City Commission Packet 09-14-2004

The text version may not contain all the information found in the PDF or Google Docs version.

View the PDF version Google Docs PDF Viewer

CITY OF MUSKEGON CITY COMMISSION MEETING SEPTEMBER 14, 2004 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: □ INTRODUCTIONS/PRESENTATION: □ CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Liquor License Request - Betak Enterprises Ill, Inc., 45 E. Muskegon. CITY CLERK C. Liquor License Request - Clover Bar, 817 E. Forest Ave. CITY CLERK D. Telecommunication Permit - The Shoreline Fiber Network Partners - Under the METRO Act. ASSISTANT CITY MANAGER/ENGINEER E. Nelson Park Renamed as St. Joseph Park. LEISURE SERVICES F. Income Tax Refund Donation Program for 2004. INCOME TAX G. Set Public Hearing for Amendments to Brownfield Plan - Former Muskegon Mall. PLANNING & ECONOMIC DEVELOPMENT H. Plow Truck Purchase. PUBLIC WORKS I. Dump Boxes and Under Body Plows. PUBLIC WORKS J. Semi Tractor Purchase. PUBLIC WORKS □ PUBLIC HEARINGS: A. Spreading of the Special Assessment Roll - Strong Avenue, Jefferson to Peck. ENGINEERING B. Spreading of the Special Assessment Roll - Campus Avenue, from Washington to Approximately 100' North of Fourth. ENGINEERING C. 2005 Budget. FINANCE □ COMMUNICATIONS: □ CITY MANAGER'S REPORT: □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. Approval of Pay Station Agreement with USA Mail Today. TREASURER B. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following. INSPECTIONS 1. 523 W. Webster (Outside Area 10) 2. 1842 Franklin (South of Area 12) 3. 1130 Sanford (Area 10) □ 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 frnward to the microphone. ► State name and address. ► limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND 'fHE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY. CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 7244172. Date: September 14, 2004 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, August 24, 2004. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING SEPTEMBER 14, 2004 CITY COMMISSION CHAMBERS@ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, September 14, 2004. Vice Mayor Larson opened the meeting with a prayer from Pastor Michael Borgert from First Christian Reformed Church after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Vice Mayor Bill Larson, Commissioner Lawrence Spataro, Chris Carter, Kevin Davis, Stephen Gawron, and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger. Absent: Mayor Stephen Warmington (excused) 2004-81 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, August 24, 2004. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Liquor License Request - Betak Enterprises Ill, Inc .• 45 E. Muskegon. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request from Betak Enterprises Ill, Inc., to transfer ownership of the 2004 SDD and SDM Licensed Business from H & J Inc. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. C. Liquor License Request - Clover Bar. 817 E. Forest Ave. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request to transfer ownership of the 2004 Class C-SDM Licensed Business with Dance Permit by dropping Wayne W. Brewer as stockholder by transfer of his 100 shares of stock to Timothy W. Brewer. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. D. Telecommunication Permit - The Shoreline Fiber Network Partners - Under the METRO Act. ASSISTANT CITY MANAGER/ENGINEER SUMMARY OF REQUEST: Authorize the Mayor to sign the permit application submitted by The Shoreline Network Partners. Submittal of the permit application is in response to the City opting into the State's METRO Act. All necessary reviews including City Attorney, Engineering Department, Finance Department, and City Manager's Office have been completed. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the permit and authorize the Mayor to sign the document. E. Nelson Park Renamed as St. Joseph Park. LEISURE SERVICES SUMMARY OF REQUEST: A petition has been received from the Nelson Neighborhood to rename Nelson Park on Monroe Avenue to St. Joseph Park in honor of the former St. Joseph's Church that leased the property to the City for the park. FINANCIAL IMPACT: The cost to redo a sign. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve. COMMITTEE RECOMMENDATION: The Leisure Service Board recommends approval. F. Income Tax Refund Donation Program for 2004. INCOME TAX SUMMARY OF REQUEST: Approval to use the donations from the 2004 income tax returns to the BIG RED ED CLUB which is an activity of the Education fund of the Muskegon Public Schools. FINANCIAL IMPACT: The average amount donated to previous Donation Programs is $2,500. Each donated refund saves the City approximately two dollars. Last year 478 people donated their refund checks. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval recommended. G. Set Public Hearing for Amendments to Brownfield Plan - Former Muskegon Mall. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the resolution setting a public hearing for amendments to the Brownfield Plan, and notifying taxing jurisdictions of the Brownfield Plan Amendments, including the opportunity to express their views and recommendations regarding the proposed amendments at the public hearing. The amendments are for the inclusion of the former Muskegon Mall Property, now owned by Downtown Muskegon Development Corporation (DMDC) in the Brownfield Plan. FINANCIAL IMPACT: Brownfield Tax Increment Financing would be used to reimburse the City, DMDC, and possibly developers for "eligible expenses" incurred in association with development of the Mall, starting in 2012, when the Renaissance Zone status of the Mall property will begin to expire. DMDC currently estimates that full development of the Mall property will involve approximately $60 million in private investment, resulting in a substantial increase in the local and school taxes generated by the property. "Eligible Expenses" would be reimbursed starting in 2012, including the payment of 4% interest annually. The estimated tax capture and payment schedule is included as Attachment L-4 in the proposed Brownfield Plan Amendment. The City is also authorized by law to capture up to $75,000/year to pay for "reasonable and actual administrative and operating costs of the Brownfield Redevelopment Authority. As such, $50,000/year of the local tax increment will be captured to reimburse the Brownfield Authority for its administrative costs, for a total of $550,000 over 11 years. After all eligible costs incurred by the various parties are reimbursed (estimated to be in 2017), the BRA is authorized to continue to capture local taxes for five more years for deposit into a Local Site Remediation Revolving Fund. Current estimates indicate that approximately $3,460,000 could be captured from the taxes on the Mall property for deposit into this local fund. STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority will meet on September 8, 2004, and approve the Brownfield Plan Amendment adding the Muskegon Mall to the Brownfield Plan, and request the Muskegon City Commission set a public hearing on the Plan Amendments, and request notification of the taxing jurisdictions of the proposed amendment and its financial impact on each jurisdiction. H, Plow Truck Purchase. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase two cab and chassis from Woodland International. FINANCIAL IMPACT: Total Cost $104,062.24. BUDGET ACTION REQUIRED: None. $140,000 was budgeted for the total purchase. STAFF RECOMMENDATION: Approve purchase of budgeted replacement cab and chassis from Woodland International. I. Dump Boxes and Under Body Plows. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase two dump boxes and under body plows. FINANCIAL IMPACT: Total Cost $49,578. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase of two dump boxes and under body plows from Truck & Trailer Specialties. J. Semi Tractor Purchase. PUBLIC WORKS SUMMARY OF REQUEST: Approval to purchase one Freightliner CL 120 semi tractor from Freightliner of Grand Rapids. FINANCIAL IMPACT: Cost per unit $77,065. BUDGET ACTION REQUIRED: None. $80,000 was budgeted for this purchase. STAFF RECOMMENDATION: Approve purchase of one Freightliner CL 120 from Freightliner of Grand Rapids. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the Consent Agenda. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro Nays: None MOTION PASSES 2004-82 PUBLIC HEARINGS: A. Spreading of the Special Assessment Roll - Strong Avenue. Jefferson to Peck. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Strong Avenue from Jefferson Street to Peck Street, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $29,371.29 would be spread against the thirteen (13) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing opened at 5:37 p.m. to hear and consider any comments from the public. No comments were heard. Motion by Commissioner Gawron, second by Commissioner Spataro to close the Public Hearing at 5:38 p.m. and approve the special assessment roll for Strong Avenue, Jefferson to Peck. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro Nays: None MOTION PASSES B. Spreading of the Special Assessment Roll - Campus Avenue. from Washington to Approximately 100' North of Fourth. ENGINEERING SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special assessment for Campus Avenue from Washington to approximately 100' north of Fourth Street, and to adopt the resolution confirming the special assessment roll. FINANCIAL IMPACT: A total of $28,086.26 would be spread against the fourteen (14) parcels abutting the project. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the special assessment roll and adopt the resolution. The Public Hearing opened at 5:39 p.m. to hear and consider any comments from the public. No comments were heard. Motion by Commissioner Carter, second by Commissioner Davis to close the Public Hearing at 5:40 p.m. and approve the special assessment roll for Campus Avenue, from Washington to approximately 100' north of Fourth. ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Carter Nays: None MOTION PASSES C. 2005 Budget. FINANCE SUMMARY OF REQUEST: This is the time set for a public hearing on the City's proposed budget for the year 2005. The proposed 2005 budget has been made available for public inspection at City Hall, Hackley Public Library and the City's website page. STAFF RECOMMENDATION: After receiving comments, close the public hearing and approve the proposed 2005, City of Muskegon Budget resolution. The Public Hearing opened at 5:41 p.m. to hear and consider any comments from the public. No comments were heard. Motion by Commissioner Spataro, second by Commissioner Carter that at 5:44 p.m. the Public Hearing be continued to the Special Meeting set for Wednesday, September 22, 2004. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Carter, Davis Nays: None MOTION PASSES 2004-83 NEW BUSINESS: A. Approval of Pay Station Agreement with USA Mail Today. TREASURER SUMMARY OF REQUEST: In an attempt to better serve those individuals who are unable to come to City Hall to pay their utility bills, the City Treasurer requests to allow payments to be made at USA Mail Today located at 1071 S. Getty St., Muskegon, Michigan. FINANCIAL IMPACT: We anticipate a decrease in delinquent utility bills due to the convenience of a "one stop" payment location and a possible increase in utility cash flows to the City of Muskegon. BUDGET ACTION REQUIRED: There is a five dollar ($5.00) monthly fee to be billed quarterly to the City of Muskegon. STAFF RECOMMENDATION: The staff recommends the approval of the service agreement with USA Mail Today to accept City of Muskegon utility bill payments at their location. Motion by Commissioner Shepherd, second by Commissioner Gawron to approve the service agreement with USA Mail Today. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Carter, Davis, Gawron Nays: None MOTION PASSES B. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following. INSPECTIONS SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the following structures are unsafe, substandard, public nuisances and that they be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. 1. 523 W. Webster (Outside Area 10) CASE NUMBER & PROJECT ADDRESS: #EN-040007 - 523 W. Webster LOCATION AND OWNERSHIP: This structure is located on Webster between Sixth and Seventh and was owned by William Gooden, who is recently deceased. STAFF CORRESPONDENCE: This case began 1/26/04 because of numerous complaints of parties and the police being called. The notice and order to repair was issued on 1/26/04. The case went before the HBA on 6/4/04 and George Gooden was present. The HBA declared the structure with a 60 day delay before sending to Commission. OWNER CONTACT: At the HBA meeting George Gooden stated he was awarded this property when it went through Probate after William Gooden's death. He stated he is not sure what he'll do with the property, but asked if he could use it as a "guest house" for friends to stay in. He also stated if it cost too much to repair he would tear it down. He was present at the party that the police shut down in April. At the HBA meeting he was ordered to bring in a copy of the Probate order showing he was the owner and if progress was being made on repairs the case would not be forwarded to City Commission. No copy of the Probate order has been submitted, nor permits applied for. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $17,600 ESTIMATED COST TO REPAIR: $25,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the Housing Board of Appeals decision to demolish 523 W. Webster. ROLL VOTE: Ayes: Shepherd, Spataro, Carter, Gawron, Larson Nays: Davis MOTION PASSES 2. 1842 Franklin (South of Area 12) CASE NUMBER & PROJECT ADDRESS: #EN-040048 - 1842 Franklin LOCATION AND OWNERSHIP: This structure is located on Franklin between Laketon and Windsor and is owned by William Grimm. STAFF CORRESPONDENCE: This case began 4/29/04 because of numerous complaints of a dangerous situation for neighborhood children. The owner started an addition on the house and stopped after the blocks were laid. The area was filled with water and neighbors were concerned about children falling in. The notice and order to repair/remove was issued 4/30/04 and on 6/3/04 the HBA heard the case. The case was tabled indefinitely to allow the owner time to complete the repairs and pull a permit for the scope of the work being done. The case was brought back to the HBA 8/5/04 and was declared dangerous. OWNER CONTACT: Mr. Grimm was present at both HBA meetings and stated he wanted to complete the repairs. On August 24 th an inspector noted the house had been demolished, but the site not totally cleared. The blocks from the addition and the original foundation is still remaining. FINANCIAL IMPACT: General Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $12,700 ESTIMATED COST FOR SITE CLEARANCE: $2,500 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with the Housing Board of Appeals decision to demolish 1842 Franklin. ROLL VOTE: Ayes: Spataro, Carter, Davis, Gawron, Larson, Shepherd Nays: None MOTION PASSES 3. 1130 Sanford (Area 10) CASE NUMBER & PROJECT ADDRESS: #EN-040036 - 1130 Sanford LOCATION AND OWNERSHIP: This structure is located on Sanford between Houston and Monroe and is owned by Countrywide Home Loans in California. STAFF CORRESPONDENCE: This case began 5/04 because of the house being vacant, open and la rge amount of trash & debris left. A dangerous building inspection was conducted on 3/5/04 and the notice and order to repair was issued on 3/22/04. On 5/6/04 the HBA declared the structure substandard and dangerous . An interior inspection was conducted 7/2/04. OWNER CONTACT: The contractor working for the mortgage company scheduled the interior inspection and stated he would be doing repairs on the house. After receiving the inspection report, Amanda from Countrywide Mortgage stated they will be selling the house as is. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $16,600 ESTIMATED COST TO REPAIR: $30,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the Housing Board of Appeals decision to demolish 1130 Sanford. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro Nays: None MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 6:20 p .m. Respectfully submitted, ~o.L~ Gail A. Kundinger, MMC City Clerk Date: September 14, 2004 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Liquor License Request Betak Enterprises Ill, Inc. 45 E. Muskegon (former Kwik Way) SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request from Betak Enterprises Ill to transfer ownership of the 2004 SOD and SOM Licensed Business from H & J Inc. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. /\rflrmatlve i\cllo11 724-6703 Assessor 724-G708 Cemetery 724-(i78:J West Michigan's Shol'cline City Civil Service 724-G7 1G Clerk 724-6705 August 18, 2004 E11gineering 724!i707 To: City Commission through the City Manager Finance 724-G71:l From: i L.1~ any L. Kleibecker, Director of Public Safety Fir•c l)cpl. Re: Liquor License Request (Transfer) 724-6792 45 E. Muskegon Ave. (former Kwik Way) C. N. Services 72 111 +<; The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation of applicant Betak Enterprises 111, Inc. This lnspeclio11s corporation consists of Saib Btk of 1254 Witham in North Muskegon and Samei Btk of 724611~ 785 Mariwood Ave. in North Muskegon. Betak Enterprises Ill is requesting to transfer ownership of 2004 SOD & SOM licensed ~'.