790
Thank you for your consideration .
Fi~iWR~R~W" ent
FAX: (231)722-5 140
Treasurer's Office
(231)724-6720
FAX: (23 1)724-6768
mtrf2~'.~~1\ Dept.
FAX: (231)724-6768
Water Filtra tion
(231)724-4106
FAX: (23 1)755-5290
City of Muskegon, 933 Terrace Street, P..o. ~ox 536, Muskegon, MI 49443-0536
www.shorehnec1ty.com
Affirmative Action
(231\724-6703
FAX: (231)722-1214
City Manager
(231 )724-6724
FAX: (231)722-1214
STATEMENT OF COMPLIANCE FOR LOCAL UNITS OF GOVERNMENT
Civil Service
(231)724-6716 PARTICIPATING IN THE TITLE V DELINQUENCY PREVENTION PROGRAM
FAX: (231)724-4405
Clerk May 3, 2004
(231\724-6705
FAX: (231)724-4178
Jeanette Scroggins
Community and Juvenile Justice Specialist
,2~r{Jr4.W-Nces
FAX: (231)726-2501 Federal Grants Unit
Bureau of Juvenile Justice
Computer Info.
235 S. Grand Ave. Suite 403
,2~m17."6744
FAX: (231)722-4301 Lansing, MI 48909
Dear Ms. Scroggins:
Re: Statement of Compliance with the Juvenile Justice and Delinquency
mr1~~~~1/l~
FAX: (231)724-6768 Prevention Act (JJDPA) core requirements for the Title V Delinquency
Prevention Initiative
mir,m,792 ·
FAX: (231)724-6985
The City of Muskegon is participating in the Juvenile Justice and Delinquency
Income Tax
(231 )724-6770 Prevention Act Title V Delinquency Prevention Initiative. This letter is our local
FAX: (231)724-6768
unit of government's indication that we meet the four JJDPA core requirements
necessary required to participate:
• Deinstitutionalization of status offenders and non-offenders (neglect and
Leisure Servicu abuse victims).
(231)724-6704
FAX: (231)724-1196
• Separation of adults from juveniles in adult jails and police lockups.
• The removal of juveniles from jails and police lockups.
• Minority over-representation in the juvenile justice system
Plannim,/Zoning
(231 )72f.6702
FAX: (231 )724-6790 We understand that the Michigan Committee on Juvenile Justice will be considering
this request for certification of compliance at one of its regularly scheduled meetings.
Stev ______, n, Mayor
Treasurer's Office City of Muskegon
(231)724-6720
FAX: (231)724-6768
n';/rf2~!~~1\ Dept.
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muske2on, 933 Terrace Str~et, l>_O. Box 536, Muske2on, MI 49443-0536
Commission Meeting Date: May 11, 2004
Date: April 28, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C/3 c.,
RE: Sale of Buildable Vacant Lot - 1275 Dudley Ave.
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1275 Dudley Avenue (designated as parcel
number 24-610-000-0145-00) to Kenyatta & Cynthia Drones of 760 Emerald Street, Apt. F,
Muskegon, Ml. The lot is 143 x 132 ft. and is being offered to the Drones for $9,000. They
plan to use the land for the construction of a 2,562 sq. ft. single-family home with a 3-stall
attached garage. The True Cash Value (TCV) for the property listed in the Assessor's office
is $12,000, so our price is set at $9,000 which is 75% of that amount.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee (LRC) recommended approval of this request at their
April 27, 2004 meeting.
4/28/04
Resolution No. 2004 -4 4 ( e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1275 DUDLEY
AVENUE IN MARQUETTE NEIGHBORHOOD FOR $9,000.
WHEREAS, Kenyatta & Cynthia Drones have placed a $400 deposit for the parcel designated as
parcel number 24-610-000-0145-00, located at 1275 Dudley Avenue; and
WHEREAS, the price for parcel number 24-610-000-0145-00 is set by the City at $9,000, which
is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots, as
recommended by the Land Reutilization Committee (LRC).
NOW THEREFORE BE IT RESOLVED, that parcel number 24-610-000-0145-00, located at
1275 Dudley Avenue be sold to Kenyatta & Cynthia Drones for $9,000.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO l, LOTS 145 & 146
Adopted this 11th day of May, 2004
Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on May I I, 2004. ~
By:L ~ Gail Kundinger, MC
City Clerk
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made May 11 , 200i__, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and KENYATTA and CYNTHIA DRONES, husband and wife, of
760 Emerald Street, Apt. F, Muskegon, Michigan 49442 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. I, Lots 145 & 146
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Nine Thousand and no/100 Dollars ($9,000.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Land America Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
easements of record disclosed by said title commitment is, in the sole discretion of Buyer,
deemed unreasonable, Seller shall have fo1iy-five (45) days from the date Seller is notified in
writing of such unreasonableness of restriction and such unmarketability of title, to remedy such
objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory
title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the
owner's title policy shall be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
C:\DOCUME~1\anguilm\LOCALS-1\Temp\BJ0297.doc
transaction. Buyer may only remove those trees necessary for construction of the home and
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
C:\DOCUME-1\angui!m\LOCALS-1\Temp\BJ0297.doc
9. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __
200_ ("Closing"). The Closing shall be conducted at Land America Transnation Title
Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the
parties shall execute an IRS closing report at the Closing.
I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
I I. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
C:\DOCUME~1\angui!m\LOCALS~1\Temp\BJ0297.doc
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:
o t, M
1 1or-
~oLv._ -
Gail A. Kundinger, MMC, Clerk
BUYER:
Cy thia Drones
SS No.: 3'/7 /)ic5fr97
C :\DOC UM E-1 \angui!m\L OCALS-1 \ Temp\BJ0297 .doc
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to KENYATTA & CYNTHIA DRONES, husband and wife, of 760 Emerald Street, Apt. F, Muskegon, MI 494424,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. I,
Lots 145 and 146
for the sum of Nine Thousand and no/I00 Dollars ($9,000.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction ofone (I) single family home on the premises herein
conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (I) issuance ofa residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director oflnspections, substantial completion of the dwelling
described in the said building permit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property of Gran tor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (I) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
111 • 1 day of f1la 'I
Dated this ---1.J.I!l_ ~~"'o,._____~, 200_'{_.
Signed in the presence of:
C:\DOCUME-1\ANGUILM\LOCALS-1\TEMP\BJ0297.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON
/1J) 5 5
HOME ADDRESS 91 :> w. \=-c,, t~ s+ Ii u c_ 111 \,) ~ k fl,, Y9 '--1 '-i I
(Street, City, State, Zip)
HOMEPHONE#Q3iJ l;:J,1-9v,\3 WORKPHONE#(Q3\) 11'3·J/3j
1
OCCUPATION·_e_.::::;;_\_:,,'.\_"-:,L\.!...c:C.:1~cc.:.\.:....1~G,:,,_\L_.._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(If retired, give former occupation)
PERSONAL & COMMUNITY ACTIVITIES --'-\-\_,,ccJ'ffi=e..,~_,C,,:•,,c'--'-',c'-'-'l\--""-'-''f-c"",h'-'---'1----10~------------
'
Why would you be a good member of this committee? What do you bring to the committee ?
-::s:-_ -::><" '(\ \,c•l\<'/',1 0,'{',c\ C\ .'\'..:e..\, • e,0<:..c \y,J .. S\iod
PERSONAL REFERENCES: (Please list the name and phone numbers of three personal references)
1. ?c,.\- \...U,\\,0..,-y0 (lcl\oJ ':3YY-'3'3?i'-f
(Name) { (Phone Number)
2. \__u c, \---r- ...i -\-~c~,-\- l, I\,..) ']'() \a - 'j \o5'3
(Name) ~ (Phone Number)
3. - - - - - - - - - - - - - - - - - - - - -
(Name) (Phone Number)
PLEASE INDICATE BOARDS/COMMISSIONS/COMMITTEES INTERESTED IN SERVING ON - MARKING #1 AS
YOUR FIRST PREFERENCE:
( ) Board of Canvassers 0f Housing Code Board of Appeals
( ) Board of Review ( ) Housing Commission
( ) Cemetery Committee ( ) Income Tax Board of Review
( ) Citizen's Police Review Board ( ) Land Reutilization Committee
( ) City Employees Pension Board ( ) Leisure Services Board
( ) Civil Service Commission ( ) Loan Fund Advisory Committee
( ) CDBG-Citizen's District Council ( ) Local Develop. Finance Authority
( ) Construction Board of Appeals ( ) Local Officers Compensation Com.
( ) District Library Board ( ) Planning Commission
( ) Downtown Development Authority/Brownfield Board ( ) Police/Fireman's Pension Board
( ) Election Commission ( ) Public Relations Committee
( ) Equal Opportunity Committee ( ) Zoning Board of Appeals
( ) Historic District Commission
( ) Hospital Finance Authority
Are you willing to serve on other boards/committees not checked off above? YES NO (Circle one)
• Attach Additional Sheets or Resume if Desired.
Return this form to: City Clerk's Office, 933 Terrace St., P. 0. Box 536, Muskegon, Ml 49443-0536
Date: May 11, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Great Lakes Entertainment, LLC
441 W. Western Avenue
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Great Lakes Entertainment, to
transfer ownership of the 2000 Oass C-SDM licensed business located
in escrow at 1679 E. Sherman Blvd., from Bill Knapp's to 441 W.
Western Avenue. They are also requesting a new Dance-Entertainment
Permit and additional Bar Permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval as long as license holder
completes renovations and obtains occupancy permit from the City.
AfflrmaliveAclion
724·G703
Assessor
724-6700
Cemetery
724-()783
West Michigan's Shoreline C,'ity
Civil Service
724-671()
April 5, 2004
Clerk
724·G705
To: City Commission through the City Manager
Engineering
72,16707
From: ¼. L.l~
Anthy L. Kleibecker, Director of Public Safety
Finance
72,1-6713
Re: Liquor License Request - SOM Transfer & New Dance -
Entertainment Permit
Fire Dept.
724·6792
The Muskegon Police Department has received a request from the Michigan Liquor
C. N. Services Control Commission for an investigation of applicant Great Lakes Entertainment LLC of
724-6717
441 W. Western Avenue in Muskegon. Great Lakes Entertainment LLC is comprised of
the following individuals: Hobart Thrasher, Peter Johnson, Brian Johnson, Mark
lnspcclions
Vandermeulen, and Brian Boersema.
724-67 15
Great Lakes Entertainment requests to transfer ownership of 2000 Class C-SDM
. . licensed business located in escrow at 1679 E. Sherman Blvd, Muskegon Ml 49444
~~:l~~~ervicc from Bill Knapp's Michigan, Inc. to 441 W. Western Avenue. Muskegon Ml 49440. They
also request a new Dance-Entertainment Permit and additional Bar Permit. Most
parties involved in this transfer have prior experience in the alcohol-serving industry.
Manager's Office
72,1-6724
A check of Muskegon Police Department records and criminal history showed no
reason to deny this request.
Mayor's Office
724·6701
l'lanning/Zonin:AL K/d I
72,16702
Police Dept.
7241>750
Puhlic Works
726·47flG
'l'rcasurc1·
72,16720
Watc1· llcpl. City or Muskegon. P.O. Box 536. 980 J elTCl'SO ll SLl'CCL, Musk<~gon. Michigan 49443-0536
724·G71fl
To: Chief Tony Kleibecker
From: Det. Kmi Dykman
Date: 04-01-04
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 Great Lakes Entertainment
L.L.C. of 441 W. Western Ave. Muskegon, MI. 49440. Great Lakes Entertainment
L.L.C. is comprised of the following individuals: Hobart Thrasher, Peter Johnson, Brian
Johnson, Mark Vandermeulen and Brian Boersema.
Great Lakes Entertainment requests to transfer ownership of 2000 Class C-SDM licensed
business located in escrow at 1679 E. Sherman, Muskegon, MI. 49444 from Bill Knapp's
Michigan, Inc. to 441 W. Western, Muskegon, MI. 49440 and requests New Dance-
Ente1iainment Permit and additional Bar Permit. Most parties involved in this transfer
have prior experience in the alcohol serving industry.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dylanan
data/common/GreatLakes
Mich1;,c1n Department of Consumer & Industry ~ervices
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: July 31, 2003
CHIEF OF POLICE
980 JEFFERSON STREET
PO BOX536
MUSKEGON, Ml 49443-0536
REF#: 217932
3-L~-o+ - rr-
Chief Law Enforcement Officer
Applicant:
L.L.C',
GREAT LAKES ENTERTAINMENT,-· REQUESTS TO TRANSFER OWNERSHIP OF 2000 CLASS C-
SDM LICENSED BUSINESS , LOCATED IN ESCROW AT 1679 E.
