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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 14, 2003
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
HONORS AND AWARDS:
a. Certificate of Recognition to Muskegon High School Big Red
Football Team CITY CLERK
b. Certificate of Recognition to Muskegon High School Big Red Girls
Basketball Team CITY CLERK
c. Certificate of Recognition to Muskegon Catholic Central High
School Football Team CITY CLERK
CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Community Relations Committee 2003 Appointment CITY CLERK
c. Liquor License Request - Opportunity LLC 978 Pine St. CITY CLERK
d. Liquor License Request -TDDK. Inc. 450-452 W. Western CITY CLERK
e. Sidewalk Vacation- Park Terrace Apartments CITY COMMISSION
PUBLIC HEARINGS:
a. Create Special Assessment District on: 2003 Sidewalk Program (W-
fil ENGINEERING
b. Resolution for Development District On-Premise Liquor License for
Thomas Harris PLANNING & ECONOMIC DEVELOPMENT
NEW BUSINESS:
a. Vacation of the Eastern Portion of Alley in Block 346 PLANNING
AND ECONOMIC DEVELOPMENT
b. Sale of Buildable Vacant Lot on Ducey Ave. PLANNING &
ECONOMIC DEVELOPMENT
CLOSED SESSION: to discuss pending litigation
City of
Muskegon
State of Michigan
2003 -fJ(!)1 a)
Certificate of Recognition
WHEREAS; It gives us a great deal of pleasure to express to all the members of the
Muskegon High School Big Reds Football team, on behalf of all the
citizens of Muskegon, our sincere congratulations on your successful
season;and
WHEREAS; the Muskegon High School Big Red Football Team under the direction of
Coach Tony Annese and his assistant coaches, guided the team to win
the District Division 1 Championship, and
WHEREAS; chosen by Chronicle sports writers and other coaches the Big Red's
placed 10 players on this year's All-Area Team, and
WHEREAS; this honor squad includes Jermar Jackson, Jamaine Wilson, Demonte
Collins, Tom Vreden, Larry Perry, Josh Cammon, Ross Davis, DeAngelo
Clar, Quentin Watts and Tim McDaniel, and
WHEREAS; the Big Reds with their many wins showed our Community the great
desire and competitive quality they have when playing football, and
SO, NOW THEREFORE BE IT RESOLVED that I Mayor Wanmington speaking on
behalf of the, City Commission and entire community deem it an honor
and pleasure to present this Certificate of Recognition to the Muskegon
High School Big Reds Football team for giving us all a very exciting year
of football.
IN WITNESS WHEREOF, I have hereunto set our hands and cause the seal of the
City of Muskegon to be affixed this 14th day of January, 2003.
Steve Warmington, Mayor Karen Buie, Vice Mayor
Stephen Gawron, Commissioner Bill Larson, Commissioner
Clara Shepherd, Commissioner Lawrence Spataro, Commissioner
Robert Schweifler, Commissioner
City of
Muskegon
State of Michigan
2CXJ2 - 01 b)
Certificate of Recognition
WHEREAS, the Big Reds Girl's Basketball team from Muskegon High School under
the coaching of Cecil Hammond ended the best basketball season in
their school history at a 24 win and 1 loss, and
WHEREAS, they won the Class A District Championship leading them to the Class A
Regional Title Games, and
WHEREAS, with seniors Sandifer, Churchwell and Coley setting a praiseworthy
model of leadership for their teammates, and
WHEREAS, this will be a team that future Muskegon High School girls basketball
teams will be assessed by, and
SO, NOW THEREFORE BE IT RESOLVED, that I Mayor Wannington speaking on
behalf of the, City Commission and entire community deem it an honor
and pleasure to present this resolution to the Muskegon High School Big
Reds Girl's Basketball team for their endeavor at the Class A Regional
Title.
IN WITNESS WHEREOF, I have hereunto set our hands and cause the seal of the
th
City of Muskegon to be affixed this 14 day of January, 2003.
Steve Warmington, Mayor Karen Buie, Vice Mayor
Stephen J. Gawron, Commissioner Bill Larson, Commissioner
Clara Shepherd, Commissioner Robert Schweifler, Commissioner
Lawrence Spataro, Commissioner
City of
\
Muskegon '
State of Michigan
2lXJ3 · 0'1 C)
CERT/FICA TE OF RECOGNITION' ,
WHEREAS; it gives me a great deal of pleasure to express to all the members of the
Muskegon Catholic Central Crusaders Football team our sincere
congratulations for an exciting, hard-fought, and successful ~•~ason with
36 wins and 4 loses, and
WHEREAS; under the guidance of Coach Mike Holmes, the Crusaders ranked No. 1
in Division 7 and finished State runner up in the Regional Championship
game, and
WHEREAS; Joe Perri and Bill Cassleman were rewarded with positions on the
Associated Press Class C All-State Team, and
WHEREAS; this fine team of young men demonstrated an outstanding spirit of
dedication, ethusiam and hard work, and
SO, NOW THEREFORE BE IT RESOLVED, that I Mayor Warmington speaking on
behalf of the, City Commission and entire community deem it an honor
and pleasure to present this Certificate of Recognition to the Muskegon
Catholic Central Crusaders football team for their remarkable year in
football.
IN WITNESS WHEREOF, I have hereunto set our hands and cause the seal of the
th
City of Muskegon to be affixed this 14 day of January, 2003.
Steve Warmington, Mayor Karen Buie, Vice Mayor
Stephen J. Gawron, Commissioner Bill Larson, Commissioner
Clara Shepherd, Commissioner Robert Schweifler, Commissioner
Lawrence Spataro, Commissioner
2003 - 02 a)
Date: January 14, 2003
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 Commission
Worksession that was held on Monday, December 9, 2002; and the
Regular Commission Meeting that was held on Tuesday, December 10,
2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
2003-00 (a)
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 14, 2003
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 5:30pm, Tuesday, January 14, 2003.
Mayor Warmington opened the meeting with a prayer from Pastor Paul Erban of Journey
Community Church, after which members of the City Commission and members of the
public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners Stephen
Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City
Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2003-01 HONORS AND AWARDS:
a. Certificate of Recognition to Muskegon High School Big Red Football
Team CITY CLERK
Commissioner Larson presented a Certificate of Recognition to Coach Tony Annese.
b. Certificate of Recognition to Muskegon High School Big Red Girls
Basketball Team CITY CLERK
Commissioner Shepherd presented a Certificate of Recognition to Coach Cecil
Hammond.
c. Certificate of Recognition to Muskegon Catholic Central High School
Football Team CITY CLERK
Commissioner Gawron presented a Certificate of Recognition to Coach Mike Holmes.
2003-02 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was
held on Monday, December 9, 2002 and the Regular Commission Meeting that was held
on Tuesday, December 10, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Community Relations Committee 2003 Appointment
Recommendations CITY CLERK
SUMMARY OF REQUEST: To approve recommendations from the Community Relations
Committee for appointments to City Boards and Committees.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of Recommendations.
c. Liquor License Request - Opportunity LLC 978 Pine St. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation
on a request from Opportunity, LLC to transfer ownership of the 2002 Class C-SDM
licensed business with dance-entertainment permit from Pine Street Tavern, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
e. Sidewalk Vacation- Park Terrace Apartments CITY COMMISSION
SUMMARY OF REQUEST: After receiving a survey of the property on which the Park
Terrace apartments are being built, it was discovered that there is a dedicated sidewalk
running through the middle of the property. This sidewalk dedication needs to be
removed to permit clear title.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Schweifler, second by Vice Mayor Buie to approve the
Consent Agenda minus item d.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays:None
MOTION PASSES
2003-03 ITEMS REMOVED FROM CONSENT AGENDA:
d. Liquor License Request - TDDK. Inc. 450-452 W. Western CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation
on a request from TOOK to transfer ownership of the 2002 Class C licensed business with
dance-entertainment permit from Key Food & Equipment Company. They are also
requesting a new SOM license to be held in conjunction. This request also includes an
official permit for food, entertainment, two additional bars and outdoor service area.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Larson, second by Commissioner Schweifler to approve
the request from TDDK, INC., to transfer ownership of 2002 Class C Licensed
Business with Dance Permit, located at 450-452 W. Western, Muskegon, Ml 49440,
Muskegon County, from Key Food & Equipment Company. And New Entertainment
Permit.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays:None
MOTION PASSES
2003-04 PUBLIC HEARINGS:
a. Create Special Assessment District on: 2003 Sidewalk Program (W-
fil ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
district of the project and to create a special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project.
The district will not include those who complete the work under a permit before June 1st
2003.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the project for special assessment create a
special assessment district for the project and assign two City Commissioners to the
Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:55 to hear and consider any comments from the
public. Commissioner Spataro asked to be excused due to a conflict of interest. .
Comments were heard from Bill Grimm of 205 Washington Ave., and Dave Mason, owner
th
of 1905 6 in regards to doing work themselves. Comment was heard in agreement from
Robert Green of 393 Washington Ave. Franklin Enterprises General Manager Richard
Gould of 1307 Spruce Ave., Grant, Ml agreed to work on W. Southern but was opposed to
work on 8th St.
Motion by Commissioner Schweifler, second by Commissioner Larson to close the
Public Hearing at 6:10.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Warmington, Buie
Nays: None
Absent: Spataro
MOTION PASSES
Motion by Commissioner Schweifler, second by Commissioner Gawron to create a
Special Assessment District on 2003 Sidewalk Program (W-5) and appoint two City
Commissioners to the Board of Assessors.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Warmington, Buie, Gawron
Nays: None
Absent: Spataro
MOTION PASSES
b. Resolution for Development District On-Premise Liquor License for
Thomas Harris PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing on the request for a Development
District ON-Premise Liquor License for Thomas Harris and approve the resolution. The
request is necessary due to a lack of available liquor licenses in the City of Muskegon.
The Liquor Control Code allows for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT: Approval of the liquor license will allow for a new restaurant in the
downtown area of Muskegon, which will ultimately result in increased revenue for the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold a public hearing and approve the resolution.
COMMITTEE RECOMMENDATION: The Downtown Development Authority approved the
request at their regular meeting on December 17, 2002.
The Public Hearing opened at 6: 15 to hear and consider any comments from the
public. No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to close
the Public Hearing at 6:21 and approve the Development District On-Premise Liquor
License for Thomas Harris and approve the resolution.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays:None
MOTION PASSES
2003-06 NEW BUSINESS:
a. Vacation of the Eastern Portion of Alley in Block 346 PLANNING
AND ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to vacate the eastern portion of the alley in block
346, adjacent to Samuel Lutheran Church on Webster Ave.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
RECOMMENDATION: The Planning Commission and staff recommend denial of the
request because of residents need to access garages from the alley.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Planning Commission and Staff and deny the request of vacation of the
eastern portion of the alley in Block 346, adjacent to Samuel Lutheran Church on
Webster Ave.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays:None
b. Sale of Buildable Vacant Lot on Ducey Ave. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1292 Ducey
Ave. (designated as parcel number 24-611-000-0431-00) described as URBAN
RENEWAL PLAT NO 2 LOT 431 OF THE REVISED PLAT (OF 1903) OF THE CITY OF
MUSKEGON to Lartice Jones, a single man, of 2412 Reynolds Street, Muskegon Heights,
Ml. The lot is 100 X 132 ft. and is being offered to Lartice Jones for $7,100. They plan to
use the land for the construction of a single-family, 30' X 60', modular home. The home
will contain 3 bedrooms, a full basement, and a 2-stall attached garage. The appraised
value of the lot is $7,000 and Lartice Jones submitted the only bid of $7,100.
FINANCIAL IMPACT: The sale of this lot for construction of a new home will generate
additional tax revenue for the City and will place the property back on the City's tax rolls
thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution.
Motion by Vice Mayor Buie, second by Commissioner Larson to approve the sale of
a vacant buildable lot at 1292 Ducey Ave. to Lartice Jones of 2412 Reynolds St.,
Muskegon Heights, Mi for $7,100 and authorize both the Mayor and Clerk to sign
resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
2003-06 CLOSED SESSION: to discuss pending litigation
Motion by Commissioner Schweifler, second by Vice Mayor Buie to go into close
session at 6:30pm to discuss pending litigation.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro,
Nays: None
MOTION PASSES
Motion by Commissioner Schweifler, second by Commissioner Shepherd to go into
open session at 6:52pm.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington,
Nays:None
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at 7: 10pm.
Respectfully submitted,
Gail Kundinger, MMC
2003 - 02 b)
Date: January 14, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Community Relations Committee 2003
Appointment Recommendations
SUMMARY OF REQUEST: To approve recommendations from the
Community Relations Committee for appointments to City Boards and
Committees.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of Recommendations
COMMITTEE RECOMMENDATION:
Community Relations Committee
2003 Appointment Recommendations
BOARD OF CANVAS SERS
Wanda Matsey
BOARD OF REVIEW
Don Haas
Georgia Strube
Sandra Talsma
CEMETERY
Dan Achterhoff
CITIZEN'S POLICE REVIEW BOARD
Trooper Brett Sova
William Muhammad
Irene NavmTo
Dolly Hippchen
Ann Craig
David Burlingame
Jon Osborn
CIVIL SERVICE
Deborah Smith
CONSTRUCTION CODE BOARD OF APPEALS
Matt Tighe
Vicki Webster
Kevin Donovan
DOWNTOWN DEVELOPMENT/BROWNFIELD
Ben Bifoss
Rich Taylor
Martha Bottomley
ELECTION COMMISSION
John Bronsema
EQUAL OPPORTUNITY COMMITTEE
George Bennett
Roger Sustaita
Quinton Cooley
HISTORIC DISTRICT COMMISSION
Jackie Hilt
Lois Cole
Annette Medema
HOSPITAL FINANCE AUTHORITY
Brandi Gary
Thomas Schaefer
HOUSING CODE BOARD OF APPEALS
John Warner
Randy Mackie
INCOME TAX BOARD OF REVIEW
John Moran
LAND REUTILIZATION COMMITTEE
Sally Messner
Lisa Fox
LEISURE SERVICES BOARD
Billie Bruce
Bryan Chapman
James Messick
LOCAL DEVELOPMENT FINANCE AUTHORITY
Faye Redmond
LOCAL OFFICER'S COMPENSATION COMMISSION
Brian A. Barber
Jodi L. Hernandez
Susie M. Johnson
PLANNING COMMISSION
Tom Hanyman
Tom Johnson
Tim Michalski
ZONING BOARD OF APPEALS
Raymond Hilt
2003 02 c)
Date: January 14, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Opportunity, L.L.C.
978 Pine Street
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Opportunity, L.L.C. to transfer
ownership of the 2002 Class C-SDM licensed business with dance-
entertainment permit from Pine Street Tavern, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All money owed to the City has been
paid. All Departments are recommending approval.
20J3 - 02 c)
Date: January 14, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Opportunity, L.L.C.
978 Pine Street
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Opportunity, L.L.C. to transfer
ownership of the 2002 Class C-SDM licensed business with dance-
entertainment permit from Pine Street Tavern, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Treasurer's Office is recommending
disapproval due to money owed to the City.
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: 195645
Date: October 21, 2002
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: OPPORTUNITY, L.L.C.
Home Address And Phone No:
MALACHI F. WILLIAMS, JR., 628 ADA AVENUE, MUSKEGON, Ml 49442 H(231 )726-6108
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 RECEIVED
OGT :.I: 2002
LC-1305 REV 9/17
4880-1234 MUSKEGOfl
Cl'l'.lf. MM'!/.\.G!Zt1'S
OFFICE
(
Req ID #195645
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION 2003 - 02 c)
At a _ _ _ Re~g..,,,u_la...,...r-----::,-----,-,,--- - - - -- meeting of the _ __C:: :. _i:. . : t. ,__,y: :- =C=an=.1"1i:::.
-'= ss.: :..i,.: :;:onc'----:--=------=-----:-:,--- - - -
<Regu1ar or Spec ial) (Township Board, Cily or Village Council)
called to order by -----=---
Mayor Wannington
- - - " - ' - - -- --
on - - - -January 14, 2003
- ~ ~ -- -
at - - -
5:30
- - P.M.
The following resolution was offered:
Moved by - - ~Caun=~is=s~io=n~er~S=ch=w~e1L.,L·f-'-.....
