City Commission Packet 01-23-2007

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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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                                                                            ! IA      file.,   t,
                                      0YIs~~
                           rn                 "
                           '°.::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
                                                                                                                                                                                                                                Erfi. A                                                                                                                                                                              ~'v- <:   1-       +-(.;:;   Sc..,__(-i;.
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                                                                                                                                                                                                                                                                                                       I
                                                                                                                                                                                                                                                                                                           I            SOUTHERLYCORNEROF
                                                                                                                                                                                                                                                                                                                        BLOCK556,REVISEDPLAT
                                                                                                                                                                                                                                                                                                                        (OF 1903) OF CITY OF
                                                                                                                                                                                                                                                                                                                        MUSKEGON                                                                               0
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                                             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
                                                                                               ~       l.:-9.~u~.~,~~'f
                                                                                                         Co !.A~O §
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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: TAXTRIB@MICHIGAN.GOV. 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
                                                                'j        "'    ~\,\ V..'   l (, Cl\            Rncc v-.e\<; De        WA,   \c v'v,'\   f.l r ; \~
 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


                                                                     w
                                                                     E

                                                                     s
                                                                     T

                                                                     E

                                                                     R

                                                                     N


                                                 .. - .......... ·-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.                                                ··--

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