SHERMAN, MUSKEGON, Ml 49444, FRUITPORT TOWNSHIP, MUSKEGON COUNTY, FROM BILL
KNAPP'S MICHIGAN, INC., MARCIA R. MEOLI, TRUSTEE; TRANSFER LOCATION (GOVERNMENTAL
UNIT) (MCL 436.1531 (1) TO 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY; AND
REQUESTS NEW DANCE-ENTERTAINMENT PERMIT$<\DDITIONAL BAR PERMIT,
CONNECTION (STEP II).
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
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
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: 217932
Date: July 31, 2003
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: GREAT LAKES ENTERTAINMENT,• . l_((_
Home Address And Phone No:
PETER C. JOHNSON, 749 WEST WESTERN AVENUE, NORTH MUSKEGON, Ml 49445
H(231 )744-6500/8(231 )722-6966
HOBART A.THRASHER, 414 BAY LANE, NORTH MUSKEGON, Ml 49445 H(231)744-1466/B(231)578-5373
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 9117
488Q.J234
Michigan Of'·'-=irtment of Consumer & Industry Services
MICHi~ LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON LI JR LICENSE REQUEST
7150 Harris Drive
Req ID # 217932 (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)
GREAT LAKES ENTERTAINMENT, . 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON
COUNTY LL.C..
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2000 CLASS C-SDM LICENSED BUSINESS (IN
ESCROW) · . FROM BILL KNAPP'S MICHIGAN, INC., MARCIA R.
MEOLI, TRUSTEE; TRANSFER LOCAi ION (GOVERNMENTAL UNIT) (MCL 436.1531(1) FROM 1679
E. SHERMAN, MUSKEGON, Ml 49444, FRUITPORT TOWNSHIP, MUSKEGON COUNTY; AND
REQUEST NEW DANCE-ENTERTAINMENT PERMIT, ADDITIONAL BAR PERMIT,,
Section 1. APPLICANT INFORMATION
APPLICANT #1: NO FINGERPRINTS REQUIRED · APPLICANT #2: NO FINGERPRINTS REQUIRED '-:f
PETER C. JOHNSON - mc...&r HOBART A.THRASHER - r-.11.,-,.1,tt<
HOME ADDRESS AND AREA CODE/PHONE NUMBER: ,HOME ADDRESS AND AREA CODE/PHONE NUMBER:
749 WEST WESTERN AVENUE 414 BAY LANE
NORTH MUSKEGON, Ml 49445 NORTH MUSKEGON, Ml 49445
H 231 744-6500/B 231 722-6966 H 231 744-1466/B 231 578-5373
DATE OF-BIRTH: 'l ·z.2 - a8 DATE OF BIRTH: - / "f-.£/
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 fin er rinted: A.) ')9 Date fin er rinted: A.,,/
Attach the fin er rint card and $30.00 for each card and mail to the Michigan Li uor Control Commission.
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)
Section 2. Investigation of Business and Address to be Licensed
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? '12f No D Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning , fire , sanitation and health laws
and ordinances, if this license is granted? ~ Yes □ No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ~ Yes D No
2. Is the proposed location satisfactory for this business? J~"Yes □ No
3. Should the Commission grant this request? RYes □ No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
Date
MUSKEGON POLICE DEPARTMENT
.-" -
LC-1800 Rev. 07/02
Mar 1 7 04 11: 40a jack ogden 231-941-4025 p.2
MICHi< LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON Li .)R LICENSE REQUEST 7150 Harris Drive
Req ID# 217932 . (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)
GREAT LAKES ENTERTAINMENT,. 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON
COUNTY LLC.
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2000 CLASS C-SDM LICENSED BUSINESS (IN
ESCROW)· . FROM BILL KNAPP'S MICHIGAN, INC., MARCIA R.
MEOLI, TRUSTEE; TRANSFER LOCAi ION (GOVERNMENTAL UNIT) (MCL 436.1531(1) FROM 1679
E. SHERMAN, MUSKEGON, Ml 49444, FRUITPORT TOWNSHIP, MUSKEGON COUNTY; AND
REQUEST NEW DANCE-ENTERTAINMENT PERMIT, ADDITIONAL BAR PERMIT,,
I Section 1.
13~~:r:; #L. 13 APPLICANT INFORMATION
c::;~~~INTS REQUIRED ·, 1 APPLICANT #2: FINGERPRINTS REQUIRED
-JOME ADDRESS AND AREA CODEIPHONE.NUM~ HOME ADDRESS AND AREA CODE/PHONE NUMBER:
-;:J3I- ,il- .)6tl( 8us:~e5S I
::J :l - 14-1-_ ";> £,1 + f/., "'l .,_
DATE OF BIRTH: 5·2 /,<··So DATE OF BIRTH:
If lhe applicant Is not a U.S. CWzen: If the applicant Is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Allen slatus? Does the applicant have permanent Resident Alien status?
□ Yes □ No D Yes □ No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fin e rinted: 5·· 2 t,- ti q Date fin e rinled:
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)
Section 2. lnvesti ation of Business and Address to be Licensed
Does applicant intend to have dancing or entertainment?
O No gl'Yes. complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on !he premises or directly adjacent? :£a.No D Yes, explain relaUonship:
j Section 3. Local and State Codes and Ordinances, and General Recommendations
Will th.e applicant's proposed location meet a!I.Jppropriate slate and local building, plumbing, zoning. fire, sanilation and heallh laws
and ordinances, if this license is granted? ,13-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? .llfYes D No
2. Is the proposed location satisfactory for this business? 81 Yes O No
3. Should the Commission grant !his request? ~es D No
4. If any of the above 3 questions were answered no. state your reasons: (Attach a sigl\ed and dated report if more space is needed)
'+ •- (_ '° -f
Signare (&i....fff or Chief of Police) . Date
MUSKEGON POLICE DEPARTMENT
lC-1800 Rev. 07102 3-,s--o4-
~
Mar 17 04 ll:40a jack ogden 231-941-4025 p.4
Michigan DF ··"=trtment of Consumer & Industry Services
MICHi< LIQUOR CONTROL COMMISSION
•OLICE INSPECTION REPORT ON L, .JR LICENSE REQUEST
7150 Harris Drive
leq ID# 217932 • (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)
GREAT LAKES ENTERTAINMENT,. 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON
COUNTY LLC..
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2000 CLASS C-SDM LICENSED BUSINESS (IN
ESCROW)· . FROM BILL KNAPP'S MICHIGAN, INC., MARCIA R.
MEOLI, TRUSTEE; TRANSFER LOCA I ION (GOVERNMENTAL UNIT) (MCL 436.1531 (1) FROM 1679
E. SHERMAN, MUSKEGON, Ml 49444, FRUITPORT TOWNSHIP, MUSKEGON COUNTY; AND
REQUEST NEW DANCE-ENTERTAINMENT PERMIT, ADDITIONAL BAR PERMIT,,
Section 1. APPLICANT INFORMATION
APPLI.CANT #1 :, I c1NGERPRINTS REQUIRED '' I APPLICANT #2: FINGERPRINTS REQUIRED
1'411~;( :r: v11,JdeR tv1e...,fe,.J ~- . .
HOME ADDRESS AND-AAEA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
;):,/_ '177- ;J ,sr &s:,,es5
·;;r:. I - 7 '1'1- J. ll 4- H~ e.
DATE OF-BIRTH: -,-/---,~.-S~O~---------DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does lhe applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
□~ □~ □~ □~
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Dale fin e rinted: '5 - 2-11, M Date fin rioted:
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: □ Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (altacil a signed and daled
report if more space Is needed) report if more space is needed)
Section 2. lnvesli alion of Business and Address lo be Licensed
Does applicant Intend lo have dancing or entertainment?
0 No )&(Yes, complete LC-693N, Police lnvesligalion Report: Dance/Entertainment Permit
Are gas pumps on lhe premises or directly adjacent? (il:No O Yes, explain relationship:
Section 3. Local and State Codes and Ordinances, and General Recommendations
Will !he 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? ar:res D No
If you ;:ire 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 investigalion:
1, Is this applicant qualified lo conduct this business if licensed? .;gfves □ No
2. ls the proposed location satisfactory for this business? ,a!'ves □ No
3. Should the Commission grant this request? . &ves D No
4. If any of the above 3 questions were answered no, state your reasons: (Atlach a signed and dated report if more space Is needed)
Ye A_ L . I~ '-f --(, -l-,77- ;He( /.5.JS,'NeSS I
'J~I - 7 'lB- '13s, 111 e 1/4
DATEOFBIRTH: 't- 5- /956 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 slatus? Does the applicant have permanent Resident Alien status?
□ Yes □ No □ Yes □ No
0 0
Does the applicant have a Visa? Enter status: Does 1he applicant have a Visa? Enter status:
Date fin er rinted: 3 · 2- C· 1 Date fin e rinted:
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (altach a Signed and dated
report If more space is needed) report if more space Is needed)
Section 2. lnvesti ation of Business and Address to be Licensed
Does applicant intend to have dan_cing or entertainment?
□ No g'Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ,Pl!-Jo O Yes, explain relationship:
! Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate slate and local building, plumbing, zoning, fire, sanitation and heaUh laws
and ordinances, if this license is granted? R Yes □ No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report ff more space is needed}
! Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? z:i Yes □ No
2. Is the proposed location sallsfaclory for this business? ,,&:)' Yes O No
3. Should the Commission grant this request? Yes Jill
O No
4. If any of the above 3 questions were answered no, state your reasons: (Attaeh a signed and dated report if more space is needed}
1t._ ~ L . I ~..J:!_..._,Q__.,~ 4-C ~ C'-/
Signal(Sll.>l#f or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02 .3_,,,--01-
~
STATE OF MICHIGAN
' PARTMENT OF CONSUMER & INDUSTRY SERv1r
LIQUOR CONTROL COMMISSION I REQID : 2 17932
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)
GREAT LAKES ENTERTAINMENT,
APPLICANT/LICENSEE L.L. (.. PHONE NUMBER
441 W. Western Ave Muskegon 49440
STREET ADDRESS CITY TOWNSHIP ZIP
VESTED: DANCE@' ENTE TAINMENT
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 ;!'J' NIA D
!L"AW ENFORCEMENT RECOMMENDATION]
DANCE PERMIT YES .!ID NO □ NIA □
ENTERTAINMENT PERMIT YES -J[] NO □ NIA □
TOPLESS ACTIVITY PERMIT YES □ NO □ NIA )ill'
REMARKS.,
04-01-2004 -,. ~ L . L~ ,
DATE SUBMITTED ERSJGNATURE
Muskegon Police 231.724-6750
DEPARTMENT NAME PHONE NUMBER
980 J efferson St. Muskegon
ADDRESS CITY
LC-693N REV 5198
4880-0652
L1QUOR LICENSE REVIE\V FORlvI
Business Name: Gcea f Lafe.s c-•
~//ff'/' fau21ne&,
I
c·
_// . c,:
7
AKA Business Name (if appiicabie): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Reason for Review:
New License D Transfer of Ownership
d/2 C/ctsJ
R'J
C:
Dance Permit ~
Drop/Add Name on License □· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit 0
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed. D
Income Tax Approved ~ wing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □
Clerk's
□
Approved Owing □ Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_ _~_.;__ _____,.....~
. . , " "----- - - - - - - - -
Gail A. Kundinger, City Clerk
Liquor License Coordinator
:l-.,26 -· 1.' j
LJQUOR LICENSE REVIEW FORJ.vI
Business Name: Gcea f /41,fe.:.·
AKA Business Name (if appiicabie): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: Ate(' c~J;A>) SOI? C/l'lC:(J
Business Address:
,ff/
Reason for Review:
New License D Transfer of Ownership "Rf
"f C/r:;s. .s C;
Dance Permit ~
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved ~wing □ Amount:
Zoning Approved □ Denied D Pending ZBA □
□
Clerk's Approved Owing □ Amount:
Fire/Inspection Compliance D Remaining Deft:cts
Services
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ.vI
Business Name: Gcea f La/e..s·
AKA Business Name (if appiicab1e): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Add:ress:
,ff/
Reason for Review:
New License D Transfer of Ownership RJ Dance Permit ~
" ' Clt:ts .s C
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved [Kl Denied D Pending ZBA 0
□
Clerk's Approved Owing □ Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signatnrea / ✓~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORIVI
Business Name: Gcea f La,le-s
AKA Business Name (if applic.abie): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Reason for Review:
New License D Transfer of Ownership ·Rf Dance Permit ~ -
" ' C/~s .s C:
Drop/Add Name on License D· Transfer Locatfon D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _______ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □
□
Clerk's Approved Owing cg/ 4 iount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_ _ _ _ __ __ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
:l-,;u,; --(,-, t
LIQUOR LICENSE REVIEW FORlvI
Business Name: Gcea f La~.!,-
.