'ler__ and supported by __,Vu.i~ce--L.IMacy;y,~a,_r__._B"-'-11.llie'----- -- - - -
That the request from OPPORTUNITY, L.L.C. TO TRANSFER OWNERSHIP OF 2002 CLASS C LICENSED
BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 978 PINE, MUSKEGON, Ml 49442,
MUSKEGON COUNTY, FROM PINE STREET TAVERN, INC. {STEP II}.
be considered for roval
_ _;_i::..c:..:....,:....:....=..; _ __ _ __ --:(cc--
Ap-pro- va-,---1o--=
, D:'.7',i-app-ro--=
val::-
) - -- - -- -- - - - - - - - -
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
- ---'--- - - - -- - - - -- - -- - - - -
Nays: - - --"-0_ _ _ __ __ Nays:
- - -- - - - - -- -
Absent: - ----"'-----
O
- - - Absent: - - - - - - - -- -
It is the consensus of this legislative body that the application be:
Recanrended
- - -- - - - -- - -( Recommended
- --or-- - - - - - - - -- - -- - - - - for issuance
nm Recommended)
State of Michigan _ __ __)
§
County of ~MJ~sk=e"""gc-)•~ - - - - )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Canll'.ission ata _ ---'R
--"e~g=ul~a~r_ _ _ _ _ _ _ _ _ __
(Townshi p Bo~trd , City or Village Council) (Regular or Sptcial)
meeting held on January 14, 2003
(Date)
SEAL (Signed) ~ful_, 0
Gail Ktilndi nger' City Cl ~~ ' ship, City of Village Cl<rk)
933 Terrace
M1skegon, Ml 49440
(Mailing address of Township, Ci1y of Village)
Muskegon Police Department
A~L.'J::.~
elde/,o/ 'P<JUu
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(23 1) 724-6750 (23 I) 722-5 140 {=
www.muskegonpolice.com
November 21, 2002
To: The City Commission through the City Manager
From:
An ony L. Kleibecker, Chief of Police
Re: Liquor License Transfer at 978 Pine Street
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation concerning 978 Pine Street. Applicants,
Malachi F Williams Jr. of Opportunity, L.L.C. are requesting to transfer ownership of
2002 Class C-SDM licensed business with Dance-Entertainment from Pine Street Tavern.
Mr. Williams has had no experience of owning an alcohol service establishment but has
been made aware of the Muskegon Police Department's position on enforcing local
alcohol laws and ordinances. He currently is employed with Michigan Department of
Corrections and plans to keep that job while running the bar at 978 Pine Street.
We have searched MPD records and conducted a Criminal History Check and find no
reason to deny this request.
TK/cmw
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 11-21-2002
Re: Liquor License Transfer
ChiefKleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Malachi F. Williams Jr., 628
Ada Avenue, Muskegon, MI. 49442 who represents Opportunity, L.L.C., 978 Pine,
Muskegon, MI. 49442.
Malachi F. Williams Jr. is requesting to transfer ownership of2002 Class C-SDM
licensed business with Dance-Entertainment from Pine Street Tavern, Inc. Mr. Williams
has had no experience of owning an alcohol service establishment but has been made
aware of the Muskegon Police Department's position on enforcing local alcohol laws and
ordinances. He currently is employed with Michigan Department of Conections and
plans to keep that job while running the bar at 978 Pine Street.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/common/Williams
LIQUtOR LICENSE REVIEW FORL'1
Business Name: Qa{)ocfua,t't
I r J
Li. C
AKA..Business Name (if applicable): /{t:!ltoa..s/y
Operato:r/Mm1ager's Name: /Ila La C /2 / r. M!lam.s, j;,
Business Address: q7t I/() e_
Reason foir Review:
New License D Transfer of ~wn.ership M 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: _.L_IL_/-_..!_I.L_J_--=O'--=-;)_-=----
Poiice Departmemt Approved ifnenied D No Action Needed D
Income 'fax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved! • Denfod D Pending ZBA •
Clerk's App.roved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
r-. -;-.. -- - -- ----
.,·:~'/.,,/:::It'~I: /.·,. f,n)/
Department Signature 4 L- ~ ) ~ O. 0--:..
/(-U,_-0"\.._
'
;u oc__ ___ .
i,
j)!/j/!/
l - --
- ·--- ---- ---
Gail A. Kundinger, City Clerk '
Liquor License Coordinator
\~,.,.,!,..,J. \I.).'~;;:, '\l L
Michis;an Department of Consumer & Industry ~cirvices
f'+\
LIQUOR CONTROL COMMISSION
7150 Harris Drive ' . I' I ,
'
P.O. Box 30005
Lansing, Michigan 48909-7505
\ ,1 i! './
•. ID
i ;V Ol 2002
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4)]
To: MUSKEGON POLICE DEPARTMENT Date: October 21, 2002
CHIEF OF POLICE REF#: 195645
980 JEFFERSON STREET
PO BOX536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
OPPORTUNITY, L.L.C. REQUESTS TO TRANSFER OWNERSHIP OF 2002 CLASS C-SDM LICENSED
BUSINESS WITH DANCE-ENTERTAINMENT PERMIT AND QFFIGIAl::-PERMff-fFQ~OCATED AT
978 PINE, MUSKEGON, Ml 49442, MUSKEGON COUNTY, FROM PINE STREET TAVERN, INC. (STEP
II).
Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form, you may use
the back.
Forward your report and recommendations of the applicant to the Licensing Division.
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
Michigan D""::!rlment of Consumer & Industry Services
POLICE INSPECTION REPORT ON L OR tlCEMSE REQUEST MICHi( LIQUOR CONTROL COMMISSION
7150 Harris Drive '<'<~ \O· :>;:;. •0 ..._,
Req ID #195645 (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)
OPPORTUNITY, L.L.C. , 978 PINE, MUSKEGON, Ml 49442, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2002 CLASS C-SDM LICENSED BUSINESS WITH
DANCE-ENTERTAINMENT PERMIT A N ~ - - f F - O O D . ) , FROM PINE STREET TAVERN,
INC. (STEP 11). ~~
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
MALACHI F. WILLIAMS, JR. - MEMBER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
628 ADA AVENUE
MUSKEGON,
I .
Ml 49442
H(231)726-6108
DATE OF BIRTH: / - ll- /~5b DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
' Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
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: Date finqerprinted:
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 applic~nt intend to have dancing or entertainment?
D No foes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ~ o • Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet a~propriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? i8-:(es No •
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? Yes ;Kl'No •
2. Is the proposed location satisfactory for this business? ~Yes D No
3. Should the Commission grant this request? J2(\'es 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)
L. . 1<-._
re (Sheriff or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
STATE OF MICHIGAN
"l'ARTMENT OF CONSUMER & INDUSTRY SERVI(
LIQUOR CONTROL COMMISSION ( REQID: 195645
7 150 Harris Drive
P.O. Box 30005
Lansing, Ml 48909,7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTNITY PERMIT
(Authorized by MCL 436.1916)
OPPORTUNITY, L.L.C. (231) 726-6108
APPLICANT/LICENSEE PHONE NUMBER
978 Pine St. Muskegon Muskegon MI
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
ERMIT S). RE UESTED: DANCE@ ENTERTAINMENT 0 TOPLESS ACTIVITY •
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 • ~
3. Will this entertainment include topless activity? YES • NO )ef_ NIA •
iLAW ENFORCEMENT RECOMMENDATION/
DANCE PERMIT YES NO D NIA ~· •
ENTERTAINMENT PERMIT YES ~ NO D NIA •
TOPLESS ACTIVITY PERMIT YES • NO D NIA ><@
~ MARKS.
11-21-02 /.) L . I~
DATE SUBMITTED OFFICE®fsiliNATURE
Muskegon Police ( 231) 724-6750
DEPARTMENT NAME PHONE NUMBER
980 J efferson St. Muskegon
ADDRESS CITY
LC-69JN REV 5/98
4880-0652
LIQUOR LICENSE REVIEW FORM
Business Name: 0;;,()ocfua
r. .;
1~ i !.. C
AK.A Business Name (if applicable):
rl}fe!/tau.s/SL
(7
Operator/Manager's Name:
Business Ad.dress:
Reason fo:r Review:
New License D Transfer of ~wnership ~ Dance Pe:rmit 0
Drop/Add Name on License •· D
Transfer Location
Drop/Add Sfockholder Name 0 New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline foir Jreceipt of all ftnfo:rmation: _..._l.._!-___._I. .J_-....;.0-=--;2._---
.
Police Department Approved ~nied D No Action Needed D
Income Tax Approved ~ Owing _D Amount: - - - -
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA D
Clerk's Appiroved D Owing •
Amount: _ _ __
Fire/Inspection Compliance D Remaining Defects _ _ _ __
Services
Department Signature ~ 11/sj 60---
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: °tf)aciun
r. ;t<t; l t.. C
.L,;.K.A Business Name (if applicable):
. I/)/"e!/taus/c.t
c7
Ope!l'ato.r/Manager' s Name:
Business Address:
Reason fo:r Review:
New License D Transfer of ~wnership )!/ D
Dance Permit
Drop/Add Name on License •· Transfer Location D
D:rop/Add Stockholder Name D New Entert~inment Permit D
Other _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadllme for receipt of all information: _ /-~!_,_J_-_;;;;O--=-~-"---
_._l......
Polke Department Approved D Denied D No Action Needed D
Income Tax Approved
Treasurer Approved D
Zoning Approved D
Clerk's Approved D Owing D Amount: _ _ __
Fire/bispection Compliance D Remaining Defects _ _ _ __
Services
Department Signatur~ 2 II /2 t/12--
Gail A. Kundinger, City Clerk
Liquor License Coordinator
PROPERTY - CINQl Page 1 of 1
Next Screen ,
! __ _
Charges and Payments Summary
Usage History I Chrgs/Pymt Hist j
Balance by Utility j Inquire EAP I
Organization # 900 Bill Grp #
Account#
I 2100825(2_31 Start at Date I 1113011 Owner Route 210
Service Address 00978 PINE ST
Customer Name BRUTTERS Account Status F Date 91 002
Mailing Address 01323 MARQUETTE AVE MUSKEGON , MI 494 42
# of Units Unit Name # of Meters 1
Account Balance 127 . 18+ Current Charges 127.18+ Arrears +
Deposit Amount Deposit Date Comments YES
Charge Due
Dtl Date Date Charge Payment EAP Payment Description
_j 100302 110402 127.18+ + + CHARGES
_j 90902 + 322.51 - + PAYMENT
_J 71002 81902 180.93+ + + CHARGES
_J 40502 52802 141.58+ + + CHARGES
_J 40202 + 187.23- + PAYMENT
_J 10702 30402 187 . 23+ + + CHARGES
_J 10202 + 306 . 92 - + PAYMENT
_J 111301 16 . 24+ + + CHARGES
GO
http://intranet/GEMS/PROPERTY/CINQ l .ASP 11/8/2002
CITY OF MUSKEGON -- 2002 Winter TAX BILL Bill #: 14336
ME S S A G E T O T A X P A Y E R
Taxes are based upon Taxable Value.
THIS IS A CITY OF MUSKEGON 2002 PROPERTY TAX BILL 1 mill equals $1.00 per $1,000 of Taxable Value.
PAYABLE ON OR BY FEBRUARY 14, 2003. OUR PHONE Amounts with no millage are either Special Assessments
NUMBER IS 231-724-6720 AND OFFICE HOURS ARE 8:30 AM or other charges being added to this tax bill.
- 5:00 PM, MON - FRI, EXCLUDING HOLIDAYS. AFTER
FEBRUARY 14, 2003, PENALTY OF 3% IS ADDED. MARCH l,
2003 & AFTER, THE REAL ESTATE PROPERTY TAX IS T AX DETAIL
PAYABLE TO THE MUSKEGON COUNTY TREASURER WITH A 4%
PENALTY PLUS 1% PER MONTH. Taxable Value: 10,600
State Equalized value: 10,600 Class: 251
PROPERTY I N F O R M A T I O N TAXING UNIT MILLS TAX
Property Assessed To: BRUTTERS INC COUNTY 8.89940 94.33
BRUCE JOHNSON M.A.I.S.D. 3.75960 39.85
978 PINE ST CITY 10.07860 106.83
MUSKEGON, MI 49442 HACKLEY LIBRARY 2.40000 25.44
MUSKEGON PUBLIC SC STATE EDUCATION 6.00000 63.60
Property#: 61-24-900-251-0925-00 School Dist: 61010 MPS OPERATIONS 18.00000 190.80
Prop. Addr: 978 PINE ST Bill #: 14336 MPS DEBT 7.00000 74.20
Legal Description:
PERSONAL PROPERTY 97 8 PINE ST
0 P E R A T I N G FISCAL Y E A R S Total Tax: 56.13760 595.05
The taxes on this bill will be used for governmental Administration Fee: 4.88
operations for the following fiscal year{s):
County: 10/01/02-09/30/03 School: 07/01/02-06/30/03 TOTAL AMOUNT DUE: 599.93
City: 01/01/03-12/31/03 State : 10/01/02-09/30/03
This does NOT affect when the tax is due or its amount. % Declared as Homestead O. 00
Please detach along perforation. Keep the top portion.
-----------------------------------------------------------------------------------------------------------------------------------
Bill #: 14336
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT. THANK YOU.
Pay this tax to: This tax is due by 02/14/2003
ATTN: CITY OF MUSKEGON TREASURER After 02/14/2003, additional interest and fees apply.
P.O. BOX 1825
TROY, MI 48099-1825
2002 Winter Tax for Property Number: 61-24-900-251-0925-00
TAXPAYER NOTE: Are your name & mailing address correct?
If not, please make corrections below. Thank you. Make check payable to: CITY OF MUSKEGON
Property Addr: 978 PINE ST
599.93
To: BRUTTERS INC Amount Remitted:
BRUCE JOHNSON
978 PINE ST
MUSKEGON MI 49442
Ill
111111111111111 llllllll I Ill
LIQUOR LICENSE REVIEW FORl-VI
Business .Namte: °'012acfua ,t<t; L L. C
...l\K.i\ ~u:siness Name (if applicable): j21e11tovsj/t toe St,eef z;;l/('hJ
0perato:r/Manager' s Name: /lla la C /2 t" r. Mila ms) ~
Business Address: 97t ///)(:
Reason for Review:
New License D Transfer of ~wnership )if Dance Permit D
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other--~ - - - - - - - - - - - - - - - - - - - - - -
Deadlilllie for receipt of all information: _..!'.,_IL_!-~J..!....J_--=0:...._!:::;.;2__-=----
PoHce Department Approved D Denied D No Action Neededl. D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved ~ Denied D Pending ZBA •
Clerk's Approved D Ow:ingD Amount:
Fire/Inspection CompBiance D Remaining Defects
Services
Department Signature ~d, ~~~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ.'1
Business Name: Qo.{)o.cfun
1r
'b<t ; 1 i. C
}~.KA. Business Name (if applicable): J)1e11ta1.1.s/!L
r e?
OpeJrator/Manager's Name:
Business Addll"ess:
Reason. for Review:
New License D Tra~sfer of. ~wnership ~ 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: _ _,__!.__/---'-l-'-J_-_0--=--;;)_
_ __
Police Department Approved D Denied D No Action Neededl.0
Income Tax Approved! • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved! • Denied D Pending ZBA •
Clerk's Approved
• Owing • Amotm:t:
Fire/Inspection Complianiee !Z[ Remaining Defects
Services
Department Signature ~ ~ - -
Gail A. Kundinge.r, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FOR1'1
Business Namte:
r cfua 1by ; L ;__ C
°t,1Jo
AKA. Business N2me (if applicable):
r /It ov vIv
,J/t; .J
Operator/Manager's Name: /lla la C /2 / F. Mllams) Jr.
Business Add:rress: q7J' . /;/) e_
Reason for Review:
New License D Transfer of ~wnership ~ Dance Permit D.
Drop/Add Name on License •· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline fo:r receipt of all information: -~l.__/-_,c_J_,_;_---=:;0--=:..;;).__---=----
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• D
Owing Amount:
Zoning Approved!· D Denied D Pending ZBA •
Clerk's Approved D Owing • Amou..nt:
Fire/Inspection Compliance [XI Remaining Defects
Services
Gail A. Kundinger, City Clerk
Liquor License Coordinator
Afflrmativ,e Action
(231)724-6703
FAX: (231)722-1214
Assessor/Equalization
(231)724-6708
FAX: (231)726-S181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231 )724-6705 January 8, 2003
FAX: (231)724-4178
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501 Mr. Malachi F. Williams, Jr.
Computer Info. 628 Ada A venue
Systems Muskegon,MI 49442
(231)724-6744
FAX: (231)722-4301
Engineering Dept.
