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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 23, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION:
• CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Transfer - 435-441 W. Western. CITY CLERK
C. Liquor License Transfer • 555 W. Western. CITY CLERK
D. Traffic Department Materials and Services 2007. PUBLIC WORKS
E. Budgeted Vehicle Replacement. PUBLIC WORKS
F. Acceptance of Lakefront Drive and Extension of Terrace Street into the
City's Street System. ENGINEERING
G. Grant Applications for Transportation Economic Development Fund
Category F and Congestion Mitigation Air Quality. ENGINEERING
H. Agreementfor Engineering Services. ENGINEERING
I. Zoning Ordinance Amendment - Zoning Board of Appeals Newspaper
Public Notice. PLANNING & ECONOMIC DEVELOPMENT
• PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District - Sen Peevo, LLC.
PLANNING & ECONOMIC DEVELOPMENT
B. Request to Issue an Obsolete Property Certificate - Sen Peevo, LLC.
PLANNING & ECONOMIC DEVELOPMEi'H
C. Spreading of the Special Assessment Roll for Lakeshore Drive,
McCracken to 145' Northeasterly of Vanderlinde Street. ENGINEERING
D. Spreading of the Special Assessment Roll for Montgomery Street,
Laketon to Southern. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Special Assessment District for Knollwood Cl. ENGINEERING
B. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1145 Aurora (garage)
1614 Elwood (garage) - Area 13
244 Monroe - Area 10
758 Orchard - Area 11
C. Special Event Request- Jaycee's Snowiest. LEISURE SERVICES
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fill out a request to speak form attached to the agenda or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• limit of 3 minutes to address the Commission.
• (Speaker representing a group may be al!owed l Ominutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUS!8ce0cc19,,,2=---
Lansing, Michigan 48909-7505
Business ID# 183774
LAW ENFORCEMENT RECOMMENDATION
[Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]
12-7 -u C,
November 15, 2006
TO:
Re: D & L OF MICHIGAN, LLC
We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
request should be directed to the MLCC Licensing Division at (517) 322-1400.
• OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays A.M. to A.M.
Sundays A.M. to A.M./P.M.
D Recommended D Recommended, subject to final inspection D Not Recommended
NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
must complete the box below. If additional space is needed please use reverse side of this form.
• OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays A.M. to A.M.
Sundays A.M. to A.M./P.M.
D Recommended D Recommended, subject to final inspection D Not Recommended
~ DANCE PERMIT
[8'J Recommended D Recommended, subject to final inspection D Not Recommended
~ ENTERTAINMENT PERMIT
119- Recommended D Recommended, subject to final inspection D Not Recommended
• TOPLESS ACTIVITY PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
Law Enforcement Recommendation (cont'd)
Page 2
November 15, 2006
[2J OUTDOOR SERVICE
~ Recommended D Recommended, subject to final inspection D Not Recommended
• PARTICIPATION PERM IT
D Recommended D Recommended, subject to final inspection D Not Recomm ended
• ADDITIONAL BAR PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
• OTHER
D Recommended D Recommended, subject to final inspection D Not Recommended
'
Signed:
--t... ff L . l ~
Signature and Title
/ ~ -r' Ny L ,, I -<. Lt..; U\ C: )
Treasurer
r
·Approved D Owing cg/ Amount:
5~c
I r -E-
.4TT ~
r
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved D Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
- _~v
. Department Signature_4____ ~
_~. . .1.....,1/- ' ~,,_j_cJG_ _ _ _ _ _ _ _ _ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: L. a ? 6- Jones
Business Address:
7
Reason for Review:
• New License lt1) ~ransfer Of Ownership ~ Dance Permit D
Drop/Add Name on License D Transfer Location tJ
Drop/Add Stockholder Name D New Entertainment Permit D
Other
---------------------------:-
Deadline for receipt of all information:
--------------
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved'Ji(] Denied D Pending ZBA •
Clerk's Approved D Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature-lr-_'.....f.J-~=.i...~a::;__---::i,....i.::i..,:~- .::::.....- - - - - - - - -
Please return to the City Clerk's Office
Gail A. Kundinger, .
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl,t
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ __ _ _ _ __
Operator/Manager's Name: !.. a ~ /2. :Jones
Business Address:
1
Reason for Review: · ?'
. New License fr) ~ransfer of Ownership )Zl Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
---------------------------
Deadline for receipt of all information: _ _ _ __ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved D Owing D Amount:
· Fire/Inspections Approved C( Denied • Remaining Defects •
tZFJ?/'dU-~ bax-.,,(__ / J / /4- /&e_-f- · i--f-
C( rl -:t=...u..rca<~"'> ' /ou I,. :.-v ,:a .,,{ AV"-/2 ~A
.5'G l:..cto f,:..,,:.{_ ,?vi6-·(!_ t?/,,,erd · 6y :::z:;.,,.;.:.5P¥/S ,r<..C/ie..w/:J
Cov-f- .,.c1e_-(-..,,.s /Jor (C /t--./- l(L// /4J . Lv) W --/e-rA.J
Department Signature ~v ~~L
Please return to the City Clerk's O f ~
Gail A. Kundinger, .
.
Liquor License Coordinator
,❖IU•il·S33#fiiiW#i➔U#riifili®fli❖i,iiiluhU·R·iiM4:i3¥·1i'!ib@Hii'Emi1•,M@-i,i@ti•liM1143'1M1@1 1 i4+1Ui@M·GI¾
WEST MICHIGAN CORPORATE CKS
744810/2724 71263
~
WEST MICIDGAN CREDIT UNION
1319 Front St NW
~..?
"--~
Grand Rapids, MI 49504
(616) 451-4567
VOID AFTER 90 DAYS
01/04/07 $*****250.00
Memo: LACY G. JONES
TWO HUNDRED·FIFTY & 00/100**********************************************
PAY
TO THE
ORDER OF
CITY OF MUSKEGON
~4:L
11 1 0000 7 l. 2 i::, :ln' 1: 2 7 2 t,8 l.001,1: l.000 "l "l "l 7 50080 ?n•
1
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D
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Sa,
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tt'~
! IA file., t,
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'°.::r- Postage $
D Certmed Fee
D
D Return Reca!pt Fee
{Endorsement Required)
D Restricted Delivary Fee
D (Endorsement Required)
.-'I
D
Total Postage & Fees $
~ =,=n,=o--C'G<.-.+~-.~«.~"J--,O-r-~---,.,-_-/✓~.,-------,
r- Street,Apt. No~·--··· ~--'--"=.;...:;::...;oc.,.c...._ _ __
or PO Box No.
Oliy, S t a t e , Z I P + 4 ; - - - - - - - - - - - - - - - - - -
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete A. Signature
!ten\ 4 if Restricted Delivery Is desired. D Agent
• Print your name and address on the-reverse X D Addressee
so that we can return the card to you. B. Receive C. Date of Oe!lvery
• Attach this card to the back CH the mc1.i1plece,
or on the front if space permits.
D Yes
1. Article Addressed to:
• No
Liquor Control Commission
7150 Harris POST OfFICf: SOX 30026
PO Box 30005 3. Service Type
Lansing, MI 48909-7505 )1 Certlfled Mall D Express Mall
D Registered D Return Receipt for Merchandise
D Insured Mail D C.O.D.
4. Restricted Delivery? (EKtra Fee) • Yes
2. Afticle Number
(Transfer from
7006 0100 0004 8340 7107
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
Affinnativc Action
(231 )724-6703
FAX (231)722- 1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231)724-67 83
FAX (231 )726-5617
City Manager
(231 )724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231 )724-4405
Clerk
(231 )724-6705
FAX (231 )724-4178 January 24, 2007
Comm. & Neigh.
Services
(231 )724-6717
FAX (231 )726-250 I
Engineering Liquor Control Commission
(231 )724-6707 7150 Harris
FAX (231 )727-6904
PO Box 30005
Finance Lansing, MI 48909-7505
(231 )724-6713
FAX (231 )724-6768
Fire Department REF: Req ID #380192
(231 )724-6792 D & L of Michigan, LLC
FAX (231 )724-6985
435 & 441 W. Western
Income Tax Muskegon, MI 49440
(231 )724-6770
FAX (231 )724-6768
Info. Technology
To Whom It May Concern:
(231 )724-4126
FAX (231)722-4301
Enclosed is the Resolution, Form LC-1800, Form LC-1636, print card and check
Inspection Services for D & L of Michigan, LLC. This was recommended for approval contingent
(231 )724-6715
FAX (231)728-4371 upon final inspection by the City Commission at their January 23, 2007, City
Leisure Services
Commission Meeting.
(231 )724-6704
FAX (231)724-1196
Please do not hesitate to call me at (23 I) 724-6705 if you have any questions.
Mayor's Office
(231)724-6701
FAX (231)722-1214 Sincerely,
Planning/Zoning
(231 )724-6702
FAX (231 )724-6790
Pol ice Department Linda Potter
(231)724-6750
FAX (231 )722-5140 Acting Clerk
Public Works
(23 I )724-4100 enc.
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231 )724-6768
Water Billing
(231 )724-6718
FAX (231 )724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http: //-W'tvw.shorelineci ty.com
January 18, 2007
Commissioner Spataro, President
Nelson Neighborhood Assoc.
1567 Sixth
Muskegon, MI 49441
Dear Larry:
We have received letters from the Liquor Control Commission reference two
liquor license transfer requests. As you will see in your agenda packet, they are
for 555 W. Western (transfer of ownership), and 435-441 W. Western (transfer
from Notion Shores). On Tuesday, January 23, 2007, the City Commission will
review this request and determine whether or not it should be recommended for
approval.