~~~~~crvirbusiness from H & J Inc. of Muskegon. Muskegon Police Department records show that both applicants have owned at least two other alcohol-serving businesses located in the City of Muskegon - 1500 S. Getty St. (Sams Drink All) and 181 3 N. Getty St. (L&G ~~~'~f~~·sorrMarket). They are aware of the Muskegon Police Department's position on enforcing local alcohol-related laws and ordinances. Mayor's omc..._s.... AKA Business Name (if applicable): Operator/Manager's Name: _ _ __ _ _ __ _ _ __ _ __ _ __ _ Business Address: Reason for Review: New License D Transfer of Ownership~ Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D Other ---------------------------- Dead line for receipt of all informatim)i~ Income Tax I Approved ~ Owing D Amount: - - - - Treasurer Approved D Owing D Amount: - - - - Zoning Approved D Denied D Pending ZBA □ Clerk's Approved D Owing D Amount: - - - - Public Safety Approved D Denied D Remaining Defects D Department Signature_ _ ~----,;_~'-'----=: . .; :;,:;:;:======~-------- Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator LIQUOR LICENSE REVIEW FORM Business Name: AKA Business Name (if applicable): Operator/Manager's Name: _ _ __ _ __ _ __ __ _ __ __ __ Business Address: Reason for Review: New License D Transfer of Ownership~ 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: Income Tax Approved D Owing D Amount: Treasurer Approved g' Owing D Amount: Zoning Approved D Denied D Pending ZBA □ Clerk's Approved D Owing D Amount: Public Safety Approved D Denied D Remaining Defects D Department Signature---'}--"f-'V09-: . ffi,,C-->,----cJb. ,ji:,e,.. -+- f _J;,+~--' - 4 _ _ _ _ _ _ _ _ _ __ ~ / Z Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator LIQUOR LICENSE REVIEW FORM Business Na me: _ ____.,:D~e:::...fL...aloa..L.;f'(._..___J/4-..LJ'-Lt....c<.L.c;_,..a""v:-'-1-,..~.....c"""::S'---"b'-L/.L,~1---'-l-'-12.1..:.c=-=--,_ _ __ _ AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name: _ __ _ __ _ _ _ _ _ __ _ __ _ __ Business Address: Reason for Review: New License D Transfer of Ownership }If' 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: _ _ _ _ _ _ _ __ _ __ __ Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved~ Denied D Pending ZBA □ Clerk's Approved D Owing D Amount: Public Safety Approved D Denied D Remaining Defects D Department Signature~ £ d:,,.~ Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator LIQUOR LICENSE REVIEW FORM Business Name: _ ___,D '""'--'e"'-f'-a><.LL.5181 Cemetery (231)724-6783 FAX (231)726-5617 City Manager Weat Michigan's Shoreline City www.shorellnecity.com (231)724-6724 FAX (231)722-1214 Civil Service (231)724-6716 FAX (231 )724-4405 September 8, 2004 Clerk (231)724-6705 FAX (231)724-4178 Comm. & Neigh. Services Betak Enterprises III (231)724-6717 45 E. Muskegon FAX (231 )726-250 I Muskegon,MI 49440 Engineering (23 I)724-6707 FAX (231)727-6904 Dear Sir: Finance (231)724-6713 This letter is to inform you that your request to transfer ownership of the 2004 FAX (231)724-6768 SDD and SDM licensed business will be presented to the City Commission on Fire Department September 14, 2004. This meeting begins at 5 :30 p.m. and is located in the City (231)724-6792 FAX (231)724-6985 Commission Chambers, 933 Terrace, Muskegon, MI. Income Tax (23 I)724-6770 This request has also been sent to the Jackson Hill Neighborhood Association for FAX (231)724-6768 · their comments. It is Commission practice to let the Neighborhood Association Info. Technology know of any liquor license requests that are located within their boundaries. This (231)724-4126 FAX (231)722-4301 allows for comments from the people who live there and not just from the owners of the business' who are located there. Inspection Services (231 )724-6715 FAX (231)728-4371 Sincerely, Leisure Services (231 )724-6704 FAX (231)724-1 I 96 Miiyor's OffiCe (231)724-6701 Linda Potter FAX (231)722-1214 Deputy Clerk Planning/Zoning (231)724-6702 FAX (231)724-6790 Police Department (231)724-6750 FAX (231)722-5140 Public Works (231 )724-4 JOO 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://www.shorelinecity.com Affinnative Action (231)724-6703 FAX (231)722-1214 Assessor (231)724-6708 FAX (231)726-5 I 81 Cemetery (231)724-6783 FAX (231)726-5617 City Manager West Michigan's Shoreline City (231)724-6724 www.shorelineclty.com FAX (231)722-1214 Civil Service (231)724-6716 FAX (231)724-4405 September 8, 2004 Clerk (231 )724-6705 FAX (231)724-4178 Comm. & Neigh. Services Mr. Calvin Rucks, President (231)724-6717 FAX (231)726-2501 Jackson Hill Neighborhood Assoc. 293 Erickson Engineering (231)724-6707 Muskegon, MI 49442 FAX (231)727-6904 Finance Dear Mr. Rucks: (231 )724-6713 FAX (231)724-6768 We have received a letter from the Liquor Control Commission reference a Fire Department (231 )724-6792 request from Betak Enterprises III, Inc., 45 E. Muskegon (former Kwik Way) to FAX (231)724-6985 transfer ownership of the 2004 SDM and SDD licensed business from H & J Inc. Income Tax A SDM license permits the sale of beer and wine for consumption off the (23 I)724-6770 premises only; and a SDM license permits the sale of alcoholic liquor, other than FAX (231)724-6768 beer and wine under 21 percent alcohol by volume, for consumption off the Info. Technology (231)724-4126 premises only. On Tuesday, September 14, 2004, the City Commission will FAX (231)722-4301 review this request and determine whether or not it should be recommended for Inspection Services approval. (231)724-6715 FAX (231)728-437 I You are being sent this notice because the City Commission would like to know Leisure Services how the Neighborhood Association feels and would appreciate any comments that (231)724-6704 FAX (231)724-1196 they may have. You may send these comments to 933 Terrace, Muskegon, MI Mayor's Office 49440 or attend the City Commission Meeting on September 14, 2004, at 5:30 (231)724-6701 p.m. in the Commission Chambers. FAX (231)722-1214 Planning/Zoning If you have any questions, please feel free to contact me at 724-6705. (23 I)724-6702 FAX (231)724-6790 Police Department Sincerely, (231)724-6750 FAX (231)722-5140 Public Works (231 )724-4 l00 FAX (231)722-4188 Linda Potter Deputy Clerk Treasurer (231 )724,6720 FAX (231)724-6768 Water Billing (231)724-6718 FAX (231)724-6768 Water Filtration (231)724-4 !06 FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 http://www.shorelinecity.com Affirma1ivc Action (231 )724-6703 FAX (231)722-1214 Assessor (231)724-6708 FAX (231 )726-5181 Cemetery (23 I)724-67 83 FAX (231 )726-5617 West Michigan's Shoreline City City Manager www.shorellneclty,<::om (23 I)724-6724 FAX (231)722-1214 Civil Service (231)724-6716 FAX (231)724-4405 Clerk September 16, 2004 (231)724-6705 FAX (231)724-4 I 78 Comm. & Neigh. Services (231)724-67 I 7 FAX (231)726-2501 Liquor Control Commission Engineering 7150 Harris (231)724-6707 PO Box 30005 FAX (231)727-6904 Lansing, MI 48909-7505 Finance (23I)724-6713 FAX (231)724-6768 REF: #265456 Betak Enterprises III, Inc. Firt Department (231 )724-6792 45 E. Muskegon FAX (231)724-6985 Muskegon, MI 49440 Income Tax (23 I)724-6770 FAX (231)724-6768 To Whom It May Concern: Info. Technology (231)724-4126 Enclosed is the Resolution and form LC-1800 for Betak Enterprises III, Inc. that FAX (231)722-4301 was recommended for approval at the September 14, 2004, City Commission Inspection Services Meeting. (231)724-6715 FAX (231)728-4371 Please do not hesitate to call me at (231) 724-6705 if you have any questions. Leisure Services (231)724-6704 FAX (231)724-1196 Sincerely, Mayor's Office (231)724-6701 FAX (231)722-1214 Planning/Zoning Linda Potter (231)724-6702 FAX (231)724-6790 Deputy Clerk Police Department (231)724-6750 Enc. FAX (231)722-5140 Public Works (231)724-4100 FAX (231 )722-4188 Treasurer (231 )724-6720 FAX (231)724-6768 Water Billing (231)724-6718 FAX (231)724-6768 Water Filtration (231)724-4106 FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 L.1..1.-- 11------· . L - - - 1 : - __ : , . , - - - ;l'.,4t_ ' STATE OF MICHIGAN --J, - '7S -uy POLICE INSPECTION REPORT ON L,, .,QR LICENSE REQUEST LIQuOR CONTROL COMMISSrbN (Authorized by MCL 436,1217) DEPARTMENT OF LABOR & ECONOMIC GROWTH DAVID C. HOLLISTER, DIRECTOR sr RID: 265456 Important: Please conduct your investigation as so~n as p.