AKA Business Name (if appiicab1e):
Operator/Manager's Name:
Business Address:
,ff,/
Reason for Review:
New License D Transfer of Ownership @ Dance Permit ~ -
" ' C/r:,s .s C;
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: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □ i(~ I
Clerk's Approved
□ Owing D Amount:
{~,15,-/,--,,._'-.../.,~
( U,ly\p )1
Fire/Inspection Compliance D Remaining Defects , U/Y/ =-f 1 fa"-- o'(-, ' ~·
Services
e_~: '(
yiJ~J fr" (l<-G-r litLS (J<;t?/-,--,.__~
~ dJ_--_f_ rl)_ e_~ f_"
Department Signature ; P& wlzz6,-#
Gail A. Kundinger, City Clerk
Liquor License Coordinator
L.IQUOR LICENSE REVIEW FOR1'1
Business Name: Gcea f La.le..s
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
.ff/
Reason for Review:
New License D Transfer of Ownership ·@ Dance Permit ~
"I C/~s s C
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □
□ Owing □
Clerk's Approved Amount:
Gail A. Kundinger, City Clerk
Liquor License Coordinator
r· ~- PCJ ENTERPRISE, LLC
_-,, ••• ,·· ....... _ _£." . ... ~ - - ?E ............ ,..:::',E:::,:: •••• __ ... ..
I
!
,,.
I' PAY
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1
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7
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oo
100
DATE Od.- I:,• 04-
DOLLARS
74-005/724
~ Fifth Third Bank
11/1,J (WESTERN MICHIGAN)
GRAND RAPIDS, MICHIGAN
FOR L-\SD<" L,<:.'-'!'9e. ,,..,.,..,,0.,. i=-~~ .~....,,,2_-··(!L... ~ .......· . • • . , _ ~..... .
,:o 721,000 s 2,: 7 u;, 1, 2000 2 211•
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11•00 1.01, 1,11•
- ..... ......: .... ,.,'7E_.....'C-,,,ffi',,,,,•.aa=,ca,""""c_,c· ·•-•§"'•"''"'"'···""~-""•="'•
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"'-"""'"'.:.'.,C..--F,a~aa,m,a,:a:,·""~"' .... --. ' --- ;- 'G:
•
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager
West Michigan's Shoreline Cicy
www.shorellnecity.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231)724-4405
May 5, 2004
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh. Great Lakes Entertainment LLC
Services Hobart Thrasher
(231)724-6717
FAX (231)726-2501 Peter Johnson
Engineering Brian K. Johnson
(231 )724-6707 Mark J. Vandermeulen
FAX (231)727-6904
Brian L. Boersema
Finance
(231)724-6713
FAX (231)724-6768 Dear Sirs:
Fire Department
(231 )724-6792 This letter is to inform you that your request to transfer ownership of the 2000
FAX (231)724-6985
Class C-SDM Licensed Business located in escrow at 1679 E. Sherman Blvd.,
Income Tax will be presented to the City Commission on May 11, 2004. This meeting begins
(231)724-6770
FAX (231)724-6768 at 5:30 p.m. and is located in the City Commission Chambers, 933 Terrace,
Muskegon,MI.
Info. Technology
(231 )724-4126
FAX (231)722-4301
This request has also been sent to the Nelson Neighborhood Association for their
Inspection Services comments. It is Commission practice to let the Neighborhood Association know
(231 )724-6715
FAX (231)728-4371 of any liquor license requests that are located within their boundaries. This allows
for comments from the people who live there and not just from the owners of the
Leisure Services
(231)724-6704 business' who are located there.
FAX (231)724-1196
Mayor's Office Sincerely,
(231)724-6701
FAX (231)722-1214
Planning/Zoning
(231 )724-6702
FAX (231)724-6790 Linda Potter
Police Department Deputy Clerk
(231)724-6750
FAX (231 )722-5140
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
httn~//www..o;;horelinecitv.com
Mr. Hobart Thrasher
414 Bay Lane
N. Muskegon, MI 49445
Mr. Peter C. Johnson
749W. WesternAvenue
N.Muskegon,MI 49445
Mr. Brian Boersema
386 E. Chadwick
Muskegon, MI 49445
Mr. Brian K. Johnson
388 Churchill Drive
Muskegon, MI 49441
Mr. Mark J. VanderMeulen
4821 Rambling Creek Drive
Muskegon,MI 49441
Affirmative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.shorellnecity.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231 )724-4405
May 5,2004
Clerk
(23 I )724-6705
FAX (231 )724-4178
Comm. & Neigh. Ms. Mary Jo Mccann, President
Services Nelson Neighborhood Association
(23 I )724-6717
FAX (231)726-2501 461 W. Webster
Engineering
Muskegon,MI 49440
(231 )724-6707
FAX (231)727-6904
Dear Ms. McCann:
Finance
(231)724-6713
FAX (231)724-6768 We have received a request from the Liquor Control Commission reference a
Fire Department
request from Great Lakes Entertaimnent, to transfer ownership of the 2000 Class
(231 )724-6792 C-SDM licensed business located in escrow at 1679 E. Sherman Blvd. (the old
FAX (231)724-6985
Bill Knapp's) to 441 W. Western. A Class C license permits the sale of beer,
Income Tax wine, or liquor for consumption on the licensed premises. A SDM license permits
(231 )724-6770
FAX (231)724-6768 the sale of beer and wine for consumption off the premises. On Tuesday, May 11,
2004, the City Commission will review this request and determine whether or not
Info. Technology
(231)724-4126 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
they may have. You may send these comments to 933 Terrace, Muskegon, MI
Leisure Services
(231 )724-6704 49440 or attend the City Commission Meeting on May 11, 2004, at 5:30 p.m. in
FAX (231)724-1196 the Commission Chambers.
Mayor's Office
(23 I )724-670 I If you have any questions, please feel free to contact me at 724-6705.
FAX (231)722-1214
Planning/Zoning
(231)724-6702 Sincerely,
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231 )722-5140
Linda Potter
Public Works
(23 I )724-4100
Deputy Clerk
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-67 I 8
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
Reg ID# 217932
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2004-45(c)
At a ---~Rc.::e,...,,gc,,.u_l---,a,--r....,....,,..._ __ ____ l!}eeting of the ____c__,1-=-·t~y,....,,....c_o,....,rn,,....m_i--=-s=s_1--=·o_n---,,,-_ _ __
(Regular or Spc:,:ial) (Township Board, City or Village: Council)
called to order by Mayor Warmington on May 11, 2004 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Carter __and supported by Vice Mayor Larson
L.((
That the request from GREAT LAKES ENTERTAINMENT,.-..:. TO TRANSFER OWNERSHIP OF 2000
CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 1679,E. SHERMAN, MUSKEGON, Ml 49444,
FRUITPORT TOWNSHIP, MUSKEGON COUNTY, FROM BILL KNAPP'S MICHIGAN, INC., MARCIA R. MEOLI,
TRUSTEE; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W . WESTERN,
MUSKEGON, Ml 49440, MUSKEGON COUNTY; AND REQUEST A NEW DANCE-ENTERTAINMENT PERMIT
(STEP 11).
be considered for Approval contingent on license holder completing renovations and
obtaining occupancy ___ill:!rrni t from Ci ty~pproval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas: - -- - - - - - - - -
- - - - - - - - - --
Nays: _ _...,oc___ ______ Nays: _ _ _ _ _ _ _ _ _ __
Absent: - -o- -- - - - - - Absent: - - - -- - - - - -
It is the consensus of this legislative body that the application be:
Recommended for issuance
- - - - - - - -- - -(Rt1:ommt:ndcd
- --or- Recommended)
- -- - - - - -- - - - - - - -- not
State·of Michigan )
- ----
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _ _C.....:i"""t---"'y--,-eC:....o_rn.,....m,,,.....:.i---,s..,,,s~i...:,o='"n--,,,-_ _ __ at a _ _R_e--=g"-u_l_a_r-:-::-....,......----=-....,...,,..-- - - --
crownship Board, City or Vill agt: CounL·il) (Regular or Special)
meeting held on May 11, 2004
(Da«)
SEAL (Signed),-1:'!!~~~~ ~ ~ ~ ~ ~~
(Township, City o illag< Clerk)
Gail A. Kundinger, MMC, City Clerk
933 Terrace, Muskegon, MI 49440
( Mailing addrt:ss of Township, Ci1y or Villagt')
Affirmative Action
(23 I )724-6703
FAX: (231)722-1214
Assessor/Equalization
(231 )724-6708
FAX: (231)726-5181
Cemelery Deparlment
(231)724-6783
FAX: (231)726-5617
City Manager
(23 I )724-6724
FAX: (231)722- 1214
Civil Service
(231 )724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178 May 14, 2004
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Computer Info.
Liquor Control Commission
Systems 7150 Harris
(231 )724-6744
FAX: (23 1)722-4301 PO Box 30005
Lansing, MI 48909-7505
Engineering Depl.
(23 1)724-6707
FAX: (231)727-6904 REF: #217932
Finance Depl. Great Lakes Entertainment LLC
(231 )724-6713
FAX: (231)724-6768
441 W. Western
Fire Department
Muskegon, MI 49440
e,--~9
1N
(231)724-6792
FAX: (231 )724-698S To Whom It May Concern: \;
Income Tax /~(i"
(231 )724-6770 Enclosed is the Resolution, print cards,' and form LC-1800 for Great Lakes
FAX: (231)724-6768
Entertainment LLC that was recommended for approval at the May 11 , 2004, City
Inspection Services
(231)724-6715
Commission Meeting.
FAX: (231)728-4371
Leisure Services
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231 )724-6704
FAX: (231)724-1196
Sincerely,
Mayor's Ofnce
(23 I )724-670 I
FAX: (231)722-1214
Planning/Zoning
(231 )724-6702 Linda Potter
FAX: (231)724-6790
Deputy Clerk
Police Deptnrtrnent
(23 1)724-6750
FAX: (231)722-5140 Enc.
PubIle Works Dept.
(231)724-4100
FAX: (231)722-4188
Trcnsurcr1s Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231 )724-67 18
FAX: (231 )724-6768
Waler Flltrntlon
(23 I )724-4106
FAX: (231 )755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Commission Meeting Date: May 11, 2004
Date: April 28, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C$--
RE: Public Hearing - Request to Establish an Obsolete Property
District - PCJ Enterprises, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, PCJ Enterprises, LLC,
749 Moulton Avenue, Muskegon, Michigan, has requested the establishment of an
Obsolete Property District. The district would be located at 441 W. Western Avenue,
Muskegon, Ml, the former Brunswick Building. Total capital investment for this project
is $800,000. The project will result in the creation of 40 new jobs in the City.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution establishing an Obsolete Property District for 441
W. Western Avenue, Muskegon, Ml.
COMMITTEE RECOMMENDATION:
4/28/03
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2004-46 (a)
A resolution establishing an Obsolete Property Rehabilitation District.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City of Muskegon has been designated as a qualified local government unit for the
purpose of establishing Obsolete Property Rehabilitation Districts and approving
Applications for Obsolete Property Rehabilitation Exemption Certificates.
B. The area located in the land described in this resolution is known to the City Commission
and is clearly characterized by the presence of obsolete commercial property, and the
land and improvements are obsolete commercial property.
C. Notice has been given by certified mail to the owners of all real property within the
proposed Obsolete Property Rehabilitation District and a hearing has been held offering
an opportunity to all owners and any other resident or taxpayer of the City to appear and
be heard. Said notice.was given at least ten'(l0) days before the hearing .
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. That the property described in this resolution and proposed as an Obsolete Property
Rehabilitation District is characterized by obsolete commercial property.
2. That the obsolete commercial property, the subject of this resolution, is described on the
Attachment A to this resolution.
3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District
on the lands and parcels set forth in the attached description.
This resolution passed.
