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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 22, 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. Fireworks Display - Nickelback Concert at the Muskegon Summer Celebration.
CITY CLERK
C. Annual Carriage License Renewal - Muskegon Carriage Co. CITY CLERK
D. Liquor License Request - GFB. LLC. 1920 Lakeshore. CITY CLERK
E. Liquor License Request - Opportunity. LLC. 978 Pine Street. CITY CLERK
F. Liquor License Request - RND Entertainment. Inc .• 1635 Beidler. CITY CLERK
G. Liquor License Request- Billing Corporation. 2390 W. Sherman. CITY CLERK
H. Liquor License Request -Lakeview Market. LLC. 1930 Lakeshore Drive. CITY CLERK
I. Resolution to Allow Staff Approval of 51 Lots. PLANNING & ECONOMIC
DEVELOPMENT
J. Nine-Month Extension to Complete Construction of Home. PLANNING &
ECONOMIC DEVELOPMENT
K. Establishment of Historic District Commission {HDC) Study Committee. PLANNING &
ECONOMIC DEVELOPMENT
L. Sale of Non-Buildable Lot at 1660 Seventh Street. PLANNING & ECONOMIC
DEVELOPMENT
M. Sale of Non-Buildable Lot at 1858 S. Getty Street. PLANNING & ECONOMIC
DEVELOPMENT
N. Sale of Buildable Vacant Lot at 812 Murphy Street. PLANNING & ECONOMIC
DEVELOPMENT
0. Sale of Buildable Vacant Lot at 243 E. Walton Avenue. PLANNING & ECONOMIC
DEVELOPMENT
P. Purchase of 867 Williams. COMMUNITY & NEIGHBORHOOD SERVICES
Q. Approval of Contract for Next Phase of Operation: At Long Last - AKA "Iona Home
Sweet Home" 248 Iona. COMMUNITY & NEIGHBORHOOD SERVICES
R. Approval of Quit Claim for the Purchase of City-Owned House at 361 Oak.
COMMUNITY & NEIGHBORHOOD SERVICES
S. Approval of Quit Claim for the Purchase of City-Owned House at 351 Erickson.
COMMUNITY & NEIGHBORHOOD SERVICES
T. Upgrade of Garage Ventilation System. PUBLIC WORKS
U. Set Public Hearing for Amendments to Brownfield Plan - Terrace Lots Office Building,
Northern Machine Tool. Art Works Apartments (Former Boiler Works Building}.
PLANNING & ECONOMIC DEVELOPMENT
V. Agreement for Engineering Services. ENGINEERING
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
A. Rezoning Request for Property Located at 955 W. Laketon. PLANNING & ECONOMIC
DEVELOPMENT
□ NEW BUSINESS:
A. Rezoning Request for Property Located at 407 Marquette Avenue (SE Corner of
Marquette Ave. and Wood St.). PLANNING & ECONOMIC DEVELOPMENT
B. Consumer's Energy Fencing. LEISURE SERVICES
C. Intergovernmental Agreement: Muskegon Township: Harvey and Stebbins Rd:
Watermain, Sewer and Streets. PUBLIC WORKS
D. Request to Establish a Pay Range-Police Records Supervisor. PUBLIC SAFETY
E. Consideration of Bids - Harvey St.-Stebbins, Marquette to Quarterline ENGINEERING
□ ANY OTHER BUSINESS:
□ PUBLIC, PARTICIPATION
► Reminder: Individuals who would like to address the City Commission shalt do the following:
► Fil! out a request to speak form attached to the agenda or located in the back of the room.
► Submit the torm to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE
MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER. CITY CLERK, 933 TERRACE
STREET, MUSKEGON. Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Special
Commission Meeting that was held on Wednesday, June 2, 2004; the
Commission Worksession that was held on Monday, June 7, 2004; and
the Regular Commission Meeting that was held on Tuesday, June 8,
2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 22, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, June 22,
2004.
Mayor Warmington opened the meeting with a prayer from Pastor Julie
Winklepleck from the Immanuel Lutheran Church after which the Commission
and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Kevin Davis and Lawrence Spataro, City Manager Bryon Mazade, City Attorney
John Schrier and City Clerk Gail Kundinger.
Absent: Commissioner Stephen Gawron, Clara Shepherd, and Chris Carter
(all were excused).
2004-56 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Special Commission
Meeting that was held on Wednesday, June 2, 2004; the Commission
Worksession that was held on Monday, June 7, 2004; and the Regular
Commission Meeting that was held on Tuesday, June 8, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
8. Fireworks Display - Nickelback Concert at the Muskegon Summer
Celebration. CITY CLERK
SUMMARY OF REQUEST: Stage & Effects Engineering is requesting approval of a
fireworks display permit for June 25th for the Nickelback Concert at the
Muskegon Summer Celebration. Fire Marshall Metcalf will inspect the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
C. Annual Carriage License Renewal - Muskegon Carriage Co. CITY
CLERK
SUMMARY OF REQUEST: To approve the request to license two (2) carriages for
operation in the City of Muskegon for the 2004-2005 licensing year. Sgt. Shirey
has inspected the carriages and approves this request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
D. Liquor License Request - GFB. LLC. 1920 Lakeshore. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from George F. Bailey to transfer ownership of
the 2003 Class C-SDM Licensed Business with Dance Permit from Jimmy R.
Benson; and to transfer location from 2805 Sixth Street, Muskegon Heights.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent upon final inspection.
E. Liquor License Request - Opportunity. LLC. 978 Pine Street. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Opportunity, LLC to transfer interest in the
2003 Class C-SDM Licensed Business with Dance-Entertainment Permit by adding
Ann Marie Mahan-McAllister as a new member through transfer of 40% interest
from existing member, Malachi F. Williams.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
F. Liquor License Request - RND Entertainment. Inc .• 1635 Beidler. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Diana and Robert Schweifler to transfer
ownership of the 2004 Class C Licensed Business with dance permit from Star 4,
Inc., DBA Westside Inn, and request a new entertainment permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
G. Liquor License Request - Billing Corporation. 2390 W. Sherman. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Billing Corporation to transfer ownership of
the 2003 SOD & SOM Licensed Business from Karamsar Corporation, OBA Super
Stop Food.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
H. Liquor License Request - Lakeview Market. LLC. 1930 Lakeshore Drive.
CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Gary Samples and Laureen Felinski-Samples
to transfer ownership of the 2003 SOM Licensed Business with gas pumps from
Marilyn J. Felinski.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
I. Resolution to Allow Staff Approval of S1 Lots. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: In order to sell more City-owned lots, thus relieving the
burden of maintaining the large number of tax-reverted property that the City
has in its inventory, the City Commission approved the Dollar Lot Marketing Plan
in late 2003. In the policy, final approval of sales is given to the City Commission.
Staff approval of these lots would expedite the sale of these lots, as well as save
time and manpower in the process. In unusual circumstances, approval would
still be sought from City Commission.
FINANCIAL IMPACT: There would be a saving in staff time to process the sale of
$1 lots.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request to allow
the Planning Department staff authority to finalize the $1 lots sale, except in
exceptional cases.
J. Nine-Month Extension to Complete Construction of Home. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a nine-month extension to allow Mr. Lartice
Jones extra time to complete construction of a single-family home at 1292
Ducey Avenue. The original agreement between the City and Mr. Jones
stipulated that construction of the home was to be completed within 18 months.
The City has customarily granted extensions to persons who have shown that
they are dedicated to completing construction and contributing to the
beautification of the City's residential areas. Mr. Jones was recently laid off from
his job and needs time to find another one. Since his 18 months isn't up until
September, he feels that an additional nine months will allow him enough time
to secure a job and move forward with constructing his home.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the time extension, as
well as authorization for both the Mayor and the Clerk to sign the resolution and
deed.
K. Establishment of Historic District Commission (HDC) Study Committee.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To appoint a study committee to determine whether
the buildings located at 1208 and 1204 Eighth Street should be designated as a
historic district. This committee will perform the necessary research on the
Boilerworks property, as well as the adjacent "yellow building" for the purpose of
making a recommendation to the Michigan Historical Commission and State
Historic Preservation Review Board (SHPO) regarding the establishment of an
historic district.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution establishing a study
committee for the Boilerworks property. Staff also recommends appointing
Lonna Anguilm as staff to the study committee.
COMMITTEE RECOMMENDATION: Historic District Commission (HDC)
recommends the creation of the study committee, as well as the appointment
of the following persons to the study committee: Daniel Chambers, Annette
Medema, and Jon Colburn.
L. Sale of Non-Buildable Lot at 1660 Seventh Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable (Parcel
#24-205-440-0004-00) at 1660 Seventh Street to Theresa Strother, 1640 Seventh
Street, Muskegon, Ml. Approval of this sale will allow the owner to have a home
located on a buildable lot and also to expand her current yard. This parcel is a
portion of a larger lot composed of 3 combined lots and will be offered to Ms.
Strother for $1 under the Dollar Lot Marketing Plan.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls, thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution and deed.
M. Sale of Non-Buildable Lot at 1858 S. Getty Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-215-001-0009-00) at 1858 S. Getty Street to Rebecca Stout, owner of
1852 S. Getty Street and Lucille Homan, 1862 S. Getty Street, Muskegon, Ml
49442. Approval of this sale will allow both property owners to own houses
located on a buildable lot, as well as allowing both to expand their current
yards. As is required by City policy, the subject parcel is being offered for $1 to
each property owner, and will be split between Ms. Stout and Ms. Homan under
the Dollar Lot Policy.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Jo approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution and deed.
N. Sale of Buildable Vacant Lot at 812 Murphy Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 812
Murphy Street (Parcel #24-205-200-0006-00) to Neighborhood Investment
Corporation (NIC) of 1115 Third Street, Muskegon, Ml. The lot is 140 x 66ft. and is
being offered to NIC for $3,000. The lot will be combined with other private and
City properties as part of the Farmer's Market Area Housing Development. The
True Cash Value (TCV) for the property listed in the Assessor's office is $4,000, so
our price is set at $3,000 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot, as well as two others, for construction of
several new homes will generate additional tax revenue for the City and will
place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
0. Sale of Buildable Vacant Lot at 243 E. Walton Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot a 243 E.
Walton Avenue (Parcel #24-205-200-0001-00) to Neighborhood Investment
Corporation (NIC), of 1115 Third Street, Muskegon, Ml. The lot is 297 x 141 ft. and
is being offered to NIC for $6,000. The lot will be combined with other private
and City properties as part of the Farmer's Market Area Housing Development.
The True Cash Value (TCV) for the property listed in the Assessor's office is $8,000,
so our price is set at $6,000 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot, as well as two others, for construction of
several new homes will generate additional tax revenue for the City and will
place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
P. Purchase of 867 Williams. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the property located at 867
Williams (City of Muskegon Revised Plat of 1903 Lot 15 Block 46) for the estate of
Cornor White for the price of $6,850. If the purchase is approved, the CNS Office
will solicit bids to totally rehabilitate the structure at 867 Williams and then market
the home to a qualified low/moderate-income family which will continue the
City aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: Funding for the purchase and rehabilitation will be
deducted from the City's 2002 HOME funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale.
Q. Approval of Contract for Next Phase of Operation: At Long Last - AKA
"Iona Home Sweet Home" 284 Iona. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve the contract with Top Notch Design 4740
Jensen, Fruitport for the amount of $108,000 dollars for the construction of the
new home at 284 Iona. The other contractors who submitted bids for this project
were:
Bantam Group 962 Stonewood, Spring Lake $115,691
Wasco Construction 210 E. Broadway, Muskegon $113,350
Success Enterprise 5263 Apple Ave., Muskegon $116,000
The Iona project is the next phase of infill construction on the "old Turnkey Three"
sites that were finally demolished by the City last summer.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: Funding will come from 2002 HOME funding.
STAFF RECOMMENDATION: To approve the contract with Top Notch Design for
the next At Long Last Project AKA Iona Home Sweet Home for $108,000.
COMMITTEE RECOMMENDATION: The LRC approved this project.
T. Upgrade of Garage Ventilation System. PUBLIC WORKS
SUMMARY OF REQUEST: We propose to upgrade the existing vehicle garage
ventilation system from continuous to on-demand operation. The newly installed
heaters do not require ventilation so the only need is to vent vehicle exhaust
fumes. Fume sensors would turn on ventilation as needed. The energy savings
payback is estimated to be a little over 1 year. The low bid of three taken is
$28,157 from East Muskegon Roofing.
FINANCIAL IMPACT: This expense would be covered by the Public Service
Building capital budget.
BUDGET ACTION REQUIRED: None needed.
STAFF RECOMMENDATION: Install the on-demand ventilation upgrade.
U. Set Public Hearing for Amendments to Brownfield Plan - Terrace Lots
Office Building. Northern Machine Tool. Art Works Apartments (Former
Boiler Works Building). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for
amendments to the Brownfield Plan, and notify taxing jurisdictions of the
Brownfield Plan Amendments, including the opportunity to express their views
and recommendations regarding the proposed amendments at the public
hearing. The amendments are for the inclusion of property owned by MSB II, LLC
for the Terrace Lots Office Building (former Westwood Building); Steve Olsen, for
Northern Machine Tool; and Boilerworks LLC for the Art Works Apartments
(former Boiler Works Building), in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the projects
in the Brownfield Plan, although the completion of the former Westwood
building, which will be used for commercial space, the addition of the building
to Northern Machine Tool for increased manufacturing and the redevelopment
of the Boiler Works Building into Artists Lofts and Galleries, will eventually add to
the tax base in Muskegon.
BUDGET ACTION REQUIRED: NONE.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority
approved the Brownfield Plan Amendment for Northern Machine Tool, Terrace
Lots Office Building and Art Works Apartments and recommend that the City
Commission set a public hearing on the Plan Amendments for July 13, 2004.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the Consent Agenda with the exception of items R, S, and V.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Davis
Nays: None
MOTION PASSES
2004-57 ITEMS REMOVED FROM THE CONSENT AGENDA:
R. Approval of Quit Claim for the Purchase of City-Owned House at 361
Oak. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the sale of the City-owned property at 361
Oak to Ms. Lisa Fox of 2147 7th St, a first-time homebuyer for the price of $111,000
with a subsidy of $26,000. The site at 361 Oak is the former site of an old Turnkey
3 home that was demolished last year during the Operation At Long Last AKA
Shangaliwa Celebration.
The demolition of the former structure, the construction and sale of the new
home is one more example of the City's aggressive efforts to revitalize our
neighborhoods by eliminating blight and promoting homeownership.
FINANCIAL IMPACT: The City will receive approximately $80,000 that will be
deposited in the HOME account.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale and direct the Mayor and City
Clerk to sign the Quit Claim.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the sale of City-owned property at 361 Oak to Ms. Lisa Fox.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Davis
Nays: None
MOTION PASSES
S. Approval of Quit Claim for the Purchase of City-Owned House at 351
Erickson. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the sale of 351 Erickson a totally
rehabilitated home under the Jackson Hill Urban Renewal project #2 (We Got It
Right This Time) for the amount of $82,500 to Mr. Alvin Singleton of 1186 Jefferson
a first-time homebuyer. The home was appraised at $96,000 with a subsidy of
$13,500. The Erickson project is another fine example of the City of Muskegon
continuous efforts to upgrade its existing housing stock and to revitalize its
neighborhoods.
FINANCIAL IMPACT: The City will receive approximately $78,000 in program
income that will be deposited in the HOME account.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the Mayor and
City Clerk to sign the Quit Claim.
COMMITTEE RECOMMENDATION: Project was approved by the LRC.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the sale of 351 Erickson to Mr. Alvin Singleton.
ROLL VOTE: Ayes: Spataro, Warmington, Davis, Larson
Nays: None
MOTION PASSES
V. Agreement for Engineering Services. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Douglas
V. Ericksen to provide assistant to the Engineering Department in the capacity of
a Civil Engineer. As you may recall, Mr. Ericksen worked for the City for over 30
years until retiring in 2002 as a Civil Engineer. This short-term contract, if
approved, is necessary to overcome the shortage in experienced staff needed
to provide construction engineering for the most part.
Furthermore, it is respectfully requested that staff be authorized to extend
and/or terminate said agreement to best serve the City.
FINANCIAL IMPACT: Approximately $8,000 based on an estimated 400-hours of
work.
BUDGET ACTION .REQUIRED: None.
STAFF RECOMMENDATION: To authorize staff to enter into an agreement with Mr.
Ericksen.
Motion by Vice Mayor Larson, second by Commissioner Davis to enter into an
agreement for engineering services with Douglas V. Ericksen.
ROLL VOTE: Ayes: Spataro, Warmington, Davis, Larson
Nays: None
MOTION PASSES
2004-58 UNFINISHED BUSINESS:
A. Rezoning Request for Property Located at 955 W. Laketon. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 955 W. Laketon,
from B-4, General Business to RT, Two Family Residential.
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 3/11 meeting and recommended that the City Commission ask
the ZBA to reconsider the hardship application for this property. The denial
request was approved with Commissioners S. Warmington, B. Smith, and T.
Michalske voting nay. T. Johnson was absent.
Motion by Vice Mayor Larson, second by Mayor Warmington to approve the
request to rezone the property located at 955 W. Laketon.
ROLL VOTE: Ayes: Warmington, Davis, Larson, Spataro
Nays: None
MOTION PASSES (REQUIRES A SECOND READING)
2004-59 NEW BUSINESS:
A. Rezoning Request for Property Located at 407 Marquette Avenue (SE
Corner of Marquette Ave. and Wood St.). PLANNING & ECONOMIC
DEVELOPMENT
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 8-1 , 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 6/10 meeting. Commissioners S. Warmington and B. Smith voted
against denial. Commissioner B. Mazade was absent.
Motion by Vice Mayor Larson, second by Commissioner Spataro to table this
item until staff can work out details.
ROLL VOTE: Ayes: Davis, Larson, Spataro, Warmington
Nays: None
MOTION PASSES
B. Consumer's Energy Fencing. LEISURE SERVICES
SUMMARY OF REQUEST: To award a contract to Outback Fencing to install a
fence between the bike trail and Consumers Energy along the Causeway.
FINANCIAL IMPACT: Cost of $24,960 to be split 50/50 with Consumers.
BUDGET ACTION REQUIRED: None, money to come from trail fund.
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Spataro, second by Vice Mayor Larson to award the
contract to Outback Fencing to install the fence.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Davis
Nays: None
MOTION PASSES
C. Intergovernmental Agreement: Muskegon Township: Harvey and
Stebbins Rd; Watermain. Sewer and Streets. PUBLIC WORKS
SUMMARY OF REQUEST: Request approval of an intergovernmental agreement
with Muskegon Township for the construction of watermain, streets and sanitary
sewer within Harvey Street (City of Muskegon) and Stebbins Road (Muskegon
Township). These utilities will accommodate the construction of the new High
Tech Center and Muskegon Township Water District improvements.
FINANCIAL IMPACT: To be financed from contributions from Muskegon Township
and the Muskegon Area Intermediate School District.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
agreement subject to approval by the Township.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Davis
Nays: None
MOTION PASSES
D. Consideration of Bids - Harvey St.-Stebbins. Marquette to Quarterline
ENGINEERING
SUMMARY OF REQUEST: Award to Jackson Merkey of Muskegon the contract (H-
1573) to construct-reconstruct Harvey & Stebbins from Marquette to Quarterline
along with a new water main and sanitary sewer for the TWP. Jackson Merkey
Contractor was the lowest responsible bidder with a bid price of $752,790.90.
Furthermore, it is respectfully requested that the award, if granted, be
contingent upon the execution of agreements between the City-TWP & City-
MAISD. Those agreements are necessary to defray the project cost, which are
expected no later than the end of June.
FINANCIAL IMPACT: Limited to the design cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractor.
Motion by Vice Mayor Larson, second by Commissioner Spataro to award the
contract to Jackson Merkey contingent upon approval by MAISD and the
Township.
ROLL VOTE: Ayes: Spataro, Warmington, Davis, Larson
Nays: None
MOTION PASSES
E. Intergovernmental Agreement: Muskegon Intermediate School District:
Harvey and Stebbins Rd: Watermain and Streets. PUBLIC WORKS
SUMMARY OF REQUEST: Request approval of an intergovernmental agreement
with MAISD for the construction of watermain and streets within Harvey Street
(City of Muskegon) and Stebbins Road (Muskegon Township). These utilities will
accommodate the construction of the new High Tech Center and Muskegon
Township Water Districts improvements.
FINANCIAL IMPACT: To be financed from contributions from Muskegon Township
and the Muskegon Area Intermediate School District.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Davis, second by Vice Mayor Larson to approve the
agreement contingent upon approval of attorneys.
ROLL VOTE: Ayes: Spataro, Warmington, Davis, Larson
Nays: None
MOTION PASSES
F. Request to Establish a Pay Range-Police Records Supervisor. PUBLIC
SAFETY
SUMMARY OF REQUEST: Police Department staff request that the Commission
consider our request for an increase in the pay grade for the Police Records
Supervisor position. As a result of organizational changes within the department,
the position of Administrative Aide was eliminated and has been replaced with
that of Police Records Supervisor. The new job description has been approved
by the Civil Service Commission. The requested pay-grade change is as follows:
Administrative Aide: $27,538 - $36,720
Police Records Supervisor: $33,698 - $44,933
FINANCIAL IMPACT: As a result of salary savings from open positions, funds are
available for this pay grade change.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
request to establish a pay range for the Police Records Supervisor.
ROLL VOTE: Ayes: Warmington, Davis, Larson, Spataro
Nays: None
MOTION PASSES
The meeting was adjourned at 6:35 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Nickelback Concert at the
Muskegon Summer Celebration
SUMMARY OF REQUEST: Stage & Effects Engineering is requesting
approval of a fireworks display permit for June 25th for the Nickelback
Concert at the Muskegon Summer Celebration. Fire Marshall Metcalf
will inspect the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
FM• 32( tl• 88)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act 358, P.A. 1968
1, TYP5 OF DISPUY, ~ Pi,,bllc Ol&play 0 Agrfcuhural Pest Control
AODFIESS
NUMBER OF DliPLAVS
NAME& DF ASSISTANT&:
4. NDN.RESIDENT APPLICANT
NAME AOOAESS
A.ODAliSS TELEPHbNE NUMlll:h
S. EXACT LOCATION OF PROPOSED DISPU.Y
MANNER & Pl.AC! OF stOflAGI! PRIOR TO DJ.SPLAV
D-0-T I \)t--\ \='jl,..~,\J(;,' I' P
i vb 1J<;t to Ap oval gf \.oc11:1I F Ire Autharltle:t
A, AMOUNT OF eor,,10 OR INSuAANCE
7. FINANCIAL RESPONSIBILITY ........ bv m'";,tp•H<vi $ a \JII LL\ 0 t.J
2004-56(b)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: (X) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUEDTO: Stage & Effects Engineering
NAME Steven Joseph (Nickelback Concert Event)
ADDRESS
4851 River Rd, Jefferson, LA AGE 40
REPRESENTING
NAlvlE OF ORGANIZATION, GROUP, FIR.",! OR CORPORATION
Summer Celebration - Nickelback Concert Event
ADDRESS
587 w. Western Avenue, Muskegon, MI 49440
NUMBER & TYPES OF FIREWORKS:
1.4G Close Proximity Pyrotechnics & Propane Flame Effects
D!SPLAY:
EXACT LOCATION
Heritage Landing
CITY, VILLAGE, TOWNSHIP DATE TIME
City of Muskegon_ 6-25-04 8:30 p.m.
BOND OR INSURANCE FILED: (Ji) YES ( ) NO AMOUNT $2,000,000.
ISS{IED BY
Issued by action of the t!,CTJSKEGON CITY COMMISSION
(cou.nc:d, commiuion. boatd)
of the CJTY of Ml/SK EGON
(IW!le o( c:iry, vill11c. IQW!llhi )
I ' .,
on the _ _2_2_n_d____ day of -.,~···:sJeau,.n:.::e:..,,e,__;2::.0:::...::.0-'v~
·-----
rmington, Mayor
(i,911rure & po1iuon of ~neil. o;.Qmmiuion or bcud repremutivc}
24932 Ave Kearny Suite #1,Valencia CA 91355
Office (661) 702-1367 Fax (661) 702-1368
To: L\Nt)f\ From:
Fax: (X3\- ~Jll-ll rt½ Pages:
Dab!:
CC:
-- ----- ---- ·--·- -- mrl'9ent· --- - □-Forllevfew . - -- ·-· Oi>leaseComment .. .. . --□PleaseR.ejity·--- -· ·-c:i'i>leaselle·cvae- -· . -
•Comments:
The information contained in this facsimile message is privileged and confidential and Is intended only for the use of the
addressee. If the reader of this message is not the person responsible for the delivery to the addressee, you are hereby
notified that any dissemination, distribution or copying of the message Is strictly prohibited. If you have received this message
in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S.
Postal service, Thank You ·
10 39'vd S183~~3 GN'v 38'v1S 89Etl 0Lt99 SE :c::; t P00G/80 /90
FM- 32( l2• OS)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act 358, P.A. 1968
1. TYPE OF lllSrl.AY, 0 Agrfet.1ltural Pe»t Contf&{
A00i=il!SS
NUMAl;A oi: I/EARS
'
NAMES Df AS9UffANYl!h
A00AiSS
A00AliS9 TELEl'HbNI! NUMB!!R
5. EkAC'I' LOCATION OF PROPOSID DISPUV
TIME
' \
i:::::e.-\o "\ Pl-I ON~11'££
MANNER & Pl.AO! Of STQIIAIII! PRIOR TO DlSPLA'\'
D.O-T. /1)~ \>J>.. •'1-lG.'1' P
A, AMOUNT QF 90N0 OR \Ni!luAANCI!
7, Fltl"NCIAL RESPONSIBILITY 110 be '!let bv m1,mli;:lpt1lity) s a t--\1LL10N
B. 60NOING COI\POA.ATION Of I NSUMNCE COMPANY1 I\IAME
~-flbN lW..\l~ Bl<.D S l,.
'C!.... ,.."-,,... _,_._ •-- , __._,___ , ___ ,
1:0 39\ld S183~~3 GN\I 39\11S 89E1c0L ,gg BE'GT P00c/80/90
STEVEN R. JOSEPH
4951 River Rd.
Jefferson, La. 70121
Phm,e: (504) 818-2179
Email: steveipyro@aol.com
WORK EXPERIENCE
1999 to Present: Production manager and lead pyro shooter for
the multi-platinum Texas band, Pantera. Since 1994 I have worked on
and off with the band in various aspects. In 1999 through 2000 I did
several tours with different jobs from assistant tour manager to
production manager here in the United States, Europe, Mexico and Japan.
In 2001 became the bands lead shooter for propane flame effects and
stage pyrotechnics. I began serving my apprenticeship with JEM F/X Co,
in Commerce, CA, and was later hired by the company for future touring
needs for Pantera and other artists.
1998 to Present: Started my apprenticeship with Precision
Pyrotechnics. I began designing, setting up and shooting outdoor
shows, then indoor events. In June of 2000 received my Louisiana State
Blasters License and continue to work for the company to date.
1997 to Present: Tour manager and United States manager for the
English band Napalm Death. I have done multiple US and European tours
with them, and handle their American management responsibilities.
1993 to 1997: Tour manager then became manager for the
Pavement/BMG recording act crowbar. I handled all touring needs, then
handled all bu·siness affairs as their personal manager until 1997 when
their label option was not picked up. I still do consulting work for
them now and then.
1990 to 1993: Tour manager and assistant band manager for the
MCA/IRS recording act Lillian Axe. I handled all their touring needs,
then in 1992 was asked by their management company, Timeless Music
(from Boston), to be a partner in personally managing the band. In
1993 the group stopped touring,
1984 to 1990: Played drums and managed the New Orleans based
band Razor White. Besides playing in the group I handled all business
affairs from bookings, sound production, travel arrangements, road
crew, payroll, accounting, merchandising, promotions and designing the
bands pyrotechnic stage show, The group disbanded in 1990 while Philip
Anselmo went on to join the multi-platinum Texas band, Pantera. Philip
and myself are currently business partners in New Orleans.
E0 39\/d S183jj3 GN\/ 39\/1S 89£1WLT99 8E:i1 P00l/80/90
S'l'EVEN R. JOSEPQ
4951 Rive:r: 1'\d.
Jeffe~son, La. 10121
Phone: (504) 818·217'1
Email: stevejpyrc@acl.com
ADl)ITIONAL 'l'OtJRING l!lXPERIENCE
1993 TO Present: Organizer, Director of Operations and partner
in the annual New Orleans Haunted Ho~se, The House of Shock. Since its
conception in 1993 in a small backyard, it has grown to be the biggest
and most intense haunted attraction in the south, with some 30,000
visitors in 15 days out of the month of October.
1998: Bus driver, Assistant tour and merchandising manager on
the US tour for Megaforce Recording Artist Anthrax.
1997: The Hoard Tour. Bus driver for the Grammy award winner
Paula Cole.
1996: Hollywood Records Artist Cool Bone. Bus driver and Band
assistant~
1995: East West/ Electra Artist Down. US tour manager.
1990 to Present: Atlantic Artist Zebra. Tour manager for spot
shows around the southern us.
PO 391/d S183jj3 QN\/ 391/1S 89£TZ0L 199
DEPARTMENT OF THE TREASURY· BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
LICENSE/PERMIT (18 U.S.C. CHAPTER 40, EXPLOSIVES)
In accordence w!lh the provisions ol Title XI, Organized Crime Control Act ol 1970, and the regulallons issued thereunder {27
CFR Part 55}, you may engage In the activity specified in this license/permil within the limitations ot Chapter 40, Title 18, United
states Code and the regUlatlons Issued thereunder, unm the e:xplrauon date shown. See "WAANINGN and "NOTICES'' on beck,
5-LA-051-33-6M-00157
OIFIE¢1'ATF CHIEF, NATlONJ;i;{·
COAAESPONOENCE ATF .,f:¢5''.'.'.
TO 2600 CENT .
Atlanta, G
1YPEOF
LICENSE OR
PERMIT
CHIEF,No\TIO~l
LICENSING CENTER
The llcensee/permlttee
license/permit to assist transferor of explosiveS'i~
and status ot lhe licensee/permittee as provided In
The signalure on each reproduction mus! be an ORIGINAL
ATF F 5400.14/5400.15, !'art 1 (8189)
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DRAYTON INSURANCE BROKERS, INC.
2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067
BJRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220
TELEPHONE: (205) 854-5806 FAX, (205) 854-5899
CERTIFICATE OF INSURANCE NO. 493036
We certify that insurance as outlined below is afforded the Named Insured under policy CA000003209-14 issued by Admiral Insurance
Company.
NAMED INSURED Stage & Effects Engineering, Inc.
24932 Avenue Kearny, Suite#l
Valencia, California 91355
PERIOD March 1, 2004 to February 28, 2005; Both days inclusive.
COVERAGE Fireworks Display Contractors Liability, Covering the legal liability of the Named Insured for Bodily
Injury and/or Property Damage caused by or arising from the preparation for, the firing of, or the clearance
following fireworks display(s), FIRED BY THE NAMED INSURED OR THE NAMED INSURED'$ EMPLOYEES.
LIMIT OF $2,000,000 each occurrence.
LIABILITY $3,000,000 aggregate.
The addition of more 1han one insured does not serve to increase the above stated limit of liability.
RESTRICTION THIS POLICY APPLIES ONLY TO DISPLAYS WHICH COMPRISE SOLELY CLASS "C" FIREWORKS
(EXPLOSIVES CLASSIFICATION 1.4), PYROTECHNICS SPECIAL EFFECTS (inc1uding indoor
pyrotechnics), & PROPANE & OPEN FLAME EFFECTS. EXCLUDING THE USE OF CLASS "B"
FIREWORKS (EXPLOSIVES CLASSIFICATION l.3).
It is certified that the following SPONSORS AND/OR PROPERTYOWNERS AND/OR UCENSING AUTHORITIES arc included as
Additional Insured(s), but only in respect of the legal liability of such Additional Insured(s) for Bodily Injury or Property Damage
sustained during the Period stated above and caused directly by the operations of the Named Insured in connection with the firing of the
fireworks display(s) stated below BY THE NAMED INSURED OR THE NAMED INSURED'$ EMPLOYEES. The insurance afforded
any Additional Insured does not include coverage for any injury or damage arising from the failure of such Additional Insured to fulfill its
obligations specified in its contract wilh the Named Insured.
NAME & ADDRESS OF ADDITIONAL INSURED SPONSORS
PROPERTY OWNERS, LICENSORS
City of Muskegon
933 Terrace Street
Muskegon, MI 49440
Herit11ge Park Landing; Michigan; County of Muskegon, Michigan; Muskegon Summer Celebration.; M:M:CS, Inc. d/b/a Meridian
Entertainment Group; Heritage Park Landing
DISPLAY LOCAT!ON
Heritage Park Landing - 587 West Western Avenue, Muskegon, MI 49440
Nickelback U.S. Tour 2004
DISPLAY DATE(S) CONTRACT PRICE $
06/25/2004
This insurance applies automatically if the described display is fired on any alternative date because of cance11ation on the date shown due
to weather or other cause; however, [N NO EVENT WlLL COVERAGE APPLY AFTER February 28. 2005.
This certificate is not an insurance policy and does not in any way amend, extend or alter the coverage afforded by the policy listed
above. For particulars concerning the terms, exclusions and conditions of such policy each Additional Insured is referred to the policy
documents in the possession of the Named Insured. Should the above described policy be cancelled before the expiration date thereof, the
issuing company will mail 30 days' prior written notice to the above named Additional Insured.
DRAYTON INSURANCE BROKERS, INC.
06/08/2004
DATE OF ISSUE A.J. STRINGER, PRE$ ENT
CALIFORNIA LICENSE NO. 0AI 8664
L0 39\/d S103~~3 ON\/ 39\/1S 89ETWL199
MPASSOCIATES PRODUCT LIST (PER SHOW)
NICKELBACK TOUR 2004 - U.S.A.
QTY PRODUCT DESCRIPTION
16 HELICOPTER HIT
4 MORTAR HIT TYPE [I] W/ NOISE
20 SMALL POPCORN
16 A/B SUPER FLASH CONCUSSION MIX
16 l· 15 IGNITERS W/ 36" LEAD
30 KA 15 X 25FTWATERFALL
6 18" ELECTRIC BLACK TRAYS
6 FLASH DISCS - PURPLE & SILVER
16 TYPE [·A MINE - GOLD GLITTER
8 TYPE l·A MINE- SILVER
8 TYPE l·A MINE - WHITE
8 TYPE l·A MINE - VARIEGATED
8 TYPE l·A MINE - STROBE
8 TYPE I-A MINE - CRACKLE
4 TYPE I-A MINE - RED, BLUE & SILVER
4 TYPE l·A MINE - RED STROBE
4 TYPE l·A MINE - BLUE STROBE
4 TYPE l·A MINE - PURPLE CHARTRUSE
16 KA 20 X 20FT GERB - SILVER
30 KA ½X 25FTGERB -SILVER
4 1 0-SHOT LASER COMET PLATE Low SMOKE 20FT - GOLD
* ALL PRODUCT TO BE LOW SMOKE ITEMS
80 38\ld
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MP Associates Product Sizes
Nickelback Tour 2004 - U.S.A.
Device
Confidential Approximate !Approximate Approximate
Burn Time Height
Helicop_ter Hit NIA ]0-15ft 5-10 ft 10-15ft NIA 10-15ft
(f)
r- Mortar Hit Type III Series NIA 10ft +/-2ft 5 ft+/- 2 ft NIA NIA NIA
u 11 ft+/- 1
w Small Pop_com NIA NIA NIA NIA NIA
LL
LL
w AIB Super fast flash concussion mix NIA NIA NIA NIA NIA NIA
a I-15 Igniters w/ 36" lead NIA NIA NIA NIA NIA NIA
~ 15 sec NIA NIA NIA 25 ft
w KA 15 x 25ft Waterfall
7 ft. 4 ft. NIA NIA NIA
~
(f)
18" Flash Tray 2 Sec.
10-15ft/ 2
Flash Disc NIA NIA 3ft deep NIA NIA 15-20 ft+/- 5
Type IA Mine Series NIA 25 - 35 ft 5 - 10 ft NIA NIA NIA
KA-XT 20 x 20ft Gerbs - silver 20 sec 20 ft+/- 5 ft NIA NIA NIA NIA
KA 1/2 x 25ft Gerbs - silver 112 sec 25 ft+/- 5 ft NIA NIA NIA NIA
10 Shot Laser Comet Plate 20ft - gold NIA NIA 20 +I- 5 ft NIA NIA NIA
This document contains copyrighted and confidential trade secret information belonging exclusively to MPA, Inc., unauthorized disclosure, dissemination or duplicaton
ro
U) may result in liability under applicable laws
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makes no representations as to its accuracy or sufficiency. Conditions of use are beyond MPA 's control and therefore users are responsilbe to verify this data under their
own operating conditions to determine whether the product is suitable for their particular purposes and they assume all risks of their use, handling, and disposal of the
ro product, or from the publication or use of, or reliance upon, information conatined herein. This information relates only to the product designated herein, and does not
"'N relate to its use in combination with any other material or in any other manner.
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SPECIAL. El'F'EQTS &
PY'ROT£0HNlCS
';!;4';:t:;\Z AV..-;N.Uf\'.: Kt>:...._fl!t>IY filUFflii: #1
VALENCIA, CA 9 l 355
(661) 702-l::119 OFTl,CE
tae 1 ~ 702.~0Q.t1a f'A:i<:
The following shall further define flame effects equipment rental and engineering services provided by
J.E.M, FIX Inc, to Nickelback Tour 2004- U.S.A .. This equipment has been designed & engineered for
safe and reliable use on-stage and in close proximity to performers or audience, Similar portable effects of
this size and larger have been provided by our firm to the indust1y for several years and have successfully
been trooped worldwide, These flame effects have always performed, operated safely and without incident.
All aspects for flame effects mounting and operation on-stage have been reviewed during the design phase
of this project and their descriptions provided below:
Equipment Description.
There are a total of eleven individual flame effects that are to operate onstage during the performance. Each
flame burner shall have one electronic ignition source and an individual LP rated gas solenoid valve fed by
a hose and electrical control umbilical cable. Operation of the flame system relies on the effects technician
to enable the "arm switch" that is assigned to the channel or channels in which are chosen for operation.
The effects technician shall wait for ignition confirmation from the Honeywell Flame Safeguard controller
and then can fire the effect with the pickle or electrical dead man buttons. If the effects technician chooses
to disable or abort the flame effect operation at any time he may do so by depressing the &Stop button
(located on the main control panel, described below). This &-Stop button is a main power cut-off for the
entire flame control system and there is NO by pass to the system so any over ride of the system is
prohibited.
The following shall better describe each of the individual effects and there specifications:
M (8) Jet cube burners will be positioned and fired individually on the stage. Each burner will be placed
20' from the front of the stage, which is another 5' from the audience. The flame heads are capable of
generating columns of flame one to twenty feet in height by one foot in diameter or flame balls two to
five foot in diameter and rising up fifteen feet in height (Depending on clearance to personal
combustibles). The effects technician can control variations between the two different looks by
depressing the fire enable button for longer or shorter length in time.
as (3) Seven Foot Line Burners will be positioned on the front of the stage. One on each side facing the
audience (please see plot plan). Each line burner will be controlled by the pyrotechnician. The flame
height is adjustable from four to six feet and will be set based on the safety factors as judged by the
authority having jurisdiction and the pyrotechnic crew chief. The maximum burn time will be ten
seconds and will also be controlled by the pyrotechinician based on the safety factors. The burners will
be set a minimum of twenty feet from the audience .
.r,;S (3) Portable gas storage accumulators, each with (4) gas rated solenoids, for distributing gas feed to all
remotely mounted flame cubes. The accumulators shall need (2) 201b LP gas bottles each (supplied by
others) for filling of propane vapor. System gas pressure for filling of accumulators shall be controlled
by use of LP rated solenoids interlocked with UL listed gas pressure switch.
g (1) Main electronic control box for operator interface to all devices in flame system.
01 38\/d S183jj3 ON\/ 39\11S 89EE0L 199 8E!Z1 P00Z/80/90
J .E .M. FIX Inc ..
SPEiC/Al fif'FfiCTS &
PYROTl:CHNICS
24932 Avenue KQaroy Suite #1
Va!eo □ ia, CA 9:13~5
{661) 702-1319 Office
{661) 702-0908 Fax
z Rental package includes at least (400) feet of gas/ electrical umbilical feeds at twenty-five feet each
length. Each umbilical h"s one electronic circuit for the ignition transformer, one circuit for gas
solenoid, one circuit for flame sensor and one¾» diameter LP gas rated hose capable of withstanding
3000psi of pressure. Each hose end has quick disconnect fitting with seal-tight seats for quick removal
of effect boxes, without gas leakage or purging necessary.
kS (8) Flame safe-guard controllers for ignition system validation.
Flame Effects Technician and Operation:
J.E.M. FIX Inc. has trained and approved all technicians for operation and maintenance of all flame effects
equipment provided by us for the production. The flame technician shall be responsible for overseeing the
installation in each venue and setting the final flame effects height or duration. The flame technician sha11
be responsible for setting the final flame effects height or duration. He also has the unquestioned authority
to not use the flames at any time if he or the Authority Having Jurisdiction determines it is unsafe to do so.
The Crew Chief will also assist him.
During installation of flame effects equipment in any venue and before all shows, The Technician shall take
responsibility for leak checking of all components and status check of all electrical devices.
All flame effects equipment and designs provided by J.E.M. FIX Inc. comply with NFPA 160 (Standards
For Flame Effects Before an Audience, 1998 Edition) Group III. All of the equipment and components
have been tested and cycled at our facility to ensure maximum reliability and performance prior to delivery.
Final placement or clearance issues shall have to be addressed by effects operator and Authority Having
Jurisdiction on-site from venue to venue however. Oui· office has a 24-hour technical support telephone
forwarding system, should any further questions or concerns arise. This support also extends to specific
inquiries from Authority Having Jurisdiction or Local Promoters, If you have any questions or concerns, I
can always be reached at our office or by mobile phone at anytime (213) 276--9358.
Report Prepared By:
Elia P. Popov
CEO/ J.E.M. F/X Inc.
TT 39\/d S103jj3 GN\/ 39\/1S 89E1G0L199
City of Muskegon
City Clerk's Office
Gail A. Kundinger, MMC
P.O. Box 536
933 Terrace Street
Muskegon, Michigan 49443
Phone: (231) 724-6705
Fax: (231) 724-4178
FAX COVER SHEET
From: !, 'n ifq
Fax: Pages (including cover) ;z
Phone:
RE: CC:
D Urgent □ For Review D Please Comment □ Please Reply D Please Recycle
-/",1e_ (}f/'m/ 'f .buf- 1
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(!_ ,'fr- ~ o />1 />1 /n . ~--1 /Jker/7- l]Cf/J )J1
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Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Annual Carriage License Renewal -
Muskegon Carriage Co.
SUMMARY OF REQUEST: To approve the request to license two (2)
carriages for operation in the City of Muskegon for the 2004-2005
licensing year. Sgt. Shirey has inspected the carriages and approves
this request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
APPLICATictl FOR TAXICAB OPERATOR
in the
CITY OF MUSKEGON, MICHIGAN
Name o:f Company (d,b,a.) t:'\v•215a,.,0 CJ::-1§;1[',,-,-. (~,
Address o:f O:f:fice £)",? w. Li.AY ~ / 1.H\'l'fO
I I
Name & Residence o:f ) :.$:'.i;.;;?.;.;&.rii:::·llss.:::S:;;:;:.11!:€..:B~&~l:!i.::=~,K~\1-________ Age Y: 6
each person interested ) ___________________ Age_ __
in or connected with the )
above, individual, firm or)
corporation, ) ------------------ Age _ __
__________________ Age_ __
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __
Present Business o:f each person
connected with the above application,
Give experience o:f applicant in taxicab
business in this City or elsewhere.
Number of cabs applicant proposes to use_ _ ~....,=.;1---------------
Are there any unpaid or unbonded judgments
of .ecord against the applicant _ _ _ _ _ _ __,:0;::,,:~0::___ _ _ _- _ _ _ _ _ _ _ __
Have any of the persons connected with the above as individual, firm or
corporation been charged with or convicted of any crime or misdemeanor,
if so, state date and Court. _ _ _ _ _ -11~•~r:~'-------------------
Name 0£ insurance company with which
applicant is insured and amount of coverage, C.Al"illL :::S::\:6
Name o:f local agent or representative, __·~_,_==~1,._l';:\;=il~·=:t;,.,._____________
Is the above applicant the sole owner of all the automobiles
proposed to be used? ________·-«..:.o~~·..J.._____________________
State liens, mortgages or other encumbrances including conditional sales
contracts on such taxicabs. _ _ _ _ _,,,~oi.JE:==~-·-------------------
Attached hereto is a list of the automobiles with name of make, body-style,
year, serial and engine number 1 state license plate number, seating
capacity, weight of car which is considered a part of this application,
The applicant's annual financial and profit and loss statements covering
his operations during the last preceding fiscal year shall be attached to
this application.
Signature ½fr#S7uk½
Subscribed and sworn to before me a Notary Public in and for Muskegon
County, Michigan, this /Orli day of Ju n ,, ' ~ .2ao r
My commission expires
7-,;).~-06 . Notary Public
Application Approved
Chief of Police
Potter, Linda
From: Shirey, Monica
Sent: Saturday, May 01, 2004 5:03 PM
To: Potter, Linda
Cc: Kundinger, Gail
Subject: horse carriage inspections
Good morning Linda,
I inspected both of the horse carriages on Friday 4-30-04. They both passed inspection.
Have a nice day
Monica
;ill,st C!Iousl C!Iurriug, C!Io. 9-91700
C✓/ I{ f 720
557 W. C{ar AfusWJon, Mi 49440
DATE
0
PAY
6~6~~ OF>dl'l1 0~ $ 50~
B_~k_~~~:>:==:::::~....., a ; ; , _ ~ - - - - - - - - - - - - - D O L L A R S 6'J
'National City.
National City Bank of Michigan/Illinois
Kalamazoo, Michigan
FOR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
. ~ ~ - -
, 11•0000l."l2111• 1:0 'I 2000"l l, 51: 1,0 3801, 5 l S"lll'
~
~~AE."nm'fi:·~~~~!"®#W•·_:_ _____~ ; __ .. .. · ::~o.-,,.: i _ _ · ·
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
GFB,LLC
1920 Lakeshore
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from George F. Bailey, to transfer
ownership of the 2003 Class C-SDM Licensed Business with Dance
Permit from Jimmy R. Benson; and to transfer location from 2805 Sixth
Street, Muskegon Heights.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent upon final
inspection.
J\lflrmatlveJ\ctlon
724-()70~
Assessor
724-6708
C.cmctcry
72Hi783
West Michigan's Shoreline City
Civil Service
72+G711i
June 9, 2004
Clerk
724-6705
To: City Commission through the City Manager
l~nginccring
724 6707
.
From: L .I ~
ony L. Kleibecker, Director of Public Safety
Finance
724 67 13
Re: Liquor License Request - 1920 Lakeshore Drive
Transfer of 2003 Class C-SDM License
Fire Dept.
7246792
The Muskegon Police Department has received a request from the Michigan
C. N. Services Liquor Control Commission for an investigation of applicant George F. Bailey,
724-6717
representing GFB, LLC of 1920 Lakeshore Drive, Muskegon Ml 49441.
Inspections
Mr. Bailey requests to transfer ownership of 2003 Class C-SDM licensed
724-6715 business with dance permit from Jimmy R. Benson, and to transfer location
(governmental unit) from 2805 Sixth Street in Muskegon Heights. Mr. Bailey's
initial request was for a transfer to 1937 Lakeshore Drive, the old Harbor
Leisure Service
724-(;704 Theater, but the request has been changed to 1920 Lakeshore Drive, the
property of Great Lakes Marina. There is also a request for outdoor service.
Mr. Bailey plans to open a "tiki hut"-style bar at the docking site of the cross-
~lnnngc,•'s Office
724-6724
lake ferry. He has no prior experience in the alcohol-serving industry but has
been made aware of the Muskegon Police Department position on enforcing
local alcohol laws and ordinances.