-ssible and complete all four sections of this report. Return the completed report and fingerprint cards to the Commission, BUSINESS NAME AND ADDRESS: (include zip code) Betak Enterprises Ill, Inc, 45 E, Muskegon, Muskegon 49440 in Muskegon County (231) 728-2587 REQUEST FOR: Transfer ownership 2004 SDD & SDM licensed busmess with Sunday Sales permit from H & J, Inc, I Section 1, APPLICANT INFORMATION I APPLICANT #1: APPLICANT #2: Saib Btk Samei Btk HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER: 1254 Witham 785 Mariwood A venue North Muskegon, MI 49445 North Muskegon, MI 49445 (231) 578-3865 (231) 557-5083 DATEOFBIRTH: ';;/-IJ-72- DATEOFBIRTH: /2,-2-73 lf the applicant is not a U,S, Citizen: If the applicant is not a U,S, Citizen: 0 0 Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status? □ Yes □ No □ Yes D No 0 0 Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status: Date fingerprinted: NONE NEEDED Date finaerorinted: NONE NEEDED I Attach the fingerprint card and $30,00 for each card and mail to the Michigan Liquor Control Commission, I ARREST RECORD: □ Felony □ Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor Enter record of all arrests & convictions {attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated report if more space is needed) report if more space is needed) I Section 2, Investigation of Business and Address to be Licensed I ~es applicant intend to have dancing or entertainment? J"I--No □ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit Are gas pumps on the premises or directly adjacent? )<[ No D Yes, explain relationship: 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? ,1(1'._Yes D No If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed) Section 4. Recommendation From your investigation: 1, Is this applicant qualified to conduct this business if licensed? )~(Yes □ No 2. Is the proposed location satisfactory for this business? Ji[ Yes □ No 3. Should the Commission grant this request? fat"Yes □ No 4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed) 8 --/9 -O';I Sign~~re (fillertfl-or Chief of Police) .Q§_te Muskegon Police Department LC-1800 Rev, 07/02 RID: 265456 STATE OF MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES LIQUOR CONTROL COMMISSION RESOLUTION 2004-Bl(b) Ata Regular meeting of the City Commission (Rogular or Special) ----...,,(T::-01>-·n..,..,,hi---,pU:-oa-rd,...,C=c-ity_o_r=v;1,-1ag-e.,,..Co-un---,cil,- ) ---- called to order by Vice Mayor Larson on September 14, 200~ 5:30 P.M. The following resolution was offered: Moved by Commissioner Spataro and supported by Commissioner Shepherd That the request from Betak Enterprises III, Inc., 45 E. Muskegon, Muskegon, MI 49440 in Muskegon County to transfer ownership of the 2004 SDD & SDM Licensed Business with Sunday Sales permit from H & J, Inc. be considered for ----=c....=.-----------,-(A-,---p-pro-va-:- Approva 1 1 o-,o=";,-ap-pro-va-::-1)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ APPROVAL DISAPPROVAL Yeas: 6 Yeas: - - - - - - - - ---- Nays: 0 Nays : - - - - -- - -- - - - - - - - - - - -- - - - Absent: 1 Absent: - - - - - - -- -- - It is the consensus of this legislative body that the application be: Recommended - - - - -- ------=-=--=---=,.;,(R:.:.cecc..:.om-'-'-m.:..:•nd-,-:cd-'o'-- , n:..._01..,,.Rcc-·o-m-,no-nd,...,d,...)- - -- -- - - - - - - - - - for issuance State of Michigan - - - - -) § County of Muskegon ) I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the City Commission at a Regular - - - - - - = " - , ,(R-eg---,ula- : , o-r::-Sp---,oci---,al)_ _ _ _ _ __ (Township Board, Ci1y or Village Council) meeting held on 9 - 14-04 (Dale) SEAL (Mailing address of Township, City of Villago) Date: September 14, 2004 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Liquor License Request Clover Bar 817 E. Forest Avenue SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on a request to transfer ownership of the 2004 Class C-SDM Licensed Business with Dance Permit by dropping Wayne W. Brewer as stockholder by transfer of his 100 shares of stock to Timothy W. Brewer. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. Arfirmativc Action 724·6703 Assessor 724·6708 Cemetery 724·6783 West Michigan's Shoreline City Civil 8crvicc August 18, 2004 72•1·6716 To: City Commission through the City Manager Clerk 724 6705 From: Ant ony L. Kleibecker, Director of Public Safety Engineering 724-G707 Re: Liquor License Transfer Request 817 E. Forest Avenue (Clover Bar) Finance 7246713 The Muskegon Police Department has received a request from the Michigan Liquor ~-irenc111. Control Commission for an investigation of applicant Brewer Enterprises II, Inc. 724·6792 Mr. Timothy W. Brewer of 626 Cambridge, Muskegon Ml, is representing Brewer C.N.Scrvices Enterprises 11. He is requesting to transfer ownership of 2004 Class C-SDM licensed 72" 671 7 business with dance permit by dropping Wayne W. Brewer as stockholder through transfer of his 100 shares of stock to new stockholder Timothy Brewer. l11speclions 7246715 Timothy Brewer has owned Boondocks Bar at 226 E. White Lake Drive since 1996 and the Brewers Tap bar at 1281 E. Broadway since 2001. He also had part ownership in the Clover Bar from 2000 to early 2002 with his father, Wayne Brewer, but dropped his ~;!~~~~ervic§hare of ownership due to differences with Wayne. Timothy now wishes to assume full ownership of the Clover Bar from his father due to issues Wayne is experiencing and hopes to remedy some of the problems the bar has had. Timothy Brewer has been Mana~cr'1s Offmade aware of the Muskegon Police Department's position on enforcing local alcohol- W I 672< related laws and ordinances. ~1ayor·sornc,A check of Muskegon Police Department records and a criminal history check show no 72,16701 . reason to deny this request. Plan11l11g/Zo11i11g 724·U702 ALK/dl Police Dept. 724-6750 Public Works 726 ,1786 Treasurer 724·(l720 WmerDe111. City or Muskegon, P.O. 13ox 536, 980 Jel'ferson Street, Muskegon, Michigan 49443-0536 724·6718 To: Tony Kleibecker, Director of Public Safety From: Det. Kurt Dykman Date: 08-17-04 Re: Liquor License Transfer Chief Kleibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant Brewer Enterprises II, Inc. located at 817 E. Forest Street, Muskegon, MI. 49442; currently named Clover Bar. Mr. Timothy W. Brewer, of626 Cambridge, Muskegon, MI. 49441, is representing Brewer Enterprises II. Brewer Enterprises II is requesting to h·ansfer all stock in 2004 Class C-SDM licensed business with Dance Permit by dropping Wayne W. Brewer as stockholder through transfer of his 100 shares of stock to new stockholder, Timothy Brewer. Timothy Brewer has experience in the alcohol service industry and has been made aware of the Muskegon Police Departments position on enforcing local alcohol laws and ordinances. Mr. Brewer has owned Boondocks Bar, 226 E. White Lake Dr, from 1996 to present and also owns Brewers Tap, 1281 E. Broadway, 2001 to present. Timothy had ownership in the Clover Bar from 2000 to early 2002 with his father, Wayne Brewer. Due to differences with his father, Timothy dropped his share of ownership at that time. Timothy now wishes to take full ownership of the establishment from his father due to issues his father is experiencing and wishes to remedy some of the problems the bar has had. A check ofMPD records and Criminal History showed no reason to deny this request. Respectfully submitted, r ~ //~/·····~ Det. Kur1:I5ykman data/common/liquor/Brewer Michigari f"\"oartment of Labor & Economic Growth POLICE INSPECTION REPORT ON d .)R LICENSE REQUEST MICHIO LIQUOR CONTROL COMMISSION 7150 Harris Drive Req ID# 259692 (Authorized by MCL 436.1217) P.O. Box 30005 Lansing, Michigan 48909-7505 Important: Please conduct your investigation as soon as possible and complete all four sections of this report. Return the completed report and fingerprint cards to the Commission. BUSINESS NAME AND ADDRESS: (include zip code) BREWER ENTERPRISES II, INC., 817 FOREST, MUSKEGON, Ml 49442, MUSKEGON COUNTY REQUEST FOR: REQUEST TO TRANSFER ALL STOCK IN 2004 CLASS C-SDM LICENSED BUSINESS WITH DANCE PERMIT BY DROPPING WAYNE W. BREWER AS STOCKHOLDER THROUGH TRANSFER OF HIS 100 SHARES OF STOCK TO NEW STOCKHOLDER, TIMOTHY W. BREWER. I Section 1. APPLICANT INFORMATION APPLICANT #1: NO FINGERPRINTS REQUIRED APPLICANT #2: TIMOTHY W . BREWER - STOCKHOLDER HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER: 626 CAMBRIDGE MUSKEGON, Ml 49441 H(231 )798-7050/6(231 )343-2840 DATE OF BIRTH: p-/ -lZ DATE OF BIRTH: If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen: 0 0 Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status? 0 Yes □ No 0 Yes □ No 0 0 Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status: Date fingerprinted: fr- n - OC/ Date fingerprinted: Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I ARREST RECORD: □ Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated report if more space is needed) report if more space is needed) I Section 2. Investigation of Business and Address to be Licensed I Does applicant intend to have dancing or entertainment? D No ~Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit Are gas pumps on the premises or directly adjacent? Jit.No 0 Yes, explain relationship: I Section 3. Local and State Codes and Ordinances, and General Recommendations Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, if this license is granted? ~Yes □ No If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed) I Section 4. Recommendation From your investigation: 1. Is this applicant qualified to conduct this business if licensed? )81 Yes O No 2. Is the proposed location satisfactory for this business? ~ Yes O No 3. Should the Commission grant this request? Di{Yes O No 4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed) ~ - 19 - oY Date MUSKEGON POLICE DEPARTMENT LC-1800 Rev. 07/02 7--t - oLf J:o, STATE OF MICHIGAN ' EPARTMENT OF LABOR & ECONOMIC GROWTr LIQUOR CONTROL COMMISSION REQID:259692 7150 Harris Drive P.O. Box 30005 Lansing, MI 48909-7505 LOCAL LAW ENFORCEMENT AGENCY REPORT DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT (Authorized by MCL 436.1916) BREWER ENTERPRISES 11, INC . (231) 343-2840 APPLICANT/LICENSEE PHONE NUMBER 817 E. Forest Muskegon Muskegon 49442 STREET ADDRESS