Ayes Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis
Nays None
By _$~~~~~~~~~~
Gail A. Kundinger, MMC
Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on May 11, 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
By ____:1.~ ~ ~o~ ~,:.. . . .1. ~ ~~ ~
Gail A. Kundinger, MMC
Clerk
ATTACHMENT A
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 & THAT PORTION LOT 4
BLK 313 DESC AS FOLS:
COM AT SELY COR SD LOT 5 THN 41D 55M 22S W ALNG ELY LN SD LOT 5, A
DIS OF 140.05 FT NEL Y COR SD LOT 5 TH N 48D !OM 43S E ALNG NL Y LN LOT
4, A DIS OF 26.04 FT TH S 42D 03M 0 IS E ALNG FACE OF EXISTING BRICK &
BLOCK WALL, A DIS OF 139.96 FT TO SLY LN SD LOT 4 TH S 47D 58M 26S
ALNG SD SLY LN LOT 4, A DIS OF 26.35 FT TO POB
SUBJ TO ESMTS RECOR'D 3361/537
SBJT TO ESMTS RECOR'D 3473/376
SBJT TO ESMTS RECOR'D 3473/385
Proposed Obsolete Property District N
441 W. Western Avenue W~E
s
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/ $''
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·.~/ '?<) /;§
/;,_c,f, \
a'<:' /
,//
* = Subject Property(ies)
to be designated as an
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Commission Meeting Date: May 11, 2004
Date: April28,2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development t(!f../
RE: Public Hearing - Request to Issue an Obsolete Property
Certificate - PCJ Enterprises, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, PCJ Enterprises, LLC,
749 Moulton Avenue, Muskegon, Ml, has requested the issuance of an Obsolete
Property Certificate for the property located at 441 W. Western Avenue (former
Brunswick Building), Muskegon, Ml. The building is presently unoccupied, but will be
rehabilitated for a restaurant/bar in one half of the building and other half of the building
used for commercial or retail opportunities. Total capital investment for this project is
$800,000. The project will result in bringing 40 jobs to the City of Muskegon. Because
of these new jobs and the amount of investment, the applicant is eligible for a twelve
(12) year certificate.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution issuing an Obsolete Property Certificate for 441 W.
Western Avenue, Muskegon, Ml for a term of twelve (12) years.
COMMITTEE RECOMMENDATION:
None
4/28/03
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2004-46(b)
A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by PCJ ENTERPRISE, L.L.C.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property
Rehabilitation Exemption Ce1tificate from PCJ Enterprise, L.L.C., to apply to the
improvements located in an Obsolete Property Rehabilitation District established by
previous resolution.
B. The City of Muskegon is a qualified local governmental unit as determined by STC
Bulletin No. 9 of 2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application prope1ty is located
was established after hearing on May 11, 2004, being the same date that the district was
established.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value
of properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does
not exceed five percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the
City Commission determines fmther that the said excedence will not have the effect of
substantially impeding the operation of the City of Muskegon or impairing the financial
soundness of any affected taxing units.
F. This resolution of approval is considered by the City Commission on May 11, 2004, after
a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on
this date.
G. The applicant, PCJ Enterprises, L.L.C., is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for twelve (12) years.
I. The City Commission finds that the property for which the Obsolete Property
Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of
Section 2(h) of Public Act 146 of2000 in that the prope1ty, which is commercial, is
functionally obsolete. The City has received from the applicant all the items required by
Section 9 of the application form, being the general description of the obsolete facility, a
general description of the proposed use, a description of the general nature and extent of
the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
be part of the rehabilitated facility, a time schedule for undertaking and complete the
rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment of the
district.
K. The application relates to a rehabilitation program that when completed will constitute a
rehabilitated within the meaning of PA 146 of 2000 and will be situated within the
Obsolete Property Rehabilitation District established by the City under PA 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the
issuance of the Certificate, have the reasonable likelihood to increase commercial activity
and create employment; it will revitalize an urban area. The rehabilitation will include
improvements aggregating more than ten percent (l 0%) of the true cash value of the
property at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twelve (12) months to
complete the rehabilitation. It shall be completed by May 11 , 2005, or one year after the
Certificate is issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the
City of Muskegon, representatives of the affected taxing units and the general public .
. NOW, THEREFORE, THE CITY COMMISSION RESOLVES :
I. Based upon the statements set forth in, and incorporating the recitals to this resolution,
the City Commission hereby approves the application filed by PCJ Enterprise, L.L.C., for
an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of
twelve (I 2) years;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set
forth in Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant
shall comply with the representations and conditions set fo1th in the recitals above and in
the application material submitted to the City.
This resolution passed.
Ayes: Larson, Shepherd , Spataro, Warmington, carter, Davis, Gawron
Nays: ...,N=o=n...,,e" - - - - - - - -- - - - - - - - - - - - - -- - -- -- - - -
2
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on May 11 , 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 197 6.
3
MIchIgan Department of Treasury, STC
3674 {B-00)
APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE
This form is issued as provided by P.A. 146 of 2000. Filing of this form is voluntary. This application should be filed after the district is
established. This project will not receive tax benefits until approved by the State Tax Commission.
INSTRUCTIONS: File the original and one copy of this form and the required attachments with the clerk of the local government unit. {The State Tax
Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see
State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption.
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT THIS SECTION FOR USE BY THE STATE TAX COMMISSION
UNIT. Clerk must also complete sections 14, 15 and 17 on page 2.
~ .
(J~ ~
Signature[]. Application No .
eu..l., k~t,.v'v-J~~·~c•, ,_,'
Date This Application Was Received f 0 Date Received
A,,,,.II _;' 7 ,,:;l(Jc7
TD BE COMPLETED BY APPLICANT (Ann/icant, do not write above this line. Beoin entries at 1a below.
1a. Applicant (%mpany) Name (Applicant must be the OWNER of the facility) Important Note:
l'c:S- €~ r/Jri~<, l.LC. If this application form (3674) is not fully completed, it will be
b',~~paf1:a~11:res4;/nd Street, P.O. Box, City, State, ZIP) returned by the Property Tax Division prior to any processing
being done by the State Tax Commission
c. Location of Obsolete Facility (No. and Street, City, State, ZIP) d. City/T wp.Nillage e. County
'fl.{ I tJ. w,,.J..,"' l'/v(. Mv~ke~o"' i1u,i, ke1ovt
2. Date of Commencement of Rehab1lilation 13. Planned Date of Completion of Rehabilitation 4. Sc1ioo\ District Where Facility is Located a. School Co'!ie
I - I- 0 ,- (;- (-OJ l"I'\ v,.'..Jc!Q, "'~ G /010
s. EstimatP.d Cost of Rehabili~alion 6. How Many Years o{.l::xemption Requested?
# gcol CXl'.) 12.
7. Project will have the reasonable likelihood to: {Check one or more) 8. Legal Description of Obsolete Property
~ increase commercial activfty
~ create employment I'.)~t:'.t;· J.::. .SC e ,,1 /l•· d,11v,,t #,Y
D retain employment
D prevent a loss o! employment
~ revitalize urban areas
[j increase the number of residents in the community
In which the facility is situated
7a. Indicate the number of jobs to be retained or created as a result of rehabilitating the
facility, including expected construction employment: 40
9. The following must be provided to the local governmental unit as attachments to this application:
(a) Genera! description of the obsolete facility, {b) General description of the proposed use of the rehabilitated facility, (c) Description of the general
nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building equipment that will be a part of the rehabilitated
fl'JEi!JWe~tfbk~e schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic advantages expected from
10. The State Treasurer may exclude from the specific tax up to 1/2 of the mills levied for local school operating purposes and for the State Education
Tax. Please check the following box if you wish to be considered for this exclusion: g]
11. APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained
herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is
being submitted. Further, the undersigned is aware that, if any statement or information which it provides is untrue, the exemption provided by P.A.
146 of 2000 may be in jeopardy.
The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as
defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the
exemption certificate.
It is further certified that the undersigned is familiar with the provisions of P.A. 146 of 2000, of the Michigan Compiled Laws; and to the best of his/her
knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the
application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax
Commission.
12. Name of Person to Contact for Further Information
~l,cr C. -:S-o ½'1 ~OV\
!Tille ,.vi
eM \Qe f"
I
Telephone Number
n:.1, / l 1<1<1-/.,00
Ma741"" Mou /i.,'I Avc-. /U. Muc,l g/4 .
I Date
(
*Information contained in this application and supporting documentation may
be subject to review by the public if a Freedom of Information Request is
3674 (page 2)
LOCAL GOVERNMENT ACTION
This section is to be completed by the clerk of the local governing unit before submitting the application to the
State Tax Commission. Include a copy of the resolution which approves the application.
14. Action Taken
~ Date of Action: 1/Jry !l, clOO f !Z] EXEMPTION APPROVED FOR !_o'Z Years
Ending December 31, dO //',, (not to exceed 12 years)
0 DISAPPROVED
15. RESOLUTION MUST CONTAI~ THE FOLLOWING. A copy of the resolution must be furnished to the State Tax Commission.
□ A statement that the local unit is a Qualified local Governmental Unit. 0 A statement that an of the items described on line 9 of the Application for
□ A statement that the Obsolete Property Rehabilitation District was legally Obsolete Property Rehabilitation Exemption Certificate have been provided to
established including the date established and the date of hearing as the Qualified Local Governmental Unit by the applicant.
provided by section 3 of P.A. 146 of 2000. D A statement that the commencement of the rehab1lllation of the facility did not
D A statement indicating whether the taxable value of the property proposed occur before the establishment of the Obsolete Property Rehabilitation
to be exempt plus the aggregate taxable value of property already exempt District
under P.A. 146 of 2000 and under P.A. 198 of 1974 (IFT's) exceeds 5% of D A statement that the application relates to a rehabilitation program that when
the total taxable value of the unit. completed constitutes a rehabilitated facility within the meaning of P.A. 146 of
□ If it exceeds 5% {see above), a statement that exceeding 5% will not have 2000 and that ls situated Wilhin an Obso\ele Property Rehabilitation District
the effect of substantially impeding the operating of the Qualified Local established in a Qualified Local Governmental Unit eligible under P.A. 146 of
Governmental Unit or of impairing the financial soundness of an affected 2000 to establish such a district.
taxing unit. D A statement that completion of the rehabilitated facility is calculated lo, and
□ A statement that the application was approved at a public hearing as
provided by section 4(2) of P.A. 146 of 2000 inc!uding the date of the
will al the time of issuance of the certificate, have the reasonable hke!ihood
to, increase commercial activity, create employment. retain employment,
hearing. prevent a loss of employment, revitalize urban areas, or increase the number
□ A statement that the applicant is not delinquent in any taxes related to the
facility.
of residents in the community in which the facility is situated. The slatement
should indicate which of these \he rehabilitation Is likely lo result in.
□ A statement of the factors, criteria and objectives, if any, necessary for
extending the exemption, when the certificate is for less than 12 years.
D A statement that the rehabilita!ion includes improvements aggregating 10%
or more of the true cash value of the property at commencement of the
0 A statement that the application is for obsolete property as defined in rehabilitation as provided by section 2(1) of P.A. 146 of 2000.
section 2(h) of Public Act 146 of 2000. D A statement of the period of lime authorized by the Qualified Local
Governmental Unit for completion of the rehabilitation.
16. ASSESSOR: Taxable Value State Equalized Value (SEV)
Current Taxable Land d.5. 000 c?S'. 000
Value and State Buildings 9.0.' w_OO 'l.0.,. ~· 00
)
Equalized Value of -, (")
Buildings on Leased Land 0
obsolete properties
broken down for: Other Personal Property () 0
Year of Values ra;/0 0 t/... o?OO l/
17. N~e ~f local Government Bod"$, l Date of Action on This Application
f us /('p e.o /7 s-11-0 f
, ; ~"
CLERK'S c\faTIFICATION
0
-
The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way.
Further, the undersigned is aware that if any information provided is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy.
G.
S1gna~ Date Telephone Number
1 <;(3 I l
Clerk's Mailing Address ZIP Code
7 33 Te,,/'a c e., as
Applications received after October 31 may not be acted upon in the c
This application is subject to audit by the State Tax Commission.
Mail completed Application and copy of Resolution to:
State Tax Commission
Michigan Department of Treasury
P .0. Box 30471
Lansing, Michigan 48909-7971
If you have any questions, please call (517) 373-2408 or 373-3302.
Regarding: PCJ Enterprise, LLC.
Attachment for: Application for Obsolete Property Rehabilitation Exemption Certificate
Section " 9"
Question (a): General description of the obsolete property.
The property is located at 441 W. Western Ave. in the City of Muskegon. It
consists of roughly 9,100 square feet of usable space on the main level. There is an
additional 2,000 square feet along the backside of the property that is set up as a loading
dock facility. There is also approximately 2,500 square feet of usable space in the
basement.
Question (b):General description of the proposed use of the rehabilitated facility.
PCJ Enterprises, LLC. proposes to use the building for developing a
restaurant/bar utilizing 50 percent of the space available on the main level of the building
and in the basement. The proposed restaurant would also utilize the loading dock facility
currently located on the backside of the property.
The other half of the property would be used for other commercial or retail
opportunities envisioned in the City of Muskegon's master plans for the downtown area.
Question (c): Description of the general nature and extent of the rehabilitation to be
undertaken.
The current building would receive a complete rehabilitation in all areas. All
electrical work, plumbing, heating and cooling systems, floors, walls, ceilings, interior
design and decoration, etc. would be new. The entire front fa\'ade would be completely
refurbished. The main infrastructure (brick walls/wood support truces) and roof of the
building are in good condition and would be used, as is, with minor changes to meet the
needs of the development.