Dear Mr. Williams:
(231)724-6707
FAX: (231)727-6904
This letter is to inform you that your request to transfer ownership of the 2002
Finance Dept, Class C-SDM licensed business with dance-entertainment permit from Pine Street
(231)724-6713
FAX: (231)724-,6768 Tavern will be presented to the City Commission on January 14, 2003. This
Fire Department
meeting begins at 5:30 p.m. and is located in the Commission Chambers, 933
(231)724-6792 Terrace, Muskegon, Ml.
FAX: (231)724-6985
Income Tax The transfer is being recommended for denial by the Treasurer due to money
(231 )724-6770
FAX: (231)724-6768 owed the City.
Inspection Services
(231 )724-6715 This request has also been sent to the Angell Neighborhood Association for their
FAX: (231)728-4371
comments. It is Sommission practice to let the Neighborhood Association know
Leisure Services of any liquor license requests that are located within their boundaries. This allows
(231)724-6704
FAX: (231)724-1196
for comments from the people who live there and not just from the owners of the
business' who are located there.
Mayor's Office
(231)724-6701
FAX: (231)722-1214 If you have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
(231)724-6702
FAX: (231)724-6790
Sincerely,
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept. Linda Potter
(231)724-4100
FAX: (231)722-4188
Deputy Clerk
Treasurer's Office
(231 )724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative, Action
(231 )724-6703
FAX: (231)722-1214
Assessor/Equalization
(231)724-6708
FAX: (231)726-S181
Cemetery Department
(231)724-6783
FAX: (231)726-S617
City Manager
(231 )724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724440S
Clerk
(231)724-670S
January 8, 2003
FAX: (231)724-4178
Community and
Neigh, Services
(231)724-6717
FAX: (231)726-2S01 Ms. Norma DeYoung, President
Computer Info.
Angell Neighborhood Association
Systems 511 E. Isabella
(231)724-6744
FAX: (231)722-4301 Muskegon, MI 49442
Engineering Dept.
(231)724-6707 Dear Ms. DeYoung:
FAX: (231)727-6904
Finance Dept. We have received a request from the Liquor Control Commission reference
(231)724-6713
FAX: (231)724-6768
Opportunity, L.L.C., 978 Pine Street, desire to transfer ownership of the 2002
Class C-SDM License. A SDM license permits the sale of beer and wine for
Fire Department
(231)724-6792 consumption off the premises only; and a Class C license permits the sale of beer,
FAX: (231)724-6985 wine, or liquor for consumption on the licensed premises. On Tuesday, January
Income Tax 14, 2003, the City Commission will review this request and determine whether or
(231)724-6770
FAX: (231)724-6768
not it should be recommended for approval.
Inspection Services
{231)724-6715
You are being sent this notice because the City Commission would like to know
FAX: (231)728-4371 how the Neighborhood Association feels and would appreciate any comments that
Lelsure Services they may have. You may send these comments to 933 Terrace, Muskegon, MI
(231)724-6704 49440 or attend the City Commission Meeting on January 14, 2003, at 5:30 p.m.
FAX: (231)724-1196
in the Commission Chambers.
Mayor's Office
{231)724-6701
FAX: (231)722-1214 If you have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
(231)724-6702 Sincerely,
FAX: (231)724-6790
Police Deptartment
(231)724-6750
FAX: (231)722-S140
Public Works Dept.
Linda Potter
(231)724-4100 Deputy Clerk
FAX: (231)722-4188
Treasurer's Office
(231 )724-6720
FAX: (231)724-6768
Water Billing Dept.
{231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-S290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
,vww.shorelinecity.com
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Assessor/Equalization
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: {231)726-5617
City Manager
(231)724-6724 West Michigan's Shorelb1e City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231 )724-6705
FAX: (231)724-4178
January 22, 2003
Community and
Neigh, Services
(231)724-6717
FAX: (231)726-2501
Computer Info, Liquor Control Commission
Systems
(231)724-6744 7150 Harris
FAX: (231)722-4301
PO Box 30005
Engineering Dept. Lansing, MI 48909-7505
(231)724-6707
FAX: (231)727-6904
REF: #195645
Finance Dept.
{231)724-6713 978 Pine
FAX: (231)724-6768 Muskegon, MI 49442
Fire Department
(231 )724-6792
FAX: (231)724-6985
To Whom It May Concern:
lncomeT&1
(231)724-6770
Enclosed is the resolution, police inspection report (LC-1800), the local law
FAX: (231)724-6768 enforcement agency report, print card and check for the liquor license change
Inspection Services request mentioned above.
(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 Deplartment
(231)724-6750 Enc.
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(23))724-6720
FAX: (231)724-6768
Water BIiiing Dept.
(23 l )724-6718
FAX: (231)724-6768
Water Filtration
(231 )724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
MALACHI F. WILLIAMS JR. 6/96
628 ADA AVENUE
MUSKEGON, Ml 49442
'l'ay wtlie
Orderof'-"c:::_---=--/-c~t-+----ff.---"'-""'
- '.'.'.(__,(_,, { ) -✓ _J-f / _,,,
REGAl®WORG
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage P1vv1J1..>d)
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lJ""
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rn Postage 1-'-$--------l /-J.2~0)
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Certified Fee ,_ ______, i
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Postmark'
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Return Receipt Fee
(Endorsement Required) 1 - - - - - - - - - - - i qJ3 p 1
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Restricted Delivery Fee
(Endorsement Required) 1---------j ,)- v·
Cl Total Pootago & Feos $ , y5 )-uJ e_)_tlf'
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1, 2, and 3. Also complete • "'• • • t I : f • • I f; •
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
C. Signature ,. - r < ICH]GAN
so that we can return the card to you.
• Attach this card to the back of the mailpiece, , SERVH~ s Al1£NT FOR SWE ~Agent -
X -~,All & DEUV , , , 0 Addressee
or on the front if space permits.
0. Is delivery address rW~f1"!1~ i~eo D Yes
1. Article Addressed to:
•
l,e VO/' L-1
/I
/n/171 ..!., .s 1 ,(.J,.,..,
ff YES, enter delivJry a~dress below;
pOST OFFICE
sOX30026
AN 48909
No
71,<o /7.c?jJ /',.,,
. . -> . ~..ANSING, MICHIG
3. Service Type
.Psf Certified Mail • Express Mall
D Registered D Return Receipt for Merchandise
D Insured Mail • c.o.o.
4. Restricted Delivery? (Extra Fee) • Yes
2. Article Number (Copy from service label)
7000 a.,:-ao 0013 '1797
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789
+ +
950 Taylor Avenue
Grand Haven, Michigan 49417
Phone: 616.842.2425 Reenders, Inc.
Fax: 616.842.1618
e-mail: thiggins@reendersinc.com
M e mo 2003 - 02 e)
To: Gail Kundinger, Clerk, City of Muskegon
From: Thomas C. Higgins
CC: Bryon Mazade, City Manager
Brenda Moore, Planning Department
Mohammad AI-Shatel, City Engineer
File
Date: January 9, 2003
Re: Sidewalk Vacation
After receiving a survey of the property on which the Park Terrace apartments are
being built, we discovered that there is a dedicated sidewalk running through the
middle of the property. This sidewalk dedication needs to be removed to permit clear
title. We have inquired with the planning department who referred the question to the
City Attorney to determine the proper method of vacating this sidewalk. It is the
Attorney's opinion that this request must go directly before the City Commission. We
ask that this matter be placed on the City Commission Agenda at the earliest
possible date. I have attached a legal description of the dedicated sidewalk for your
records. Please let me know when you schedule the hearing so that I might attend to
answer any questions.
.,.,. ..
.,,-:%,..<l:
~
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uo01i,1,,s"
¢1<-F-,.c;E.
_/ 'f,,~.,,O<
?,o'
'a;:" Lot 1
DECRIPn0N OF WALKWAYS TO BE VACA TED:
All of the Plotted 10 foot Walks in the
\\fie
off!. - __. <l'o"<>'\ y"' Plat of Ruddiman Terrace, part of Section
floor1
Lot 2 36, TI0N, RI 7W. City of Muskegon,
•''
r:'/,
f'\Ot Muskegon County, Michigan, as recorded in
Uber 12 of Plats on Pages 33 and 34.
~
~
e
,..,.,.,.1
,a,
~~
~ I ~
/ ~ff!~..-~
c•~
·~
~.-
~O' wide Plotted Wolk
Lot 8
--
(to be Vacated) _ _ _ _ _ _ _ _ _ _ _ _ _ I
.....
-;..l Lot 3 ,,~ -- --
'-;.,a,-----------------
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~o
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ill~;\ t~
• "l
Lot 7 / ,..1;.,..t,.,,0
,.,,,,... \ , . Lot 9
:9 ~
:i,. I l.. Scale 1" = 200'
~ ,1/'
.,/,,,.
.,,,..,
_,,,..,,,,.
"
10' wid!! Plotted Wolk
i~ f.!l
-,....-----
(to bl! Vacate!!]_ _ _ _ _ _ _ _ _ _ _
~ ,:i
------ --------- ~!
/
/ / ~
/ /
/
II; ,;
/ / .,,,,..,,,,. ) i;
// / ,/
/
/
/
/
Lot 6
/
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., (Gl•~...-vO
~ ;."'!;,-
.,,,
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,
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wide Platted Wolk
(to be Vacated)
Lot 10
I I I
// // ~ HacJcler Aft.Due
,I
,I
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/ "~
,I C-tr of 5.-:tlon 36
,I nON, Rl7W (Monw,,.,t) "
~
~
Nederveld Associates Surveying, Inc.
Engineering - Surveying
"l1i
5570 32nd Avenue / P.O. Box 10 fl
Hudsonville, Michigan 49426
File No. 02200812E2D Dote: l-06-03 by SA I
CITY OF MUSKEGON
RESOLUTION #2003-02(e)
RESOLUTION TO VACATE A PORTION OF A DEDICATED SIDEWALK
WHEREAS, a request has been received to vacate a dedicated sidewalk in the City of Muskegon;
and,
WHEREAS, the City Commission held a public meeting on January 14, 2003, to consider the
request, and, subsequently, recommended the vacation; and,
WHEREAS, due notice had been given of said meeting on January 14, 2003, to consider the
request.
NOW, THEREFORE, BE IT RESOLVED, that the City Commission deems it advisable to
vacate the dedicated sidewalk described as:
All of the Platted 10 foot walks in the Plat ofRuddiman Terrace, part of
Section 36, TJ0N, Rl 7W, City of Muskegon, Muskegon County, Michigan,
as recorded in Lib er 12 of Plats on Pages 33 and 34.
BE IT FURTHER RESOLVED, that the City Commission does hereby declare the dedicated
sidewalk vacated and discontinued, provided, however, that this action on the part of the City
Commission shall not operate so as to conflict with fire access or the utility rights heretofore
acquired by the City or by any public service utility in the City of Muskegon, operating in, over,
and upon said portion of the dedicated sidewalk hereby vacated, and it is hereby expressly
declared that such rights shall remain in full force and effect.
Adopted this 14°1 day of January, 2003.
Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
Absent: None
By
and v---c
Gail A. Kundinger, MMC, erk
CERTIFICATION
I hereby 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 January 14, 2003.
)
Gail A. Kundinger, MMC
Clerk, City of Muskegon
PREPARED BY AND RETURN TO:
City of Muskegon
933 Te1Tace
Muskegon, MI 49440
January 14, 2003 2003 - ~ d)
Date:
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
TDDK, Inc.
450-452 W. Western
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from TDDK, Inc. to transfer
ownership of the 2002 Class C licensed business with dance-
entertainment permit from Key Food & Equipment Company. They are
also requesting a new SOM license to be held in conjunction. This
request also includes an official permit for food, entertainment, two
additional bars and outdoor service area.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Kv}-1::. /fl-ft•l-
11/z ~·-/ •
Req ID# 196413 >/ "L
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION 2003 - 02 d)
At a _ _ _ _~R=eg,_u~l=ar_ _ _ _ _ _ _ meeting of the City Cannission
(Regular or Special) (Township Board, City or Village Council)
called to order by _~M~a=y=
or~Wa=rm~in-C,;g'-'-to=n~--- on January 14, 2003 at _ _5_:3_0__ P.M.
The following resolution was offered:
Moved by - ~C=arrn~i~ss~i=on=e~r~L=a~r=so=•~--- and supported by Cannissioner Schweifler
That the request from TDDK, INC. TO TRANSFER OWNERSHIP OF 2002 CLASS C LICENSED BUSINESS
WITH DANCE PERMIT, LOCATED AT 450-452 W . WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY,
FROM KEY FOOD & EQUIPMENT COMPANY. 1-},'l,'D Ntt.-0 E"A...r rt/l TY\- ltV 1<-1ZA-' T /J£,Rm Ji
be considered for
(Approval or Disapprnval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recamended for issuance
(Recommended or not Recommended)
State of Michigan - - - - -)
§
• -·____)
County of -11.J.s=k--.eg,=o~
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _ _ _c,_·t-y_C_a_rm_i_ss_i_o_n_ __ _ _ _ at a _ _R_eg::....u_l_ar_ _ _ _ _ _ __ __ _
(Township Board , Ciry or Village Council) (Regular or Special)
meeting held on January 14, 2003
(Date)
SEAL
(~~rreK~nd~~i~t,;i,,"""'• "'"
933 Terrace, M.Jskegon, MI 49440
( Maili ng address of Township, City of Village)
l(42/91hJ
I 9ftY/ 3
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES 11/25/oz-
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: 196413
Date: November 12, 2002
To: MUSKEGON CITY COMMISSION
933 TERACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: TDDK, INC.
Home Address And Phone No:
DAVID J. HARRIS, 1790 SUN DOLPHIN DRIVE, MUSKEGON, Ml 49444 H(231)798-1948/8(231)733-2725
DANIEL H. HARRIS, 1790 SUN DOPHIN DRIVE, MUSKEGON, Ml 49444 8(231)733-2725
KENNETH J. HARRIS, 1790 SUN DOLPHIN DRIVE, MUSKEGON, Ml 49444 H(231)798-0050/8(231)733-2725
THOMAS A. HARRIS, 1790 SUN DOLPHIN DRIVE, MUSKEGON, Ml 49444 8(231)733-2725
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 REV9/17
4880-1234
/Jf,:,t/13
MICHIGAN Db ARTMENT OF CONSUMER & INDlJ,, fRY SERVICES /t/z'5'/&l
Liquor Control Commission
11/lfZ./77,;,#-
7150 Hanis Drive
P.O. Box 30005
Lansing, Michigan 48909
LOCAL GOVERNMENT 15 DAY NOTICE
TO: MUSKEGON CITY COMMISSION DATE: November 12, 2002
933 TERACE STREET REQ ID#: 196413
PO BOX 536
MUSKEGON, MI 49443-0536
The Liquor Control Commission has received an application for:
A NEW SOM LICENSE TO BE HELD IN CONJUNCTION WITH 2002 CLASS C LICENSED BUSINESS,
LOCATED AT 450-452 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY,
TRANSFERRING OWNERSHIP TO TDDK, INC. FROM KEY FOOD & EQUIPMENT COMPANY.
Home Address and Phone No:
DAVID J. HARRIS, 1790 SUN DOLPHIN DRIVE, MUSKEGON, Ml 49444
H(231 )798-1948/B(231 )733-2725
DANIEL H. HARRIS, 1790 SUN DOPHIN DRIVE, MUSKEGON, Ml 49444 8(231)733-2725
KENNETH J. HARRIS, 1790 SUN DOLPHIN DRIVE, MUSKEGON, Ml 49444
H(231 )798-0050/B(231 )733-2725
THOMAS A. HARRIS, 1790 SUN DOLPHIN DRIVE, MUSKEGON, Ml 49444 8(231)733-2725
Specially Designated Merchant (SDM) licenses permit the sale ofbeer 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 fom1s 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 ofreceipt 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 the notification.
Please return your response to:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909
sfs
Muskegon Police Department
rl~..1.'J::.~
e~ol Pot«e
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(23 1) 724-6750 (23 1) 722-5 140 /<U
www.muskegonpolice.com
January 3, 2003
To: The City Commission through the City Manager
From: A L . I~
Anth~ L. K.leibecker, Chief of Police
Re: Liquor License Transfer at 450-452 W Western
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant TDDK., Inc. regarding 450-452
W. Western, Muskegon, MI 49440. TDDK, Inc. is comprised of four applicants: David
Harris, Daniel Harris, Kenneth Harris, and Thomas Harris. They are requesting to
transfer ownership of 2002 Class C licensed business with Dance/Entertainment permit
from Key Food & Equipment Company and request a new SDM license to be held in
conjunction. This request also includes the following: O.P. Food, 2 additional bars and
Outdoor Service Area.