CITY TOWNSHIP COUNTY ZIP 1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by customers. YES 'Si_ NO □ NIA □ 2. Describe the type of entertainment applicant/licensee will provide: N/A □ Music & lfaraoke 3. Will this entertainment include topless activity? YES □ NO □ NIA )( LAW ENFORCEMENT RECOMMENDATION DANCE PERMIT YES -~ NO □ NIA □ ENTERTAINMENT PERMIT YES □ NO □ NIA 1;J TOPLESS ACTIVITY PERMIT YES □ NO □ NIA IE:_ 8-17-04 DATE SUBMITTED CESIGNATURE Muskegon Police (231) 724-6750 DEPARTMENT NAME PHONE NUMBER 980 J efferson St. Muskegon ADDRESS CITY LC-693N REV 5/98 4880-0652 Mic, .. ~an Department of Labor & Economic t,, owth LIQUOR CONTROL COMMISSION 7150 Harris Drive P.O. Box 30005 Lansing, Michigan 48909-7505 POLICE INVESTIGATION REQUEST [Authorized by MCL 436.1201(4)] To: MUSKEGON POLICE DEPARTMENT Date: May 14, 2004 CHIEF OF POLICE REF#: 259692 980 JEFFERSON STREET, PO BOX 536 MUSKEGON, Ml 49443-0536 Chief Law Enforcement Officer Applicant: BREWER ENTERPRISES II, INC. REQUESTS TO TRANSFER ALL STOCK IN 2004 CLASS C-SDM LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 817 FOREST, MUSKEGON, Ml 49442, MUSKEGON COUNTY, BY DROPPING WAYNE W. BREWER AS STOCKHOLDER THROUGH TRANSFER OF HIS 100 SHARES OF STOCK TO NEW STOCKHOLDER, TIMOTHY W. BREWER. Please make an investigation of the application. If you do not believe that the applicants are qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back. Forward your report and recommendations of the applicant to the Licensing Division. If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m. LC-1972 Rev. 9/17 4880-1658 sfs 7- 1:2. -o '/ LIQUOR LICENSE REVIEW FORM Business Name: _ __,/j-"---'/l___::e:::......::..:u.):;...;c"-'_r _ _L...._114-...:..-l_.co-L0...pL)<....:r'._,_l--=::~"-e""'-s=---=-l......,l,1-,___,;_/_n_L_.- - - AKA Business Name (if applicable): _ _------JC~/-=o'--"V c,....c_---'-/J~a""""·"-r___ ........... _ Opera tor/Manager's Name: _ __ ---Ll_,_,.'r~JJo_,_/:....;i..J,.,4-Y_.....,U~_ .. · ----<>,{i,L.,!_/'i~c~w""'-"-e-'_ -r __ Business Address: JJ/ 7 Eo,csf Reason for Review: New License D Transfer of Ownership D Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder NameX New Entertainment Permit D Other - - -- - - -- - -- - -- - - - - - - - -- ----- Deadline for receipt of all information: Public Safety Approved ~ 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 D Denied D Remaining Defects D Department Signature 1- L ✓ 1~ Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH LIQUOR CONTROL COMMISSION 7150 Harris Drive P.O. Box 30005 Lansing, MI 48909-7505 LOCAL APPROVAL NOTICE (Authorized by MCL 436.1501(2) and MAC 1105(2)(d)) Req ID: 259692 Date: May 14, 2004 To: MUSKEGON CITY COMMISSION 933 TERRACE STREET PO BOX 536 MUSKEGON, MI 49443-0536 Applicant: BREWER ENTERPRISES II, INC. Home Address And Phone No: TIMOTHY W. BREWER, 626 CAMBRIDGE, MUSKEGON, Ml 49441 H(231)798-7050/B(231 )343-2840 Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501 of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of MCL 436.1916. For your convenience a resolution form is enclosed that includes a description of the licensing transaction requiring approval. The clerk should complete the resolution certifying that your decision of approval or disapproval of the application was made at an official meeting. Please return the completed resolution to the Liquor Control Commission as soon as possible. If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322- 1400. PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS sfs LC-1305 REV 9/17 4880-1234 LIQUOR LICENSE REVIEW FORM Business Name: _ _....,{3-,;.....:/j.....;;e:....;:;.;;u./'.;....;c"-'r ___ /,.,_._..;.../_h_L_._ __ L..._.IJ....,_,_i-"c.....0-LJ"---'t'._.1...;;:~=-=-(::s=-...:...1...... AKA Business Name (if applica hie): _ ___,{2__../-=o_.11._._C._C_ __,_;J;;;;.......:q"--"-r_ _ __ '- Operator/Manager's Name: _ _ _ _ r_/~>~no_r_i_y__&)_.~iJ~/c-C~W~c.....r_ __ Business Address: J> / 7 Eo,csf Reason for Review: New License D Transfer of Ownership D Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder NameX New Entertainment Permit D Other - - - - - - - - - - - - - - - - - - - - - - - - - -- Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __ Public Safety Approved D Denied D No Action Needed D Income Tax Approved W Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA 0 Clerk's Approved D Owing D Amount: Fire/Inspections Approved D Denied D Remaining Defects D ~~~ Department Signature__~- - - - -- - - - - - - - - - - - - - - - Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator 7 - 1:2 - 0 'j LIQUOR LICENSE REVIEW FORM Business Name: _ _.....!3-.....(( .....e;:;.....;..au/....:c"-'_ L. . .a.. -r _ _,_-J__,c.......r;...,,.IJ'-'r.-'l..... ~,.,_C=-..S-=--___ _/_n_l._.- - - J_!;,__• AKA Business Name (if applicable): _ _ _...._C,,,_,_,/o;:....,,..J/....,._c...Lc_ _=/3:......=ac....ar _ _ _ __ Operator/Manager's Name: _ _ ____._l_._1...a."r.;..o..a:;720--'t:-i--.Y-_u/""'--_.__..l>~✓c....c...,w...._.e-'-r _ _ _ Business Address: J>/ Z Eo,csf Reason for Review: New License D Transfer of Ownership D Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder Name;t(' 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 ~ Owing D Amount: Zoning Approved D Denied D Pending ZBA □ Clerk's Approved D Owing D Amount: Fire/Inspections Approved D Denied D Remaining Defects D Department Signatur4 ~ 2 Please return to the City Clerk's Office ' Gail A. Kundinger, Liquor License Coordinator 7 - 1:2. -0 '/ LIQUOR LICENSE REVIEW FORM Business Na me: _ __,L.3...._./'c_;:e=--=-=w'.:....:C"'_""r __,_c!, ... ____;_ -l_.c.....c;-Pa....r_,,1...:::~,._<:..._-..s=--..:.../.....,/,,.... 12.<+..... . / _n _L_._ __ AKA Business Name (if applicable): ____{2____ /o~II-C_c__~/J~a~r _____ °r-----=Oo.....f-_i_y_ Operator/Manager's Name: _ _ ____._L_._ /..._ _.u. . .V.__•___._. f5........ 1c...c.... w . . . . e. . .r.___ RECEIVED Business Address: J> / z CITY OF Ml/Sl/ 7 Forest Reason for Review: New License D Transfer of Ownership D Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder NameX 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 ~ Denied D Pending ZBA □ Clerk's Approved Owing D Amount:~ Fire/Inspections Approved D Denied D Remaining Defects D Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator 7 - 1:2.-oy LIQUOR LICENSE REVIEW FORM Business Name: --""""'(3,-;.._0 .....e=--=-W<~C.;...r_ _,L-.J..l},j-'-f...... 1_._1""""~--'c:=-s~.a.../,._,/,1--._/_n_L_.___ C....,t;-JJ..... AKA Business Name (if applicable): --~C._...../-o-V:~C-C_~;J_q-r____ Opera tor/Manager's Name: _ _ _ ---J.L . ./_,_'r~!20_.f-.....;i--.st_ _,u/"""'-_._...,f>"'-'-/c_..C.....W"-"-"e-'-r _ __ Business Address: J> / 7 Eorcsf- Reason for Review: New License D Transfer of Ownership D Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder NameX 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: Fjre/lnspections Approvedfii Denied D Remaining Defects D Please return to the City Clerk's Ot:fi e Gail A. Kundinger, \ Liquor License Coordinator 7- 1:2.-0 'j LIQUOR LICENSE REVIEW FORM Business Name: II, Inc... AKA Business Name (if applicable): _ _ _...._{2...........,/0:;......L.V:......c. .c . .__/3:...=--=q'-_ --'r _ _ __ Opera tor/Manager's Name: _ _ ___._l . .1..,_'r~Oo . .... l-_i___y____u....v...__.___._. .6. . . C....,W.........<'........ r_ __ 1( .... Business Address: cf I z EorCS r Reason for Review: New License D Transfer of Ownership D Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder NameX 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 ~ Denied D Remaining Defects D Department Signature ~ '- . l ~ 7 - /J - O Y Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator Affirmative Action (231)724-6703 FAX (231)722-1214 Assessor (231)724-6708 FAX(231)72&-5181 Cemetery (231)724-6783 FAX (231)726-5617 West Michigan's Shoreline City City Manager www.ahorellneclty.com (231 )724-6724 FAX (231)722-1214 Civil Service (231)724-6716 FAX (231)724-4405 September 8, 2004 Clerk (231 )724-6705 FAX (231)724-4178 Comm. & Neigh. Mr. Timothy W. Brewer SerYices (231)724-6717 626 Cambridge FAX (231)726-2501 Muskegon,MI 49441 Engineering (231 )724-6707 FAX (231)727-6904 Dear Mr. Brewer: Finance (231)724-6713 This letter is to inform you that your request to transfer ownership of the 2004 FAX (231)724-6768 Class C-SDM licensed business will be presented to the City Commission on Fire Department September 14, 2004. This meeting begins at 5:30 p.m. and is located in the City (231 )724-6792 Commission Chambers, 933 Terrace, Muskegon, ML FAX (231 )724-6985 Income Tax (23 I)724-6770 This request has also been sent to the Oakview Neighborhood Association for FAX (231)724-6768 their comments. It is Commission practice to let the Neighborhood Association Info. Technology know of any liquor license requests that are located within their boundaries. This (231 )724-4126 allows for comments from the people who live there and not just from the owners FAX (231)722-4301 of the business' who are located there. Inspection Services (231)724-6715 FAX (231)728-4371 Sincerely, Leisure Services (231 )724-6704 FAX (231)724-1196 Mayor's Office Linda Potter (231)724-670 I FAX (231)722-1214 Deputy Clerk Planning/Zoning (231 )724-6702 FAX (231)724-6790 Police Department (231)724-6750 FAX (231)722-5140 Public Works (231 )724-4100 FAX (231)722-4188 Treasurer (23 I)724-6720 FAX (231)724-6768 Water Billing (23 I )724-6 7 I 8 FAX (231)724-6768 Water Filtration (23 I)724-4 I 06 FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 httn!