Question (d): A descriptive list of the fixed building equipment that will be part of the
rehabilitated facility.
The building's current condition is that of a shell.
1) Heating/cooling systems (new)
2) Plumbing for entire facility including new bathroom facilities and general
plumbing throughout the entire building
3) Electrical for entire facility including all wires, light fixtures, emergency
lighting, etc.
4) All interior floors, ceilings and walls including new studs, drywall, plywood
and paint.
5) New front far,,ade.
6) New emergency sprinkler system throughout the main level of building.
Question (e): A time schedule for undertaking and completing the rehabilitation of the
facility.
PCJ Enterprise, LLC. envisions the rehabilitation of the facility beginning on or
near the first of January 2005 and being completed within six months. If a tenant were
acquired prior to this time development would commence at an earlier date.
Question (f): A statement of the economic advantages expected from the exemption.
PCJ Enterprise, LLC. would like to create a facility, in the downtown area, that
would be enticing for businesses to establish or relocate in. The tax exemption would
provide PCJ Enterprise, LLC. a key incentive to offer interested businesses that might be
considering locating in the Muskegon area. These new businesses would add to the
commercial viability and overall vitality in the downtown area immediately surrounding
the development. These new businesses will also employ a number of people from the
surrounding area and expand the future tax base for the city.
The proposed bar/restaurant would employ 25 - 40 new people in the Muskegon
area and provide the type of entertainment /attraction, sought by the city, to add to the
allure of the developing Arts and Entertainment District. The tax exemption will assist
PCJ Enterprise, LLC. in minimizing the buildings overall operating expenses and thus
helping to insure the long-term success of this development.
REAL ESTATE SUMMARY SHEET
Parcel: 61-24-205-313-0005-00 Owner's Name: PCJ ENTERPRISE LLC
Property Address: 441 W WESTERN AVE Map#: 24-31-19-458-001
Cur. Class : 201 Gov. Unit: 24 24.CITY OF MUSKEGON School: 61010 MUSKEGON SCHOOLS
Prev. Class: 201 Neighborhood: C19 Cl9.04 CENTRAL BUSINESS
Public Impr.: Paved Road, Storm Sewer, Sidewalk, Water, Sewer, Electric, Gas,
Curb
Topography: Level, Landscaped
Legal Description: Mailing Address:
CITY OF MUSKEGON 749 MOULTON
REVISED PLAT OF 1903 NORTH MUSKEGON MI 49445
LOT 5 & THAT PORTION LOT 4 BLK 313 DESC
AS FOLS:
COM AT SELY COR SD LOT 5
TH N 41D 55M 22S W ALNG ELY LN SD LOT 5, A DIS OF 140.05 FT TO NELY COR SD LOT
5
TH N 48D lOM 43S E ALNG NLY LN LOT 4, A DIS OF 26.04 FT
TH s 42D 03M 01S E ALNG FACE OF EXISTING BRICK & BLOCK WALL, A DIS OF139.96FT
TO SLY LN SD LOT 4
TH s 47D 58M 26S W ALNG SD SLY LN LOT 4, A DIS OF 26.35 FT TO POB
SBJT TO ESMTS RECOR'D 3361/537.
SBJT TO ESMTS RECOR'D 3473/376.
SBJT TO ESMTS RECOR'D 3473/385.
---------------- Most Recent Sale Information -----------------
Sold on 08/14/2002 for 210,000 by COMMUNITY FOUNDATION OF MUSKEGON CO.
Terms of Sale: Arms-Length Liber/Page: 3473/379
--------------- Most Recent Permit Information
Permit PL-01-5970 on 09/04/2001 for $0 category PLUMBING.
Physical Property Characteristics -----------------
2005 S.E.V.: 115,500 Taxable: 115,500 Lot Dimen: 90' X 140'
2004 S.E.V.: 115,600 Taxable: 115,600 Acreage: 0.29
Zoning: B-3 Land Value: 50,000 Frontage: 90. 0
Homestead: 0. 000% Land Impr. Value: 11,330 Average Depth: 140.0
Improvement Data
# of Residential Buildings: O # of Ag. Buildings: 0
Year Built: O Est. TCV:
Occupancy: Single Family
Class: D # of Commercial Buildings: 1
Style: 1 STORY Type: Store, Retail
Exterior: Desc:
% Good (Physical): 0 Class: C
Heating System: Forced Air w/o Ducts Quality: Average
Electric - Amps Service: 0 Built: O Remodeled: O
# of Bedrooms: O Overall Building Height: 14
Full Baths: 0 Half Baths: 0 Floor Area: 9,270
Floor Area: Sale Price/Floor Area: 22.65
Ground Area: Est. TCV: 169,675
Garage _A_rea: Cmts:
Basement Area:
Basement Walls:
Est. TCV:
Commission Meeting Date: May 11, 2004
Date: May 4, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Resolution to Sell 503 Octavius
SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
complete the sale of the structure located at 503 Octavius to Mr. Monte
Griggs to be used as an owner-occupied single family residence.
FINANCIAL IMPACT: The HOME fund will receive approxinately
$70,000 in program income.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and instruct
the Mayor and Clerk to sign the quit claim.
COMMITTEE RECOMMENDATION: The City Commission and Land
Reutilization Committee both approved this project.
MUSKEGON CITY COMMISSION
2004-45(g)
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 503 OCTAVIUS
WHEREAS, the City of Muskegon 1s dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods; · ·
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approved the sale of the totally rehabilitated home for $86,000 which is located at
503 Octavius to be used as a single family owner-occupied home to Monte Griggs
with a subsidy of $16,000 in its current rehabilitated condition.
Adopted this 11 th day of May, 2004
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
By---€~ ~,--- ~"'--""""=~ ==----
Steve in on, Mayor
By Gafti±i9,:C~ r r
CERTIFICATION
2004-45(g)
This resolution was adopted at a regular meeting of the City Commission, held on May
11, 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
Gail A. Kundinger, MMC, Ci
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: Monte Griggs of671 Marquette, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
City of Muskegon Revised Plat of 1903 Nl/2 Lot 9 and Sl/2 Lot 10
for the sum of Eighty Six Thousand and no/100 Dollars ($86,000.00)
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this J.'/td. day of __.lJJ'...LLJ4~.:/.l/'------~• 200..i._.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Tue foregoing instrument was acknowledged before me this Ii"!ff day of &'b!? , 200L.., by
Stephen J. Wannington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
John C. Schrier Notary Public, Muskegon County, Michigan
Parmenter O'Toole My commission expires: 9- o1 .,- o C,
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
Commission Meeting Date: May 11, 2004
(Rehearing of January 27, 2004 case)
Date: May4,2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development t,tlV
RE: Rezoning request for property located at 407 Marquette Ave.
(SE comer of Marquette Ave. and Wood St.)
SUMMARY OF REQUEST:
Request to rezone property located at 407 Marquette Ave., at the SE corner of
Marquette Ave. and Wood St., from R-1, Single-Family Residential to B-1, Limited
Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission voted to deny the request at their 1/15 meeting.
Commissioners Spataro, Aslakson, Johnson and Sartorius voted for denial,
Commissioners Michalski and Smith voted against denial, and Commissioners Mazade
and Warmington abstained. T. Harryman was absent.
5/4/2004
CITY OF MUSKEGON
RESOLUTION #2004-
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located at 407 Marquette Ave., at SE comer of Marquette
Ave. and Wood St., from R-1, Single-Family Residential to B-1, Limited Business was considered by
the Planning Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on Janumy 15,
2004, and;
WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map and Master Land Use Plan;
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 11 th day of May, 2004.
Ayes:
Nays:
Absent:
By: _ _ _ _ _ _ _ _ _ _ _ _ __
Stephen J. Wam1ington, Mayor
I hereby ce1tify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held
on May 27, 2004.
Gail A. Kundinger, MMC, City Clerk
5/4/04 2
~ I City of Muskegon
·-❖-·
Planning Commission
Case # 2004-01 ,
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Shirley and Howard Calloway - 417 Yuba (phone call)
• Do not want 407 Marquette to have liquor license. They whish they could get rid
of the one on summit at Yuba.
14J 001/005
05/11/2004 15:27 FAX 231 728 2206
PARMENTER O'TOOLE
'
PARMENTER o-ToOLlli:
Auomeys al law
175 West Apple Avenue ■ P.O. Box n:Ie ■ Muskegon, Michlt,ian 4944~•0786
1wtw.Pa,met1terlaw.cam
Fax Transmittal
ro: FROM:
Gail A Kundinger John C. Schrier
COMPANY: DATE:
City of Muskegon 5/11/04
FAX NUMEIER: TOTAL NO, OF PAGES INCLUDING COVER:
231.724-4178 5
PHONE NUMSER: SENDER'S OIRECT DIAL NUMBS:~:
231. 724-6705 231.722.5401
RE: SENDERS FAX NUMBER:
Rezoning Request: 407 Marquette Ave. 231.728.2206
□ URGENT □ FOR REVIEW □ PLEASE COMMENT O PLEASE REPLY □ PLEASE RECYCLE
NOTES/COMMENTS:
Thi$ facsimile transmission may contain privileged or confidential information intended sofe!y fQI' use by the individual or entity
named as the recipient. If you are not the intended recipient or the employee or agent responsible fot delivering this document to
ths intended recipient, be aware that any disclosure, copying, dislributlon or use of this transmission is strictly prohibited. If you
have received this transmission in error, please telephone us immediately so we may arrange to correct the mistake. Thank you.
PARMENTER O'TOOLE 141002/005
05/11/2004 15:27 FAX 231 728 2206
'ARMENTER o-TOOL~
'--' AttQrhey.r at Lmv
--
17$ Wast Apple Avenue ■ P.O. Box 786 ■ Muske~on, Miclilgal'I 49443-0786
Phone 2.31.722.16~1 • Fax ~S1.722.7ee6 ar2:31,728..22□ e
wwv,.Parmanterl~w.com
May 3, 2004
Mayor and City Commission
c/o Bryon Mazade - City Manager
City of Muskegon
P.O. Box 536
Muskegon, MI 49443-0536
Re: Rezoning Request: 407 Marquette Avenue
Dear Mayor and Commission:
It is my understanding that some members of the City Commission desire to reevaluate the
rezoning request for 407 Marquette Avenue, This letter is provided in anticipation of procedural
issues, should the City Conunission decide it wishes to take further action on the rezoning
request.
l3ackg1·ouml
Pursuant to the City and Village Zoning Act, prior to the City Commission considering a
rezoning request, the request must first be evaluated by the planning commission, after a public
hearing. The City ofM11skegon Planning Commission held a public healing on the rezoning
request for 407 Marquette Avenue on January 15, 2004. A motion was adopted by the Planning
Commission to deny the request. (Planning Commissioners Spataro, Aslakson, Johnson, and
Sartorius voted to deny the request; Planning Commissioners Michalski and Smith voted for the
request; Planning Commissioners Mazade and Warmington abstained; Planning Commissioner
Harriman was absent. 1) The Planning Commission's recommendation was forwarded to the City
Commission for its consideration.
On January 27, 2004, the City Commission considered the rezoning request. At that time,
Commissioner Spataro made, and Commissioner Gawron seconded, a motion to deny the
rezoning request at 407 Marquette Avenue from R-1, Single Family Residential to B-1, Limited
Business. Commissioners Gawron, Shepherd, and Spataro voted in favor of the motion; Mayor
Wannington, Vice Mayor Larson, and Commissioners Carter and Davis voted against the
motion. As such, the motion failed. Immediately thereafter, Vice Mayor Larson made, and
Commissioner Davis seconded, a motion to approve the rezoning request for property located at
407 Marquette Avenue from R-1, Single Family Residential to B-1, Limited Business. Mayor
Warmington, Vice Mayor Larson, and Commissioners Carter and Davis voted in favor of the
1
Planning Commissioners Mazade and Warmington abstained because they were not present during the entire
public hearing.
PARMENTER O'TOOLE 141003/005
05/11/2004 15:27 FAX 231 728 2206
Mayor and City C01mniss. __,,,
May3,2004
Page2
motion; Commissioners Gawron, Shepherd, and Spataro voted against the motion. The minutes
reflect that the motion passed, but required a second reading.
The requirement of a second reading is mandated by the City of Muskegon Charter, which
provides that:
"No ordinance shall be adopted at the same meeting at which it is prnposed
except by unanimous consent of all members of the commission then in office."
Muskegon City Charter, Chapter VII, Section 2.