You are being sent this notice because the City Commission would like to know
how the Neighborhood Association feels and would appreciate any comments that
they may have.
If you have any questions, please feel free to contact me at 724-6705.
Sincerely,
Linda Potter
Deputy Clerk
January 18, 2006
Mr. Lacy G. Jones
245 Eastern, SE
Grand Rapids, MI 49503-4734
Dear Mr. Jones:
This letter is to inforn1 you that your liquor license request for 435 and 441 W.
Western Avenue will be presented to the City Commission on January 23, 2007.
This meeting begins at 5:30 p.m. and is located in the City Commission
Chambers, 933 Terrace, Muskegon, ML
This request has also been sent to the Nelson Neighborhood Association for their
comments. It is Commission practice to let the Neighborhood Association know
of any liquor license requests that are located within their boundaries. This allows
for comments from the people who live there and not just from the owners of the
business' who are located there.
Sincerely,
Linda Potter
Deputy Clerk
cc: Attorney James Stariha
Date: January 23, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Liquor License Transfer
555 W. Western
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Ingalls Business Acquisition,
Inc. to transfer ownership of the 2006 Class C-SDM Licensed Business
with Dance Permit and Outdoor Service located at 555 W. Western from
James Adolph Dinger.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Request ID# 380200
2007-0B(c)
RESOLUTION
At a _ _ _R_e_g=---u_l_a_r________ meeting of the City Cammi ss ion
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on January 23, 2007 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Carter and supported by Commissioner Shepherd
That the request to TRANSFER OWNERSHIP OF 2006 CLASS C LICENSED BUSINESS WITH
DANCE PERMIT, LOCATED AT 555 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON
COUNTY, FROM JAMES ADOLPH DINGER TO INGALLS BUSINESS ACQUISITION, INC.
be considered for _______A_p_p_r_o_v_a_l_____________________
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: ___
7 _ _ _ _ _ _ _ __ Yeas: ___________
Nays: _ _o
________ Nays: ___________
Absent: __o________ Absent: _ _ _ _ _ _ _ __
It is the consensus of this legislative body that the application be:
- - - - - - - - -Recommended
- - - - - - - - - - - - - - - - - - - - - - - - for issuance
(Recommended or Not Recommended)
State of Michigan _ _ _ __,
County of Muskegon
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Cammi s s ion at a _____R_e_g_u_l_a_r_ _ _ _ _ __
(Township Board, City or Village Council) (Regular or Special)
meeting held on January 23, 2007
(Date)
(Signed) ~
(Township, City or Village Clerk)
/J(/;;;_
SEAL
933 Terrace, Muskegon, MI 49440
(Mailing address of Township, City or Village)
LC-1305 (Rev. 08/2006) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436. 1501 national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to !his agency.
Penall : No License
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www.muskegonpolice.com Phone: 231-724-6750
Muskegon,Michigan FAX: 231-722-5140
49443-0536
January 17, 2007
To: City Commission through the City Manager
From: ~ L . l~
t ny L. Kleibecker, Director of Public Safety
Re: Liquor License Request - 555 W. Western Ave.
Transfer of 2006 Class C- SDM Licensed Business
The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation from applicant William L. Ingalls who represents Ingalls Business Acquisition, Inc. of
Muskegon, MI. Mr. Ingalls resides at 3736 South Baker Street, Muskegon, MI. 49444.
Ingalls Business Acquisition, Inc. is requesting to transfer ownership of2006 Class C-SDM licensed
business with Dance Permit and Outdoor Service (1 Area), located at 555 W. Western, Muskegon, MI.
49440 from James Adolph Dinger, the current owner.
Mr. Ingalls has had no experience in the alcohol service industry but has been made aware of the
Muskegon Police Departments position on enforcing local alcohol laws and ordinances.
A check of Muskegon Police Department records and criminal history showed no reason to deny this
request.
ALK/kd
R r.·v
I D
JAN 1 7 2007
IVIUSf(EGON POLICE DEPT.
CHIEF of POUGE
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 01-17-07
Re: Liquor License Transfer
ChiefKleibecker,
The Muskegon Police Deparhnent has received a request from the Michigan Liquor
Control Commission for an investigation from applicant William L. Ingalls who
represents Ingalls Business Acquisition, Inc. of Muskegon, MI. Mr. Ingalls resides at
3736 South Baker Street, Muskegon, MI. 49444.
Mr. Ingalls is requesting to transfer ownership of 2006 Class C-SDM licensed business
with Dance Pe1mit and Outdoor Service (1 Area), located at 555 W. Western, Muskegon,
MI. 49440 from James Adolph Dinger, the current owner.
Mr. Ingalls has had no experience in the alcohol service industry but has been made
aware of the Muskegon Police Departments position on enforcing local alcohol laws and
ordinances.
A check ofMPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Det. Kurt Dykman
data/detective/dykman/word/liquor/Ingalls
" ' ~ \. '(,· ·,1 \ \~"\
Michiga,. Oepartment of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505 Request ID# 380200
Business ID# 183775
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
November 14, 2006
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: INGALLS BUSINESS ACQUISITION, INC.
Home Address and Telephone No. or Contact Address and Telephone No.:
WILLIAM L. INGALLS, 11, 3736 SOUTH BAKER STREET, MUSKEGON, Ml 49444
H(231 )830-0733/6(231 )722-2401
The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998. For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.
For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. 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 MLCC as soon as possible.
If you have any questions, please contact the On-Premises Section of the Licensing Division as (517)
636-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4)]
November 14, 2006
MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID#: 380200
Applicant:
INGALLS BUSINESS ACQUISITION, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C-
SDM LICENSED BUSINESS WITH DANCE PERMIT AND OUTDOOR SERVICE (1 AREA), LOCATE[; AT
555 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY, FROM JAMES ADOLPH DINGER.
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, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.
If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.
sfs
LC-1972(Rev. 09105)
Authority: MCL 436.1201(4)
The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
I
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penall": No Ucense
Michigan t.Jepartment of Labor & Economic Growth
FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505 Request ID# 380200
Business ID# 183775
POLICE INVESTIGATION REPORT
[Authorized by MCL 436.1217 and R 436.1105; MAC)
Please conduct your investigation as soon as possible, complete all four sections of this report and return the
completed report and fingerprint cards to the MLCC
LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
INGALLS BUSINESS ACQUISITION, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2006 CLASS C-SDM LICENSED
BUSINESS WITH DANCE PERMIT AND OUTDOOR SERVICE {1 AREA), LOCATED AT 555 W . WESTERN, MUSKEGON,
Ml 49440, MUSKEGON COUNTY, FROM JAMES ADOLPH DINGER.
I Section 1. APPLICANT INFORMATION
APPLICANT #1: APPLICANT #2:
WILLIAM L. INGALLS, II - STOCKHOLDER
3736 SOUTH BAKER STREET
MUSKEGON, Ml 49444
H(23~)830-0733/8(231 }722-2401
I DATE FINGERPRINTED: 1 _ 17 _0 DATE FINGERPRINTED:
7
I
DATE OF BIRTH:1
/V < 3I ~ 6Y DATE OF BIRTH:
Is the applicant a U.S. Citizen: D Yes D No* Is the applicant a U.S. Citizen: D Yes D No*
I
*Doe;; the applicant have permanent Resident Alien status? *Does the applicant have permanent Resident Alien status?
Yes • No* • Yes • No* •
*Doef the applicant have a Visa? Enter status: *Does the applicant have a Visa? Enter status:
**Attach the finqerprint card and $30.00 for each card and mail to the Michiqan Liquor Control Commission** __J
ARREST RECORD: Felony •
Misdemeanor ARREST RECORD: • 0 Felony Misdemeanor •
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed a;Jd dated
report if more space is needed) report if more space is needed)
['-S-=-e=--=c--=-ti--=-o.:..:..
n-=2.:......_ _ _ __ ____:_:IN-=-V=----=E=--=S:.. . :T-=-
IG=-=A--=-T:...:.10.::::.. :. . :.N---=O:.. :.-F--=B
-=-U
-=-S=-=l.:. .:.N=.ES-=-S=---=----=A=--=N=D--=-A-=D:....::D:.. .:.R.:. :. E=-=S-=S-'T:.. . :O=---=B=
E -=
L.:...::
IC:....::E:..:..N.:...::S-=E=D- -- -- ~
Does applicant intend to have dancing, entertainment, topless activity, or extended hours permit?
• No es, complete LC-1636
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 all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ~ s 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? Ji)' Yes D No
2. Is the proposed location satisfactory for this business? ~es No •
3. Should the Commission grant this request? ftYes No ' 'I •
4. If any of the above 3 questions were answered no, state your reasons: (Attach a s igned and dated report if more space is needed) .
I-
Date
MUSKEGON POLICE DEPARTMENT
LC-1800 (Rev. 07 /06) The Department of Labor & Economic Grow1h will not discriminale against any individual or group because of race, sex, religion, age,
Authority: M CL 436.1217 and R 436.1105; MAC national origin, color, marital stalus, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalt : No License
Michigan l.Jepartment of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# 3=8=0=2=00~--
Lansing, Michigan 48909-7505
Business ID# 183775
LAW ENFORCEMENT RECOMMENDATION
[Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]
November 14, 2006
TO:
Re: INGALLS BUSINESS ACQUISITION, INC.
We have received a request !rom the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
request should be directed to the MLCC Licensing Division at (517) 322-1400.
• OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays AM. to AM.
Sundays AM. to AM./P.M.
D Recommended D Recommended, subject to final inspection D Not Recommended
NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
must complete the box below. If additional space is needed please use reverse side of this form.
• OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays AM. to AM.
Sundays AM. to AM./P.M.
D Recommended D Recommended, subject to final inspection D Not Recommended
~ DANCE PERMIT
[:zg Recommended D Recommended, subject to final inspection D Not Recommended
• ENTERTAINMENT PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
• TOPLESS ACTIVITY PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
(
Law Enforcement Recommendation (cunt'd)
Page 2
November 14, 2006
~ OUTDOOR SERVICE
cg] Recommended D Recommended, subject to final inspection D Not Recommended
• PARTICIPATION PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
• ADDITIONAL BAR PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
• OTHER .r
D Recommended D Recommended, subject to final inspection D Not Recommended
Signed:
)(0:=L. . I ~
Signature and Title
Print Name and Title
MUSKEGON POLICE DEPARTMENT
Date: _ _ /_-_/_
7 _- (17
_ _ __ __ _
LC-1636 (Rev. 0812006) The Department oJLabor & Economic Growth will not discrirrinate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1916, R 436.11 05(2)(d) and national origin, col or, marital status, disability, or political beliefs. H you need help with reading, writing, hearing, etc., under the Americans
R436.1403 with Disabilities Act, you may make your needs known to lhis agency.
Compl etion : Mandatory
Penallv: No License and/or Permit
LIQUOR LICENSE REVIE\V FORIVI
Business Name: _____f____lJ ½..._s_
.,.,v,,,_.%:.....9...../;.... . .= s= --..../4.··. . ;---~--/s
,,_A._.a-~=t"""'~.es . . __ h_7o""""·/7-""/---k=---a""----c_•_
1__
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name_: _ __,.,U"'""½__· ,_,_//-'-/=q=m'---.....L::.:...._...,Ig;......,.,.z;;q"'-'""-ffi
. . ......s:.,,_1 ____.,};_,_1/_ __
Business Address: 5~ Ir/ We sfeco
Reason for Review:
. New License D Transfer of Ownership JZI Dance Permit D
Drop/Ad.d Name on .License D Transfer Location tJ
Drop/Add Stockholder Name D New Entertainment Permit D
Other
------ ------------------------ --:---
Deadline for receipt of all information:
Public Safety Approved p?P Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
Clerk's Approved • Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~ L- . I ~ ·. ·
to
Please return the City Clerk'sffke . .
Gail A. Kundinger, .
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORlVI
AKA Business Name (if applicable): _ _ _ __ _ _ _ _ _ _ _ _ __
u. . .
1/. ./. ....q.....,m'---.....,l=--._ . -Tg;~-g;q........_ffi.....,s:,,_/.........b....l ___
Operator/Manager's Name.: ____ 0.....·.....
Business Address: 5 __,-5 !J. Wes f era
Reason for Review:
. New License D Transfer of Ownership ]ZI Dance Permit D
Drop/Add Name on.License D Transfer Location tJ
Drop/Add Stockholder Name D New Entertainment Permit D
Other
--------------'----- ------------ -
Deadline for receipt of all information: _ __ _ _ _ _ _ _ _ _ __ _
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved ~ Owing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved • Denied D Pending.ZBA •
Clerk's Approved D Owing D Amount:
· Fire/Inspections ApprQved D Denied D Remaining Defects D
Department Signature CJt ~n9:1 ---------
Please return to the City Clerk's Office
Gail A. Kundinger, .
Liquor Lice.nse Coordinator
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
l✓1/. /. .q.,...m
Operator/Manager's Name.: _____U.._½......·..... . . ____...,.!""-.--~;...,;;,,.--gq.._. . _//:-s:,_,........../.....1/___
Business Add.ress: 5~ -IJ. Wesfcro
Reason for Review:
. New License D Transfer of Ownership Jg! Dance Permit D
Drop/Add Name on License D. Transfer Location - •
Drop/Add Stockholder Name q New Entertainment Permit D
Other
-------- ---------- -----------,---
Deadline for receipt of aJI information: _ __ __ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning J Approved ~ Denied D Pending ZBA •
Clerk's Approved • Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature
..
@:J ., Z ~
Please return to the City Clerkts Office
Gail A. Kundinger,.. . ..
Liquor Lice_n se Coordinator
LIQUOR LICENSE REVIE\V FORl,t
Business Name: _____f____,_1,.;,,,,,o:-%:....q. ./ .. . ,5 ..____./1
. . . .o"""'--5=t:....,./l.,_es=s;:;.......,d¢'-'-'-
. . · +!-"'-~'"""1
s;..;..1..c...A;...:1~'"""q,.,,_1 ____,L=~'"""'"a-'-c
__- _
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name_: ____ U.½
. . .·.4_1/,1·q_m
___ _ _j_._rg;"'""""'"...." r. q. . .....ffi_5:..,.. 1
_/
__ 1/___
Business Add.ress: 5 ~ IJ. Wesfcro
Reason for Review:
. New License· D Transfer of Ownership JZI Dance Permit D
Drop/Add Name on .License D. Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
------------------------------------
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
Public Sa_fety Approved D Denied D No Action Needed D
Income Tax Approved D Qwing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's .
Approved GI/ Owing D Amount:
· Fire/Inspections Approved D Denied D Remaining Defects D
'-/J{~ d c9rnk ~ up ~/4 -/oJz
~~ ~~~~
. Depa rim en I Signature . ~ .J;ie~
to
Please return the City Clerk's Office · .
Gail A. Kundinger, .
Liquor Lice_n se Coordinator
LIQUOR LICENSE REVIE\V FORlVI
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name_: --=di<:-½'-.'-J...l!..:...1.=q=m'---"""'L:.:....--I&,~-eq~ll:.-i.s:..,..---'-/,-'-1/_ __
1
Business Add.ress: 5_)f" /J. Wesfcco
Reason for Review:
. New License D Transfer of Ownership JZI Dance Permit D
Drop/Add Name on.License D. Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other
----------------------------------,--
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved • Owing • Amount:
Approved l3
/ Denied D
.
Fire/Inspections Remaining Defects D
Department Signature~/L_;_l-...µ~_:_....:._~~::::::::'.::::::~~....,i.~ - - - - -
Please return to the City Clerk's Off!J>'
Gail A. Kundinger, _
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORi,1
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
½. . .
Operator/Manager's Name: --"""'U..... ·,_,_//-'-/""'"q=m.___""""L::.:..•_ -.....Tg;~....,2;;"'-q....
11:...,,s:..-,___,_/-'-1/_ __
Business Address: 5 _)S !J. Wes f er a
Reason for Review:
. New License D Transfer of Ownership JZI Dance Permit D
Drop/Add Name on License D Transfer Location - •
Drop/Add Stockholder Name D New Entertainment Permit D
Other
---------------------------- ------:--
Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D ()wing D Amount:
Treasurer ·Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved ~ Owing D Amount:
· Fire/Inspections Approved Denied D Remaining Defects D
Department Signature._ _ _- ' - - ~~ ~.;__.:..__~.:ti--- - - -- - - -
Please return to the City Clerk's Office
Gail A. Kundinger, _
Liquor License Coordinator
w11,.LIA1111 ~- 1NGAi1,.s 11
2669.
·--:··,,-_-.
. '. 3736 S, BAKER ST,
MUSKEGON, Ml 49444 Date lbz¼'Z '74-33"01/2724
D
January 18, 2006
Mr. William L. Ingalls
3736 South Baker Street
Muskegon, MI 49444
Dear Mr. Ingalls:
This letter is to inform you that your liquor license request for 555 W. Western
Avenue will be presented to the City Commission on January 23, 2007. This
meeting begins at 5:30 p.m. and is located in the City Commission Chambers, 933
Terrace, Muskegon, MI.
This request has also been sent to the Nelson Neighborhood Association for their
comments. It is Commission practice to let the Neighborhood Association know
of any liquor license requests that are located within their boundaries. This allows
for comments from the people who live there and not just from the owners of the
business' who are located there.
Sincerely,
Linda Potter
Deputy Clerk
January 18, 2007
Commissioner Spataro, President
Nelson Neighborhood Assoc.
1567 Sixth
Muskegon,MI 49441
Dear Larry:
We have received letters from the Liquor Control Commission reference two
liquor license transfer requests. As you will see in your agenda packet, they are
for 555 W. Western (transfer of ownership), and 435-441 W. Western (transfer
from Norton Shores). On Tuesday, January 23, 2007, the City Commission will
review this request and determine whether or not it should be recommended for
approval.
You are being sent this notice because the City Commission would like to know
how the Neighborhood Association feels and would appreciate any comments that
they may have.
If you have any questions, please feel free to contact me at 724-6705.
Sincerely,
Linda Potter
Deputy Clerk
Affinnative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(23 I)724-6708
FAX (231 )726-5181
Cemetery
(231 )724-6783
FAX (231 )726-5617
City Manager
(231)724-6724
FAX (231 )722-1214
Civil Service
(231 )724-6716
FAX (231 )724-4405
Clerk
(231 )724-6705
FAX (231)724-4178 January 24, 2007
Comm. & Neigh.
Services
(231)724-6717
FAX (23 1)726-250 I
Engineering Liquor Control Commission
(231 )724-6707 7150 Harris
FAX (231)727-6904
PO Box 30005
Finance
(231)724-6713
Lansing, MI 48909-7505
FAX (231 )724-6768
Fire Department REF: Req ID #380200
(231 )724-6792 Ingalls Business Acquisition, Inc .