//www .shoreli neci tv .com Affinnative Action (231)724-6703 FAX (231)722-1214 Assessor (231)724-6708 FAX (231)72tr5181 Cemetery (231 )724-6783 FAX (231)726-5617 West Michigan?s Shoreline City City Manager www.shorellneclty.com (231)724-6724 FAX (231)722-1214 Civil Service (231)724-6716 FAX (231)724-4405 September 8, 2004 Clerk (231)724-6705 FAX (231)724-4178 Comm. & Neigh. Mr. Steve Borstler, President Services (231)724•6717 Oakview Neighborhood Assoc. FAX (231)726-2501 1255 Fleming Engineering Muskegon,MI 49442 (231 )724-6707 FAX (231)727-6904 Dear Mr. Borstler: Finance (231)724-6713 FAX (231)724-6768 We have received a letter from the Liquor Control Commission reference a Fire Department request from Timothy W. Brewer, 817 E. Forest (Clover Bar) to transfer (231 )724-6792 ownership of the 2004 Class C-SDM licensed business with dance permit by FAX (231)724-6985 dropping Wayne W. Brewer as stockholder. A SDM license permits the sale of Income Tax beer and wine for consumption off the premises only; and a Class C license (231 )724-6770 FAX (231)724-6768 permits the sale of beer, wine, or liquor for consumption on the licensed premises. Info. Technology On Tuesday, September 14, 2004, the City Commission will review this request (231)724-4126 and determine whether or not it should be recommended for approval. FAX (231)722-4301 Inspection Services You are being sent this notice because the City Commission would like to know (231)724-6715 FAX (231)728-4371 how the Neighborhood Association feels and would appreciate any comments that Leisure Services they may have. You may send these comments to 933 Terrace, Muskegon, MI (231 )724-6704 49440 or attend the City Commission Meeting on September 14, 2004, at 5:30 FAX (231)724-1196 p.m. in the Commission Chambers. Mayor's Office (231 )724-670 I FAX (231)722-1214 If you have any questions, please feel free to contact me at 724-6705. Planning/Zoning (231)724-6702 Sincerely, FAX (231)724-6790 Police Department (231)724-6750 FAX (231)722-5140 Linda Potter Public Works (231)724-4100 Deputy Clerk FAX (231)722-4188 Treasurer cc: Ms. Judy Meisch (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://www.shorelinecity.com Affinnative Action (231 )724-6703 FAX (231)722-1214 Assessor (231)724-6708 FAX (231)726-5181 Cemetery (231)724-6783 FAX (231)726-5617 West Michigan's Shoreline City City Manager www.shorellnecity.com (231)724-6724 FAX (231)722-1214 Civil Service (231)724-6716 FAX (231)724-4405 September 8, 2004 Clerk (231)724-6705 FAX (231)724-4178 Comm. & Neigh. Mr. Steve Borstler, President Services (231)724-6717 Oakview Neighborhood Assoc. FAX (231)726-2501 1255 Fleming Engineering Muskegon,MI 49442 (23 I)724-6707 FAX (231)727-6904 Dear Mr. Borstler: Finance (231)724-6713 FAX (231)724-6768 We have received a letter from the Liquor Control Commission reference a Fire Department request from Timothy W. Brewer, 817 E. Forest (Clover Bar) to transfer (231 )724-6792 FAX (231)724-6985 ownership of the 2004 Class C-SDM licensed business with dance permit by dropping Wayne W. Brewer as stockholder. A SDM license permits the sale of Income Tax (231 )724-6770 beer and wine for consumption off the premises only; and a Class C license FAX (231)724-6768 permits the sale of beer, wine, or liquor for consumption on the licensed premises. Info. Technology On Tuesday, September 14, 2004, the City Commission will review this request (231)724-4126 and determine whether or not it should be recommended for approval. FAX (231)722-4301 Inspection Services You are being sent this notice because the City Commission would like to know (231)724-6715 FAX (231)728-4371 how the Neighborhood Association feels and would appreciate any comments that Leisure Services they may have. You may send these comments to 933 Terrace, Muskegon, Ml (231 )724-6704 49440 or attend the City Commission Meeting on September 14, 2004, at 5 :30 FAX (231)724-1196 p.m. in the Commission Chambers. Mayor's Office (23 I)724-670 I FAX (231)722-1214 lfyou have any questions, please feel free to contact me at 724-6705. Planning/Zoning (23 I)724-6702 Sincerely, FAX (231)724-6790 Police Department (231)724-6750 FAX (231)722-5140 Public Works Linda Potter (23 I )724-4 JOO Deputy Clerk FAX (231)722-4188 Treasurer cc: Ms. Judy Meisch (23 I)724-6720 FAX (231)724-6768 Water Billing (231)724-6718 FAX (231)724-6768 Water Filtration (23 I )724-4 I06 FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 http://www.shorelinccity,c_Q111 /' r,==:= =================================-= - - 1325 BREWER ENTERPRISES II, INC. OBA CLOVER BAA 817 E. FOREST AVE. MUSKEGON, Ml 49442 74-5-724 DATE_ .P, ~ -_/_7_-_ t:>_y - ·_ _ ~ J.Y .----:W-~ THE /l ~ /J ~ - - i • . I . $ _ _,,Y~'---'(}H---~__..~ c..=..,,_ c:::;,_. RDER OF_ _t.;.,,t,,7 --==,~ -~- - -- - --------'I ~,7D - 7 ----!l'- !w-C:. . .,:;)._ ..L/2"--'' / :.....::.....:~ e:..: ,Vv e:....:....__:::p/ _ _cf'IJ'~=:..;,t£L - -l,,-~~c..:::.....:=:1c):.c.___~___:__;;1 _ _ _ _ _ _ __ _ OOLLARS l'.D .trt> _:;_: ~~,.,..... li.1\. , , .. a,,. Fifth ThirJ ~nk WESTERN MICHIGAN GRANO RAPIDS, MICHIGAN a:=: o:■-□-□-~-j-2_5_1 •-,:-□-7-2-'--t □-□-□-S-2-,:-?lbl/!fi:tf-,&'-'-~------ c==, lOO~XJ(l(l()(JOOOO(::~ ~'(0: YOIJk' REL E: 1P tlHI U( Yn:=_ _IU .-ALL AGAIH • ';I::,· ,m;;~ _; r 1 ir CHECK 250 - .._~_ __,,~I I 08:26/ll'ID9··0Y-·2 L ~; 37'48 Llt·IDA Affinnative Action (231)724-6703 FAX (23 1)722-1 2 14 Assessor (231 )724-6708 FAX (231)726-5181 ce·metery (231)724-6783 FAX (231)726-5617 City Manager Weat Michigan's Shoreline City (231 )724-6724 www.ahorellneclty.com FAX (231)722-1214 Civil Service (23 I )724-6716 FAX (231 )724-4405 Clerk (231)724-6705 September 16, 2004 FAX (231)724-4178 Comm. & Neigh. Services (231)724-67 I 7 FAX (231)726-2501 Liquor Control Commission Engineering 7150 Harris (231)724-6707 PO Box 30005 FAX (231)727-6904 Lansing, MI 48909-7505 Finance (231)724-6713 FAX (231)724-6768 REF: #259692 Fire Department Brewer Enterprises II, Inc. (231 )724-6792 817 Forest FAX (231)724-6985 Muskegon,MI 49442 Income Tax (231 )724-6770 FAX (231)724-6768 To Whom It May Concern: Info. Technology (231 )724-4126 Enclosed is the Resolution, form LC- 1800, and the Local Law Enforcement FAX (231)722-4301 Agency Report for Brewer Enterprises IT, Inc. that was recommended for Inspection Services approval at the September 14, 2004, City Commission Meeting. (231)724-6715 FAX (231)728-4371 Please do not hesitate to call me at n.1 n 7?4-670, ifwm 1-,,..,,. """" ,.,,.,,.,.t:~..," Leisure Services (231)724-6704 FAX (231)724-1196 SENDER: COMPLETE THIS SECTION Sincerely, ■ Complete item s 1, 2, and 3. A lso co mplete Mayor's Office (231)724-6701 item 4 If Restricted Delivery is desired. FAX (231)722-1214 ■ Print your nam e and address on the reverse • so th at we can return the card to you. Planning/Zoning ■ Attach this card to the back of the mailpiece, (231)724-6702 Linda Potter o r o n the front if space permits. D. Is delivery ad different from i FAX (231)724-6790 Police Department Deputy Clerk 1. Article Addressed to: L.1guor Col'1f-,o/ to1nm/01~// If YES, enter delivery address b~e:::::~~~~~~~~~ , ,o, (231)724-6750 FAX (231)722-5140 Enc. ~JJN ~~?€r1fG. 7/S-o Harr, ·-> Public Works (231)724-4100 FAX (231 )722-4188 jJ o /Jox 3. Service Type ft!'- Certified Mail D Express Treasurer □ Registered D Return Fl = ===:::::::;:;~ ~~ (231)724-6720 /11/ '(cf'/OJ- 7.