The applicants representing TDDK. Inc. are current business owners but have had no
experience in owning an alcohol service establishment. They have been made aware of
the Muskegon Police Departments position on enforcing local alcohol laws and
ordinances.
A check of our records and Criminal History showed no reason to deny this request.
TK/cmw
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 12-3-02
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 TDDK, Inc. of 450-452 W.
Western, Muskegon, MI. 49440. TDDK, Inc. is comprised of four applicants: David
Harris, Daniel Harris, Kenneth Harris, and Thomas Harris.
TDDK, Inc. is requesting to transfer ownership of 2002 Class C licensed business with
Dance/Entertainment permit from Key Food & Equipment Company and request a new
SDM license to be held in conjunction. This request also includes the following: O.P.
Food, 2 additional bars and Outdoor Service Area. The applicants representing TDDK
Inc. are current business owners but have had no experience in owning an alcohol service
establishment. They have been made aware of the Muskegon Police Departments
position on enforcing local alcohol laws and ordinances.
A check ofMPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/common/Harris
. ~IQUOR LICENSE REVIEW FORJ.'1
Business Name: _ T !J /) Jf - J o c ' ---
__.___.r.,....,___-'---'-'--t, - -...................""--=' - - - -- -_,__
. .
AK..i\J~usiness Name (if applicable): fre.1/10,1 .sV/-1 /:'<:.'.$
V
&oJ J-- ?qu1>/JJf/lf- -C~.
- \/ T
Operato.rManage~'s ~ame: f Cf 11 / J1 O~n/e ~ /fe1,:11elA +· T /2o;nc1.s . J/41·,~1 :;;'
Business Add:ress: /41 IJ/4 s te co
Reason for Review:
New License l2s1 Tra11Usfer of Ownership ,
0 ·,
Dance Permit ·D
Drop/Add Name on License D· Transfer Location O
Drop/Add Stockhoider Name D New Entert~inment Permit D
..
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,--_ _ _ __
Deadline for receipt of all information: _ _ _ __ _ _ _ __
Police Department Approved ~n.ied D No·Action Needed D
Income Tax Approved • Owing_O Amount:
Treasurer Approved
• Owing 0 Amount:
Zoning Approved • Denied D · Pending .ZBA 0
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining .Defects
Services
Department Signature /-JrS L , I~
GaH A. Kundinger, City Clerk
Liquor License Coordinator
;L, It TL
Michigan Department of Consumer & Industry ::iervices 1!-J-- U
LIQUOR CONTROL COMMISSION
7150 Harris Drive I 1- "Q_s-_ 0 2--
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4 )]
To: MUSKEGON POLICE DEPARTMENT Date: November 12, 2002
CHIEF OF POLICE REF#: 196413
980 JEFFERSON STREET
PO BOX536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
TDDK, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2002 CLASS C LICENSED BUSINESS
WITH DANCE PERMIT, LOCATED AT 450-452 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON
COUNTY, FROM KEY FOOD & EQUIPMENT COMPANY; AND REQUESTS A NEW SOM LICENSE TO
BE HELD IN CONJUNCTION. O, p t'::'.'oot;, /£<U 1-tf?.'.TI\ ltv Mli ,v, 1 ;I. P..t;;>D n·, D1...IA '-BA/GS.
1
ttv\U OU, oc&- S,,R,v,G:f. (-\/21:1""
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
Michigan o~ -- 1rtment of Consumer & Industry Services
MICHi( LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON L . OR LICENSE REQUEST 7150 Harris Drive pY-15,L
Req 1D # 196413 (Authorized by MCL 436.1217) P.O. Box 30005 /<../.J-t!..,
Lansing, Michigan 48909-7505 / /-2.."''-c1<._
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)
TDDK, INC., 450-452 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2002 CLASS C LICENSED BUSINESS WITH DANCE
PERMIT FROM KEY FOOD & EQUIPMENT COMPANY; AND REQUEST A NEW SOM LICENSE TO
BE HELD IN CONJUNCTION. C5"P-,P_oon ) ..§:~,sv, ~ -v - _J. .
:':) ,-y/>--if- 4J,11.r' ],./.e,.....- vvf0 s- 0 u-r t?'--6L-L.... , f ; . ~ CQ.. J-<...;e.(/~.J-
I Section 1. APPLICANT INFORMATION
APPLICANT #1: APPLICANT #2:
DAVID J. HARRIS - STOCKHOLDER DANIEL H. HARRIS - STOCKHOLDER
HOMEADDRESSANDAREACOD8PHONENUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1790 SUN DOLPHIN DRIVE 1790 SUN DOPHIN DRIVE
MUSKEGON, Ml 49444 MUSKEGON, Ml 49444
H{231 )798-1948/8(231 )733-2725 8(231 )733-2725
DATE OF BIRTH: 3 - z7 - 5{; DATE OF BIRTH: Z - 2:2.- £,!f
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
(?oes 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:
Dare finqerprinted: / )- 2, 7-~z.... Date finqerprinted: / /- 2 7 - O 2....
Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I
ARREST RECORD: •Felony •Misdemeanor ARREST RECORD: •
Felony •
Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
D No ~Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ,R(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? J&:y-es 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? YesJi, D No
2. Is the proposed location satisfactory for this business? J!l'. Yes D No
3. Should the Commission grant this request? ;d 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)
~ L .I~ · / -~ - 0-..3
Signre f&l"leFi#-er Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
Michigan Dr · -:irtment of Consumer & Industry Services
POLICE INSPECTION REPORT ON d , OR LICENSE REQUEST MICHi{ LIQUOR CONTROL COMMJ~S~ON-.
7150 Harris Drive ~ V--,
Req ID# 196413 (Authorized by MCL 436.1217) P.O. Box 30005 --rl--t" (.:/
Lansing, Michigan 48909-7505 \ \ ..... ;}--£ ~ "2
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)
TOOK, INC., 450-452 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2002 CLASS C LICENSED BUSINESS WITH DANCE
PERMIT FROM KEY FOOD & EQUIPMENT COMPANY; AND REQUE.S T A NEtW SOM LICE.N$E TO
BE HELD IN CONJUNCTION. N~ 6~ 'Y'"6b~ t7-~v:-'~"h -'Z?~VV\. ,_u ~ ')4~) ~ ti 1-<:>
I'-) 0-.N
•~ r·
c,_,~lj\,P1.)v ~vfl.._Q/~~(,,•fVvl' ~
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
KENNETH J. HARRIS - STOCKHOLDER THOMAS A. HARRIS - STOCKHOLDER
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1790 SUN DOLPHIN DRIVE 1790 SUN DOLPHIN DRIVE
MUSKEGON, Ml 49444 MUSKEGON, Ml 49444
H(231 )798-0050/6(231 )733-2725 B(231 )733-2725
DATE OF BIRTH: ·J - ll-61J DATE OF BIRTH: 2 -~ - 55
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 D Yes D No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Da te fingerprinted: /I ~2.. 7 - tn... Date finaerorinted: I / - z 7- 02,.
Attach the fingerprint card and $30.00 for each card and mail to the Michiaan Liciuor 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?
• No )Zi_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? ~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? ,Kl Yes D No
2. Is the proposed location satisfactory for this business? ~ Yes No •
3. Should the Commission grant this request? 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)
L . l~ I - G -o..3
(Sheriff or Chief of Police) Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
TQ:616 722 5140 PAGE: 0 1
16164472644
HOl)-27 -02 12: 39 FROM:
2 31 739 45 0 7 PAGE 0?./62
li/ L b/ ~ ~~z 15:03
Nav 26 02 10:05:a Heal~- HLCC-En,orc~~en~ 1616)45?-3090 p. I
I 'tvi'I 13
MICHIGAN OEJJUlTfAENT OF CDUMI.DCE
LIQUOR CONTROL COMMISSION
7Hi0 Harrie Or.
P .O. Bo• JOOO:S
Lan11lng, Michiga n 48901
APPLICATION FOR OFFICIAL PERMIT ,oR DIFFERENCE IN HOURS OF OPERATION
~Ofltml by MAC Ault -,6.le37)
Z:D DK ;.·
'
lhe Commiaeion Is requested to grant an after hours permH tor: tchtck ~om ,u, •P1~v1
r8 Oi,er1tinQ our ...st•uran\ ,.,., the ul• o'I food
0 Operating night le1191.1a bowling, to11rtu1111ents or Sundmy 1110,ning bowling
D Aegilterlng golfe1'9
• Rl•glnltUII\I 6kll'9
0 A09latc1rlng Tannlt Playi,ni
0 O,t,e,: (Not hteo nowt)
During ~ Hourn -of:
Weekdayw _..:::..._ A.M. to _ ___ A.M.
6ur1day~ ~ 7./00 A.NI. to U ~Al,,._
It Is vnd1H&tood that ~111tomers 1hell not be on tll& licensed preml9H for • ny ectivli-, °'her than 1h11
requ1111toct activity.
LOCAL '/..AW ENFORCEMENT RECOMMENDATION
To: uww Ento,temeflt Aooncy:
Thia Appllc;otlon it for oftlr.tsf p11rmllH ~llowlng th• attar ho1.1ra operatlo1111 inOlcetod 11bove. Will you
pfe,se enter your recammendatlona below and return on• signed coJ)y lo tho Comml&11ian.
~11co111111e11ded: Common~a;-- - -~ - - - - - - -- - - - -- - - - - -- -
0 A1cornrnended e•oepl for _ __ _ __ _ _ _ _ _ permit
0 Not Recommended
Signed: [ln<IUde •~I• ""d cfolo)
¼ L~ l~
.,_--=---.....-"'""'- =-•·-,- ~-- - ------ - -
STATE OF MICIDGAN
0 ARTMENT OF CONSUMER & INDUSTRY SERVI[
LIQUOR CONTROL COMMISSION REO ID: 196413
7150 Harris Drive
P.O . Box 30005 1<
~'<,
Lansing, MI 48909-7505 11+ /-/-
LOCAL LAW ENFORCEMENT AGENCY REPORT I/ ~ ~Y-~d-'j________
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
TOOK, INC.
APPLICANT/LICENSEE PHONE NUMBER
450-452 W. Western Ave• Muskegon Muskegon 49440
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
ERMIT(S REQUESTED: DANCE@ ENTERTAINMENT ~ PLESS ACTIVITY 0
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 •
Music/bands
3. Will this entertainment include topless activity? YES D NO ¼_ NIA D
LAW ENFORCEMENT RECOl\iIMENDATIONi
DANCE PERMIT YES 4 NO • NIA •
ENTERTAINMENT PERMIT YES ,li NO • NIA •
TOPLESS ACTIVITY PERMIT YES • NO • NIA ffet.
REMARKS•,
12-3-02 A L _ l ~
DATE SUBMITTED OFFICER'S €NATURE
Muskegon Police (231 ) 724-6750
DEPARTMENT NAME PHONE NUMBER
980 Jefferson St . Muskegon
ADDRESS CITY
LC-693N REV 5/98
4880-0652
- LIQUOR LICENSE REVIEW-FORJ."1
~- ·_ __J-=-n.........,c__
Business Name: _........:.....T-4-</)~!~?__.1'-"-'1-+- ..·- - - - ' - - - - - -
AKA l~usi:ness Name (if applicable):
Business Add:n-ess: /41 Ms tero
Reason for Review:
New License ~ Transfer of Ownership
. JZI \
D
Dance Permit ·
Drop/Add Name o_n Licens~ 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 ~ Owing . • Amount:
Treasurer Approved
• Owing 0 Amount:.
Zoning Approved • Denied D Pending -ZBA 0
Clerk's App.roved
• Owing • Amount:
Fire/Illspection Compliance D Remaining :Defects
Services
Department Signature_
~_-_-- -- -~- --- - ____________
Gail A. Kundinger, City Clerk
_Liquor License Coordinator
. LIQUOR LICENSE REVIEW FOR1'1
Business Name: _ __._
T___,_,[)._ !J_-..Jt'. . .-1-, --=1=
· .... · . . . . o. . . . . .c.=·_ _ _ _ _ _ __
AKA]~usiness Name (if applicable): fce 1/w 11.si v '
.V
/;e_,'-i. food J-
v
,Er1u/j/l}t'// f-
.u·
·G ,
Operator/Manager's ~ame: /)C,{//i·J1 l)cw/e ~ Jrei1_,1efA f- T/2c1inc,.s . 1/40,.,~~
Business Address:
Reason fo:r Review:
New License l2sJ · Transfer of Ownership ~ Dance Permit · 0
..
Drop/Add Name on License
', • ·
, I
D
Transfer Location
Drop/Add Stockholder Name D New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of-a:U information: - - - - - - - - - , - - -
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing _O Amount: - - --
Treasurer Approved gowmg • Amount: - - - -
Zoning Approved D Denied D ·Pending .ZBA D
Clerk's Approved D Owing • Amount: _ _ __
Fire/b1spectio.n Compliance D Remaining.Defects _ _ _ __
Services
. Department Signature..........~
+--':"""'::'J',l,'-'"{_ Z
_._ _,
11.(,__2_·7,
..,..1/t>
_ -z..-
_ _ _ _ _ _ _ __
r 7
Gail A. Kundinger, City Clerk
Liquor License Coordinator
. LIQUOR LICENSE REVIEW FORl.'1 _ NOV :) ti -2002 -
,. . I •
·r
Business Name: ----L------1/.L:,..£.....i.L..-.1.'....1-+-, 10 CIf
!1·/) _ _..d;;;:;;;.~..::....:.._-------~- 1'1 'li1vl N .
AK.4..]~u,siness Name (if applicable): &,0011.s/11
?;T ·
-5e,.;1 /~oJ J- £ffufJ/7)f/lT
v -0
C~.
OpeiratoB_"/Manager's l'!ame: /)C1v 1 d1 l)4n/e0 Jre.11_✓ 1elA rf- T/2u;11c;-.5 - 1/41 /~ 1 ~-
·-
Business AddJress: Ys'O - f3_,,;2 /41 /44. s re c:a
Reason for.Review:
New License ~ Transfer of Ownership
.
0 .. Dance Permit ·0
Drop/Add Name on License D· 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 Q 0 Amount: - - - -
Owing
Zoning . Approved ritnen~ed D ·Pending -Z BA D
QALJ vJ-'L-, --5u..-uz__. · '-.__,u2-. 1.-0 a..e-\- -+~~ - o--vi· ~
Clerk's D
Approved Owing O Amount: ----
Fire/Inspection Compliance O Remaining Defects _ _ _ __
Services
. Department Signature__
~ · _J_:: :~
-·__' :. C
-1-12
~=4)"."'"',-..;.o:=9..........,_=..,,..._/_---"--_ __
1
Gail A. Kundinger, City .Clerk
Liquor License Coordinator
. LIQUOR LICENSE REVIEW FORJ.'1
T () IJ /f ·. c.. To
Business Name: ----'---'~"--'~;--=...,__,_--'==----------
AK.l\.]~usin_ess "Name (if applicable): &e.1do11~lv.
V I ./(e,,,51
~
food d- £~v~/'l)(','7 T
.u
·C-
01 ,
Operator/Manager's ~ame: /)4///JJ /Jan:e ~· lre1,_,1eih d- T /2oi??CI.J. )/4,,,,~~
Business Add:ress:
/2
fJ/ {) - d(), ✓~ !aL M s te co
Reason fo:r Review:
New License ~ Transfer
.
of Ownership
,
0 \
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: - - - ~ - - - - -
Polfoe Department Approved O Denied D No Action Needed D
Income Tax Approved D Owing .D Amount: - - - -
Treasurer Approved O Owing1.O. Amount: _ _ __
Zoning Approved D Denied D ·Pending -ZBA D
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Compliance D Remaining Defects _ _ _ __
Services /4.,__ $.,)J /u..::h' l , J ,5/. I I ).__
6cft~/.,_, ,r#- -t';,.,,,1~ e:,/ ~,,,.v,,.,..... sf;)P ·
Department Signature ~ ' /Jj!::,r~ ·.
Gail A. Kundinger, City .Clerk
.Liquor License Coordinator
', .
. LIQUOR LICENSE REVIEW FORL"1
Business Name: ---'-T~/J:.. . -.!'""--?__.J~t...;..,_ ___..h=.....,1~2..:....:,
-c. .....__ _ _ _ _--,--__
AK..i\.l~usiness Name (if applicable): rce1/ic1t1.si;T
/v.
,1 r
· . ·ti e,..½. l oo
,. . J < . +
J- c.~u,//7Jt'/7 .1
c
d.
. v .