FAX (231 )724-6985
555 W. Western
Income Tax Muskegon, MI 49440
(231 )724-6770
FAX (231 )724-6768
Info. Technology To Whom It May Concern:
(23 1)724-4 126 \
FAX (231)722-4301 \
Enclosed is the Resolution, Form LC-1800, Fann LC-1636, print card and check
Inspection Services for Ingalls Business Acquisition, Inc. This was recommended for approval by the
(231)724-67 15
FAX (231 )728-437 1 City Commission at their January 23, 2007, City Commission Meeting.
Leisure Services
(231 )724-6704 Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX(23 1)724-1196
Mayor's Office Sincerely,
(231 )724-670 I
FAX(231)722- 1214
Plaruting/Zoning
(231 )724-6702
FAX (23 I )724-6 790
Linda Potter
Police Department Acting Clerk
(231)724-6750
FAX (231 )722-5140
Public Works
enc.
(231 )724-4 I00
FAX (23 I )722-41 88
Treasurer
(23 I )724-6720
FAX (231 )724-6768
Water Billing
(23 1)724-67 18
FAX (231 )724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Agenda Item No. _ _ __
City Commission Meeting _ _ _ _ _ _ __
Date: January 12, 2007
To: Honorable Mayor and City Commission
From: Department of Public Works
Re: Traffic Department materials and services 2007
SUMMARY OF REQUEST:
Annual contract with the Muskegon County Road Commission (MCRC) for the joint
purchase of various Traffic Department materials and services. We have bid out these items
with MCRC for the past seventeen years. By bidding together with MCRC and other
municipalities we are able to get better unit prices because of larger quantity purchases.
FINANCIAL IMPACT:
Sign materials and services to be jointly bid:
Sign blanks ............................................... $1,200.00 est.
Sign posts ................................................ $1,600.00 est..
Sign sheeting ............................................. $2,000.00 est.
Ready Made Signs ..................................... $5,000.00 est.
Centerline painting .................................... $15,000.00 est.
Total $24,800 ($21,700 in 2006)
BUDGET ACTION REQUIRED:
None, this item is requested each year in the appropriate Highway budgets.
STAFF RECOMMENDATION:
Approve the continued joint purchasing with the Muskegon County Road Commission for
sign materials and services.
Cin, of Muskegon
Traffic Department
Memo
To: Bob Kuhn
From: Dan Gomez
Cc: Doug Sayles
Date: 01-12-07
Re: Sign Materials & Services: Annual Contract
Again this year we are requesting permission to bid jointly for our sign materials and services with the
Muskegon County Road Commission as we have done the last seventeen years. They are getting ready to go
out for bids on the following items and thus we do not have any actual quotes for 2007.
For sign blanks:
2003 2004 2005 2006
sign blanks $1.34/sq. ft. $1.56/sq. ft. $1.85/sq. ft. $2.20/sq.ft.
For sign posts:
2003 2004 2005 2006
2# x11 'posts $6.08/ea. $9.24/ea. $10.10/ea. $10.42/ea.
3# x12'posts $9.96/ea. $15.12/ea. $16.53/ea. $17.05/ea.
For sheeting: Our standard has always been 3M sheeting, they are the only bid usually received by MCRC,
they like us, use 3M sheeting exclusively, however we recently purchased our 3M roller, as did MCRC, and no
longer have to buy a minimum order to keep the roller they originally gave to us to maintain the warranty on their
sheeting. Other competitive sources are also bid out.
Finished Signs: Most finished signs were purchased through competitive venders, but MCRC is starting to
purchase these signs in the bid system for a considerable savings. We have purchased some signs this way
the last three years and will continue to do so when purchasing in quantities.
Centerline painting: In 1997 M&M Pavement Marking, Inc. was awarded the bid and the contract was
extended every year at the same unit prices until 2004 when a 6% increase incurred to cover rising fuel and
material costs. The cost increased again in 2006 as much as 27%. MCRC went out for bids and as anticipated
there were substantial increases in the three bids received but everyone remained with M&M as they were the
low bidder. Some years were also affected by our own engineering projects where centerline painting is
contracted to a different painter when the road project is finished. The group purchasing approach has
continued to result in significant cost savings.
2003 2004 2005 2006
$10,737 (M&M) $10,006 (M&M) $11,666 (M&M) $14,719 (M&M)
Date: January 23, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Acceptance of Lakefront Dr. & Extension of Terrace streets into the
City's Street System
SUMMARY OF REQUEST:
Adopt the attached resolution, including exhibits A & B (drawing & descriptions
respectively), accepting Lakefront Dr. and the extension of Terrace Street between
Shoreline Dr. & Lakefront Dr. into the City's street system. Furthermore, it is requested
that the street name of Lakefront Dr. be changed to Viridian Dr. as has been used since
the road opened to traffic.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
RESOLUTION NO. 2007-08 ( f)
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City
Commission Chambers on --~J~a=n~u~a~r~Y~=2=3~----• 2007
RECITALS
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. The City of Muskegon owns fee simple title (warranty deed) to that certain streets known as Viridian Dr. and
Terrace Street Extension (section connecting Shoreline Dr. to Viridian Dr.).
2. It is necessary to furnish certain information to the State of Michigan to place this
street within the City's Local Street System for the purpose of obtaining funds under
Act 51, P.a. 1951, as amended.
NOW, THEREFORE, BE IT RESOLVED:
1. That the legal description of said street is described as:
See attached Exhibits A & B
2. That said streets are located within a City's right-of-way, are on City Property, and
are under the control of the City of Muskegon.
3. That said streets are public streets and are for public street purposes.
4. That said streets are accepted into the City Local Street System.
Resolution duly adopted.
YEAS Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and
Spataro
NAYS None
CITY OF MUSKEGON
By ~ QO. /Jii;;,
Linda S. Potter, Acting City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
rd
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the 2 3 day
of January , 20 07, and that the minutes of the meeting are on file in the office of the City
Clerk and are available to the public. Public notice of the meeting was given pursuant to and in
compliance with Act 267, Public Acts of Michigan, 1976.
dtnf¾ d .~
Linda S. Potter, Acting City Clerk
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I SOUTHERLYCORNEROF
BLOCK556,REVISEDPLAT
(OF 1903) OF CITY OF
MUSKEGON 0
NORTH
200
"'
/~ __,/ ,,'i!!Jfi,~&,,'f'1-- ~ I ?/10:,/4:,? "-..._ ',, ~ ~
~
1 SCALE IN FEET
BARRY L WILLIS {_ P.S. 36002 DA~ ....._ ....._ ....._ / .,,
Rev;sed·
FLEIS & VANDENBRINK ~ ', , ,/ CITY OF MUSKEGON
11: 1?11:11 lrlOA:l?Wi:i m:l§MS
2960 Lucerne Drive SE. Grand Rapids, Ml 49546
~ / LAKEFRONT DRIVE & TERRACE STREET
Phone: (616) 977-1000 Fox: (616) 977-1005 SKETCH OF DESCRIPTION
Dec., 12. 2006 3851
fir h. (!,
J8510eoc_rww / ~AOl:2'405 2 OF 2
DESCRIPTION
LEGAL DESCRIPTION FOR 66-FOOT WIDE ROADWAY (LAKEFRONT DRIVE):
Part of Blocks 554 and 558 of the Revised Plat of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County Records, described as follows:
COMMENCING at the most Southerly comer of Block 556 of said plat; thence N 62°44'00" W, 1248.69 feet along the Northerly line of Terrace Street extended; thence
Westerly, 269.86 feet along said Northerly line on a 302.48 foot radius curve to the left, the long chord of which bears N 88°17'30" W, 261.00 feet; thence N 46°09'15" W
85.84 feet along the line between Lots 5 and 6 of said Block 558 to a point being on the Northerly line of that parcel of land taken by the City of Muskegon for the
construction of Shoreline Drive, a pedestrian walkway and the relocation of the railroad right of way, (said Northerly line being described in Schedule A attached to City of
Muskegon Resolution No. 98-87(f) and adopted by the City Commission on July 28, 1998): thence continuing along said line between lots 5 and 6 of said Block 558, N
46°09'15" W 448.41 feet; thence N 27°25'55" E 231.86 feet to the POINT OF BEGINNING of the centerline of a 66 foot wide roadway: thence S 62°34'05" E, 9.14 feet;
thence Southeasterly, 39.05 feet on a 69.00 foot radius curve to the right, the long chord of which bears S 46°21'20" E, 38.53 feet; thence continuing Southeasterly, 59.99
feet on a 106.00 foot radius curve to the left, the long chord of which bears S 46°21'20" E, 59.19 feet; thence S 62°34'05" E, 359.50 feet; thence Northeasterly, 353.43 feet
on a 225.00 foot radius curve to the left, the long chord of which bears N 72°25'55" E, 318.20 feet; thence N 27°25'55" E, 125.80 feet; thence Northeasterly, 228.39 feet on
a 200 foot radius curve to the right, the long chord of which bears N 60°08'46" E, 216.18 feet; thence S 87°08'22" E, 299.82 feet; thence Southeasterly, 208.01 feet on a
200.00 foot radius curve to the right, the long chord of which bears S 57°20'40" E, 198.76 feet; thence S 27°32'58" E, 150.27 feet; thence Southeasterly, 267.92 feet on a
257.00 foot radius curve to the left, the long chord of which bears S 57°24'52" E, 255.95 feet; thence S 87°16'46" E, 397.90 feet; thence Southeasterly, 81.60 feet on a
120.00 foot radius curve to the right, the long chord of which bears S 67°47'49" E, 80.04 feet to the North right of way of proposed Shoreline Drive and the POINT OF
ENDING of this 66 foot wide roadway description. Together with and subject to easements of record.