>0S- D Insured Mail □ C. 0.D. FAX (231)724-6768 4. Restricted Delivery? (Extra Fee) Water Billing 2.ArticleNumber 7000 o.S-P,O OOI,' J7fl 7f~J (231)724-6718 (rransfer from service label) FAX (231)724-6768 PS Form 3811 , August 2001 Domestic Return Receipt Water Filtration (23 I )724-4106 PS Form 3800, February 2000 See Rev FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 a.. ... _.,,......,...., c-hn.,.,,.linPritv c-nm Affirmative Action (231)724-6703 FAX (231)722-1214 Assessor (231)724-6708 FAX (231)726-518 I Ce.metery (231)724-6783 FAX (231)726-5617 City Manager West Michiga.n's Shoreline City (231)724-6724 www.shorellneclty.com FAX {2ll)722-f214. CiVili~ervi~-~ (23 I)724-6716 FAX (231)724-4405 Clerk_ (231)724-6705 September 16, 2004 FAX (231)724-4178 Comm. & Neigh. Services (231)724-6717 FAX (231)726-2501 Liquor Contr8f Commission Engineering 7150 Harris (23 I )724-6707 PO Box 30005 FAX (231)727-6904 Lansing, MI 48909-7505 Finance (231)724-6713 FAX (2}1)724-6768 REF: #259692 .: ., Fire Department Brewer Entr~rprises II, Inc . (23 I )724-6792 817 Forest FAX (231)724-6985 Muskegon, MI 49442 Income Tax (23 I)724-6770 FAX (231)724-6768 To WhoniILMay, Concern: Info. Technology (23 I)724-4126 Enclosed is t1w"1Resolution, form LC-1800, and the.Local Law Enforcement FAX (231)722-4301 Agency.Report for Brewer Enterprises II, Inc. that was recommended for Inspection Services approviil at the September 14, 2004, City Commission Meeting. (231)724-6715 FAX (231)728-4371 Ple~se do not. hesitate to call me at (211) 7?4-670~ ifvcm how• om, nnPo+;~"o Leisure Services (231)724-6704 FAX (231)724-1196 Sincerely, Mayor's Office 111 Complete items 1, 2, and 3. Also complete (231)724-6701 item 4 if Restricted Delivery is desired. FAx (23_1)722-1214 11 Print your name and address on the reverse so that we can return the card to you. B. · Received by ( Printed Name) C. Date of Delive Planning/Zoning 1111 Attach this card to the back of the mailpiece, (231)724-6702 Lirida Potte:r or on the front if space permits. Deputy Clf~rk D. !s delivery ad ss different from item~- D Yes FAX (231)724-6790 · 1.. Arti6!e Addressed to: , lf YES, enter delivery address bc5x:" QOgto PoJice Department (231)724-6750 /.., 0VO/' Co" T/"o / {;ofl1m/s.rr~r, pQSi OFFl<'tHfGAN 8909 Enc. LANSING, Ml FAX (231)722-5140 Public Works (231)724-4100 FAX (231)722-4188 fJ o t3o.x 3. Service Type fi9, Certified Mail □ Express Mail Treasurer D Registered D Return Receipt for Merchandi (23 I)724,6720 _,· □ Insured Mail □ c.o.o. FAX (231)724-6768 4. Restricted Delivery? (Extra Fee) D Yes Waler Billing 2. Mcie Number 7000 OS"P, 0 OOI'/ J 7 fl 7 7 f{,J (231)724-6718 (Transfer from service fabelj FAX (231)724-6768 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-· Water Filtration (231)724-4!06 FAX (231)755-5290 ~i&W,it-imtil®•i@IW,,Ji11.l il flfJI WMU¾@ffi§ffl~ City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 httn!//~ 11i:hnr1>lin<>ritv rnm Michigan ""nartment of Labor & Economic Growth POLICE INSPECTION REPORT ON LI JR LICENSE REQUEST MICHi( LIQUOR CONTROL COMMISSION 7150 Harris Drive Reg ID# 259692 (Authorized by MCL 436.1217) P.O. Box 30005 Lansing, Michigan 48909-7505 Important: Please conduct your investigation as soon as possible and complete all four sections of this report. Return the completed report and fingerprint cards to the Commission. BUSINESS NAME AND ADDRESS: (include zip cede) BREWER ENTERPRISES II, INC., 817 FOREST, MUSKEGON, Ml 49442, MUSKEGON COUNTY REQUEST FOR: REQUEST TO TRANSFER ALL STOCK IN 2004 CLASS C-SDM LICENSED BUSINESS WITH DANCE PERMIT BY DROPPING WAYNE W. BREWER AS STOCKHOLDER THROUGH TRANSFER OF HIS 100 SHARES OF STOCK TO NEW STOCKHOLDER, TIMOTHY W. BREWER. I Section 1. APPLICANT INFORMATION I APPLICANT #1: NO FINGERPRINTS REQUIRED APPLICANT #2: TIMOTHY W. BREWER - STOCKHOLDER HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER: 626 CAMBRIDGE MUSKEGON, Ml 49441 H(231 )798-7050/8(231 )343-2840 DATE OF BIRTH: ~-/-l7 DATE OF BIRTH: If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen: 0 0 Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status? □ Yes □ No □ Yes □ No 0 0 Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status: Date finaerorinted: ff· 17-o'I Date finaerorinted: I Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission. I ARREST RECORD: □ Felony □ Misdemeanor ARREST RECORD: □ Felony □ Misdemeanor Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated report if more space is needed) report if more space is needed) I Section 2. Investigation of Business and Address to be Licensed I Does applicant intend to have dancing or entertainment? D No Ill Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit Are gas pumps on the premises or directly adjacent? Jij No □ Yes, explain relationship: J Section 3. Local and State Codes and Ordinances, and General Recommendations Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, if this license is granted? ~ Yes □ No If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed) J Section 4. Recommendation From your investigation: 1. Is this applicant qualified to conduct this business if licensed? ,li!l Yes □ No 2. Is the proposed location satisfactory for this business? Bl. Yes D No 3. Should the Commission grant this request? IX'.Yes □ No 4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed) Date MUSKEGON POLICE DEPARTMENT 7- 7- 0 l (c ) At a Regular meeting of the City Commission ---~(R-c gu..,.. la-ro-=r S,-p cc-,-ia"""I ) ------ (Township Hoard, City or Village Council) called to order by Vice Mayor Larson on 9-14-04 5:30 at - - - - - P.M. The following resolution was offered: Moved by Commissioner Spataro and supported by Commissioner Shepherd That the request from BREWER ENTERPRISES II, INC. TO TRANSFER ALL STOCK IN 2004 CLASS C LICENSED BUSINESS WITH DANCE PERMIT, LOCATED AT 817 FOREST, MUSKEGON, Ml 49442, MUSKEGON COUNTY, BY DROPPING WAYNE W . BREWER AS STOCKHOLDER THROUGH TRANSFER OF HIS 100 SHARES OF STOCK TO NEW STOCKHOLDER, TIMOTHY W . BREWER. be considered for Approval - - - = - = - - - - - - - -(- Ap-pr- ova --,--1o-rD--i,-ap-pro-val-)- - - - - - - - - - - - - - - - APPROVAL DISAPPROVAL Yeas: 6 Yeas: ----------- ----------- Nays: 0 Nays: - -- - - - - - - - - ----------- Absent: - -1 - - - - - - - - Absent: - - - - - - - - - - It is the consensus of this legislative body that the application be: Recommended for issuance --------------,,(R =e,-om_m_cnd.,- - cd:-o-rn-otR=-ec-on-,m-end.,....ed""")- - - - - - - - - - - - - - State of Michigan - - - - -) § County of Mus!l,ub Ii c Sc t';'._:_"::··_);J8'.f!hi<< '~i~1il11 ·~ LEGACY GIVING PROGRAM Any individual or business that contributes S10,000 or more to the Muskegon Public Schools Education Endowment Fund will be considered a Legacy Giver to the Muskegon Public Schools and will be ~. permanently recognized. --1~ BENEFITS OF BECOMING A LEGACY GIVER GLrTS You will be assisting the Muskegon Public Schools to provide extraordinary educational opportunities .,~ Establishing a legacy giving progra;:ish~w for the Muskegon Public Schools. to young people. But legacy giving is not a new c6nce_ptJOi sustaining the district's endowment effOrts. In fact, many benefactors ha·~~ ffi~d~ bequests to the Muskegon _Public ·•• You will help preserve the Big Red tradition of quality s(hools Education Endowment Fund ·s1n.~~;its founding,_assu_r_ir:t9-th_a_t_·creatiye ,. education. education will be available to generationS}.:9 _corn~,. c0 You will be permanently identified as a contributor to the Muskegon Public Schools. What is a legacy gift? It is a gift to the M~,kjgon ~ublic ScheplsEdu~;;)l{; f;',;, ,.. You will be helping young people. Endowment Fund. Making a gift is easy:yo'~- si!TlP/y.need"t◊.-.iD.dk~t~_:ir}:¥~-~r: _:_?J{i}:: ; . . ., . r '>: ,· . ,-"·'· ,-_- '-· •,,,: ,· -:,<,_<,-,-,;,:;.o:,_j!.-.'.; ;,,- :,,c·:-a:,-'¼,}; ,/,.-. ' ,_ i estate planning that you want to leaY!,:_~~-tj_~r_r:g_nated'.--~ortion-(pe~,~~Pt~r){Bf'.ledgment of Your gift th~f0\ffb_e -p~_OITiinent!y' Muskegon Public Schools suggest that your legacy gift be left ·.•• .. displayed at either Muskegon HighSch9olor the Boardof to the Muskegon Public Schools Education Endowment Fund, Education, depending on your wiS_he,s.,Qther_.reCognition'W)W administered by the Community Foundation for Muskegon •. '..-, -_,, . :,v· . .-·:._.,~." ,,- -- ; be provided in newsletters and publica1:i6nsqf.the Muskegon County.This is the easiest, simplest means to leave your gift. Public Schools. However, if you would like to make other arrangements, we will do whatever you require to assist,and you can always be 11 AT WHAT LEVEL OF CONTRIBUTl()N'viilLl.Ni'r',BEd0ESf"}, certain that your bequest will be administered according to BE CONSIDERED A LEGACY GIFT? .' . ,· , ,. your wishes. All gifts benefit the educational programming of The minimum legacy gift is $10,00o,fu'fega, the Muskegon Public Schools. receive special recognition in Mus~e90n.f· newsletters and on signage: !Iii HOW ARE LEGACY GIFTS MANAGED 7 The Community Foundation for Muskegon County manages the Muskegon Public Schools Education Endowment Fund. As soon as the Muskegon~Gb)i8~e~'ti!>W~q'~i'ation , . . ',:i;",-<-:) -~·-.'.'."'.:•·1__ '.<'"/'>·\ , I · · .•rni',;rjake.,q l,<;gacy glfi;simply notify your estate planner of your intention. Also, please have • I NA,'vlE(S) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ::i~½9~Ui:-~#~ii-Pi~~B;f~-'.n:?tify u~· so;that_we can giYf; you immediate recognition as a fegacy I COMPANY/ORGANIZATION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ -~-)~fi,~J':;¥~:·F{~;~~-6~/th~t-.any single g[~ of $10,_000-_a_nd more to the Muskegon Public Schools_ I I ADDRESS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Education Endowment Fund is considered_°' legacy gift and will be recognized accordingly. I -.·,-·;:;i- ">i . I c.:v/z1P/STAIE - - - - - - - - - - - - - - - - - - - - - - >t>·,\_ - ' --_._. f--~- I PHONE _ _ _ _ _ _ _ _ _ __ FAX . Ii_-:_ .:sontrtbyte appreciated securit_ieS_ to the I ·-_ -.:. J\l\uskegon Public Sch,ools Education I E-MAIL :Er1dowm~nt Fund: I/we have become a Legacy Giver(s) for the Muskegon Public Schools by OTHER ■, cdn,ribute a deprecia;edasset(SeH th~\ •• , bequest of $10,000 or more through my estate. sesurity f?