~lnyo,•'s Of!icc
7246701
A check of Muskegon Police Department records and criminal history showed
no reason to deny this request.
l1lanning/Zoning
72,J[i702
Police Dept. ALK/dl
724-6750
Puhlic Wo,·ks
726-4786
'l'reas111·e1·
724-6720
Waler Dept. City of Muskegon, I' 0. 13ox 536, 980 Jel'l'erson Street, Muskegon, Michigan 49443-0536
724-6718
Req ID # 238248
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2004-56(d)
Ata Regular meeting of the -----'C=-1=-
· t-=-y.,__..::::C..::::o..:.:.m:..:.:m.:..::i~:s:...:s"'"'i"-'o=n,_,___ __ _ __
(Regular or SpL"cial) (Towm.hip Board, Ci1y or Villagt' Council)
on P.M.
called to order by Mayor Warmington
-- - - - - - - - - at
June 22, 2004 5: 30
The following resolution was offered:
Moved by Commissioner Spataro and supported by Commissioner Davis
That the request from GFB, LLC TO TRANSFER OWNERSHIP OF 2003 CLASS C LICENSED BUSINESS
WITH DANCE PERMIT, LOCATED AT 2805 SIXTH, MUSKEGON HEIGHTS, Ml 49444, MUSKEGON COUNTY,
FROM JIMMY R. BENSON; AND TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436 .1531(1) TO 1920
LAKESHORE, MUSKEGON, Ml 49441, MUSKEGON COUNTY.
beconsideredfor _ Approval pending final
__,:....:...__ _ _~ - - - - - - " ' -(Ap
-- pr-o
v-al-
o ,""'oi,- ap-
inspection.
pro-va-1)- - " - - - - - ' - -- -- - - - - - - -
APPROVAL DISAPPROVAL
Yeas : 4 Yeas: - - - - - - - - - - -
- -- - - - - - - --
Nays: 0 Nays: _ _ _ __ __ _ _ __
Absent: - -3 - - - - - -- - Absent:
- - - -- - - - --
It is the consensus of this legislative body that the application be:
Recommended
_ _ __ __ _ __ ___:_:__c__:_:_;_:_...:..c...._ _ _ _ _ _ _ _ _ __ __ _ _ __ for issuance
(Rt:commc:ndt!'d or no! Rt:t:ommc:ndt"d)
State of Michigan _ ____ )
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _ _C_i_t...::.y_ C_o_m
_m_1
_· s_s_i_o_n_ _ __ _ at a - ----=R~e::.;g2...u=-=-
l =-a=-r_ _ _ _ _ __
(Township Board, Cit}' or Village Council) (Regular or Special)
meeting held on 6-22-04
(Dai<)
SEAL (Signed)-t=.~~=----;~ ="-..L~ ~= ~:::::-=:
(Township. Ci1y al Viii
Gail A . K undinger, City
933 Terrace, Mus~egon, MI 49 440
(Mailing addrc:ss or Township, Cit}' of Village)
AffirmatiYe Action
(231 )724-6703
FAX (231 )722-1214
Assessor
(231 )724-6708
FAX (231)726-5 I 81
Cemetery
(231)724-6783
FAX (231)726-5617
Wat Michipn'o Shoreline City
City Manager www.•horellnecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231 )724-4405
July 2, 2004
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services Liquor Control Commission
(231)724-6717
FAX (231)726-2501 7150 Harris
Engineering
PO Box 30005
(231)724-6707 Lansing, MI 48909-7505
FAX (231)727-6904
Finance REF: #238248
(231)724-6713
FAX (231)724-6768 GFB,LLC
1920 Lakeshore
Fire Department
(231 )724-6792 Muskegon,MI 49441
FAX (231 )724-6985
Income Tax To Whom HMay Concern:
(231)724-6770
FAX (231)724-6768
Enclosed is the Resolution, fotm LC-1800, and the Local Law Enforcement
Info. Technology
(231 )724-4126 Agency Report for GFB, LLC that was recommended for approval at the June 22,
FAX (231)722-4301 2004, City Commission Meeting.
Inspection Services
(231)724-6715 Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX (231)728-4371
Leisure Services Sincerely,
(231)724-6704
FAX (231)724-1196
Mayor's Office
(231)724-6701
FAX (231)722-1214
Linda Potter
Planning/Zoning Deputy Clerk
(231)724-6702
FAX (231)724-6790
Enc.
Pol ice 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} )724-4106 _______ ~ .. ___ ., Tiir>. n ___ ~,c ,..,.. ___ ,.--~- ~ A0.4.4'1 nc'll:..
Michigan D· 'srtment of Consumer & Industry Services
MICHi, LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON L ,OR LICENSE REQUEST
7150 Harris Drive
Req ID# 238248 (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)
GFB, LLC, 1937 LAKESHORE, MUSKEGON, Ml 49441, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2003 CLASS C-SDM LICENSED BUSINESS WITH
DANCE PERMIT FROM JIMMY R. BENSON; AND TRANSFER LOCATION (GOVERNMENTAL UNIT)
(MCL 436.1531(1) FROM 2805 SIXTH, MUSKEGON HEIGHTS, Ml 49444, MUSKEGON COUNTY.
A-IJ11:'7Jl)l:;1? rt, r. Jc..L"" ·· -· .;),JrOOff! -<,"hRVit.t-
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
GEORGE F. BAILEY - MEMBER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1920 LAKESHORE DRIVE
MUSKEGON, Ml 49441
1
H(231 )780-2340/B/231 '7:~ :~· · t'-
DATEOFBIRTH: /O·J·'i/}' DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Dues 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 finqerorinted: Date finaernrinted:
Attach the fingerorint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: □ Felony O Misdemeanor ARREST RECORD: 0 Felony □ Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
D No ;Ill
Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
D No JM. Yes, explain relationship: Gas pumps for boats located
Are gas pumps on the premises or directly adjacent?
on the marina proper; applicant estimates distance to be 800' away from alcohol serving
locat' n
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? ll!il 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? CH'. Yes D No
2. Is the proposed location satisfactory for this business? ~ Yes D No
3. Should the Commission grant this request? El Yes D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
Signare {.Sheriff or Chief of Police) Date
MUSKEGON HEIGHTS POLICE DEPARTMENT
LC-1800 Rev. 07/02
STATE OF MICHIGAN
"PARTMENT OF CONSUMER & INDUSTRY SERV'
LIQUOR CONTROL COMMISSION
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)
GFB, LLC 759-8230
APPLICANT/LICENSEE PHONE NUMBER
1920 Lakeshore Dr. Muskegon Muskegon 49441
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers. YES Jli( NO D N/A D
2. Describe the type of entertainment applicant/licensee will provide: N/A D
3. Will this entertainment include topless activity? YES D NO D NIA ~
DANCE PERMIT YES Pf NO D N/A D
ENTERTAINMENT PERMIT YES D NO D NIA @
TOPLESS ACTIVITY PERMIT YES D NO D NIA (i(]'
05-20-04
DATE SUBMITTED K:ES SIGNATURE
Muskegon Police (231) 724-6750
DEPARTMENT NAME PHONE NUMBER
980 Jefferson St. Muskegon
ADDRESS CITY
LC-593N REV 5/98
4880-0652
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 05-20-04
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Depm1ment has received a request from the Michigan Liquor
Control Commission for an investigation from applicant George F. Bailey, representing
GFB, LLC. of 1920 Lakeshore Drive, Muskegon, MI. 49441.
Mr. Bailey is requesting to transfer ownership of 2003 Class C-SDM licensed business
with Dance permit from Jimmy R. Benson; and transfer location (governmental unit)
from 2805 Sixth St., Muskegon Heights, MI. 49444. Mr. Bailey's initial request was for
transfer to 193 7 Lakeshore Dr, the old Harbor Theater but this request is to 1920
Lakeshore Dr, the property of Great Lakes Marina. Mr. Bailey plans to open a Tiki Hut
style bar at the docking site of the cross lake ferry boat. Mr. Bailey has had no
experience in the alcohol service industry but has been made aware of the Muskegon
Police Departments position on enforcing local alcohol laws and ordinances.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
<)-"L=' -
Det. Kurt Dykman
data/common/liquor/Bailey
I
LIQUOR LICENSE REVIEW FORl'1
G?/3, ,! !, C
Business ~ame: - - -- --7,;.__---M=--::=--...:::::..- -- -- - - - -
AK.A Business Name (if applicable): _ __ __ _ __ _ _ _ __
Operator/Manager's Name:
Business Address: /9c20
Reason for Review: ;fe, /vr
0 ~e0f/"JZ /-o
~sc.rv w,
/17
f-rqr1slt", //cens e J-.
New License O Transfer of Ownership tZJ D
Dance Permit
Drop/Add Name on License □ Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ __ __ _ __ _ _ __ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ __ __ _ _ __
Police Department Approved ~enied 0 No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature /}= L. . l ~ c. - 9-c.>Y
Gail A. Kundinger, City Clerk
T • ...-, - - - _,;_ _ • __
LIQUOR LICENSE REVlE\V FORl\1
E /3 LL C
Bnsiness :·fame: ---~-L--=:......,--L--l;...:._::..:::.-_
{; _ _ _ _ _ _ __
AK.A Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Re2son for Review:
/r<Jm ;7/us%. ;/y.s.
New License D Transfer of. Ownership 1RJ D
Dance Permit
Drop/Add Name on License □· 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:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature (&= L , i'~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
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: 238248
Date: March 16, 2004
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: GFB, LLC
Home Address And Phone No:
GEORGE F. BAILEY, 192_0 LAKESHORE DRIVE, MUSKEGON, Ml 49441 H(231 )780-2340/6(231 )780-3722
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517)-322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 9/17
4880-1234
Reg ID # 238248
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
At a ---~~~~~______ meeting of t h e - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ - - - -
<Regular or Special) (Township Board, City or Village Council)
called to order by - - - - - - - - - - - on - - - - - - - - - - at - - - - - P.M.
The following resolution was offered:
Moved by _ _ _ _ _ _ _ _ _ _ _ _ and supported by _ _ _ _ _ _ _ _ _ _ _ _ __
That the request from GFB, LLC TO TRANSFER OWNERSHIP OF 2003 CLASS C LICENSED BUSINESS
WITH DANCE PERMIT, LOCATED AT 2805 SIXTH, MUSKEGON HEIGHTS, Ml 49444, MUSKEGON COUNTY,
FROM JIMMY R. BENSON; AND TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 1937
LAKESHORE, MUSKEGON, Ml 49441, MUSKEGON COUNTY.
be considered for - - - - - - - - - - - - - - - , ( A ~ p p - m ~ n , ~ o , ~ D ~ i s a p - p m - , ~ , , , - - - - - - - - - - - - - - - -
APPROVAL DISAPPROVAL
Yeas: - - - - - - - - - - - Yeas: -----------
Nays: ----------- Nays: -----------
Absent: Absent: - - - - - - - - - -
----------
It is the consensus of this legislative body that the application be:
for issuance
-----------(=R,-rn-mm-eo~,,~,o-rn-o<~R,-w-mm-eo~d,d~)--------------
State of Michigan _ _ _ _ _)
§
County of _ _ _ _ _ _ _ _)
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the - - - = -<Township
- - - - - , ~ ~ ~ ~ ~ - - - - c , - - - - - at a - - - - - ~ ~ ~ ~ - - - - -
Board, City or Village Council) (Regular or Special)
meeting held on - - - ~ ~ - -
coaieJ
SEAL (Signed)_ _ _ _ _ _~~~~---occ-cc
{Township, City of Village Clc1k)
(Mailing address of Township, City o.f Village)
Michi 8dn 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: March 16, 2004
CHIEF OF POLICE REF#: 238248
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
GFB, LLC REQUESTS TO TRANSFER OWNERSHIP OF 2003 CLASS C-SDM LICENSED BUSINESS
WITH DANCE PERMIT, LOCATED AT 2805 SIXTH, MUSKEGON HEIGHTS, Ml 49444, MUSKEGON
COUNTY, FROM JIMMY R. BENSON; AND TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL
436.1531 (1) TO 1937 LAKES HORE, MUSKEGON, Ml 49441, MUSKEGON COUNTY. ,,/-it1
t1ur.Jt'/:J
·µ, ~cLviOb- 0l1riJo1)( !;Jc~"Ri/1 ct-
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.
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, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
GREAT LAKES MARINA AND-S
- TO
_RA
_ ~:L-L-C - - · -- -- w ~ - - - -F-IFT
_ H_T-HI-RD
_B_A-NK
_ _ _ _ _ _ __ _ _ S_5_i - ---
22
-1
1920 LAKESHORE DRIVE
MUSKEGON, Ml 49441
MUSKEGON, Ml 49445
74-51724
l
(231) 759-8230 5/ 12/2004
'.ii ci~brn ci~E City of Muskegon
-'/
• Two Hundred Fifty and 00/ 100*****************************************
:~;
- - - - -- -- - - - - - -- - - - - -- - ---------cr'-----1-----+---r--- - DOLLARS 6?J ~·
f City of Muskegon
.>
~-✓
'''.,- GFBLLC
MEMO _ _ _ _ _ _ _ __ _ _ _ _ _ _ __
11•0 2 28 5 ~11• ,: □ ? 2 L.000 5 21: DODO 28
GREAt.LAKES. M6RINA AND STORAGE LLC 22851
City ot Muskegon 5/ 12/2004
Date Type Reference Original Amt. Balance Due Discount Payment
05/ 12/ 200 Bill GFB LLC 250.00 250.00 250.00
Check Amount 250.00
'.tc/..\kf.:.:~Y.)H(lOO(l(l(lO(i
YOUR Rf:lllf-'1 250.00
GFB LLC
1J~HMI< YOl1
CAL'~
1 AGArn ... '" ,-. '
:·((flKf.1 lH(l()t~M¥:~X
LIQUOR,I rii:·o u ·
01-J
1iU'I C 1
Cl-\E:CK
---- 250-00
fJ3: :1'/P\\06-l.0-2004
7r1 ;1-:i
JI 't J
11\{DA
-
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 l 105(2)(d))
Req ID: 238248
Date: March 16, 2004
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: GFB, LLC
Home Address And Phone No:
GEORGE F. BAILEY, 1920 LAKESHORE DRIVE, MUSKEGON, Ml 49441 H(231)780-2340/B(231)780-3722
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC- 1305 REV 9/17
4880-1234
Req ID # 238248
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
At a ______________ meeting of t h e - - - - ~ ~ - ~ ~ ~ ~ ~ - - - -
<Regular or Special) {Township Board, City or Village Council)
called to order by ___________ on __________ at _ _ _ __ P.M.
The following resolution was offered:
Moved by _ _ _ _ _ _ _ _ _ _ _ _ and supported by _ _ _ _ _ _ _ _ _ _ _ _ __
That the request from GFB, LLC TO TRANSFER OWNERSHIP OF 2003 CLASS C LICENSED BUSINESS
WITH DANCE PERMIT, LOCATED AT 2805 SIXTH, MUSKEGON HEIGHTS, Ml 49444, MUSKEGON COUNTY,
FROM JIMMY R. BENSON; AND TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 1920
LAKESHORE, MUSKEGON, Ml 49441, MUSKEGON COUNTY.
be considered for ----------(A~pp-m~,.,~o,~D~isa-pp,-,,~,I)_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
APPROVAL DISAPPROVAL
Yeas: - - - - - - - - - - - Yeas: -----------
Nays: _ _ _ _ _ _ _ _ _ __ Nays: _ _ _ _ _ _ _ _ _ __
Absent: - - - - - - - - - - Absent: - - - - - - - - - -
It is the consensus of this legislative body that the application be:
- - - - - - - - - - - ( R , - c o - m m - e o ~ d , ~ d,-rn-m~R,-rn-mm-eo~d,~d)_ _ _ _ _ _ _ _ _ _ _ _ __
for issuance
State of Michigan - - - - -)
§
County of _ _ _ _ _ _ _ _)
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by t h e - -<Township
~~ ~ ~ ~ ~ - - - - - - at a - - - - - ~
Board, City or Village Council)
~~~------
(Regular or Special)
meeting held on - - - ~ ( D ~ , , ~ , ) - -
SEAL (Signed)_ _ _ _ _ _~~~=cc----=-cc
(Township, Cily of Village Clerk)
(Mailing address of Township, City of Village)
.I
LIQUOR LICENSE REVIE\V FOR1'1
Business :fame: - - G?/3, i !, C
----,.t----""':::::,__::::;__-=.._ _ _ _ _ _ __
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Reason for Review: ;fe /'d-
0in~e.sf/l)Z f-o
e..scro w.
f-rqnslt',
.
/;cu? s e
·
J-
New License D Transfer of Ownership ~ Dance Permit D
Drop/Add Name on License D D
Transfer Location
Drop/Add Stock.bolder 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 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Department Signature._ ~_:__ _~ ,.1__ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger,
.,,. .
City
...... - -
Clerk
__... __
_ ,..];
LIQUOR LICENSE REVIEW FOR1"1
G,?/3, J !, C
Business 7'fame: - - -- --7.;...-----:::;.__::=:;._-=----------
AK.A Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address: / 7;?.0
ReasonforReview: ffeg~esh'l}Z fo -t-rq/1slt'r //c..en.se ~;;1vr
/17 e..sc.ro w.
New License D Transfer of Ownership tZJ D
Dance Permit
Drop/Add Name on License □ Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __
Deadline for receipt of all information: _ _ _ _ _ _ _ _ __
Police Department Approved 0 Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved [i" Owing D Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Gail A. Kundinger,
. . . . City
,..., - -
Clerk
__ ... __
__ _,.,:
LIQUOR LICENSE REVJE\V FORl'1
Business :fame: - G?/3, Jj C
- ----7~---M~~-=----------
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Reason for Review: ;fe,
01n~e.sf/~ fo
e..sc.ro w .
rrqr1~II', / / ceru e J--/<f /-
·
New License D Transfer of Ownership C8} Dance Permit D
Drop/Add Name on License □ 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 □
Clerk's Approved N Owing D Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
.,, • """' - - . • ..1; _ _ .. __
LIQUOR LICENSE REVIE\V FORlvI
G?/3, Jj C
Business :fame: ------7./-------~=-...;:::::.._ __ _ __ _ __
AKA Business Name (if applicable): _ __ _ _ _ __ _ _ _ _ _
Operator/Manager's Name:
Business Address:
ReasonforReview: !fe;~esf '1},Z1 fo rrqasll', //c.er1.se rf-jlv/-
1/1 e_sc.rv w. ·
New License D Transfer of Ownership ~ Dance Permit D
Drop/Add Name on License □ D
Transfer Location
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 D Owing D Amount: - - - -
Treasurer Approved D Owing D Amount: _ __ _
Zoning Approved D Denied D Pending ZBA D
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection
Services
Compliance 6- R emaining Defects _ _ _ __
~ S:e' <-d~,, rJ l"=yr-t,·,~ Cc./h.C'" ~
&.-lcl/-CJ i.s t'lCl(,t :f.c.l (e._ 61- -:;Tu.Yu:;:;/,..,__;
Gail A. Kundinger, City Clerk
... . ,... . - .. -l.!--•- -
LIQUOR LICENSE REVIEW FORL'1
G?/3,
Business ~ame: ------7~--.Jo~;;;,_-=--- l !, C -------
AKA Business Name (if applicable): _ _ __ _ _ __ _ _ _ __
Operator/Manager's Name:
Business Address:
ReasonforReview: ffeJ~eJf/7 TO f-rqr1slt", /;°cense d--/VT
In e...scro w. ·
New License D Transfer of Ownership t:z} Dance Permit D
Drop/Add Name on License D D
Transfer Location
Drop/Add Stockholder Name D New Entert~inment Permit D
Otbf.!r _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __
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 0 Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defeds }J a bu; jJLJ
Services
IAJva\v c.cD c..± U\~ L-;ry-.c .
/\Jo -r-S~ ct C ·
Department Signatur~ Jjj~ ,
Gail A. Kundinger, City Clerk
... . ,., - - __....J.!--•- -
Affinnalive Action
(231)724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)721,-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
w...t Michipn'• Shoreline City
City Manager www.shorelln•city.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716 June 17, 2004
FAX (231)724-4405
Clerk
(231 )724-6105
FAX (231 )724-4 I 78
Mr. George Bailey
Comm. & Neigh.
Services 1920 Lakeshore Drive
(231)724-6717 Muskegon, MI 49441
FAX (231)726-2501
Engineering Dear Mr. Bailey:
(231)724-6707
FAX (23 I)727-6904
Finance
This letter is to inform you that your request to transfer ownership of the 2003
(231)724-6713 Class C-SDM License with dance permit will be presented to the City
FAX (231)724-6768
Commission on June 22, 2004. This meeting begins at 5:30 p.m. and is located in
Fire Department the City Commission Chambers, 933 Terrace, Muskegon, MI.
(231)724-6792
FAX (231)724-6985
This request has also been sent to the Lakeside Neighborhood Association for
Income Tax
(231)724-6770 their comments. It is Commission practice to let the Neighborhood Association
FAX (231)724-6768 know of any liquor license requests that are located within their boundaries. This
Info. Technology allows for comments from the people who live there and not just from the owners
(231)724-4126
FAX (231 )722-430 I of the business' who are located there.
Inspection Services
(231)724-6715 Sincerely,
FAX (231)728-4371
Leisure Services
(231 )724-6704
FAX (231)724-1196
Linda Potter
Mayor's Office
(231 )724-6701 Deputy Clerk
FAX (231)722-1214
Planning/Zoning
(231)724-6702
FAX (231)724-6790
Police Department
(23 I )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
(23 I )724-6 718
FAX (231)724-6768
Water Filtration
(23 I )724-4 I 06
J: A){ (J1, I \7-..C.-'-')On rih, nf Mndu,pnn_ 933 Terrace Street. P.O. Box 536. Muske2on. Ml 49443-0536
Affirma1i\·e Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)124-6783
FAX (23 I)726-56 I 7
w..t Miehipn'1 Shordine City
City Manager June 17, 2004 www.shor•lln ■ city.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231 )724-4405
Ms. Eloise Hieftje, President
Clerk Lakeside Neighborhood Association
(231 )724-6705
FAX (231)724-4178 1960 Cutler
Muskegon,MI 49441
Comm. & Neigh.
Services
(231)724-6717 Dear Eloise:
FAX (231)726-2501
Engineering We have received three letters from the Liquor Control Commission reference the
(231)724-6707
FAX (231)727-6904 following requests:
Finance 1. George F. Bailey, to transfer ownership of the 2003 Class C-SDM
(231)724-6713 licensed business with dance permit from Jimmy R. Benson and to transfer
FAX (231)724-6768
location from 2805 Sixth Street, Muskegon Hts. to 1920 Lakeshore.
Fire Department 2. Gary & Laureen Samples, to transfer ownership of the 2003 SDM licensed
(231)724-6792
FAX (231)724-6985 business with gas pumps from Marilyn J. Felinski, 1930 Lakeshore Drive.
Income Tax
3. Randhir & Shomatee Billing, to transfer ownership of the 2003 SDD &
(231)724-6770 SDM licensed business from Karamsar Corporation, 2390 W. Sherman.
FAX (231)724-6768
A Class C license permits the sale of beer, wine, or liquor for consumption on the
Info. Technology licensed premises. A SDM license permits the sale of beer and wine for
(231 )724-4126
FAX (231 )722-430 I consumption off the premises only. A SDD license permits the sale of alcoholic
liquor, other than beer and wine, for consumption off the premises only. On
Inspection Services
(231)724-6715 Tuesday, June 22, 2004, the City Commission will review this request and
FAX (231)728-4371 determine whether or not it should be recommended for approval.
Leisun: Services
(231)724-6704 You are being sent this notice because the City Commission would like to know
FAX (231)724-1196
how the Neighborhood Association feels and would appreciate any comments that
Mayor's Office
(231)724-6701 they may have. You may send these comments to 933 Terrace, Muskegon, MI
FAX (231)722-1214 49440 or attend the City Commission Meeting on June 22, 2004, at 5:30 p.m. in
Planning/Zoning the Commission Chambers.
(231)724-6702
FAX (231)724-6790
If you have any questions, please feel free to contact me at 724-6705.
Pol ice Department
(231)724-6750
FAX (231)722-5140 Sincerely,
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer Linda Potter
(231)724-6720
FAX (231)724-6768 Deputy Clerk
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtralion
(231)724--410£,
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Opportunity, LLC
978 Pine Street
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Opportunity, LLC to transfer
interest in the 2003 Class C-SDM Licensed Business with Dance-
Entertainment Permit by adding Ann Marie Mahan-McAllister as a new
member through transfer of 40% interest from existing member, Malachi
F. Williams.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Affirmative Acllon
724-6703
Assessor
724 6708
Cemetery
724-6783
April 27, 2004
West Michigan's Shoreline City
Civil Service
724-6716
Clerk
To: City Commission through the City Manager
nHnm
From: ~ (_ - L~
Anthony L. Kleibecker, Director of Public Safety
E11gl11eerl11g
724·1l707
Re: Liquor License Request (Transfer) - 978 Pine Street
Finance
724-6713
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of applicant Opportunity, LLC and Ann
Mrc llepl. Marie Mahan-McAllister. Opportunity, LLC is requesting a transfer of interest in
724-6792
2003 Class C-SDM Licensed Business with Dance-Entertainment Permit by adding
Ms. McAllister as a new member through transfer of 40% interest from existing
C. N. Services member, Malachi F. Williams.
724·H7 17
The listed location is that of Dreamers at 978 Pine Street. This establishment has
l11speclio11s
been in existence as Dreamers since early 2003. There have been periodic
724·G71~ complaints of assaults and allegations of over-capacity crowds in the bar throughout
2003, but only one complaint showing the address of 978 Pine Street in 2004. The
2004 complaint is unrelated to bar activities.
I .cisurc Ser vice
724-6704
A check of Muskegon Police Department records and a criminal history check show
no reason to deny this transfer of interest request.
Manager's Ofricc
72Hi72'1
Mayor'sOfficc ALK/dl
72H HUI
Pla1111i11g/Zo11i11g
724·G702
Police Dept
72,16750
Public Wm·ks
721H7U6
Treasurer
724-6720
ll'nler llepL Cily or Muskegon, l'.0 . Box ;-i:Hl, HBO.Jefferson Slrecl , Muskegon, Michigan 49443-0536
72,J-6718
Michigan Department of Consumer & Industry Services
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: March 15, 2004
CHIEF OF POLICE REF#: 240599
980 JEFFERSON STREE, PO BOX 536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
OPPORTUNITY, L.L.C. REQUESTS TO TRANSFER INTEREST IN 2003 CLASS C-SDM LICENSED
BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 978 PINE, MUSKEGON, Ml
49442, MUSKEGON COUNTY, BY ADDING ANN MAHAN-MC ALLISTER AS NEW MEMBER
THROUGH TRANSFER OF 40% INTEREST FROM EXISTING MEMBER, MALACHI F. WILLIAMS.
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.
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, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 4-26-04
Re: Transfer oflnterest at 978 Pine St., Muskegon, MI. 49442
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Opportunity, L.L.C. for transfer
oflnterest in 2003 Class C-SDM Licensed business with Dance-Entertainment Permit by
adding Ann Marie Mahan-McAllister as new member through transfer of 40% interest
from existing member, Malachi F. Williams.
The listed location is that of Dreamers located at 978 Pine Street. This establishment has
been in existence as Dreamers since early 2003. There have been periodic complaints of
assaults and allegations of overcapacity crowds in the bar throughout 2003 but there has
been only one complaint showing the address of 978 Pine Street in 2004; this 2004
complaint is umelated to bar activities.
A search of MPD records as well as Criminal History Check show no reason to deny this
request for Transfer oflnterest.
Respectfully submitted,
Det. Kurt Dykman
data/common/liquor/McAllister
Affinnative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.shorellneclty.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(23 I)724-6716
FAX (231)724-4405
Clerk
(231)724-6705 July 2, 2004
FAX (231)724-4178
Comm._ & Neigh,
Services
(231)724-6717
FAX (231)726-2501 Liquor Control Commission
Engineering 7150 Harris
(231)724-6707 PO Box 30005
FAX (231)727-6904
Lansing, MI 48909-7505
Finance
(231 )724-6713
FAX (231)724-6768 REF: #240599
Fire Department Opportunity, L.L.C.
(231)724-6792 978 Pine
FAX (231)724-6985
Muskegon, MI 49442
Income Tax
(231 )724-6770
FAX (231)724-6768 To Whom It May Concern:
Info. Technology
(231)724-4126 Enclosed is the Resolution, form LC-1800, print card and check for Opportunity,
FAX (231)722-4301
L.L.C. that was recommended for approval at the June 22, 2004, City
Inspection Services Commission Meeting.
(231)724-6715
FAX (231)728-4371
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Leisure Services
(231 )724-6704
FAX (231)724-1196
Sincerely,
Mayor's Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning
(231)724-6702 Linda Potter
FAX (231)724-6790 Deputy Clerk
Police Department
(231)724-6750
FAX (231)722-5140
Enc.
Public Works
(23 I)724-4 l00
FAX (231)722-4188
Treasurer
(23 I)724,6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4 !06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES Re q Id#240599
LIQUOR CONTROL COMMISSION
RESOLUTION
2004-56(e)
At a ___R_e.....:g=---u_l_a_r________ _ meeting of the __c_i_t..:.y--,;:C,-o_m-,-:--:m,-i__,s,..,s:::-1_·o---:-:,:n,----=----:,,------
cR,gu1ar or Special) (Township Board, Ci1y or Village Council)
called to order by Mayor Warmington on June 22, 2004 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Spataro _and supported by Commissioner Davis
Thattherequestfrom Opportunity, L.L.c., 978 Pine, Muskegon, MI 49442,
Muskegon County to transfer interest in 2003 Class C-SDM Licensed
Business with Dance-Entertainment Permit by adding An n Mahan-McAllister
as new member through transfer of 40% interest from existing member,
Malachi F . Williams
be considered for Approval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 4 Yeas:
------------ - -----------
Nays: ___o______ _ _ Nays:
------------
Absent: 3 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
-------------:-;
(R:-cc-
om_m_cn..,-
ded-c-o-r n-
o,-=-R«- -o-m-me---,
nd:-:,
d:-) - - - - - -- - -- - - - - -
State of Michigan _____)
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Commission at a Regular
- - - ----"' -(R-,
- g-ula-ro-
, S
- p,-
ci-al)_ _ __ __ _
(Township Board, City or Village Council)
6-22-0 4
meeting held on - - -- -- (Date)
-
SEAL (Signed)....b::r::::::::::::.~ ~ ~~~:::::;:~~
(Township, City of V i a e Clerk)
Gail A. Kundinge r, City Cl e k
933 Terrace, Muske g on, MI 4944 0
(Mailing address of To wrtship, City of V illage)
Michigan Department of Consumer & Industry Services
POLICE INSPECTION REPORT ON LIQUOR LICENSE REQUEST MICHIGAN LIQUOR CONTROL COMMISSION
Req ID# 240'>99 (Authorized by MCL 436.1217)
7150 Harris Drive ;<:.<.
P.O. Box 30005 </-2z.• oy
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)
OPPORTUNITY, L.L.C., 978 PINE, MUSKEGON, Ml 49442, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER INTEREST IN 2003 CLASS C-SDM LICENSED BUSINESS WITH DANCE-
ENTERTAINMENT PERMIT BY ADDING ANN MAHAN-MC ALLISTER AS NEW MEMBER THROUGH
TRANSFER OF 40% INTEREST FROM EXISTING MEMBER, MALACHI F. WILLIAMS.
f Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
ANN MAHAN-MC ALLISTER - MEMBER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
2236 OAK AVENUE
MUSKEGON, Ml 49442
H/231 )773-5856/B/231 )773-9200
DATE OF BIRTH: S - 2. 3 · _,.;5,' DATE OF BIRTH:
If the spplicant 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?
D Yes D No □ Yes □ No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finaernrinted: Date finnernrinted:
Attach the fingernrint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: □ Felony □ Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space ls needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
D No D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? □ 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? ]"j Yes D No
2. Is the proposed location satisfactory for this business? Yes 1:1 D No
3. Should the Commission grant this request? 19. Yes □ No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
Signre-(819efiff or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
'.(•" , ·. ~
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. D Agent
■ Print your name and address on the reverse
X D Addressee
so that we can return the card to you. B. Received by {Printed Nar11e) ) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address differerJI: from item 1? D Yes
1. Article Addressed to:
If YES, enter cfEl1ivery a - s below: D No
?,fwr t~t,,.ol _
;I (I I" ,"I.;,
to 3. Service Type
Ii]" Certified Mail
,,J
D Express Mail
0 Registered D Return Receipt for Merchandise
D Insured Mai! 0 C.0.D.
4. Restricted Delivery? (Extra Fee) D Yes
2. Article Number 7000 J 7'17 73 7/
(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt 102595-02•M-1035
•
Postage $
---------1
Certilied Fee
.::t' (Enleturn Receipt Fee
r, 0
rsement Required)
CJ Restricted De!ive
CJ (Endorsement R ry _Fee
equ1red)
CJ Total Postage & Fees $
r!:! /7l'eciii,~7'iaiiie7,~~~=!
- ,
Ci
ffeci"pient's N
a,ne (Please p ·7 ---
·-······- rm Clearly) (To b e ~ - - -
CJ Street, AP"i-;;··:··········----...
0
np/efed by mailer)
CJ ' ' or PO Box No~--·-···-···- ......
CJ ...........
t'-
'Ill
LIQUOR LICENSE REVIE\V FORL'1
Bnsiness :fame: {)p;?o r fun 1 '-f y,
C7 J
ii c
AK~ Business Name (if applicalble): _ __ _ _ __ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Reason for Review:
New License D Transfer of. Ownership D Dance Permit D
Drop/Add Name on License D D
Transfer Location
Drop/Add Stockholder Name ·~ New Entert~inment Permit D
Other _ _-,t..d~'rL..J..l'd}_-+d./.J./L.LlQ.J--LLaL..:lq..!....L/2=.;al7~-L-'..,,.1/J.~c~//.....t..../.!.....:./1....:::
'0:..L...f..l-ec'----
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 0
Owing □
□
Clerk's Approved Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Department Signature_ ~_--~- -_ _..::,.
~--'----- - - -- - -- - -
Gail A. Kundinger, City Clerk
Liquor License Coordinator
{,,--/ - o Y
LIQUOR LICENSE REVIEW FORl'1
Business :fame: Op/a r fu l'JJ ('ft,
7/
!.I- c
AK.<\ Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business AddJl"ess:
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License □· O
Transfer Location
Drop/Add Stockholder Name ·~ New Entert~inment Permit D
0ther ____JI-M,Ji..l.,,l'J_-.J.µ.
· 11-L2n
- ' - -L.L.&'-"1a..!..L.h,:::l..;a11~ · .,;..../.,//:...L,/.:.....;,/1-==
--J.J./JJ..L.:.c
...... ·s~t..1.-e'-c---
Deadline for receipt of all information: _ _ _ __ _ _ _ __
Police Department Approved D Denied D No Action NeededO
Income Tax Approved D Owing D Amount:
Treasurer Approved ~Owing □ Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature~ A
----+--"-'
:~=_.i..
~=- --1-
0
2
f'~~
-~o/_ _ _ _ _ _ _ _ _
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORLvI
B11siness :fame: Opt?o
I
r fu 1'11 '-ft,
C7 ;
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Addl!"ess:
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License □ Transfer Location D
Drop/Add Stockholder Name ·~ New Entert~inment Permit D
Other _ _-..d"-J.<!Ji..wl~--J/.I-J-11-L-2n.,___LL-//4L..:1.a...:...J../2"""""u11'-'---LLIJ1.~c""--"--'. /././.:. . .;.1
/--=·_s'-'-f..._ec'-----
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 □ Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
LiQuor License Coordinator
LIQUOR LICENSE REVIEW FORlvI
Business :fame: Opfo r fu n1 '-fy, t:77
AKA. Business Name (if applicalble): _ _ _ _ _ _ _ _ _ _ _ __
Operator/lYianager' s Name:
Business Address:
Reason for Review:
New License D Transfer of Ownership D DDance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name · ~ New Entertainment Permit D
Other ____,dt-J,,1.'1..U:'dl~_J.d_µ.lu..70L--L.L.at..-"La.!..L.h::::...,Ol1~-~./JJ.~c..,__;__,!//....L../.!.....:./1-==
·s~t..i.....
·e c ~ - -
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 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance JA1 Remaining Defects
Services
Department Signature ~~ ·
Gail A. Kundinger, City Clerk
Li uor ." e e Coo dinator
LIQUOR LICENSE REVIEW FORJ."1
Business :fame: 'f y,
~ a r fun 1 C7 j
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business Address:
Reason for Review:
New License D Transfer of Ownership D Dance PermitD
Drop/Add Name on License D· Transfer Location O
Drop/Add Stockholder Name . .t,(' New Entertainment Permit D
. Other JJJ kn llla/2oh - I/le /I /// .stec
Deadline for receipt of all information: __________
Police Department Approved D Denied 0 No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing 0 Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance )2Sl Remaining Defects
Services
Gail A. Kundinger, City Clerk
Liauor License Coordinator
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
Weot Mh:hipn'1 Shoreline City
City Manager www.•horelln•city.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716 June 17, 2004
FAX (231)724-4405
Clerk
(231)724-6705
FAX (231)724-4178
Ms. Ann Marie Mahan-McAllister
Comm. & Neigh.
Services 2236 Oak Avenue
(231)724-6717 Muskegon,MI 49442
FAX (231)726-2501
Engineering Dear Ms. Mahan-McAllister:
(231)724-6707
FAX (231)727-6904
Finance
This letter is to inform you that your request to transfer interest in the 2003 Class
(231)724-6713 C-SDM License with dance entertainment permit will be presented to the City
FAX (231)724-6768
Commission on June 22, 2004. This meeting begins at 5:30 p.m. and is located in
Fire Department the City Commission Chambers, 933 Terrace, Muskegon, MI.
(231)724-6792
FAX (231 )724-6985
This request has also been sent to the Angell Neighborhood Association for their
Income Tax
(231)724-6770 comments. It is Commission practice to let the Neighborhood Association know
FAX (231)724-6768 of any liquor license requests that are located within their boundaries. This allows
Info. Technology for comments from the people who live there and not just from the owners of the
(231 )724-4126
FAX (231)722-4301
business' who are located there.
Inspection Services
(231)724-6715 Sincerely,
FAX (231)728-4371
Leisure Services
(231)724-6704
FAX (231)724-cl 196
Linda Potter
Mayor's Office Deputy Clerk
(231)724-6701
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 )724-6 720
FAX (231)724-6768
Water Billing
(231 )724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
rAY n1.1v,.::;.::;_.::;-,oo ritv nf Mu,keonn. 933 T•rrace Street. P.O. Box 536, Muskeeon, Ml 49443-0536
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
Wat Michipn'1 Shoreline City
City Manager www.ahorellnecity.com
(231 )724-6724
FAX (231)722-1214
Civil Service June 17, 2004
(231)724-6716
FAX (231 )724-4405
Clerk
(231)724-6705
FAX (231)724-4178
Ms. Norma De Young, President
Comm. & Neigh. Angell Neighborhood Association
Services
(23 I )724-6717 511 E. Isabella
FAX (231)726-2501 Muskegon, MI 49442
Engineering
(231)724-6707 Dear Ms. De Young:
FAX (231)727-6904
Finance We have received a letter from the Liquor Control Commission reference a
(231 )724-67 I3
FAX (231)724-6768 request from Opportunity, LLC, located at 978 Pine Street, to transfer interest in
Fire Department
the 2003 Class C-SDM licensed business with dance-entertainment permit by
(231)724-6792 adding Ann Mahan-McAllister as a new member through transfer of 40% interest
FAX (231 )724-6985
from existing member, Malachi F. Williams. On Tuesday, June 22, 2004, the
Income Tax City Commission _will review this request and determine whether or not it should
(231 )724-6770
FAX (231)724-6768 be recommended for approval.
Info. Technology
(23 I )724-4126 You are being sent this notice because the City Commission would like to know
FAX (231)722-4301 . how the Neighborhood Association feels and would appreciate any comments that
Inspection Services they may have. You may send these comments to 933 Terrace, Muskegon, MI
(231)724-671 S 49440 or attend the City Commission Meeting on June 22, 2004, at 5:30 p.m. in
FAX (231)728-4371
the Commission Chambers.
Leisure Services
(231 )724-6704
FAX (231)724-1196 If you have any questions, please feel free to contact me at 724-6705.
Mayor's Office
(231)724-6701 Sincerely,
FAX (231)722-1214
Planning/Zoning
(231)724-6702
FAX (231 )724-6790
Pol ice Dcpartmenl
Linda Potter
(231)724-67 so Deputy Clerk
FAX (231)722-5140
Public Works
(231)724-4100
FAX (23 I )722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(23 I )724-6 718
FAX (231)724-6768
Waler Filtration
(231 )724-41 Oft
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
RND Entertainment, Inc.
1635 Beidler
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Diana and Robert Schweifler to
transfer ownership of the 2004 Class C Licensed Business with dance
permit from Star 4, Inc., DBA Westside Inn, and request a new
entertainment permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Afflrmallve Acllun
724·G703
Assessor
724-G70B
Ccmctc1·y
724·G783
West Michigan's Shoreline (..'ity
Civil Service
724·G7 11i
June 8, 2004
Clc1·k
724-6705
To: City Commission through the City Manager
En~inccring
72,J-G707
From: L. . l ~
Antho y L. Kleibecker, Director of Public Safety
Finance
724-ti7l3
Re: Liquor License Request - 1635 Beidler (Westside Inn)
Transfer of 2004 Class C-SDM License & New Entertainment
l' irc Dept.. Permit
724-6792
C. N. Services The Muskegon Police Department has received a request from the Michigan
7:14-6717
Liquor Control Commission for an investigation of applicant RND Entertainment
Inc. located at 1635 Beidler Street in Muskegon. RND is comprised of Robert
lns1iect.ions
and Diana Schweifler of 3200 Sandy Cove Court, Muskegon Ml 49441 .
724·G7 l5
RND Entertainment Inc. requests to transfer ownership of 2004 Class C-SDM
licensed business with dance permit located at 1635 Beidler in Muskegon from
I,eisure Service
724-6704 Star 4 Inc. There is also a request for a new Entertainment Permit. The
applicants have no prior experience in the alcohol-serving industry, but they
have been made aware of the Muskegon Police Department position on
~lanagcr's Office
724-Gn,1 enforcing local alcohol laws and ordinances.
A check of Muskegon Police Department records and criminal history showed
Mayor's Office
724·B701
no reason to deny this request.
Pla1111l11g/ Zo11i11g
7246702
ALK/dl
Police Dept..
72+G750
Public Works
7:1G-471!ti
Trcas11rcr
724-6720
WnlcrDcpL City or Muskegon, P.O. Rox 536, 980 Jef'l'erson SLreet, Muskegon, Michigan 4944 ~H)536
724-G71U
Req ID# 240418
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES r;?;fJA l, /z/6'-/
LIQUOR CONTROL COMMISSION
RESOLUTION
2004-56(f)
At a __R_e~g_u_l_a_r_ _ _ _ _ _ _ _ _ meeting of the _ _C_i_t~y,___C_o_m_m_i_s_s_i_o_n_ _ _ _ _ __
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on June 2 2, 2004 5:30
at - - - - - P.M.
The following resolution was offered:
Moved by Commissioner Spataro and supported by Commissioner Davis
That.the request from RND ENTERTAINMENT INC. TO TRANSFER OWNERSHIP OF 2004 CLASS C
LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 1635 BEIDLER, MUSKEGON, Ml 49441,
MUSKEGON COUNTY, FROM STAR4, INC.; AND REQUEST A NEW ENTERTAINMENT PERMIT.
be considered for Approval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 4 Yeas:
Nays: 0 Nays:
Absent: 3 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
- - - - - - - - - - -(Recommended
- - -or- -----------------
not Recommended)
State of Michigan - - - - - )
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _ _ _
c_i_t_y_c_o_m_m_1_'s_s_i_o_n_ _ _ _ at a _ _ _R_e_g_u_l~a_r~ ~....,...,...------
<Town,hip Board, City or Village Council) (Regular or Special)
meeting held on 6 - 2 2 - O4
(Date)
SEAL (Signed) ~a.l (Townjhip, City o illage Clerk)
Gail A. Kundinger, City lerk
933 Terrace, Muskegon, MI 494 40
(Mailing address or Township, City or Village)
Affinnat)ve Action
(231)724-6703
FAX (2l 1)722-1214
Assessor
(2]1)724-6708
FAX (2]1)726-5181
Cernetery
(231)724-678] West Michigan's Shoreline Cicy
FAX (231)726-5617
www.shorelineclty.com
City Manager
(231)724-6724
FAX (231)722-l214
Civil Service
(231)724-6716
FAX (2]1)724-4405
Clerk July 2, 2004
(23 l )724-6705
FAX (23 I)724-4178
Comm. & Neigh.
Services
(231)724-6717 Liquor Control Commission
FAX (231)726-2501
7150 Harris
Engineering PO Box 30005
(231)724-6707
FAX (231)727-6904 Lansing, Ml 48909-7505
Finance
(231)724-6713 REF: #240418
FAX (231)724-6768 RND Entertainment Inc.
Fire Department 163 5 Beidler
(231)724-6792
FAX (231)724-6985 Muskegon.MI 49441
. rl
I'-
m
: '-------=:::T---i--------.+--_J
:S
I'- Postage $ _ _ _ _____J
Certified Fee
IT1
:r Return Receipt Fee
M (Endorsement Required) f--------
t:l Rix;tric1ed Delivery fee
Cl (Endorsement Required)
Tota! Postage & Fees -$
□
l1J
Recipient's Name (Please Print Clearly} (To bc completed by mailer)
U1 •••.
Cl
g Street, Apt No.; or PO e(J;r:"";i;()~·······--············--·····•······························
□ C11y, State, ZIP+ 4 ····--····--·····•···························•····.. •···•-·····•·····
['-
'"
Michigan nepartment of Labor & Economic Growth
POLICE INSPECTION REPORT ON L :JR LICENSE REQUEST MICHII LIQUOR CONTROL COMMISSION
Req ID # 240418 (Authorized by MCL 436.1217)
7150 Harris Drive ,;J.1/0 'lllf
P.O. Box 30005
Lansing, Michigan 48909-7505 11.'/l'.t <,/2/6'(
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)
RND ENTERTAINMENT INC., 1635 BEIDLER, MUSKEGON, Ml 49441, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2004 CLASS C-SDM LICENSED BUSINESS WITH
DANCE PERMIT FROM STAR 4, INC.; AND REQUEST A NEW ENTERTAINMENT PERMIT.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
DIANA D. SCHWEIFLER - STOCKHOLDER ROBERT A. SCHWEIFLER - STOCKHOLDER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
3200 SANDY COVE COURT 3200 SANDY COVE COURT
MUSKEGON, Ml 49441 MUSKEGON, Ml 49441
H(231 )759-6261 /B(231 )740-4281 H(231 )759-6261 /B(231 )740-5005
DATE: OF BIRTH: c7, Z.'6'· .SJ DATE OF BIRTH: 6 ·· / f< • 5iC,
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 fingerprinted: rJ· ·· ?-"'3/ Date fingerprinted: ,ii,' ··7-t.:,'/
I Attach the fingerprint card and $30.00 for each card and mail to the Michiaan 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?
D No jiil'Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? pi(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 fal 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? Jiil Yes D No
2. Is the proposed location satisfactory for this business? Bf Yes D No
3. Should the Commission grant this request? .13.Yes D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
Sign ate (Sheriff.er Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
STATE OF MICHIGAN
'lEPARTMENT OF LABOR & ECONOMIC GROWTJ'
LIQUOR CONTROL COMMISSION REO ID: 240418
7150 Harris Drive
P.O. Box 30005
(,/2 /al fl"1-fr--
Lansing, MI 48909~7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
RND ENTERTAINMENT INC. 759-6261
APPLICANT/LICENSEE PHONE NUMBER
1635 Beidler St. Muskegon Muskegon 49441
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
cusiomers. YES f'. NO □ NIA □
2. Describe the type of entertainment applicant/licensee will provide: N/A o
Bands
3. Will this entertainment include topless activity? YES □ NO ~ NIA □
DANCE PERMIT YES □ NO □ NIA □
ENTERTAINMENT PERMIT YES □ NO □ NIA □
TOPLESS ACTIVITY PERMIT YES □ NO □ NIA )8(
6-7-04
DATE SUBMITTED SIGNATURE
Muskegon 231 724-6750
DEPARTMENT NAME PHONE NUMBER
980 Jefferson St. Muskegon
ADDRESS CITY
Lc.693N REV 5198
4880-0652
To: Tony Kleibecker, Director of Public Safety
From: Del. Kmi Dykman
Date: 06-08-04
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 RND Entertainment Inc. located
at 1635 Beidler Street, Muskegon, MI. 49441.