LEGAL DESCRIPTION FOR SO-FOOT WIDE ROADWAY AND 85-FOOT RADIUS CUL-DE-SAC RIGHT-OF-WAY(TERRACE STREET):
Part of Blocks 554 and 558 of the Revised Plat of the City of Muskegon, as recorded in Uber 3 of Plats, Page 71, Muskegon County Records, described as follows: COMMENCING at the
most Southerly corner of Block 556 of said plat; thence N 62°44'00" W, 1248.69 feet along the Northerly line of Terrace Street extended; thence Westerly, 269.86 feet along said Northerly
line on a 302.48 foot radius curve to the left, the long chord of which bears N 88°17'30" W, 261.00 feet; thence N 46°09'15" W 85.84 feet along the line between Lots 5 and 6 of said Block
558 to a point being on the Northerly line of that parcel of land taken by the City of Muskegon for the construction of Shoreline Drive, a pedestrian walkway and the relocation of the
railroad right of way, (said Northerly line being described in Schedule A attached to City of Muskegon Resolution No. 98-87(f) and adopted by the City Commission on July 28, 1998);
thence continuing along said line between Lots 5 and 6 of said Block 558, N 46°09'15" W 448.41 feet; thence N 27°25'55" E 231.86: thence S 62°34'05" E, 9.14 feet: thence
Southeasterly, 39.05 feet on a 69.00 toot radius curve to the right, the long chord of which bears S 46°21'20" E, 38.53 feet; thence continuing Southeasterly, 59.99 feet on a 106.00 foot
radius curve to the left, the long chord of which bears S 46°21'20" E, 59.19 feet; thence S 62°34'05" E, 359.50 feet; thence Northeasterly, 281.02 feet on a 225.00 foot radius curve to the
left, the long chord of which bears N 81°39'04" E, 263.11 feet thence S 48°09'48" E, 64.05 feet thence Southeasterly, 74.60 feet along a 100.00 foot radius curve to the left, the long
chord of which bears s 69°00'31" E, 72.88 feet; thence S 87°15'08" E, 308.55 feet; thence S 02°51'38" W, 36.27 feet to the North right of way line of proposed Shoreline Drive and the
POINT OF BEGINNING of the centerline of an 80 foot wide right-of-way; thence N 02°51'38" E, 389.51 feet along said centerline to the centerline of Lakefront Drive, the center of a 85.00
foot radius cul-de-sac right-of-way and the POINT OF ENDING of this roadway centerline description. Together with and subject to easements of record.
;f:O}; lfi/C;;.~;;,\ Revised
FLEIS & VANDENBRINK .: GAP.TTY L
llJ 11:aat 1:1 llit@®:lrl!ftW@W:1e11a
2950 Lucerne o,;ve SE. Grand Ropjds, Ml 49545
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CITY OF MUSKEGON
LAKEFRONT DRIVE & TERRACE STREET
DESCRIPTION
I
Phone: (616) 977-1000 Fox: (616) 977-1005 BARRY L. WILLIS
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P.S. 36002 DATE
Dec., I 2, 2006 3851
Date: January 23, 2007
To: Honorable Mayor and City Commission
From: Engineering
RE: Grant Applications for Transportation Economic Development Fund
Category F (TEDF-F) & Congestion Mitigation Air Quality (CMAQ)
SUMMARY OF REQUEST:
Authorize staff, by adopting the attached resolutions, to submit the following:
1- A Transportation Economic Development Fund Category - F Grant application
requesting funds for the milling & resurfacing of Quarterline from the City limits
northerly to Marquette in 2008 & the reconstruction of Getty Street from Laketon to
Evanston in 2009.
2- A 2007 CMAQ application for a signal installation at Marquette &
Harvey/Broadmoor, traffic signals timing upgrades along the Laketon Ave. corridor
(5-signals). And a similar application for signals upgrade along Sherman and
various other locations in 2008. The signal upgrade will include LED lights.
FINANCIAL IMPACT:
A local share of 20% will be required for all projects.
BUDGET ACTION REQUIRED:
Amend the 2007 capital improvement budget to include the signal installation at Marquette
& Harvey/Broad moor for a $75,000 cost and signals upgrade along Laketon for an
estimated cost of $250,000 for construction of which only the engineering cost will use city
funds. The engineering cost is estimated at $30,000 and would come out of both, major &
local street funds. The signal upgrade project will have a maximum of three years
payback due to the energy saving.
STAFF RECOMMENDATION:
Adopt the attached resolutions and authorize staff to submit the grant applications.
COMMITTEE RECOMMENDATION:
Resolution No. 2007-0B(g 1 )
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION TO THE STATE OF MICHIGAN
TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION
WHEREAS, the Michigan Department of Transportation has made available grant
funding for the roadway project deemed necessary to advance economic
development projects; and
WHEREAS, the City of Muskegon desires to continue the improvements of it major
street system; and
WHEREAS, preliminary cost estimates associated with each project have been
identified,
NOW, THEREFORE, BE IT RESOLVED, that Staff is authorized to submit
application to the Michigan Department of Transportation - Transportation and
Economic Development Corporation in various amounts to be matched with local
resources.
rd
Resolved this 23 day of January , 2007
Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
Abstentions: None
2007-0S(g-)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on January 23,
2007. 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: cfuiAa ~ . IS»)L
Linda S. Potter, Acting City Clerk
Resolution No. 2007-0B(g 2 )
MUSKEGON CITY COMMISSION
CMAQ PROJECTS FOR 07, 08 & 09
RESOLUTION APPROVING APPLICATION TO THE STATE OF MICHIGAN
DEPARTMENT OF TRANSPORTATION
WHEREAS, the Michigan Department of Transportation has made available grant
funding for the roadway project deemed necessary to advance Congestions
Mitigation Air Quality projects; and
WHEREAS. the City of Muskegon desires to continue the improvements of its
major street system; and
WHEREAS, preliminary cost estimates associated with each project have been
identified,
NOW, THEREFORE, BE IT RESOLVED, that Staff is authorized to submit
application to the Michigan Department of Transportation in various amounts to be
matched with local resources.
Resolved this 23 rd day of January , 2007
Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and
Spataro '
Nays: None
Abstentions: None
2007-08(t)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on January 23,
2007. 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:~ QQ
Linda S. Potter, Acting City Clerk
Date: January 23, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Agreement for Engineering Services
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement, copy of which is
attached, with ALBERT R. POSTHUMA a retired professional engineer to provide
assistant to the engineering department in the analysis and design for the Clay Hill
Area. This short term contract, if approved, will provide the city with the best of both
worlds, having an experienced local engineer without having to pay for the overhead of
an engineering firm.
Furthermore, it is respectfully requested that staff be authorized to extend and/or
terminate said agreement to best serve the city.
FINANCIAL IMPACT:
Approximately $10,500 based on an es
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To authorize staff to enter into an agreement with Mr. Posthuma.
COMMITTEE RECOMMENDATION:
2007-0S(h)
AGREEMENT FOR PROFESSIONAL SERVICES
(REVISED 1/15/07)
This agreement is made between the CITY OF MUSKEGON ("City"), and ALBERT R POSTHUMA
("Posthuma") concerning professional personnel related services.
THE PARTIES AGREE AS FOLLOWS:
1.0 CONCERNING PROFESSIONAL SERVICES
I.I Posthuma agrees to perform, under the general direction of the City Engineer and the
administrative supervision of the City Manager, the tasks as a professional engineer relevant to
the evaluation and design of the clay hill area sewer pro;ect.
1.2 By this agreement Posthuma is appointed, for its term, as a professional Engineer for the City of
Muskegon.
1.3 Posthuma will perform said services at such times that are reasonably necessary as directed by the
City Engineer to carry out his commitments, obligations and services contracted for.
2.0 COMPENSATION FOR SERVICES
2.1 The City will compensate Posthuma $75.00 per hour. Posthuma shall invoice the City for time
spent and City shall pay Posthuma based upon that invoice. No other forms of compensation are
applicable.
3.0 TERM AND TERMINATION
3.1 This agreement is effective 02/0 l/2007, and will continue until 02/01/2008 or until the design is
completed and the profrct is bid, whichever shortest, unless terminated earlier upon a written
notice by the City.
Renewals or extensions may occur on a mutually acceptable terms.
3.2 The City and Posthuma reserve the right to terminate this agreement upon a two week written
notice.
4.0 GENERAL AND SPECIFIC CONDITIONS
4.1 Posthuma agrees that he is an independent contractor. He is required by this contract only to
render services at such times and on such schedules as agreed upon between Posthuma and the
City Engineer. Posthuma acknowledges that he is not an employee, that he has no rights to
benefits, withholding of FICA contributions, tax withholding, unemployment, workers
compensation, pension credits, insurance for active employees or other employment fringe rights
or benefits, and that his compensation is limited to the hourly compensation set forth above.
4.2 Posthuma agrees to exercise his best effort to avoid representation of any person, party, or entity in
any cause contrary to the interest of the City. He will also desist from representing any person,
party, or entity on any matter in which the City is or may become an opposing party.
4.3 Posthuma agrees to obtain and maintain Professional Liability Insurance in the amount of
$1,000,000 (limit of liability per claim and annual aggregate) during the term of this Agreement.