· -0
Operator/Manage~'s ~ame: /J:?v,·J1 IJ4n;e~ lre11_,1e-fli +- T/2o;nc,; ·.J/ql'",~,~-
Business Address: It,/ M.ster12
Reason for Review:
New License l2sl Transfer of Ownership
,
0 I
0
Dance Permif
· 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 Departmemt Approved D Denied D No Action Needed 0
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing 0 Amount:
Zoning Approved • Denied·D ·Pending -ZBA D
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Com~liance ~
Services
Department Signatnr# M ~' ·,··.
Gail A. Kundinger, City Clerk
Liquor License Coordinator
Affirmative Action
(231 )724-6703
FAX: (231)722-1214
Asseuor/Equallzatlon
(231 )724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
West Michigan's ShoreUnc City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)7244405
Clerk
(231 )724-6705 January 8, 2003
FAX: (231)724-4178
Community and
Neigh. Service!
(231)724-6717
FAX: (231)726-2501 Mr. Thomas Harris
Computer Info. Mr. David Harris
Systems
(231)724-6744
Mr. Daniel Harris
FAX: (231)722-4301 Mr. Kenneth Harris
Engineering Dept.
1790 SunDolphin Drive
(23 J)724-6707 Muskegon, MI 49444
FAX: (231)727-6904
Finance Dept, Dear Sirs:
(231)724-6713
FAX: (231)724-6768
Fire Department
This letter is to inform you that your request to transfer ownership of the 2002
(231)724-6792 Class C licensed business with dance permit and a new SDM license for 450-452
FAX: (231)724-6985
W. Western Street Tavern will be presented to the City Commission on January
Income Tar 14, 2003. This meeting begins at 5:30 p.m. and is located in the Commission
(231)724-6770
FAX: (231)724-6768 Chambers, 933 Terrace, Muskegon, MI.
Inspection Services
(231)724-6715 This request has also been sent to the Nelson Neighborhood Association for their
FAX: (231)728-4371 comments. It is Commission practice to let the Neighborhood Association know
Leisure Services of any liquor license requests that are located within their boundaries. This allows
(231)724-6704
FAX: (231)724-1196
for comments from the people who live there and not just from the owners of the
business' who are located there.
Mayor'1 Office
(231)724-670 I
FAX: (231)722-1214 If you have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
(231)724-6702
FAX: (231)724-6790
Sincerely,
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Work! Dept. Linda Potter
(231)724-4100
FAX: (231)722-4188
Deputy Clerk
Treasurer's Offlce
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Asseuor/Equallzatlon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-JlI4
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231 }724-6705 January 8, 2003
FAX: (231)724-4178
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501 Ms. Mary Jo McCann, President
Computer Info.
Nelson Neighborhood Association
Systems 461 W. Webster
(231)724-6744
FAX: (231)722-4301 Muskegon, MI 49440
Engineering Dept.
(231 )724-6707 Dear Ms. McCann:
FAX: (231)727-6904
Finance Dept, We have received a request from the Liquor Control Commission reference
(231)724-6713
FAX: (231)724-6768
TDDK, Inc., 450-452 W. Western, desire to transfer ownership of the 2002 Class
C license and for a new SDM license. A SDM license permits the sale of beer
Fire Department
(231)724-6792 and wine for consumption off the premises only; and a Class C license permits the
FAX: (231)724-6985 sale of beer, wine, or liquor for consumption on the licensed premises. On
Income Tax Tuesday, January 14, 2003, the City Commission will review this request and
(231)724-6770
FAX: (231)724-6768
determine whether or not it should be recommended for approval.
Inspection Services
(231)724-6715
You are being sent this notice because the City Commission would like to know
FAX: {231)728-4371 how the Neighborhood Association feels and would appreciate any comments that
Leisure Services they may have. You may send these comments to 933 Terrace, Muskegon, MI
(231)724-6704 49440 or attend the City Commission Meeting on January 14, 2003, at 5:30 p.m.
FAX: (231)724-1196
in the Commission Chambers.
Mayor's Office
(231)724-6701
FAX: (231)722-1214 If you have any questions, please feel free to contact me at 724-6705.
Planning/Zoning
(231 )724-6702 Sincerely,
FAX: (231)724-6790
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept. Linda Potter
(231)724-4100 Deputy Clerk
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Flltrallon
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION REQ ID# 196413
2003-02(d)
Ata Regular meetingofthe City Commission
---=(R~,,-,Ja~co-,,-,,-cia-1)_______ (Township Board, City or Village Council)
called to order by Mayor Warmington on January 14, 2003 ~ 5:30 P.M.
The following resolution was offered:
Moved by Commissioner Larson and supported by Commissioner Schweifler
That the request from TDDK, INC. to transfer ownership of 2002 Class C licensed business with
Dance Permit located at 450-452 W. Western, Muskegon MI 49440, Muskegon County from Key Food
& Equipment Company; request new Entertainment Permit and new Outdoor Service (1 area)
be considered for Approval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
- - - - - - - - - - - (Reconnncnded
- - -or- ------------------
not Recommended)
State of Michigan - - - - ~
§
County of Muskegon 'I
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the ___C_1_·t_y~_C~o~m~m_i~s~s_i_o~n_ _ _ _ at a _ _R=e_.,g~u~l~a~r'c,-~~-------
(Townshir Board, City or Village Council) (Regular or Special)
meetingheldon January 14, .2003.
(Date) I
SEAL (Signed)~c__:='---"---L-'·-=~:.::"c=~="--~c\L=-~
Gail Kundinger, City Clerk
933 Terrace, Muskegon, MI 49440
(Mailing address of Town.hip, City of Village)
Affirmative Action
(23))724--6703
FAX: (231)722-1214
A_sseuor/Equallzatlon
(231)724-6708
FAX: (231)726-5181
Cemetery Deparhnent
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214
Civil Service
i ti
•
(231)724-6716
{h •
~
"~
.."~.. ••
~
~:
FAX: (231)724--4405
Clerk
•rn
~0
•• u...=
~
•'o
•• •'o
U...!a:
,t• •E .-
~
0
(231)724-6705 al o.~ ~ :11
0 ~
·3£
i
~-
4
FAX: (231)724-4178
~
i• h
~o:
""
Dffi
rn .< ~
January 22, 2003 0
~! UE ~
-~c-8- "'~-"
~
ii
-"'
0
Community and >• ,l• ~ 5
"0
u
:sOU)s ~ •
Neigh. Services C •c /!-
0
8! ,:;
(23 l )724-6717
FAX: (231)726-2501 "' ""' "' 0
Computer Info.
••• l
Systems Liquor Control Commission
(231)724-6744 7150 Harris
FAX: (231)722-4301
PO Box 30005
Engineering Dept.
(231)724-6707
Lansing, MI 48909-7505
FAX: (231)727-6904
Finance Dept.
REF: #196413
(231)724-6713 450-452 W. Western
FAX: (231)724-6768
Muskegon, MI 49440
Fire Depar~ent
(231)724-6792
FAX: (231)724--6985 To Whom It May Concern:
Income Tai::
(231 )724-6770 Enclosed is the resolution, police inspection report (LC-1800), the local law
FAX: (231)724-6768
enforcement agency report, print cards and check for the liquor license change
Inspection Services request mentioned above.
(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
(231)724-6702 Linda Potter
FAX: (231)724-6790 Deputy Clerk
Pollce Deptartment
(231)724-6750
FAX: (231)722-5140
Enc.
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231 )724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Flltratlon
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
rr~~~~,.O~@p;,,\_l'>,_;,_:;:_~·.;,,_'.-·:,:ST~)>;:e\~:,:_,.·_-.7.;;,.:;_:-1;fl.'4'.}:lli@,,_;;,_-,._,..~__:;,'{§~4'.i'~i/:;~.":'_.,:-~_;:jf,W;,~~"',;;'_;,.'.,,~~¼{b1'_<·/,"f~~{-::-,,..-aaaa,;c_;;_;,ilif;:t\=<1,_: .~s,.·-~_:-,;;,«;;<,;-c,,..s,·,.-:,, • _ ;w~,•-~---- ,·""1mii,1,.,;.: _,..:,_ _,:-,i,"<Cf•7••i, ~ -- - _,---:'·'""···-·- , __._ -·· - - - -- • _(
'I 2601
2609
HARRIS GROUP, INC.
1790 SUN DOLPHIN
MUSKEGON, Ml 49444
9··32/72Q
DATE~1,,___/-1~/o~3_
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__ '_"_'"_,c.-.----·-----_-.
I,.,.< ··-··- __--_- DOLLARS ffl.:-:-··,
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~!":"• 11•00 2 b0 ci11• 1:0 7 2000 :I 2 b,:
,;\"-"'-"-'·-"!'' -----_.•;\?,'.'-.ffi':~; _... ,\'.., .. Y.,-~?. - - - - ,L..J:.: __ ,,_ ., ... _.
28 50000 2 "l
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Commission Meeting Date: January 14, 2003 2003 - 04 b)
Date: December 18, 2002
To: Honorable Mayor an_d City Commissioners
From: Planning & Economic Development c.li-
RE: Public Hearing for Resolution for Development District On-
Premise Liquor License for Thomas Harris
SUMMARY OF REQUEST:
To hold a public hearing on the request for a Development District On-Premise Liquor
License for Thomas Harris and approve the attached resolution. The request is
necessary due to a lack of available liquor licenses in the City of Muskegon. The
Liquor Control Code allows for additional liquor licenses within Downtown Development
Authority Districts under certain conditions.
FINANCIAL IMPACT:
Approval of the liquor license will allow for a new restaurant in the downtown area of
Muskegon, which will ultimately result in increased revenue for the City.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To hold a public hearing and approve the attached resolution.
COMMITTEE RECOMMENDATION:
The Downtown Development Authority approved the request at their regular meeting
on December 17, 2002,
12/18/2002
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO . ...200l._- 04 b)
A resolution concerning the issuance of a Development District On-Premise Liquor License
pursuant to Sections 521 of the Liquor Control Code of 1998.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. Thomas Harris has applied for a Development District On-Premise Liquor License for the
premises at 441 W. Western Avenue, formerly known as the Brunswick Building.
2. It is required that the Downtown Development Authority and the City Commission
approve the issuance of such license before application may be made to the Michigan
Liquor Control Commission.
3. A hearing was held on December 17, 2002, at a regular meeting of the DDA, and the said
hearing was publicly noticed in The Muskegon Chronicle, and mailed to the
neighborhood association involved, as well as the applicant. Public notice was
determined by the DDA to be sufficient.
4. A hearing was held January 14, 2003, at the regular meeting of the City Commission.
Notice was mailed and deemed satisfactory.
DDA Findings
The DDA found the following facts to be true, based upon the application and the materials
placed before the DDA in the public hearing:
1. The business shall be a full service restaurant, which prepares food on the premises, and
shall be open to the public.
2. The business will be open for food service not less than ten (10) hours per day five (5)
days per week.
3. At least 50% of the gross receipts of the business will be derived from the sale of food for
consumption on the premises. "Food" does not include beer or wine.
4. The business has dining facilities that will seat more than twenty-five (25) persons.
5. The business is located in the Downtown Development Authority's Development
District, which has a population ofless than 50,000. The District is duly established
under 1975 PA 197.
6. The DDA, after hearing, has found that the issuance of the license will prevent further
deterioration within the Development District and will promote economic growth within
the Development District.
7. It appears, based upon the showings at the hearing, that the City of Muskegon has issued
all appropriate on-premise licenses that are available under Section 531 (1) of the Liquor
Control Code of 1998. Further, the DDA is satisfied, after hearing, that an appropriate
on-premise escrowed license is not readily available in the City of Muskegon, where the
entire Development District is located. The DDA has found that such license is not
readily available, taking into account all appropriate economic feasibility factors,
including the fair market value of any such license, which is not determinable, for the
reason that no such license is available after diligent inquiry by the applicant. Fmther,
the DDA has considered the size and scope of the proposed operation and applicant's
efforts to purchase a license. No sale of any such license has been offered or available.
8. The DDA, after public hearing, held after notice on December 17, 2002, has approved the
issuance of the said Development District On-Premise license.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
The City Commission has reviewed the findings of the DDA and held its own hearing,
and concurs with the findings of the Downtown Development Authority, and approved in
concmTence with the Authority that the Class C license should be issued to Thomas
Harris at 441 W. Western Avenue, the premises formerly known as the Brunswick
Building. The City Commission recommends to the Liquor Control Commission the
issuance of the said requested license.
This resolution passed.
Ayes ---1~ - - - - - - - - -- -- - - - - - - - - - -- - -- - -- - -
Nays _ O
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _
CITY OF MUSKEGON
By L
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 14,
2003. 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
~:ilk g,~ r
City Clerk
OtC 2
Thermoformed
Products Incorporated
12/02/2002
Dear Sir or Madam:
The purpose of this letter is to inform you the Downtown Development Authority (DDA), and
subsequently the, City of Muskegon, that I would like to request a liquor license issued by the
State of Michigan. The liquor license is being requested at the location that would greatly
enhance the downtown. The location is on Western Avenue fonnally known as the Bnmswick
Building. In order for the Michigan Liquor Control Commission to implement the licensing
investigation we must obtain approval from the DDA.
I will be at the next DDA meeting to answer any questions you may have. Tfyou have any
further questions please contact me at 231-733-2725 ext. 610
Sincerely,
Tom Harris
1790
Sun Dolphin Drive• Muskegon, Ml 49444-1833 • 800-984-3766 • In Michigan: 231-733-1113 • Fax: 23 1-739-4502
NOTICE OF PUBLIC HEARINGS
CITY OF MUSKEGON
COUNTY OF MUSKEGON, MICHIGAN
CLASS "C" LIQUOR LICENSE FOR THE PROPERTY FORMERLY KNOWN AS
THE BRUNSWICK BUILDING
441 W WESTERN AVENUE
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that two public hearings are scheduled to determine
whether the City of Muskegon and its Downtwon Development Authority shall approve
the issuance of a class "C" (on premises) liquor license for a restaurant to be located at
the former Brnnswick Building at the above address in the City of Muskegon. The
hearings are scheduled:
Before the Downtown Development Authority on September 30, 2002 at 4 p.m. in
the Conference Room 103, Muskegon City Hall, 933 Terrace Street, Muskegon,
MI 49440
Before the City Commission on October 8, 2002 at 5:30 p.m. in the City
Commission Chambers, Muskegon City Hall, 933 Terrace Street, Muskegon, MI
49440
Any comments may be made at the hearing or by mail received prior to the hearing.
i . :--;:.. ' ' C D \·
f-'('~- ,\j ,_.
R L 1_1 ,~-. I
(';J \
RECEIVED
• ,.. •.., "'I
'-'-' ·I ll I .:
\
. SUl3C':: . D ~ DlS'l'lU~ ON P!UXISZS LICZNSBS
Thim i2I il!llfc::aaticn ra:J.a.tiv• to th• new type ct on pr911is.. lien••
aaatiad !)y Aict :ire. 440 ct th• Public Acts or 1996, baling sec:ticm
1!21 ct the Kicb.igan Iiiqqor Control Cede cf 1998, l:leinq Ka.
436,l!Jl(l) (foaerly known as (!/k,/a) Section 436.l7k(l).
431S. lS:21 (l) o:t th• Kicbigan Ccmplied I.a.1111 provides that in aeldit1cn
to en prais•• quota liccms- and on premises rascrt licansa•, the
O:mlmi:asion lllAY i11111ua not lllcra than !50 Tave= or Clail!le c lic:en._ to
~ncns opera.ting ~rta.m qualityillg businas111•111 lcc::abd in
development district:s.
oev.iopmet districts are defined in subsection (6) (a) of section
436.1!521 of the Michigan compiled Law:s as fellows:
". • • (i) An authority district established under t.he tax
incrQlent finance authority act, Act He. 4!0 of the :!Nblic
Acta of l.980, being sacticns 125. 1801 to 12! .1830 of the
Hichi,san CClllPiled Laws. 11 ·
( ii) An authority district . established under the 1oca.l
dwe.lopment .financing act, Act Bo. 281 of the PUblie Ac:t:s of
1986, being section 125.:U.!Sl tc l.2.5.2174 of the Michigan
Ccmpiled Laws."
\_,/(iii) A downtown district established under Act No. 197 of the
Public Acts of 1975, being sections 125.1651 to 125.1581 cf
the Michigan Compiled Laws. 11 ·
(iv) A p:id..ncipal 111hopping distl:'ict estab1ished under Ac:t: Ne.