RND Entertainment Inc. is comprised of both Diana and Robe1i Schweifler of 3200
Sandy Cove Court, Muskegon MI. 49441. They are requesting to transfer ownership of
2004 Class C-SDM licensed business with Dance Permit located at 1635 Beidler Street
from Star 4, Inc. and requests a new Entertainment Permit. Both applicants have had no
experience in the alcohol service industry but have been made aware of the Muskegon
Police Departments position on enforcing local alcohol laws and ordinances.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
data/common/liquor/Schweifler
,;:}..1/01/1~
'fU14-- b/z/01
STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
RECE IVED
Lansing, MI 48909-7505
JUN 4 2004
LOCAL APPROVAL NOTICE MUSKEGON
CITY MANAGER'S OFFICE
(Authorized by MCL 436.1501(2) and MAC 1105(2)(d))
Req ID: 240418
Date: May 21, 2004
To: MUSKEGON CITY COMMISSION
933 TERRANCE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: RND ENTERTAINMENT INC.
Home Address And Phone No:
DIANA D. SCHWEIFLER, 3200 SANDY COVE COURT, MUSKEGON, Ml 49441
H(231 )759-6261/8(231 )740-4281
ROBERT A. SCHWEIFLER, 3200 SANDY COVE COURT, MUSKEGON, Ml 49441 H(231)759-6261 /B(231)740-5005
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517)-322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 9/17
4880-1234
Michigan nP.partment of Labor & Economic Growth
MICHi~ LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON L( JR LICENSE REQUEST
7150 Harris Drive ,;;.,<-/D t.{I ?5
Req ID # 240418 (Authorized by MCL 436.1217)
P.O. Box 30005 / /o
,f ~
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)
RND ENTERTAINMENT INC., 1635 BEIDLER, MUSKEGON, Ml 49441, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2004 CLASS C-SDM LICENSED BUSINESS WITH
DANCE PERMIT FROM STAR 4, INC.; AND REQUEST A NEW ENTERTAINMENT PERMIT.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
DIANA D. SCHWEIFLER - STOCKHOLDER ROBERT A. SCHWEIFLER - STOCKHOLDER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
320!) SANDY COVE COURT 3200 SANDY COVE COURT
MUSKEGON, Ml 49441 MUSKEGON, Ml 49441
H(231 )759-6261/8(231 )740-4281 H(231 )759-6261 /8(231)740-5005
DAT~ OF BIRTH: '7-2,~- SJ DATE OF BIRTH: G-i t-5.,6
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
0
. □ Yes □ No
0
D Yes D No
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fingerprinted: &-J- 0-'/ Date finQerprinted: I-
,1-PJ;,
' Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
□ No j&LYes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? :ii(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? ,tsj~Yes D No
2. Is the proposed location satisfactory for this business? 12i{'Yes □ No
3. Should the Commission grant this request? J2l,Yes D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
,x ~ L. L~ . Q. ~
Signate (Sheriff or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWT -
LIQUOR CONTROL COMMISSION REQID: 240418
7150 Harris Drive
P.O. Box 30005
u/L/ o•f V7d;J4
Lansing, MI 48909-7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
RND ENTERTAINMENT INC. 759-6261
APPLICANT/LICENSEE PHONE NUMBER
1635 Beidler St. Muskegon Muskegon 49441
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers. YES □ NO □ NIA □
2. Describe the type of entertainment applicant/licensee will provide: NIA □
Bands
3. Will this entertainment include topless activity? YES D NO D NIA D
~AW ENFORCEMENT RECOMMENDATION
DANCE PERMIT YES □ NO □ NIA □
ENTERTAINMENT PERMIT YES □ NO □ NIA □
TOPLESS ACTIVITY PERMIT YES □ NO □ NIA □
MARKS
.
6-7-04 ,;.._ /1. _L-... J~
DATE SUBMITTED OFFICER~SIGNATURE
Muskegon 231 724-6750
DEPARTMENT NAME PHONE NUMBER
980 JeffersopnSt. Muskegon
ADDRESS CITY
LC·693N REV 5/98
4880-0652
;). t./0 Lj( g
Mic, _,an Department of Labor & Economic '1... JWth
LIQUOR CONTROL COMMISSION fl,h,f <:,/~/oL(
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4)]
To: MUSKEGON POLICE DEPARTMENT Date: May 21, 2004
CHIEF OF POLICE REF#: 240418
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
RND ENTERTAINMENT INC. REQUESTS TO TRANSFER OWNERSHIP OF 2004 CLASS C-SDM
LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 1635 BEIDLER, MUSKEGON, Ml 49441,
MUSKEGON COUNTY, FROM STAR 4, INC.; AND REQUESTS A NEW ENTERTAINMENT PERMIT.
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.
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, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
;2t/Oi/f'fj
Mi~, .. "an Department of Labor & Economic 'L.JWth
LIQUOR CONTROL COMMISSION v1'114. 1//2/6'/
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4)]
To: MUSKEGON POLICE DEPARTMENT Date: May 21, 2004
CHIEF OF POLICE REF#: 240418
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
RND ENTERTAINMENT INC. REQUESTS TO TRANSFER OWNERSHIP OF 2004 CLASS C-SDM
LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 1635 BEIDLER, MUSKEGON, Ml 49441,
MUSKEGON COUNTY, FROM STAR 4, INC.; AND REQUESTS A NEW ENTERTAINMENT PERMIT.
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.
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, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
2197
,,,-:>:·,
cAJr ~< t~~sJ•7wlh-- ,..
'' 1: 0? 20000 ', t,I: ti8 l, I, ti S l,O S 211•
_ DESKJ,NEA CHECKS~• ANGEl "CAllGHT NAPPING' OTH!cFt.AVIACO
' I
LIQUOR LICENSE REVIEW FORJ.v.l
Bnsiness :fame: _ _-..Jl.ff~/tL
!/-h/)'----=£'-'-n-'--'f~r.....Y..:..f_&r_,._11_1_'7J_t.7.:.....1_,1_f_ _ __ _ __
AKA Business Name (if applicable): _ _ _ _ _ __ __ _ __ _
Operator/Manager's Name: /) / ct l'J c.i ..J. ,l~.J b(' c f· !;;c/2 r-u' e, /Irr
Business Address:
Reason for Review:
New License D Transfer of ~wnership ]ZJ D
Dance Permit
Drop/Add Name on License □· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ __
Deadline for receipt of all information: _ _ _ __ _ _ _ __
Police Department Approved ~nied 0 No Action NeededO
Income Tax Approved Owing 0 Amount:
Treasurer Approved
□ Owing 0 Amount:
Zoning Approved □ Denied D Pending ZBA □
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_~
___·_ _ .....;t=::___ ____.
_ _ __ _ _ __ _
Gail A. Kundinger, City Clerk
LIQUOR LICENSE REVIE\V FORL\1
Business .:fame: _ ___..,.__/(
............
/t/ -'n____
_,J...,..._---'b=-'-....... f ____rf'_f_uf_·,_·11_ 1?'J_ C'_r1_f _ _ _ _ __
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: /)/cr17 o. ,-). ~ , beef· Sc/21-v·r-,·//rr
Business Address:
Reason for Review:
New License D Transfer of ~wnership ~ D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stock.bolder 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 ffowing D Amouuif ~
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
RFr.F:/VEO
LIQUOR LICENSE REVIE\V FORL"1
(.,/ lY (JI 1'.1U'·
PLJ\NNINC O[p~¼1~J~T
.Business ~'fame:
AKA Business Name (if applicable): _ __ _ __ __ _ _ _ _ _
Operator/Manager's Name: /)/ CflJ 1:1 J. Kr.:i b('C I· 5:c /2 0-e,' /hr
Business Add.ress: / ? J ~ .6 e /J/ ,,r
Reason for Review:
New License D Transfer of ~wnership JZJ D
Dance Permit
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 0 Amount:
Zoning Approved ~ Denied D Pending ZBA 0
Clerk's Approved D Owing □ Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature ~ ·C:cz !£c
Gail A. Kundinger, City C~erk
LIQUOR LICENSE REVIE\V FOR.l'1
.·. .__//"-H/)_'--"""'[_,_~"-'f~t-'-r..;...f_c-1_1._11._J7'_J t_",_✓1_.f_ _ _____
Bnsiness ?fame: _ __..,_ff
AK.A Business Name (if applicable): _ _ __ _ _ _ __ _ _ __
Operator/Manager's Name: /)/ q lJ 1:1 ,J-- k.Jb(' c J- !;c./2 0 e ,· //tr
Business Address:
Reason for Review:
New License D Transfer of. ~wnership JxJ D
Dance Permit
Drop/Add Name on License □ Transfer Location D
Drop/Add Stock.bolder 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 D Owing D Amount: - - - -
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA 0
¥-~ 7
□ Owing □
Clerk's Approved Amount: ~/1.-
/)'lUU t-.R-~-L
Fire/Inspection Compliance D Remaining Defects ~ 'clt;, ._;;cu._.
Services
Department Signature_ _ _ _ _ _ __ _ _ __ _ __ _ __
Gail A. Kundinger, City Clerk
. ',
LIQUOR LICENSE REVIE\V FOR.lvl
Business .:fame: _ ____,._ff
. . . ./(_,/)..,.._
.. ...... ~n___f .r,_f_u._;
£. . . . . ... ,_·n_1'YJ_
t:'_
r1_f _ _ _ _ __
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Business Address:
Reason for Review:
New License D Transfer of ~wnership ~ D
Dance Permit
Drop/Add Name on License □· Transfer Location D
Drop/Add Stock.bolder 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 □ D~ied □ Pending ZBA □
Clerk's Approved ~ n g O Amount:
Fire/Inspection Compliance Remaining Defects
Services
Gail A. Kundinger, City Clerk
.(
LIQUOR LICENSE REVIE\V FORJ.v.l
Business :fame: ____/(-'-'-"//_,j..,._---'/:"'-.-.11..........f .t,_f_t:.1_
. . · ,_ ·11_/?J_
. _(,)_
l'l_f _ _ _ _ __
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __ _
Operato!"/Manager's Name: /)/ q17 C1 ,-). ~ b ee f - !;c/2 0 -e,· f!tr
Business Address:
Reason for Review:
New License D Transfer of ~wnership JZJ D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stock.holder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ _ __ _ _ _ __
Police Department Approved D Denied D No Action Needed 0
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA 0
Clerk's Approved
□ Owing □ Amount:
Fire/lnspectio Remaining Defects
Services
Department Signature7~di3 ~ '
Gail A. Kundinger, Ci Clerk
( ;)L_/c, L/1ff
STATE OF MICHIGAN C:., / 2/ av '77di4
DEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) and MAC 1105(2)(d))
Req ID: 240418
Date: May 21, 2004
To: MUSKEGON CITY COMMISSION
933 TERRANCE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: RND ENTERTAINMENT INC.
Home Address And Phone No:
DIANA D. SCHWEIFLER, 3200 SANDY COVE COURT, MUSKEGON, Ml 49441
H(231 )759-6261/8(231)740-4281
ROBERT A. SCHWEIFLER, 3200 SANDY COVE COURT, MUSKEGON, Ml 49441 H(231 )759-6261 /8(231 )740-5005
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436 . 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517)-322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 9/17
4880-1234
Req ID# 240418
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
"lJ,t'Jt- t / z/d '/
LIQUOR CONTROL COMMISSION
RESOLUTION
At a - - - ~ ~ ~ ~ , - - - - - - - - meeting of the _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Regular or Special) (Township Board, City or Village Council)
called to order by ___________ on __________ at _ _ _ __ P.M.
The following resolution was offered:
Moved by _ _ _ _ _ _ _ _ _ _ _ _ and supported by _ _ _ _ _ _ _ _ _ _ _ _ __
That the request from RND ENTERTAINMENT INC. TO TRANSFER OWNERSHIP OF 2004 CLASS C
LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 1635 BEIDLER, MUSKEGON, Ml 49441,
MUSKEGON COUNTY, FROM STAR 4, INC.; AND REQUEST A NEW ENTERTAINMENT PERMIT.
be considered for _ _ _ _ _ _ _ _ _~ , - - - , - " " " " ' " - c , - - - - - - - - - - - - - - - - -
<Approvai or Disapproval)
APPROVAL DISAPPROVAL
Yeas: - - - - - - - - - - - Yeas: - - - - - - - - - - -
Nays: _ _ _ _ _ _ _ _ _ __ Nays: _ _ _ _ _ _ _ _ _ __
Absent: - - - - - - - - - - Absent: ----------
It is the consensus of this legislative body that the application be:
for issuance
-----------(=•~-.,,-m-,e,~dol_o_rn_o<~R~-,m-m-co-ded~)- - - - - - - - - - - - - -
State of Michigan _ _ _ _ _)
§
County of - - - - - - - -)
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ at a - - - - - - - - ~ - - - - - -
<Township Board, City or Village Council) (Regular or Special)
meeting held on
---~(D-,<e-)--
SEAL (Signed) _ _ _ _ _~~~~~~
(Township, City of Village Clerk)
(Mailing address of Township, City of Village)
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(23 I )724-6708
FAX (231)726-5181
Ceme1ery
(231)724-6783
FAX (23 I )726-56 I 7
w...t Michipn's Shoreline City
City Manager www.•horellnecity.com
(23 I )724-6724
FAX (231)722-1214
Civil Service
(231)724-6716 June 17, 2004
FAX (231 )724-4405
Clerk
(231)724-6705
FAX (231)724-4178
Diana & Robert Schweifler
Comm. & Neigh.
Services 3200 Sandy Cove Court
(231)724-6717 Muskegon,MI 49441
FAX (23I)726-2501
Engineering Dear Diana & Rob:
(231)724-6707
FAX (231)727-6904
This letter is to inform you that your request to transfer ownership of the 2004
Finance
(231)724-6713 Class C-SDM License with dance permit will be presented to the City
FAX (231)724-6768 Commission on June 22, 2004. This meeting begins at 5:30 p.m. and is located in
Fire Department the City Commission Chambers, 933 Terrace, Muskegon, MI.
(231)724-6792
FAX (231 )724-6985
This request has also been sent to the Nims Neighborhood Association for their
Income Tax
(231)724-6770 comments. It is Commission practice to let the Neighborhood Association know
FAX (231)724-6768 of any liquor license requests that are located within their boundaries. This allows
Info. Technology for comments from the people who live there and not just from the owners of the
(231 )724-4126
FAX (231)722-4301
business' who are located there.
Inspection Services
(231)724-6715 Sincerely,
FAX (231)728-4371
Leisure Services
(231)724-6704
FAX (231)724-1196
Linda Potter
Mayor's Office Deputy Clerk
(231 )724-6701
FAX (231)722-1214
Planning/Zoning
(23 1)724-6702
FAX (231)724-6790
Police Department
(231 )724-6750
FAX (231)722-5140
Public Works
(231)724-4100
FAX (23 I)722-4188
Treasurer
(23 I )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231 )724-6768
Water Filtration
(23 I )724-4106
rAv ,,,,,-.cc c-.nn r;ht nf Mm:lu•onn Q~l, T•rnu•ie Street. P.O. Box 536. Muskee:on. Ml 49443~0536
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Billing Corporation
2390 W. Sherman
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Billing Corporation to transfer
ownership of the 2003 SOD & SOM Licensed Business from Karamsar
Corporation, OBA Super Stop Food.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Arnrmativc Action
724-6703
Assessor
724-6708
Cemetery
724-6783
West Michigan's Shoreline City
Civil Service
724-6716
June 9, 2004
Clerk
72•1·6705
To: City Commission through the City Manager
E11gl11eerl11g
L- , l ~
724-6707
From:
Anthe y L. Kleibecker, Director of Public Safety
l•'lnance
724-6713
Re: Liquor License Request - 2390 W. Sherman Boulevard
Fire llcpt. Transfer of 2003 SOD & SOM Licensed Business ("Super Stop"
72•1·67D2
convenience store)
G N. Ser vices
724-6717
The Muskegon Police Department has received a request from the Michigan
Liquor Control Commission for an investigation of applicant Billing Corporation
Inspections
located at 2390 W. Sherman Blvd. in Muskegon.
724-G7 15
Billing Corporation is comprised of Randhir and Shomatee Billing of 605 Lake
Forest Lane #G3, Muskegon Ml 49441. They request to transfer ownership of
l.cisure Ser vice
724-6704 2003 SOD & SOM licensed business from Karamsar Corporation. The
applicants have experience in the alcohol service industry and have been made
aware of the Muskegon Police Department's position on enforcing local alcohol
Manager's ornce
724-G724 laws and ordinances.
A check of Muskegon Police Department records and criminal history showed
Mayor's Office
724G701
no reason to deny this request.
Planning/Zoning
724-6702
ALK/dl
l'oliccllcpt.
72'1-6750
Public Works
7211-47811
TrrnSUl'CI'
724-6720
ll'atcrOcpt. Cily or Muskegon, P.O. Box 5~l6. ~JBO,Jefferson SI.reel, Muskegon, Micl1igan 49443-053G
724·671!l
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
March 30, 2004
RequestlD:258528
Muskegon City Council
Attn: Clerk
933 Terrace St.
PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Billing Corporation, requesting
transfer ownership 2003 SOD & SOM licensed business, located at 2390 Sherman, Muskegon, Ml
49441 in Muskegon County, from Karamsar Corporation.
Stockholders:
Randhir Singh Billing, 605 Lake Forest Lane #3-Z, Muskegon, Ml 49441 (231) 780-1342
Shomatee Billing, 605 Lake Forest Lane #3-Z, Muskegon, Ml 49441 (231) 780-1342
Specially Designated Merchant (SOM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SOD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law
enforcement agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-
premise licenses, the local governing body, or its designee, may notify the Commission within 15 days
of receipt of this letter if the applicant location will not be in compliance with all appropriate state and
local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is
considered ineligible due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances
applicable in this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES Req ID #258528
LIQUOR CONTROL COMMISSION
RESOLUTION
2004-56(9)
At a ___R_e_g_u_l_a_r_ _ _ _ _ _ _ __ meeting of the _ _ _c_i_t-cy,---c..,,.....,o,....m_m__,ic,-s_s---,-,,,i,-o_n-_ _ _ __
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on June 2 2, 2004 at 5:30 P.M.
- - - -- - - - - - -
The following resolution was offered:
Moved by Commissioner Spataro and supported by Commissioner Davis
That the request from Billing Corporation, 2 390 Sherman, Muskegon, MI 494 41 ,
Muskegon County to transfer ownership of the 2003 SDD & SDM Licensed
Business from Karamsar Corporation
be considered for Approval
- - - - - -- - -- --c(A,-p-pro-
va-,-
1o-ro=i,-ap-pr-oval
--c-)- - - - - - - - - - - - - - - - - -
APPROVAL DISAPPROVAL
Yeas: 4 Yeas:
------------
Nays: 0 Nays: _ _ _ _ _ _ _ _ _ __
- - - - - - - - - - --
Absent: 3 Absent:
-----------
It is the consensus of this legislative body that the application be:
Recommended for issuance
------------(R-
ec-om_m_en-de-d o-,n-ot-R-
eco-m-
me- nd-,d-
) - - - - -- -- - - - - - - -
State of Michigan - - - -- ·)
§
County of Muske gon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Commi s sion at a Re gular
---(T-ow
-n""
shi-p 8-
oa-
,d,-
, c"'"it-yo-r,V-il-lag-e,-
Co-un---,
cil-)- --- - -- -- -
(R-
,g-ula-, o-,S
-pe-
ci-a
l )_ _ _ __ _ _
meeting held on - -6-22-04
-- -- -
(Date)
SEAL (Signed)4 ~~:. __.'.: :2~·_lL.
~~~~~
Gail A.
933 Terrace, Muske gon, MI 4 9 440
(Mailing address of Township, City of Village)
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 06-08-04
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 Billing Corporation located at
2390 Sherman, Muskegon, Ml. 49441.
Billing Corporation is comprised of both Randhir and Shomatee Billing of 605 Lake
Forest Lane, Apartment G3, Muskegon Ml. 49441. They are requesting to transfer
ownership of 2003 SDD & SDM licensed business from Karamsar Corporation. Both
applicants have had experience in the alcohol service industry and have been made aware
of the Muskegon Police Departments position on enforcing local alcohol laws and
ordinances.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/common/liquor/Billing
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF Li ,OR & EjONOMIC GROWTH rY/!P-
DAVID C. HOLLISTER, DIRECTOR
q - r 1 -v '-;)
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
March 30, 2004
RequestlD#:258528
Muskegon Police Department
Attn: Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536
Chief Law Enforcement Officer
Applicant: Billing Corporation, requests transfer ownership 2003 SOD & SOM licensed business,
located at 2390 Sherman, Muskegon, Ml 49441 in Muskegon County, from Karamsar Corporation.
Please make an investigation of this application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.
Forward your report and recommendations of the applicant to the Licensing Division.
(2) Please include fingerprint card(s) and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400.
sr
LC-1972 Rev 01/02
4880-1658
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
Affinnative Action
(231)724-6703
FAX (2J1)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager
West Michigan's Shoreline City
www.shorellneclty.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk
(231)724-6705 July 2, 2004
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 Liquor Control Commission
Engineering 7150 Harris
(231)724-6707 PO Box 30005
FAX (231)727-6904
Lansing, MI 48909-7505
Finance
(231)724-6713
FAX (231)724-6768 REF: #258528
Fire Department Billing Corporation
(231 )724-6792 2390 Sherman
FAX (231)724-6985
Muskegon,MI 49441
Income Tax
(231 )724-6770
FAX (231)724-6768 To Whom It May Concern:
Info. Technology
(23 I )724-4126 Enclosed is the Resolution, form LC-1800, print cards and check for Billing
FAX (231)722-4301
Corporation that was recommended for approval at the June 22, 2004, City
Inspection Services Commission Meeting.
(231)724-6715
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 Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning
(23 I)724-6702 Linda Potter
FAX (231)724-6790
Deputy Clerk
Police Department
(231)724-6750
FAX (231)722-5140 Enc.
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer
(23 I)724,6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(23 I)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
STATE OF MICHIGAN
POLICE INSPECTION REPORT ON L,. JOR LICENSE REQUEST LIQuOR CONTROL COMMISSION
(Authorized by MCL 436.1217) DEPARTMENT OF LABOR & ECONOMIC GROWTH
sr DAvm c. HoLusTER, nmEcmRr~/ f.Z
RID: 258528 if - ;;..·7 -tl.f
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprir '. cards to the Commission,
BUSINESS NAME AND ADDRESS: (include zip code) Billing Corporation
2390 Sherman, Muskegon 49441 Muskegon County (616) 696-2800
REQUEST FOR: Transfer ownership 2003 SOD & SOM licensed business from Karamsar Corporation.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
Randhir Singh Billing Shomatee Billing
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
605 Lake Forest Lane #3-Z
Muskegon,MI49441 Same
(231) 780-1342
DATEOFBIRTH: /J-J-5'/ DATE OF BIRTH: ,; /',- -t, 5
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?
'ji1l.Yes □ No ft-:les □ No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finaerorinted: ~; ·-2 7-CV Date finaerorinted: tf · 7 _,,Y
Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: □ Felony □ Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
)Q_No D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? l:Jil No □ Yes, explain relationship:
I Section 3, Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ~ 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? 0Yes □ No
2. Is the proposed location satisfactory for this business? @Yes □ No
3. Should the Commission grant this request? -Bl Yes □ No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
c.-,J--dY
Signatli (Sheriff-er Chief of Police) Date
Muskegon Police Department
LC-1800 Rev. 07102
f-;2-o Y
LIQUOR LICENSE REVIE\V FORlv.l
Business ~ame: ____,/3=·"'----1_,_·/4...:....1/..:_1...,;~7"""7J'--__,~=-::;;o4£i)=-
· _ _ _ _ _ _ _ _ __
(/ 7
AKA. Business Name (if applicable):
Operato.r/lVIanager's Name: /?ooJ /2 /c
r )
Business Address: o/ 3 90 · ii/ ---> IZ el'/?1 q- /J
//.Ju s kt/' c1 //lJ Y;Yf/
Reason for Review:
New License D Transfer of ~wnership )Z1 Dance Permit D
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 Snenied □ No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □
Clerk's
□ Owing □
Approved Amount:
. Fire/Inspection Compliance D Remaining Defects
Services
Department Signature (}= L .· l ~
Gail A. Kundinger, City Clerk
T ;,,H"'.. T :,..a.., r f"'",...,..~;t1 f)tr,,.-
f-,;2-0 y
LIQUOR LICENSE REVIEW FORl\1
Business :fame: ___.,Q,6::::_.:..1....!·!...:...1/.:_/.;..:.~74lJ______::~~o.L,jw=,;_·_ _ _ _ _ _ _ _ __
c/ 7
AKA Business Name (if applicable):
Operato:r/lVIanage.r's Name: /?ooJ /2 'c 1
Business Addl!"ess: d,,_ 3 90 · It/ S/2 e[/J1 lf ✓2
/lJ?1 s k;:.r
v
c1 V/1
J
//lJ llill
Reason for Review:
New License D Transfer of ~wnership )Z1 Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stock.bolder 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 Wowing D Amount: - - - -
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA 0
Clerk's
□ Owing □
Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signatnre ~ ' t j tJt------
Gail A. Kundinger, City Clerk
T. • 11nr i .Pn<:P. r'nnr i ato
LIQUOR LICENSE REVIE\V FOR1'1
&..:. 1/_1.:_z-s"'
Business :fame: ___.,'""'6::;.__1_,_· . ,. lJ'--___;;t.
:;_-=c,., C"/"2·- - - - - - - - - - -
AK.A Business Name (if appiicalble):
Operator/lVIanager's Name: l?aoci /2 1>:
.,... !
Business AddJress: d',3 9r) - !1,I __)/J f (/114 / J
/llu scfbf' o1 //lJ UYfl
Reason for Review:
New License D Transfer of ~wnership )Zl D
Dance Permit
Drop/Add Name on License D- Transfer Location O
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 D Owing D Amount:
/
Treasurer Approved ~Owing □ Amount:
Zoning Approved □ Denied D Pending ZBA 0
□
Clerk's Approved Owing □ Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Department Signature ~
Gail A. Kundinger, City Clerk
T ~nun.- T ~.... f""l"\ n r~;n~ nl'"'
!/,;2-0 y
LIQUOR LICENSE REVIEW FOR1'1
Business :lame: ,6, //,g/' · {!Olj/J.
AKA Business Name (if appiicaibie):
Operator/Manager's Name: l?aac.1/n'r:
Business Addiress: o<.,,, 3 90 · !ti SJet/n t?/2
/llu slY!;/rJ/; //lJ fltYI
Reason for Review:
New License D Transfer of ~wnership JZ1 D
Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stock.bolder Name O 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 D Owing D Amount: - - - -
Treasurer Approved - Owing O Amount: _ _ __
Zoning Approved ~ Denied D Pending ZBA D
Clerk's Approved D Owing □ Amount: _ _ __
Fire/Inspection Compliance D Remaining Defects _ _ _ __
Services
Department Signature~ ' l(,,'l.c W-1~'~
Gail A. Kundinger, City Clerk
T.in tor T.ir.P.n~P. Coor · ato
;/-;2-o Y
LIQUOR LICENSE REVIE\V FORlv.l
Business Name: ,6, //, ~u · (}0'17·
c·?
AK.A Business Name (if applicable): -""""~5=
·~"-¥>0.:..i..C.;.._1_.._.SL.Ltr--"7_.,..12"--'-£~1,a:...i..;r=f'-----"""""-S:J.,.;;fr'-'-
il'c~
Operator/lVIanager's Name: /?o oJ /2 /c
,,.. /
Business Address: o/. 3 90 · Iii ....)/} f/'/)1 t; /J
,tllu slY>/01 //JJ tfft/
Reason for Review:
New License D Transfer of ~wnership )Z1 D
Dance Permit
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 □
Clerk's Approved ~wingO Amount:
Fire/Inspection Compliance D Remaining Defects _ _ _ __
Services
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
T ~,,nn.,- T ;,. nca. f""nro•~;n~tnr
f-;2-o Y
LIQUOR LICENSE REVIEW FORl'1
Business Name: ,6 //1c1/~u
1 (!of/2,
AK.A Business Name (if applicable):
Operator/lVIanager's Name: liaoJ /2 1'c'
Business Address: oc" J ?O. It/ SJr/'/YJ tr /J
/JJll S d;i f tJ1· //;J Yffjl/
Reason for Review:
New License D_Transfer of ~wnership JZ1 Dance Permit D
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 0
Clerk's Approved D Owing D Amount:
Fire/Inspection Compliance clRemaining Defects
Services
Gail A. K undinger, City Clerk
Liouor License Coordinator
f-,;2-0 y
LIQUOR LICENSE REVIE\V FORL'1
Business :fame: ___./2..,..·~1_,_·/4-'-1/-'-1.,.;,~?""'J'-----.:C,=:;._,:;;.o...,,,a2.,._.___
. _ _ _ _ _ _ _ _ __
t,T 7
AK.A Business Name (if applicable):
Operator/lVIanager's Name: J. ,Si;o1nafcc. _&/! ~
Business Add1ress: d,Jzo· 11/
tz,. -.S'); (l'/?1 q /J
//lJ vn1
Reason for Review:
New License D Transfer of ~wnership )Z1 D
Dance Permit
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:
Fire/Inspection Compliance Qg Remaining Defects
Services
Department Signatur~ ill&,
Gail A. Kundinger, City Clerk
Affirmative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231 )72(,.5 I 8 I
Cemetery
(231)724-6783
FAX (231)726-5617
Wat Michipn'o Shoreline City
City Manager W"IIW.•horellnecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716 June 17, 2004
FAX (231)724-4405
Clerk
(231)724-6705
FAX (231)724-4178
Randhir & Shomatee Billing
Comm.&. Neigh.
Services 605 Lake Forest Lane, #03
(231)724-6717 Muskegon,MI 49441
FAX (231)726-2501
Engineering Dear Randhir & Shomatee:
(231)724-6707
FAX (231)727-6904
Finance
This letter is to inform you that your request to transfer ownership of the 2003
(231)724-6713 SDD & SDM licensed business will be presented to the City Commission on June
FAX (231)724-6768
22, 2004. This meeting begins at 5:30 p.m. and is located in the City Commission
Fire Department Chambers, 933 Terrace, Muskegon, MI.
(231 )724-6792
FAX (2J1)724-6985
This request has also been sent to the Lakeside Neighborhood Association for
Income Tax
(231)724-6770 their comments. It is Commission practice to let the Neighborhood Association
FAX (231)724-6768 know of any liquor license requests that are located within their boundaries. This
Info. Technology allows for comments from the people who live there and not just from the owners
(231 )724-4126
FAX (231)722-4301
of the business' who are located there.
Inspection Services
(231)724-6715 Sincerely,
FAX (231)728-437 I
Leisure Services
(231)724-6704
FAX (231)724-1196
Linda Potter
Mayor's Office
(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 )724-4 I 00
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-67 I 8
FAX (23 I )724-6768
Water Filtration
(231)724-4106
Affirmati\·e Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
w..t Michipn'• Shon,line City
City Manager June 17, 2004 www.1horellneclty.Qom
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405 Ms. Eloise Hieftje, President
Clerk Lakeside Neighborhood Association
(231)724-6705
FAX (231)724-4178 1960 Cutler
Muskegon,MI 49441
Comm. & Neigh.
Services
(231 )724-6717 Dear Eloise:
FAX (231)726-2501
Engineering We have received three letters from the Liquor Control Commission reference the
(231)724-6707
FAX (231)727-6904 following requests:
1. George F. Bailey, to transfer ownership of the 2003 Class C-SDM
Finance
(231)724-6713 licensed business with dance permit from Jimmy R. Benson and to transfer
FAX (231)724-6768 location from 2805 Sixth Street, Muskegon Hts. to 1920 Lakeshore.
Fire Department 2. Gary & Laureen Samples, to transfer ownership of the 2003 SDM licensed
(231)724-6792
FAX (231)724-6985 business with gas pumps from Marilyn J. Felinski, 1930 Lakeshore Drive.
3. Randhir & Shomatee Billing, to transfer ownership of the 2003 SDD &
Income Tax.
(231)724-6770 SDM licensed business from Karamsar Corporation, 2390 W. Sherman;
FAX (231)724-6768 A Class C license permits the sale of beer, wine, or liquor for consumption on the
Info. Technology licensed premises. A SDM license permits the sale of beer and wine for
(231 )724-4 I 26 consumption off the premises only. A SDD license permits the sale of alcoholic
FAX (231)722-4301
liquor, other than beer and wine, for consumption off the premises only. On
Inspection Services
(231)724-6715
Tuesday, June 22, 2004, the City Commission will review this request and
FAX (231)728-4371 determine whether or not it should be recommended for approval.
Leisure Services
(231)724-6704 You are being sent this notice because the City Commission would like to know
FAX (231)724-1196
how the Neighborhood Association feels and would appreciate any comments that
Mayor's Office they may have. You may send these comments to 933 Terrace, Muskegon, MI
(231)724-670 I
FAX (231)722·1214 49440 or attend the City Commission Meeting on June 22, 2004, at 5:30 p.m. in
Planning/Zoning
the Commission Chambers.
(231)724-6702
FAX (231)724-6790
If you have any questions, please feel free to contact me at 724-6705.
Pol ice Dcpartmenl
(231 )724-6750
FAX (231)722-5140 Sincerely,
Public Works
(231)724-4100
FAX (23 I )722-4188
Treasurer Linda Potter
(231 )724-6720
FAX (231)724-6768 Deputy Clerk
Water Billing
(231 )724-67 I 8
FAX (23 I )724-6768
Water Filtration
(211 )724-41 OE,
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Lakeview Market, LLC
1930 Lakeshore Drive
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Gary Samples and Laureen
Felinski-Samples to transfer ownership of the 2003 SOM Licensed
Business with gas pumps from Marilyn J. Felinski
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Affirmative Action
724·670:J
Assessor
724·6708
cemetery
724·678:l
Civil Service
724-6716
June 9, 2004
Clerk
72,1-6705
To: City Commission through the City Manager
Engl11eerl11g
724·6707
From: ~ L.. . I ~
Finance
724-6713
Re: Liquor License Request - 1930 Lakeshore Drive
Transfer of 2003 SOM Licensed Business with Gas Pumps
Fire l)cpl.
72,167U2
C. N. Services The Muskegon Police Department has received a request from the Michigan
724-6717
Liquor Control Commission for an investigation of applicant Lakeview Mart LLC,
comprised of Gary Samples and Laureen Felinski-Samples of 634 Churchill
l11spcct1011s
Drive in Muskegon.
724·6715
Lakeview Mart, LLC requests to transfer ownership of 2003 SDM licensed
business with gas pumps located at 1930 Lakeshore Drive from Marilyn J.
Leisure Service
72,J-670,J Felinski. Laureen and Gary Samples have experience in the alcohol servi ce
industry and are aware of the Muskegon Police Department's position on
enforcing local alcohol laws and ordinances.
~lmrnger's Office
724-6724
A check of Muskegon Police Department records and criminal history showed
no reason to deny this request.
Mayor's Office
7246701
Planning/Zoning ALK/dl
724·6702
Police IJept.,
724·G750
Publlc\Vorks
726-478()
'l'l'CclS lll'CI'
724·6720
\Vatcrllcpl. City of Muskegon, P.O. Rox 536, 980 JelTCl'SOll SLl'CCL, Muskegon, Michigan 49448-05'.lG
724·G7IO
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
Req ID# 237517
LIQUOR CONTROL COMMISSION
RESOLUTION
Ata Regular meetingofthe City Commission
_ ______;c.:...=.....;;L..;;;.(~Re..;;:;gu'l.,'--or
-= --o:S-pec-:--·
ia::--1
) - - - -- -- (Township Board, C11y or Village Council)
called to order by Mayor Warmington on June 2 2, 2004 at 5: 30 P.M.
------'-------
The following resolution was offered:
Moved by Commissioner Spataro and supported by Commissioner Davis
Thattherequestfrom Lakeview Mart, LLC, 1930 Lakeshore, Muskegon, MI 49441,
Muskegon County, to transfer ownership of the 2003 SDM Licensed Business
with Gas Pumps from Marilyn J. Felinski
be considered for - - - - - - - - " - - "Approval
- - - - - ,(-,-
Ap-pr-o
v-c-a
l -or=Di-,ap-pr-ov--cal)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
APPROVAL DISAPPROVAL
Yeas: Yeas:
- - - -4 - - - - - - - -
Nays: _ _ __o_______ Nays:
------------
Absent: 3 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
- - - - - - -- - - ---:-;:
(R-eco_m_me
-nd::-ed::-o-rn-o,-::-R,-co-:--m-
me-nd:-;cd::-)- - - - - - - - -- -- - - -
State of Michigan _ _ _ _ _)
§
County of Muslce g on )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _ _ c_i_t-=y_C_o_m_m_i_s_s_i_o_n_ _ _ _ _ at a _ _ _ R_e.....:.g:;..,.u_l-:-:a:-r--,---=-__,,...,.------ -
<Township Board, City or Village Council) (Regular or Special)
meeting held on 6- 22- o4
L
~~~~
(Date)
SEAL (Signed)~ G~: 1~~ -0~ .
(Township, City
Ga il A. Kunding er, City
933 Ter race, Mu s k egon, MI 4944 0
(Mailing address of To wnship , City of Village)
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
March 11, 2004
Request ID: 257517
Muskegon City Council
Attn: Clerk
933 Terrace Street
PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Lakeview Market, LLC, requesting
transfer ownership 2003 SDM licensed business with Gas Pumps, located at 1930 Lakeshore,
Muskegon, Ml 49441 in Muskegon County, from Marilyn J. Felinski.
Members: Laureen Felinski-Samples, 634 Churchill, Muskegon, Ml 49441 (231) 798-3189
Gary W. Churchill, 634 Churchill, Muskegon, Ml 49441 (231) 798-3189
Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other
than beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local law
enforcement agency and investigative forms will be released to them either in person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control Act for off-
premise licenses, the local governing body, or its designee, may notify the Commission within 15 days
of receipt of this letter if the applicant location will not be in compliance with all appropriate state and
local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is
considered ineligible due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and ordinances
applicable in this case, with a copy of the law and/or ordinance submitted with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
To: Tony Kleibecker, Director of Public Safety
From: Det. Kmi Dykman
Date: 6-3-04
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 Lakeview Mart, LLC for transfer
of license located at 1930 Lakeshore Street, Muskegon, MI. 49441.
Lakeview Mart, LLC is comprised of Laureen and Gary Samples, of 634 Churchill Drive,
Muskegon MI. 49441. Lakeview Mart, LLC is requesting to transfer ownership of 2003
SDM licensed business from Marilyn J. Felinski. Laureen and Gary Samples have
experience in the alcohol service industry and are aware of the Muskegon Police
Departments position on enforcing local alcohol laws and ordinances.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kmi Dykman
data/common/liquor/Samples
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMEIS'f OF LA)OR & ECONOMIC GROWTH
DAVID C. HOLLISTER, DIRECTOR
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1 (4))
March 11 , 2004
Request ID#: 257517
Muskegon Police Department
Attn: Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536
Chief Law Enforcement Officer
Applicant: Lakeview Market, LLC, requests transfer ownership 2003 SOM licensed business with
Gas Pumps, located at 1930 Lakeshore, Muskegon, Ml 49441 in Muskegon County, from Marilyn J.
Felinski.
Please make an investigation of this application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.
Forward your report and recommendations of the applicant to the Licensing Division.
(2) Please include fingerprint card{s) and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400.
sr
LC-1972 Rev 01/02
4880-1658
Michigan Liquor Control Commission
7150 Harris Drive• P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office
Affinnative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(23 I )724-67 83
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.shorellnecity.com
(23 I )724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk
(231)724-670S July 2, 2004
FAX (231 )724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 Liquor Control Commission
Engineering 7150 Harris
(231 )724-6707 PO Box 30005
FAX (231)727-6904
Lansing, MI 48909-7505
Finance
(231)724-6713
FAX (231)724-6768 REF: #237517
Fire Department
Lakeview Mart, LLC
(231 )724-6792 1930 Lakeshore
FAX (231 )724-6985
Muskegon,MI 49441
Income Tax
(231 )724-6770
FAX (231)724-6768 To Whom It May Concern:
Info. Technology
(231)724-4126 Enclosed is the Resolution, form LC-1800, print cards and check for Lakeview
FAX (231)722-4301 Mart, LLC that was recommended for approval at the June 22, 2004, City
Inspection Services Commission Meeting.
(231)724-6715
FAX (231)728-4371
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Leisure Services
(231 )724-6704
FAX (231)724-1196 Sincerely,
Mayor's Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning
(231 )724-6702 Linda Potter
I
FAX (231)724-6790 Deputy Clerk
Police Department
(231)724-6750
FAX (231)722-5140
Enc.
Public Works
(231)724-4100
FAX (23 I )722-4188
Treasurer
(23 I )724,6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231 )724-6768
Water Filtration
(231)724-4106
FAX (231 )755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
httn~//www.shorelinecitv.com
STATE OF MICHIGAN
POLICE INSPECTION REPORT ON L. .JOR LICENSE REQUEST LIC.,JOR CONTROL COMMISSION •\
(Authorized by MCL 436.1217)
sr
DAVID C. HOLLISTER, DIRECTOR f .0,\
DEPARTMENT OF LABOR & ECONOMIC GROIVTI I L,. :'\'D
RID: 237517
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fi noerprint~c~a~r~d~s_t~o_t~h~e~C.:co.cmccm=is~s~i~o~n~.--------------
BUSINESS NAME AND ADDRESS: (include zip code) Lakeview Mart, LLC
1930 Lakeshore, Muskegon 49441 Muskegon County (231) 759-8624
REQUEST FOR: Transfer ownership 2003 SDM licensed business with Gas Pumps from Marilyn J. Felinski.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
Laureen Felinski-Samples GaryW. Samples
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
634 Churchill
Muskegon, MI 49441 Same
(231) 798-3189
DATE OF BIRTH: 11-11-58 DATE OF BIRTH: 2-26-54
If the applicant is not a tJ.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?
D Yes D No □ Yes □ No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finqerprinted: 6-9-04 Date finnernrinted: 6 - 9 -04
I Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: □ Felony □ Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
)!:i
No □ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? □ No J/ifYes, explain relationship:
Gas station/Convenience store
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)
Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? M Yes □ No
2. Is the proposed location satisfactory for this business? NI Yes □ No
3. Should the Commission grant this request? ,© Yes □ No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
Signure (She!#f-or Chief of Police) Date
Muskegon Police Department
LC-1800 Rev. 07/02
J~ ,;;6· () y
LIQUOR LICENSE REVIE\V FOR1'1
Business ;:'fame: /Gl Ke il<'t 1,J ;1/q,.,te 1- , IL c.
J
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
Business AddJl"ess:
/9..Jo
Reason for Review:
New License O Transfer of Ownership~ Dance Permit 0
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 e:rn:nied D No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing 0 Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature ~ L. . ·1 ~
Gail A. Kundinger, City Clerk
T fn11n90 T ;,..onrR> f"'nnl"',;;n~t r
LIQUOR LICENSE REVIEW FORlv.I
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
7
C hv,"'e-Ji,://
Business Address:
/9..Jo
Reason for Review:
New License D Transfer of Ownership% Dance Permit 0
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 O No Action Needed D
Income Tax Approve~ -----Owing D Amount:
Treasurer Approved D D
Owing Amount:
Zoning Approved □ Denied D Pending ZBA 0
□
Clerk's Approved Owing □ Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature__ ~_.-'---_·_._.;_fr~-*-+1- - --- ------
Gail A. Kundinger, City Clerk
T .;.,.... ,...,,.. T ; ,.. ......,,.a r,....,"',.,4;n~t/'-u'"
LIQUOR LICENSE REVIEW FORJ.'11
AK.A Business Name (if applicable): _ __ _ _ _ __ _ __ _ _
Operator/Manager's Name:
I
C hv1,,,ch,'/I
Business Address:
/9.Jo
Reason for Review:
New License O Transfer of Ownership~ Dance Permit 0
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 D Owing D Amount:
Treasurer Approved GY6wing 0 Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Gail A. Kundinger, City Clerk
T 1,-,unr T ; r,::,ncP r'n r "natnr
LIQUOR LICENSE REVIE\V FOR1'1
AK..~ Business Name (if applicable): _ _ _ _ _ _ _ __ _ _ __
Operator/Manager's Name: _.L...,,_..,_?J..,,..wL.-C-e.-e.:.....
I
J,..__.
O.__.....h____:,;;;e..:.../;....1/J_...s..;...A_--:,_·_-_.S=,.:a.q""'.w1~a..... >
....
:;._
Gu.,,-,c:Y -<-V- C /2 v/·c h ~ '//
Business AddD"ess:
/9..Jo
Reason for Review:
New License O Transfer of Ownership~- Dance Permit 0
Drop/Add Name on License D· Transfer Location D
Drop/Add Stock.bolder 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 0
□
Clerk's Approved Owing □ Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature )
-g ~~
~
Gail A. Kundinger, City Clerk 0
T ; ,.. 1n• 1r on r A- rl""l r u •~ n Atnr
LIQUOR LICENSE REVIE\V FORl'1
Business Name:
AKA. Business Name (if applicable): _ __ _ _ __ __ _ _ __
OperatoB"/Manager' s Name:
I
C hvl"'c-_1,,, ·11
Business Addl!"ess:
/9Jo
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License □· O
Transfer Location
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ __ _ _ _ __
Police Department Approved D Denied O No Action Needed D
Income Tax Approved □ Owing _O Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA
. .
□
'-/,JI 'i
Clerk's Approved ~ Owing D Amoun~ cl
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_ _ __ __ __ __ _ _ _ __ _ _ _
Gail A. Kundinger, City Clerk
1 :,...~,.....,. T ;,....., ... a. ,-, ",... ... ~;n~ nY"
LIQUOR LICENSE REVIE\V FOR1'1
Business :Name: L,r ke ill ( 1.,J
AK.A Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
I
C h v 1'"c A ,, ·II
Business Address:
/9Jo
Reason for Review:
New License O Transfer of Ownership,)?[" Dance Permit 0
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 □ D
Owing Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □ Amount:
Clerk's Approved
Fire/Inspection Compliance ~ Remaining Defects
Services
Department Signature~ * 7·
Gail A. Kundinger, City Clerk
T ; ,.. , ,..... T ; ~ a. ;,,...n rt;n~t t'"
LIQUOR LICENSE REVIE\V FORl'1
AK..'\ Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name:
I
C // I/ 1""CJ,,.'/I
Business Address:
/9..Jo
Reason for Review:
New License D Transfer of Ownership~ Dance Permit D
Drop/Add Name on License □· 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 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance )ZJ Remaining Defects
Services
Department Signature~c&J/J,d, 0 A.l 't{/ s/o'-/
Gail A. Kundinger, City Clerk
1n11n1" T i .... oncp rnnl'"'tiln~tnr
11JJ.J1 Huntington THE HUNTIHGTON NATIONAL BANKS
13741
LAKEVIEW MART lfil Banks
634 CHURCHILL DR.
74-347/724 6/8/2004
MUSKEGON, Ml 49441
231-798-3189, Fax 231-798-3275
PAY
TO THE City of Muskegon $ **250.00
ORDER OF
Two Hundred Fifty and 00/ 100******************************************* ************************************************ DOLLARS
City of Muskegon
6l
Muskegon, Ml 49443-0536
AUTHORIZED SIGNATURE
MEMO Transfer of SDM License
11•0.:171,.11• ,: □ 721,0:11,7:I•: □ ••7•••51,:1811'
Affirmative Action
(231 )724-6703
FAX (23 I)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Mh:hipn'1 Shoreline City
City Manager www.1horellnecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716 June 17, 2004
FAX (231 )724-440S
Clerk
(231)724-670S
FAX (231)724-4178
Gary & Laureen Samples
Comm. & Neigh.
Services 634 Churchill Drive
(231)724-6717 Muskegon,Ml 49441
FAX (231 )726-2S0 I
Engineering Dear Gary & Laureen:
(23 I )724-6 707
FAX (231)727-6904
Finance
This letter is to inform you that your request to transfer ownership of the 2003
(231)724-6713 SDM licensed business with gas pumps will be presented to the City Commission
FAX (231)724-6768
on June 22, 2004. This meeting begins at 5:30 p.m. and is located in the City
Fire Department Commission Chambers, 933 Terrace, Muskegon, Ml.
(231)724-6792
FAX (23 I )724-698S
This request has also been sent to the Lakeside Neighborhood Association for
Income Tax
(231 )724-6770 their comments. It is Commission practice to let the Neighborhood Association
FAX (231)724-6768 know of any liquor license requests that are located within their boundaries. This
Info. Technology allows for comments from the people who live there and not just from the owners
(231 )724-4126 of the business' who are located there.
FAX (231)722-4301
Inspection Services
(231)724-67 JS Sincerely,
FAX (231)728-4371
Leisure: Services
(231)724-6704
FAX (231)724-1196
Linda Potter
Mayor's Office Deputy Clerk
(23 I )724-6701
FAX (231)722-1214
Planning/Zoning
(23 I )724-6702
FAX (231)724-6790
Pol ice Department
(231)724-67S0
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 (23 I )724-6768
Water Filtration
(23 I )724-4 I 06
Affirmati,·e Ac1ion
123 I )724-6 703
FAX (231)722-1214
Assessor
(23 I )724-6 708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
Wat Mithipn'• Shomine City
City Manager June 17, 2004 www.ahorellnecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405 Ms. Eloise Hieftje, President
Clerk Lakeside Neighborhood Association
(231)724-6705
FAX (231)724-4178 1960 Cutler
Muskegon,MI 49441
Comm. & Neigh.