The insurance coverage will apply to wrongful acts by the insured, including any actual or alleged
act, error or omission in the rendering of or failure to render professional services for the City.
The City will notify Posthuma of any potential claims within 30 days of the termination of this
Agreemenl
Commission Meeting Date: January 23, 2007
Date: January 12, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~L,
RE: Zoning Ordinance Amendment - ZBA Newspaper Public
Notice
SUMMARY OF REQUEST:
Request to amend Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV
(Zoning Board of Appeals) regarding newspaper public notice for Zoning Board of Appeals
public hearings.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the language regarding
newspaper notice of ZBA public hearings.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 1/11 meeting. The
vote was unanimous with T. Hanyinan, and J. Aslakson absent.
1/12/2007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
January 11, 2007
Hearing; Case 2007-01: Staff initiated request to amend Section 2504 (Hearings Notices,
and Adjournments, #1) of Article XXV (Zoning Board of Appeals) to meet the requirements
of the Michigan Zoning Enabling Act, Act 110 of 2006, regarding Zoning Board of Appeals
newspaper public notice.
BACKGROUND
When this same section came to Planning Commission for amendment in October 2006, staff
overlooked some language that should have been deleted. All notices must be served at least
15 days prior to the day of the hearing. The old requirement was 10 days (excluding
Saturdays, Sundays, and holidays). The new Zoning Enabling Act clarified this time frame by
just requiiing a simple 15 days notice requirement. That means we may delete the language
referring to those additional days.
NEW LANGUAGE
Deletions are crossed out and additions are in bold.
1. When an application or appeal has been filed in proper form and with the required
date, the Zoning Administrator shall immediately place said application or appeal
upon the calendar for hearing and cause notices, stating the time, place, and plllposes
of the hearing being served. Such notices shall be published in a newspaper of general
circulation and served personally or by mail at least fifteen (15) days (eirnluding
Satufdays, SUHdays, and holidays) prior to the day of such hearing, upon the applicant
or appellant, the Building Inspector, the owners of property and the occupants of
single and two-family dwellings within three hundred (300) feet of the property in
question. If the tenant's name is not known, the notice may be addressed to the
occupant.
Any pruty may appear at such hearings in person or be represented by agents,
attorneys, or both.
DELIBERATION
I move that the amendment to Section 2504, #1, of Article XXV, (Zoning Board of Appeals),
of the City of Muskegon Zoning Ordinance, be recommended to the City Commission for
(approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2215
An ordinance to amend Section 2504 (Hearings, Notices, and Adjournments, #1) of
Article XXV (Zoning Board of Appeals) regarding newspaper public notice for Zoning
Board of Appeals public hearings.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV (Zoning Board of
Appeals) is amended regarding public notice for Zoning Board of Appeals public hearings, as
follows:
Changes to Section 2504, (#1): Zoning Board of Appeals
1. When an application or appeal has been filed in proper form and with the required
date, the Zoning Administrator shall immediately place said application or appeal
upon the calendar for hearing and cause notices, stating the time, place, and purposes
of the hearing being served. Such notices shall be published in a newspaper of general
circulation and served personally or by mail at least fifteen (15) days prior to the day
of such hearing, upon the applicant or appellant, the Building Inspector, the owners of
property and the occupants of single and two-family dwellings within three hundred
(300) feet of the property in question. If the tenant's name is not known, the notice
may be addressed to the occupant.
Any party may appear at such hearings in person or be represented by agents,
attorneys, or both.
This ordinance adopted:
Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and
Spataro
Nayes: None
Adoption Date: January 23, 2007
Effective Date: February 6, 2007
First Reading: _ _Ja_n_u_a_r_y_2_3_,_20_0_7_ _ _ _ _ _ _ _ __
Second Reading:_N_/A
_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~ gQ_/!;&
Linda S. Potter, CMC, Acting City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
23 day of January, 2007, at which meeting a quornm was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby.
DATED: _ _J_a_nu_a_r_,,_y_23_ _, 2007.
Linda S. Potter, CMC
Acting Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
o2.3
Please take notice that on January)( 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2504 (Hearings, Notices, and Adjournments, #1) of Article XXV (Zoning
Board of Appeals) regarding the newspaper public notice for Zoning Board of Appeals public
hearings.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ,Toauqry c27 ,200¢7 CITY OF MUSKEGON
O'
By _ _ _ _ _ _ _ _ _ _ _ __
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
6
Date: 01/23/07
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST:
Authorize staff to purchase six (6) 2007 Crown Victories through the Macomb County
Purchasing Contract since it was the lowest responsible bid received for a total bid of
$123,582.
FINANCIAL IMPACT:
$123,582.00
BUDGET ACTION REQUIRED:
None. $150,000 was budgeted for this purchase.
STAFF RECOMMENDATION:
Authorize staff to purchase the vehicles using the Macomb County Purchasing Contract.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 01/23/07
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of six Crown Victoria
Police Interceptors for 2007. These vehicles will be set up with video systems, light
bars, and radar units and be used as police patrol cars.
I have requested prices from area dealers as well as the statewide purchasing
contract. The Macomb County Bid is the bid the equipment division is
recommending. Attached is a summary of the bids.
If the Commission wishes to implement the policy regarding local preference,
Tony Betten & Sons is within 1% of the lowest non-local bid and has a business
location in the City of Muskegon.
1
Equipment Purchase - 2007
Macomb Countl£ Great Lakes Ford Tonl£ Betten
3942 W. Lansing 2469 E. A12121e Ave 3839 Plainfield NE
Ty12e of Vehicle Perry Mi 48872 Muskegon Mi 49442 Grand Ra12ids Mi 49525
6 Crown Victoria $20,597.00 $20,783.00 $20,651.45
Police Interceptors
Total $123,582.00 $124,698.00 $123,908.70
Commission Meeting Date: January 23, 2007
Date: January 1 o, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development rJ!:l-,,..
RE: Public Hearing - Request to Establish an Obsolete Property
District - Sen Peevo, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Sen Peevo, LLC, PO
Box 1681, Muskegon, Michigan, has requested the establishment of an Obsolete
Property District. The district would be located at 902 Pine Street, Muskegon, Ml, the
former Pine Street Antique Mall. Total capital investment for this project is $1.3 million.
The project will result in the creation of several new jobs in the City.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution establishing an Obsolete Property District for 902
Pine Street, Muskegon, Ml.
COMMITTEE RECOMMENDATION:
1/23/07
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2007-l0(a)
A resolution establishing an Obsolete Property Rehabilitation District.
The City Commission of the City of Muskegon hereby RE SOLYES:
Recitals
A. The City of Muskegon has been designated as a qualified local government unit for the
purpose of establishing Obsolete Property Rehabilitation Districts and approving
Applications for Obsolete Property Rehabilitation Exemption Certificates.
B. The area located in the land described in this resolution is known to the City Commission
and is clearly characterized by the presence of obsolete commercial property, and the
land and improvements are obsolete commercial property.
C. Notice has been given by certified mail to the owners of all real property within the
proposed Obsolete Property Rehabilitation District and a hearing has been held offering
an opportunity to all owners and any other resident or taxpayer of the City to appear and
be heard. Said notice was given at least ten (10) days before the hearing.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. That the property described in this resolution and proposed as an Obsolete Prope1ty
Rehabilitation District is characterized by obsolete commercial prope1ty.
2. That the obsolete commercial property, the subject of this resolution, is described on the
Attachment A to this resolution.
3. That the City Commission hereby establishes an Obsolete Prope1ty Rehabilitation District
on the lands and parcels set forth in the attached description.
This resolution passed.
Ayes Carter, Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga
Nays None
CITY OF MUSKEGON
By ~ A . lllfu_
Linda S. Potter, CMC
Acting Clerk
2007-lO(a)
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 23,
2007. 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 dm~ J . ~
Linda S. Potter, CMC
Acting Clerk
ATTACHMENT A
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 11-16 BLK 189
Commission Meeting Date: January 23, 2007
Date: January 1 0, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ubL-
RE: Public Hearing - Request to Issue an Obsolete Property
Certificate - Sen Peevo, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, PCJ Enterprises, LLC,
749 Moulton Avenue, Muskegon, Ml, has requested the issuance of an Obsolete
Property Certificate for the property located at 902 Pine Street (former Pine Street
Antique Mall), Muskegon, Ml. The building is presently unoccupied, but will be
rehabilitated for use as the Muskegon Brewing Company & Distilling Company, a
restaurant/brew pub on the first floor of the building and residential on the second floor
of the building. Total capital investment for this project is $1.3 million. The project will
result in bringing several of new jobs to the City of Muskegon. Because of the amount
of investment, the applicant is eligible for a twelve (12) year certificate.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution issuing an Obsolete Property Certificate for 902
Pine Street, Muskegon, Ml for a term of twelve (12) years.
COMMITTEE RECOMMENDATION:
None
1123107
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2007-lO(b)
A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by SEN PEEVO, L.L.C.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property
Rehabilitation Exemption Certificate from Sen Peevo, L.L.C., to apply to the
improvements located in an Obsolete Property Rehabilitation District established by
previous resolution.
B. The City of Muskegon is a qualified local goverruuental unit as dete1mined by STC
Bulletin No. 9 of 2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located
was established after hearing on January 23, 2007, being the same date that the district
was established.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value
of properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does
not exceed five percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the
City Commission determines further that the said excedence will not have the effect of
substantially impeding the operation of the City of Muskegon or impairing the financial
soundness of any affected taxing units.