On February 10, 2004, the City Co1nmission undertook the second reading of the proposed
ordinance. The applicant was unaware of the need for a second reading and, thus, was not
present at the City Commission meeting. At that meeting, Vice Mayor Larson made, aud
Commissioner Davis seconded, a motion to approve the rezoning of 407 Marquette Avenue from
R-1, Single Family Residential to B-1, Limited Business. Vice Mayor Larson and
Commissioners Davis voted in favor of the motion; Mayor Warmington and Commissioners
Carter, Gawron, Shepherd, and Spataro voted against the motion. The motion failed.
If the City Commission desires to consider tl1e request to rezone the property located at
407 Marquette, there are two options:
1. Start the process over again;
2. Rescind the City Commission action of February 10, 2004.
The first is straight forward and for more legally defensible. The second is procedurally
awkward.
Comm~nce New Case
The City and Village Zoning Act provides the statutory process to amend a zoning ordinance. In
the case of Muskegon,
"the legislative body shall not amend the ordinance ... until the proposed
amendment has been submitted to the (planning] commission and it (planning
commission] has held at least 1 hearing and made report thereon."
MCL Sectiou 125.584(3). The courts require strict compliance with the statute when adopting
and amending zoning ordinances.
The safest course is to begin again. The City Commission could ask the Planning Commission
to consider a rezoning reqnest. The applicant's confusion on the need for a second reading would
warrant the request.
G:\E:0$!\FILES\00100\ 1905\I.TR\BJ02413.DOC
PARMENTER O'TOOLE i4J 004/005
05/11/2004 15:28 FAX 231 728 2206
Mayor and City Commissi.___;
May3,2004
Page 3
By commencing this matter anew, hopefully, a greater number of members of the Planning
Commission can review this matter and make a recommendation. Regardless of that
recommendation, the City Commission could then deal with the issue based upon a fresh
recommendation from the Planning Commission. By treating this as a new request to be
processed fully and completely, a munber of procedural issues are avoided and may reduce the
number of complaints from citizens, both those in favor and opposed to the rezoning.
Renew Matte( :Before the City Commission
No1mally, the City Commission could deal with this as a Motion to Reconsider, However, the
City of Muskegon City Commission Rules aud Procedures, which was adopted May 25, 1999,
provides that the most recent edition of Roberts Rules of Order shall govern the commission in
all cases in which they are applicable so long as they are not in conflict with commission rules,
City Ordinance, or Charter. Both Robeits Rules of Order and the City Commission Rules and
Procedures permit a reconsideration of a motion only at the same meeting or at the next regularly
scheduled meeting. As such, a motion for reconsideration is not appropliate.
If the City Commission desires to bling this matter before it again, the City Commission would
need to consider a motion to rescind its motion to approve the rezoning request of February 10,
2004. The motion would be:
"Motion to rescind the action of the City Commis,:;ion Motion which failed at the
Febntary 10, 2004 City Commission meeting to Approve the Rezoning of
407 Marquette Avenue from R-1, Single Family Residential to B-1, Limited
Business."
That motion can be made and seconded by aoy member of the City Commission. The motion is
debatable and can be amended. Purouant to Roberts Rule,:; of Order, if there is notice of intent to
make that motion, then the motion to rescind may be adopted by simple majority.
If the motion to rescind fails, no additional action will be taken on the underlying substantive
motion. If the motion to rescind is adopted, then the City Commission could consider a motion
to rezone the property. At that point, the motion should be:
Motion to Approve the Rezoning of 407 Marquette Avenue from R-1, Single
Family Residential to B-1, Limited Business.
That motion may be made and seconded by any member of the City Commission.
The City does not appear to have a practice as to whether a vote to amend the zoning ordinance
would be considered a first or second reading. Given the lack of clear procedure or interpretive
guidance, I would recommend that if the motion for rezoning is adopted on May 11, 2004 by
fewer than all of the Commission, that a second reading be held at the next City Commission
meeting. While this ro.iy delay implementation of the ordinance, it provides greater legal ability
G:\EDSI\Fll.ES\00100\1 S05\LTR\BJOi4e,ooc
05/11/2004 15:28 FAX 231 728 2206 PARMENTER O'TOOLE 14] 005/005
Mayor and City Cornmiss,.....)
May3,2004
Page4
to defend the ordinance if a court challenge is forthcoming. It also allows the citizens adequate
notice of the proposed action.
If you have any questions or concerns, please feel free to contact me.
olm C. Sdrrier
Direct: 231. 722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parrnenterlaw.com
G:\EDSI\FILES\00100\1005\lTR\8J02,4e,ooc
Commission Meeting Date: May 11, 2004
Date: May 4, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department 03c.
RE: Request for Extension of Deadlines for Former
Lakos Property
SUMMARY OF REQUEST: At the April 13, 2004 meeting, the City Commission
requested that staff prepare an extension agreement with the Holiday Inn for the
former Lakos property. The extension agreement allows for the owner of the
property to have until October 1, 2004 to present plans for the development of the
property to the City. Construction must then begin by April 1, 2005 and be completed
by September 1, 2005.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Amendment Agreement,
granting an extension of time to the owners of the former Lakos property, and
authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
SECOND AMENDMENT AGREEMENT
2004-47(b)
THIS AGREEMENT is made, effective May 11 , 2004 by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace Street,
Muskegon, Michigan 49440 ("Seller"), and DESIREE ENTERPRISES, INC. of939 Third
Street, Muskegon, Michigan 49440 ("Buyer"). This agreement constitutes an amendment to a
certain Real Estate Purchase Agreement between the parties dated February 8, 2000, and a Land
Contract between the parties dated March 1, 2000, a memorandum of which was recorded on
March 6, 2000, at Liber 3020 Page 817, Muskegon County Register of Deeds and Amendment
Agreement dated January 22, 2002. In all other respects the said agreements shall remain in full
force and effect.
1. Extension of Time for Completion oflmprovements. The Buyer shall have an
extended period of time within which to construct the improvements contemplated by Section 9
of the Real Estate Purchase Agreement, so that the time for commencement of construction shall
be April 1, 2005 and completion of construction shall now be September 1, 2005. This extension
is made on the following conditions. The failure of the Buyer to observe any one of these
conditions shall result in immediate reversion of the property to Seller as set forth in paragraph 9
of the Real Estate Purchase Agreement and fmther in this agreement:
1.1 The parking lot which has been constructed on the property shall be
landscaped in compliance with a landscaping plan to be submitted to and
approved by the City (Planning Department).
1.2 All zoning ordinance requirements, including variances, if granted, shall
be complied with, including without limitation landscaping, setbacks,
layout, lighting, and any other site plan requirements.
1.3 The entrance(s) and exit(s) for the parking area shall be on the alley.
1.4 Maintenance, repairs and cleaning of the parking lot shall be the
responsibility of the Buyer or its successors or assigns.
1.5 The Buyer shall deposit with the City a written schedule of the
construction activities and completion of buildings and structures
appropriate for commercial uses permitted on the property, the said
Z:\WORD\Lakos.Purchase Agt.Extension 2 amended.doc
schedule to be filed with the City no later than October I, 2004.
Construction shall commence by April I, 2005. Completion of the said
improvements shall be accomplished by September I, 2005, and the
schedule shall so require.
1.6 Reversion. Failure to timely submit the appropriate plan, or if submitted,
without timely commencement by April 1, 2005and completion by
September I, 2005, shall result in reversion to the City. Reversion to the
City shall mean that without any further action by the City, the entire title
to the property shall pass to the City without compensation to Buyer for
the improvements or partial improvements made, including without
limitation all parking, lighting, landscaping, infrastructure, ground cover,
seeding, planting, fences or other installations, or for any expense of any
kind. This reversion right of the City is supported by consideration,
reflected in the original purchase price. This reversion right survives
delivery of a deed pursuant to the Land Contract.
2. Recording and Enforcement. The provisions of this agreement shall constitute
amendments to the Land Contract at paragraph 19 thereof, and the incorporated Real Estate
Purchase Agreement at paragraph 9 thereof. This agreement may be recorded, and shall
constitute record evidence of the City's right to reversion and enforcement of the agreement. The
legal description of the property is:
Lot 8, EXCEPT the Easterly four inches thereof, and all of Lots 9,
IO and 11; also Lot I 2, EXCEPT the Southwesterly 6/1 Oths of a
foot, of Block 566 of the Revised Plat of the City of Muskegon.
3. In all other respects the agreements between the parties shall remain in full force
and effect. It is binding on the parties and their successors and assigns.
WITNESSES: SELLER: CITY OF MUSKEGON
L,,-,Ja S. /7orf--
r:\D __.,
a../6 ?:>
I
JENNIFER M. JUDITH ALLEN
GRANHOLM LIQUOR COMMISSION
STATE OF MICHIGAN
GOVERNOR CHAIRWOMAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
DAVID C. HOLLISTER, DIRECTOR
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1 (4)]
Muskegon Police Department September 18, 2003
Chief of Police
1990 E. Apple
Muskegon, Michigan 49442 Request I.D.#231502
Chief of Law Enforcement Office
Applicant: BEN ROBERTS JR. requesting a New Specially Designated Merchant License located at
248 Mason, Muskegon Michigan, 49441, Muskegon County.
Contact: William R. Sininger, Attorney, 120 W. Apple, Muskegon Ml, 49443 B.P.(231)727-2107
Please make an investigation of this application. If you do not believe that the applicant(s) 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
( X) No Fingerprints Necessary
If you have any questions, contact the Licensing Division at (517)322-1400
Jr
LC-1972 Rev 01/02
Michigan Liquor Control Commission
7150 Harris Drive• P.O. BOX 30005 • LANSING, MICHIGAN 46909-7505
www.michiqan.gov • (517) 322-1345 Lansing Office
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
1f A✓'JL
LIQUOR CONTROL COMMISSION
7150 Harris Drive
lo -1 Vo·~
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4)]
Muskegon Police Department September 18, 2003
Chief of Police
1990 E. Apple
Muskegon, Michigan 49442 -
Request I.D.#231503
Chief of Law Enforcement Office
Applicant: BEN ROBERTS JR. requesting a New Specially Designated Distributor License,
located at 248 Mason, Muskegon Michigan, 49441,Muskegori County, to be held in conjunction
with Proposed New Specially Designated Merchant License (R.I.D.#231502).
CONTACT: ATTORNEY:
Ben Roberts Jr. William R. Sininger
864 Emerald 120 W. Apple Avenue, P.O. Box 599
Muskegon, Michigan 49442 Muskegon, Michigan 49443-0599
Business Phone: (231 )727 -2107
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. lfthere is
not enough room on the front of the form, you may use the back.
Forward your report and recommendations of the applicant to the Licensing Division.
(X ) NO FINGERPRINTS NECESSARY
PLEASE INCLUDE FINGERPRINT CARDS AND $30.00 FOR EACH CARD, AND MAIL TO
THE MICHIGAN LIQUOR CONTROL COMMISSION.
If you have any questions, contact the Licensing Division at (517) 322-1400.
jr
CITY OF MUSKEGON
DIVISION OF PUBLIC SAFETY
Anthony L. Kleibecker
Dfrector of Public Safety
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker A rr L . I ~
Director of Public Safety v
DATE: May 3, 2004
SUBJECT: Liquor License Application - 248 Mason Street
(Mason Street Market)
The Liquor Control Commission has received an application from Ben Roberts Jr.
requesting a New Specially Designated Distributor License (SDD) to be located at
248 Mason Street (Mason Street Market). This license would be held in conjunction
with a Proposed New Specially Designated Merchant License (SDM).
Per our internal procedures, Detective Kurt Dykman has conducted a check of
department and state records as they pertain to Ben Roberts Jr. City records
indicate that in 1989 Ben Roberts Jr. acqufred 248 Mason and remains as the
current owner. Until April 28, 2003, when a business license application was
submitted, the City Clerk's Office had no record of a business license having been
issued for this location. A business license application was submitted by Anthony
Jones of Antinique Enterprises LLC, 1712 Ray Street, Muskegon. The start date of
the business was to be June 1, 2003. A review of police calls to that address revealed
that officers were dispatched to the business on April 9, 2003 and in doing so,
discovered that the store was open. Officers have had contacts with individuals at
248 Mason at other times prior to June 1, 2003.
Reviews of dep:utment records indicate numerous arrests of Anthony Jones.
Department records also reveal a number of arrests and contacts with Mr. Roberts
ranging from 1969 through 2003.
The Fire Department is denying this request due to the fact that the business is not
in compliance with the International Fire Code for commercial operations. The
Inspection Department is denying this request as the business has failed to schedule
an inspection and has yet to obtain a Certificate of Occupancy.