Services
(23 I )724-6717 Dear Eloise:
FAX (231)726-2501
Engineering We have received three letters from the Liquor Control Commission reference the
(23 I )724-6 707
FAX (231)727-6904 following requests:
Finance
I. George F. Bailey, to transfer ownership of the 2003 Class C-SDM
(231)724-6713 licensed business with dance permit from Jimmy R. Benson and to transfer
FAX (231)724-6768
location from 2805 Sixth Street, Muskegon Hts. to 1920 Lakeshore.
Fire Department 2. Gary & Laureen Samples, to transfer ownership of the 2003 SDM licensed
(231)724-6792
FAX (231)724-6985 business with gas pumps from Marilyn J. Felinski, 1930 Lakeshore Drive.
3. Randhir & Shomatee Billing, to transfer ownership of the 2003 SDD &
Income Tax
(231 )724-6770 SDM licensed business from Karamsar Corporation, 2390 W. Sherman.
FAX (231)724-6768 A Class C license permits the sale of beer, wine, or liquor for consumption on the
Info. Technology licensed premises. A SDM license permits the sale of beer and wine for
(231 )724-4126
FAX (231)722-4301
consumption off the premises only. A SDD license permits the sale of alcoholic
liquor, other than beer and wine, for consumption off the premises only. On
Inspection Services
(231)724-6715 Tuesday, June 22, 2004, the City Commission will review this request and
FAX (231)728-4371 determine whether or not it should be recommended for approval.
Leisure Services
(231 )724-6704 You are being sent this notice because the City Commission would like to know
FAX (231)724-1196
how the Neighborhood Association feels and would appreciate any comments that
Mayor's Office they may have. You may send these comments to 933 Terrace, Muskegon, MI
(231)724-6701
FAX (231)722-1214 49440 or attend the City Commission Meeting on June 22, 2004, at 5:30 p.m. in
Planning/Zoning the Commission Chambers.
(231)724-6702
FAX (231)724-6790
If you have any questions, please feel free to contact me at 724-6705.
Police Department
(231)724-6750
FAX (231)722-5140 Sincerely,
Public Works
(231)724-4100
FAX (231 )722-4188
Treasurer Linda Potter
(231)724-6720
FAX (231)724-6768 Deputy Clerk
Water Billing
(231)724-6718
FAX (23 I )724-6768
Water Fillration
Commission Meeting Date: June 22, 2004
Date: June 8, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developmentc.rbC..
RE: Resolution to Allow Staff Approval of $1 Lots
SUMMARY OF REQUEST:
In order to sell more City-owned lots, thus relieving the burden of maintaining the large
number of tax-reverted property that the City has in it's inventory, the City Commission
approved the Dollar Lot Marketing Plan in late 2003. In the policy final approval of
sales is given to the City Commission. Staff approval of these lots would expedite the
sale of these lots, as well as save time and manpower in the process. In unusual
circumstances, approval would still be sought from City Commission.
FINANCIAL IMPACT:
There would be a saving in staff time to process the sale of $1 lots.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends approval of the request to allow the Planning Department staff
authority to finalize the $1 lots sale, except in exceptional cases.
COMMITTEE RECOMMENDATION:
6/8/2004
RESOLUTION NO. 2004-56 ( i)
MUSKEGON CITY COMMISSION
RESOLUTION TO ALLOW STAFF APPROVAL UNDER THE DOLLAR LOT
MARKETING PLAN
WHEREAS, the City of Muskegon owns many non-buildable/marginal lots and wishes to sell
these lots to adjoining property owners to expand their yards; and
WHEREAS, the Dollar Lot Marketing Plan allows for sale of these non-buildable/marginal lots
for $1 under certain conditions; and
WHEREAS, the City of Muskegon wishes to place these lots into private ownership in the most
expeditious manner; and
WHEREAS, allowing staff approval of $1 lot under the Dollar Lot Marketing Plan would save
the City time and manpower.
NOW, THEREFORE, BE IT RESOLVED that the City Commission hereby grants the City
Planning Department the authority to approve the sale of lots under the Dollar Lot Marketing
Plan and to authorize the Mayor and Clerk to sign the necessary deeds.
Adopted this 22 nd day of June, 2004.
Ayes: Larson, Spataro, Warmington, Davis
Nays: None
Absent: Gawron, Shepherd,
2004-56(i)
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 June 22, 2004. J
.
11
By: --1-~ ~ ~~L~ ~tJI..J..N'
=:_:~ -
Gail Kundinger, M
City Clerk
Commission Meeting Date: June 22, 2004
Date: June 16, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Nine-Month Extension to Complete Construction of Home
SUMMARY OF REQUEST:
To approve a nine-month extension to allow Mr. Lartice Jones extra time to complete
construction of a single-family home at 1292 Ducey Avenue. The original agreement
between the City and Mr. Jones stipulated that construction of the home was to be
completed within 18 months. The City has customarily granted extensions to persons
who have shown that they are dedicated to completing construction and contributing to
the beautification of the City's residential areas. Mr. Jones was recently laid off from his
job and needs time to find another one. Since his 18 months isn't up until September,
he feels that an additional nine months will allow him enough time to secure a job and
move forward with constructing his home ..
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends approval of the time extension, as well as authorization for both the
Mayor and the Clerk to sign the attached resolution and deed.
COMMITTEE RECOMMENDATION:
None.
6/16/2004
Resolution No. 2004-56(j)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING NINE MONTH EXTENSION TO COMPLETE
CONSTRUCTION OF A SINGLE-FAMILY HOME ON DUCEY AVENUE
WHEREAS, Lartice Jones has submitted a request for a time extension; and
WHEREAS, Lartice Jones has shown a commitment to complete cnstruction of his home; and
WHEREAS, the completion of the new home will further enhance the ambiance of the City's
residential area.
NOW THEREFORE BE IT RESOLVED, that Lartice Jones be granted an additional nine
months to complete construction of his single-family home at 1292 Ducey Avenue.
Adopted this 22nd day of June 2004.
Ayes: Larson, Spataro, Warmington, · Davis
Nays: None
Absent Gawron, Shepherd, Carter
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 June 22, 2004.
By: -/:::::~~~~~~~~
Gail Kundinger
Clerk
N
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1292 Ducey Avenue W~E
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Commission Meeting Date: June 22, 2004
Date: June 14, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Establishment of Historic District Commission (HDC)
Study Committee
SUMMARY OF REQUEST:
To appoint a study committee to determine whether the buildings located at 1208 and
1204 Eighth Street should be designated as a historic district. This committee will perform
the necessary research on the Boilerworks property, as well as the adjacent "yellow
building" for the purpose of making a recommendation to the Michigan Historical
Commission and State Historic Preservation Review Board (SHPO) regarding the
establishment of an historic district.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution establishing a study committee for the Boilerworks
property. Staff also recommends appointing Lonna Anguilm as staff to the study
committee.
COMMITTEE RECOMMENDATION:
Historic District Commission (HOC) recommends the creation of the study committee, as
well as the appointment of the following persons to the study committee: Daniel
Chambers, Annette Medema, and Jon Colburn.
6/14/2004
(
Resolution No. 2004-56 ( k)
MUSKEGON CITY COMMISSION
RESOLUTION TO CREATE A STUDY COMMITTEE AND APPOINT MEMBERS TO THE
STUDY COMMITTEE TO PERFORM RESEARCH AND REPORTS AS A
REQUIREMENT FOR ESTABLISHING AN HISTORIC DISTRICT
WHEREAS, the resources located at CITY OF MUSKEGON REVISED PLAT 1903 LOTS
9 THRU 13 BLK 317 (formerly known as Boilerworks) and CITY OF MUSKEGON
REVISED PLAT OF 1903 LOT 7 & 8 BLK 317 (referred to as "the yellow building); and
WHEREAS, a historic district designation allows the use of historic preservation tax credits;
and
WHERE AS, the historic preservation tax credits can only apply to rehabilitation of historic
structures located within an established historic district; and
WHEREAS, under state statute in establishing an historic district (section 399.203 of Public
Act 169), the local legislative body shall appoint an historic district study committee, which
shall be charged to conduct basic research, inventory, and determine the historic
significance of a resource or resources within a proposed historic district; and
WHEREAS, the study committee shall perform the basic research and reports to meet the
requirements of the state statute; and shall be charged to perform one specific project and
then dissolved.
NOW THEREFORE BE IT RESOLVED, that a study committee be created to consider this
specific proposed historic district.
Adopted this 22 nd day of June, 2004.
Ayes: Larson, Spataro, Warmington, Davis
Nays: None
Absent: Gawron, Shepherd, Carter
Gail Kundinger, MMC
City Clerk
CERTIFICATION
2004-56(k)
I attest that the foregoing constitutes a true and complete copy of a resolution adopted by
the Muskegon City Commission, County of Muskegon Michiga z , at regular meeting held
on June 22, 2004. ,
CL.J.. .
Gail Kundinger, MCC
Clerk
Commission Meeting Date: June 22, 2004
Date: June 4, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cf!J(_
RE: Sale of Non-Buildable Lot at 1660 Seventh Street
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable (Parcel #24-205-440-0004-00) at 1660
Seventh Street to Theresa Strother, 1640 Seventh Street, Muskegon, Ml. Approval of
this sale will allow the owner to have a home located on a buildable lot and also to
expand her current yard. This parcel is a portion of a larger lot composed of 3
combined lots and will be offered to Ms. Strother for $1 under the Dollar Lot Marketing
Plan.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed 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 the resolution and deed.
COMMITTEE RECOMMENDATION:
6/4/2004
CITY OF MUSKEGON
RESOLUTION #2004-56 ( 1)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Theresa Strother, 1640 Seventh Street,
Muskegon MI 49441 for the purchase of a vacant, 11011-buildable, City-owned lot located
adjacent to her property at 1640 Seventh Street, Muskegon (parcel #24-205-440-0004-00); and
WHEREAS, this lot is considered non-buildable under the City's Dollar Lot Marketing Plan; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City. of further maintenance; and
WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 BLK 440 LOT 4 be sold to Theresa Strother for $1.
Resolution adopted this 22nd day of June, 2004.
. '
Ay~: Larson, Spataro,. Warmington, Davis
Nays: None
Absent: Gawron, Shepherd, Carter
2004-56(1)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on June 22, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~c0.o_L~r -
Gail A. Kundinger, MMC
Clerk
N
Vacant Non-Buildable City-Owned Lot
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to THERESA STROTHER, of I 640 7ili Street, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF I 903 BLK 440 LOT 4
for the sum of: One Dollar ($ I .00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this _'2_!.!'_ day of____.J,L""'-1-t.J<flc.__ _ _ , 2001,_.
Signed in the presence of:
c/;41&1 ~
STA TE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on 2001,_ by Ju ft
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor a~Clerk, respectively, of the CITY
?,
OF MUSKEGON, a municipal corporation, on behalf of the City.
(NOTARY SEAL) dun,e& ~- ~ /
/.,nr/2 S & fl:t'r , Notary Public
Acting in the County of l2Jt,, , k~ o~
PREPARED BY: John C. Schrier @us J:~o o County, Michigan
Parmenter O'Toole My Comm. xpires: ? ·- d ~--- 0 6
175 W. Apple Avenue/P.O. Box 786
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: June 22, 2004
Date: June 14, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Non-Buildable Lot - 1858 S. Getty Street
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-215-001-0009-00) at
1858 S. Getty Street to Rebecca Stout, owner of 1852 S. Getty Street and Lucille
Homan, 1862 S. Getty Street, Muskegon, Ml 49442. Approval of this sale will allow
both property owners to own houses located on a buildable lot, as well as allowing both
to expand their current yards. As is required by City policy, the subject parcel is being
offered for $1 to each property owner, and will be split between Ms. Stout and Ms.
Homan under the Dollar Lot Policy.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed 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 the resolution and deed.
COMMITTEE RECOMMENDATION:
6/14/2004
CITY OF MUSKEGON
RESOLUTION# 2004-56 ( rn)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 each from Rebecca Stout, 3895 Lake Harbor,
Muskegon, MI 49441 and Lucille J. Homan, Et Al, 1862 S. Getty Street, Muskegon, MI 49442
for the purchase of a vacant, City-owned lot located adjacent to their properties at 1858 S. Getty
Street (parcel #24-215-001-0009-00); and
WHEREAS, this lot is considered non-buildable under the City's Zoning Ordinance; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City for non-buildable lots.
NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON CONTINENTAL ADD
LOT 9 BLK 1 be sold to Rebecca Stout and Lucille J. Homan, Et Al for $1 each.
Resolution adopted this 22nd day of June, 2004.
Ayes: Larson, Spataro, Warmington, Davis
Nays: None
Absent: Gawron, Shepherd, Carter
2004-56(m)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on June 22 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
Gail A. Kundinger, MMC
Clerk
N
Vacant Non-Buildable City-Owned Lot
1858 S. Getty Street W~E
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to LUCILLE J, HOMAN, ET AL, of 1862 S. Getty Street, Muskegon, Michigan 49451,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON CONTINENTAL ADDS½ LOT 9 BLK I
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, lfthe Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated t h i s ~ day of_sJ(=:,-s/..;,'-''----' 2004.
0
Signed in the presence of:
4/4(,l"'ot-t-/ ~
L,,,,d,., er
~ C1-..,__, KRu.~ Gl
-l I C"::) r,r, Ko <J /4 w ',, '{. i
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this l/2 day of ,Tu h IJ, ,
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier
dmJlo .e0 &tu
Li,, da S. /4 r/-er , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.0. Box 786 My Comm. Expires: 9-,;i,,s--o C,
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
S:\P!anning\COMMON\Property\Non-Bui!dable Lot Sales\2004 Non-Buildable lot Sales\1858 s getty\deeds.doc
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to REBECCA STOUT, of 3895 Lake Harbor, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON CONTINENTAL ADD N ½ LOT 9 BLK I
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated t h i s ~ day of <fa /JI , 2004.
Signed in the presence of: '• "\
..
~-·
d«,~
L,,ic(,.
&/4.
/1ot-,,.er ayor
~~~~~:,~ I
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this t
fl, day of , L {y,- ,
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier =: A
~da /oMrr- S
£itu
,Notary Public
Parmenter OToole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 7 ·-.;? <)-- 0 t:,
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: June 22, 2004
Date: June 8, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CJ!;;c_
RE: Sale of Buildable Vacant Lot- 812 Murphy Street
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 812 Murphy Street (Parcel #24-205-200-
0006-00) to Neighborhood Investment Corporation (NIC), of 1115 Third Street, Muskegon,
Ml. The lot is 140 x 66 ft. and is being offered to NIC for $3,000. The lot will be combined
with other private and City properties as part of the Farmer's Market Area Housing
Development. The True Cash Value (TCV) for the property listed in the Assessor's office is
$4,000, so our price is set at $3,000 which is 75% of that amount.
FINANCIAL IMPACT:
The sale of this lot, as well as two others, for construction of several new homes 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:
6/8/04
Resolution No. 2004-56 ( n)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 812 MURPHY
STREET IN ANGELL NEIGHBORHOOD FOR $3,000.
WHEREAS, Neighborhood Investment Corporation has placed a $400 deposit for the parcel
designated as parcel number 24-205-200-0006-00, located at 812 Murphy Street; and
WHEREAS, the price for parcel number 24-205-200-0006-00 is set by the City at $3,000, 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.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-200-0006-00, located at
812 Murphy Street be sold to Neighborhood Investment Corporation for $3,000.
CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE LOT 6 BLK 200
Adopted this ~ day of June, 2004
Ayes: Larson, Spataro, Warmington, Davis
Nays: None
Absent Gawron, Shepherd, Carter
2004-56(n)
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 June 22, 2004. ~
By: tl~ ~~•
Gail Kundinger, M
City Clerk
'
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to NEIGHBORHOOD INVESTMENT CORPORATION, of 1115 Third Street, Muskegon,
Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON RE\:ISED PLAT OF 1903 ENTIRE
LOT 6 BLOCK 200 (COMMON ADDRESS: 812 Murphy Street)
for the sum of: Three Thousand Dollars ($3,000.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family home on the
premises herein conveyed within eighteen (I 8) months after the date hereof. In default of such construction, title to
that lot 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
11
assigns. Buyer shall remove only those trees necessary for construction of the home and driveway. Complete
construction" means: (!) issuance ofa residential building permit by the City of Muskegon; and, (2) in the sole
opinion of the City of Muskegon's Deputy Director of Public Safety, substantial completion of the dwelling
described in the said building permit. In the event of reversion of title, improvements made thereon shall become
the property of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with one(!) single family home on each lot, and each lot 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).
Dated t h i s ~ day of~,LL14'-<~f;,.;,<''---------' zooJ:'._.
Signed in the presence of:
($414-0,4 ~
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on Ju ~v' 200£ by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor anderk, respectively, of the CITY
t,
OF MUSKEGON, a municipal corporation, on behalf of the City.
(NOTARY SEAL)
L,11 da S. &t-1-0-: , Notary Public
Acting in the County of /J2u ,£ ~ o a
PREPARED BY: John C. Schrier
Parmenter O'Toole
mu., kt,;o
My Comm.
/1
xpires:
County, Michigan
9- .;z,r - O Ce
175 W. Apple Avenue/P.O. Box 786
Muskegon,MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made _ _ _ _ _ _ _ _ _ _ , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and NEIGHBORHOOD INVESTMENT CORPORATION,
1115 Third Street, Muskegon, Michigan 49441 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal 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 REVISED PLAT OF 1903 ENTIRE LOT 6 BLOCK 200
(COMMON ADDRESS: 812 MURPHY STREET)
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 Three Thousand Dollars ($3,000.00).
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 or 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 forty-five (45) days from the date Seller is
notified in writing of such unreasonableness of restriction and such umnarketability 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
transaction. Buyer may only remove those trees necessary for construction of the home and
driveway. The home shall be substantially completed within eighteen (I 8) months and, in the
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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 each 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
WANES 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.
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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.
10. Delivery of Deed. Seller shall execute and deliver a Quit Claim deed to Buyer at
Closing for the Premises.
11. 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 ofrecording 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.
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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:
BUYER:
PREPARED BY:
John C. Schrier (P36702)
PARMENTER O'TOOLE
175 W. Apple Avenue
Muskegon, Michigan 49440
Phone: (231) 722-1621
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Policy or Policies issued pursuant to this commitment are underwritten by:
First American Title Insurance Company
SCHEDULE A
Commitment No.: 22729
2202
January 07, 2005
1. Commitment Date: December 02, 2004@ 8:00 AM
2. Policy or Policies to be issued:· Policy Amount
(a) Residential Title Insurance Policy $3,000.00
Proposed Insured:
Neighborhood Investment Corporation, a Michigan
Policy or Policies to be issued: Policy Amount
(b) ALTA Loan Policy (10-17-92)
Proposed Insured:
3. The Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by:
City of Muskegon
4. The land referred to in this Commitment, situated in the County of Muskegon, City of Muskegon, State of
Michigan, is described as follows:
Lot(s) 6, Block 200, Revised Plat (of 1903) of the City of Muskegon according to the recorded plat thereof.
812 Murphy Street
Issuing Agent: Metropolitan Title Company
. America's Premier Title Agency
For questions regarding this commitment contact your local
Metropolitan Title Company (231) 733-6201 or fax to (231) 733-5418
3044 Glade St., Muskegon, MI 49444
Metropolitan Title Company
3044 Glade St.
Muskegon, Ml 49444
Schedule B - Section I
REQUIREMENTS
Commitment No.: 22729
General Requirements
The following requirements must be met:
(a) Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and
duly filed for record.
(b) Payment of the full consideration to, or for the account of, the grantors or mortgagors should be made.
(c) Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and
payable should be made.
( d) Pay us the premiums, fees and charges for the policy.
(e) You must tell us in writing the name of anyone not referred to in this Commitment who will receive an interest in
the land or who will make a loan on the land. We may make additional requirements or exceptions.
(f) Submit completed Owner's Estoppel/Affidavit/ALTA Statement on the form provided by this company and signed
by or on behalf of all owners.
Specific Requirements
1. RECORD WARRANTY DEED FROM CITY OF MUSKEGON TO NEIGHBORHOOD INVESTMENT CORPORATION, A
MICHIGAN.
2. PROVIDE SATISFACTORY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MUSKEGON AUTHORIZING THE
PROPOSED SALE AND DIRECTING THE PROPER INDIVIDUAL TO EXECUTE DOCUMENTS ON BEHALF OF THE
CITY OF MUSKEGON.
2
Metropolitan Title Company
3044 Glade St.
Muskegon, Ml 49444
Schedule B - Section II
EXCEPTIONS
Commitment No.: 22729
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
Defects, liens encumbrances adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record
the estate or interest or mortgage thereon covered by this Commitment.
Genera/Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
3. Easements, or claims of easements, not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown on the public records.
5. Taxes or special assessments which are not shown as existing liens by the public records.
Specific Exceptions
1. Taxes are exempt.Tax Item No. 61-24-205-200-0006-00
3
Commitment for Title Insurance
FIRST AMERICAN TITLE INSURANCE COMPANY.
We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date
shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our
obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued
and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-Section I.
The Exceptions in Schedule B-Section II.
The Conditions below.
This Commitment is not valid without Schedule A and Sections I and II of Schedule B.
Conditions:
1. Definitions:
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title
records that give constructive notice of matters affecting the title according to the state statutes where the
land is located.
2. Later Defects
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that
appear for the first time in the public records or are created or attached between the Commitment Date and
the date on which all the Requirements (a) and (c) of Schedule B- Section I are met. We shall have no
liability to you because of this amendment.
3. Existing Defects
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amended Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information
and did not tell us about it in writing.
4. Limitation of Our Liability
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment,
our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in
good faith to:
comply with the Requirements shown in Schedule B - Section I OR
eliminate with our written consent any Exceptions shown in Schedule B - Section II
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. Claims must be based on this Commitment
Any claim, whether or not based on negligence, which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
Issued by: First American Title Insurance Company through its agent:
Metropolitan Title Company
3044 Glade St.
Muskegon, Michigan 49444
Ph: (231) 733-6201 or Fax to: (231) 733-5418
EXHIBIT A
LEGAL DESCRIPTION
Land situated in the City of Muskegon, County of Muskegon, State of Michigan, is described as follows:
Lot(s) 6, Block 200, Revised Plat (of 1903) of the City of Muskegon according to the recorded plat thereof.
Tax Parcel Number(s): 61-24-205-200-0006-00
Metropolitan Title Company
America's Premier Title Agency File Number: 22729
Metropolitan Title Company
3 044 Glade St.
Muskegon, MI 49444
Phone: (231) 733-6201 I Fax: (231) 733-5418
PR: METRO Ofc: 2202
Invoice
To: Muskegon City Treasurer Invoice No.: 2802238
933 Terrace St., P.O. Box 536 Date: 12/10/2004
Muskegon,Ml49443
Our File No.: 22729
Title Officer: I
Escrow Officer: I
Customer ID: 60033
Attention: Mr. Griffin
Your Reference No.:
RE: Property: Liability Amounts
812 Murphy Street, Muskegon, MI 49442 Owners: $3,000.00
Lenders:
Buyers: Neighborhood Investment Corporation
Sellers: City of Muskegon
Description of Charge Invoice Amount
Owners Premium $190.00
INVOICE TOTAL $190.00
Comments: CC to:
Muskegon City Treasurer
Neighborhood Investment Corp.
No Reissue Credit
Thank you for your business!
To assure proper credit, please send a copy of this Invoice and Payment to:
Attention: Accounts Receivable Department
Printed On: 12/10/2004,6:17 AM Requester: KF Page: I
"DUE-ON-SALE" DISCLOSURE AND ACKNOWLEDGMENT
File Number: 22729
Date: January 18, 2005
Property Address: 812 Murphy Street, Muskegon, MI 49442
By signing this statement the undersigned acknowledge the following:
1. That all closing documents prepared by Metropolitan Title Company are prepared at the direction and request of
the parties to the transaction, their real estate agent(s)/broker(s) or their attorney(s).
2. That Metropolitan Title Company is not acting as my/our agent, attorney, representative or
fiduciary, at this real estate closing.
3. That Metropolitan Title Company's employee who has attended this closing represents only Metropolitan Title
Company.
4. That Metropolitan Title Company's employee has identified certain documents to me/us as he/she has presented
them to me/us for signing, but has not given me/us legal advice as to the meaning or effect of the
documents. I/We understand that any of his/her statements about the documents are not legal advice to
me/us. If I/we have an attorney, that attorney is my/our only attorney in this transaction.
5. That the mortgage presently affecting the property contains a "due-on-sale" clause which permits the lender to
call the loan immediately due and payable upon a sale or transfer by the original borrowers.
6. That the Seller(s) and Purchaser(s) understand and assume all risks involved with the sale of the property without
paying off the underlying mortgage or obtaining a waiver of the due on sale clause, and Seller(s) and
Purchaser(s) hereby hold harmless Metropolitan Title Company from any claim or loss relating thereto.
7. That the Seller(s) and Purchaser(s) hereby acknowledge that said mortgage may be in default and are willing to
proceed with this transaction. Furthermore, both Seller(s) and Purchaser(s) agree to hold harmless Metropolitan
Title Company from any claim or loss relating thereto.
8. That the title policy, when issued, will contain all of the exceptions titled noted on the commitment, unless such
exceptions are removed to the satisfaction of Metropolitan Title Company at closing.
9. That I/we have either read all of the closing documents or are responsible for our own failure to have read them.
I/We understand that Metropolitan Title Company is not responsible for explaining to me/us the
effect of the documents I/we have signed.
10. That I/we have read this statement and understand it.
Seller(s): Purchaser(s):
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Metropolitan Title Company
America S Premier Title Agency File Number: 22729
OWNER'S AFFIDAVIT/ESTOPPEL CERTIFICATE
{To be executed by all parties shown as vested owners in the commitment for title insurance.)
Affiant makes the representations contained herein to induce the purchaser and/or lender to consummate the transaction
referenced in the commitment, to obtain the proceeds of the sale or loan, and to induce Metropolitan Title Company to issue a
policy(s) of title insurance on behalf of the underwriter named in the commitment. Affiant further agrees that in the event it is
determined there are unpaid charges which were due and payable prior to and including the date of closing, and which are the
responsibility and obligation of the Affiant, that the Affiant shall pay any and all amounts so charged and shall provide proof of
payment of same to Metropolitan Title Company. Affiant further agrees and covenants, if requested by Metropolitan Title
Company to fully cooperate and adjust for clerical errors in any closing documents, including but not limited to, repayment of
any overpayments and executing duplicate closing documents.
The undersigned, being first duly sworn, deposes and says as follows:
1. That Affiant is 18 years of age or older, is a citizen of the United States, has not married or divorced since purchasing the real
estate, and has not used or been known by any other name;
2. That Affiant is the owner of certain premises described in Commitment No. 22729, and has not filed, nor is subject to any
bankruptcy, receivership, or insolvency proceedings;
3. That the Affiant is in possession of said property and there are no other parties in possession or claiming rights of possession;
(NONE, unless
noted)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
4. That Affiant has no knowledge of any unrecorded water, mineral, gas or oil rights unrecorded easements or claims of
easements, boundary line disputes or claims of such grants or rights relative thereto; (NONE, unless noted),_ _ _ _ _ __
5. That there are no proceedings instituted or undertaken by anyone which will result in a lien or special assessment upon the
premises. There are no delinquent taxes, special assessments, water bills, utility bills, or Homeowner's Association fees coverin•
subject property; (NONE, unless noted) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
6. That there have been no improvements made nor labor or materials furnished to the premises within the last 90 days; (NONE,
unless noted)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ - - - - - - - - -
7. That Affiant has no knowledge of any other matters affecting the title including but not limited to: mortgages, liens, land
contracts, options or other encumbrances other than those which are being paid from the sale or loan proceeds. (NONE, unlesi
noted) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Subscribed and sworn to before me this
1qm'.]~~~.&:a:>
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Notary Public: Notary P~bllc, ·Muskegon county, Ml
County in Michigan : My commissiion Expires 11-15-2006
Commission Expires: Acting la Muskegon County
To induce Metropolitan Title Company to issue a policy of title insurance on behalf of the underwriter named in the above
Commitment No. 22729 insuring the mortgage and the title to the land described therein, the undersigned mortgagor(s)
acknowledge that incident to the closing of the mortgage upon the lands, the mortgagee(s) caused the full sum of$ the amount
secured thereby, to be paid to the undersigned or for the benefit of and by the direction of the undersigned. The undersigned
further certify that, unless otherwise indicated, the property is owned and occupied exclusively by them on the date hereof. The
undersigned further certify that they are 18 years of age or older. The undersigned borrower(s), for and in consideration of,
Lender, this date funding the closing of the above referenced property more fully described in the commitment agrees, if
requested by Lender or Closing Agent for Lender, to fully cooperate and adjust for clerical errors in any loan closing documents,
including but not limited to, repayment of any overpayments and executing duplicate loan documents. The Undersigned
borrower(s) do hereby so agree and covenant in order to assure that the loan documentation executed this date will conform and
be acceptable in the market place in the instance of transfer, sale or conveyance by Lender of its interest in and to said loan
documentation.
Notary Public:
v1r.1<1 L. AW)rc"<>..SON
County in Michigan: Notary , r ,,, ... ,,,no County, Ml
Commission Expires: M\' Consr,,;_c,,- 1-15-2006
.(·'.:tuQ 111 l\l1Uii.(10yun County
WMI, Muskegon #2802 Commitment No.: 22729
NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS
We want you to know that the privacy and confidentiality of your personal information is very important to Metropolitan
Title Company . We value your business and we want to retain your trust. In the course of providing products and
services to you, we may obtain nonpublic personal information about you. We are required by law to provide you with
this notice in order to inform you how Metropolitan Title Company collects, uses and safeguards your nonpublic personal
information. This notice also tells you how you can limit our disclosure of personal information about you.
What Information Do We Collect
We may obtain nonpublic personal information about you from the following sources:
• Information we receive from you from applications or other forms;
• Information about your transaction with us from our files or from our affiliates;
• Information about your transaction with nonaffiliated third parties such as your real estate agent or lender;
The information we obtain includes, but is not limited to, your name, address, social security number, employer, income,
account information from financial institutions, parties to a transaction and credit card usage.
What Information Do We Disclose
To meet your needs with quality products and services we may disclose any of the above information that we collect
about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law.
AFFILIATES
Our affiliates are the family of companies controlled by Metropolitan Title Company or under common control with
another company. We may share the types of information described above, as permitted by law, with our affiliates for
purposes of marketing or market research.
NON-AFFILIATES
Nonaffiliated third parties are those not part of the family of companies controlled by Metropolitan Title Company or not
under common control with another company.
Service Providers, Contractors
Any service providers or contractors used by Metropolitan Title Company are required to follow the terms of our Privacy
Policy. Access to your nonpublic personal information by a service provider or contractor is restricted to the purpose for
which they have been retained by Metropolitan Title Company .
Joint Marketing
We may disclose your personal information to a nonaffiliated third party that we have an agreement with to perform joint
marketing of products or services that we feel may interest you.
other Non-Affiliates
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
METROPOLITAN TITLE COMPANY DOES NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT THEIR
CUSTOMERS OR FORMER CUSTOMERS EXCEPT, AS PERMITTED OR REQUIRED BY LAW.
The Confidentiality and Security of Your Nonpublic Personal Information
Metropolitan Title Company restricts the access to your nonpublic personal information to those employees who need to
know the information in order to provide products and/or services to you. Our employees are required to maintain the
confidentiality and privacy of our customers. We maintain physical, electronic and procedural safeguards that comply
with federal regulations to guard your nonpublic personal information.
Changes to this policy
We may amend this policy at any time, and we will inform you of any changes as required by law.
Your Privacy Choices
The law allows us to share with our affiliates your personal information and information about our transactions or
experiences with you. The law also allows us to share your personal information with our contractors and service
providers.
If you prefer that we not disclose information about you to nonaffiliated third parties, you may direct us not to share this
information by calling the Corporate Office at 1-800-848-5375 or by writing to us at 622 East Grand River, Howell,
Michigan 48843. Please provide your name, address including city and state of the property and our file number.
TAX PRORATION AGREEMENT/ ACKNOWLEDGEMENT
File Number: 22729
Date: January 18, 2005
Reference: I
Property Address: 812 Murphy Street, Muskegon, MI 49442
Seller and Purchaser Acknowledge and Agree as Follows:
1. That the parties hereto have settled the proration of taxes and assessments by the method reflected on the
settlement statements signed at the closing, and these statements constitute final settlement. Any prior agreement
between parties shall be deemed as modified hereby.
2. The Purchaser acknowledges and agrees:
a) that all real estate taxes billed on or a~er this date are the sole responsibility of the Purchaser.
b) that the Purchaser shall make any necessary arrangements to obtain all future tax bills. Purchaser
acknowledges it is not the responsibility of Metropolitan Title Company to notify any Treasurer of change in
ownership.
3. The Seller acknowledges and agrees:
a) that the Seller represents and warrants to the Purchaser and Metropolitan Title Company and its underwriter
that all outstanding taxes and assessments including but not limited to all sewer and water charges, road
paving, maintenance charges, trash collection charges, weed charges, association dues, penalties, and
administration fees have been paid in full by the Seller.
or
b) that, if not previously paid by the Seller, all outstanding taxes and assessments including but not limited to all
above said items shall be deducted from the Sellers proceeds as reflected on the settlement statement.
c) that the Seller has not received any notification of any future assessments and has no knowledge of any
improvement or maintenance undertaken by any municipality or association.
d) that the Seller will immediately pay any taxes and assessments including but not limited to the above said items
(Paragraph 3a) which may subsequently be discovered to have been a lien on the property or incurred prior to
the date of closing.
4. Seller and Purchaser acknowledge and agree:
a) That any settlement to the proration of taxes or assessments is a matter entirely between the Seller and
Purchaser, and that neither the Seller nor the Purchaser is relying on advice from Metropolitan Title Company in
determining method of statement.
b) That Metropolitan Title Company is relying on the agreement of the Seller and Purchaser as reflected in the
settlement statements in order to disburse funds.
c) That, except for the failure of Metropolitan Title Company to properly account for the funds provided to it, Seller
and Purchaser jointly and severally agree the indemnify Metropolitan Title Company for any loss or damage,
including but not limited to reasonable attorney fees incurred as a result of failure to comply with this
agreement.
d) That Seller and Purchaser acknowledge Metropolitan Title Company and its underwriter are relying on the
representations made herein for the purpose of closing the real estate transaction referenced herein and are
disbursing funds based on upon such reliance.
Seller(s): Purchaser(s):
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Metropolitan Title Company
America S Premier Title Agency File Number: 22729
CLOSING AGREEMENT
File Number: 22729
Date: January 18, 2005
Property Address: 812 Murphy Street, Muskegon, MI 49442
It is agreed, between the urcha~;-rcs) and. Seller(s) of this property that all contingencies and addendums to the Offer to
Purchase thereto, dated
parties concerned.
6 -6l -{25 have been met or are hereby resolved or removed to the satisfaction of the
Purchaser(s) understand and acknowledged that he/she/they are buying the property in an "As Is" condition and that
neither the Seller(s) nor Realtor(s) make any warranties as to the land and structure purchased or the condition.
Seller(s): Purchaser(s):
'
/~~L 2---·-'ffi,#:::t~
,:
Metropolitan Title Company
America's Premier Title Agency File Number: 22729
OMBApproval N o. 2502 0265
A. Settlement S!atement T11n1> nf I n::in
"
1-5. Loan Type Conv. Unins.
Metropolitan Title Company ,. File Number 22729
Final Statement
7. loan Number
•• Mortgage Insurance Case Number
C. Note: This form Is fumished to give you a slatemenl of aclual setUemen\ cos ls. Arnoun\s paid to and by the saltlcmont agent am shown, items marked "(POC)' were paid ou\side !his dosing; they are shown
here for infoona~onal purposes and are no! includITTI in lhe totals.
D. Name of Borrower: Neighborhood Investment Corporation
1115 Third SI, Muskegon, Ml 49441
E. Name of Seller: City of Muskegon
933 Terrace St. Muskegon, Ml 49440
F. Name of lender:
G. Properly Location: 812 Murphy Street, Muskegon, Ml 49442
H. Settlement Agent: Metropolifan_ Tille Company ,.
Address: 3044 Glade St., Muskegon, Ml 49444 Settlement Dale: 01/18/2005
Place of Settlement Address: 3044 Glade St., Muskegon, Ml 49444 Print Dale: 01/19/2005, 10:40 AM
Disbursement Date: 01/18/2005
J. Summaiy of Borrower's Transaction K. Smnma!)' of Seller's Transaction
100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller
101. Contract Sales Price 401. Contract Sales Price 3,000.00
102. Personal Property 402. Personal Property
103. Settlement charges lo borrower (line 1400) 403. To1al Deposits
!04. 404.
105. 405.
,djustmenls for items paid by seller in advance Adjustments for items paid by seller in advance
106. City/town taxes 406. Cityllowo laxes
107. County!axes 407. County laxes
108. Assessmen1s 408. Assessmen1s
109. 409.
I 10. 410.
11 411.
12. 412.
13. 413.
14. 414.
15. 415.
20. Gross Amount Due From Borrower 420. Gross Amount Due To Seller 3,000.00
00. Amounts Paid By Or In Behalf of Borrower 500. Reductions In Amount Due to Seller
01. Deposit or earnest money 501. Excess deposit {see instructions) .
02. Principal amount of new loan(s/ 502. Selllement charges (line 1400) 340.00
03. Existing loan(s) taken subject 503. Existing Joan(s) taken subject to
04. 504. Payoff of first mortgage loan
05. 505. Payoff or second mortgage loan
06. 500.
07. 507.
08. 508.
J9. 509.
djuslments for Items unpaid by seller Adjustments for Items unpaid by seller
10. Cityllown !axes 510. City/lown taxes
11. County taxes 511. County taxes
12. Assessments 512. Assessman!s
13. 513. Buyer Deposit 400.00
14. 514.
15. 515.
16. 516.
17. 517.
18. 518.
19. 519.
!O. Total Paid By/For Borrower 520. Total Reduction Amount Due Seller 740.00
10. Cash At Settlement FromfTo Borrower 600, Cash At Settlement To/From Seller
11. Gross amount due from Borrower (line 120) 601. Gross amount due to Seller (line 420) 3,000.00
12. less amounts paid by/for Borrower (line 220) 602. Less reductions in amounts due to Seller (line 520) 740.00
•3. 603. Cash{XTo)( From)Seller 2,260.00
1e HUD-1 Selllement Statement which t have p r ~ }a~ccurate account ol this transaction. I have caused or will cause the funds lo be
sbursed in accordance w1 ,ir sto/111llt.
. / ' ) f) / /?fvv7
.
~ttfement AQent: _ 1
See Supplemanlal Page for de!a1ls.
Date:.~
File No 22729
L. Settlemen!Charges
700. Total Sales/Broker's Commission based on price $3,000.00@ 0.0000% = $0.00
Division or Commission (line 700) as follows Paid From
Paid From
701.
Borrower's Seller's
702.
703. Commission paid at Settlement
704.
BOO. IIems Payable in Connectlori with loan
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Premium
807. Assumption Fee
808.
809.
810.
811.
812.
813.
I! "'·
Supplemental Summary
900. Items ReQulred bv Lender to be Paid in Advance
i 901. Interest
: 902.
903. Hazard Insurance Premium for
904.
905.
Supplemental Summary
1000. ReseNes Deoosited with lender
1001. Hazard Insurance
1002. Mortgage Insurance
1003. Clly Property Taxes
1004. County Property Taxes
1005. Annual assessments
1006.
1007.
1008. Aggregate Accounting Adjustment
1100. Title Charqes
1101. Selt!ementor closing fee - Me!ropolilan Title Company 150.00
1102. Abslract or liUe search
1103. Title examination
1104. Title Insurance Binder
1105. Document Fee
1106. Notary Fee
1107. Attorney Fee
(includes aOOve item numbers:)
1108. Title Insurance - See supplemental page for breakdown of indiv!dual fees and payees 190.00
finc!udes above i(em numbers: I
1109. Lender's coverage $0.00
1110. Ownel's coverage $3,000.00 Piemlum: $190.00
1111. Recording Processing Fee - Metropolitan Tille Company
1112.
1113,
1114.
1115.
1116.
1117.
1200. Government Recordin!l and Transfer Cha mes
1201. 'Recording fees; Deed $18.00 Mortgage $0.00 Release $0.00
1202. City/county lax/stamps:
1203. Slate tax/stamps:
1204.
1205.
1206.
1300, Additional Settlement Charges
1301. Survey to
1302. Pest Jnspeclion to
1303.
1304.
1305.
1306.
1307.
1308.
1309.
1310.
1311.
1312.
1313.
1314.
Supplemental Summary
340.00
1400. Tota! Settlement Charges {enter on lines 103, Section J and 502, Section K)
See Supp!ernental Page for de!a1as.
File No.
Supplemental Page 22729
HUD-1 Settlement Statement
Loan No.
Metropolitan Title Company
Final Statement
Settlement Date;
01/18/2005
Borrower Name & Address: Neighborhood Investment Corporation
1115 Third St, Muskegon, Ml 49441
Seller Name & Address: City of Muskegon
933 Terrace SI. Muskegon, Ml 49440
Paid From Paid From
Section L Settlement Charges conllnued Borrower's Seller's
Funds at Funds at
Settlement Settlement
1108. Supplemental Summary 190.00
a) Dwners Premium - Melropoli!an Title Company 190.00
1201. Supplemental Summary 18.00
a) Deed Recording Fee- Register of Deeds
The following Section is restated from the Settlement Statement Page 1
JOO. Casi\ Al Settlement FromfTo Borrower 600. Cash At Settlement To/From Seller
301. Gross amount due from Borrower (line 120) 601. Gross Amount due to Seller (line 420) 3,000.00
302. Less amounts paid by/for Borrower (line 220) 601. Less reductions in amounts due to Seller (line 520) 740.00
303, 603, Cash (X To) { From) Seifer 2,260.00
Ihave carerully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, ii is a true and accurate statement of all receipts and
distributions made 011 my account or by me in this transaction. I further certify that l have received a copy of the HUD-1 Sett!ement Statement.
SELLER(S):
City of Muskegon
By: Lonna Anguilm, Pl nner 3 for City of
Muskegon
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Te~·ace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to NEIGHBORHOOD INVESTMENT CORI,ORATION, of 1115 Third Street, Muskegon,
Michigan 49441,
the following described preffilses situated in the City ofMuskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE
LOT 6 BLOCK 200 (COMMON ADDRESS, 812 Mmphy Sn·eet)
for the sum of: Three Thousand Dollars ($3,000.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (1) single family home on the
premises herein conveyed within eighteen (18) months after the date hereof. In default of such construction, title to
that lot 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: (1) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole
opinion of the City o'rMuskegon's Deputy Director of Public Safety, substantial completion of the dwelling
described in the said building pe1mit. In the event of reversion of title, improvements made thereon shall become
the property of Granter. Provided, further, that Grantee covenants that the parcel described above shall be improved
with one (1) single family home on each lot, and each lot 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).
Dated this .J5_ day of }J:t.).Lj,U ™1J , 20Ql.
Signed in the presence of:
da, -h --J &t6-1
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on Ju ~u t{. 200£ by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and erk, respectively, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.
(NOTARY SEAL) ~Ao ~. UA~,-
L1hda S. &fn.c ,NotaryPublic
Acting in the County of ___Ll}_u__,_..s_kr;pon
PREPARED BY: John C. Schrier _;l'}Jr,,, ,; k,;,,:, o 11 County, M_ichigan
Pannenter O'Toole My Comm.1fapires: 9- o7u~~ OG
175 W. Apple Avenue/P.O. Box.786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOC1.Th1E~ l\anguilmlLOCALS~ 1\TemplBL7983.DOC
Commission Meeting Date: June 22, 2004
Date: Junes, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department Cf31:.--
RE: Sale of Buildable Vacant Lot - 243 E. Walton Ave.
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 243 E. Walton Avenue (Parcel #24-205-200-
0001-00) to Neighborhood Investment Corporation (NIC), of 1115 Third Street, Muskegon,
Ml. The lot is 297 x 141 ft. and is being offered to NIC for $6,000. The lot will be combined
with other private and City properties as part of the Farmer's Market Area Housing
Development. The True Cash Value (TCV) for the property listed in the Assessor's office is
$8,000, so our price is set at $6,000 which is 75% of that amount.
FINANCIAL IMPACT:
The sale of this lot, as well as two others, for construction of several new homes 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:
618104
Resolution No. 2004-56 ( o)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 243 E WALTON
A VENUE IN ANGELL NEIGHBORHOOD FOR $6,000.
WHEREAS, Neighborhood Investment Corporation has placed a $400 deposit for the parcel
designated as parcel number 24-205-200-0001-00, located at 243 E. Walton Avenue; and
WHEREAS, the price for parcel number 24-205-200-0001-00 is set by the City at $6,000, 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 ofbuildable lots.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-200-0001-00, located at
243 E. Walton Avenue be sold to Neighborhood Investment Corporation for $6,000.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 THRU 4 ALSO WLY
½ VAC RATHBORNE ST LYING NELY AND ADJ TO LOT 1 ALL BLK 200
Adopted this 22 nd day ofJune, 2004
Ay~: Larson, Spataro, Warmington, Davis
Nays: None
Absent Gawron, Shepherd, Carter
Steph . J. Wannmgton
May F /
Attest: ~ ~
Gail Kundinger,MC
City Clerk
2004-56(0)
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 June 22, 2004.
By: -----'-=-=
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·
Gail Kundinger,
City Clerk
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made _ _ _ _ _ _ _ _ _ _ , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and NEIGHBORHOOD INVESTMENT CORPORATION, of
1115 Third Street, Muskegon, MI 49441 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal 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 REVISED PLAT OF 1903 LOTS 1 THRU 4
ALSO WLY ½ V AC RATHBORNE ST LYING NELY AND ADJ
TO LOT 1 ALL BLK 200 (COMMON ADDRESS: 243 E. Walton Avenue)
Subject to the reservations, restrictions and easements ofrecord, provided said reservations,
restrictions and easements ofrecord 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 Six Thousand Dollars ($6,000.00).
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 or 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 ofrecord disclosed by said title commitment is, in the sole discretion of
Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is
notified in writing of such unreasonableness ofrestriction and such unrnarketability 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
transaction. Buyer may only remove those trees necessary for construction of the home and
- 1-
C:\DOCUME-1\anguilm\LOCALS-1\Temp\BL7990.DOC
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 each 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
WANES 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.
-2-
C:\DOCUME-1\anguilm\LOCALS-1\Temp\BL7990.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.
10. Delivery of Deed. Seller shall execute and deliver a Quit Claim deed to Buyer at
Closing for the Premises.
11. 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.
-3-
C:\DOCUME-1\anguilm\LOCALS-1\Temp\BL7990.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: SELLER: CITY OF
PREPARED BY:
John C. Schrier (P36702)
PARMENTER O'TOOLE
175 W. Apple Avenue
Muskegon, Michigan 49440
Phone: (231) 722-1621
- 4-
C :\DOCUME-1\anguilm\LOCALS-1\Temp\BL7983.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 NEIGHBORHOOD INVESTMENT CORPORATION, of 1115 Third Street, 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 LOTS I THRU
4 ALSO WLY ½ V AC RA THBORNE ST LYING NEL Y AND ADJ
TO LOT I ALL BLK 200 (COMMON ADDRESS: 243 E. Walton Avenue)
for the sum of: Six Thousand Dollars ($6,000.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family home on the premises
herein conveyed within eighteen ( l 8) months after the date hereof. In default of such construction, title to that lot 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: (1) issuance of a residential building
permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Deputy Director of Public Safety,
substantial completion of the dwelling described in the said building permit. In the event of reversion of title, improvements
made thereon shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above
shall be improved with one (I) single family home on each lot, and each lot 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).
Dated this ~ day of~J,~·~u...,/),.,<?~---' 200__i'._.
Signed in the presence of:
,,_,,,,I« /la Mer
~ 0-......_,l<eu.-~ 2 t:
-:fol\r-,n l<'.r...> k:'.u w <;,\L;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on ,J;.,~,., 200 & , L
by STEPHEN J.
WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respe lively, of the CITY OF MUSKEGON, a
municipal corporation, on behalf of the City.
(NOTARY SEAL)
ds. i~;,.r ~
cif:4
Acting in the County of
,.,Notary Public
mu,, Ye,wr>
PREPARED BY: John C. Schrier 1'22u ,s .f''V'-'7 0 County, Michigan
Parmenter OToole My Comm.Expires: f:- &'u-Ot,,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C-2.2-oy
')_00 'I- .<'- ( o)
Policy or Policies issued pursuant to this commitment are underwritten by:
First American Title Insurance Company
SCHEDULE A
Commitment No.: 22661
2202
lJJOOIOW December 22, 2004
1. Commitment Date: N ~ r 08, 2004 @8:00 AM
2. Policy or Policies to be issued: Policy Amount
(a) Residential Title Insurance Policy $6,000.00
Proposed Insured:
Neighborhood Investment Corporation
1(90·-0BOQ
Policy or Policies to be issued: Policy Amount
(b) ALTA Loan Policy (10-17-92)
Proposed Insured:
3. The Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by:
The City of Muskegon
4. The land referred to in this Commitment, situated in the County of Muskegon, City of Muskegon, State of
Michigan, is described as follows:
Lot(s) 1, 2, 3 and 4, Block 200, Revised Plat of the City of Muskegon 1903, according to the recorded plat
thereof.