120 of the Public Acts of 1961, being secticns 125. 981 tc
12!5.987 of tile Micil.igan compiled Laws, before January 1,
1996. 11
The ccndi tions that must :be 111et prior tc tha issuance of a
development district lic:ensa contained in sub:section (l) cf
436.1321 cf the Miclligan Ccmpiled Laws ara as tollcws:
". • • (a) 'l'he busine:ss is a fUll service restaurant, is open
to the plJblic, aJld prepares food on the premises."
(b) The business is open tc:,:r focd service not lass than 10
hours par_ day, S days p•r week."
,.
Paq• 2
SeJU!li:IU' 19, :lCOl
:oevelopmtmt Oi:at:ri.:t On :.>ruiiaea Lic.aas
(e) At 1-mt !Cl!: cl! thta grc,as rac:aiipt:a of the :buineae an
d•rived f:rCIII. t."la 11ale cf feed :er c:meumption en th• praises,
£:clming bear and wine.~ ·
(d) Th• bus.ineea hail dini:nq taciJ.id.•11 tc saat net las than
2! parsons.
{ii) 'l'h• l:lusill1111a i:J located in a development district yith a
popglation 9:C mat mm:, than !59 , 999 in which the a1.1:tb.cri ty,
i:tB 11: public h<taring, has found tmt the iaawmc:e of the
license vauld prevent furtl:l.e:r detarionticn within the
~v<elcpmont district and p ~ a eccncaic grcwth with.in thtl
d,avelopmant district. Th• C01m!lisaion .11)all net t11U 'Cha
licanse unl.aaa the lcc:al unit· cf gevanment vithin wb.ieh Qe
a11.th0rity is loc:atad, a.ft.er bclding a public hearing, pa1111•s
arascJ.ution concurring in the findinlJll of the authority.
( f} 'l'h• ~sinasa cl.lltlllcnstratas to the C.:immisl!lion that an
escrowed license is not re11dill1' e.vailal:ile in any lccal 1.mit cf
gC'll'e:nmant in which the deveJ.cpJUmt district is located."
Initial applications :Ccr on pro.isea lioeruiu under the prcvisicn11
c:f o&JllS,lS:;11(1) cf the Michigan Compiled Laws will l:le 1118.de tc the
davQlopment district wbe:re the proposed :business is to be located
and not to the Liquor cent;rcl C01lllllissicn ot:ticss. The Iaiqu0:r
Control C0111111ission will net m.aintain J.i:su cf inbr=sted applicants
noi; subll\it names cf the applicants ~o the develcpmont districts for
ccneideraticn. ·
In crd•r for the Liquor ContrQl C011111ission to ilnplem111nt the
licensing inva..tigation process fer applications · undl!l:r t:he
prwi:sicns o:f 436,13:11(1.) of the Xiol:l.iga.n C0111plied t.aws, · the
following docm:nents must be received:
( 1) w:ritt~n verification f:i:'cm the · development authority
identi::!!yin~ tho otl:ltutcr., p:-oviaion= 1mdor whid> it _,.
G&tal:)lishaci and cartificaticn that its population is not
more than 50,000.
A copy ot the notica of public hearing held by the ·
developacn_t district. ·
A copy of 111%'itt2J1 findings of the development. district
which 1State that the issuance of the lic:ense to W
applicant at a specific: location would prevent tnrther
detariorotion within the development district and. promote
ec:cncmic grcwth .
(4) .ii. """I'll' oi! th• not:ica oi! publ.ic b.Qarin,; hel.d by t.be lieeal
lagislative boiy.
LCC Sep 19 '01 13:0S
_,---=- P.03
p,aga 3
S•p~ambtU:' l9, 2001
Ile'Nlc;act i!M.suic:t L1carus<11s
A ocpy or the ramcluticn palls.a. by that. lccal l-a'islati"N
body which ccnc=:a in the . findings cf ~• authority fer
iaauance cf a licenH li9 t;h• applicant 1t , gesifis
1001:t,ign.
ornca tne111a dccuaents u• raCl!ivad, Liquor O)nt:rcl Ccaaisaicn
lic:mmra ll]llpli:cation foiz:u uid il'let:2:'Uc:ticne Will llle u.ililll tl:I UG
ai;,19licut ar..d. the OW11tomary lic111ns.ing prccaa111 will be uiplemumt.ad.
'?his pr~•• will i=luda racaipt ct r:.cCllllllendaticns f:rca beth tll!..a
lccal lagi•lative 1?cdY ~ the local law ~crcaent agency.
It is :blpcrtant to nota that the Liquor control COlllllliuicn may
i:sa110 net '.i\!.CZ'S than !!iO Tavern or ciass C licenses in devoalopment
di:st.%icts tm:ougb.cut the Stata anc:\l applications ny be consider.d
by the Liquor ccntrcl Cclllllll.ission without ragard to the crtler in
which the applications an. received. . . .
'rhe previsions of 436-15:.1(4) ot the Miahigan Compiled Laws fuzther
prchiJoit the issuance of a Specially 10esignated Mltl:'dl.ant llcenae,
a Specia.ll!f' Dcasi,;mia:ta!d iDist:dJoutor licanse or any other licans•
that. allcvs the sale ot alcoholic :l.iqucr for ccnsumpticn off tho
pnm.ises. Act .f.40 of the Pwolic Acts cf 1996 further expanded the
de:filll.it.ion cf a !Brawpub liosruia tc allow the ~ur produced at ths
prmis111o1 to ille sold f'or conslllllpt.ion oft the pramises. 'rhe;refcn,
the provisions of 436;1521(4) of tile Michigan compiled Lawn
prohibit the issuancca of a srewptm J.ic:anse in conjunct.ion with an
0111 prellllises lic81lse issued under this section 15ll(l).
Li.iansu issued under the provisions cf 436.1521(1) o:f the Michigan
Cm1pil<ad Laws may t.::anefar ownership ane may tn.nsrar 1ccatio11.
within the development district in which ··originally isaued. 'rb,,a
:same conditions and procadu:ce:, outlined abova will be ajpp1i.::a.10le to
a aanizf5r location of licanses issued under 436 .1521 oie the
Michigan Compiled Laws within the development district,
I! )l01ll have any further qu•stions, pJ.ease c:cnt:aet the Escrcw/Qucta
Unit cf the Licensing Division at (517)-322-1400.
A: \DEVDLIC:2 • Bl. 7
436.1519 ALCOHOLIC BEVERAGES
P.A.1952, No. 150, § I. P.A.1280, No. 6, § I.
P.A.1955, No.42,§ l. P.A.1980, No. 185, § I.
P.A.1955, No. 126, § !. P.A. I980, No. 302, § I.
P.A.1957, No. 275, § !. P.A.1981, No. 187, § I.
P.A.1960, No. 151, § !. P.A.1983, No. 21, § !.
P.A.! 962, No. 35, § !.
P.A.1983, No. 81, § I.
P.A.1964, No. 172, § I.
P.A. 1965, No. 39, § !. P.A. l 985, No. 123, § I.
P.A.1966, No. 196, § !. P.A.1986, No. 7, § I.
C.L.1970, § 436.17. P.A.1987, No. 191, § I.
P:A.l 976, No. 416, § !. P.A.1988, No. 207, § I.
P.A.1976, No. 417, § I. P.A.1989, No: 118. § l.
P.A.1976, No. 418, § !. P.A.1992, No. 136, § I.
P.A.1977, No. 2, § 1. P.A.1994, No. 185, § I.
P.A.1978, No. 6, § I. P.A.1995, No. 113, § l.
P.A.1979, No. 74, § I. P.A.1995, No. 138, § I.
C.L.1979, § 436.17. P.A.1996, No. 71. § I.
American Law Reports
Conscruction of provision precluding sale of intoxicating liquors within specified distance from
another establishment selling such liquors, 7 ALR3d 809.
Revocation or suspension of liquor license because of drinking or drunkenness on part of licensee
or business associates, 36 ALR3d 130 !.
Validity and construction of statute or ordinance r.especting employment of women in places where
intoxicating liquors are sold, 46 ALR3d 369.
Security interests in liquor licenses, 56 ALR4th 1131.
Law Review and Journal Commentaries
First amendment freedoms: Annual survey of
Michigan law I 975. Peter M. Alter, Ellen J.
Alter, 22 Wayne L.Rev. 365 (I 976).
Library References
Intoxicating Liquors ($:::>-59(1).
WESTLAW Topic No. 223.
C.J.S. Intoxicating· Liqu.ors § 95,
Notes of Decisions
State-oWiled lands P.A.1949, No. 174, which prohibited the issu-
ance of licenses for sale of alcoholic liquor on
state owned lands. Op.Atty.Gcn.1949-50, No.
. 1. State-owned lands 1227, p. 551.
Liquor control commission may not issue li- P.A.1933, Ex.Sess., No. 8, § 17 as amended'
cense for pre.mises constituting land of which by P.A.1949, No. 174, prohibited the liquor con- :·_
: ..;.:i_i state is fee owner, even though land is under trol commission from issuing licenses for use on _;
lease to a~other. Op.Atty.Gen., 1951-52, No. state owned lands and such licenses in existence
1321, p. 129. on the effective date of the amendatory act
Real estate property acquired by Huron-Clin- could not be renewed or transferred for use
ton metropolitan authority was not state-owned thereon. Op.Atty.Gen.1949-50, No. 1024, p.
within the meaning of that len~ as used in 288.
436.1521. Tavern or class "C" licenses, issuance .
I Sec. 521. (1) In addition to any licenses for the sale of alcoholic liquor for,'·
consumption on the premises that may be available in the local governmental·,
unit under section 531 (I), and the resort and resort economic development.,
licenses authorized in section 531 (2), (3), and (4), the commission may issue not:'
more than SO tavern or class C licenses to persons who operate businesses that:_
meet all of the following conditions: ··
212
436.1521
/,.(a) The business is a full service restaurant, is open to the public, and
. ;,·prepares food on the premises.
(; (b) The business is open for food service nol less than 10 hours per day, 5
:{ days a week.
:;:,; (c) At least 50% ofthe gross receipls of Lhe business are derived from the sale
•__'.of food for consumption on the premises, For purposes of this subdivision,
_' food does not include beer and wine.
~--,.,, · (d) The business has dining
. facilities to seat not less than 25 persons.
,- ... (e) The business is located in a development district with a population of not
.;'.(. more than 50,000, in which the authority, after a public hearing, has found that
\ the issuance of the license would prevent further deterioration within the
·-_}I development district and promote economic growth within the development
•i' · district. The commission shall not issue the license unless the local unit of
;;,,. government within which the authority is located, after holding a public
ice from
-/' hearing, passes a resolution concurring in the findings of the authority.
licensee . (2) The individual signing the application for the license shall state and
.:::; where demonstrate that the applicant attempted to secure an appropriate on-premise
escrowed license or quota license issued under section 531 and that, to the best
of his or her knowledge, an on-premise license or quota license issued under
section 531 is not readily available within the local unit of government in which
the applicant proposes to operate. .
(3) If in any licensing year the sale of food for consumption on the premises
of the business represents less than 50% of the gross receipts for the business,
the commission, after due notice· and proper hearing, shall revoke the license
issued under subsection (1),
(4) Not more than I license shall be issued under subsection (1) to any
individual, partnership, limited partnership, limited liability company, corpora-
tion, or any combination of any of the above, including stockholders. general
he issu- partners, or limited partners. A license issued under this section is transferable
4uor on as to ownership or location only within the development district.
·50, No.
(5) The commission shall not issue a specially designated merchant license,
mended specially designated distributor license, or any other license that allows the sale
1or con- of alcoholic liquor for consumption off the premises in conjunction with a
r use on
xistence license issued under subsection (I) or at the premises for which a license has
.or, act been issued under subsection (I) .
fa~ use
024, p. (6) The c01µmission shall not issue a license under this section if the local
governmental unit within which the development district is located has not
issued all appropriate on-premise licenses available under section 531 (I) or if
an appropriate on-premise escrowed license is readily available in any local
tor for unit of government in which the development district is located. The commis-
nental sion shall not issue more than 2 licenses authorized under this section in any
pment city or municipality with a population greater than 50,000. If an applicant's
ue not proposed location is within more than l development district, the applicant
,s that shall obtain the approval of both or all of the applicable local units of
government or development districts.
213
436.1521 ALCOHOLIC BEVERAGES LIQ
(7) The commission may issue the licenses under this section without regard alco
to the order in which the applications for the licenses are received. the
(8) The commission shall annually report to the legislature the names of the any
businesses issued licenses under this section and their locations. sche
(9) As used in this section: not·
tion
(a) "Development district" means any of the following:
facil
(i) An authority district established under the tax increment finance authoritv
act, I 980 PA 450, MCL 125.180 l to 125.1830. . (2
'i'.
~:,.
rene
(ii) An authority district established under the local development financing
adm
act, 1986 PA 281, MCL 125.2151 to 125.2174. $60(
(iii) A downtown district established under 1975 PA 197, MCL 125.1651 to
(3
125.1681.
licer
(iv) A principal shopping district established under 1961 PA 120, MCL sion
.:.
125.981 to 125.987, before January I. 1996. ,).
·S' (a:
(b) "Escrowed license" means a license in which the rights of the licensee in that
the license or to the renewal of the license are still in existence and are subject gene
to renewal and activation in the manner provided for in R 436.1107 of the
Michigan administrative code. Cb:
gros:
(c) "Readily available" means available under a standard of economic feasi- non,;
bility, as applied to the specific circumstances of the applicant, that includes,
but is not limited to, the following: (4;
prov
(i) The fair market value of the license, if determinable.
publ
(ii) The size and scope of the proposed operation. . prerr
(iii) The existence of mandatory contractual restrictions or inclusions ar- i• heal1
tached to the sale of the license. · ·
(s:
P.A.1998, No. 58, § 521, Imd. Eft. April 14, 1998. Amended by P.A.1998, No. 282, Imd. is ap
Eff. July 27, 1998.
unit
Historical and Statutory Notes P.A.!
P.A. I998, No. 282, in subsec. (I), in the i.mro- secs.- (3) to (5), respectively: in subsec. (4), by P ..
ductory paragraph, inserted "and resort eco- added the second senrence: insened subsecs.
nomic development"; deleted subsec. ( I )(f), (6) and (8); and. redesignated fonner subsecs.
which read: (5) and (6) as subsecs. (7) and (9). respectively. ?.A
"The business demonstrates to the commis- "$60(
sion that an escrowed license is not readily Prior Laws:
available in any local unit of government in
which the development district is located." P.A.1933, Ex.Sess .. No. 8, § 17k.
P.A.1998, No . ..-282, also, inserted subsec. (2): C.L.1979. § 436.17k.
lntc
redesignated former subsecs. (2) to (4) as sub- P.A. I 996, No. 440, § I.
WE
C.J.
Library References
Intoxicating Liquors e=,57 .1.
WESTLA W Topic No. 223. 436
C.J.S. Intoxicating Liquors § 104. Se
men
436 ..1522. Banquet facility permits; issuance to on-premise licensees pena
Sec. 522. (!) The commission may issue l banquet facility permit to an on- ordil
premise licensee, as an extension o[ that on-premise license, for the serving of defe,
214
NOTICE OF PUBLIC HEARINGS
CITY OF MUSKEGON
COUNTY OF MUSKEGON, MICHIGAN
CLASS "C" LIQUOR LICENSE FOR THE PROPERTY FORMERLY KNOWN AS
THE BRUNSWICK BUILDING
441 W WESTERN AVENUE
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that two public hearings are scheduled to determine
whether the City of Muskegon and its Downtwon Development Authority shall approve
the issuance of a class "C" (on premises) liquor license for a restaurant to be located at
the former Brunswick Building at the above address in the City of Muskegon. The
hearings are scheduled:
Before the Downtown Development Authority on December 17, 2002 at 4 p.m. in
the Conference Room I 03, Muskegon City Hall, 933 Tenace Street, Muskegon,
MI 49440
Before the City Commission on January 14, 2003 at 5:30 p.m. in the City
Commission Chambers, Muskegon City Hall, 933 Tenace Street, Muskegon, MI
49440
Any comments may be made at the hearing or by mail received prior to the hearing.
/;J, ;o o,J
h,,:.....,..J...,.. &_ \..\, l '\ · .:Jj
Req JD #200052 ~~
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2003-04(b)
At a Regular meeting of the City Commission
_ _ __,__
(R-eg-u
la-,o-,S-pe-cial~)- - - - - - (Township Board, City or Village Council)
called to order by Mayor Warmington on January 14, 2003 at 5: 30 P.M.