980 Jefferson Street www.muskegonpolice.com Phone: (231) 724-6955 1
Muskegon, Michigan Fax: (231) 725-2043
49443-0536
In addition to my concerns with the individuals involved with this application and
the failurn to meet the requirements set forth by the Fire Department and
Inspection Department, I am concerned with the nature of crime in the vicinity of
248 Mason Street. This business sits at the corner of Fifth Street and Mason. We
have had continual problems with street-level drug dealing and other disorder
crimes. My greatest concern is that adding a store that sells liquor into this
environment will make it all the more difficult to deal with these issues and to
maintain the safety of those residents who live in this neighborhood.
Generally, I have not opposed the issuance or renewal of liquor license applications
in the city. However, in this present case I am recommending that you deny this
request for a SDD and SDM license for 248 Mason Street.
980 Jefferson Street www.muskegonpolice.com Phone: (231) 724-6955 2
Muskegon, Michigan Fax: (231) 725-2043
49443-0536
INCIDENT LIST:
Agcy Case# Offense Rpt Date Location
MUPD 2000-004215-I VIOLATION OF CO 02/18/2000 5TH/MASON
MUPD 2000-009572-I GENERAL NON-CRI 04/14/2000 STH/MASON
MUPD 2000-011607-I WEAPONS OFFENSE 05/04/2000 5TH/MASON
MUPD 2000-014441-I VIOLATION OF CO 05/31/2000 5TH/MASON
MUPD 2000-017025-I DISORDERLY COND 06/22/2000 5TH/MASON
MUPD 2000-017044-I DRUNKENNESS - E 06/23/2000 5TH/MASON
MUPD 2000-017923-I GENERAL ASSISTA 06/30/2000 STH/MASON
MUPD 2000-018376-I TRAFFIC VIOLATI 07/04/2000 5TH/MASON
MUPD 2000-025837-I DISORDERLY COND 09/08/2000 5TH/MASON
MUPD 2000-026894-I NON-AGGRAVATED 09/19/2000 5TH/MASON
MUPD 2000-028026-I NON-AGGRAVATED 10/01/2000 5TH/MASON
MUPD 2000-028660-I NON-AGGRAVATED 10/08/2000 5TH ST/MASON AV
MUPD 2000-031238-I MOTOR VEHICLE T 11/05/2000 5TH/MASON
MUPD 2000-031669-I MISCELLANEOUS C 11/10/2000 5TH/MASON
MUPD 2000-032882-I UNAUTHORIZED DU 11/27/2000 5TH/MASON
INCIDENT LIST:
Agcy Case# Offense Rpt Date Location
MUPD 2001-002028-I MISDEMEANOR TRA 01/27/2001 5TH/MASON
MUPD 2001-004725-I DISORDERLY COND 03/06/2001 5TH/MASON
MUPD 2001-007744-I GENERAL NON-CRI 04/11/2001 5TH/MASON
MUPD 2001-009274-I INCAPICATION 04/27/2001 5TH/MASON
MUPD 2001-011566-I AGGRAVATED/FELO 05/20/2001 5TH/MASON
MUPD 2001-011619-I MOTOR VEHICLE T 05/21/2001 5TH/MASON
MUPD 2001-012974-I OBSTRUCTING JUS 06/04/2001 5TH/MASON
MUPD 2001-014442-I PUBLIC PEACE - 06/17/2001 5TH/MASON
MUPD 2001-016080-I MISDEMEANOR TRA 07/01/2001 5TH/MASON
MUPD 2001-016424-I PUBLIC PEACE - 07/04/2001 5TH/MASON
MUPD 2001-022456-I SUSPICIOUS SITU 09/03/2001 5TH/MASON
MUPD 2001-024219-I DAMAGE TO PROPE 09/22/2001 5TH/MASON
MUPD 2001-024316-I LARCENY - OTHER 09/24/2001 5TH/MASON
MUPD 2001-028805-I PUBLIC PEACE - 11/16/2001 5TH/MASON
MUPD 2001-032170-I MISCELLANEOUS C 12/31/2001 5TH/MASON
INCIDENT LIST:
Agcy Case# Offense Rpt Date Location
MUPD 2002-000950-I AGGRAVATED/FELO 01/14/2002 5TH/MASON
MUPD 2002-003593-I NON-AGGRAVATED 02/19/2002 5TH/MASON
MUPD 2002-004042-I WEAPONS OFFENSE 02/25/2002 5TH/MASON
MUPD 2002-005565-I DAMAGE TO PROPE 03/18/2002 5TH/MASON
MUPD 2002-005572-I BAD REPORT# 03/18/2002 5TH/MASON
MUPD 2002-005573-I MISCELLANEOUS C 03/18/2002 5TH/MASON
MUPD 2002-006453-I SUSPICIOUS SITU 03/30/2002 5TH/MASON
MUPD 2002-009080-I INTIMIDATION/ST 04/30/2002 5TH/MASON
MUPD 2002-009172-I VIOLATION OF CO 05/01/2002 5TH/MASON
MUPD 2002-011519-I DISORDERLY COND 05/29/2002 5TH/MASON
MUPD 2002-017942-A TRAFFIC ACCIDEN 08/03/2002 5TH/MASON
MUPD 2002-027149-I SUSPICIOUS SITU 11/10/2002 5TH/MASON
MUPD 2002-028330-I NON-AGGRAVATED 11/25/2002 5TH/MASON
MUPD 2002-028357-I PUBLIC PEACE - 11/26/2002 5TH/MASON
INCIDENT LIST:
Agcy Case# Offense Rpt Date Location
MUPD 2003-005492-I SUSPICIOUS SITU 03/18/2003 5TH/MASON
MUPD 2003-009092-I SUSPICIOUS SITU 05/01/2003 5TH/MASON
MUPD 2003-009552-I PROPERTY 05/07/2003 5TH/MASON
MUPD 2003-009951-I DISORDERLY COND 05/12/2003 5TH/MASON
MUPD 2003-010094-I DISORDERLY COND 05/14/2003 5TH/MASON
MUPD 2003-011489-I DISORDERLY COND 05/31/2003 5TH/MASON AV
MUPD 2003-011625-I GENERAL ASSISTA 06/02/2003 5TH/MASON
MUPD 2003-011711-I GENERAL ASSISTA 06/03/2003 5TH/MASON
MUPD 2003-011979-I LOST & FOUND PR 06/06/2003 5TH/MASON
MUPD 2003-012024-I DISORDERLY COND 06/07/2003 5TH/MASON
MUPD 2003-012390-I VIOLATION OF CO 06/11/2003 5TH/MASON
MUPD 2003-012658-I CURFEW-UNDER AG 06/14/2003 5TH/MASON
MUPD 2003-012668-I SUSPICIOUS SITU 06/14/2003 5TH/MASON
MUPD 2003-012992-I DISORDERLY COND 06/17/2003 5TH/MASON
MUPD 2003-013712-I DISORDERLY COND 06/24/2003 5TH/MASON
MUPD 2003-014963-I GENERAL NON-CRI 07/07/2003 5TH/MASON
MUPD 2003-015858-I DISORDERLY COND 07/17/2003 5TH/MASON
MUPD 2003-021856-I ASSIST OTHER AG 09/26/2003 5TH/MASON
MUPD 2003-021997-I ROBBERY 09/28/2003 5TH/MASON
MUPD 2003-026039-I SUSPICIOUS SITU 11/20/2003 5TH/MASON
MUPD 2003-026687-I MISDEMEANOR TRA 11/29/2003 5TH/MASON
INCIDENT LIST:
Agcy Case# Offense Rpt Date Location
MUPD 2004-001650-I SUSPICIOUS SITU 01/26/2004 5TH/MASON
MUPD 2004-005229-I SUSPICIOUS SITU 03/16/2004 5TH/MASON
INCIDENT LIST:
Agcy Case# Offense Rpt Date Location
MUPD 2003-007249-I DISORDERLY COND 04/09/2003 248 MASON AV
MUPD 2003-011639-I GENERAL NON-CRI 06/02/2003 248 MASON AV
MUPD 2003-016126-I SUSPICIOUS SITU 07/21/2003 248 MASON AV
MUPD 2003-016778-I SUSPICIOUS SITU 07/27/2003 248 MASON AV
MUPD 2003-017411-I DISORDERLY COND 08/02/2003 248 MASON AV
MUPD 2003-026055-I JUNK VEHICLE OR 11/20/2003 248 MASON
.RECETVED
William R. Sininger APt< U - :;nn11
Attorney at Law, PLLC
One East Apple Avenue, Suite B, Muskegon, MI 49442 Cl Clerks Office
Telephone (231) 728-9023 Fax (231) 726-3148
March 31, 2004
City of Muskegon
Clerk's Office
Michael E. Kobza Hall of Justice
990 Terrace
Muskegon,MI49442
RE: Investigation--Ben Roberts Jr., requesting a New Specially Designated
Merchant License, located at 248 Mason, Muskegon, MI 49441
Dear Ladies and Gentlemen:
Enclosed please find $250 which represents the inspection fee for the above captioned matter. I
have enclosed a copy of the LCC investigation form for your file. Please refer this over to the
Police Department to commence the investigation. If you have any questions please contact me
immediately.
WRS/hb
Enclosures
JENNIFER M. JUDITH ALLEN
GRANHOLM STATE OF MICHIGAN
LIQUOR COMMISSION
GOVERNOR CHAIRWOMAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
DAVID C. HOLLISTER, DIRECTOR
NOTICE: IMPENDING INVESTIGATION© ©
[Authorized MCL 1217]
{J=2> V
TO: Ben Roberts Jr. September 18, 2003
864 Emerald Request I.D.#231502
Muskegon, Michigan 49442
Reference: BEN ROBERTS JR. requesting a New Specially Designated Merchant License, located at 248
Mason, Muskegon Michigan, 49441, Muskegon County.
Your request has been placed under investigation. Investigations are conducted by an investigator from the
Michigan Liquor Control Commission, the local law enforcement agency and in some instances the local
legislative body.
You will be contacted by a Commission Investigator from:
District Office: Grand Rapids District Office
Telephone Number: (616)447-2647
You may contact that office regarding any appointments or questions, until your file is returned to the
Lansing Office. After the Commission's investigator has contacted you, it is your responsibility to contact
the police agency having jurisdiction at the business location, for their po1tion of the investigation. If you do
not provide requested information or keep your appointments, your file will be returned to the Lansing
Office which will delay the processing of yo.ur application.
If you are to be fingerprinted, a $30.00 fee must be paid to the police agency for each person printed.
Fingerprint fees must be paid by check or money order and made out to the State of Michigan.
When all reports are received, your file is then submitted to the Administrative Offices of the Commission
for presentation to the Commission for consideration. You will be notified in writing of the Commission's
decision. Any outstanding fees and closing papers will be requested only after the Commission has approved
your request.
WARNING
Do not invest any money in improvements or bind yourself in any agreements until you have been officially
notified by the Michigan Liquor Control Commission that your request has been approved.
OUTSTANDING VIOLATIONS
Any pending violations by the licensee and/or applicant must be resolved prior to Commission consideration
and/or final processing of your application.
JI"
cc: William R. Sininger, Attorney
LC-1975 Rev. 01/02
Michigd'n Liquor Control Commission
7150 Harris Drive• P.O. BOX 30005 • LANSING, MICHIGAN 48909-7505
www.michiqan.gov • (517) 322-1345 Lansing Office
MICHIGAN DEPARTMEN·I ui- c.;uN::>u1111c ~ °' 11~uu.:1 ,", ->"''' v ,v ......
LIQUOR CONTROL COMMISSION
P.O. BOX 30005
LANSING, MICHIGAN 48909-7505
NOTICE: IMPENDING INVESTIGATION
[Authorized MCL 436.1215]
September 18, 2003
Ben Roberts Jr. Request I.D.#231503
864 Emerald
Muskegon, Michigan 49442
Reference: BEN ROBERTS JR. requesting a New Specially Designated Distributor License with
Sunday Sales Permit, located at 248 Mason, Muskegon Michigan, 49441 ,Muskegon County, to be
held in conjunction with Proposed New Specially Designated Merchant License (R.I.D.#231502).
Your request has been placed under investigation. Investigations are conducted by an
investigator from the Michigan Liquor Control Commission, the local law enforcement agency and
in some instances the local legislative body.
You will be contacted by a Commission investigator from our Grand Rapids District Office. You
may contact that office at (616)447-2647 any appointments or questions, until your file is returned
to the Lansing Office. After the Commission's investigator has contacted you, it is your
responsibility to contact the police agency having jurisdiction at the business location, for their
portion of the Investigation. If you do not provide requested information or keep your
appointments, your file will be returned to the Lansing office which will delay the processing of
your application.
If you are to be fingerprinted, a $30.00 fee must be paid to the police agency for each person
printed. Fingerprint fees must be paid by check or money order and made out to the State of
Michigan.
When all reports are received, your file is then submitted to the Administrative Offices of the
Commission for presentation to the Commission for consideration. You will be notified in writing
of the Commission's decision. Any outstanding fees and closing papers will be requested only
after the Commission has approved your request.