243 E Walton Avenue
Issuing Agent: Metropolitan Title Company
America's Premier Title Agency
For questions regarding this commitment contact your local
Metropolitan Title Company (231) 733-6201 or fax to (231) 733-5418
3044 Glade St., Muskegon, MI 49444
Metropolitan Title Company
3044 Glade St.
Muskegon, Ml 49444
Schedule B - Section I
REQUIREMENTS
Commitment No.: 22661
General Requirements
The following requirements must be met:
(a) Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and
duly filed for record.
(b) Payment of the full consideration to, or for the account of, the grantors or mortgagors should be made.
(c) Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and
payable should be made.
( d) Pay us the premiums, fees and charges for the policy.
(e) You must tell us in writing the name of anyone not referred to in this Commitment who will receive an interest in
the land or who will make a loan on the land. We may make additional requirements or exceptions.
(f) Submit completed Owner's Estoppel/Affidavit/ALTA Statement on the form provided by this company and signed
by or on behalf of all owners.
Specific Requirements
1. RECORD WARRANTY DEED FROM THE CITY OF MUSKEGON TO NEIGHBORHOOD INVESTMENT CORPORATION.
2
Metropolitan Title Company
3044 Glade St.
Muskegon, MI 49444
Schedule B - Section II
EXCEPTIONS
Commitment No.: 22661
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
Defects, liens encumbrances adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record
the estate or interest or mortgage thereon covered by this Commitment.
General Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises.
3. Easements, or claims of easements, not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown on the public records.
5. Taxes or special assessments which are not shown as existing liens by the public records.
Specific Exceptions
1. Oil, gas, mineral, and aboriginal antiquities reserved by the State of Michigan, and the terms, covenants and
provisions contained in instrument recorded in Liber 1827, page 475, as to Lot 1.
2. Oil, gas, mineral, and aboriginal antiquities reserved by the State of Michigan, and the terms, covenants and
provisions contained in instrument recorded in Liber 3109, page 30, as to Lot 2.
3. Oil, gas, mineral, and aboriginal antiquities reserved by the State of Michigan, and the terms, covenants and
provisions contained in instrument recorded in Liber 2039, page 500, as to Lot 3.
4. Oil, gas, mineral, and aboriginal antiquities reserved by the State of Michigan, and the terms, covenants and
provisions contained in instrument recorded in Liber 1135, page 186, as to Lot 3.
5. Oil, gas, mineral, and aboriginal antiquities reserved by the State of Michigan, and the terms, covenants and
provisions contained in instrument recorded in Liber 2257, page 813, as to Lot 4.
6. Taxes are exempt. Tax Item Number 61-24-205-200-0001-00.
3
Commitment for Title Insurance
FIRST AMERICAN TITLE INSURANCE COMPANY.
We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date
shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our
obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued
and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-Section I.
The Exceptions in Schedule B-Section II.
The Conditions below.
This Commitment is not valid without Schedule A and Sections I and II of Schedule B.
Conditions:
1. Definitions:
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title
records that give constructive notice of matters affecting the title according to the state statutes where the
land is located.
2. Later Defects
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that
appear for the first time in the public records or are created or attached between the Commitment Date and
the date on which all the Requirements (a) and (c) of Schedule B- Section I are met. We shall have no
liability to you because of this amendment.
3. Existing Defects
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amended Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information
and did not tell us about it in writing.
4. Limitation of Our Liability
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment,
our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in
good faith to:
comply with the Requirements shown in Schedule B - Section I OR
eliminate with our written consent any Exceptions shown in Schedule B - Section II
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. Claims must be based on this Commitment
Any claim, whether or not based on negligence, which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
Issued by: First American Title Insurance Company through its agent:
Metropolitan Title Company
3044 Glade St.
Muskegon, Michigan 49444
Ph: (231) 733-6201 or Fax to: (231) 733-5418
EXHIBIT A
LEGAL DESCRIPTION
Land situated in the City of Muskegon, County of Muskegon, State of Michigan, is described as follows:
Lot(s) 1, 2, 3 and 4, Block 200, Revised Plat of the City of Muskegon 1903, according to the recorded plat thereof.
Tax Parcel Number(s): 61-24-205-200-0001-00
Metropolitan Title Company
America's Premier Title Agency File Number: 22661
"DUE-ON-SALE" DISCLOSURE AND ACKNOWLEDGMENT
File Number: 22661
Date: January 19, 2005
Property Address: 243 E Walton Avenue, Muskegon, MI 49442
By signing this statement the undersigned acknowledge the following:
1. That all closing documents prepared by Metropolitan Title Company are prepared at the direction and request of
the parties to the transaction, their real estate agent(s)/broker(s) or their attorney(s).
2. That Metropolitan Title Company is not acting as my/ our agent, attorney, representative or
fiduciary, at this real estate closing.
3. That Metropolitan Title Company's employee who has attended this closing represents only Metropolitan Title
Company.
4. That Metropolitan Title Company's employee has identified certain documents to me/us as he/she has presented
them to me/us for signing, but has not given me/us legal advice as to the meaning or effect of the
documents. I/We understand that any of his/her statements about the documents are not legal advice to
me/us. If I/we have an attorney, that attorney is my/our only attorney in this transaction.
5. That the mortgage presently affecting the property contains a "due-on-sale" clause which permits the lender to
call the loan immediately due and payable upon a sale or transfer by the original borrowers.
6. That the Seller(s) and Purchaser(s) understand and assume all risks involved with the sale of the property without
paying off the underlying mortgage or obtaining a waiver of the due on sale clause, and Seller(s) and
Purchaser(s) hereby hold harmless Metropolitan Title Company from any claim or loss relating thereto.
7. That the Seller(s) and Purchaser(s) hereby acknowledge that said mortgage may be in default and are willing to
proceed with this transaction. Furthermore, both Seller(s) and Purchaser(s) agree to hold harmless Metropolitan
Title Company from any claim or loss relating thereto.
8. That the title policy, when issued, will contain all of the exceptions titled noted on the commitment, unless such
exceptions are removed to the satisfaction of Metropolitan Title Company at closing.
9. That I/we have either read all of the closing documents or are responsible for our own failure to have read them.
I/We understand that Metropolitan Title Company is not responsible for explaining to me/us the
effect of the documents I/we have signed.
10. That I/we have read this statement and understand it.
Seller(s): Purchaser(s):
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Metropolitan Title Company
America's Premier Title Agency File Number: 22661
OWNER'S AFFIDAVIT/ESTOPPEL CERTIFICATE
(To be executed by all parties shown as vested owners in the commitment for title insurance.)
Affiant makes the representations contained herein to induce the purchaser and/or lender to consummate the transaction
referenced in the commitment, to obtain the proceeds of the sale or loan, and to induce Metropolitan Title Company to issue a
policy(s) of title insurance on behalf of the underwriter named in the commitment. Affiant further agrees that in the event it is
determined there are unpaid charges which were due and payable prior to and including the date of closing, and which are the
responsibility and obligation of the Affiant, that the Affiant shall pay any and all amounts so charged and shall provide proof of
payment of same to Metropolitan Title Company. Affiant further agrees and covenants, if requested by Metropolitan Title
Company to fully cooperate and adjust for clerical errors in any closing documents, including but not limited to, repayment of
any overpayments and executing duplicate closing documents.
The undersigned, being first duly sworn, deposes and says as follows:
1. That Affiant is 18 years of age or older, is a citizen of the United States, has not married or divorced since purchasing the real
estate, and has not used or been known by any other name;
2. That Affiant is the owner of certain premises described in Commitment No. 22661, and has not filed, nor is subject to any
bankruptcy, receivership, or insolvency proceedings;
3. That the Affiant is in possession of said property and there are no other parties in possession or claiming rights of possession;
(NONE, unless
noted)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
4. That Affiant has no knowledge of any unrecorded water, mineral, gas or oil rights unrecorded easements or claims of
easements, boundary line disputes or claims of such grants or rights relative thereto; (NONE, unless noted) _ _ _ _ _ __
5. That there are no proceedings instituted or undertaken by anyone which will result in a lien or special assessment upon the
premises. There are no delinquent taxes, special assessments, water bills, utility bills, or Homeowner's Association fees coverin,
subject property; (NONE, unless noted) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
6. That there have been no improvements made nor labor or materials furnished to the premises within the last 90 days; (NONE,
unless noted) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
7. That Affiant has no knowledge of any other matters affecting the title including but not limited to: mortgages, liens, land
contracts, options or other encumbrances other than those which are being paid from the sale or loan proceeds. (NONE, unlesi
noted) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Subscribed and sworn ;9-before me this Veste~- Own'z5,s): ~
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Notary Public: Notary Public, Muskegon Coun ,, 0.
County in Michigan : My commissllon Expires 11-15/00t•
Commission Expires: Acting In Muskegon Coun Y
To induce Metropolitan Title Company to issue a policy of title insurance on behalf of the underwriter named in the above
Commitment No. 22661 insuring the mortgage and the title to the land described therein, the undersigned mortgagor(s)
acknowledge that incident to the closing of the mortgage upon the lands, the mortgagee(s) caused the full sum of$ the amount
secured thereby, to be paid to the undersigned or for the benefit of and by the direction of the undersigned. The undersigned
further certify that, unless otherwise indicated, the property is owned and occupied exclusively by them on the date hereof. The
undersigned further certify that they are 18 years of age or older. The undersigned borrower(s), for and in consideration of,
Lender, this date funding the closing of the above referenced property more fully described in the commitment agrees, if
requested by Lender or Closing Agent for Lender, to fully cooperate and adjust for clerical errors in any loan closing documents,
including but not limited to, repayment of any overpayments and executing duplicate loan documents. The Undersigned
borrower(s) do hereby so agree and covenant in order to assure that the loan documentation executed this date will conform and
be acceptable in the market place in the instance of transfer, sale or conveyance by Lender of its interest in and to said loan
documentation.
Notary Public:
County in Michigan: VICKI L. ANDER&c· '
Commission Expires: Notary P>1bllc, Muskegol1 County,;· "
My Comrr.,ssllon Expires 11-15-200..
Acting In Muskegon County
WMI. Muskeoon #2802 Commitment No.: 22661
NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS
We want you to know that the privacy and confidentiality of your personal information is very important to Metropolitan
Title Company . We value your business and we want to retain your trust. In the course of providing products and
services to you, we may obtain nonpublic personal information about you. We are required by law to provide you with
this notice in order to inform you how Metropolitan Title Company collects, uses and safeguards your nonpublic personal
information. This notice also tells you how you can limit our disclosure of personal information about you.
What Information Do We Collect
We may obtain nonpublic personal information about you from the following sources:
• Information we receive from you from applications or other forms;
• Information about your transaction with us from our files or from our affiliates;
• Information about your transaction with nonaffiliated third parties such as your real estate agent or lender;
The information we obtain includes, but is not limited to, your name, address, social security number, employer, income,
account information from financial institutions, parties to a transaction and credit card usage.
What Information Do We Disclose
To meet your needs with quality products and services we may disclose any of the above information that we collect
about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law.
AFFILIATES
Our affiliates are the family of companies controlled by Metropolitan Title Company or under common control with
another company. We may share the types of information described above, as permitted by law, with our affiliates for
purposes of marketing or market research.
NON-AFFILIATES
Nonaffiliated third parties are those not part of the family of companies controlled by Metropolitan Title Company or not
under common control with another company.
Service Providers, Contractors
Any service providers or contractors used by Metropolitan Title Company are required to follow the terms of our Privacy
Policy. Access to your nonpublic personal information by a service provider or contractor is restricted to the purpose for
which they have been retained by Metropolitan Title Company .
Joint Marketing
We may disclose your personal information to a nonaffiliated third party that we have an agreement with to perform joint
marketing of products or services that we feel may interest you.
Other Non-Affiliates
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
METROPOLITAN TITLE COMPANY DOES NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT THEIR
CUSTOMERS OR FORMER CUSTOMERS EXCEPT, AS PERMITTED OR REQUIRED BY LAW.
The Confidentiality and Security of Your Nonpublic Personal Information
Metropolitan Title Company restricts the access to your nonpublic personal information to those employees who need to
know the information in order to provide products and/or services to you. Our employees are required to maintain the
confidentiality and privacy of our customers. We maintain physical, electronic and procedural safeguards that comply
with federal regulations to guard your nonpublic personal information.
Changes to this policy
We may amend this policy at any time, and we will inform you of any changes as required by law.
Your Privacy Choices
The law allows us to share with our affiliates your personal information and information about our transactions or
experiences with you. The law also allows us to share your personal information with our contractors and service
providers.
If you prefer that we not disclose information about you to nonaffiliated third parties, you may direct us not to share this
information by calling the Corporate Office at 1-800-848-5375 or by writing to us at 622 East Grand River, Howell,
Michigan 48843. Please provide your name, address including city and state of the property and our file number.
TAX PRORATION AGREEMENT/ ACKNOWLEDGEMENT
File Number: 22661
Date: January 19, 2005
Reference: I
Property Address: 243 E Walton Avenue, Muskegon, MI 49442
Seller and Purchaser Acknowledge and Agree as Follows:
1. That the parties hereto have settled the proration of taxes and assessments by the method reflected on the
settlement statements signed at the closing, and these statements constitute final settlement. Any prior agreement
between parties shall be deemed as modified hereby.
2. The Purchaser acknowledges and agrees:
a) that all real estate taxes billed on or after this date are the sole responsibility of the Purchaser.
b) that the Purchaser shall make any necessary arrangements to obtain all future tax bills. Purchaser
acknowledges it is not the responsibility of Metropolitan Title Company to notify any Treasurer of change in
ownership.
3. The Seller acknowledges and agrees:
a) that the Seller represents and warrants to the Purchaser and Metropolitan Title Company and its underwriter
that all outstanding taxes and assessments including but not limited to all sewer and water charges, road
paving, maintenance charges, trash collection charges, weed charges, association dues, penalties, and
administration fees have been paid in full by the Seller.
or
b) that, if not previously paid by the Seller, all outstanding taxes and assessments including but not limited to all
above said items shall be deducted from the Sellers proceeds as reflected on the settlement statement.
c) that the Seller has not received any notification of any future assessments and has no knowledge of any
improvement or maintenance undertaken by any municipality or association.
d) that the Seller will immediately pay any taxes and assessments including but not limited to the above said items
(Paragraph 3a) which may subsequently be discovered to have been a lien on the property or incurred prior to
the date of closing.
4. Seller and Purchaser acknowledge and agree:
a) That any settlement to the proration of taxes or assessments is a matter entirely between the Seller and
Purchaser, and that neither the Seller nor the Purchaser is relying on advice from Metropolitan Title Company in
determining method of statement.
b) That Metropolitan Title Company is relying on the agreement of the Seller and Purchaser as reflected in the
settlement statements in order to disburse funds.
c) That, except for the failure of Metropolitan Title Company to properly account for the funds provided to it, Seller
and Purchaser jointly and severally agree the indemnify Metropolitan Title Company for any loss or damage,
including but not limited to reasonable attorney fees incurred as a result of failure to comply with this
agreement.
d) That Seller and Purchaser acknowledge Metropolitan Title Company and its underwriter are relying on the
representations made herein for the purpose of closing the real estate transaction referenced herein and are
disbursing funds based on upon such reliance.
Purchaser( s):
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Metropolitan Title Company
America's Premier Title Agency File Number: 22661
CLOSING AGREEMENT
File Number: 22661
Date: January 19, 2005
Property Address: 243 E Walton Avenue, Muskegon, MI 49442
It is agreed, between the Purchaser(s) and Seller(s) of this property that all contingencies and addendums to the Offer to
Purchase thereto, dated 06-22-2004 have been met or are hereby resolved or removed to the satisfaction of the parties
concerned.
Purchaser(s) understand and acknowledged that he/she/they are buying the property in an "As Is" condition and that
neither the Seller(s) nor Realtor(s) make any warranties as to the land and structure purchased or the condition.
Seller(s): Purchaser(s):
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Metropolitan Title Company
Americas Premier Title Agency
File Number: 22661
0MB Approval No 2502 0265
T11n<> nf I n:rn
A. Settlement Statement "
1-5. Loan Type Conv. Unins.
.
Metropolitan Title Company ,. File Number 22661
Final Statement
7. Loan Number
'· Mortgage Insurance Case Number
C. Note: This fOfm is rumished lo give you astatement of actual se1Uemen1 wsls. Amounls paid to and by Iha seltlemenl agent are shown, llerns mil!ked •{POC)" were paid outside lhis cl05ing; thoy are shown
here forloformafional purposes and are not included ln lhe to1als.
D. Name of Borrower: Neighborhood Investment Corporation, a Michigan Corporation
1115 Third St, Muskegon, Ml 49441
E. Name of Seifer: The City of Muskegon
933 Terrace St Muskegon, Ml 49440
F. Name of lender:
G. Property Location: 243 E Walton Avenue, Muskegon, Ml 49442
H. Settlement Agent: Metropolitan Tille Company
,.
Settlement Dale: 01/19/2005
Address: 3044 Glade St., Muskegon, Ml 49444
Place of Settlement Address: 3044 Glade St., Muskegon, Ml 49444 Print Date: 0f/1912005, 10:52AM
Disbursement Date: 01/19/2005
J. Summary of Borrower's Transaction K. Summary of Seller's Transac!ion
100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller
101. Contract Sales Plice 401. ConlfactSa!es Price 6,000.00
102. Personal Property 402. Personal Property
103. Se!11ement charges lo borrower (line 1400) 403. Total Deposi1s
104. 404.
105. 405.
Adjuslments for items paid by seller in advance Adjustments for iiems paid by seller in advance
106. City/town laxes 406. Cityllown taxes
107. County taxes 407. County laxes
108, Assessments 408, Assessments
109. 409.
110. 410.
111. 411.
112. 412.
113. 413.
114. 414.
115. 415.
120. Gross Amount Oue From Borrower 420. Gross Amount Due To Seller 6,000.00
200. Amounts Paid By Or In Behalf of Borrower 500. Reductions In Amount Due to Seller .
201. Depositor earnest money 501. Excess deposit (see inslruclions)
202. Principal amount or new foan(s) 502. Settlemen! charges (line 1400) 355.00
203, Exisling loan(s) taken subject 503. Ex isling loan(s) taken subject lo
204. 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207. 507.
208. 508.
209. 509.
~djustments ror Items unpaid by seller Adjustments for items unpaid by seller
l:10. City/town taxes 510. City/town laxes
l:11. County taxes 511. County taxes
112. Assessments 512. Assessments
113. 513. Buyers Deposit 400,00
114. 514.
!15. 515.
!16. 516.
!17. 517.
'.18. 518.
'19. 519.
20. Total Paid By/For Borrower 520. Total Reduction Amount Due Seller 755.00
00. Cash Al Settlement FromfTo Borrower 600. Cash Al Settlement To/From Seller
01. Gross amount due from Borrower (line 120) 601. Gross amount due to Seller (line 420) 6,000.00
ex~ J
02. Less amounts paid by/for Borrower (line 220) 602. Less reductions In amounts due to Seller (lino 520) 755.00
OJ. 603. Cash (X To) ( From) Seller 5,245.00
·he HUD-1 Settlement Statement which I have is a l't and accurate account of lh",s transaction. I have caused or wiH cause the funds to be
isbursedinaccordanjw~h/hi/}aJ/ment · / vY7
;elllemenl Anent_ .. J . fl1 O / ,(}fl Dale / - f '1-{)':J
• See Supplemental Page for details.
File No 22661
• Settlement Cha riles
00. Total Sales/Broker's Commission based on price $6,000.00 @0.0000% = $0.00
Division of Commission {line 700) as follows
Paid From Paid From
01.
02. Borrower's Seller's
03. Commission paid at SelUemenl
04.
00. Items Pavable in Connection with Loan
01. Loan OriginaUon Fee
02. Loan Discount
03. Appraisal Fee
04. Credit Report
05. Lender's Inspection Fee
06. Mortgage Insurance Application Premium
07. Assumption Fee
08.
09.
10.
11.
12.
13.
14. .
upplemental Summary .
'°· Items Reauired by Lender to be Paid In Advance
l1. Interest
"·
l3. Hazard Insurance Premium for
M.
l5.
upp!emenlal Summary
JOO. Reserves Deposited with Lender
J01. Hazard Insurance
)02. Mortgage Insurance
m City Property Taxes
S4. County Property Taxes
105. Annual assessments
106.
107.
08. Aggregate Accounting Adjustment .
oo. Tille Chames
01. Settlement or closing fee - Metmpolilan Tille Company 150.00
02. Abstract or mra search
03. Title examlnaUon
04. Title Insurance Binder
05. Document Fee
06. Notary Fee
07. AtlomeyFee
(includes above item rmmbe1s;)
08. Title Insurance - See supplemental page for breakdowfl or indivldual fees and payees
190.00
includes above item numbers: I
09. Lender's coverage $0.00
10. Owner's coverage $6,000.00 Premium: $190.00
11. Tax Fee - Me!ropolilan Title Company 15.00
12. Recording Processing Fee - Mel!opoli!an Title Company
13.
M.
15.
16.
17.
JO. Government Recordinq and Transfer Charqes
l1. 'Recording fees: Oeed $18.00 Moflgage $0.00 Release $0.00
l2. City/county !ax/stamps:
l3. Stale lax/stamps:
J4.
l5.
16.
10. Additional Settlement Charges
11. Survey to
12. Pest Inspection to
',4_·
,5_
6.
7.
8.
9.
0.
1.
2.
3.
4.
plemental Summary
0. Total Settlement Charges (enter on lines 103, Section J and 502, Sect!on K) 555.00
See Supplemental Page for details.
I FIie No.
I Supplemental Page 22661
HUD-1 Settlement Statement
Loan No,
Metropolitan Title Company
Final Statement
Settlement Date:
01/19/2005
Borrower Name & Address: Neighborhood Investment Corporation, a Michigan Corporation
1115 Third St, Muskegon, Ml 49441
Seller Name & Address: The City of Muskegon
933 Terrace St Muskegon, Ml 49440
.
Paid From Paid From
Section l. Settlement Charges continued Borrower's Seller's
Funds at Funds at
Settlement Settlement
1108. Supplemental Summary 190.00
a) O.Vners Premium• Melropoli1an Tille Company 190.00
1201. Supplemen!al Summary 18.00 .
a) Deed Recording Fee - Register of Deeds
The fo!lowing Section is restated from the Settlement Statement Page 1
JOO. Cash At Settlement FromfTo Borrower 600. Cash At Settlement To/From Seller
301, Gross amount due from Borrower (!!ne 120) 601. Gross Amount due to Seller (line 420) 6,000.00
302. Less amounts paid by/for Borrower (line 220) 601. Less reductions in amounts due to Seller (line 520) 755.00
303. 603. Cash (X To) ( From) Seifer 5,245.00
1have carefully reviewed the HU0-1 Settlement Statement and to \hi! best of my knowledge and belief, ii is a Im!! and accurate slatemenl of all receipts and
distributions made on my account or by me in this transactlo11. I further certify that I have received a copy of the HUD-1 Settlement Statement.
SELLER(S):
The City of Muskegon
lanner 3 for City of
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440,
QUIT CLAIMS to NEIGHBORHOOD INVESTMENT CORPORATION, of 1115 Third Street, Muskegon, Michigan
49441,
the following described premises situated in the City ofMuskegon, County of Muskegon, State ofMichigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 THRU
4 ALSO WLY ½ VAC RA THBORNE ST LYING NELY AND ADJ
TO LOT I ALL BLK 200 (COMMON ADDRESS: 243 E. Walton Avenue)
for the sum of: Six Thousand Dollars ($6,000.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction ofone (1) single family home on the premises
herein conveyed within eighteen (18) months after the date hereof, In default of such construction, title to that lot 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 conveyarice free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees
necessary for constrnction of the home and driveway. "Complete construction" means: (1) issuance ofa residential building
permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Deputy Director of Public Safety,
substantial completion of the dwelling described in the said building permit. In the event of reversion of title, improvements
made thereon shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above
shall be improved with one (1) single family home on each lot, and each lot 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).
Dated this _j_!]_ day of \}7 Jf,J.-iO
;/
·'1} ,2005-
Signed in the presence of:
1,, ✓ ;,dq /4Mer
~ kk'Ru.-\G--w,, t, ~
~o(\,v, kr~k:'.nw~\c;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on 1.Llf: & ,
200.i.._ by STEPHEN J.
WARMINGTON and GAIL A. KUNDINGER, MMC, tl1e Mayor and Clerk, respe li;,ely, of the CITY OF MUSKEGON, a
municipal corporation, on behalf of the City.
(NOTARY SEAL)
~s. A,t"~taryPublic
Acting in the County of Z2Zu,s k5p..c.,.,.,
PREPARED BY: John C. Schrier -227..u .s Kr,p:on County, Michigan
Parmenter O'Toole My Comm. Expires: ?:- <{/ U ~ O ,:;,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO; Grantee
C:\DOCUME~ l langnilmlLOCALS-1 \TemplBL 7990.DOC
Commission Meeting Date: June 22, 2004
Date: June 15, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Purchase of 867 Williams
SUMMARY OF REQUEST: To approve the purchase of the property
located at 867 Williams (City of Muskegon Revised Plat of 1903 Lot 15
Block 46) for the estate of Cornor White for the price of $6,850.
If the purchase is approved the CNS office will solicit bids to totally
rehabilitate the structure at 867 Williams and then market the home to a
qualified low/moderate-income family which will continue the City
aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: Funding for the purchase and rehabilitation will be
deducted from the City's 2002 HOME funding
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale.
COMMITTEE RECOMMENDATION: None
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is effective June 22, 2004, by and between the estate of Comar White 2609 Begole
Street Flint, Michigan 48504 ("Seller") and the CITY OF MUSKEGON, a municipal corporation, with offices at
933 Terrace Street, Muskegon, Michigan 49440 ("Buyer"),
I. 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 at 867 Williams in the City
of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
!City of Muskegon Revised Plat 1903 Lot 15 Block 46]
Subject to the reservations, restrictions and easements of record, provided said reservations, restnct1ons 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. Consideration and Manner of Payment. In exchange for a warranty deed from Seller to Buyer,
Buyer shall pay $6,850.00 at closing and shall take the property
3. Taxes and Assessments. All taxes and assessments which are due and payable at the time of
Closing shall be paid by Seller prior to or at Closing. All taxes and special assessments which become due and
payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Buyer shall obtain a commitment for title insurance issued by 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 are, in the sole discretion of Buyer, deemed unreasonable, Seller shall have thirty (30) 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
(IO) 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 owners title policy shall be paid by Seller.
5. 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
======e=n=c=ro=a-:'c":hm~e~n-=--1or 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
agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said
encroachment or variation.
6. Personal Property Fixtures. All personal property and fixtures, which seller
wishes to remove, shall be removed on or before Closing. Any personal property left on the Premises has be the
property of Buyer, who may dispose of same.
7. Environmental Matters. Seller represents and warrants to Buyer that Seller has not disposed of
any hazardous or toxic substances on or in the Premises. Such representation and warranty shall be deemed to have
been made again by Seller as of the Closing. Seller agrees to indemnify Buyer and hold it harmless from and
against any and all claims, demands liabilities, costs, expenses, penalties, damages, and losses, including, but not
limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranty set for the in
this paragraph, which representation and warranty shall survive the Closing.
8. 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 AGREEMENT, ALSO SUBJECT TO THE WARRANTY OF
SELLER THAT NO HAZARDOUS SUBSTANCES HA VE BEEN PLACED ON THE PREMISES AND IS
SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS
THEREON, AND UNDERSTANDS 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, EXCEPT FOR EXPRESS WARRANTIES.
9. 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.
10. Closing. The closing date of this sale shall be on or before 30 days following the effective date of
this Agreement ("Closing"). The Closing shall be conducted at the closing facilities ofTransnation Title Insurance
570 Seminole Road, Ste. I 02, Muskegon, Ml 49444 or at such other place as may be mutually agreed upon between
the parties.
l l. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at Closing for the
Premises.
!2. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title.
!3. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of
Closing.
!4. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount required by law.
Seller shall be responsible to pay for the recording of any instrument which must be recorded to clear title to the
extent required by this Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing.
15. 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
======~=--c-11mlil®-between Buyer and Seller are merged into this Agreement, which alone fully and completely
_ _ _ _ _ _ _ _ _ _expresses the agreement of the parties.
a. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws
of the State of Michigan.
b. Successors. All terms and conditions of this Agreement shall be binding upon the
parties, their successors and assigns.
c. 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.
d. 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
and continue until all liabilities of Buyer have been fully satisfied.
e. 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: SELLER:
t_J~~ By ~Q.:
Seller - Estate of Como
~ tdi
L✓ ~cl~/trrer
~ )~ KR-u~(c.: Gail A. Kundinger, MMC
:r o ~,,..... k'c-u kc wc-..1,c; City Clerk
=====·· . ----------- -------- --------=====::-:-::-- - -
Drafted by: Business Address:
City of Muskegon 933 Terrace St., PO Box 536
Community and Neighborhood Services Muskegon, Michigan 49443-0536
-
I 't
Commission Meeting Date: June 22, 2004
Date: June 15, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Contract for Next Phase of Operation:
At Long Last - AKA "Iona Home Sweet Home"
2841ona
SUMMARY OF REQUEST: To approve the contract with Top Notch
Design 4740 Jensen, Fruitport for the amount of $108,000 dollars for the
construction of the new home at 284 Iona. The other contractors who
submitted bids for this project were:
Bantam Group 962 Stonewood, Spring Lake $115,691
Wasco Construction 210 E. Broadway, Muskegon $113,350
Success Enterprise 5263 Apple Ave, Muskegon $116,000
The Iona project is the next phase of infill construction on the "old
Turnkey Three" sites that were finally demolished by the City last
summer
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: Funding will come from 2002 HOME
funding.
STAFF RECOMMENDATION: To approve the contract with Top Notch
Design for next At Long Last Project AKA Iona Home Sweet Home for
$108,000.
COMMITTEE RECOMMENDATION: The LRC approved this project
Date: June 22, 2004
To: Honorable Mayor and Commissioners
From: Public Works
RE: Upgrade of Garage Ventilation System
SUMMARY OF REQUEST:
We propose to upgrade the existing vehicle garage ventilation
system from continuous to on-demand operation. The newly
installed heaters do not require ventilation so the only need is to
vent vehicle exhaust fumes. Fume sensors would turn on
ventilation as needed. The energy savings payback is estimated
to be a little over 1 year. The low bid of three taken is $28, 157
from East Muskegon Roofing.
FINANCIAL IMPACT:
This expense would be covered by the Public Service Building
capital budget.
BUDGET ACTION REQUIRED:
None needed.
STAFF RECOMMENDATION:
Install the on-demand ventilation upgrade.
C:\Documents and Settings\boeslj\Local Settings\Temporary Internet Files\OLKB\Ventilation Control.doc
-
Rublic Wo_rks
Memo
To: Robert Kuhn, Public Worl\s Director
From: Bob Fountain, Special Operations Supervisor
CC: Mohammed AI-Shatel, Deputy Public Worl\s Director
Date: June 9, 2004
Re: Vehicle Garage Ventilation Control
I recommend that we upgrade the ventilation control in the vehicle garage at the Public Service
Building. We have 5 large exhaust fans which continuously pull fresh air to this space through 4 large
vents located near the ceiling of the garage. The system was designed for continuous ventilation
because the original pad-type heaters released exhaust gas directly to the room and the fans were
needed to convey fumes and water vapor outside. Now that we have replaced all the original heaters
with tube-type radiant heaters that are individually vented to the outside, we have no more need of
continuous ventilation. The only time ventilation would be needed is when vehicle engines are running
and generating exhaust fumes. This occurs during a relatively small time period daily. A great deal of
heat is lost through the present ventilation system and electricity consumed to operate fans. We have
an estimate that the heat loss and electrical usage from continuous fan operation costs us about
$24,000 per year in natural gas purchase and about $1600 per year in electricity purchase for a total of
$25, 600 per year in energy costs at current rates.
To upgrade the ventilation system, 3 contractors have submitted quotations. Motorized low leak
dampers would be installed on the vents and be interlocked with the exhaust fans. The fans would be
controlled with individual diesel and gasoline engine fume sensors. Both kinds of sensors would be
provided for each fan so that only the needed fan and damper would be operated to relieve vehicle
emissions levels. All electrical controls for the system are included.
These bids were received from Muskegon-based contractors:
East Muskegon Roofing 28,157.00
Bauer Sheet Metal 28,611.00
Shoreline Metal Fabricators 32,000.00
Based on the low bid price of $28,157, we would recover this expense in energy savings payback in a
little more than 1 year. I recommend the low bid of $28,157 from East Muskegon Roofing.
We have $52,000 allocated in the Public Service Building Budget for capital expenditures. I am
reserving $17,000 for computer-related expenses, so the remainder of $35,000 will cover this expense.
• Page2
-
--CIAl.lffll
COMllacw.·IIIIIDENTIAL
HOl'IIOOPS
COLOflOORI
SltlNGI.Es AND SHEET METAL
SHIETIIIETAL
IHOUS1lUAL C011111111CfAL
BLOW PlPl!-AIII POI.WTION
ARCHITECJUIIALSlt!J!TMl!IIU,
MEW.IIIECKl•BIDIIIG
AIR COllllmONING
11165 HOI.TOl'<I ROAD
MUSKEGON, Ml 411441>-1498
PHONE (231) 744-2481
FAX (231) 7"4-11156
To: City ofMuskegon 06-04-04
Public Services Building Poge3
To summarize the approximate calculated gas and "lectrical energy savings are aa
follows: ·
Gas Savings•$ 23,936.00 I year
Electrical Savings•$ J,S8S.00 / year
Total Energy Savings=$ 25,521.00/year
This shows a payback ofa little more that I year when comparing to our quotation of$
28,157.00. Even if our calculations are off by 50% the pay back would be approximately
2 ¼ y,ars which is still a good invc.,tment. I hope this will help in making your decision
on whether to proceed or not with our quoted modifications, Please let me know if we
oan help any furthers. ~ •
Gary~°J:L~/==-
COOli!) HS 9dH JS!lJ( 16V3 9~l6ttLTCt XVd eo:tt Illd tO/t0/90
• Page3
Addendum
Commission Meeting June 22, 2004
Agenda Item: Upgrade of(Public Works) Garbage Ventilation System
Bids were received from Muskegon-based contractors:
East Muskegon Roofing, 1665 Holton Road
Bauer Sheet Metal, 15 5 0 Evanston Avenue
Shoreline Metal Fabricators, 1880 Park Street
Commission Meeting Date: June 22, 2004
Date: June 14, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Set Public Hearing for Amendments to Brownfield
Plan - Terrace Lots Office Building, Northern
Machine Tool, Art Works Apartments (Former
Boiler Works Building)
SUMMARY OF REQUEST: To approve the attached resolution setting a public
hearing for amendments to the Brownfield Plan, and notifying taxing jurisdictions of
the Brownfield Plan Amendments, including the opportunity to express their views
and recommendations regarding the proposed amendments at the public hearing.
The amendments are for the inclusion of property owned by MSB 11, LLC for the
Terrace Lots Office Building (former Westwood Building); Steve Olsen, for Northern
Machine Tool; and Boilerworks LLC for the Art Works Apartments (former Boiler
Works Building), in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the projects in
the Brownfield Plan, although the completion of the former Westwood building, which
will be used for commercial space, the addition of the building to Northern Machine
Tool for increased manufacturing and the redevelopment of the Boiler Works Building
into Artists Lofts and Galleries, will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority will
meet on June 21, 2004 and will provide their recommendation to the City
Commission. In addition, the Brownfield Redevelopment Authority will recommend
that the Muskegon City Commission set a public hearing on the Plan Amendments
for July 13, 2004.
2004-56(u)
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of
Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on
the 22nd day of June, 2004, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT:
Members Davis, Larson. Spataro, Warmington
ABSENT:
Members Gawron. Shepherd, Carter
The following preamble and resolution were offered by Member Spataro and
supported by Member Davis:
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the
"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as
amended ("Act 381 "), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has
prepared and approved Brownfield Plan Amendments to include the Northern
Machine Tool Expansion, Terrace Lots Office Building, and Art Works Apartments,
and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendments
to the City Commission requesting its approval of the Brownfield Plan Amendments
and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the
Muskegon City Commission desires to hold a public hearing in connection with
consideration of the Brownfield Plan Amendments as required by Act 381; and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the City
Commission is required to provide notice and a reasonable opportunity to the taxing
jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield
Plan Amendments from the Authority and directs the City Clerk to send a copy of
the proposed Brownfield Plan Amendments to the governing body of each taxing
jurisdiction in the City, notifying them of the City Commission's intention to consider
approval of the Brownfield Plan Amendments [after the public hearing described
below].
2. A public hearing is hereby called on the 13th day of July, 2004 at 5:30
p.m., prevailing Eastern Time, in the City Hall to consider adoption by the City
Commission of a resolution approving the Brownfield Plan Amendments.
3. The City Clerk shall cause notice of said public hearing to be
published in the Muskegon Chronicle, a newspaper of general circulation in the
City, twice before the public hearing. The first publication of the notice shall be not
less than 20 days or more than 40 days before the date set for the public hearing.
The notice shall be published as a display advertisement prominent in size.
4. The notice of the hearing shall be in substantially the following form:
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON THREE BROWNFIELD PLAN AMENDMENTS OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on Tuesday, the 13th day of July,
2004, at 5:30 p.m., prevailing Eastern Time in the City Hall located at 933 Terrace
Street, Muskegon, Michigan, to consider the adoption of a resolution approving
three Brownfield Plan Amendments for the City of Muskegon Brownfield
Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of
1996, as amended.
The properties to which the proposed Brownfield Plan Amendment applies
are:
Terrace Lots Office Building
700 Terrace St.
Muskegon, Michigan
Northern Machine Tool
2380 - 2390 Henry St.
Muskegon, Michigan
Art Works Apartments (Former Boilerworks)
1204 - 1208 Eighth Street
Muskegon, Michigan
Copies of the proposed Brownfield Plan Amendments are on file at the office of the
City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendments for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be
open for discussion at the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of
Muskegon, Michigan.
. ·~M- Q_~ dpy
City Clerk
5. All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are rescinded.
AYES:
Members Larson. Spataro. Warmington. Davis
NAYS:
Members None
RESOLUTION DECLARED ADOPTED.
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
State of Michigan, at a regular meeting held on June 22, 2004, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
~QJ_D_L r .
tyClerk
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN AMENDMENT
Northern Machine Tool Expansion
Terrace Lots Office Building
Art Works Apartments
Original Plan Approved by the Board of the City of Muskegon Brownfield
Redevelopment Authority on February 23, 1998 1 with amendments approved
August 10, 1998, June 13, 2000, April 15, 2003, July 7, 2003, and April 20, 2004.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with amendments approved August 11, 1998; July 11, 2000;
May 27, 2003, August 12, 2003, and May 25, 2004.
City of Muskegon Brownfield Plan Amendment
July 2004
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
I. INTRODUCTION
11. GENERAL PROVISIONS
A. Costs of the Brownfield Plan
B. Maximum Amount of Indebtedness
C. Duration of the Brownfield Plan
D. Displacement/Relocation of Individuals on
Eligible Properties
E. Local Site Remediation Revolving Fund
111. SITE SPECIFIC PROVISIONS
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11/98)
C. Beacon Recycling (Approved 7/11/00)
D. Verplank Dock Company (Approved 5/27/03)
E. Gillespie Development Property (Approved 8/12/03))
F. Loft Properties, LLC Property (Approved 8/12/03)
G. Parmenter O'Toole Property (Approved 8/12/03)
H. "The WaterMark" Project (Approved 5/25/04)
I. Northern Machine Tool (Approved
J. Terrace Lots Office Building (Approved )
K. Art Works Apartments (Approved
City of Muskegon Brownfield Plan Amendment
July 2004
I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential
properties within the boundaries of the City of Muskegon (the "City"), the City
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") pursuant to Act 381, Public Acts of Michigan, as amended ("Act
381"), and a resolution adopted by the Muskegon City Commission on February
10,1998.
The major purpose of this Brownfield Plan ("Plan") is to promote the
redevelopment of eligible properties within the City that are impacted by the
presence of hazardous substances in concentrations that exceed Michigan's Part
201 Generic Cleanup Criteria Criteria ("facilities') or that have been determined
to be Functionally Obsolete or Blighted. Inclusion of property within this Plan can
facilitate financing of environmental response activities, infrastructure
improvements, demolition, lead or asbestos abatement, and site preparation
activities at eligible properlies; and may also provide tax incentives to eligible
taxpayers willing to invest in revitalization of eligible properlies. By facilitating
redevelopment of underutilized eligible properlies, the Plan is intended to
promote economic growth fro the benefit of the residents of the City and all taxing
units located within and benefited by the Authority.
This plan is intended to be a living document, which can be amended as
necessary to achieve the purposes of Act 381. It is specifically anticipated that
properties will be continually added to the Plan as new projects are identified.
The Plan contains general provisions applicable to each site included in the Plan,
as well as property-specific information for each project. The applicable Sections
of Act 381 are noted throughout the Plan for reference purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act
381, as amended. Additional information is available from the City Manager.
City of Muskegon Brownfield Plan Amendment
July 2004
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(1)(a))
Any site-specific costs of implementing this Plan are described in the site-
specific section of the Plan. Site-specific sources of funding may include tax
increment financing revenue generated from new development on eligible
brownfield properties, state and federal grant or loan funds, and/or private
parties. Where private parties finance the costs of eligible activities under the
Plan, tax increment revenues may be used to reimburse the private parties. The
initial costs related to preparation of the Brownfield Plan were funded by the
City's general fund. Subsequent amendments to the Plan are funded by the
person requesting inclusion of a project in the Plan.
The Authority intends to pay for administrative costs and all of the things
necessary or convenient to achieve the objectives and purposes of the Authority
including, but not limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, including legal fees, and
iii) costs for Plan implementation
with any eligible tax increment revenues collected pursuant to the Plan.
However, at this time, there are no properties included in this plan that will utilize
tax increment financing and therefore there are currently no tax increment
revenues to pay for these costs. As noted above, most costs related to the
preparation of Plan amendments are borne by the person requesting inclusion of
a project within the Plan.
B. Method for Financing Costs of Plan (Section 13(1/(d) and (e)))
The Authority does not intend at this time to incur debt, such as through the
issuance of bonds or other financing mechanisms. In the future, the City or
Brownfield Authority may incur some debt on a site-specific basis. Please refer
to the site-specific section of this Plan for details on any debt to be incurred by
the City or Authority. When a property proposed for inclusion in the Plan is in an
area where tax increment financing is a viable option, the Authority intends to
enter into Development Agreements with the property owners/developers of a
properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be
specified in the Development Agreement, and also identified in the Site Specific
section of the Plan.
City of Muskegon Brownfield Plan Amendment
July 2004
C. Duration of the Brownfield Plan (Section 13(1)(Q)
The Plan, as it applies to a specific eligible property, shall be effective up
to five (5) years after the year in which the total amount of any tax increment
revenue captured is equal to the total costs of eligible activities attributable to the
specific eligible property, or thirty (30) years from the date of approval of the Plan
as it relates to an individual site, whichever is less. The total costs of eligible
activities include the cost of principal and interest on any note or obligation
issued by the Authority to pay for the costs of eligible activities, the reasonable
costs of a work plan or remedial action plan, the actual costs of the Michigan
Department of Environmental Quality's or Michigan Economic Growth Authority's
review of the work plan or remedial action plan, and implementation of the
eligible activities.
D. Displacement/Relocation of Individuals on Eligible Properties
(Section 13(1 )i, i,k.f))
At this time, eligible properties identified in this Plan do not contain
residences, nor are there any current plans or intentions by the City for
identifying eligible properties that will require the relocation of residences.
Therefore the provisions of Section 13(1)(i-l) are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(1){m))
At the time this Plan includes a property for which taxes will be captured
through the increment financing authority provided by Act 381, it is the Authority's
intent to establish a Local Site Remediation Revolving Fund ("Fund"). The Fund
will consist of tax increment revenues that exceed the costs of eligible activities
incurred on an eligible property, as specified in Section 13(5) of Act 381. Section
13(5) authorizes the capture of tax increment revenue from an eligible property
for up to 5 years after the time that capture is required for the purposes of paying
the costs of eligible activities identified in the Plan. It is the intention of the
Authority to continue to capture tax increment revenues for 5 years after eligible
activities are funded from those properties identified for tax capture in the Plan.
The amount of school operating taxes captured for the Revolving Fund will be
limited to the amount of school operating taxes captured for eligible activities
under this Plan. It may also include funds appropriated or otherwise made
available from public or private sources.
The Revolving Fund may be used to reimburse the Authority, the City, and
private parties for the costs of eligible activities at eligible properties and other
costs as permitted by Act 381. It may also be used for eligible activities on
eligible properties for which there is no ability to capture tax increment revenues.
The establishment of this Revolving Fund will provide additional flexibility to the
Authority in facilitating redevelopment of brownfield properties by providing
another source of financing for necessary eligible activities.
City of Muskegon Brownfield Plan Amendment
July 2004
SITE SPECIFIC PROVISIONS
I. Northern Machine Tool Expansion
Eligibility and Project Summary {Sec. 13{1 )(h))
Triple O Enterprises, LLC, intends to acquire property located at 2380/2390
Henry Street in Muskegon, Parcel #24-131-300-0034-00 ("Property"). The
Property is considered a "facility" pursuant to Part 201. A Phase I and II
Environmental Assessment, Baseline Environmental Assessment, and Due Care
Plan were conducted on behalf of Triple O Enterprises and Northern Machine
Tool. Over $33,000 in Muskegon Site Assessment Fund grant monies were
used to conduct the Phase II ESA, BEA, and Due Care Plan. This property is,
therefore, considered a "facility" pursuant to Part 201, and is therefore an eligible
property pursuant to Act 381. This eligible property includes all personal
property.
The Property is rectangular in shape and consists of approximately 0.6 acres.
Triple O Enterprises will construct an 8000 square foot building and lease the
completed facility to Northern Machine Tool Company (NMT). NMT will
undertake all operations and equipment purchases. NMT, a supplier to the
automotive, furniture and aerospace industries, has been located in Muskegon
since 1946. It specializes in progressive stamping dies, CNC machining and
horizontal boring millwork. NMT needs to expand its operation to address specific
testing and quality assurance needs that have been identified by existing
customers. This expansion will create 3 new skilled labor jobs and retain 45 jobs
in the City of Muskegon, and will involve private investment of over $800,000.
At this time, the existing NMT building on Alberta Avenue is too small to house
the needed equipment to perform these services. By adding a new building on
the adjacent property, the applicant could expand the company, install new
equipment and increase services without relocating. Conducting these testing
services on site would be much more efficient then current practices and would
expand its manufacturing capabilities and hopefully customer base by upgrading
the level of service it can provide. It is also hoped that new building will
accommodate additional manufacturing operations in the future, which would add
more jobs at this location.
A sister company that performs manufacturing services at this time for NMT's
operation, as well as other industries in west Michigan will also be impacted by
this expansion. This sister company would also be able to expand and add more
manufacturing jobs should business levels increase at NMT. Unfortunately, due
to current dependencies of this business on NMT and vice versa, this business
would also be relocated, if expansion is not feasible at this location.
City of Muskegon Brownfield Plan Amendment
July 2004
The plan for this project includes job retention in the current manufacturing
operation of Northern Machine Tool. This will retain an estimated 45 jobs and
add two to three more in the immediate future . It is hoped that new services that
will be available with this expansion will result in new business for the company
and possibly more jobs in the future. In additon, increased business at Northern
Machine Tool will potentially project more jobs at the sister company as well as
local suppliers and others who do business with Northern Machine Tool and its
employees.
These jobs are located in the middle of the City, promoting and mantaining the
health of other City businesses and residents. The retained jobs are skilled labor
jobs (machinists, CNC operators, etc.). A new Industrial Trades and Skills
Center is being built in Muskegon, following the passage of a bond issue by
County residents, to train young people in the types of technical skills that these
manufacturing jobs require.
The expansion project will also be integrated with various green space areas
and landscaping to enhance the functionality of the property, and meet
environmental restrictions applicable to the property. This will be an aesthetic
improvement to the existing structures and property, with landscaping and
structures that must be maintained as exposure barriers for the contamination
that is present on the site. As noted above, all plans and response activity has
been approved by the Michigan Department of Environmental Quality. This will
also improve the visual aesthetics along Henry Street, a well traveled commercial
corridor through the middle of the City of Muskegon.