F. This resolution of approval is considered by the City Commission on May 11, 2004, after
a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on
this date.
G. The applicant, Sen Peevo, L.L.C., is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for twelve (12) years.
I. The City Commission finds that the property for which the Obsolete Property
Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of
Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is
functionally obsolete. The City has received from the applicant all the items required by
Section 9 of the application form, being the general description of the obsolete facility, a
general description of the proposed use, a description of the general nature and extent of
the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
be pmi of the rehabilitated facility, a time schedule for undertaking and complete the
rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment of the
district.
K. The application relates to a rehabilitation program that when completed will constitute a
rehabilitated within the meaning of PA 146 of 2000 and will be situated within the
Obsolete Property Rehabilitation District established by the City under PA 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the
issuance of the Ce1tificate, have the reasonable likelihood to increase commercial activity
and create employment; it will revitalize an urban area. The rehabilitation will include
improvements aggregating more than ten percent (10%) of the trne cash value of the
prope1iy at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twelve (12) months to
complete the rehabilitation. It shall be completed by January 23, 2008, or one year after
the Ce1tificate is issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the
City of Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set fo1ih in, and incorporating the recitals to this resolution,
the City Commission hereby approves the application filed by Sen Peevo, L.L.C., for an
Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of
twelve (12) years;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set
forth in Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant
shall comply with the representations and conditions set forth in the recitals above and in
the application material submitted to the City.
This resolution passed.
Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga, and Carter
Nays: None
CITY OF MUSKEGON
By ~ x0. &tiu,
Linda S. Potter, Acting City Clerk
2
2007-lO(b)
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on January 23, 2007. 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~ g2, ~
Linda S. Potter, Acting City Clerk
3
Michigan Department of Treasury
3674 {Rev. 6-05)
Application for Obsolete Property Rehabilitation Exemption Certificate
This form is issued as provided by P.A. 146 of 2000. This application should be filed after the district is established. This project will not receive tax
benefits until approved by the State Tax Commission. Applications received after October 31 may not be acted upon in the current year. This
application is subject to audit by the State Tax Commission.
INSTRUCTIONS: File the original and two copies of this form and the required attachments with the clerk of the local government unit. (The
State Tax Commission requires two copies of the Application and attachments. The original is retained by the clerk.) Please see State Tax
Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. The following must be provided
to the local government unit as attachments to this application: (a) General description of the obsolete facility (year built, original use, most
recent use, number of stories, square footage); (b )General description of the proposed use of the rehabilitated facility, (c) Description of the
general nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building equipment that will be a part of the
rehabilitated facility, (e) A time schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic
advantages expected from the exemption.
Expected project likelihood (check all that apply):
~~rease Commercial activity [}~tain employment ~Y,italize urban areas
r;:::r!'n~~rease number of residents in the
hlcreate employment ~revent a loss of employment
~ community in which the facility is situated
Indicate the number of jobs to be retained or created as a result of rehabilitating the facility, including expected, construction employment _ _
c::~2r··
Each year, the State Treasurer may approve 25 additional reductions of ha!fthe school operating and state education taxes
following box if you wish to be considered for this exclusion.
for a period not to exceed six years. Check the
APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, lo the best of his/her knowledge, no information contained
herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application ls being
submitted. Further, the undersigned is aware that, if any statement or information provided is untrue, the exemption provided by P.A. 146 of 2000 may
be in jeopardy.
The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as
defined by P.A. 146 of 2000 and that the rehabilitation ·of the facility would not be undertaken without the applicant's receipt of the exemption
certificate.
It is further certified that the undersigned is familiar wlth the provisions of P.A. 146 of 2000, of the Michigan Compiled Laws; and to the best of his/her
knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the
application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax Commission.
Name of Company Officer {no authorized agents) Telephone Number Fax Number
.c · · · . . ·z.kc<-- 2 9.3--77-{_p'i
ri..,1ai!ing Address
1,0."B0
--o llo3!
LOCAL GOVERNM~NT UNIT CLERK CERTIFICATION
Clerk must also complete Parts 1, 2 and 4 on Page 2. Part 3 to be completed by the assessor.
ISignatuce
IDate applicalion cecei,ed
FOR STATE TAX COMMISSION USE
IApplicalion Number IDate Received
902 Pine St Muskegon, MI 49442
Accompanying Documentation for Obsolete Property
Rehabilitation Exemption Application
Estimated Cost of Rehabilitation
Project rehabilitation total is $1.3 million including:
• Building purchase and renovations cost of$572,000 for the business
• Building renovations cost of $90,000 for the residential areas
• Building renovations cost of $40,000 for facade and window replacement
• $290,000 for equipment
• $100,000 in start-up costs, including licensing
Legal Description of Obsolete Property
• Tax ID# 6124205189001100
• Lots 11-16, Block 189, City of Muskegon Revised plat of 1903
• Lot Dimensions- 116 x 140
• Muskegon School District
• Annual Property Taxes - 3900
• Tax Year - 2004
• Zoning-B-
General Description of the Obsolete Property
• Year Built - 1920
• Original Use - Furniture Store
• Most Recent Use - Antique Mall
• Number of Stories - 2
• Square Footage - 13,000
General Description of the Proposed Use of the Rehabilitated Facility
The building will be rehabilitated to house the Muskegon Brewing & Distilling Company business and
provide residential space for the owners and renters. The company will produce high quality hand crafted
brews, brandy, and vodka in a microbrewery and distille1y to be served at a fresh food eatery and tasting
room Offering relaxing and comfortable surroundings, unparalleled service, and great tasting food and
drinks, the extraordinary atmosphere of the brewpub will surround customers with entertaining views of the
high quality and superb tasting beer, brandy, and vodka as it is being brewed and distilled. Off street
parking on comer of pine and Walton will be used by the company's employees and customers and tenants.
Description of the General Nature and Extent of the Rehabilitation to be Undertaken
• Old carpet removed
• Ceilings and flooring repaired and/or replaced
• Electrical and plumbing replaced to meet code
• Fire suppression added
• Handicap accessible restrooms added
• Reinforcement of flooring where needed
• Windows repaired and/or replaced
• Emergency exits repaired, added, or replaced where needed
• An elevator will be added to the building
• Replacement of interior stairways in the business
• Resurfacing of the parking lot
Descriptive List of the Fixed Building Equipment that will be a Part of the Rehabilitated Facility
• A large two door antique safe will remain in the building
Time Schedule for Undertaking and Completing the Rehabilitation of the Facility
• Construction for the business on the first floor is expected to begin February 1, 2007
• Construction for the,business is expected to be completed by June I, 2007
• Construction for the residential area is expected to be completed by November I, 2007
• Facade and window replacement is expected to be completed by February I, 2009
The Economic Advantages Expected from the Exemption
• Rehabilitation of the property
• Job creation and wages for additional employees
• Marketing of the business to bring revitalization and growth to the area
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: January 23, 2007
RE: Public Hearing
Spreading of the Special Assessment Roll
Lakeshore Dr., McCracken St. to 145' North Easterly of Vanderlinde St.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Lakeshore Dr. from
McCracken St. to 145' North Easterly of Vanderlinde St., and to adopt the attached
resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$ I 04, 120.38 would be spread against the sixty-six- (66) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2007-l0(c)
Resolution Confirming Special Assessment Roll
For Lakeshore Dr. from McCracken St. to 145' North Easterly of Vanderlinde St.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on March 14, 2006 at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Lakeshore Dr., McCracken St. to 145' North Easterly of Vanderlinde St.
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Gawron, Shepherd, Spataro, Wierenga, Carter, and Davis
Nays: None
Abstain: Warmington
City of Muskegon
By ~ ~ ,
Linda Potter, Acting City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on January 23, 2007.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of I 976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confinned on this date, being January 23, 2007.
City of Muskegon
By ~
Linda Potter, Acting City Clerk
EXHIBIT A
LAKESHORE DR., MCCRACKEN AVE. TO 145' NORTHEASTERLY OF
CENTERLINE OF VANDERLINDE ST.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section ofLakeshore Dr., Mccracken Ave. to 145'
Northeasterly of Centerline of Vanderlinde St.
LAKESHORE DR., MCCRACKEN ST. TO 145' NORTH EASTERLY OF
VANDERLINDE ST.
MAYOR'S ENDORSEMENT AND \VARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATEOFMICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1609 ,Lakeshore Drive, McCracken Ave. To 145' northeasterly of centerline of
Van Der Linde ST.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 11th DAY OF JANUARY 2007
~ tdtu
LINDA POTTER, ACTING CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
.)... DAY oF .Rr . Sl?w
o DA"/
0
, 2001.
~ 2 ~ '.cu . hi,-1-<~k:·
NOTARYPuc, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES b I~~~ s-- I
January 11, 2007
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 2
Property Parcel Number: 24-205-XXX-XXXX-XX at PROPERTY ADDRESS & STREET
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
LAKESHORE DR., McCRACKEN TO 145' NORTHEASTERLY OF CENTERLINE OF VAN DER LINDE
ST.
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JANUARY 23, 2007 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JANUARY 23, 2007 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-4712)
OR EMAIL ADDRESS: [email protected]. HOWEVER, UNLESS YOU PROTEST AT THIS
HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING,
YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $416,500.00 of which
$104,120.38 will be paid by special assessment. If the special assessment is confirmed, your property
will be assessed $1976.4 based on 120 feet assessable front footage at $16.47 per assessable foot for
the street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $1976.4 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $197.64 PER YEAR
Due Date: March 26, 2007
2
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assessment for financial assistance.