WARNING
Do not invest any money in improvements or bind yoUiself in any agreements until you have been
officially notified by the Michigan Liquor Control Commission that your request has been
approved.
OUTSTANDING VIOLATIONS
If you are buying a license from a current licensee, and that licensee has a violation pending
during the time the application for transfer is being processed, final papers will not be released
until disposition of violation.
Jr
cc: Wi ll iam R . Sininger , Attorn ey
WILLIAM R. SININGER ATTY AT LAW PLLC 02-04 !!:fil.740
720 1008
TRUST ACCOUNT 628582261
1 E APPLE AVE. SUITE B PH. 231-728-9023
MUSKEGON. Ml 49442 DATE { - .SO<'JI¢
.
,:o? 2000 'l • s,: i;2asa22i;.11•
Affirmative Action
61.6/724-670:-,'
FAX/722-1214
Assessor
616/724-6708
FAX/724-417E
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-4055
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh.
Sen·ices
616/724-6717
FAX/726-2501
December 18, 2003
Engineering
616/724-6707
FAX/727-6904
Finance Mr. Ben Roberts, Jr.
616/724-6713 864 Emerald
FAX/724-6768
Muskegon,MI 49442
Fire Dept.
616/724-6792
FAX/724-6985 Dear Mr. Roberts:
Income Tax
616/724-6770 I have received a letter from the Liquor Control Commission reference your
FAX/724-6768
request for a new SDD and SDM License at 248 Mason. This request has been
Info. Systems recommended for denial by the Fire Department because the building is not in
616/724-6706
FAX/722-4301 compliance with the International Fire Code for commercial cooking operations.
The Inspection Department has also recommended denial of the request because
Leisure Sen·ice
616/724-6704 the building needs an inspection and to be issued a certificate of occupancy with
FAX/724-1196
the "Deli" addition.
Manager's Office
616/724-6724
FAX/722-1214
Please contact the Inspection Department at 724-6715 and the Fire Department at
724-6792 to schedule the inspections. This request will then be presented to the
Mayor's Officl.'
616/724-6701 City Commission for their recommendation.
FAX/722-1214
Neigh. & Const. If you have any questions, please contact me at 724-6915.
Services
616/724-6715
FAX/726-250 I Thank you,
Planning/Zoning
616/724-6702
FAX/724-6790
Police Dept. Linda Potter, CMC
616/724-6750
FAX/722-5140 Deputy Clerk
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Billing Dept.
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Affirmative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(23 I )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
May 5, 2004
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh. Mr. Ben Roberts, Jr.
Services 864 Emerald
(23 I )724-6717
FAX (231)726-2501 Muskegon, MI 49442
Engineering
(231 )724-6707 Dear Mr. Roberts:
FAX (231)727-6904
Finance This letter is to inform you that your request for a new SDM and SDD license
(231)724-6713
FAX (231)724-6768 located at 248 Mason, Muskegon, MI, will be presented to the City Commission
on May 11, 2004. This meeting begins at 5:30 p.m. and is located in the City
Fire Department
(231 )724-6792 Commission Chambers, 933 Terrace, Muskegon, MI.
FAX (231 )724-6985
Income Tax This request has also been sent to the Nelson Neighborhood Association for their
(231 )724-6770
FAX (231)724-6768
comments. It is Commission practice to let the Neighborhood Association know
of any liquor license requests that are located within their boundaries. This allows
Info, Technology
(231)724-4126 for comments from the people who live there and not just from the owners of the
FAX (231)722-4301 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)724-6701 Deputy Clerk
FAX (231)722-1214
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
(231 )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(23 1)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
httn•//www_-.:hnrPlinecitv.cnm
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.shorellnecity.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(231)724-6716 May 5, 2004
FAX (231)724-4405
Clerk
(231 )724-6705
FAX (231)724-4178
Comm. & Neigh. Mr. William R. Sininger, Attorney
Services 120 W. Apple
(231 )724-6717
FAX (231)726-2501 Muskegon,MI 49441
Engineering
(231 )724-6707 Dear Mr. Sininger:
FAX (231)727-6904
Finance This letter is to inform you that Ben Roberts request for a new SDM and SDD
(231 )724-6713
FAX (231)724-6768 license located at 248 Mason, Muskegon, MI, will be presented to the City
Commission on May 11, 2004. This meeting begins at 5:30 p.m. and is located in
Fire Department
(231 )724-6792 the City Commission Chambers, 933 Terrace, Muskegon, ML
FAX (231 )724-6985
Jncome Tax This request has also been sent to the Nelson Neighborhood Association for their
(231 )724-6770
FAX (231)724-6768
comments. It is Commission practice to let the Neighborhood Association know
of any liquor license requests that are located within their boundaries. This allows
Info. Technology
(231 )724-4126 for comments from the people who live there and not just from the owners of the
FAX (231)722-4301 business' who are located there.
lnspection Services
(231 )724-6715
FAX (231)728-4371
Sincerely,
Leisure Services
(231 )724-6704
FAX (231)724-1196
Mayor's Office Linda Potter
(231)724-6701 Deputy Clerk
FAX (231)722-1214
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
(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
httn•//"'"'"' 1i:hnrPlinPr-itv_r-nm
Affirmative Action
(231 )724-6703
MUSKEGON
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.shorellneeity.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231 )724-4405
May 5, 2004
Clerk
(231 )724-6705
FAX (231 )724-4178
Comm, & Neigh. Ms. Mary Jo Mccann, President
Services Nelson Neighborhood Association
(231 )724-6717
FAX (231)726-2501 461 W. Webster
Engineering
Muskegon, MI 49440
(231 )724-6707
FAX (231)727-6904
Dear Ms. McCann:
Finance
(231 )724-6713
FAX (231)724-6768 We have received a request from the Liquor Control Commission reference a
request from Mr. Ben Roberts, Jr. for a new SDD and SDM license located at 248
Fire Department
(231 )724-6792 Mason Street. A SDD license permits the sale of alcoholic liquor, other than beer
FAX (231 )724-6985
and wine for consumption off the licensed premises. A SDM license permits the
Income Tax sale of beer and wine for consumption off the licensed premises. On Tuesday,
(231 )724-6770
FAX (231)724-6768 May 11, 2004, the City Commission will review this request and determine
whether or not it should be recommended for approval.
Info. Technology
(231 )724-4126
FAX (231)722-4301 You are being sent this notice because the City Commission would like to know
Inspection Services how the Neighborhood Association feels and would appreciate any comments that
(231)724-6715
FAX (231)728-4371
they may have. You may send these comments to 933 Terrace, Muskegon, Ml
49440 or attend the City Commission Meeting on May 11, 2004, at 5:30 p.m. in
Leisure Services
(231 )724-6704 the Commission Chambers.
FAX (231)724-1196
Mayor's Office If you have any questions, please feel free to contact me at 724-6705.
(231)724-6701
FAX (231)722-1214
Sincerely,
Planning/Zoning
(231)724-6702
FAX (231)724-6790
Police Department
(231)724-6750 Linda Potter
FAX (231)722-5140
Deputy Clerk
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer
(23 I )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (23 I )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
httn•//www.li:hnrPlinPc-itv_rom
MIC:-ilGAN 0EPARTMENt OF (;OMMEflCE
LIQUOR. CONTROL COMMISSION Request _ I.D.#231502
and #23 1503
RESOLUTION
20 04-4 8:( a)
At a ___R_e~g-"uc.::1;;..;a:;.:r~
· ----,-,--- meeting of the _ _ _C_i_t__.y..___C_o_m_m_i_s_s_i_o_n_______
(Ragujar, or ~I (To.,.,,lp 8oaN1. CJty of Vlllcge CQunc,I)
called to order by Mayor Warmington on _ ___:.M.:. .:a=--y.__.:;.. l=-1..,_,--=2c..::0c..::0;_4,....___ at 5 : 3 0 P.!l.t
the following resolution was offered:
Moved by Commissioner Spataro and Supported by Vice Mayor Larson
That the request from Ben Roberts,
Jr., for a new SDD License to be
held in conjunction with proposed new SDM License located at
248 Mason, Muskegon, MI 49441, Muskegon County
be considered for Disapproval
Approval Disapproval
Yeas: Yeas: 7
Nays: Nays: O
Absent: Absent: o
It is the consensus of this legislative body that the application be not (RKOmm..-
recommended
or
_ _ _ _-,-_______ for issuance.
not A..:ommendedJ
State of Michigan ) SS
County of Muskegoh
I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the
City Commission at a ____;:,;R~e:..;g;i..;u::..:=.1-=a:.:r:___________
(A"Gul•r or spec,111
meeting held on the i1 th of May, 2004
Q ~~~
(0&11)
(Signed) ~ v,111g, Ciani) 0
(TOWl\lhlll- Clly, or
Gail A. Kundinger, MMC, City Clerk
933 Terrace , Muskegon,_MI 49440
1.-.ic11- of Tawn,nip, City or Vtll~Q• So,rd)
SEAL
POLICE INSPECTION REPORT ON LIQL. . LICENSE REQUEST
MICHIGM' lUOR CONTROL
7150 Harris Drive
Cf Pr'h
Michigan Deparfment of Consumer & Industry Services
MISSION
·..,__ _~3
(Authorized by MCL436.1217)
P.O. Box 30005 , _,-/ Cl
Lansing, Michigan 48909-7505 \ U
RID: 231502
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.
BEN ROBERTS JR.
248 Mason, Muskegon Michigan, 49441, Muskegon County
REQUEST FOR: A New Specially Designated Merchant License
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
DATE OF BIRTH: 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 finqerprinted: NONE NEEDED Date finaerorinted:
I Attach the fim1erprint card and $30.00 for each card and mail to the Michinan 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. lnvestiaation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
l!&1 No □ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? 91!' No D Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? D Yes D No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? D Yes
2. Is the proposed location satisfactory for this business? D Yes
3. Should the Commission grant this request? D Yes
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)
S "''-'-- /)l·h.cf,. o_o/
L . I Q~__Q__, , o.
Signa e (Sh8riff er Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
Michigan Depa"ment of Consumer & Industry Services
MICHIGAI JUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON LIQl .t LICENSE REQUEST
7150 Harris Drive , / ./\ ,'T)
(Authorized by MCL 436.1217)
P.O. Box 30005 J?-,,-r
II-...__
Lansing, Michigan 48909-7505 0 :,
RID: 231503 ~ q _./
Important: Please conduct your investigation as soon as possible and complete all four sections of Mis report.
Return the completed report and fingerprint cards to the Commission.
BEN ROBERTS JR.
248 Mason, Muskegon Michigan, 49441, Muskegon County
REQUEST FOR: A New Specially Designated Distributor License, to be held in conjunction with Proposed New Specially
Designated Merchant License (R.I.D.#231502)
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
DATE OF BIRTH: 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 finqerprinted: NONE NEEDED Date finaerorinted:
I Attach the fin11erprint card and $30.00 for each card and mail to the Michi11an 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. lnvestiaation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
jZLNo □ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? )Q No D Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? □ Yes D No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? D Yes G'No
2. Is the proposed location satisfactory for this business? D Yes G'No
3. Should the Commission grant this request? D Yes G'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)
S'e._€... M ff:;,__ n.A o_o/
L _ I -<.___ Q__,__, S:, • o,
Signal (Sheriff or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
Affirmative Action
616/724-6703
FAX/722-1214
Assessor
616/724-6 708
FAX/724-tl78
Cemetery
616/724-6783
FAX/726-5617
Civil Service
6 I 6/724-6716
FAX/724-4055 West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh.
Services
616/724-6717
FAX/726-2501
May 18, 2004
Engineering
616/724-6707
FAX/727-6904
Finance Liquor Control Commission
6 l 6/724-6713 7150 Harris
FAX/724-6768
PO Box 30005
Fire Dept.
616/724-6792
Lansing, MI 48909-7505
FAX/724-6985
Income Tax
REF: #231502 & 231503
616/724-6770 Ben Roberts, Jr.
FAX/724-6768
248 Mason
Info. Systems Muskegon,MI 49441
616/724-6706
FAX/722-4301
To Whom It May Concern:
Leisure Service
6 I 6/724-6704
FAX/724-1196
Enclosed is the Resolution and form LC-1800 that was recommended for denial at
Manager's Office the May 11, 2004, City Commission Meeting.
616/724-6724
FAX/722-1214
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Mayor's Office
616/724-670 I
FAX/722-1214 Sincerely, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Neigh. & Const.
■ Complete items 1, 2, and 3 . Also complete A. Signature
Services
616/724-6715
FAX/726-2501
I item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse X
D A•~;a- -:r.
DA<
;_.....
so that we can return the c
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