Eligible Activities, Financing, Cost of Plan (Sec. 13(1)/a), (b). (c), (d), (g))
Eligible activities that have been conducted on the property include conducting a
Phase I and II Environmental Site Assessment, a Baseline Environmental
Assessment, and a Due Care Plan on behalf of NMT and Triple O Enterprises.
As a result of the findings of the ESA's, the following Due Care Response
Activities have been identified, and will be undertaken by NMT and Triple 0
Enterprises:
• An exposure barrier of clean fill will be placed over the existing contamination.
This area will be landscaped or covered with pavement or concrete to serve as
engineering controls to reduce exposure in the isolation zone.
• Storm and municipal sewers constructed in the contaminated area will utilize
piping with sealed joints to prevent transport of the material off site via these
utility corridors.
• All buildings constructed on this site will have concrete floors with sealed joints,
holes or penetrations.
City of Muskegon Brownfield Plan Amendment
July 2004
• All hazardous substances used on this property in the future will be managed
and stored properly to prevent exacerbation of the existing contamination
• Work practice precautions, barricade fences, and plastic sheeting and other
activities will be employed by contractors to mitigate inhalation and direct contact
exposures during the demolition and construction.
• As part of its due care responsibilities, the applicant will conduct periodic
inspections of floors/sub grade structures/paved areas/surface soils and sides to
assess and repair any breaches to the exposure barriers.
NMT and Triple O Enterprises will finance these activities; no eligible activities
are proposed to be financed with Brownfield tax increment revenues. As such,
there are no costs to the City of Muskegon or its taxing jurisdictions as a result of
the WaterMark Project being included in this Plan, and therefore no note or
bonded indebtedness to be incurred by the City.
Single Business Tax Credit
The expansion of Northern Machine Tool is included in the Plan to enable
"qualified taxpayers" as defined by Act 228 of 1975, as amended, to avail
themselves of eligibility for a credit against their Michigan single business tax
liability for "eligible investments" as defined by P.A. 228. "Eligible investments"
include demolition, construction, restoration, alteration, renovation, or
improvement of buildings or site improvements on eligible property and the
addition of machinery, equipment, and fixtures to eligible property after the
effective date of this Plan Amendment.
Effective Date of Inclusion in Brownfield Plan
The Northern Machine Tool Expansion was added to this Plan on
_ _ _ _ _2004.
City of Muskegon Brownfield Plan Amendment
July 2004
ATTACHMENT 1-1
SITE MAP, LEGAL DESCRIPTION
NORTHERN MACHINE TOOL EXPANSION
MUSKEGON, MICHIGAN
City of Muskegon Brownfield Plan Amendment
July 2004
NORTHERN MACHINE TOOL
LEGAL DESCRIPTION
Furnished Description:
The north 153.12 feet of the south 178.87 feet of the west 209 feet of the
northwesterly fractional¼ of the southwest¼ of Section 31, Town 10 north,
Range 16 west, the west 33 feet thereof used for street purposes.
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2360/2390 HENRY S1REET
Environmental Resources 1'Aanagement
MUSKEGON, MICHIGAN
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City of Muskegon Brownfield Plan Amendment
July 2004
SITE SPECIFIC PROVISIONS
J. Terrace Lots Office Building
Eligibility and Project Summary (Sec. 13(1 )(h))
The Terrace Lots Office Building project is located on 2.26 acres in downtown
Muskegon, 700 Terrace Street, Parcel #24-205-562-0001-00 ("Property"). This
Property was formerly part of the Teledyne Continental Motors facility. The City
of Muskegon acquired the Property in the late 1970's, at which time the former
Teledyne buildings were removed and parking lots were created. In the summer
of 2002, The Westwood Group acquired the Property, in part through assistance
from the City of Muskegon's Site Assessment Fund Grant, which provided
$23,000 to conduct Phase I and II Environmental Site Assessments, a Baseline
Environmental Assessment, and a Due Care Plan. As such, the Property is
considered a "facility" pursuant to Part 201 of NREPA, and is therefore an eligible
properly pursuant to Act 381. The current owner, MSB 11, LLC, is currently in the
process of having its own BEA conducted.
The project is an office building at the center of the redevelopment of the central
business district of the City of Muskegon. MSB II, LLC is a company comprised
of several construction lien claimants who provided about $650,000 in unpaid
materials & labor to The Westwood Group to build this partially completed office
building on the property. MSB II, LLC acquired fee title to the property as of June
2, 2004 when The Westwood Group failed to redeem it after foreclosure of the
construction liens. It is the intent of MSB 11, LLC to sell the property to a
developer who will complete the project. Current estimates indicate that an
additional $3.4 million in private investment will be needed to complete the
building.
National City Bank, the proposed tenant for whom the first story of the two-story,
22,000_square foot building was being constructed, is still interested in leasing
approximately 40-50% of the available space for use as a branch bank. The
remaining space would be available for commercial or business use.
The length of time that National City Bank is willing to wait for completion of the
building by a qualified developer is unknown. Therefore, time is of the essence.
As much economic incentive as is possible is necessary to motivate a developer
to take over and complete the project. In light of the well-known history of this
project, the public would undoubtedly benefit from simply having a completed
office structure
City of Muskegon Brownfield Plan Amendment
July 2004
Eligible Activities, Financing, Cost of Plan (Sec. 13(1\(a). (b), (c\. (d). (g))
Eligible activities that have been conducted on the property include conducting a
Phase I and II Environmental Site Assessment (ESA), a Baseline Environmental
Assessment, and a Due Care Plan, paid for with over $23,000 from Muskegon
Site Assessment Fund grant monies. The current owner is in the process of
having these documents completed on their behalf, pursuant to Part 201. MSB II
LLC will finance these eligible activities; no eligible activities are proposed to be
financed with Brownfield tax increment revenues. As such, there are no costs to
the City of Muskegon or its taxing jurisdictions as a result of the Terrace Lots
Office Building being included in this Plan, and therefore no note or bonded
indebtedness to be incurred by the City.
Single Business Tax Credit
The Terrace Lots Office Building is included in the Muskegon Brownfield Plan to
enable "qualified taxpayers" as defined by Act 228 of 1975, as amended, to avail
themselves of eligibility for a credit against their Michigan single business tax
liability for "eligible investments" as defined by P.A. 228. "Eligible investments"
include demolition, construction, restoration, alteration, renovation, or
improvement of buildings or site improvements on eligible property and the
addition of machinery, equipment, and fixtures to eligible property after the
effective date of this Plan Amendment.
Effective Date of Inclusion in Brownfield Plan
The Terrace Lots Office Building was added to this Plan on _ _ _ _ _2004.
City of Muskegon Brownfield Plan Amendment
July 2004
ATTACHMENT J-1
SITE MAP, LEGAL DESCRIPTION
TERRACE LOTS OFFICE BUILDING
MUSKEGON, MICHIGAN
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ENV, RESOURCES MG!!T.
14/04 16:40 FAX 616 399 3777
by:., WESTWOOD
'..
D£:$qijlf!TION OF SURWY
•A•
THAT PART OF LOTS 1, 2, AND 3 OF si:b<;;K 558, BEING PART OF VACATED WATER STREET,
AND PART OF Bl.CCI< 1567 OF TH!i:i REVJi.eD PLAT OF 1903 OF THE crrv OF MUSKEGON AS
RECORDED IN l.lBER 3 OF PLATS. PAG' 71, MUSKEGON COUNTY, MICHIGAN Dl:!SCRIBED AS
FOLLOWS: ·\
COMMENCING AT THE SOUYH MOST CORNER OF Bl.OCK 556;
. ' ~ '
THENCE NORTH 81 DEGREES 13 MINIJTI;(~ 1)0 SECONDS WEST (DEEP..N82"44'0D"W) Al.ONG THE
· NORTI-lEASTERLY LINE OF TERRACE S'ml\;l!!'i, AS EXTENDED, A DISTANCE OF 730.00 FEET TO
THE polfil OF BEGINNING:
THENCE NORTH 61 DEGREES 13 MINtJTiis oo 51::CONDS W!:ST ALONG $AID NORTHi;ASTeRLY
t..lNE OF TERAACe STREET, A OISTANCe:Of.'
.; 516.60 FEET; '
.
THENCE NORTHWESTERLY ALONG AN ~C OF A CURVE TO THE LEFT, A DISTANCE OF 2.49
FEeT, (SAID CURVE DATA BEING: DELTA)"'00"28'15",R=302,48', L..O,B...N61"27'09"W, A DISTANCE
OF 2.49 ~ TO A POINT BE!ING LOCAJIID ON THE SOUTHERLY RIGHT•OF-WAY OF SHORE
LINE ORM!): . '
THENCE£ NORTHEASTERLY AL.ONG THE~~i:>UTHERLY LINE 01' SHORE LINE DRIVE, ALONG A
CURVE TO THE RIGHT. AN ARC OIST~E OF 300.51 FEET, (SAID CURVl:l DATA BEING:
Oi=LTA=24°18'04", R=708.05', L.C.l:l.'•N82"0i!'41"fl, L.C,=.298.82') TO A POINT OF TANGENCY);
THENCE SOUTH 85 DEGREES 42 MINUTE$ 47 SECONDS EAST ALONG THE SOUTHERLY RIGHT· ·
OF..WAY OF SHORELINE DRIVI:. A DISTA~Ci: OF 147.:18 FEET;
.. .
TH!.<NCE SOUTH 42 DEGREl:S 00 MINUTE$ 00 SECONDS E!AST, A DISTANCE OF 37.54 FEET;
THENCE SOUTH 04 DEGREES 17 MINUT~ 13
SECONDS WEST ALONG THE NORTHERLY RIGHT- .
OF-WAY OF TERRACE STREET CONNECTQR, A DISTANCE OF 91.77 FEET:
THl:NCE SOUTHEASTERLY ALONG THE,.NORTHERLY RIGHT-OF-WAY OF TERRACE STREET
CONNECTOR, ALONG A CURVE TO THI:! Ll;fF;l", AN ARO DISTANCE Of' 132.23 FEET, (SAID CURVE
DATA BEING: OELTA=16"28'11", R=460,02",:'4C,B.=S03°56'55"E. L.C.=131.78');
THENCI!. SOUTH 23 DEGREES 17 MINUTE$ 55 Sf!CONOS WEST, A DISTAI\ICE OF 32. 50 FEET TO
THE POINT OF BEGINNING: ·,: .
SAID PARCEL CONTAINS 1. 63 ACRES MORE OR LESS.
3271-3/hm
@Joo:i
ENV. RESO\IRCES l!Gll'I',
6114104 16:40 FAX 616 39A 3777
2317220980; 08/09/02 10:37AM;J~#213;Pag,
t L,y: ,WESTWOOD
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(VACATEq[PPRTION OF TERRACE)
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ALSO TOGl!THER WITH THE FOLLOWIN~ VACATl:D PORTION OF TERRACE! Sl'REET LYING
AOJACENT TO PART OF BLOCKS 6611 ANQ $117 OF THE REVISED Pt.AT OF 1903 OF THE CITY OF
MUl?KEGON, AS DESCRIBED IN LIB!!l8( ~ OF PLATS OF PAGE 71, MUSKEGON COUNTY,
MICHIGAN, AND PART OF VACATl!!D WATJ=R STREET DESCRIBED M FOLLOWS:
,..
COMMENCE AT THE SOUTH MOST COR~R OF BLOCK 558 FOR TI1f: POINT OF BEGINNING;
. . ~ . .
THENCE NORTH 61 DEGREES 13 JYINIJ1'=~ 00 SECOND$ WEST (0£!EO-N62"44'00"W), ALONG
THE NORTHf!ASTeRLY LINE OF TERRACE STREET, AS EXTENDl:O, A DISTANCE OF 730.00 FEET
TO THE POINT OF BEGINNING; .,
THENCI:! SOUTH 69 DEGREES 51 MINt.rr~S: 52 SECONDS WEST ALONG THE: NORTHER!.Y LINE
OF MORRIS S'TREET CONNECTOR. A DISTANCE OF 19.43 FEET;
L1 '.
11-tfiNCE SOUTHW!STERLy ALONG A CI.JB\IE TO THE I.EFT, Sl:ING THE NORTHER!.y RIGHT-OF-
. WAY OF MORRIS STREET CONNECToR;if..fi,1_ ARC DISTANCE OF 60.98 FEET (SAID CURVE DATA
BEING: DELTA=12"67'22".
. R'-269.56', L.C.!l=S63"23'11"W,
-.'
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LC.=80.85'):
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THf!NCE NORTH 61 PE;GREES 12 MINTU~\$ J?4 SECONDS Wl'!ST, A DISTANCE OF 384.34 FEET;
,,
THENCE NORTH 28 DEGREES 47 OEGREqS:56 SECONDS EAST, A DISTANCE OF 64.63 FEET;
THENCE SOIJ'TH 111 DEGREES 13 MINUT~S; 00 SECONDS £!'.AST ALONG THE NORTHEASTI:RLY
LINE OF TERRACE STREET AS EXTENO}!O. A DISTANCE OF 431.64 FEET TO THE POINT Of
BEGINNING. ',' .
. SAID PARCEL CONTAINS 0.<$0 ACRES MOFl!!.:OR LESS.
3271-Virm
li!)002
ENV, RESOURCES !!GMT,
00/14/04 10:47 PAX 616 399 3777
2317229960; 08/09/02 10:38AM;JlllfB&_#213;Page 4/4
Seljt _b.y:, WESTWOOD
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(VACATED P~TJON OF TERRACE: STREET)
ALSO TOGETHER WITH THE FOLLOwjNi,. VACATED PORTION OF TERRACE STREET LYING
AD,IACENTTO PART OF BLOCKS 558~557 OF THE REVISED PLAT OF 1ll03 OF THE CITY OF
MUSKEGON, AS PESCRJl'll!O IN I.IBER _:,; QF PLATS, PAGE 71, MUSKEGON COUNTY, MICHIGAN,
ANO PAAT OF VACATED WATER STR~ ~ESCRIBEOAS FOLLOWS:
COMMENCE AT THE SOUTH MOST CORt,lqR OF SLOCK 556 FOR THE POINT OF BEGINNING;
•, .
THENCE NORTH 81 DEGREES 13 MIN~S 00 S~CONDS WEST (DEED=N02"44'00"W), Al.ONG
THE NORTHEASTERI-Y LINE OF TERRACE STREET, AS EXTENDED, A DISTANCE 01' 1161.64
FEET TO THE POINT Of BEGiNN!f:IG; i: .
THl::NCE SOUTH 28 DEGREES 47 MlN!JlJS 511 SECONDS W!i'ST, A DISTANCE OF 1;14,63 Fl:ET;
\"•
THENCE NORTH 00 DEGREES OB MINl.JT~S 13 SECONDS EAST, A DISTANCE OF 73.64 FS:!T;
THENCE SOUTH 01 DeGREES 1a MINUT~Ei oo secONos WEST, A 01srANce OF 35,:,.2 FEET To
THE fOJNT Of BEGJNNJNG, '' ·
SAID PARCEL CONTAINS 0.03 ACRES MORE! OR LESS.
3271-3/lrm
City of Muskegon Brownfield Plan Amendment
July 2004
SITE SPECIFIC PROVISIONS
K. ART WORKS APARTMENTS
Eligibility and Project Summary (Sec. 13(1 )(h))
th
The former Muskegon Boilerworks property is located at 1204 8 Street, parcel
#61-24-921-010-0013-00, and is described as: Lots 9-13, Block 317, Revised
Plat of the City of Muskegon, according to the recorded plat thereof as recorded
in Uber 3 of Plats, Page 71 ("Property"). The Property is characterized as a
"facility" pursuant to Part 201 due to the identification of various heavy metals
and polynuclear aromatic hydrocarbons (PNAs) in site soil samples at
concentrations that exceed MDEQ Generic Residential Cleanup Criteria. As
such, a Baseline Environmental Assessment and Due Care Plan were prepared
on behalf of Artworks Muskegon, LLC and submitted to the MDEQ for a
determination of adequacy. The MDEQ affirmed the adequacy of the BEA on
March 11, 2004. This Property is therefore, an eligible property pursuant to Act
381. This eligible property includes all real and personal property.
The project, Art Works Apartments, involves the renovation and conversion of the
139 year-old former Muskegon Boilerworks industrial building into 26 units of
affordable housing plus over 2,000 square feet of community space to be used
primarily for the creation and exhibition of the works of art produced by the
resident of Art Works. Each of the 26 apartments will be a one-story, two-
bedroom, two-bathroom unit. The population to be served by this development is
anticipated to be one and two person households. Development costs to
transform this former industrial building to apartments are estimated at over $5.6
million.
Eligible Activities, Financing, Cost of Plan (Sec. 13(1)(a). (b). (c). (d). (g))
Recent eligible activities that have been conducted on the property include
conducting a Phase I Environmental Site Assessment (ESA), a Baseline
Environmental Assessment, and a Due Care Plan, paid for with over $7,000 from
Muskegon Site Assessment Fund grant monies. Previous eligible activities
conducted in 2002 on the Property with use of Muskegon Site Assessment Fund
grant monies included a Phase I and II ESA and BEA conducted on behalf of the
Westwood Group, at a cost of over $23,000. As such, there are no eligible
activities proposed to be financed with Brownfield tax increment revenues,
therefore there are no costs to the City of Muskegon or its taxing jurisdictions as
a result of the Art Works Apartments being included in this Plan, and therefore no
note or bonded indebtedness to be incurred by the City.
City of Muskegon Brownfield Plan Amendment
July 2004
Single Business Tax Credit
The Art Works Apartments Property is included in the Muskegon Brownfield Plan
to enable "qualified taxpayers" as defined by Act 228 of 1975, as amended, to
avail themselves of eligibility for a credit against their Michigan single business
tax liability for "eligible investments" as defined by P.A. 228. "Eligible
investments" include demolition, construction, restoration, alteration, renovation,
or improvement of buildings or site improvements on eligible property and the
addition of machinery, equipment, and fixtures to eligible property after the
effective date of this Plan Amendment.
Effective Date of Inclusion in Brownfield Plan
The Art Works Apartments Property was added to this Plan on
- - - - -2004.
City of Muskegon Brownfield Plan Amendment
July 2004
ATTACHMENT K-1
SITE MAP, LEGAL DESCRIPTION
ART WORKS APARTMENTS
MUSKEGON, MICHIGAN
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City of Muskegon Brownfield Plan Amendment
July 2004
Legal Description
The Art Works Apartments
City of Muskegon, northwest¼, of the northwest¼, of Section 30, T.1 ON,
R.16W.
Commission Meeting Date: June 22, 2004
Date: June 15, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Sale of City-Owned Property- 361 Oak
SUMMARY OF REQUEST: To approve the sale of the City-owned
property at 361 Oak to Ms. Lisa Fox of 2147 yth St, a first-time
homebuyer for the price of $111,000 with a subsidy of $26,000. The site
at 361 Oak is the former site of an old Turnkey 3 home that was
demolished last year during the Operation At Long Last AKA
Shangaliwa Cel~~ration.
The demolition of the former structure, the construction and sale of the
new home is one more example of the City's aggressive efforts to
revitalize our neighborhoods by eliminating blight and promoting
homeownership.
FINANCIAL IMPACT: The City will receive approximately $80,000 that
will be deposited in the HOME account
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale and direct the Mayor
and City Clerk to sign the Quit Claim
COMMITTEE RE~OMMENDATION: None
MUSKEGON CITY COMMISSION
2004-57(r)
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 361 OAK
WHEREAS, the City of Muskegon is 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 new construction home for $111,000 which is
located at 361 Oak to be used as a single family owner-occupied home to Lisa
Fox with a subsidy of $26,000.
nd
Adopted this 22 day of June, 2004
Ayes: Larson, Spataro, Warmington, Davis
Nays: None
LF_Reso/11tio11
CERTIFICATION
2004-57(r)
This resolution was adopted at a regular meeting of the City Commission, held on June
22, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By _ _~=-'
ai=l =~=_=K~u~9 ~d~i~-g-~-r,~M-M_C_
~_C_i-ty.....+--~e-rk_ _ _
•
•II
- -- --
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO Lisa Fox of 2147 Seventh, Muskegon Heights, Michigan 49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
3610ak de.eel /'c-l'cco,,.cJt>JJ fo Corre-~/- c/of/qr qt>lou,,,"/' c1;i jlru/,ov.J~
rc.c,or,:1~£ deud L- 3C./'/ /7-'!72
City of Muskegon revised plat of 1903 Lot 4 Block 202
for the sum of One Hundred and Eleven thousand and no/100 Dollars ($ 111,000.00)
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 /! 1;, day of dy-us f- , 200_1_.
By
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this //.;/, day of Af{tlf. s f- , 200_L, by
Stephen J. Warmington and Gail A. Kundinger. Ml\.1C, Mayor and City Clerk, respectiv i of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
~ )J l1ffu
PREPARED BY: L/111la S- /lo 71- er
John C. Schrier Notary Public, Muskegon County, Michigan
Pannenter O'Toole My commission expires: '/- o? .S-- o ?,
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
O :\CNSICOMMONIWPDATA\HOME\Quit Claim Fox.doc
5115298
L-3614 P-972
1111111111 111111 111111
Mark Fairchild, Muskegon Co ROD 002
08/12/2004 11 :47A
Page: 1 of 1
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 Lisa Fox of2147 Seventh, Muskegon Heights, Michigan 49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
361 Oak
City of Muskegon revised plat of 1903 Lot 4 Block 202
for the sum of One Hundred and Eleven and no/100 Dollars($ 111,000.00)
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i). .
Dated this ~ day of _ J. +,.,...¥----___J' 200i._.
=-e:i«6
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this j!!:.._
day of Ju~ ,
200 f_, by
Stephen J. Warmington 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
~ sd:2/1,,@,
Notary Public, Muskegon County, Michigan
Pannenter O'Toole My commission expires: 7 - ol .S--0 w
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: June 22, 2004
Date: June 15, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Quit Claim for the Purchase of City-
Owned House at 351 Erickson
SUMMARY OF REQUEST: To approve the sale of 351 Erickson a
totally rehabilitated home under the Jackson Hill Urban Renewal project
#2 (We Got It Right This Time) for the amount of $82,500 to Mr. Alvin
Singleton of 1186 Jefferson a first-time homebuyer. The home was
appraised at $96,000 with a subsidy of $13,500. The Erickson project is
another fine example of the City of Muskegon continuous efforts to
upgrade its existing housing stock and to revitalize its neighborhoods.
FINANCIAL IMPACT: The City will receive approximately $78,000 in
program income that will be deposited in the HOME account.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and direct the
Mayor and City Clerk to sign the Quit Claim
COMMITTEE RECOMMENDATION: Project was approved by the LRC
MUSKEGON CITY COMMISSION
<2 0 0 4 - 5 7 ( s )
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 351 ERICKSON
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable singly-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 $96,000 which is located at
351 Erickson to be used as a single family owner-occupied home to Alvin
Singleton with a subsidy of $13,500 in its current rehabilitated condition.
Adopted this 22nd day of June, 2004
Ayes: Spataro, w9 rmington, Davis, Larson
Nays: None
CERTIFICATION
2004-57(s)
This resolution was adopted at a regular meeting of the City Commission, held on June
22, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
C ITY OF MUSKEGON
By~L_-_O
__ ~
---+I--~ -- ~
Gail A. Kundinger, MMC, City Clerk
-
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a mw,icipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO Alvin Singleton of 1186 Jefferson, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, Cow,ty of Muskegon, State of Michigan, to wit:
351 Erickson
City of Muskegon revised plat of 1903 S ¾ Lot 10 Block 137
for the sum of 96,000 and no/100 Dollars ($ 96,000.00)
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 &t,/ day of _...,J,<-Jdu.,/,._v_ _ _ _.......c, 200 _i.
V
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this~ day of J:« if- , 200 by L
Stephen J. Warmington 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 Cow,ty, Michigan
Parmenter O'Toole My commission expires: 'J· .?u-- o?,
175 W. Apple Ave., P. 0. Box 786
Muskegon,Ml49443..Q786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BlLLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Agreement for Engineering Seivices
SUMMARY OF REQUEST:
Authorize staff to enter into an agreement, copy of which is attached, with Douglas V.
Ericksen to provide assistant to the engineering department in the capacity of a Civil
Engineer. As you may recall, the Mr. Ericksen worked for the City for over 30-years
until retiring in 2002 as a Civil Engineer. This short term contract, if approved, is
necessary to overcome the shortage in experienced staff needed to provide
construction engineering for the most part.
Furthermore, it is respectfully requested that staff be authorized to extend and/or
terminate said agreement to best serve the city.
FINANCIAL IMPACT:
Approximately $8,000 based on an estimated 400-hours of work.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To authorize staff to enter into an agreement with Doug.
COMMITTEE RECOMMENDATION:
.
Company Name Here .
Memo
To: Mayor & Commissioner
From: Mohammed AI-Shatel J/t-
,·71]
CC: B. Mazade
B.Kuhn
L. Slaughter
K. Scholle
Date: 06/22/04
Re: Revised Engineering Services Agreement
Please replace the Engineering Services Agreement for Mr. Ericksen (in the Commission packet for the
meeting of June 22, 2004) with the attached. The revisions are all in section 1.1 to clarify Mr.
Ericksen's responsibilities.
• Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
(REVISED 6/22/04)
This agreement is made between the CITY OF MUSKEGON ("City"), and DOUGLAS V.
ERICKSEN (""Ericksen'') concerning professional personnel related services.
THE PARTIES AGREE AS FOLLOWS:
1.0 CONCERNING PROFESSIONAL SERVICES
1.1 Ericksen agrees to perform, under the general direction of the City Engineer and
the administrative supervision of the City Manager, the TASKS OUTLINED IN
THE CIVIL ENGINEER DESCRIPTION. Ericksen agrees to perform the
Civil Engineer's duties as outlined in the job description for such classification.
1.2 By this agreement Ericksen is appointed, for its term, as a Civil Engineer for the
City of Muskegon.
1.3 Ericksen will perform said services at such times that are reasonably necessary as
d_irected by the City Engineer to carry out his commitments, obligations and
services contracted for.
2.0 COMPENSATION FOR SERVICES
2.1 The City will compensate Ericksen $18.00 per hour. Ericksen shall invoice the
City for ·time spent and City shall pay Ericksen based upon that invoice.
3.0 TERM AND TERMINATION
3. I This agreement is effective 06/28/2004, and will continue until I 0/0 I /2004
unless terminated earlier.
Renewals or extensions may occur on mutually acceptable terms.
3.2 The City reserves the right to terminate this agreement upon a two week written
notice to Ericksen.
4.0 GENERAL AND SPECIFIC CONDITIONS
4.1 Ericksen agrees that he is an independent contractor. He is required by this
contract only to render services at such times and on such schedules as agreed
upon between Ericksen and the City Engineer. Ericksen acknowledges that he is
not an employee, that he has no rights to continuing benefits, withholding of
FICA contributions, tax withholding, unemployment, workers compensation,
additional pension credits, insurance for active employees or other employment
fringe rights or benefits, and that his compensation is limited to the hourly
compensation set forth above. This acknowledgment does not affect any benefits
Ericksen may have as a retiree of the City.
O:IENGINEERING\COMMON\AGREEMENT FOR PROFESSIONAL SERVICES-Ericksen.doc
4.2 Ericksen agrees to exercise his best effo1t to avoid representation of any person,
party, or entity in any cause contrary to the interest of the City. He will also
desist from represeming any person, party, or entity on any matter in which the
City is or may become an opposing party.
IN WITNESS WHEREOF, the parties execute this agreement this 23 -' day
of~,2004.
O:\ENGINEERING\COMMON\AGREEMENT FOR PROFESSIONAL SERVICES-Ericksen.doc
Commission Meeting Date: March 23, 2004
Date: March 16, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Ck:JC
RE: Rezoning request for property located at 955 W. Laketon.
SUMMARY OF REQUEST:
Request to rezone property located at 955 W. Laketon, from B-4, General Business to
RT, Two Family Residential.
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 3/11 meeting and
recommended that the City Commission ask the ZBA to reconsider the hardship
application for this property. The denial request was approved with Commissioners S.
Warmington, B. Smith, and T. Michalski voting nay. T. Johnson was absent.
3/16/2004 1
.L CALL/ACTION SHEET )_OO 'f- J ;;2 0,)
SENT NAME ACTION AYES NAYS COMMENT
Commissioner Davis ✓ /
,,.,.
_ r1
.,I, ·,
•JJ.
Commissioner Gawron
" J_, t.l-< c.-· :' r:J J
Vice Mavor Larson M ✓- K ,_1LJ , 0 . .f_..<>.ue_.o j-
.
G .N
' ()
Commissioner Soataro V' /\cl .c· f&,,J, +3 2-6/1
Mavor Wannington v' _a.~ ,,,71__.,, __ ,,,...,.,_:,. .J..,.1,.._, ~ . , A .•
Commissioner Carter 5 1.,./ !- C~ • ••,,.() "i'-11'A' A o '
' I u
I
Hc<l)-
CITY OF MUSKEGON
RESOLUTION #2004-
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located at 955W. Laketon, from B-4, General Business to
RT, Two Family Residential was considered by the Planning Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on March 11,
2004, and;
WHEREAS, the Plarnring 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 23 rd day of March, 2004.
Ayes:
Nays:
Absent:
By: _ _ _ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Mayor
I hereby ce1tify that the foregoing constitutes a hue 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 March 23, 2004.
Gail A. Kundinger, MMC, City Clerk
3/16/04 2
~ •
City of Muskegon
~
~ Planning Commission w-❖-,
Case # 2004-08
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 11, 2004
Case 2004-8: Request to rezone the property located at 955 W. Laketon from B-4, General
Business to RT, Two Family Residential, by Michael and Caterina Holt.
BACKGROUND
Applicant: Michael and Catetina Holt, 160 John Avenue, Muskegon, MI 49441
Address/Location of Subject Property: 955 W. Laketon
Current Use: Single Family Residential
Current Zoning: B-4, General Business
Proposed Zoning: RT, Two Family Residential
STAFF OBSERVATIONS
1. The subject property is located near the intersection of Hudson and Lalceton Avenue. It is Zoned
B-4, General Business. The properties to the East and West are also zoned B-4. The properties
located to the North and South are zoned R-1, Single Family. This property is located across the
street from the southern edge of Area 12.
2. This case is a result of an enforcement action and went before the ZBA twice for a Use Variance
request to allow the property to be rented as a 2-unit apartment building in The B-4, General
Business District as Case 2003-10 and 2004-02. In both instances, the ZBA denied the request.
See excepts ofZBA minutes provided below.
3. Background excerpted from ZBA Staff report. The Housing Inspector brought the situation to
staff's attention. The entire south side of Lalceton Ave., from Seaway Dr. to Barclay St. is zoned
B-4, including the subject property. From the subject property eastward on this side of Laketon is
almost entirely commercial, with only one other residential property. The property was
historically a legal nonconforming two-unit apartment building, with the first floor being owner-
occupied by Edward Mikos. However, since at least 1996 the upper apattrnent had been vacant.
The previous property owner had participated in the City's paint progratn in 1996, which allows
financial assistance for paint only for single-fatnily homes. In order to qualify for the progratn, the
homeowner agreed not to rent out the upper apattrnent, and signed agreements to that effect in
1996, 1997 and 2000. Mr. Mikos has since passed away and the property has been sold. The
Housing Inspector becatne awat·e that the new owners are renting out both units and aletied staff
to the situation. Staff wrote an enforcement letter to the c1ment owners apprising them of the
3/16/04 4
situation and explaining that the upper apartment has lost its nonconfmming status since it had
been vacant for more than 2 years.
4. The proposed use of the property is for a 2-unit apartment building. Fmmer Zoning staff gave
the applicant several options after the variance was denied, these included: Conversion of a
portion of the building to office use. The building could be used as a single family residential unit
as a legal non-conforming use. Rezone the property. Finally the illegal upstairs unit could be
closed off and left vacant.
5. The Future Land-Use Map shows the subject property as Commercial.
6. The subject property is located in Sub-Area 6: Barclay Street Sub-Area:
♦ It is the goal of the Master Plan to retain the mixed-use character of Sub-Area 6 and to
demonstrate how varying land uses may co-exist, as well as compliment each other.
♦ Sub-Area issue: Commercial activity may also be found along Laketon Avenue, between
Barclay Street and Seaway Drive. Commercial uses are situated in strip fashion along the
roadway and include a variety oflocal retail and service facilities.
♦ Sub-Area issue: Commercial development along Laketon Avenue has been restricted to the
area between Seaway Drive and Barclay Street. Pressure may result to extend commercial
uses farther west due to the large population concentration in this area.
♦ Master Plan Recommendation: Restrict commercial development along Laketon Avenue to
Barclay Street.
7. Public Comments:
• Planning Staff received a phone call from Bob Ferris from Dowd street who is against having
a 2-farnily home there, but when he learned what could be allowed under the current zoning,
he would rather have the 2-farnily home there.
• Planning Staff received a phone call from Robe1t Mooney of 1848 Dowd who said that he is
opposed to the zoning. He stated that there are already enough problems in the neighborhood
without rezoning the sh·ucture to a 2-farnily. He added that there are already 2 families living
there.
ZBA Minutes:
Hearing, Case 2003-10: Use Variance request to allow 955 W. Laketon Ave. to be rented as a 2-unit apartment
building in the B-4, General Business, zoning district, by Michael and Caterina Holt. D. Steenbagen presented the
staff report. This case is the result of an enforcement action. The Housing Inspector brought the situation to staffs
attention. TI1e entire south side of Laketon Ave., from Seaway Dr. to Barclay St. is zoned B-4, including the subject
property. From the subject property eastward on this side of Laketon is almost entirely commercial, with only one other
residential property. The property was historically a legal nonconf01ming two-unit apmiment building, with the first floor
being owner-occupied by Edward Mikos. However, since at least 1996 the upper apartment had been vacant. The previous
property owner had participated in the City's paint program in 1996, which allows financial assistance for paint only for
single-family homes. In order to qualify for the program, the homeowner agreed not to rent out the upper apatiment, and
signed agreements to that effect in 1996, 1997 and 2000. Mr. Mikos has since passed away and the property has been sold.
The Housing Inspector became aware that the new owners are renting out both units and alerted staff to the situation. Staff
wrote an enforcement letter to the current owners apprising them of the situation a11d explaining that the upper apmiment
has lost its nonconforming status since it had been vacant for more than 2 years. The cmrent owners had three choices,
3/16/04 5
either to cease renting out the upper apartment and leaving the property as an existing non-confonning single-family
building, to apply for a use variance to allow a 2-unit apartment building in the B-4 district, or to apply to have the property
rezoned to a district which would allow a 2-unit apartment building. The owners have since made this use variance request.
The Housing Inspector conducted an inspection of the property in May. There were several code violations found in both
apat1ment units. If the use variance is approved, the property will still be required to have a Certificate of Compliance from
the Inspections Department before the upper unit can legally be rented out. The zoning ordinance requires that all
residential uses have 2 paved, off-street parking spaces per unit. If the use variance is approved and this property is used as
a 2-unit, there would have to be four paved spaces provided. There is a paved driveway on the property and also a second
access off of the alley, which is graveled, and leads to a graveled area behind the home, which appears to also be used for
parking. Any pm-king area for the property needs to be paved. Staff has received a phone call from Bob Ferris, speaking for
his mother Josephine who lives in the area. He was not sure which property would be affected but is opposed to the request
because there are too many drifters in the area now and rental properties are not being kept up. Staff has also received a
voice mail from Steve Gawron who is opposed to the request unless they are looking at all the zoning along Laketon Ave.
R. Hilt asked how long the home had to be single fmnily in order to participate in the paint program. D. Steenhagen stated
that the program required it be single-family at the time of the service. J. Clingman-Scott asked about the agreement not to
rent. D. Steenhagen stated that the agreement was with the inspections department. R. Hilt asked when the property lost its
non-conforming status after 2 years of not being used, and once the property is sold, were the new owners notified. D.
Steenhagen stated that the purchaser should have been informed of this by the previous owner or the realtor. C. Holt
provided members with pictures of the home and a type written response to staffs concerns and answers to the findings of
fact. She stated that they are responsible landlords. When an inspection is pe1formed, the repairs that need to be made are
completed before the next visit. She has already made some of the requested repairs that the Inspections Department had
listed from their visit this year. R. Schweifler asked how many enn·ances there were to the upstairs apartment. C. Holt
stated that there is a common m·ea at the rear for both apartments that contains a door to each of the apm1ments plus a door
in front to the lower unit. C. Kufta asked why the applicant wasn't trying to utilize the lower apartment for commercial use,
such as a realtor's office. C. Holt stated that there wouldn't be enough parking in the rear of the property that a business
would require. C. Kufta asked how many parking spaces she thought there were on the property. C. Holt stated that there
was about 4 spaces with an allowance for maneuvering. One of them may be parking on the grass a little. The way the
property is set up is that you would pull in the driveway from the street and park in the back. You could leave the property
by continuing to drive to the alley. R. Hilt asked if she was informed by the realtor or owner that the property had lost its
non-conforming status. C. Holt stated that she wasn't infonned of this. The realtor knew her intention was for this to be a 2
unit rental property. R. Hilt asked if she had spoken to the realtor since she found this out. C. Holt stated that she has. They
found out the plumbing was faulty and the realtor told her that the property was sold "as is". The owner had passed away
and his 4 children were the ones selling the property. R. Hilt stated that he felt the ordinance wasn't the problem. The fact
that the applicant wasn't notified that the prope1ty had lost its non-conforming status is the problem. C. Kufta asked what
the square footage of the home was. C. Holt stated that the main floor was just over 1,000 sq. ft. The upper apartment was
about the smne or just under that.
A motion to close the public hem·ing was made by R. Schweifler, supported by R. Hilt and unanimously approved.
C. Kufta stated that he couldn't get past the fact that this is in a commercial wning and he felt that it wasn't proven that it
couldn't be a conunercial use. D. Steenhagen stated that B-4 is the most intensive use and ahnost any commercial use
would be allowed there. C. Kufta asked how many parking spaces would be required for a commercial/retail space. D.
Steenhagen stated that it would probably be 1 space per 300 or 400 sq. ft. of useable space depending on the use. R.
Schweifler stated that the ordinance would allow for the lower apartment to be rented to a commercial use and residential
for the upper apartment. He felt the ordinance is the problem and the building probably outdates the ordinance. He feels
this is an appropriate use for the area and would support this variance. J. Clingman-Scott asked how the surrounding
properties were zoned, such as on Dowd St. D. Steenhagen stated that it is zoned single family. C. Kufta stated that they
would also need to look at what is compatible with the over all m·ea since there is single family behind it. He has a couple of
issues. The frrst is whether a multi-family residential would be compatible with the area. The second is whether this could
be utilized with commercial located in the lower with residential in the upper. D. Steenhagen stated that in general, staff
considers busier streets to be more compatible with multi-family residential. R. Hilt stated that the plight is that the
applicant probably wouldn't have purchased the property if they knew the prope1ty couldn't be used as a two family
3/16/04 6
residential. He felt it was the realtor's responsibility to know this. R. Schweifler agreed. There would need to be some
extensive rehabbing to make this compliant with ADA codes to make this into a commercial use building. He felt the house
lends itself to be a 2-unit home. C. Kufta stated that he is sympathetic with the plight of the applicant. When looking at the
findings of fact, he doesn't feel that it was proven that this couldn't be used for commercial. J. Clingman-Scott stated that it
could be made into commercial, but it would be costly. It would be easier to conve1t it to a single-family dwelling. Her
preference would be to have it a single family home. R. Hilt stated that he is concerned with the number of exits for each
apartment. D. Steenhagen stated that if there had been a problem, the Inspections Department would have probably noted it
in their inspection repmt. C. Kufta stated that he felt it wasn't proven that this couldn't be used for commercial. R.
Schweifler asked what the uses are for a B-4 zoning. S. Schiller read them to the commission members. R. Schweifler
stated that he couldn't see this property being used for the uses that were read. C. Kufta added that B-2 zoning uses could
also be allowed. He read them to the commission members. R. Schweifler asked what the parking requirements would be
for the uses. D. Steenhagen stated that it would depend on the use. She gave some examples. R. Schweifler felt they
should look at what is allowable and use reasonable judgement. It would be hard to use this home for the allowable uses
under the zoning.
A motion that to deny the request because no proof was provided that the property at 955 W. Laketon Ave. couldn't be put
to a reasonable use allowed in the B-4 zoning district was made by C. Kufta, suppmted by R. Hilt with discussion
continuing on the motion.
R. Schweifler suggested that it may be more appropriate to table this and allow for the owner to prove that this couldn't be
put to a reasonable use permitted in the zoning disn·ict instead of making the owner wait a year to try to get a variance then.
A motion to table the request was made by R. Schweifler, supported by J. Clingman-Scott and approved with S. Schiller
voting nay.
Case 2003-10: Use Variance request to allow 955 W. Laketon Ave. to be rented as a 2-unit apartment building in the
B-4, General Business, zoning district, by Michael and Caterina Holt (tabled). C. Holt provided the commission
members with a quote from a general contractor for the conversion of the bathroom and back entrance so they would be
handicap accessible. The quote was also for the flattening and paving of the rear portion of the property for parking. The
quote came to $37,000. There would be additional costs involved with this to cater to any business that would locate there.
She provided and explained pictures of the interior of the first floor aparnnentto tl1e commission members.
D. Newsome arrived at 4:11 p.m.
R. Hilt asked if she had any further contact with the realtor. C. Holt stated that she had, but it didn't help the situation any.
The home was sold to her "as is". R. Hilt felt realtors need to do their job and explain everything to a prospective purchaser.
He felt the applicant had explained her intent for the property to the realtor and it was the realtor's job to make sure it would
be okay. He stated that the realtor is at fault and not the City codes. J. Clingman-Scott asked if the applicant had
investigated the possibility of a commercial use for the property. C. Holt stated that she doesn't own any commercial
prope1ties and wouldn't know how to go about doing this. She only owns residential properties. C. Kufta asked if the
applicant was willing to use the home as a single family home. C. Holt stated that by doing this she would be required to
perform renovations to the home. The stairway located in the common area would need to be refigured which would make
the upstairs bathroom unusable. The area would also need to be insulated and drywalled. C. Kufta stated that his opinion
hasn't changed. He felt that no proof was provided showing that the home couldn't be put to a reasonable use under the
current zoning. R. Schweifler asked staff what would be required to convert this into a commercial use. D. Steenhagen
stated that it would need to be brought up to commercial building code requirements. R. Schweifler added that it would also
need to be ADA compliant, etc. He felt the quote the applicant had provided was expensive. J. Clingman-Scott stated that
there had been no attempt to market the prope1ty as a commercial use. R. Hilt stated that he would like to see realtor do
better research on properties prior to selling them. Especially if they know the intent of the purchaser is.
S. Schiller stated that only the members who were present when this case was fast heard last month should be voting on
this.
3/16/04 7
A motion to deny the request because no proof was provided that the property at 955 W. Laketon Ave. couldn't be put to a
reasonable use allowed in the B-4 zoning district was made by C. Kufta, suppmted by J. Clingman-Scott and unanimously
approved with E. Fordham and D. Newsome abstaining.
Hearing, Case 2004-2: Use Variance request to allow 955 W. Laketon Ave. to be rented as a 2-unit apartment
building in the B-4, General Business, zoning district, by Michael and Caterina Holt. D. Steenhagen presented the
staff report. This case came before the ZBA in June and July of last year. At that time the use variance was denied, an
excerpt of the minutes from the previous two meetings was provided to the commission members. The Zoning Ordinance
requires that if a variance is denied, the applicant must either wait a year before re-applying or must provide new evidence
to the satisfaction of the Zoning Administrator. The applicant in this case has provided new evidence. Since the time of the
variance denial, staff has worked with the applicant on the original enforcement case. The applicant understands that the
options, if the variance were to be denied again, are to either conve1t the structure to a single-family residence, to convert the
main floor to a commercial use with a residential apartment upstairs, or to leave the upstairs apartment vacant and only rent
out the main floor apartment. The applicant has provided additional information which was provided to the commission
members. At the previous meetings, it was stated that the ZBA did not feel that an attempt had been made to either market
or rent out the main floor for a commercial use, to comply with the existing zoning. The applicant has provided letters from
two commercial realtors addressing the potential marketing or use of the structure for commercial purposes. The applicant
has also provided a survey of the other existing uses along this pmtion of Laketon Ave., as well as quotes for converting the
structure into either a single-family structure or a commercial structure (main floor). In order to convert the structure into a
single-family home, staff had indicated to the applicant that there would need to be one, common entrance to the home, and
that the staiiway must be opened up to be accessible only from the first floor living space. The meters must also be
consolidated. The residence would have to be rented to a single family and would have to function as a single-family home.
Staff has received one e-mail which was provided to the commission members regarding this case. Staff has also received 2
phone calls. The first was from Bob Feffis of 1832 Dowd. He is opposed to this request because he felt it's hard to get
good tenants in multi-unit dwellings. The second was from Randy Kyle of936 W. Laketon who had questions and stated
that it seemed like a nice house. He gave no opinion.
B. Larson asked if the variance were approved, does it remain with the applicant or stay with the property. D. Steenhagen
stated that it would stay with the prope1ty. C. Holt went over the history of the home. She has owned the home for almost a
year. She purchased the home with the intention of renting it as a duplex. She stated that there are other commercial
buildings along Laketon that are cun-ently vacant. TI1e commercial buildings look commercial and not like a home. She felt
that this duplex would be better served as a 2 unit since that is the way it was originally set up. J. Clingman-Scott asked
how the property is cun-ently being used. C. Holt stated that she has I family that is renting it, but they are using both parts
of the home. D. Steenhagen added that structurally, this is a 2 unit home. R. Hilt asked why the request is for a variance to
use the home as a 2 unit if both units are being used by 1 family now. C. Holt stated that she is breaking the mies now
because both units are being used.
A motion to close the public hearing was made by R. Hilt, supported by B. Larson and unanimously approved.
B. Larson stated that he drives past this home almost daily. He went over a few of the currently vacant commercial
buildings in this area. He stated that the green building by the Sand Bar is vacant and has been since it went up for sale over
3 years ago. He felt that since this is a home, it should be allowed to be residential and not be converted into a commercial
site. J. Clingman-Scott stated that whether a commercial area is marketable or not doesn't have much to do with the zoning
ordinance. Whether a commercial area is desirable or not doesn't have anything to do with the zoning application. It is
obviously rentable as a single family home because there is a single family living in it. There are always costs when
rehabilitation is involved. She felt that the estimate of$14,000 was reasonable to convert this to as single family dwelling
and there are ways to fmance it that are affordable. She didn't see it as an impediment to make it a viable property for the
owners. R. Hilt stated that this is not a zoning issue, but a realtor one. He added that the reason it had been used as a single
family dwelling was because the previous owner had wanted to pmticipate in the paint program the City offered. In order
for him to do that, the home had to be single family. He felt that the realtor should be held liable for this.
3/16/04 8
A motion that the use variance to petmit a 2-unit apartment building at 955 W. Laketon Ave., be denied, because it wasn't
proven that the cost of rehabbing the home to single family was cost prohibitive, there weren't unique circumstances
peculiar to this property, and the property hasn't proven to not be marketable since it is being rented by a single family
currently, was made by J. Clingman-Scott, supported by C. Kufta, with discussion on the motion continuing.
B. Larson stated that he was inclined to support the variance request. D. Steenhagen added that if the applicant puts the
money into converting the home into a single family dwelling and it ends up being desn·oyed more than 50% or the bottom
unit to be vacant more than 2 years, it would lose it's nonconforming status. Should the building be destroyed, she wouldn't
be allowed to rebuild the home. The property would need to conform with the current zoning requirements for the zoning
district. She also knows of cases where owners haven't been able to get a loan on property that is nonconforming due to the
fact that it wouldn't be able to be rebuilt if it is destroyed more than 50%. J. Clingman-Scott stated that with that
information she would be inclined to approve the variance also because she encountered that portion of tl1e zoning
ordinance with a project she was involved with. Her original way of thinking was that $14,000 isn't much ofan invesnnent
for a house, but if the home were desn·oyed then the money couldn't be recouped because of the nonconforming status.
A motion to rescind the motion to deny was made by J. Clingman-Scott, suppmted by C. Kufta and unanimously approved.
C. Kufta stated tl,at the applicant did do a great job of doing some homework, but he doesn't feel that this variance should
be granted. The commission members are to take the ordinance they have in front of them and apply the facts that are
given. The fact still remains that it wasn't persuasive. The purpose of both of the apmtments to be occupied creates a return
on the invesnnent. He could sympathize with the applicant. The applicant does have the ability to still rent I of the
apattments. J. Clingman-Scott stated that it is cost prohibitive to convett this home to conunercial or to a single fan1ily
dwelling which they may not be able to get financing for or insurance on or ½ of the benefit of the income that could be
produced from the house. She questions if this would be an unfair burden to put on the applicant. C. Kufta stated that they
would also need to look at what would be fair to the rest of the neighborhood. The reason for zoning is so people would
have an idea of what they are getting into when they purchase propetty in any area.