The following resolution was offered:
Moved by Corrmissioner Schwei fler and supported by Commissioner Shepherd
That the request from THOMAS A. HARRIS FOR A NEW FULL YEAR CLASS C LICENSE ISSUED
UNDER MCL 436.1521 (1) (DOWNTOWN DEVELOPMENT AUTHORITY LICENSE) WITH DANCE--
ENTERTAINMENT PERMIT TO BE LOCATED AT 441 W. WESTERN , MUSKEGON, Ml 49440,
MUSKEGON COUNTY.
be considered for A roval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
- - - - -- - - - - -(R«ommendcd
- --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=C'-'i....,t___Y., . C.cc.o,::..:mm.,=. . :.i. . ,s=s-=i.. .,o=--'-n--=-_ _ __ at a ____R-'--e~g'--u-=1-'--a_r_ _ _ _ _ _ __
(Township Board, City or Villagt: Council) (Regular or Special)
meeting held on January 14 , 2003.
(Date)
SEAL
(Mailing address of Township, City of Villagt:)
TO: Honorable Mayor and City commissioners 2003 - 04 a)
FROM: Engineering
DATE: January 14, 2003
RE: Public Hearing
Create Special Assessment District on:
2003 Sidewalk Program (W-5)
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment district of the project and to create a
special assessment district and appoint two City Commissioners to the Board of Assessors if it is
determined to proceed with the project. The district will not include those who complete the work
under a permit before June I st 2003.
FINANCIAL IMP ACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the project for special assessment, create a special assessment district for the project
and assign two City Commissioners to the Board of Assessors by adopting the attached resolution.
COMMITTEE RECOMMENDATION:
O:\ENGINEERING\COMMON\2003 PROJECTS MASTER FILE\Projects\SIDEWALK 2003\2003 sw-progrnm special assessment district to
commission.doc
MUSKEGON HEIGHTS
s PEC I li_L Ass cS.S,., e ~,,
- --- l::)lSTf\c.T
6)(1-fJBIT R --
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Auessor/Equallzatlon
(231)724-6708 January 3, 2003
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231 )724-6724
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
CITY OF MUSKEGON
Clerk
(231)724-6705
933 TERRACE ST
FAX: (231)7244178 MUSKEGON, Ml 49443 450
Community and
Neigh. Services
(231 )724-6717 NOTICE OF HEARING ON SPECIAL ASSESSMENT
FAX: (231)726-2501
Computer Info.
Systems
(231)724-6744 ··@
FAX: (231)722-4301
Re: Parcel No: : .. JEFFERSON ST
Engineering Dept.
(231)724-6707
FAX: (231)727-6904
Dear Property Owner:
Finance Dept,
(231)724-6713 The Muskegon City Commission is considering whether or not to create a special assessment district
FAX: (231)724-6768
which would assess your property for the following project:
Fire Department
(231)724-6792 Sidewalk Replacement Program for 2003
FAX: {231)724-6985
Income Tax The proposed special assessment district will be located as follows:
{231)724-6770
FAX: (231)724-6768
Those properties identified in the area listed below as having sidewalk deficiencies in which the
Inspection Services owners have not completed the required improvements by June 1, 2003.
(231)724-6715
FAX: (231)728-4371
Leisure Services AREA W5: bounded by Glade Street to the west: Washington Ave, Jefferson Street. and
(231)724-6704 Strong Ave. to the north : Peck Street to the east; South to the City Limits
FAX: (231)724-1196
Mayor's Office
(231)724-6701 The above improvement will be paid entirely by special assessment. The 2003 cost has been set at
FAX: (231)722-1214
$5,40 per square foot of sidewalk and will include all incidentals (Le. root cutting, concrete removal,
Planning/Zoning excavation, etc.). Any work on drive approaches will be assessed at the contract price plus related
(231)724-6702 engineering fees.
FAX: (231)724-6790
Police Deptartment
THE HEARING WILL BE HELD IN THE CITY OF MUSKEGON COMMISSION CHAMBERS ON
(23))724-6750 January 14, 2003 AT 5:30 P.M. You are entitled to appear at this hearing, either in person, by an
FAX: (231)722-5140 agent, or in writing to express your opinion, approval, or objection concerning the special
PubUc Works Dept.
assessment. Written appearances or objections must be made to the City Clerk at or prior to the
(231)724-4100 hearing.
FAX: (231)722-4188
Treasurer's Office
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
(231)724-6720 EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL
FAX: (231)724-6768 IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE
OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
Water BIiiing Dept.
(23 I )724-6718 TAX TRIBUNAL. (517-334-6521).
FAX: (231)724-6768
Water Filtration
(231)724-4I06 450
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
W\vw.shorelinecity.com
If you have questions about the permit requirements, the specific sections that need to be replaced, or if,
the paint wears off or fades out, contact the Engineering Department at (231) 724-6707.
For property owners who may have difficulty affording the sidewalk assessment, there are three options:
(1) you can request to have your assessment payments spread over a ten-year period at a low
interest rate of 5.00% per year (unless the City has borrowed money to complete the project
for which you are assessed and has pledged your assessments for repayment of the
borrowed money; in such cases, the interest you are charged is equal to the interest rate the
City must pay on the borrowed money plus 1.00%),
(2) if you are a low-income senior citizen you can leave the assessment as a lien against your
property until the property is sold (contact the City Assessor's office for details), or
(3) if you are a low income homeowner of the property requiring sidewalk replacement, you may
be eligible for free sidewalk replacement. An application for this free assistance is enclosed.
If you believe you are eligible for this free assistance, your application must be submitted to
the City's Department of Community and Neighborhood Services, no later than May 31, 20.03
If your application is approved, you need to do nothing else; the City will make the repairs,
and you will not be assessed for the replacement costs.
To help with your decision on how to proceed with these sidewalk repairs, we have enclosed the following
information:
1. Standards for the identification of defective sidewalks and procedures for appeal
2. An explanation of the special assessment process and what costs will be included in your
sidewalk assessment
3. An application for free sidewalk repairs, for eligible homeowners.
We suggest that you review the enclosed information carefully. Thank you for your cooperation in
improving the City of Muskegon.
Sincerely,
/ " l ..• ) //;
/ · / )/t··11 d-t---vvi. ..•.... -4-
e (I< /~-1-te:/Ct'.
,1 / /< //{
" Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
CITY OF MUSKEGON - NELSON NEIGHBORHOOD H-1557
SIDEWALK ASSESSMENT PROGRAM FOR 2003
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
. .
.· .. .
·. . HOUSEHOLD INFORMATION .
Name: Birthdate: Social Security II _ _-_ _-_ _
Spouse: Birthdate: Social Security II _ _-_ _-_ _
Address: Phone: Race:
Parcel II Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer lo your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birth date Social Security# _ _. _ _. _ _
Name Birthdate Social Security# _ _._ _. _ _
Name Birthdate Social Security # _ _•_ _-_ _
Name Birthdate Social Security# _ _. _ _. _ _
·:- "·, . ..
. · ·.•
. . INCOME INFORMATION .
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
·.
PROPERTY INFORMATION .· .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
. . .. · .: ..
•:.···
OWNER'S SIGNATURE
. .
':
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete
to the best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the
application being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
·. .
. . FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Pavments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
The City's comprehensive sidewalk SIDEWALK SIZE: Requesting additional sections to be
replacement program set minimum replaced:
standards to help reduce potential Sidewalks are to be 5' wide with the
accidents due to broken or uneven exception of sidewalks that go around trees, Owners of property will be allowed to
walkways. To establish sections of in which case the minimum continuous request that additional sections of sidewalk
sidewalk that need to be replaced, the width must be 42". that are cracked or broken, but not
following criteria were followed: hazardous, or if the owner wishes to have
SIDEWALKS IN THE TERRACE: their total sidewalk replaced. This does not
I. Rise or drop of more than ¾" include property owners receiving CDBG
2. Broken or cracked in many pieces Sidewalks that are located in the terrace funding to pay for their special assessment,
throughout. between the city sidewalk and the curb will the owners will be restricted to the required
3. Holes more than¾" deep. be inspected with the same criteria as the sections only.
4. Badly spalled. City sidewalks and may either be removed
5. Open cracks more than ½" wide or replaced at the owners choice.
6. Broken sections with loose pieces of
concrete DRIVE APPROACHES: APPEAL PROCESS:
7. Crumbling due to age, weather,
and/or improper material used in the If a drive approach is hazardous with deep If you feel the sidewalk does not meet the
original construction, or for other holes or raised areas, or other hazards, it will above criteria, you may appeal to the City
reasons. be required to be replaced. If no approach is Engineer @ (231) 724-6707. If you are still
8. Side slope of more than 8% (1" for provided, but cars are crossing the terrace, not satisfied after your appeal, you may
every12") an approach will be required, provided a request a hearing with the Sidewalk Review
legal driveway is permitted by the Zoning Board.
ADDITIONAL CONDITIONS: Ordinance.
When one section doesn't need to be STREET CORNERS AND ALLEYS: If you have any questions about the
replaced, but the sections on each side do, specific sections that need to be replaced,
all three sections must be replaced. When The City will be responsible for the cost of please contact the Engineering
only a small area (one square foot or less) of all replacement of sidewalks at the street Department@(231) 724-6707.
a section is missing or broken, it will not comers and where alleys cross the
need to be replaced provided that there is sidewalks. If the sidewalk is to be replaced
still 42" of good continuous sidewalk and at comers, it will be made handicapped
there is no rise or drop, accessible.
Those sections that do not fall within the
above criteria but are hazardous will be
required to be replaced.
O:\ENCINEEIUNG\COMMON\2001 PROJECTS MASTER Fll..Elf'R0J£CTS\SW 2001\StDEW ALK PAMPHI£T.doc-
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
SPECIAL ASSESSMENT DISTRICT
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon City
Commission for the following project:
2003 SIDEWALK PROGRAM
The location of the special assessment district and the propmties proposed to be assessed are:
Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June I, 2003.
• All parcels within area W-5 which is bounded by Glade Street to the west, Washington Ave. ,
Jefferson Street, and Strong Ave. to the north, Peck Street to the east and Sooth to the City
Limits.
It is proposed that the total cost of the improvement will be paid through special assessments. The 2003
cost has been set at $5.40 per square foot of sidewalk and will include all incidentals (i.e. root cutting,
concrete removal, excavation, etc.). Any work on drive approaches will be assessed at the contract price
plus related engineering fees.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON
January 14, 2003 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL
IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM THE
DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN
STA TE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR AT THE
HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING BEFORE
OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE
LOST.
By City Chmter, if the owners of more than one-half of the property to be assessed sh al I object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City
Commission determines by affirmative vote of all its members that the safety or health of the public
necessitates the improvement.
PUBLISH: January 4, 2003 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting,
upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 I) 724-6705 or TDD (231) 724-6773
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January 13, 2003
313
City of Muskegon
933 Terrace Street
POBox536
Muskegon, MI 49443-0536
RE: Parcel No: 24-205-428-009-00@ 324 W. Forest Avenue
Dear Special Assessment Committee:
I am unable to make it to the meeting on January 14, 2003 @5:30pm. I would like to say
that I would like the Muskegon City Commission to consider to create a special
assessment for the district which I live in for the Sidewalk Replacement Program for
2003.
I am low income and it would be of much help if this assessment passes, so that I might
be able to get help on either payments or if the City of Muskegon would pay for the
replacement of the sidewalks that they have marked.
Thank you for your time.
Sincerely,
'-f\c;_-\:~'_._~ . C(f'kv~
Natalie S. Cyphers
CITY OF MUSKEGON
Resolution No. 2CXl3 - 04 a)
Resolution At First Hearing Creating Special Assessment District
For The 2003 Sidewalk Replacement Program (WS)
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
A hearing has been held on January 14, 2003 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held January 14, 2003, there were~% objections by the owners of the
properties in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has considered
the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project including
all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the properties to be assessed and the
value of the benefit to be received by each properties proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the properties.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
properties set forth in Exhibit A attached to this resolution.
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2. The City Commission determines to proceed with the improvements as set fo11h in the
engineer's survey, inspection, recommendation and estimates of costs, and directs the City
Engineer to proceed with project design, preparation of specifications and the bidding
process. If appropriate and if bonds are to be sold for the purposes of financing the
improvements, the Finance Department shall prepare plans for financing including
submission of application to the Michigan Depa1tment of Treasury and the beginning of
bond proceedings.
3. The City Commission hereby appoints a Board of Assessors cons1stmg of City
Commissioner~ Spataro and Mavor Wanni nqton and the City Assessor
who are hereby directed to prepare an assessment roll. Assessments shall be made upon
actual work preformed.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that
approximately 100% of the cost of the improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes, Commissioners Gawron, Larson, Schweifler, Shepherd, Warmington, Buie
Nays, None
Excused, Spat taro
CITY OF MUSKEGON
By~a_LJ...r
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on January 14, 2003. 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 ~ Q. L~3&,J
Gail A. Kunqinger, Clerk
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EXHIBIT A
SIDEWALK REPLACEMENT PROGRAM FOR 2003
SPECIAL ASSESSMENT DISTRICT
The location of the special assessment district and the prope1ties proposed to be assessed are:
Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June I, 2003,
All parcels within area W-5 which is bounded by Glade Street to the west, Washington Ave.,
,Jefferson Street, and Strong Ave. to north, Peck Street to the east and south to the City
Limits.
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AGENDA Item No.2003. - 05 a)
MUSKEGON CITY COMMISSION MEETING - January 14, 2003
To: Honorable Mayor an~ ~ Commissioners
From: Planning Deprutment ~
Date: January 3, 2003
Subject: Alley vacation
SUMMARY OF REQUEST
Request to vacate the eastern portion of the alley in block 346, adjacent to Samuel Lutheran
Church on Webster Ave.
FINANCIAL IMP ACT
None
BUDGET ACTION REQUIRED
None
RECOMMENDATION
The Planning Commission and staff recommend denial of the request because of residents need
to access garages from the alley.
Hearing; Case 2002-56: Request to vacate a portion of the alley in Block 346, up to the easterly
property line of 492 Houston Ave., by Shannon Brown. B. Moore presented the staff report.
The west half of the subject alley (adjacent to Samuel Lutheran Church) was vacated in January
of 2000. At that time, the remaining portion of alley was kept open as there were residents who
needed the use of that portion of alley for access. Recently, the prope1ty owner at 492 Houston
Ave. has constructed a fence, which encroaches upon a pmtion of the public portion of alley.
She is therefore asking to vacate an additional portion of the alley. The property at the corner of
Houston Ave. and 7'" St. does require access from the alley for their garage. The current request
is to vacate an additional portion of the alley, up to tlte property line between those two parcels,
so that the alley would remain open adjacent to the home on the corner. The traffic committee
has discussed this situation and feels that if the alley is vacated, the entire stretch should be
vacated to eliminate a maintenance liability that is one lot deep. The fence, which was put up
by the applicant, also blocks the neighbor from being able to easily access their garage. Staff
has not received any phone calls from the public on this case. Staff has received 2 letters from
residents in opposition of the request and copies were provided to the commission members.
Staff recommends approval of the request only if the entire alley is vacated.
P. Sartorius noted that the applicant was not at the Planning Commission meeting. E. Cottrell
stated that she is opposed to this request. The access to her garage is from the alley. Currently
the applicant had put a fence up which causes her problems to get in and out of her garage.
Should the fence remain, this would create even more problems for her with the removal of
snow. P. Sartorius read the 2 letters. The first was from S. White of 504 Houston. She is in
opposition to this request as she uses the alley in order to pmk on the rear of her property in the
winter, as there is no parking allowed on the street during this time. She also has relatives who
visit and they use the alley in order to park on the rear of her property. When she has a need to
take items to the dump, a trailer is placed in her back yard through the alley. The second letter
was from T. Henderson of 508 Houston. She had the same objections as S. White as they me
mother and daughter and neighbors. S. Warmington stated that both the letters seem to be
written by the same person, but they do have different signatures.
A motion to close the public hearing was made by B. Mazade, suppmted by J. Stewait and
unanimously approved.
P. Veltl<atnp stated that he has some concerns since there are 3 people that need access to their
properties from the alley. L. Spataro added that this request was due to an enforcement action.
There would be an economic hardship to remove pait of the fence to the applicant. He is
concerned that the applicant was not at this meeting. Out of the 6 adjacent properties there were
3 objections. B. Mazade wanted to infmm the other commission members that the applicant
had gone before the City Commission in regards to the enforcement action. The applicant was
advised at that time that an option for her was to petition for an alley vacation. The City
Commission was willing to waive the fee for this meeting.