Sincerely,
/}!Jc;f:t~/Zf~ldMJ1/
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
LAKESHORE DR., McCRACKEN Ave. to
145' northeasterly of the centerline of VAN DER LINDE ST. AVE. H 1609
CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
r,=;====c;===c;===c;===c;=
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _ -_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _.Phone: _ _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate_ _ _ _ _ _ _ _Social Security# _ _-_ _._ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _
Name Birthdate_ _ _ _ _ _ __
ANNUAL Household Income: $_ _ __ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total:
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: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in support of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUSTRACTNO.
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
LAKESHORE DR., McCRACKEN A VE. TO
145' northeasterly of the centerline of VAN DER LINDE ST. H 1609
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive sidewalk replacement
program. City ordinances require that property owners be responsible for the repair/replacement of damaged or unsafe
sidewalks adjoining their properties. To assist homeowners, who may have difficulty paying the cost of sidewalk
repairs, the City offers assessment waivers through the Community Development Block Grant (CDBG) Program for
eligible households and families. If you meet the CDBG program qualifications, the City may pay the street assessment
for you to the extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
income.
2005
FAMILY SIZE INCOME LIMIT
1 $28,275
2 32,285
3 36,295
4 40,410
5 43,530
6 46,800
7 50,050
8 53,300
For each extra, add 3,250
✓ Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official document
showing both your name and address.
✓ AppHcants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon, MI 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and 5:00 p.m.
The City reserves the right to verify all application if/formation. If current owner sells the home prior to the special assessment corifirmation,
the application is no longer valid. The City also reserves the right to reject any applications that contains falsified information or insufficient
documentation. The City must complete the sidewalks. Costs incurred from repairs done by you or a private contractor will not be reimbursed.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
LAKESHORE DR., MCCRACKEN TO 145' NORTH EASTERLY OF VANDERLINDE ST.
And
MONTGOMERY A VE., LAKETON A VE. TO SOUTHERN AVE.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Lakeshore Dr. from McCracken St. to 145' north easterly of
Vanderlinde St.
And
All parcels abutting Montgomery Ave., from Laketon Ave. to Southern Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on January 23, 2007 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that have been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN ST ATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of these hearings is to hear objections to the assessment rolls and to approve, reject, or correct the said
rolls.
Linda Potter, Acting City Clerk
Publish: JANUARY 13. 2007
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the
meeting, upon twenty-four hours notice to the City. Contact:
Linda Potter, Acting City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (231) 724-6773
Acct# 643-60447-5267
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREA TE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Lakeshore Dr., McCracken Ave. to Laketon Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALE D ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 3rd DAY o~~~
~U .
GAIL A. KUNDINGER, CITY
~
ERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
o1-
CITY COMMISSIONER DATE
1/25/2007
Page 5 of 5
January 20, 2007
From: Laureen Felinski Samples, Representative
Bill W. Felinski Trust
3084 Lakeshore Dr.
Muskegon,MI 49441 RECEiVED
To: Muskegon City Commission
City of Muskegon
933 Terrace St. CHty Clerk,; Offl~&
P.O. Box 536
Muskegon,MI 49443-0536
RE: Street Improvement Assessment
Property Parcel # 24-205-596-0004-00 at 1930 Lakeshore Dr.
To Whom It May Concern:
The intent of this communique is to request a reduction of the $3121.06 assessment
assigned to our property from the recent street improvement. If you're not already aware,
the business at that location, Lakeview Mart (BP gas station and convenience store)
th
closed on August 9 after 3 7 years. This particular street improvement was the third on
Lakeshore Drive itself during that 37 years. In the last 3 years, there has been
construction on surrounding streets each summer. Each of these 6 "improvement"
projects significantly affected our business in a negative way. Drivers who made our
business their first daily stop in years past were forced to choose different routes to work
due to these projects. In most instances, once someone has become accustomed to a new
route to work, they often times continue on that route once their original route has
returned to being functional. The bottom line is that each of these projects cost us
customers and thus a reduction in business, in addition to the cost paid to the city each
time the project included Lakeshore Drive.
During the previous road improvement projects during which traffic was affected on
Lakeshore Drive, our business barely survived. When we were informed about the
upcoming Sept. 2006 road improvement project, we knew we could never survive it this
time. That's why we voted "No" when we were issued what we thought was an actual
ballot concerning the project. Learning that the project was scheduled to go ahead
anyway played a significant role in our decision to close the business.
Literal and figurative roadblocks present themselves to independent business owners on a
regular basis, and I understand that. What I don't understand is how those who have
owned businesses in this city for decades, and have thus paid again and again via taxes
and special assessments, for various projects therein, as well as having made all sorts of
sacrifices financial and otherwise to try and keep those businesses open and serving the
city, aren't shown the same consideration or given the same opportunities as those who
are now deciding to be a part of this city- in other words, those who are moving to or
building in downtown Muskegon. We are a private and proud family, and we don't
expect to be given anything that we haven't earned. At the same time, we don't feel it's
right to have to pay someone else's way, either.
We had a feeling that no matter how we "voted" on this project, it was going to happen
anyway. We voted against it, the project happened, and now one business is closed, and
our other business on Lakeshore Drive suffered a significant financial impact. It just
seems an unfair burden to have to shell out over $3,000.00 for the whole experience as
well.
It should be apparent that those of us who have been here for so long, believing in and
investing in this city well before those who are now showing an interest in the area
should be given the consideration of a break. Thank you for the opportunity to at least be
heard.
Sincerely,
x~;k~ 8&L1,~L
Laureen Felinski Samples, Representative
Bill W. Felinski Trust
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: Januaty 23, 2007
RE: Public Hearing
Spreading of the Special Assessment Roll
Montgomety Street, Laketon Ave. to Southern Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Montgomery St. from
Laketon Ave. to Southern Ave., and to adopt the attached resolution confirming the special
assessment roll.
FINANCIAL IMPACT:
A total of$90,964.99 would be spread against the fifty- (50) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2007-l0(d)
Resolution Confirming Special Assessment Roll
For Montgomery St. from Laketon Ave. to Southern Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on January 24, 2006, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten ( I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Montgomery St., Laketon Ave. to Southern Ave.
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confinnation.
This resolution passed.
Ayes: Shepherd, Spataro, Warmington, Wierenga, Carter, Davis, and
Gawron
Nays: None
City of Muskegon
By dmda ~
Linda Potter, Acting City Clerk
CERTIFI CATE
This resolution was adopted at a meeting of the City Commission, held on January 23, 2007.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby ce11ify that the special assessment roll referred to in this resolution was
confomed on this date, being January 23, 2007.
City of Muskegon
Linda Potter, Acting City Clerk
EXHIBIT A
MONTGOMERY ST., LAKETON AVE. TO SOUTHERN AVE.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Montgomery St. between Laketon Ave. and Southern Ave.
MONTGOMERY ST., LAKETON AVE. TO SOUTHERL'I AVE.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
CITY OF MUS
AFFlPAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1608, Montgomery St., Laketon Ave. To Southern Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 11th DAY OF JANUARY 2007
LINDA POTTER, ACTING CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
..) DAY OF 1illµtt.M'z( , 2007.
~~ Yh . /bone: (231) 724-6704 (Fax) (231) 724-1196
Applicant Organization :'.'h '. C..". t..
1
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Contact Person rv-.. \\i ,f\ C Ke.✓
Address "14(.(, l,J IA./ es-\e.,'I\ Av e
Daytime Phone J Z,(_,, • 'l C> 0 l Alt. Contact # -7 l '? 4 / 4, i
Spec\al Event Title 1"~ce(5 S \\0 w ';:'.2.::;·\ ·
Description of Eve.nt ;:i,Q..,'h"tl£ :'ie .,'\ / <;;, hDw •J o::\k~ bi\\\
Location of Event \,\)t~:,-\UV\ f\ve., b\ v,,, ~v·,, ~ -
w\t.v\., Si ~l \ S "'\ ( vvllt~~J/,[ I,
1
ar~e of Insurance Company ":)a,_ \1 ~ v 1,vi5 · l J. /Y}.r '-f'..)'> <-,"-f'O
City & Zip Code
( W l) 7LY- c.».s-<
Area Code and Phone Number
'IF REQUESTING TEMPORARY TOPLESS ACTIVITY OR THE TEMPORARY OUTDOOR SERVICE AREA IS
LOCATED ON CITY, VILLAGE OR TOWNSHIP PROPERTY, THIS APPLICATION MUST BE SIGNED BY THE CLERK.
This request was approved by the _c:..1_·t_y=--._c_o_m_m_i_s_s_i_o_n_ _ _ _ _ _ _On January 2 3 , 2007
City, Village Council or Township Board Date
dwiA/[J I~
City, Village, Township Clerk Signature
933 Terrace
Street Address
Muskegon, MI 49440
City & Zip Code
<231 1 724-6705
Phone Number
LC-146 Rev. 03/05
LC-146 Attachment: Diagram of Proposed Temporary Outdoor Service
12. Pro erfy Layout
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T
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.. - .......... ·-t--+---+"-i-+--+---+-t--+--1-"-i-+--+---+--;
A
FOURTH S T R E E T
North of Property ! Commercial Retail Property
I South of Property I I Private Parking
I East of Property I Closed City Street, Tented Area
! West of Propetty I Private Parking
' '
Heated outdoor tent 40 x 80 with exterior walls. Live band will
Property Info perform on temporary bandstand, dancing permitted directly in
·--- ---- ----
front of band area. ··--