The following findings of fact were offered: The property could not be used (put to a reasonable use) for the purposes
pennitted in that zone disn·ict because it would be cost prohibitive and not marketable per commercial realtors. The plight is
due to unique circumstances peculiar to the property and is not to general neighborhood conditions because the house
wasn't constructed to be commercial or to receive clients on a daily basis. The home was constmcted as a 2-unit. The
proposed use would not alter the essential character of the area and will not materially impair the purposes of this ordinance
or the public interest because there m·e ah-eady other residential homes in the area. The alleged hardship is caused by the
Ordinance and has not been created by any person presently having an interest in the propetty, or by any previous owner
because the marketability of the building is affected negatively. By maintaining this zoning it will cause the home to be
vacant and more prone to vandalism. The alleged hardship is not founded solely upon the oppmtunity to make the property
more profitable or to reduce expense to the owner because it will help maintain the appearance and functionality of the
property. The requested variance is the minimum action required to eliminate tl1e hardship because this would be the most
effective use for the property. The use variance does not permit a use specifically identified by this Ordinance as a use
excluded from the patticular zone in which requested because the use of a duplex isn't specifically listed as not being
allowed under the cmrent zoning. The extent to which the ordinance protect users or neighbors from threats to health, safety
and welfare shall be considered. A use that seriously threatens the health of future residents or neighbors is not a beneficial
or allowable use. The proposed use is not considered to be a threat to health, safety or welfare of future residents or
neighbors because the properties to the rear of this are residential. In no case shall a use that is a nuisance per se, or a use,
which in that particular location constitutes a nuisance, be granted as a use variance. Such uses are not legal uses of the
land. The proposed use is not considered a nuisance it would better coincide this the neighboring residential neighborhood.
A motion that the findings of fact determined by the Zoning Board of Appeals be adopted and that the use variance to
permit a 2-unit aparhnent building at 955 W. Laketon Ave., be approved, based on fue findings of fact, with the following
conditions: I) The variance is recorded with the deed to keep record of it in the future. 2) The property owner must work on
3/16/04 9
the existing code violations and obtain a Ce1tificate of Compliance from the Inspections Dept. 3) Four paved, off-street
parking spaces must be provided for the building, was made by B. Larson, supp01ted by E. Fordham and failed with R. Hilt,
S. Schiller, C. Kufta, and J. Clingman-Scott voting nay.
PHOTOS
3/16/04 10
RECOMMENDATION
Staff recommends denial of the request due to non compliance with the Master Plan and Future Land
use Map.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the
approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of
the City.
6. Are there any significant negative environmental impacts which would reasonably occur if the
petitioned zoning change and resulting allowed strnctures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites, or
wildlife areas.
DETERMINATION
The following motions are offered for consideration:
I move that the request to rezone property at 955 W. Laketon, from B-4, General Business to RT,
Two Family Residential be recommended for (approval/denial) to the City Commission pursuant to
the City of Muskegon Zoning Ordinance, and the determination of (compliance/lacl{ of compliance)
with the intent of the City Master Land Use Plan and zoning district intent.
3/16/04 11
Commission Meeting Date: June 22, 2004
Date: June 15, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.,&&
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:
Stall 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 6/1 O meeting.
Commissioners S. Warmington and B. Smith voted against denial. Commissioner B.
Mazade was absent.
6/15/2004
CITY OF MUSKEGON
RESOLUTION #2004-
RESOLlITION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone prope1ty located at 407 Marquette Ave., at SE corner 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 heating on the request was held by the Planning Commission on June 10, 2004,
and;
WHEREAS, the Planning Commission reconunended 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.
nd
Adopted this 22 day of June, 2004.
Ayes:
Nays:
Absent:
By: _ _ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Mayor
I hereby certify that the foregoing constitutes a tme 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 June 22, 2004.
Gail A. Kundinger, MMC, City Clerk
6/15/04 2
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City of Muskegon
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Planning Commission
Case# 2004-24
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
June 10, 2004
Hearing; Case 2004-1: Request to rezone the property located at 407 Marquette Ave. from R-1,
Single-Family Residential to B-1, Limited Business, by Ray Reasonover.
BACKGROUND
This is a case that was heard by the Planning Commission during the regular January meeting.
Due to unforeseen circumstances, the City Commission has asked staff to restart the rezoning
process with the Planning Commission. Minutes from the January meeting are provided at the
end of this case for your reference.
1. This request includes the property at the southeast corner of Marquette Ave. and Wood St. The
prope1ty currently contains a small 'corner store' type of mini-matt and additional vacant space.
There are two special use pe1mits in place on this propetty - one for the mini-matt and a second
for a youth recreational center which has never materialized.
2. The subject prope1ty is currently zoned R-1, Single-Family Residential. The Zoning Ordinance
was amended several years ago to allow existing previously nonconfmming commercial
structures in residential districts to be used for vm"ious low-scale commercial uses. This language
is how the special use pe1mits on the subject property were approved. The intent of this language
is to allow some practical use for these buildings which would not likely be either renovated or
torn down for residential uses and would otherwise sit vacant. The language also allows smale
scale, low intensity uses, similar to those allowed in the B-1, Limited Business zoning district, in
or near neighborhoods. This helps to promote the idea of 'neighborhood businesses'.
3. When the language was included that allowed these commercial buildings to be used
commercially in residential zones, several conditions were also included. One of these conditions
is that ce1tain types of uses m·e prohibited under this language, "Prohibited uses: Activities
.17,ecifical/y prohibited include repair or sen,ice of motor vehicles and other large equipment; uses
serving or selling alcohol, manufacturing processes which would normally require industrial
zoning; any activity which may become a nuisance due to noise, unsightliness or odor; and any
activity which may adversely affect surrounding property."
4. When the Special Use Pe1mit was approved for the mini-mmt in August of 2001, one of the
conditions of the pennit reinforced the prohibition against selling alcohol on the site. At the time,
the prope1ty owner stated that he had no intention of selling alcohol in the store. However, since
6/15/04 4
that time the prope1ty has changed hands and the store has a new owner/operator. The cmrent
owner would like to sell alcohol in the store.
5. As the sale of alcohol is prohibited on this site both by the ordinance language allowing the
prope1ty to be re-used commercially and by the approved Special Use Permit for this property, the
applicant is asking that the property be rezoned to a connnercial designation. The prohibition
against alcohol sales does not appear in the B-1 district language- it was added specifically to the
special use permit language for commercial buildings in residential distiicts. 1f the property were
to be rezoned to B-1 and the Special Use Permit were dissolved (since the use of the property as a
store would be allowed in the B-1 disti·ict by right, the Special Use Permit would no longer be
necessary), then the applicant would be free to seek a liquor license in order to sell alcohol on the
property.
6. The City owns several vacant parcels of prope1ty directly adjacent to the subject prope1ty. This
corner is a somewhat busy one since Marquette Ave. and Wood St. each cmry a heavier load of
ti·affic than a minor residential sti·eet. To the south of the subject prope1ty is an existing church.
Although this general area is entirely zoned for single-family residential, this particular block does
not contain any existing homes. However, given the recent level of increased interest in the
Jackson Hill neighborhood for single-family building projects, there is a good likelihood that the
City-owned parcels may be in demand in the near future for single-family residential pmposes.
7. The closest m·ea to the subject prope1ty which is already currently zoned for commercial use is at
the comer of Marquette Ave. and Getty St., where there is some B-1 zoning. There is not much
commercial zoning existing within the Jackson Hill neighborhood. The subject property is located
at probably the busiest comer in this neighborhood. 1f any commercial zoning were to be located
in this neighborhood, the subject propeity would probably be the most practical spot for it.
However, the zoning ordinm1ce does pe1mit small scale commercial use on this property without it
needing to be rezoned, and the special use pe1mit language is even more restrictive than the B-1
district, which helps to further protect the smrounding neighborhood.
8. The Future Land Use Map shows the subject property as "Single & Two-Family".
9. The Master Land Use Plan states:
♦ It is the goal of the Master Plan to maintain the residential integrity of the sub-area, while
setting aside small segments suitable for commercial and industi·ial uses in a highly
compatible, non-threatening, fashion.
♦ Single-family homes are found throughout the sub-area including many new homes located in
the Marquette neighborhood. They range from well to poorly maintained dwellings. Sub-
Area 12 has the highest concentration of homes experiencing significant site deterioration. A
variety of schools and churches are interspersed throughout and compliment the residential
flavor of the area.
10. The Master Plan recommends for this sub-area:
♦ Clustered commercial development should be confined to the US-31 and Getty Street
intersections, consistent with similar development identified in Sub-Areas 3 and 4.
11. Staff received the following email on 5-31-04
6/15/04 5
City of Muskegon Planning Commission
P.O. Box536
Muskegon, MI 49443
Dear Sir/Madam:
I am writing in opposition to the zoning request to change 401 Marquette to
Limited Business.
This comer is in the midst of the Jackson Hill neighborhood. As you are
well aware, the Jackson Hill area is making a tum-around and becoming a
safe and pleasant neighborhood for families again. A number of homes have
been fixed up and there are more and more homeowners in the area.
The corner proposed for changing to limited business is directly across
from a neighborhood park, where children walk to play and families have
picnics. The neighborhood park reinforces the residential feel of the
neighborhood and the family miented atmosphere.
The business that is ctmently located on that corner is an eyesore.
hlstead of increasing its presence, it should be removed.
Sincerely,
Cathy Simons
455 Leonard Street
6/15/04 6
City of Muskegon
Planning Commission
Case# 2004•24
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PHOTOS
6/15/04 7
ORDINANCE EXCERPTS
ARTICLE IV - RONE FAMILY RESIDENTIAL DISTRlCTS
PREAMBLE
These districts are designed to be composed of low density residential development. The regulations are intended to
stabilize, protect, and encourage the residential character of the district and prohibit activities not compatible with a
residential neighborhood. Development is limited to single family dwellings and such other uses as schools, parks,
churches, and certain public facilities which serve residents of the district. It is the intent of these districts to recognize that
the City of Muskegon has been developed and platted with some lots that are smaller than those found in recently urbanized
communities, and the standards in Section 2100 reflect residential development standards that the citizens of Muskegon find
to be compatible.
SECTION 400: PRINCIPAL USES PERMITIBD
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected, structurally
altered, or occupied except for one or more of the following specified uses, unless otherwise provided in this Ordinance;
I. One Family detached dwellings.
2. Home occupations of a non-industrial nature may be permitted. Permissible home occupations include, but are not
limited to the following: [amended 11/021
2. Adult Foster Care Family Homes, provided that such facilities shall be at least one thousand five hundred (1,500)
feet from any other similar facility. [amended 11/02]
3. Accessmy buildings and accesso1y uses customarily incidental to any of the above Principal Uses Permitted.
4. Uses similar to the above PJincipal Uses Permitted.
SECTION 40 I: SPECIAL LAND USES PERMITTED [amended 2/021
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of Section 2332
after review and approval of the use (and a site plan, if required) by the Planning Commission, after Public Hearing, subject
to the applicable conditions, and any other reasonable conditions imposed by the Planning Commission:
I. Private recreational areas, and institutional recreational centers when not operated for profit, and nonprofit
swimming pool clubs, all subject to the following conditions: [amended 2/021
2. Colleges, universities, and other such institutions of higher learning, public and private, offering courses in
general, technical, or religious education not operated for profit, all subject to the following conditions:
3. Churches and other facilities normally incidental thereto subject to the following conditions:
6/15/04 8
4. Elementary, intermediate, and/or secondary schools offering courses in general education, provided such uses are
set back thirty (30) feet from any lot in a residential zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential use may be authori7.ed
under Special Use Permit for the following [amended 12/99 I:
7. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
SECfION 402: [RESERVED] [amended 8/01)
SECTION 403: PLANNED UNIT DEVELOPMENT OPTION [amended 12/971
SECfION 404: AREA AND BULK REQUIREMENTS [amended 4/001
ARTICLE X · B-1 LIMITED BUSINESS DISTRICTS
PREAMBLE
The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in adjacent residential
areas or neighborhoods, and to permit only such uses as are necessary to satisfy those limited basic, daily shopping and/or
service needs, which by their very nature are not similar to the shopping patterns of the B-2 convenience and Comparison,
B-3 Central Business District, and B-4 General Business Districts. B-1 Districts are also intended to be utilized at planned
locations in the City as zones of transition between major thoroughfares and residential areas, and between intensive
nonresidential areas and residential areas. In the B-1 District all business establishments shall be retail and/or service
establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises
where produced. All business, servicing or processing, except off-street parking or loading, shall be conducted within a
completely enclosed building, or in an area specifically approved by the City.
SECTION 1000: PRINCIPAL USES PERMITTED
In a B-1 Limited Business District no building or land shall be used and no building shall be erected, structurally altered, or
occupied except for one (I) or more of the following specified uses, unless otherwise provided for in this Ordinance:
1. Any generally recognized retail business which supplies new commodities on the premises for persons residing in
adjacent residential areas such as: groceries, meats, daily products, baked goods or other foods, d111gs, drygoods,
and notions or hardware. No individual uses, either freestanding or in a group of uses, shall exceed two thousand
five hundred (2,500) square feet in area.
2. Any personal service establishment which pe1forms services on the premises for persons residing in adjacent
residential areas, such as: Shoe repair, dry cleaning shops, tailor shops, beauty parlors, barber shops, dressmaker,
6/15/04 9
tailor, pharmacist, or an establishment doing radio, television, or home appliance repair, and similar establishments
that require a retail character no more objectionable than the aforementioned, subject to the provision that no more
than five (5) persons shall be employed at any time in the sale, repair, or other processing of goods.
3. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers, accountants, and
similar or allied professions. No individual use shall exceed two thousand five hundred (2,500) square feet in area.
4. Office buildings for any of the following types of occupations: executive, administrative and professional. No
individual use shall exceed two thousand five hundred (2,500) square feet in area.
5. Residential uses as pmt of a building in this zone shall be allowed upon issuance of a Certificate of Occupancy
from the Depaitment of Inspections, provided that the minimum lot area requirements of the RM-1 District are
met.
6. Accessrny buildings and accessory uses customarily incidental to any of the above Principal Uses Permitted.
7. Uses similar to the above Principal Uses Permitted.
SECTION 1001: SPECIAL LAND USES PERMITTED
The following area, and their accessory buildings and accessory uses, shall be permitted under the purview of Section 2332
after review and approval of the use ( and a site plan, if required) by the Planning Commission, after Public Hearing, subject
to the applicable conditions and any other reasonable conditions imposed by the Planning Commission. A site plan shall
not be required when there are no external changes made to the buildings or properties.
1. Restaurants, or other places serving food, except drive-in or drive-through restaurants.
2. Churches and other facilities normally incidental thereto subject to the following conditions:
3. Accessrny buildings and accessory uses customarily incidental to the above Special Land Uses Permitted.
4. Uses similar to the above Special Land Uses Permitted.
SECTION I002: PLANNED UNIT DEVELOPMENTS
SECTION 1003: AREA AND BULK REQUIREMENTS [amended 4/00)
Excerpt minutes from the January 15 Planning Commission Meeting]
Hearing; Case 2004-1: Request to rezone the prope1ty located at 407 Marquette Ave. from R-l, Single-Family Residential
to B-1, Limited Busjnc~s... by Ray Reasonover. D. Stecnhagen presented the staff repmt. This request includes the property
at the southeast corner of Marquette Ave. and Wood St. The property cml'ently contains a small 'comer store' type of mini-
mart and additional vacant space. There are two special use permits in place on this property - one for the mini-mmt and a
second for a youth recreational center, which has never materialized. The subject property is currently zoned R-1, Single-
Family Residential. The Zoning Ordinance was amended several years ago to allow existing previously nonconforming
commercial structures in residential districts to be used for various low-scale commercial uses. This language is how the
special use permits on the subject prope1ty were approved. The intent of this language is to allow some practical use for
6/15/04 10
these buildings which would not likely be either renovated or tom down for residential uses and would otherwise sit vacant.
The language also allows small scale, low intensity uses, similar to those allowed in the B-1, Limited Business zoning
district, in or near neighborhoods. This helps to promote the idea of 'neighborhood businesses'. When the language was
included that allowed these commercial buildings to be used commercially in residential zones, several conditions were also
included. One of these conditions is that certain types of uses are prohibited under this language, "Prohibited uses:
Activities specifically prohibited include repair or service of motor vehicles and other large equipment; uses se1Ting or
selling alcohol, ma111ifact11ri11g processes which would normally require industrial zoning; any activity which may become
a nuisance due to noise, unsightliness or odor; and any activity which uwy adversely qffect s11rro1111di11g properly." When
the Special Use Permit was approved for the mini-matt in August of 2001, one of the conditions of the permit reinforced the
prohibition against selling alcohol on the site. At the time, the property owner stated that he had no intention of selling
alcohol in the store. However, since that time the property has changed hands and the store has a new owner/operator. The
cuffent owner would like to sell alcohol in the store. As the sale of alcohol is prohibited on this site both by the ordinance
language allowing the property to be re-used commercially and by the approved Special Use Permit for this property, the
applicant is asking that the property be rezoned to a commercial designation. The prohibition against alcohol sales does not
appear in the B-1 district language - it was added specifically to the special use permit language for commercial buildings in
residential districts. If the property were to be rezoned to B-l and the Special Use Permit were dissolved (since the use of
the prope1ty as a store would be allowed in the B-1 district by right, the Special Use Permit would no longer be necessary),
then the applicant would be free to seek a liquor license in order to .sell alcohol on the property. The City owns several
vacant parcels of property directly adjacent to the subject property. This comer is a somewhat busy one since Marquette
Ave. and Wood St. each carry a heavier load of traffic than a minor residential street. To the south of the subject property is
an existing church. Although this general area is entirely zoned for single-family residential, this particular block does not
contain any existing homes. However, given the recent level of increased interest in the Jackson Hill neighborhood for
single-family building projects, there is a good likelihood that the City-owned parcels may be in demand in the near future
for single-family residential pmvoses. The closest area to the subject property which is already currently zoned for
commercial use is at the corner of Marquette Ave. and Getty St., where there is some B-1 zoning. There is not much
commercial zoning existing within the Jackson Hill neighborhood. The subject property is located at probably the busiest
corner in this neighborhood. If any commercial zoning were to be located in this neighborhood, the subject property would
probably be the most practical spot for it. However, the zoning ordinance does permit small scale commercial use on this
propeny without it needing to be rezoned, and the special use permit language is even more restrictive than the B-1 district,
which helps to further protect the surrounding neighborhood. The Future Land Use Map shows the subject prope1ty as
"Single & Two-Family". The Master Land Use Plan states: It is the goal of the Master Plan to maintain the residential
integ1ity of the sub-area, while setting aside small segments suitable for commercial and industrial uses in a highly
compatible, non-threatening, fashion. Single-family homes are found throughout the sub-area including many new homes
located in the Marquette neighborhood. They range from well to poorly maintained dwellings. Sub-Area 12 has the highest
concentration of homes experiencing significant site deterioration. A variety of schools and churches are interspersed
throughout and compliment the residential flavor of the area. The Master Plan recommends for this sub-area: Clustered
commercial development should be confined to the US-31 and Getty Street intersections, consistent with similar
development identified in Sub-Areas 3 and 4. B-1 is intended as a 'neighborhood' commercial zoning designation, and only
allows small scale, low intensity commercial uses. The square footage of most permitted uses in the B-1 district is limited to
2,500 square feet. If the Planning and City Commissions were inclined to approve a rezoning for this property to a
commercial designation, staff would feel most comfmtable with the B-1 district there. However, since the existing
ordinance language and special use permit do allow small scale commercial uses (including the current use} at this site
without a rezoning, staff would recommend denial of this request.
D. Stcenhagen stated that in 1997 a use variance was issued, but not used. One of the conditions was that alcohol wouldn't
be sold. In 1999 there was a request to rezone the prope1ty to B-2, which was denied.
The commission members were provided with a copy of a signed petition in favor of this request by the applicant. T.
Michalski asked if there were any laws governing a liquor license within the proximity of a church. D. Stcenhagen stated
that State law doesn't allow it within 500 ft. of a church or school. B. Smith asked about the youth center. D. Steenhagcn
stated that the applicant for lhe youth center was still interested in pursuing this, it hadn't happened yet. T. Johnson asked if
the grocery store was currently operating at the location. D. Steenhagen stated that it was. R. Reasonover stated that he is
6/15/04 11
the owner of the prope1ty, He also owns the grocery store. He explained what his intentions were for the store. He would
like to help people in the neighborhood by having grocery delivery for senior citizens. He would like to be able to offer the
things that the people in the neighborhood could purchase, as many of them don't have a vehicle. He has had many requests
from his patrons who would like to be able to purchase beer and wine. J. Aslakson asked if the applicant was aware of the
condition that no alcohol could be sold on the prope1ty when he purchased it. R. Reasonover stated that he was. B. Smith
asked if he had spoken to anyone from the Jackson Hill Church. R. Reasonover stated that he hadn't, but his son had
spoken to some of the members, They weren't as concerned about the sale of beer and wine as they were about the
possibility of the sale of lotto and loitering. P, Sartorius asked if staff had heard from the neighborhood association. D.
Steenhagcn stated that she hadn't. R. Reasonover stated that he had spoken to them. P. Sartorius asked if there were any
other stores in this area. R. Reasonover stated that there aren't. T. Johnson asked if the neighborhood association had any
concerns. R. Reasonover stated that he had spoken to the president of the neighborhood association. They discussed some
of the concerns and the president had told him that they didn't have any problem with this request as long as the concerns
were addressed. Some of the concerns were patrons loitering around the building and trash not being disposed of properly.
He stated that he would be adding more lighting to the exterior and if he needed to; he would hire a security guard. P.
Sartorius read the petition that the applicant had provided. He stated that there were 6 1/3 pages of signatures.
A motion to close the public hearing was made by J. Aslakson, suppmted by B. Smith and unanimously approved.
B, Mazade and S. Warmington arrived at 4: 19 p.m.
J. Aslakson stated that it would be more profitable to have beer and wine on the premises. He would have a problem with
approving this request. The first problem is that there are vacant lots near this site and there has been a lot of new
construction in the area. He felt that it may be more difficult for the new construction to continue for the vacant lots around
the market if it were to sell beer and wine. Another problem he has is that SUP's stay with the prope1ty. Should Mr.
Reasonover sell the prope11y later on, it doesn't mean that the new owner would continue with the service that Mr.
Reasonover would like to provide. D. Steenhagen added that if the property were to be rezoned, any special use permits as
well as their conditions, would be moot. L. Spataro staled that he is also uncomfortable with approving this request. He
named off other stores that were close to this neighborhood that already sell beer and wine.
A motion that the request the propc1ty at 407 Marquette Ave. as described in the public notice, from R-1, Single-Family
Residential to B-1, Limited Business be recommended for denial to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of lack of compliance with the intent of the City Master Land Use Plan and
zoning district intent, was made by J. Aslakson, supported by L. Spataro and approved with B. Smith and T. Michalski
voting nay and B. Mazade and S. Warmington abstaining.
RECOMMENDATION
B-1 is intended as a 'neighborhood' commercial zoning designation, and only allows small scale, low
intensity commercial nses. The square footage of most pennitted uses in the B-1 district is limited to
2,500 square feet. If the Planning and City Commissions were inclined to approve a rezoning for this
prope11y to a commercial designation, staff would feel most comf011able with the B-1 district there.
However, since the existing ordinance language and special use petmit do allow small scale
commercial uses (including the cutTent use) at this site without a rezoning, staff would recommend
denial of this request.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
6/15/04 12
l. What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What arc the precedents and the possible effects of precedent which might result from the
approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of the
surrounding prope1ty.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of
the City.
6. Are there any significant negative environmental impacts which would reasonably occur if the
petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on smface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
DETERMINATION
The following motions are offered for consideration:
I move that the request the prope1ty at 407 Marquette Ave. as described in the public notice, from R-1,
Single-Family Residential to B-1, Limited Business be recommended for (approval/denial) to the
City Commission pursuant to the City of Muskegon Zoning Ordinance, and the detennination of
(compliance/lack of compliance) with the intent of the City Master Land Use Plan and zoning
district intent.
6/15/04 13
Date: June 9, 2004
To: Honorable Mayor and City Commissioners
From: Ric Scott
RE: Consumer's Energy Fencing
SUMMARY OF REQUEST:
To award a contract to Outback Fencing to install a
fence between the bike trail and Consumers Energy along
the Causeway
FINANCIAL IMPACT:
Cost of $24,960 to be split 50/50 with Consumers
BUDGET ACTION REQUIRED:
None, money to come from trail fund
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Date: June 9, 2004
To: Honorable Mayor and City Commissioners
From: Ric Scott
Re: Consumer's Energy Fencing
Consumer's Energy is requesting that we put up a 7'
fence between the trail and their property along the
Causeway. It has long been our policy to put up fencing
between parkland and private property at the request of
the private property owners. We did not do the fencing
as a part of the original project as Consumer's did not
think it would be a problem. However, they are having a
lot of people access their property for fishing because
of the trail.
Four bid were solicited and three were received. The
bid tabulation is attached. Staff is recommending that
you award the bid to Outback Fencing of Comstock Park
for $24,960, as they are the low bidder. We will not be
putting in a gate, which reduces the bid by $800.
Funding for the project will be split 50-50 with
Consumer's Energy. The City funds will come from the
Trail fund.
Thank you for your consideration.
CONSUMERS ENERGY FENCE BIDS
CONTRACTOR ADDRESS BASE BID GATE GRADING TOTAL
Vallier Fence Co 1945 Pontaluna Rd. Spring Lake $ 32,547 $ 769 $ 300 $ 33,616
Reliable Fence 304 W. Delano Muskegon $ 25,765 $ 397 $ 775 $ 26,937
Outback Fencing 4050 West River Dr. Comstock Park $ 22,847 $ 800 $ 2,113 $ 25,760
AAA Fencing no bid
CITY OF MUSKEGON
MUSKEGON AREA INTERMEDIATE SCHOOL DISTRICT
INTERGOVERNMENTAL AGREEMENT
STEBBINS ROAD AND HARVEY STREET IMPROVEMENTS
The City of Muskegon located at 933 Te1rnce Street, Muskegon, Michigau ("City") and
the Muskegon Area Intermediate School District located at 630 Harvey Street, Muskegon,
Michigan ("MAISD") hereby agree to:
Recitals
A. The City of Muskegon pursuant to its operation of a water system, has deemed
that it is in its best interest to extend water service on Harvey Street, just North of Marquette, to
Stebbins Road aud from the comer of Stebbins Road and Harvey to Quarterline.
B. MAISD deems it in its best interest to cooperate with the City in the construction
of said waterlines because MAISD needs water at a facility under construction, which presently
does not have city water.
C. The City and MAISD deems it in their best interest to mill and repave Harvey
Street and to pave Stebbins Road as part of this project to meet the needs of development of the
MAISD.
NOW, THEREFORE, THE PARTIES AGREE:
I. Scope of Work.
I.I Watermains. A watermain shall be constructed on Harvey Street from
approximately sixty-seven feet North of Marquette to the intersection of
Harvey Street and Stebbins and from the intersection of Harvey Street and
Stebbins Road to Quarterline Road. The waterline shall be a 16 inch
watermain. The existing system, proposed system, and location of
connections are reflected in attached Exhibit A.
1.2 Streets. Harvey Street from Marquette A venue to Stebbins Road shall be
milled and repaved. Stebbins Road , from Harvey Street to Quarterline
shall be constructed, consistent with Muskegon County Road Commission
standards as per attached approved plans.
1.3 Construction Contract. A contract between City of Muskegon and
Jackson-Merkey will be executed aud which describes the waterline,
sewer and road construction projects. An unexecuted copy is attached as
Exhibit B.
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I
2. City Obligations.
2.1 Contractor for Watermain and Road Constrnction. The City has obtained
bids for the watermain and road construction. The low qualified bidder
was Jackson-Merkey. The City will execute a contract with
Jackson-Merkey for the constrnction of the proposed waterlines as
indicated in Exhibit A, milling and repaving of Harvey Street from
Marquette Avenue to Stebbins Road and construction of Stebbins Road
from Harvey Street to Quarterline, upon satisfactory financial
commitments from all interested parties. City shall administer the water
and road construction contract with Jackson-Merkey.
2.2 Administration. City shall administer contracts contemplated in paragraph
2.1. City shall provide engineering oversight, review payment requests,
and authorize same. The MAISD share of such costs will be added to the
amount paid by MAISD.
2.3 Change Orders. City shall not make any change orders without the prior
approval of Kevin Donovan. City agrees, however, that it shall not reduce
the size of the waterlines below 16 inches.
2.4 Ownership of Water Line. MAISD agrees that the waterlines shall be
owned and maintained by City.
2.5 City Acting On BehalfofMAISD. The parties have determined that cost
savings are being accomplished by acting simultaneously on the water and
street projects. The City has acted on behalf of the MAISD in obtaining
bids and letting the contract and will act on behalf of the MAISD in
administering the construction contract and overseeing the construction.
The MAISD shall be a third party beneficiary of the construction contract
but shall not be involved in the administration and documentation thereof.
2.6 Payment to City. City shall prepare request for progress payments from
Jackson-Merkey and shall pay such as authorized by the project engineer.
MAISD will pay or reimburse the City its share of each progress payment
and final payment within 30 days of being provided a request for payment.
MAISD's failure to pay or reimburse the City its share of each progress
payment shall give the City the right to terminate the contract with
Jackson-Merkey.
3. MAISD's Obligations.
3.1 Allocation of Costs. The MAISD shall be responsible for one-half of the
cost of the water project. MAI SD shall be responsible for the full cost of
milling and repaving of Harvey Street from Marquette Avenue to Stebbins
Road and construction of Stebbins Road from Harvey Street to
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Quarterline. The City shall allocate all costs among all projects based on
the line items listed within the bid proposals, and shall include any
administrative and oversight costs related to those line items. MAISD
shall pay or reimburse City within 30 days of being presented with a
request from City for reimbursement for payments to Jackson-Merkey.
MAISD's obligation will not exceed $517,000, except as modified by
approved change orders authorized by MAISD's representative. In no
event will MAISD's obligation under this contract exceed $600,000.
4. Arbitration. Any controversy or claim arising out of or relating to this
Agreement, or breach thereof, shall be settled by arbitration. In the event of arbitration pursuant
to any provision contained herein, each party shall select an individual to serve on the arbitration
panel and the two so selected shall select a third. All arbitrators selected herein shall have with
expertise to resolve the arbitrable issue(s). The three shall form the arbitration panel with the
votes of two necessary to resolve any issue(s) submitted to arbitration. Each party shall bear
their costs and the cost of the person they select to serve on the panel. The cost of the neutral
arbitrator and incidental costs, room rental, etc., shall be split evenly between the two parties.
The parties agree that the Arbitration Hearings shall be held in Muskegon County.
5. Miscellaneous.
5.1 Governing Law. This Agreement shall be governed in all respects by the
laws of the State of Michigan.
5.2 Third Party Beneficiary. The MAISD shall be a third party beneficiary of
the construction contract between City of Muskegon and Jackson-Merkey.
5.3 Entire Agreement. This Agreement sets forth the entire understanding of
the parties with respect to its subject matter. This Agreement supersedes and/or replaces
any oral or written Agreement(s) relating to this subject matter entered into by the
parties before the date of this Agreement.
5.4 Additional Agreements. Buyer and Seller agree to enter into any further
agreements, contracts or consents necessary to fully effectuate the terms of this
Agreement. ·
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The parties have executed this Agreement with the consent and approval of their
governing bodies. It is effective on the effective date set forth above.
MUSKEGON AREA INTERMEDIATE
SCHOOL DISTRICT
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4
Date: June 22, 2004
To: City Manager and City Commission
From: Public Works; Robert Kuhn Director
RE: Intergovernmental Agreement; Muskegon
Township; Harvey and Stebbins Rd; Watermain,
Sewer and Streets.
SUMMARY OF REQUEST: Request approval of an intergovernmental
agreement with Muskegon Township for the construction of watermain,
streets and sanitary sewer within Harvey Street (City of Muskegon) and
Stebbins Road (Muskegon Township). These utilities will accommodate
the construction of the new High Tech Center and Muskegon Township
Water District improvements.
FINANCIAL IMPACT: To be financed from contributions from Muskegon
Township and the Muskegon Area Intermediate School District.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval
COMMITTEE RECOMMENDATION:
Date: June 22, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Haivey St-Stebbins, Marquette to Quarterline
SUMMARY OF REQUEST:
Award to Jackson Merkey of Muskegon the contract (H-1573) to construct -reconstruct
Harvey & Stebbins from Marquette to Quarterline along with a new water main and
sanitary sewer for the TWP. Jackson Merkey Contractor was the lowest responsible
bidder with a bid price of $752,790.90 (bid tabulation attached).
Furthermore, ii is respectfully requested that the award, if granted, be contingent upon the
execution of agreements between the City-TWP & City-MAISD. Those agreements are
necessary to defray the project cost which are expected no later than the end of June.
FINANCIAL IMPACT:
Limited to the design cost
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Jackson Merkey Contractor.
COMMITTEE RECOMMENDATION:
H157J - HARVEY ST., STEBBINS RD., MARQUETTE AVE., TO QUARTERLINE RD. SANITARY SEWER, WATERMAIN LOOP
STREET CONSTRUCTION
_,~,.,
CONTRACTOR KAMMH·IGA & ROOPVOETS JACKiiOII-MeRKEV WAOEL STABFLIZATION
ADDRESS 3435 BROADM00R AVE. SSS E WESTER/I AVE. Z50D /1. OCEA/111 OR.
CITY/ST/ZIP ENGINEER'~ESTIMATE ORAND RAPIDS Ml ••512 r.J!JSKEG0/1. Ml 4~'42 MUSK~GON.MI 04!!._
ITEMOFWORK UNIT QW UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE J:INITCOST TOTAL PRICE W'IITCOST TOTAL PRICE
uoo.oo
~·
ADJUST MANHOLE CASTING EACH $350.00 5350.00 $700.00
' 0,0
' S300.00 $600.00 $385.00 5770.00
$22.00 $990.00 $24.30 $1 093.50
' AGOREGATE 0/1.SE COURSE 22A AS NEEDED
AGGREGATE BASE COURSE ?IA MODIFIED"' l"C.I.P. .§0.VO. 17058
" $20.00
$5.00
$900.00
S05 290.00
$H.OO
$7.10
$1 530.00
$121111.80 $5.25 $B9 554.50 5480 S81 878.40
OARROW FILL CLASS II SANO cm
' 22SO u2.oo $27120,00 $10.00 $22Ji00.00 $6.15 Sfil99.ll0 $6.50 $14MO.OO
-' ~NOS o.c.1_ 16""0' M.J.
Bff. LEVELING MIX !C@.._1~Sf/S.Y.
EACH
rn,
• $500.00 $7 200.00 S685.00 S5 480.00
$43 655.20
$170.00
$36.80
$6160.00
540 774.40
$670.00
S36.80
ss 360.00
$40774.40
' BIT. TOP MIX!C ""165J/S.Y. rn,
1108
1108
$50,00 $S5 400.0(!
$55 400.00
~39.40
$40,08 $44408.64 $38,45 $42li02.60 SlB.43 $42 580,H
•'
$50.00
CONC, CUAO l GU HER F... MOO. 52.628.0(1 $15.00 $16.00 S4 672.00 517,'!.0_ $4964.00
CORP, STOP MUELLER ii15000 OR EOUAL
UN.FT.
'" $9.00 S4 390.00
' .f.UJlij STOP 1" MU£llU ~15150 OR EQUAL
EACH
EACH
' $225.00 $1125.00 $215.00 $1 075.00
$1 215.00
$210.00
S200,00
$1 050.00
$1 000.00
$325,00
$325.00
$1 625.00
$1 625.00
cl'
' $20G.O(!__ $1 000.00 5245.00
11 HYOAAtHSTD.
12 MACHINE GRADING
EACH
STA.
"
25.2
$1400.00
$400.llO
$23 800.00
$10 nao.co
$1 500.00
$1 450.00
$25 500.00
$36 540.00
$1 550.00
$380.00
$26 350.00
$9 576.00
$1 400.00
$500.00
s23 eoo.oo
$12600.00
13 MACHINE GRIIDlNG MOD. $39 875.00 $640,00 $17 600.00 $1 250.00 $34 375.DO
'"
27.5 $500.00 $13 750.00 $1 450.00
14 MANHOLE CASTING E.J,010~0 OR EQUAL EACH $1 050.00 $445.00
15 RECONSTRUCTING MAUHOlESTRUCTURE
' $500.00 s1 ooo.oa $525.00 $890.00 $470,00 S940.00
VT. FT.
' $200.00 ssoo.oo
s1 noo.oo
$215.00 $860.00 $375.00
$510.00
St 500,00 S400.00 $1 600.00
16 REDUCERS 1i"" TO U"'ll.C,I. M.J. EACH
' $500.00 $850.00 $1 700.00 $1 020.00 $570.00 $1140.00
17 REMOVING IIIT SURFA<;_E
1ff REMOVING CONC. CURB & GUTTER
19 REMOVING PAVEMENT
SQ.YD.
LIN.FT.
SQ.VO.
.
"
5462
$4.00
$10.00
$4.00
$264.00
$640.00
$21 846.00
$2.00
52.50
S2.00
$132.00
$160.00
$10_!)23.00
J4.00
$3.00
$1.50
$264.00
$192.00
58192.25
$10.00
$10.00
$1.25
$660.00
$640.00
S6 826.au
20 RIP MP SPILLWAY SQ.YO.
21 SLEEVES lONG 16" D.C.I. M.J. lOr.10 EACH
' $50.00
$900,00
$450.00 $90.00 $810.00
$2 100.00
$40,00
$730.00
$360.00 $50.00 $450.00
22 STORM SEWER U"' CONC. C-76 CLASS V
' $1 800.00 $1 050.00 $1 460.00 $1 500.00 $3000.0t
23 TAPPING SLEEVE 12" X 12""1l.ll.l. M.J.
LIN.FT.
" $35,00 $530.00
$◄ 00.0.00
$28.00 $504,00 $26.00 $468.00 $50.00 $900.00
24 TEE D,C.I. 1i" • 16"', 16"" M.J.
EA.CH
EACH
' $4 000.00 $4 250,00 $4 250.00 $2015.00 S2 015.00 $4 500.00 $4 500.60
25 TEE O.C.l. 1•-, 16"", &"M.J.
' S900.00 jS00.00
$15300.00
$1 350.00 $1 350.00 $1180.J!O
$810.00
$11B0.00 $1 076.00 $1 076.00
26 TEE a.c.1. \&" X 16" XI"" M.J.
EACH
EACU
" $900.00 $1 050.00 $17 850.0_0 $13 770.00 $865.00 514 705.00
27 TERMCE GRADING LIN. FT. 5257
' $950,00
$12.00
$1 900.00
$63 084.00
S1 075.00
$4.00
$2150.00
$21 028.00
$825.00
S1.95
$1650.00
$10 251.15
$861.Q!!_ ~,,Jl_!!_
$3.50 $18 399_,;i.!!_
28 TRAFFIC CONTROL
'
$15 000.00 $ 3 475.00
LUMP 1 $25 000.00 525 000.00
' 15 000.00 $3 475.00 4 500,00 $4 500.00
'
TRENCN REPAIRJ.11\JOR STREET TYPE !V
c-" LIN.FT.
" $40.00 $2 000.00 26.00 $1 400.00
' 60.25 S3 012.50
' 65.70 $3285,00
'
JO TRENCH REPAlR SPECIAL
31 VALVE 16" QUTTERFLY w,aox
LIN.FT.
"' $35.00 $25 025.00 35.00 $25 025.00
' 1.90 S1 358.50
' 10.00 $7150.00
--" VALVE~- GAlE M.J. w1eox
EACH
' $1 500.00 $10 500.00
$11 050.00 I ' 2 500.00 $17 500.00 $ 1 910.00 $13370.00
' 1 BOO.DO $12 600.00
'
EACH
33 VALVE I" GATE M.J. WIBOX
" $650.00
$1 500.00 I
650.00 $11 050.00 I 545.00 $9 265.00 650.00 $11 050.00
34 WATER METER PIT COMPLETE
EACH
EACH
' $750.00
I
750.00 $1 500.00
' 710.00 $1 420.00
' 850.00 $1 700.00
36 WATER SERVICE 1-TYPE K COPPCR
' $550.00 $2 750.00 1 000.00 S5 000.00 I 590.00 $2 950.00 I 400.00 $2 O_QM_!l_
LIN.FT.
'" $20.00 $1 400.00 S 23.00 $1 610.00 I 12.00 $840.00 I 5.00 $350.00
36 WATER MAIN ll" D.C.I. Cl. 51
37 WIITERMAIN 16"" 0.C.I. Cl. 52
LIN.FT.
• $50.00 $400.00
' 54.00 5432.00
'
37.00 $296.00
' 50.00 --------.lilW.Q.
UN.FT. 6022 $80.00 1481 760.00 I 49.G~ $298 9~2.30 I 40.75 S245 39S.50 I 44.50 $267 979.00
38 WATERMAIN i"P.C.I. Cl. 52
J9 WATERMAIN a• P.C.!. CL52
LIN.FT.
'" $25.00 ~ 0 0
$2170.00 I ' 26.00 $7 410.00
'
23.50 $6697.~Q.
' 35.00 S9 915.00
TOT/IL PAGE 11
LIN.FT.
" $35.00
$9685$7.00
29.00 $1 798.00
S7SS734.94 ' 30.00 $1 860.00
S5aaoe1.9o ' 40.00 $2 480.00
5646 llU2
SANITA-RY SEWER IMPROVEMENTS
SANITARY SEWER BIO TABULATION (SEE SPECIAL SPECIFICATIONS SECTION IV)
CONTRACTOR KAMMINGA & RDOOVOETS JACKSON•MERKEY WADEL STABILIZATION
ADDRESS J4J5 6R0AOM00R AVE. 555 E WESlERNAYE. 2500N. OCEMA DR.
CITY/ST/ZIP _ ENGINEER"S ESTIMATE GRANO RAPl!lli,_~R_ I MUSKEGO):/. Ml_"lli.L._ MUSllEGOJ:!,_~
!
'
I
STEEL CASINO PIPE
ITEM OF WORK
u·•. JACKEO!N PLACE10.IUVIALL TlllCKNESS
-
UNIT
LIN. FT.
°". UNIT COST TOTAL PR!CE
$110.00 $6 600.00
lJNIT COST
$985.00
TOTAL PRICE UNIT COST TOTAL PR!CE
$59 100.00 $140.00 SB 400,00
UNIT COST TOTAL PRICE
$200.00 $12 000.00
' 12•• SANITARY SEWER
_ _!_ ~.'.'.. SANITARY SEVIER
LIN.FT.
LIN. FT.
2420
m
SS0.00
$45.00
$121 noo.oo
S5 040.00
$10B.00
S72.00
s2s1 ~so.oo
SB 064.00
$35.35
$26.00
$US s,17.00
S2912.00
SJ_J.00
$25.00_
$79 860.00
S280D.OO
_,_' u··xo·wvr
6" HOUSE LEAO EACH
EACH
' S1 500.00 S10SOO.OO $2 150.00 $15 050.00 $595.00 $4165.00 $500.00 SJ 500.00
' $150.00
sss.oo
$1 050.00 $4S0.00 $3150.00 $125.00 $B75.00 5250.00 $1 750.00
' U""PLUG EACH
' SBS.00 S350.00 $350.00 $95.00 $95.00 $150.00 $150.00
•'
I"" PLUll
•'
EACH $65,00 $130.00 SU5.00 $450.00 S50.00 $100.00 $125.00 $250.00
Sl ANOAIIO MANHOL£: EACH $3 500.00 $28 000.00 $3 950.00 $J1 600.00 $2 815.00 $22.520.00 $2 300.00 S1B 400.00
' MODIFY EXISTING MANHOLE FOR OROP IIILET
JO StANOARO METER MANHOLE COMPLETE
EACH
L.S.
' $1 800.00
1 s20 noo.oo _
$1 soo.oo
$20,000.00
$1 750.00
$50 000,00
$1,750.00 S1150.00
$50 000.00 $27 335.00
$1150.00
521 335.00
S2 S00.00
520 745.00
$2 500.00
$20!~
" 12"X6" AGO. ROAO. 22A
12 CLF:'ARANOGRlJ8
SO.YO
LIN.FT.
11_0
1010
$10.00
52.25
$1 400.00
$2J72.50
$7.75
$5.00
$1 085.00
ss 050.00
$6.00
$4.50
$840.00
54 545.00
$10,00
$4.00~
S1,~
$4 040.00
_13 AESTORAT!ON LIN. FT. 1050 $3.00 $_hl!_l!,OO $8.75 $91B7.50 U.25 $3 412.50 $2.00 $2100.00
14 SO!l EROSION & SEO!MENTATIONCONTROL LS,
15 Sil T FEI-ICE \,!N, FT.
' $525.<m $52S.OO $1 000.00 $1 000.00 $400.00 $400.011 $1 500.00
__g~ _____jp.!!!!,!!J!_
$1 500.00
16 SlRAWMULCHIILANKET SQ.YO
'"'
1250
$2.00
$0.50
$500.00
$525.00
$1.75
$1.00
$52S.OO
$1.250.00
$1.25
$1.05
$37§.:J!!
$1 312.50 $1.25 $1 562.50
1? EXTERIPR DROP INLET.&""
"· ' $~ 600.00 $3 600.00 $1 500.00 S1 500.00 •725.00 $725.00 $700.00 HOO.OD
TOTAL PAGE 12AlJOHNSON & ANDERSON $206 377.50 $450.411.50 $164 709.00 $153857.50
TOTAL S!)MMARY PAGE $1174 l!64.50 $1 250 206.44 $752 790.90 $799 991.!1_!_
Date: June 22, 2004
To: City Manager and City Commission
From: Public Works; Robert Kuhn Director
Re: Intergovernmental Agreement; Muskegon
Intermediate School District; Harvey and
Stebbins Rd; Watermain and Streets
SUMMARY OF REQUEST: Request approval of an intergovernmental
agreement with MAISD for the construction of watermain and streets
within Harvey Street (City of Muskegon) and Stebbins Road (Muskegon
Township). These utilities will accommodate the construction of the new
High Tech Center and Muskegon Township Water District
improvements.
FINANCIAL IMPACT: To be financed from contributions from Muskegon
Township and the Muskegon Area Intermediate School District
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval
COMMITTEE RECOMMENDATION:
o?oo r-s- '1 (~)
CITY OF MUSKEGON
CHARTER TOWNSHIP OF MUSKEGON
INTERGOVERNMENTAL AGREEMENT
STEBBINS ROAD AND HARVEY STREET IMPROVEMENTS
The City of Muskegon located at 933 Terrace Street, Muskegon, Michigan ("City") and
Charter Township of Muskegon located at 1990 E. Apple Avenue, Muskegon, Michigan
("Township") hereby agree to:
Recitals
A. The City of Muskegon pursuant to its operation of a water system, has deemed
that it is in its best interest to extend water service on Harvey Street, just North of Marquette, to
Stebbins Road and from the corner of Stebbins Road and Harvey to Quarterline.
B. The Township deems it in its best interest to cooperate with the City in the
constrnction of said waterlines because Township desires to 1) provide a secondary source of
water at Quaterline and Stebbins; 2) require City to constrnct its waterline in sufficient size to
meet future Township expansion; and 3) to provide water to potential development along
Stebbins Road and Harvey Street.
C. The City deems it in its best interest to mill and repave Harvey Street (a City
street) as part of this project to meet the needs of development on Stebbins Road and Harvey
Street.
D. The Township and Muskegon County Road Commission deem it in its best
interest to pave Stebbins Road (a Muskegon County Road Commission road in the Township)
from Harvey Street to Quaiierline.
E. The parties desire to accomplish the project simultaneously and to allocate certain
costs for this project.
NOW, THEREFORE, THE PARTIES AGREE:
1. Scope of Work.
1.1 Watermains. A wate1main shall be constrncted on Harvey Street from
approximately sixty-seven feet North of Marquette to the intersection of
Harvey Street and Stebbins and from the intersection of Harvey Street and
Stebbins Road to Quarterline Road. The waterline shall be a 16 inch
C:\windows\TEMP\BL5001.DOC
1
watermain. The existing system, proposed system, and location of
connections are reflected in attached Exhibit A.
1.2 Streets. Harvey Street from Marquette Avenue to Stebbins Road shall be
milled and repaved. Stebbins Road from Harvey Street to Quarterline
shall be constructed, consistent with Muskegon County Road Commission
standards as per attached approved plans.
1.3 Sanitary Sewer. A gravity line sanitary sewer from the intersection of
Stebbins Road and Quarterline to the 4 mile interceptor shall be
constructed as per the plans prepared by Johnson and Anderson
Engineering firm on behalf of the Township.