A motion that the vacation of the remaining alley in Block 346, be recommended to the City
Commission for denial, based on lack of compliance with tlte City"s Master Land Use Plan and
conditions set fmth in Section 2315 of the City of Muskegon Zoning Ordinance, was made by
L. Spatmo, suppmted by P. Veltkamp and unanimously approved.
RESOLUTION # 2003 - 05 a)
MUSKEGON CITY COMMISSION
RESOLUTION TO DENY VACATATION OF A PORTION OF PUBLIC ALLEY
WHEREAS, a petition has been received to vacate and discontinue the east half of the east/west
alley (accessed off of Seventh St. between Muskegon and Houston Avenues) in block 346 in the
City of Muskegon, and;
WHEREAS, the Planning Commission held a public hearing on December 12, 2002, to consider
the petition, and;
WHEREAS, due notice had been given of said hearing as well as the January 14, 2002 City
Commission hearing to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it not in the public
interest to vacate and discontinue that portion of alley and that the alley shall remain open.
Adopted this 14th day of January, 2003.
Ayes: 7
Nays: 0
--
CERTIFICATE
I hereby 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 January 14, 2003.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Commission Meeting Date: January 14, 2003 20'.l3 - 05 b)
Date: January 8, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CPC-
RE: Sale of Buildable Vacant Lot on Ducey Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1292 Ducey Avenue (designated as parcel
number 24-611-000-0431-00) described as URBAN RENEWAL PLAT NO 2 LOT 431 OF
THE REVISED PLAT(OF 1903) OF THE CITY OF MUSKEGON to Lartice Jones, a single
man, of 2412 Reynolds Street, Muskegon Heights, Ml. The lot is 100 x 132 ft. and is being
offered to Lartice Jones for $7,100. They plan to use the land for the construction of a
single-family, 30' X 60', modular home. The home will contain 3 bedrooms, a full basement,
and a 2-stall attached garage. The appraised value of the lot is $7,000 and Lartice Jones
submitted the only bid of $7,100.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
1/8/03
Resolution No . 2003 - 05 b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1292 DUCEY
A VENUE IN MARQUETTE NEIGHBORHOOD FOR $7,100.
WHEREAS, Lartice Jones, a single man, has placed a $400 deposit for the parcel designated as
parcel number 24-611-000-0431-00, located at 1292 Ducey Avenue;
WHEREAS, Lattice Jones, a single man, has submitted the only bid of $7,100 for the parcel
designated as parcel number 24-611-000-0431-00, located at 1292 Ducey Avenue;
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0431-00, located at
1292 Ducey Avenue be sold to the above-mentioned buyer.
URBAN RENEWAL PLAT NO 2, LOT 431 OF THE REVISED PLAT (OF 1903)
OF THE CITY OF MUSKEGON;
Adopted this _JAtb__ day of January, 2003
Ayes: 7
Nays: o
Absent o
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 January 14, 2003.
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(.1 La11dA1nerica
PRIVACY POLICY NOTICE
Dear LandAmerica Customer:
The Financial Services Modernization Act, known as the Gramm-Leach-Bliley Act,
requires us to explain to our customers the ways in which we collect and use
customer information.
The statement attached to or on the reverse side of this letter is the privacy policy
of the LandAmerica family of companies. The three largest members of the family
- Commonwealth Land Title Insurance Company, Lawyers Title Insurance
Corporation, and Transnation Title Insurance Company - may issue policies and
handle real estate closings in virtually every part of the country. Some companies
in the family provide other real estate services, and some operate more locally.
You may review a list of LandAmerica companies on our web site
(http://www.landam.com). You may also visit our web site for an explanation of our
privacy practices relating to electronic communication.
Our concern with the protection of your information has been a part of our business
since 1876, when the company that is now Commonwealth Land Title Insurance
Company issued its first policy. We will continue to protect the privacy, accuracy,
and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance
Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title
Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title
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LandAmerica Title Agents (wholly-owned): American Title Company of Dallas and Fort Worth, Austin Title Company,
ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Capitol City Title Services, Inc., Commercial
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Trust, Land Canada LTD., Land Title Associates, Lawyers Title Galveston, Lion Abstract, Longworth Insured, Mil Title
Agency, M and M Title Services, National Land Transfer (NJ and PA), NIA/ Lawyers Title Agency, RE/Affirm Title Agency,
Residential Abstract, Residential Title, Sibcy Cline Title Agency, Title Affiliates of Central Florida, Naples, Clearwater,
Graham, Indian River, Orlando, Polk County, Tampa Bay, and West Central Florida; TransOhio Residential Title Agency,
TRI Title Agency, TRI-County Title Agency-Michigan, Tri-State Title Agency, University Title Services,
Inspections, Appraisals, Mottgage Setvicing, and Ancillary Services: lnspectech, Inc., LandAmerica OneStop, Inc.,
LandAmerica Account Servicing, Inc., LandAmerica Default Service Co., REalitics, TransAccount Services, Inc.
Form 3391-6 (September 2002)
QUIT-CLAIM DEED 2W3-05b)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to LARTICE JONES, a single man, of2412 Reynolds Street, Muskegon Heights, MI 49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
URBAN RENEWAL PLAT NO 2, LOT 431 OF THE REVISED PLAT
(OF 1903) OF THE CITY OF MUSKEGON
(I 292 Ducey Avenue)
for the sum of Seven Thousand One Hundred and no/I 00 Dollars ($7, I 00.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall commence construction of one (I) single family home on the premises herein
conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (I) issuance ofa residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling
described in the said building permit. In the event ofreversion of title of the above-described premises, improvements made thereon
shall become the property of Gran tor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (I) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this ---14.tb. day of ,la• 11acy , 2003.
Signed in the presence of:
-·--
:Zr-enelmj>sej
/1-tfv-i
/'at/er
O:\PLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2002 BUILDABLE LOT SALES\JONES\PA AND QCD. DOC
STA TE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 7//, day of ,R
o " a <;Y , ]a
2003, 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-,., ....,__L
PREPARED BY: John C. Schrier
0/4//Jcfu ~- ffeW/l
i:0 Jc, s.. ;,, ft-,,, , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9- c?S-- U &
Muskegon,Ml49443-0786
Telephone: 23 l /722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
O:\Planning\COMMON\Property\Buildable lot Sales\2002 Buildable Lot Sales\Jones\PA and QCD.DOC
REAL ESTATE PURCHASE AGREEMENT
2003 - 05 b)
THIS AGREEMENT is made ,Jant1ary 14th , 2003, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 (ASelleE), and LARTICE JONES, a single man, of2412 Reynolds Street,
Muskegon Heights, Michigan 49444 ("Buyer").
I. 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:
URBAN RENEWAL PLAT NO 2, LOT 431 OF THE REVISED PLAT
(OF 1903) OF THE CITY OF MUSKEGON
(1292 Ducey 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 Seven Thousand One Hundred and no/100 Dollars ($7,100.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by 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 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 (I 0) 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
O:\Planning\COMMON\Property\Buildable lot Sales\2002 Buildable Lot Sales\Jones\PA and QCD.DOC
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
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FORA
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
O:\Planning\COMMON\Property\Bulldable Lot Sates\2002 Buildable Lot Sales\Jones\PA and QCD.DOC
9. Closing. The closing date of this sale shall be on or before i \ I'-/ 'fh A:iic
2003 ("Closing"). The Closing shall be conducted at 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. Prononns. 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.
O:\Planning\COMMON\Property\Buildable Lot Sa!es\2002 Buildable lot Sales\Jones\PA and QCD.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:
.. ---------
BUYER:
~des
SS No.: Y~ J.
'
7J · 1/fd,b
O:\Planning\COMMON\Property\Buildable Lot Sales\2002 Buildable Lot Sales\Jones\PA and QCD.DOC
QUIT-CLAIM DEED 2003 - 05 b)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to LARTICE JONES, a single man, of2412 Reynolds Street, Muskegon Heights, MI 49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
URBAN RENEWAL PLAT NO 2, LOT 431 OF THE REVISED PLAT
(OF 1903) OF THE CITY OF MUSKEGON
( 1292 Ducey Avenue)
for the sum of Seven Thousand One Hundred and no/100 Dollars ($7,100.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall commence construction of one (I) single family home on the premises herein
conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (I) issuance of a residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling
described in the said building pennit. In the event ofreversion of title of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (I) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this --1llth day of ,January , 2003.
Signed in the presence of:
O:IPLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2002 BUILDABLE LOT SALES\JONES\PA AND QCD.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ,2 lrA day of , h1J1" ,, ry ,
2003, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk,'respectively, of
the CITY OF MUSKEGON, a municipal corporation, on ~h_alf of the. City. /1 _
0A/n&<; .d i_W(L/l
PREPARED BY: John C. Schrier ,:.·,oda s. /41-r ,-,,-
, Notaiy Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: ?-,,,75-- 0 (.,
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
O:\Planning\COMMON\Property\Bui[dable Lot Sa!es\2002 Buildable Lot Sales\Jones\PA and QCD.DOC
SURVEY WAIVER
Date: March 19, 2003
RE: 423808
To: City of Muskegon Property Address:
933 Terrace P.O. Box 536 1292 Ducey Avenue
Muskegon, MI 494430536 Muskegon, Michigan 49442
County: Muskegon
We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release City of Muskegon and LANDAMERICA TRANSNATION TITLE INSURANCE, its
employees and/or agents, from any responsibility and/or liability concerning or pertaining
to survey matters, including, but not limited to size of lot or land, location of boundary
line, location of building and encroachments.
PURCHASER(S): SELLER(S):
City of Muskegon,
-~
BY ;2z~ ~-
Brian Lazo,As'sistant Planner
MUSKEGON REAL ESTATE BOARD
ADDENDUM TD BUY and SELL AGREEMENT
Date: March 19, 2003,
Office of City of Muskegon Phone REALTOR, MUSKEGON, MI
1. Addendum to Buy Sell Agreement dated covering property at 1292 Ducey Avenue,
Muskegon, Michigan 49442 and legally described as:
Lot 431, Muskegon Urban Renewal Pl at No. 2, as recorded in Li ber 19 of Plats,
Pages 13-15, inclusive, Muskegon County Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement, which is
amended as follows:
listed above is the complete legal description of property.
3. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement.
,>':::[art i,c:~Joties
e----~·
4. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
City of Muskegon,
AFFIDAVIT OF TITLE
STATE OF MICHIGAN } Title Commitment# 423808
}SS
COUNTY OF Muskegon }
That City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that She is the true and lawful owner(s) of the premises located at:
1292 Ducey Avenue
Muskegon, Michigan 49442
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
City of Muskegon,
BY /2' c;; ~
Brian7.tlzor, AsSinant Planner
Subscribed and sworn to, before me a Notary Public, this 19th day of March, 2003
AFFIDAVIT OF TITLE
STATE OF MICHIGAN } Title Commitment# 423808
}SS
COUNTY OF Muskegon }
That City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that She is the true and lawful owner(s) of the premises located at:
1292 Ducey Avenue
Muskegon, Michigan 49442
AND
I. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof .
. 3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6, That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
City of Muskegon,
/2' CA -----
BY Brian7.~zor, Asffit"ant Planner
Subscribed and sworn to, before me a Notary Public, this 19th day of March, 2003
KIMBER VANDERWALL
Notary Public, M~skegon County, Michigan
,.x4 robJ- t hMn~ Q-. cwO 0
Notary Public _ _ _ _ _ _ _ County
My Commission Expires 09/2J/0?
My Commission Expires:
L-4260
Mi chi gan Department of Treasury This form is issued under authority of
2766 (Rev. 7-00) P.A. 415 of 1994. Fit ing is mandatory.
PROPERTY TRANSFER AFFIDAVIT
This form must be filed whenever real estate or some types of personal property are transferred (even if you
are not recording a deed). It is used by the assessor to ensure the property is assessed properly and
receives the correct taxable value. It must be filed by the new owner with the assessor for the city or
township where the property is located within 45 days of the transfer. If it is not filed timely, a penalty
of $5/day (maximum $200) applies. The information on this form is NOT CONFIDENTIAL.
11. Street Address of Property 12. County I 14. Date of Transfer (or land contract ~1as signed)
I 1292 Ducey Avenue I Muskegon I I 03/19/03
I Muskegon, Michigan 49442 I I
13, City/Township/Village of Real Estate l!l City I JS. Purchase Price of Real Estate
I Muskegon Li Township I I
I Villa e I
J6. Property Identification Number {PIN) If you don't have a PIN, PIN. This number ranges from 1D to 25 digits. It
I
I attach legal description. usually includes hyphens and sometimes includes
I
I 61-24-611-000-0431-00 I letters. It is on the property tax bill and on the
assessment notice.
17. Seller's (Transferor) Name I 1a. Buyer's (Transferee) Name and Mailing Address
j City of Muskegon, I I Lartice Jones
I I I
I 1292 Ducey Avenue
Items 9 - 13 are optional. However, by completing I Muskegon, Michigan 49442
them you may avoid further correspondence. 1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Transfers include deeds, land contracts, transfers [9. J1Qe of Transfer _
i nvo l vi ng trusts or 11il ls, certain long-term leases ! U Land Contract U lease
and interest in a business. See the back for a l ill Deed U Other (specify) _ _ _ _ _ _ _ __
complete list. I____________________
I10. U Yes I I11. Amount of Do~m Payment
l_-'-l~s~t~h~e_t~c~a~n~sf~e~r~b~e~t~w~ee~n'--Cre~l~a~te~d,_,,p~er~s~o~ns~?'--____Lljl-"cNoc,__ _ I I___________________
!12. If you financed the purchase, U Yes I [13. Amount Financed (Borrowed)
J_ __,,d~id'-'y~o~ujp~a~y~m~a~r~ke~tc__,_c~at~e'-"of,__,i~n~te~r~e~st~?'--______i_ljl_,,No"---_ _ I !___________________
Exemptions._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~
The Michigan Constitution limits how much a property's taxable value can increase 11hile it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the follo1~ing year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the
types of exempt transfers: full descriptions are in MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt.
indicate below the type of exemption you are claiming. If you claim an exemption, your assessor may request more information
!;__Q_support your claim.
U transfer from one spouse to the other spouse
U change in ownership solely to exclude or include a spouse
U transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires)
U transfer to effect the foreclosure or forfeiture of real property
U transfer by redemption from a tax sale
U transfer into a trust where the settlor or the settlor's spouse conveys property to the trust and is also the sole
beneficiary of the trust
U transfer resulting from a court order unless the order specifies a monetary payment
U transfer creating or ending a joint ownership if at least one person is an original owner of the property {or his/her spouse)
U transfer to establish or release a security interest {collateral)
U transfer of real estate through normal public trading of stocks
U transfer between entities under corrmon control or among members of an affiliated group
U transfer resulting from transactions that qualify as a tax-free reorganization
U transfer of qualified agricultural property when the property remains qualified agricultural property and affidavit has been
filed.
U other, specify:
Certification-------------------------------------
,I~c~e~r~t~ifuYc_.sth~a~tc...cth~e'-'in~f~o~,~ma~t~i~o~n~a~b~ov~e;__ii~s~t~,~"'s._;a~ndQ._Sc~o~mppl~e~t~e~t~o~t~h~e'--"be~s~tc_Qof m"Lk~n~o~w~le~d='~·_______________
10,.mer's Signature I Date I I If signer is other than the owner, print name and
I ~~----~~;·/ .I l I t"itle.
1_.c:·c,,,;/""'."c:;f"'·;;,"'/4<k"'"'----------13/!'f/t!.i I 1---------------------'
ACKNOWLEDGEMENT OF HOMESTEAD EXEMPTION AFFIDAVIT
AND REQUEST TO RESCIND/WITHDRAW HOMESTEAD EXEMPTION
AND PROPERTY TRANSFER AFFIDAVIT
FILE# 423808
DATE: March 19th 2003
The undersigned acknowledges receipt of the Property Transfer Affidavit
form (Michigan Department of Treasury form No. L-4260) as same is
required by Public Act 415 of 1994 which imposes obligations on
purchasers/transferees to file said form within 45 days of the date of
transfer. The undersigned further acknowledges that Transnation Title
Insurance Company is under no obligation to provide said form but does so
as an accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
The undersigned acknowledges receipt of the Homestead Exemption Affidavit
form (Michigan Department of Treasury Form No. 2368) as same is required
by Public Act 415 of 1994 which imposes obligations on purchasers/
transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an
accommodation to the undersigned. The undersigned assume(s) all
liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
The undersigned request that the Company mail the form by first
class mail and acknowledges that the Company shall not be liable in
the event that any of the information provided on said form is
inaccurate or incomplete, or in the event said form is not received
or properly processed by the local tax collecting unit.
PURCHASER ( S) :
Sign up for City of Muskegon Emails