1.4 Construction Contract. A contract between City of Muskegon and
Jackson-Merkey will be executed and which describes the waterline,
sewer and road construction projects. An unexecuted copy is attached as
Exhibit B.
2. City Obligations.
2.1 Contractor for Watermain and Road Construction. The City has obtained
bids for the watermain, road, and sanitary sewer line construction. The
low qualified bidder was Jackson-Merkey. The City will execute a
contract with Jackson-Merkey for the construction of the proposed
waterlines as indicated in Exhibit A, milling and repaving of Harvey Street
from Marquette Avenue to Stebbins Road and construction of Stebbins
Road from Harvey Street to Quarterline, upon satisfactory financial
commitments from all interested parties. City shall administer the water,
sewer, and road construction contract with Jackson-Merkey.
2.2 Contractor for Sewer Line. City shall hire Jackson-Merkey to construct a
sewer line from the intersection of Stebbins Road at Qumterline to the four
mile interceptor. The four mile interceptor is a City owned sanitary sewer.
The sanitary sewer line shall be constructed consistent with the
engineering plans provided by Township to City.
2.3 Administration. City shall administer contracts contemplated in
paragraphs 2.1 and 2.2. City shall provide engineering oversight, review
payment requests, and authorize same. The Township share of such costs
will be added to the amount paid by Township. City shall insure that
Jackson-Merkey provide two sets of "as built" drawings, one of which
shall be provided to Township.
2.4 Change Orders. City shall have the right, in its sole discretion, to
authorize Change Orders with Jackson-Merkey. City agrees, however,
that it shall not reduce the size of the waterlines below 16 inches.
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2
2.5 Ownership of Sewer and Water Line. Township agrees that the sewer line
shall be owned and maintained by Township. Township agrees that the
waterlines shall be owned and maintained by City.
2.6 City Acting On Behalf of Township. The parties have determined that
cost savings are being accomplished by acting simultaneously on the
water, street, and sanitary sewer projects. The City has acted on behalf of
the Township in obtaining bids and letting the contract and will act on
behalf of the Township in administering the construction contract and
overseeing the construction. The Township shall be a third party
beneficiary of the construction contract but shall not be involved in the
administration and documentation thereof.
2.7 Payment to City. City shall prepare request for progress payments from
Jackson-Merkey and shall pay such as authorized by the project engineer.
Township will pay or reimburse the City its share of each progress
payment and final payment within 30 days of being provided a request for
payment. Township's failure to pay or reimburse the City its share of each
progress payment shall give the City the right to terminate the contract
with Jackson-Merkey.
3. Township's Obligations.
3.1 Allocation of Costs. The Township shall be responsible for one-half of
the cost of the water project. Township shall be responsible for the full
cost of the sanitary sewer line from the intersection of Quarterline and
Stebbins Road to the 4 Mile Interceptor. The City shall allocate all costs
among all projects based on the line items listed within the bid proposals,
and shall include any administrative and oversight costs related to those
line items. Township shall pay or reimburse City within 30 days of being
presented with a request from City for reimbursement for payments to
Jackson-Merkey.
3.2 Easements. Prior to construction of the water project and the sanitary
sewer project Township shall obtain and present to the City all necceasy
easements for the entire project.
3.3 Water Connection Fees. For all connections for properties located in the
Township, Township shall have sole discretion in allowing connections to
the proposed water system. Township shall have the right to charge for
such connections and to retain such fees. Prior to such connection,
Township shall notify City of the intent to connect and shall insure that the
connection is done in a workmanlike manner. Township shall be
responsible for water meters at the property lines. The City will bill the
Township for these flows within the existing wholesale purchase
C:\windows\TEMP\BL5001.DOC
3
agreement with the Township. The City reserves the right to approve
meter installations and locations.
3.4 Sewer Connection Fees. Township shall execute a connection fee
agreement with the City prior to the activation of any sewer line
connecting to the 4 Mile Interceptor.
3.5 Ownership of Sewer and Water Line. Township agrees that the sewer line
shall be owned and maintained by Township. Township agrees that the
water mains shall be owned and maintained by City.
4. Arbitration. Any controversy or claim arising out of or relating to this
Agreement, or breach thereof, but specifically excluding the Water Purchase Agreement and
Operation and Maintenance Contract, shall be settled by arbitration. In the event of arbitration
pursuant to any provision contained herein, each party shall select an individual to serve on the
arbitration panel and the two so selected shall select a third. All arbitrators selected herein shall
have with expertise to resolve the arbitrable issue(s). The three shall form the arbitration panel
with the votes of two necessary to resolve any issue(s) submitted to arbitration. Each party shall
bear their costs and the cost of the person they select to serve on the panel. The cost of the
neutral arbitrator and incidental costs, room rental, etc., shall be split evenly between the two
parties. The parties agree that the Arbitration Hearings shall be held in Muskegon County.
5. Miscellaneous.
5.1 Governing Law. This Agreement shall be governed in all respects by the
laws of the State of Michigan.
5.2 Third Party Beneficiary. The Township shall be a third party beneficiary
of the construction contract between City of Muskegon and Jackson-Merkey.
5.3 Entire Agreement. This Agreement sets forth the entire understanding of
the parties with respect to its subject matter. This Agreement supersedes and/or replaces
any oral or written Agreement(s) relating to this subject matter entered into by the
parties before the date of this Agreement. The parties recognize that there are a number
of other agreements between the parties relating to water and sewer service, which are
not affected by or superceded by this Agreement, and, in fact, may affect operations
relating to the water and sewer service.
5.4 Additional Agreements. Buyer and Seller agree to enter into any further
agreements, contracts or consents necessary to fully effectuate the terms of this
Agreement.
The parties have executed this Agreement with the consent and approval of their
governing bodies. It is effective on the effective date set forth above.
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4
C:lwindows\TEMPIBL5001.DOC
5
CHARTER
TOWnSHIP Of ffiUSKE Bon
1990 E. APPLE AVENUE' Phone: (231) 777-2555
MUSKEGON, MICHIGAN 49442-4293 Fax: (231) 777-4912
June 24, 2004
Mohammed Al-Shale/ RECEIVED
City of Muskegon CITY OF MUSKEGON
933 Terrace St.
Muskegon, Ml 49443 JUN 2 8 2004
ENGINEERING DEPARTMENT
Re: Stebbins Road Project
Easements
Dear Mr. Al-Shale/:
Attached are copies of all the easements for your files.
I have also delivered the signed cost sharing agreement to you. Please make sure
we get an original back.
Thank you and advise of J/M schedule.
srr;;i
l~sher
Community Development Director
DF/tr
At!
cc: P. Jordan
J. Nielsen
8. Kuhn
8. Mazade
File
Stebbins Rd Project 6-24-04
Parcel No. 61-24-115-300-000]-00
Tax No.
Property Address 221 S. Quarterline Road
Name Muskegon Community College
Address 221 S. Quarterline Road
Muskegon, Ml 49442
EASEMENT
Indenture made this _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ AD., 2004,
between'-'-----------"M"""u.,,,sk,,e,eg.,,o"n..,,C""o"'mm"""u.,111"'·ty,.,_,C""o"'ll,,,e,.,g,,_e_ _ _ _ _ _ _ _ _ __
(Name of Owners)
of _ _ _ _ _ _ _ _ _ _ ___,.22,,_l._,,,_S'-'.O"u"'art.,._,,e"'rlin.,.·,.e"'R"'o"'a""d_ _ _ _ _ _ _ _ _ _ _ _ __
(Street Address)
Muskegon Ml 49442
(City) (State) (Zip code)
as Grantors, and Muskegon Charter Township, a municipal corporation, by and through its Township
board, Township Building, Muskegon, Michigan 49442, as Grantee, hereafter referred to as the
"Township" or "Grantee".
RECITALS
Grantors are the owners of certain property, hereinafter described, and Muskegon Charter
Township is desirous of obtaining an easement over and upon a portion of said premises for the purpose
of constructing, maintaining and using certain Utility Lines.
Grantor is willing to grant and convey to the Township an easement for said purposes uponthe
terms and conditions hereinafter set forth.
Witnesseth, that the Grantors, for and in consideration of the sum oflawful money of the United
States to them in hand paid by the Township, the receipt of which is hereby acknowledged, do by these
presents grant, and convey unto the Township of Muskegon and its successors and assigns, permanent
easement over, across and under strips ofland situated in the Township of Muskegon, Muskegon County,
Michigan, which said strips ofland are described on the attached easement drawing, for the purpose of
clearing, trenching for, laying, constructing, maintaining, repairing and using utility pipe lines necessary or
convenient to the Township general plan for the Eastside Water System and the Muskegon Township
Sewage Collection System with all of their necessary apparatuses and appurtenances, which are a part of
the Muskegon Township Eastside Water System and the Muskegon County Wastewater Management
System# 1.
Grantors grant and convey to the Township herewith, the right and privilege to use the temporary
easement when required for the initial construction of the said watermain, and sewer mains, which shall
expire after same are constructed, but not before the calendar year 2005 whichever shall first occur.
I
PROVIDED HOWEVER, that the:
I. · Township shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair or alteration, except for tree removal.
2. Township shall provide Grantors with a temporary roadway for pedestrian and
vehicular traffic when such construction, maintenance, alterations, and repairs interfere with the
Grantors' ordinary pedestrian and vehicular access to the premises.
3. Township shall cooperate with Grantors to cause the least inconvenience to Grantors
during such construction, maintenance, alteration and repairs and complete such work as soon as
reasonably possible.
4. Township in excavating for, constructing, laying, maintaining and repairing said sewer
and water lines, shall do as little damage as possible to the premises of Grantor, and it shall make
good all of such damage to Grantors.
The above special provisions form a part of the consideration for this conveyance in addition
to the monetary considerations above set forth.
IN WITNESS WHEREOF, Grantors have executed this Agreement on the year and day first
above written.
Witnesses:
A~,6cu~
STATE OF MICHIGAN )
) ss
TOWNSHP OF MUSKEGON)
On this _b_ day of---'~~14-------' A.D., 20 Q..:/, before me
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that _ executed the same as _ free act and deed.
~l~~tfuoeL~
Public
Notary
County of Muskegon, Michigan
My Commission Expires: Mpt-1 7
11)
I
_Jct),{,
2
•
. .
EASEMENTS
PARCEL NO. 61-24-115-300-0001-00
TAX NO.·
PROPERlY ADDRESS 221 S Quarterline Road
NAME: Muskegon Community College
ADDRESS: 221 S Quarterline Road
DESCRIPTION OF PROPERTY Muskegon, Mi. 49442
{As taken from City of Muskegon Tax RoU)
THE S. 62 ACRES OF THE S.1/2 OF THE SW 1/4 OF SECTION 15, TOWN 10 NORTH, RANGE 16 WEST, & N.
18 RODS OF SW 1/4 OF SW 1/4 SECTION 15, TOWN 10, RANGE 16 WEST, EXCEPT: COMMENCING AT THE SW
CORNER OF SAID SECTION 15; THENCE EAST 50 FEET; THENCE NORTH 164 FEET; EAST 30 FEET; THENCE
NORTH 600 FEET; THENCE WEST 47 FEET; THENCE NORTH 556 FEET TO E & W 1/4 LINE; THENCE WEST 33
FEET TO WEST LINE THENCE SOUTH TO BEGINNING. AND EXCEPT THE NORTH 33 OF SW 1/W OF SW 1/4,
AND EXCEPT EAST 33 FEET OF S.1/2 OF SW 1/4.
SUBJECT TO EASEMENT AS RECORDED IN UBER 3257, PAGE 990.
, - - 20' WIDE
SANITARY SEWER
CONSTRUCTION EASEMENT
JOHNSON & ANDERSON, INC.
2685 Holton Rood, Muskegon, Ml. +9++5 .
Dote: 02/10/2004
Scale Not To Scale
Job No: 15426-00
·' UBER 3 2 5 l PAUE 9 90
/
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"'-"-...._,._._.....,"""'""E""NT.,_,_ ;!oc>i
This easement made this J...2+day of A.D., t-998;- between Muskegon
Community College, a state public educatio instituti n, of 221 S. Quarterline, Muskegon,
Michigan, 49442, hereafter "Grantors", and the Charter Township of Muskegon, a municipal
corporation, by and through its Township Board, 1990 Apple Avenue, Muskegon, Michigan,
49442, hereafter referred to as the 'Township" or "Grantee."
RECITALS
Grantors are the owners of certain property, hereinafter described,and set forth in
Exhibit A attached hereto and made a part hereof, and the Township is desirous of obtaining
an easement over and upon a portion of said premises for the purpose of constructing,
maintaining and using certain utility lines, sewer lines, or water lines.
Grantors are willing to grant and convey to the Township an easement for said purposes
upon the terms and conditions hereinafter set forth.
Witnesseth, the Grantors hereby grant and convey to the Township of Muskegon and its
successors and assigns, a permanent easement over, across and under strips of land situated in the
Township of Muskegon, Muskegon County, Michigan for the purpose of clearing, trenching for,
laying, constructing, maintaining, repairing and using utility pipelines necessary or convenient
to the Township.
Grantors grant and convey to the Township, the right and privilege to use a temporary
easement, when required, for the initial construction of any utility lines, pipes, mains, or other
work necessary for the installation of said utility lines, and said temporary easement shall
expire after same are constructed, at which time the remaining permanent easement shall
remain in full force and effect.
PROVIDED HOWEVER, the:
1. The Township shall restore the premises to the same condition they were in prior to
such construction, maintenance, repair or alteration, except for tree removal.
2. The Township shall provide Grantors with a temporary roadway for pedestrian and
vehicular traffic when such construction, maintenance, alterations, and repairs interfere with
the Grantors' ordinary pedestrian and vehicular access to the premises.
3. The Township shall cooperate with Grantors to cause the least inconvenience to
Grantors during such construction, maintenance, alterations and repairs and complete such work
as soon as reasonably possible.
4. The Township in excavating for, constructing, laying, maintaining and repairing said
utility lines, pipes, mains, or other utility improvements, shall do as little damage as possible
to the premises of Grantors, and it shall make good all of such damage to Grantors.
5. The Township hereby agrees to hold Granto rs harmless from any liability or claim
arising against the Township during the course of construction or maintenance of the utilities
easement granted herein.
UBER 3 2 5 1PA!iE 9 9 I
IN WITNESS WHEREOF, Gran tors have executed this Agreement on the year and day
first above written.
~SS~: 1
\ GRANTORS:
R. Osborn
Hennings
STATE OF MICHIGAN
55
COUNTY OF MUSKEGON
On this cl?..
_ _ _ _ _ _ _ _ _ _L/
______
day oJ..,,£, tLfa2f4 ~O I, before me personally appeared
~_j~_____ to me known to be the person(s)
described in and who xecuted the foregoing instrument and acknowledged
that . ~- · - executed the same as his/her
free act and deed. Fr n k P. ·
)
otary Public sborn
Coun!}r, Michigan
MyComm.Expires:tl~ /0, ,locio2,
IOLORES M. COFFEY
By c)_a
MUSI<l;,-~~TER TOWNSHIP
P. Don Aley, Supervi
{bJvy_L, a,~_,un<----·
CAROL A. REAM
STATE OF MICHIGAN
55
COUNTY OF MUSKEGON
29 day of ,JANI7ARY , tt2001, before me personally appeared
-"-...U..-""-.aL..c.i._ _ _ _ _ _ _ _ _ _ _ _ _ to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
that - - - - - - - - " " ' - - - - - - - - - - - executed the same as his/her
free act and deed.
'N6tary Pub~'" KIMBERLY A. 1 tfuRy
,, County, Michigart
My Comm. Expires: 1/7 /02
DRAFTED BY: WHEN RECORDED RETURN TO: SEND SUBSEQUENT TAX
BILLS TO:
Harold M. Hermanson Grantees Grantees
Attorney at Law
201 Ameribank Bldg
,~n~1~y" o--a----o- ~)
\9CC (::, C,__epl~ Get
Muskegon, MI 49440 fl\L'':::>~.-"_c'(.\\ 1--,-1\ l...V,';...µ_j.<J..
(616) 727-8058 ----'
EASEMENTS
tmrn 1 2 s 1 PAuf q q 2 EXHIBIT A
PARCEL NO. _ _ _ _ _ _ __
TAX NO. _ _ _ _ _ _ _ _ __
NAME_ _ _ _ _ _ _ _ _ __
DESCRIPTION OF PROPERTY
(As taken from the Muskegon County T!1J[ Roll)
Df.5CRIPTION OF PROPl:RTY SURVEYED:
AH that part of the South¼ oftbc southwest W. of Section 15, Town 10 North, Range 16 West:, c:a::cpt th; Nortb 297.00 feet lbcreof; Alw that pr>41 ?rtbc Nor1be.a• '4 of
the Northwczt ~ of &ictioo 22, Town 10 North., Ruati 16 Weai, oxcept commence 1t tho SouU'lwell corner or the qld N ~ " or the N'f'Jr-,;;r~st W tor a point of
beginning, tbcocc East along the North ¼ line of said Section 22, 132.00 feet, tbeoce North paraUeJ to the Weat ¼ tine of said ,S,,:.;tion 266.00 ~ .. thence West paraUel to
the North 1/, line 132.00 feet, thence South on the West ¼ line to point of beginning.
AJso the Nortb 18 rods oftbc southwest!-' of the Southwest ~ of Sect.ion lS, Town 10 North.Range: 16 West; Except that part which lies Wcstcdy oflbe followini dca:ribetl
line: Beiinnina at a poitd on the South line or Aid Section 15 which i1 50.00 ree1 East of !he Souttrwcll ~mor or aid Section lS; lbenec Noni\ 01 ·t t•t:-i .. bll, 16-4,00 teet:
East. 600.00 feet; lltencc North 88'45'47" Wea, 47.00 lect; !hence North 01'14'13" East, 300.00 feet to a point or ending .
•
DESCRIPTION OF EASEMENT
fl 30· PERMANF.Nf F.ASEMENT DESCRIBED AS FOW)WS:
COMMENCE@TBENWCOR. OPSW 14 OPSW 14 SEC 15, T-10-N,R-16-W. TIIENCEN 89' sz· 13" E 1315.90FEETTOP.O.B. THENCE SOI 07' 13" W ALONG
THE CENTERLINE OF A 30 FOOT EASEMENT 573.00 fl!Er. THENCE S 113" 37' 13" W, 229.00', TIIENCl!S 61" 07' 13" W, 245 PEEi' T011ll! POIN!' OP END
ALSO DESCRIBED AS CrrY OF MUSKEGON MANHOL!l ·
ALSO A zo• COHSTRUCTTON EASEMENT DESCRIBED AS FOLLOWS:
A 20' CONSTRUCTION EASEMENT ATI'ACHED TO TIil! WEST AND NOIU1I SIDE OF TIIE ABOVE DESCRIBED EASEMNENT.
1'!'-N COR. ii.
5WY4, SW1/4
:.:2.c. 1'5
T- !0-N., R'··l&·W
'
:~ :·
N
---f~
·..
I i~~-r~~~~_;'e-#'F;;~t~~!E<-N-r -~·,..fl• ;~
=· =· -\J's
,•-s)-J
ti
---=:::::::..·l
~
11/! Dj,~~0 .,@;;c:.'.::./';;;.:.~. :~::,:,:;;'.':;.,:i)j
'? I/; .,,()¢'''" 5 8~"'57 13 IJ./
.,;::;;://'.'ff''' 22. qcxJ'
Parcel No. 61-10-675-000-0001-00, 61-10-675-000-0003-00, 61-10-675-000-0004-00
61-10-675-000-0006-00, 61-10-675-000-0007-00, 61-10-675-000-0008-00
· 6!Cj 0°675-000-0009-00' 6l-10-675-000-0011-00' 61-10-675-000-0015"°0
' ' . '. '
Property Address Stebbins Road (see sketch)
Name Muskegon Community College
Address Administration Office 221 S. Quarterline
Muskegon, MI 49442
EASEMENT
Indenture made this ____ day of _ _ _ _ _ _ _ _ _ _ _ _ A.D., 2004,
between,_ _ _ _ _ _ _ ___!'M,.,u..,s!.!lk,!<e~go>!.!n"--C""'omm!!!!.!,.u.,,m"'·ty;X....l,C.do~ll"'e!:'ge"------------
(Name of Owners)
of _ _ _ _ _ _ _ _ _ _ _ _22"'1._,,_s.,....,O,cu..,art.._.,e,.,rl,.in"'e_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Street Address)
Muskegon MI 49442
(City) (State) (Zip code)
as Grantors, and Muskegon Charter Township, a municipal corporation, by and through its Township
board, Township Building, Muskegon, Michigan 49442, as Grantee, hereafter referred to as the
"Township" or "Grantee".
RECITALS
Grantors are the owners of certain property, hereinafter described, and Muskegon Charter
Township is desirous of obtaining an easement over and upon a portion of said premises for the purpose
of constructing, maintaining and using certain Utility Lines.
Grantor is willing to grant and convey to the Township an easement for said purposes upon the
terms and conditions hereinafter set forth.
Witnesseth, that the Grantors, for and in consideration of the sum oflawful money of the United
States to them in hand paid by the Township, the receipt of which is hereby acknowledged, do by these
presents grant, and convey unto the Township of Muskegon and its successors and assigns, permanent
easement over, across and under strips ofland situated in the Township ofMuskegon, Muskegon County,
Michigan, which said strips of land are described on the attached easement drawing, for the purpose of
clearing, trenching for, laying, constructing, maintaining, repairing and using utility pipe lines necessary or
convenient to the Township general plan for the Eastside Water System and the Muskegon Township
Sewage Collection System with all of their necessary apparatuses and appurtenances, which are a part of
the Muskegon Township Eastside Water System and the Muskegon County Wastewater Management
System# 1.
Grantors grant and convey to the Township herewith, the right and privilege to use the temporary
easement when required for the initial construction of the said watermain, and sewer mains, which shall
expire after same are constructed, but not before the calendar year 2005 whichever shall first occur.
1
PROVIDED HOWEVER, that the:
1. Township shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair or alteration, except for tree removal.
2. Township shall provide Grantors with a temporary roadway for pedestrian and
vehicular traffic when such construction, maintenance, alterations, and repairs interfere with the
Grantors' ordinary pedestrian and vehicular access to the premises.
3. Township shall cooperate with Grantors to cause the least inconvenience to Granto rs
during such construction, maintenance, alteration and repairs and complete such work as soon as
reasonably possible.
4. Township in excavating for, constructing, laying, maintaining and repairing said sewer
and water lines, shall do as little damage as possible to the premises of Grantor, and it shall make
good all of such damage to Grantors.
The above special provisions form a part of the consideration for this conveyance in addition
to the monetary considerations above set forth.
IN WITNESS WHEREOF, Grantors have executed this Agreement on the year and day first
above written.
Witnesses:
~~- ~/ff(~
pY:e ~ d.0½{"
,A
STATE OF MICHIGAN )
) ss
TOWNSHP OF MUSKEGON)
On thiLiQ day of ~ 4 , : { d ! ~ , A.D., 20 a.i, before me
personally appeared £ ~ /: fadftyd t}__
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that _ executed the same as _ free act and deed.
.'.h)u~ IL/!"<'~)
Notary Public
My Commission Expires: aw.,(
County of Muskegon, Michigan
u
~
/6; ,l0{}6
2
EASEMENTS
PARCEL NO. See Below
TAX NO. ,
PROPERlY ADDRESS Stebbins Rood ( see sketch)
NAME: Muskegon Community College
ADDRESS: Administration Office
221 S Quorterline
DESCRIPTION OF PROPERTY Muskegon, Mi. 49442
(As taken from Muskegon Charter Twp Tax Roll)
LOTS 1 lHRU 9, INCLUSIVE, ALSO LOTS 11, 12 AND 15 OF OAKLAND SUBDIVISION, AS RECORDED IN
LIBER 12, PAGE 21, MUSKEGON COUNTY RECORDS, TOWN 10 NORlH, RANGE 16 WEST, MUSKEGON
CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN.
DESCRIPTION OF EASEMENT{$)
PERMANENT UTILITY EASEMENT: lHE NORlH 15.0 FEET OF lHE ABOVE DESCRIBED PARCELS.
V/L Vl. V/L f1935 V/L !.l(ij
'14 13 12 11 10 9 1 3 2
• 15 I I I I I I I I 1
•
~~I~
I I I I I I I I I
~
;
s u
~
OAK AND
'------''-----'-......L---1---L--...L.--'--J..----JC...........L--'----'---....__....__ _ _ _ _ _--; w
Il-
l~cs
LOT No. PARCEL No.
Lot 1&2-61-10-675-000-0001-00
Lot 3 -61-10-675-000-Q003-00
Lot 4&5 -61-10-675-000-0004-00
Lot 6 -61-10-675-000-0006-00
Lot 7 -61-10-675-000-0007-00
Lot 8 -61-10-675-000-0008-00
Lot 9 -61-10-675-000-0009-00
Lot 11&12 -61-10-675-000-0011-00
Lot 15 -61-10-675-000-0015-00 JOHNSON & ANDERSON, INC.
2685 Holton Road, Muskegon, Ml. +9+4-5
Date: 03/17/2004
Scale Not To Scale
Job No: 15426-00
Parcel No. 61-10-675-000-0010-00
Tax No.
Property Address 1865 Stebbins Road
Name Camille Hitsman
Address 1865 Stebbins Road
Muskegon, MI 49442
EASEMENT
Indenture made this _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ A.O., 2004,
between._ _ _ _ _ _ _ _ _C=ami=·11,,,ec..aHi"'·""ts"'m,,,an,,,,__ _ _ _ _ _ _ _ _ _ _ _ _ __
(Name of Owners)
of ------------~~~==~=~---------------
1865 Stebbins Road
(Street Address)
Muskegon MI 49442
(City) (State) (Zip code)
as Grantors, and Muskegon Charter Township, a municipal corporation, by and through its Township
board, Township Building, Muskegon, Michigan 49442, as Grantee, hereafter referred to as the
"Township" or "Grantee".
RECITALS
Grantors are the owners of certain property, hereinafter described, and Muskegon Charter
Township is desirous of obtaining an easement over and upon a portion of said premises for the purpose
of constructing, maintaining and using certain Utility Lines.
Grantor is willing to grant and convey to the Township an easement for said purposes upon the
terrns and conditions hereinafter set forth.
Witnesseth, that the Grantors, for and in consideration of the sum oflawful money of the United
States to them in hand paid by the Township, the receipt of which is hereby acknowledged, do by these
presents grant, and convey unto the Township of Muskegon and its successors and assigns, permanent
easement over, across and under strips ofland situated in the Township of Muskegon, Muskegon County,
Michigan, which said strips of land are described on the attached easement drawing, for the purpose of
clearing, trenching for, laying, constructing, maintaining, repairing and using utility pipe lines necessary or
convenient to the Township general plan for the Eastside Water System and the Muskegon Township
Sewage Collection System with all of their necessary apparatuses and appurtenances, which are a part of
the Muskegon Township Eastside Water System and the Muskegon County Wastewater Management
System# 1.
Grantors grant and convey to the Township herewith, the right and privilege to use the temporary
easement when required for the initial construction of the said waterrnain, and sewer mains, which shall
expire after same are constructed, but not before the calendar year 2005 whichever shall first occur.
1
PROVIDED HOWEVER, that the:
1. Township shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair or alteration, except for tree removal.
2. Township shall provide Grantors with a temporary roadway for pedestrian and
vehicular traffic when such construction, maintenance, alterations, and repairs interfere with the
Grantors' ordinary pedestrian and vehicular access to the premises.
3. Township shall cooperate with Grantors to cause the least inconvenience to Grantors
during such construction, maintenance, alteration and repairs and complete such work as soon as
reasonably possible.
4. Township in excavating for, constructing, laying, maintaining and repairing said sewer
and water lines, shall do as little damage as possible to the premises of Grantor, and it shall make
good all of such damage to Grantors.
The above special provisions fonn a part of the consideration for this conveyance in addition
to the monetary considerations above set forth.
IN WITNESS WHEREOF, Grantors have executed this Agreement on the year and day first
above written.
)(
STATE OF MICIDGAN )
) ss
TOWNSHP OF MUSKEGON)
On thiscJao6ay of--'a""',""fli-LJ<<C..,1'-------' AD., 20bV 'before me
personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that5-k_ executed the same as /kl.free act and deed.
'7 2a1Jt.&/V·Jdldlij ·
Notary Pubhc ·
NANCY J. SCHOTTEY
Notary Public, Muskegon county, Mir.higan
County of Muskegon, Michigan/
My Commission Expires: SI .2 </ Y
/4 0
My Comm1ss1on Expires 05/24/2006
2
~·'
EASEMENTS
PARCEL NO. 61-10-675-000-0010-00
TAX NO.,
PROPERlY ADDRESS 1865 Stebbins Rood
NAME: Camille Hitsman
ADDRESS: 1865 Stebbins Road
Muskegon, "Mi. 49442
DESCRIPTION Of PROPERTY
{As taken from Muskegon 01arter Twp Tax Roll)
LOT 10 OF OAKLAND SUBDIVISION, AS RECORDED IN UBER 12, PAGE 21, MUSKEGON COUNTY
RECORDS, TOWN 10 NORlH, RANGE 16 WEST, MUSKEGON CHARTER TOWNSHIP, MUSKEGON COUNTY,
MICHIGAN.
DESCRIPTION Of EASEMENT($)
PERMANENT UTILITY EASEMENT: lHE NORlH 15.0 FEET OF lHE ABOVE DESCRIBED PARCEL.
__S_TEBBIN=-S___ R □ AD
S. UNf: Nf:.1/4, SW.1/4, Sf:C 15
~' PERMANENT UTILITY
EASEMENT
I-i-
~ 10 I~
I
I
JOHNSON & ANDERSON, INC.
2685 Holton Rood, Muskegon, Ml. +9«5
Date: 03/17/2004
Scale Not To Scale
Job No: 15426-00
Parcel No. 61-10-675-000-0013-00
Tax No.
Property Address 1825 Stebbins Road
Name Rooert Peterson
Address 1825 Stebbins Road
Muskegon, MI 49442
EASEMENT
Indenture made this _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ AD., 2004,
between,_ _ _ _ _ _ _ _~R.,.o.,,b,,ert"-"-'P'-"et"'e"-r.,so"'n'----------------
(Name of Owners)
of _ _ _ _ _ _ _ _ _ _ _...,18,.2"'5..,,S,.,teb,,,,,,,bins""'"'R.,o.,,a.,d.___ _ _ _ _ _ _ _ _ _ _ _ __
(Stt<et Address)
Muskegon MI 49442
(City) (State) (Zip code)
as Grantors, and Muskegon Charter Township, a municipal corporation, by and through its Township
board, Township Building, Muskegon, Michigan 49442, as Grantee, hereafter referred to as the
"Township" or "Grantee".
RECITALS
Grantors are the owners of certain property, hereinafter described, and Muskegon Charter
Township is desirous of obtaining an easement over and upon a portion of said premises for the purpose
of constructing, maintaining and using certain Utility Lines.
Grantor is willing to grant and convey to the Township an easement for said purposes upon the
terms and conditions hereinafter set forth.
Witnesseth, that the Grantors, for and in consideration of the sum of lawful money of the United
States to them in hand paid by the Township, the receipt of which is hereby acknowledged, do by these
presents grant, and convey unto the Township of Muskegon and its successors and assigns, permanent
easement over, across and under strips ofland situated in the Township of Muskegon, Muskegon County,
Michigan, which said strips of land are described on the attached easement drawing, for the purpose of
clearing, trenching for, laying, constructing, maintaining, repairing and using utility pipe lines necessary or
convenient to the Township general plan for the Eastside Water System and the Muskegon Township
Sewage Collection System with all of their necessary apparatuses and appurtenances, which are a part of
the Muskegon Township Eastside Water System and the Muskegon County Wastewater Management
System# 1.
Grantors grant and convey to the Township herewith, the right and privilege to use the temporary
easement when required for the initial construction of the said watermain, and sewer mains, which shall
expire after same are constructed, but not before the calendar year 2005 whichever shall first occur.
1
,,;·,.
PROVIDED HOWEVER, that the:
1. Township shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair ?r alteration, except for tree removal.
2. Township shall provide Grantors with a temporary roadway for pedestrian and
vehicular traffic when such construction, maintenance, alterations, and repairs interfere with the
Grantors' ordinary pedestrian and vehicular access to the premises.
3. Township shall cooperate with Grantors to cause the least inconvenience to Grantors
during such construction, maintenance, alteration and repairs and complete such work as soon as
reasonably possible.
4. Township in excavating for, constructing, laying, maintaining and repairing said sewer
and water lines, shall do as little damage as possible to the premises of Grantor, and it shall make
good all of such damage to Grantors.
The above special provisions fotlil a part of the consideration for this conveyance in addition
to the monetary considerations above set forth.
IN WITNESS WHEREOF, Grantors have executed this Agreement on the year and day first
above written.
STATE OF MICHIGAN )
) ss
TOWNSHP OF MUSKEGON)
~
On this .ti. day of &
7 ,A.D., 20a::{_, before me
personally appeared \/; ,') I~T ~- P~ o A_
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that_ executed the s ~ : = : : .ct and deed.
·~p~
Notary Public
County of Muskegon, Michigan ,
My Commission Expires: c; /(- o'[
2
Parcel No. 61-10-675-000-0016-00
Tax No.
Property Address 1805 Stebbins Road
'
Name Talena Proctor
Address 1805 Stebbins Road
Muskegon, Ml 49442
EASEMENT
Indenture made this _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ AD., 2004,
between._________T""al"'""'en,.a'-"P'-'r-"'oct"""or,___ _ _ _ _ _ _ _ _ _ _ _ _ __
(Name of Owners)
of _ _ _ _ _ _ _ _ _ _ _...,18""0"'5...,,S"'te"'b"'b..,in"-s""R"'oa.,,d.___ _ _ _ _ _ _ _ _ _ _ _ __
(Street Address)
Muskegon Ml 49442
(City) (State) (Zip code)
as Grantors, and Muskegon Charter Township, a municipal corporation, by and through its Township
board, Township Building, Muskegon, Michigan 49442, as Grantee, hereafter referred to as the
"Township" or "Grantee" ..
RECITALS
Grantors are the owners of certain property, hereinafter described, and Muskegon Charter
Township is desirous of obtaining an easement over and upon a portion of said premises for the purpose
of constructing, maintaining and using certain Utility Lines.
Grantor is willing to grant and convey to the Township an easement for said purposes upon the
terms and conditions hereinafter set forth.
Witnesseth, that the Grantors, for and in consideration of the sum oflawful money of the United
States to them in hand paid by the Township, the receipt of which is hereby acknowledged, do by these
presents grant, and convey unto the Township of Muskegon and its successors and assigns, permanent
easement over, across and under strips ofland situated in the Township of Muskegon, Muskegon County,
Michigan, which said strips of land are described on the attached easement drawing, for the purpose of
clearing, trenching for, laying, constructing, maintaining, repairing and using utility pipe lines necessary or
convenient to the Township general plan for the Eastside Water System and the Muskegon Township
Sewage Collection System with all of their necessary apparatuses and appurtenances, which are a part of
the Muskegon Township Eastside Water System and the Muskegon County Wastewater Management
System# 1.
Grantors grant and convey to the Township herewith, the right and privilege to use the temporary
easement when required for the initial construction of the said watermain, and sewer mains, which shall
expire after same are constructed, but not before the calendar year 2005 whichever shall first occur.
I
•
PROVIDED HOWEVER, that the:
1. · Township shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair or alteration, except for tree removal.
2. Township shall provide Grantors with a temporary roadway for pedestrian and
vehicular traffic when such construction, maintenance, alterations, and repairs interfere with the
Grantors' ordinary pedestrian and vehicular access to the premises.
3. Township shall cooperate with Grantors to cause the least inconvenience to Grantors
during such construction, maintenance, alteration and repairs and complete such work as soon as
reasonably possible.
4. Township in excavating for, constructing, laying, maintaining and repairing said sewer
and water lines, shall do as little damage as possible to the premises of Grantor, and it shall make
good all of such damage to Grantors,
The above special provisions form a part of the consideration for this conveyance in addition
to the monetary considerations above set forth.
IN WITNESS WHEREOF, Grantors have executed this Agreement on the year and day first
above written.
w-~~
DIM/7 I
STATE OF MICIDGAN )
) ss
TOWNSHP OF MUSKEGON)
;r
On thisizL day of f1/1
7 ,A.D., 20 ~ , before me
personally appeared 1a le11 ~ Pro c-fv/
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that _ executed the same as _ free act and deed.
~~
. ~
Notary Public
County of Muskegon, Michigan
My Commission Expires: 'f-1( -or
2
EASEMENTS
PARCEL NO. 61-10-675-000-0016-00
TAX NO.·
PROPERTY ADDRESS 1805 Stebbins Road
NAME: Talena Proctor
ADDRESS: 1805 Stebbins Rood
DESCRIPTION OF PROPERTY Muskegon, Mi. 49442
(As taken from Muskegon Charter Twp Tax Roll)
MUSKEGON CHARTER TOWNSHIP SEC 15 T10N R16W OL-16; OAKLAND SUB'D LOT 16 & OUTLOT "A".
SUBJECT TO A .30 FT PERMANENT ESMT DESC AS: COMM AT NW COR OF SW !4, SW !4 TH 890 52M 1.3S
E 1.315.90 FT TO POB TH S 01 D 07M 1.3S W ALG CTR LINE OF A .30 FT ESMT 57.3 FT TH S 830 37M 13S
W 229 FT TH S 610 07M 13S W 245 FT TO POE ALSO DESC AS: CITY OF MUSKEGON MANHOLE ALSO: A
20 FT CONSTRUCTION ESMT ATTACHED TO W & N SIDE OF ABOVE DESC ESMT UBER 3257 PG 990
DESCRIPTION OF EASEMENT{S)
PERMANENT UTILITY EASEMENT: THE NORTH 15.0 FEET OF THE ABOVE DESCRIBED PARCEL
TEMPORARY CONSTRUCTION EASEMENT: TH,E WEST 20.0 FEET OF THE ABOVE DESCRIBED OUTLOT "A".
STEBBINS ROAD
R.O.W.:.
15' WIDE
PERMANENT UTILITY
EASEMENT
I
I
0Loo16-oo
16
20' WIDE
SANITARY SEWER
CONSTRUCTION EASEMENT
MUSKEGON TlolP
CITY oF MUSKEGON
JOHNSON & ANDERSON, INC.
26B5 Holtan Road, Muskegon, f.41. +9+4-5
Date: 03/17/2004
Scale Not To Scale
Job No: 15426-00
Parcel No. 61-10-015-3 00-0006-00
Tax No.
Property Address VIL Stebbins Road
Name Muskegon Charter Township
Address 1990 Apple Avenue
Muskegon, l\11 49442
EASEMENT
Indenture made this 6th day of _ __,_li.=r'-"i"'l'--_ _ _ _ _ _ _ AD., 2004,
between'--_ _ _ _ _ _ ___,M=u=sk""e""g"'on,.,_,.C..,hart=e~r-"T'-"o"'wns=hi=·P.,__ _ _ _ _ _ __
(Name of Owners)
of _ _ _ _ _ _ _ _ _ _ _~19""9'--"0~A""p"'p"'le""""A"-ve=n,,,u,,,e_ _ _ _ _ _ _ _ _ _ _ __
(Street Address)
Muskegon l\11 49442
(City) (State) (Zip code)
as Granters, and Muskegon Charter Township, a municipal corporation, by and through its Township
board, Township Building, Muskegon, Michigan 49442, as Grantee, hereafter referred to as the
"Township" or "Grantee".
RECITALS
Granters are the owners of certain property, hereinafter described, and Muskegon Charter
Township is desirous of obtaining an easement over and upon a portion of said premises for the purpose
of constructing, maintaining and using certain Utility Lines.
Grantor is willing to grant and convey to the Township an easement for said purposes upon the
terms and conditions hereinafter set forth.
Witnesseth, that the Granters, for and in consideration of the sum of lawful money of the United
States to them in hand paid by the Township, the receipt of which is hereby acknowledged, do by these
presents grant, and convey unto the Township of Muskegon and its successors and assigns, permanent
easement over, across and under strips ofland situated in the Township ofMuskegon, Muskegon County,
Michigan, which said strips ofland are described on the attached easement drawing, for the purpose of
clearing, trenching for, laying, constructing, maintaining, repairing and using utility pipe lines necessary or
convenient to the Township general plan for the Eastside Water System and the Muskegon Township
Sewage Collection System with all of their necessary apparatuses and appurtenances, which are a part of
the Muskegon Township Eastside Water System and the Muskegon County Wastewater Management
System# 1.
Granters grant and convey to the Township herewith, the right and privilege to use the temporary
easement when required for the initial construction of the said watermain, and sewer mains, which shall
expire after same are constructed, but not before the calendar year 2005 whichever shall first occur.
1
PROVIDED HOWEVER, that the:
1. Township shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair or alteration, except for tree removal.
2. Township shall provide Grantors with a temporary roadway for pedestrian and
vehicular traffic when such construction, maintenance, alterations, and repairs interfere with the
Grantors' ordinary pedestrian and vehicular access to the premises.
3. Township shall cooperate with Grantors to cause the least inconvenience to Grantors
during such construction, maintenance, alteration and repairs and complete such work as soon as
reasonably possible.
4. Township in excavating for, constructing, laying, maintaining and repairing said sewer
and water lines, shall do as little damage as possible to the premises of Grantor, and it shall make
good all of such damage to Grantors._
The above special provisions form a part of the consideration for this conveyance in addition
to the monetary considerations above set forth.
lN WITNESS WHEREOF, Grantors have executed this Agreement on the year and day first
above written.
Witnesses:
Uaf;r
P. Don Aley
STATE OF MICHIGAN )
) ss
TOWNSHP OF MUSKEGON)
On this 6 tlday of.,.A_.,p=-r=-i,._1_ _ _ _ _ _ _ , A.D., 20 Qi_, before me
personally appeared P. Don Aley. Muskegon Township Supervisor
to me known to be the person described in and who executed the foregoing instrument and
"""=!edged th,t ..t,<=med t h e - ~ .eed.
~/'. ' ~
otary Public'
County ofMuskegon, Michigan
My Commission Expires: //- L-3 - o../
2
EASEMENTS.
PARCEL NO. 61-lD-015-300-0006-00
TAX NO.
PROPERTY ADDRESS V/L Stebbins Road
NAME: Muskegon Charter Township
ADDRESS: 1990 Apple Avenue
Muskegon, Mi. 49442
DESCRIPTION OF PROPERTY
(As taken from Muskegon Olarter Twp Tax Roll)
THE S 1/2 OF THE NE 1/4 OF THE SW 1/4, SEC 15, TO\'t\'l 10 NORTH, RANGE 16 WEST, MUSKEGON
CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN.
DESCRIPTION OF EASEMENT($)
PERMANENT SEWER EASEMENT: THE NORTH 10.0 FEET OF THE SOUTH 43.0 FEET and THE WEST 10.0
FEET OF THE EAST 43.0 FEET OF THE ABOVE DESCRIBED PARCEL
TEMPORARY CONSTRUCTION EASEMENT: THE NORTH 10.0 FEET OF THE SOUTH 53.0 FEET and THE WEST
10.0 FEET OF THE EAST 53.0 FEET OF THE ABOVE DESCRIBED PARCEL
~
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10' 'MOE • W
-SANITARY SEI-\ER -----t ~- 1-
CONSlRUCllON EASEMENT ~
10' 'MOE SANITARY ~
- SEl't£R EASM'T.
5 ..::::::::~~:::::;-3:::::..:.:....z::z:::::==::=...:...:z:·:u:
b ________..:S::..•• -:UN£ NE.1/4, ~1/4, SEC 1-.:::;5 _ _
1320
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r
STEBBINS ' ± ROAD
JOHNSON & ANDERSON, INC.
26B5 Holton Road, Muskegon, Ml. +9++5
Date: 02/10/2004
Scale Not To Scale
Job No: 15426-00
EASEMENTS
PARCEL NO. 61-10-015-300-0006-00
TAX NO,
PROPERlY AOORESS V/L Stebbins Road
NAME: Muskegon Charter Township
ADDRESS: 1990 Apple Avenue
Muskegon, Mi. 49442
DESCRIPTION OF" PROPERTY
(As taken from Muskegon Charter Twp Tax Roll)
lHE S 1/2 OF lHE NE 1/4 OF lHE SW 1/4, SEC 15, TO\\tl 10 NORlH, RANGE 16 WEST, MUSKEGON
COUNTY, MICHIGAN.
DESCRIPTION OF" EASEMENT{S)
PERMANENT SEWER EASEMENT: lHE NORlH 10.0 FEET OF lHE SOUlH 43.0 FEET and lHE WEST 10.0
FEET OF lHE EAST 43.0 FEET OF lHE ABOVE DESCRIBED PARCEL
TEMPORARY CONSTRUCTION EASEMENT: lHE NORlH 10.0 FEET OF lHE SOUlH 53.0 FEET and lHE WEST
10.0 FEET OF lHE EAST 53.0 FEET OF lHE_ ABOVE DESCRIBED PARCEL.
I
I
I
I I
I
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1-
1(.l
3DO-D006-00
!~~': ~
l"':g,_,
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I ::.1 Cl!:
10' WIDE _ _ __,I i..; W
SANITARY SEWER 1-
CONSlRUCTION EASEMENT ()!:
10' WIDE SANITARY _ _,.. <[
___________________________l_
_ _S_. UNE Nc.1/4, SW.1/4, SEC 1-=-5-,---+
- - - - SEl'IER EASM-'T. - +J'_j]I ~
=-J
-
1320
STEBBINS ' ± ROAD
JOHNSON & ANDERSON, INC.
26B5 Holton Road. Muskegon, Ml. +9+4-5
Date: 02/10/2004
Scale Not To Scale
Job No: 15426-00
CITY COMMISSION MEETING
Tuesday June 22, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: June 15, 2004
SUBJECT: Request to Establish a Pay Range-Police Records Supervisor
SUMMARY OF REQUEST:
Police Department staff request that the Commission consider our request for an increase
in the pay grade for the Police Records Supervisor position. As a result of organizational
changes within the department, the position of Administrative Aide was eliminated and
has been replaced with that of Police Records Supervisor. The new job description has
been approved by the civil Service Commission. The requested pay-grade change is as
follows:
Administrative Aide: $27,538 - $36,720
Police Records Supervisor: $33,698 - $44,933
FINANCIAL IMPACT:
As a result of salary savings from open positions, funds are available for this pay grade
change.
BUDGETED ACTION REQUIRED:
None.
STAFF RECOMMENDATIONS:
Approval of this request.
CITY OF MUSKEGON
DIVISION OF PUBLIC SAFETY
Anthony L. Kleibecker
Director of Public Safety
MEMORANDUM
TO: Bryon Mazade
City Manager
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: June 14, 2004
SUBJECT: Police Records Supervisor Position
We have had a number of discussions as to why I believe that it would be beneficial to
the police department to upgrade this position. I am aware that you would like to have
further discussions with the commission in regards to this potential upgrade and I offer
the following in order to provide a clearer understanding of the functions of this position.
Duties and responsibilities that are critical to the successful operation of the Records
Office include the following:
• Proven records management skills, including technological knowledge that will
allow for more effective and efficient storage and retrieval of records.
• The ability to develop on-line delivery of records services i.e., police reports,
accident reports, public information documents, permits (E-government).
• Preparation of the department payroll. Portions of this function have been the
responsibility of the records office manager but are currently handled by the
Director's secretary. As a result, the secretary has little or no time to assist the
Director with projects, reports and other administrative functions.
• Full responsibility for the department's public information function. This is
currently handled by the Investigations Captain and as a result has impacted his
ability to assist and manage the detectives within his bureau.
• Serve as the department's Law Enforcement Information Network Terminal Agency
Coordinator (TAC). The TAC is responsible for training officers, responding to state
audits and preparing reports for the state. Cun·ently a Lieutenant and a Customer
980 Jefferson Street www.muskegonpolice.com Phone: (231) 724-6955
Muskegon, Michigan Fax: (231) 725-2043
49443-0536
Service Representative share these responsibilities. This would relieve the
Lieutenant of his involvement in this process.
• Skills, knowledge and experience in addressing personnel issues. In the absence of
this position, those duties have been the responsibility of the Investigations Captain.
• Strong leadership. Able to take an active role as a member of the department's
management team.
• Periodic and systemic review of business practices and internal processes. This is
critical to improving the customer relations aspect of the records department.
Finally, I am seeking a person who can gain the very best effort from the records staff.
Since my arrival I have discussed with you my concerns as to our low number of support
staff, relative to our number of sworn personnel. Without adequate support staff,
functions that could be handled by them fall to sworn personnel and that is not the best
use of that resource. I firmly believe that by developing this management position we
will gain greater efficiency and effectiveness in the unit and thus, not need to increase our
level of support staff.
Thank you for your consideration.
980 Jefferson Street www .muskegonpolice.com Phone: (231) 724-6955 2
Muskegon, Michigan Fax: (231) 725-2043
49443-0536
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