( a.loss and ta~Jt\e,ipP(8priiat~;C ; I am interested in becoming a Legacy Giver, but would like to learn more WAYS . ~uctiqnand contributerhepro~~~£totbe .Muskegon Pub11sschools,Educ~tiol1 . i:n~_nt.Fut)d- aw{ ~e_c,~tY~tl,-~t~iJ . · ,· about the program . TO GIVE charitable contrib'utiont·.\~':E:Wt{ '-·., (®:~> _ -.. ·:--:,r..:i::·>/i<:·r.--<<<:::·,:-.\')J:iH1:.·\::,...-,> . . Please consult with your individual legal/tax advisor to _ascertain which- felJ!: beJ7efjts' wi{/ beppJ?lifub!e-.toY9W: f Please detach this completed form and mail it (and your check, if applicable) to the Muskegon Public Schools Education Endowment Fund, Legacy Giving Program, 349 W. Webster specific donation This informational pamphlet is .not. -intended to provide.indiYidi:Jalle9Wtaiadvice:··.: . ·a,.-;;,,, , •... ' •.. -. ·, · '' Avenue, Muskegon Ml 49440. Commission Meeting Date: September 14, 2004 Date: August 31, 2004 To: Honorable Mayor & City Commission From: Planning & Economic Development Departmente,fe..,, RE: Set Public Hearing for Amendments to Brownfield Plan - Former Muskegon Mall SUMMARY OF REQUEST: To approve the attached resolution setting a public hearing for amendments to the Brownfield Plan, and notifying taxing jurisdictions of the Brownfield Plan Amendments, including the opportunity to express their views and recommendations regarding the proposed amendments at the public hearing. The amendments are for the inclusion of the former Muskegon Mall Property, now owned by Downtown Muskegon Development Corporation (DMDC) in the Brownfield Plan. FINANCIAL IMPACT: Brownfield Tax increment Financing would be used to reimburse the City, DMDC, and possibly developers for "eligible expenses" incurred in association with development of the Mall, starting in 2012, when the Renaissance Zone status of the Mall property will begin to expire. DMDC currently estimates that full development of the Mall property will involve approximately $60 million in private investment, resulting in a substantial increase in the local and school taxes generated by the property. "Eligible Expenses" would be reimbursed starting in 2012, including the payment of 4% interest annually. The estimated tax capture and payment schedule is included as Attachment L-4 in the proposed Brownfield Plan Amendment. The City is also authorized by law to capture up to $75,000/year to pay for "reasonable and actual administrative and operating costs of the Brownfield Redevelopment Authority. As such, $50,000/year of the local tax increment will be captured to reimburse the Brownfield Authority for its administrative costs, for a total of $550,000 over 11 years. After all eligible costs incurred by the various parties are reimbursed (estimated to be in 2017), the BRA is authorized to continue to capture local taxes for five more years for deposit into a Local Site Remediation Revolving Fund. Current estimates indicate that approximately $3,460,000 could be captured from the taxes on the Mall property for deposit into this local fund. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority will meet on September 8, 2004, and approve the Brownfield Plan Amendment adding the Muskegon Mall to the Brownfield Plan, and request the Muskegon City Commission set a public hearing on the Plan Amendments, and request notification of the taxing jurisdictions of the proposed amendment and its financial impact on each jurisdiction. RESOLUTION NOTIFYING TAXING UNITS AND CALLING PUBLIC HEARING REGARDING APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY 2004-81(9) City of Muskegon County of Muskegon, Michigan Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on the 14th day of September, 2004, at 5:30 o'clock p.m., prevailing Eastern Time. PRESENT: Members Spataro, Carter, Davis, Gawron, Larson, and Shepherd. ABSENT: Members Warmington. The following preamble and resolution were offered by Member Spataro and supported by Member Shepherd: WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the "City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), to create a brownfield redevelopment authority; and WHEREAS, pursuant to Act 381, the City Commission of the City duly established the City of Muskegon Brownfield Redevelopment Authority (the "Authority"); and WHEREAS, in accordance with the provisions of Act 381, the Authority has prepared and approved Brownfield Plan Amendments to include the former Muskegon Mall Property, and WHEREAS, the Authority has forwarded the Brownfield Plan Amendments to the City Commission requesting its approval of the Brownfield Plan Amendments and WHEREAS, prior to approval of the Brownfield Plan Amendments, the Muskegon City Commission desires to hold a public hearing in connection with consideration of the Brownfield Plan Amendments as required by Act 381; and WHEREAS, prior to approval of the Brownfield Plan Amendments, the City Commission is required to provide notice and a reasonable opportunity to the taxing jurisdictions levying taxes subject to capture to express their views and recommendations regarding the Brownfield Plan Amendments. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission hereby acknowledges receipt of the Brownfield Plan Amendments from the Authority and directs the City Clerk to send a copy of the proposed Brownfield Plan Amendments to the governing body of each taxing jurisdiction in the City, notifying them of the City Commission's intention to consider approval of the Brownfield Plan Amendments [after the public hearing described below]. 2. A public hearing is hereby called on the 1ih of October, 2004 at 5:30 p.m., prevailing Eastern Time, in the City Hall Commission Chambers to consider adoption by the City Commission of a resolution approving the Brownfield Plan Amendments. 3. The City Clerk shall cause notice of said public hearing to be published in the Muskegon Chronicle, a newspaper of general circulation in the City, twice before the public hearing. The first publication of the notice shall be not less than 20 days or more than 40 days before the date set for the public hearing. The notice shall be published as a display advertisement prominent in size. 4. The notice of the hearing shall be in substantially the following form: CITY OF MUSKEGON COUNTY OF MUSKEGON, STATE OF MICHIGAN PUBLIC HEARING ON .AN AMENDMENT TO THE MUSKEGON BROWNFIELD PLAN, AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON: PLEASE TAKE NOTICE that the Muskegon City Commission of the City of Muskegon, Michigan, will hold a public hearing on October 12, 2004, at 5:30 p.m., prevailing Eastern Time in the City Hall Commission Chambers located at 933 Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution approving a Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of 1996, as amended. The property to which the proposed Brownfield Plan Amendment applies is: Former Muskegon Mall Property 100 Muskegon Mall Muskegon, Michigan Copies of the proposed Brownfield Plan Amendment are on file at the office of the City Clerk for inspection during regular business hours. At the public hearing, all interested persons desiring to address the City Commission shall be afforded an opportunity to be heard in regard to the approval of the Brownfield Plan Amendments for the City of Muskegon Brownfield Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be open for discussion at the public hearing. FURTHER INFORMATION may be obtained from the City Clerk. This notice is given by order of the City Commission of the City of Muskegon, Michigan. Gail A. Kundinger,CityClerk 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded . AYES: Members Carter, Davis, Gawron, Larson, Shepherd, Spataro. NAYS: Members None. RESOLUTION DECLARED ADOPTED. I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on September 14, 2004, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. L O.~~· I A. Kundinger, City Clerk CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN AMENDMENT DMDC REDEVELOPMENT PROJECT FORMER MUSKEGON MALL Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment Authority on February 23, 1998, with amendments approved August 10, 1998, June 13, 2000, April 15, 2003, July 7, 2003, April 20, 2004; and June 21 2004. Original Plan Approved by the City Commission of the City of Muskegon on April 14, 1998, with amendments approved August 11, 1998; July 11, 2000; May 27, 2003, August 12, 2003, May 25, 2004; July 13, 2004; and July 27, 2004. City of Muskegon Brownfield Plan Amendment July 2004 CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN INDEX I. INTRODUCTION II. GENERAL PROVISIONS A. Costs of the Brownfield Plan B. Maximum Amount of Indebtedness C. Duration of the Brownfield Plan D. Displacement/Relocation of Individuals on Eligible Properties E. Local Site Remediation Revolving Fund Ill. SITE SPECIFIC PROVISIONS A. Kirksey/Anaconda Property (Approved 4/14/98) B. Dilesco Corporation Property (Approved 8/11/98) C. Beacon Recycling (Approved 7/11/00) D. Verplank Dock Company (Approved 5/27/03) E. Gillespie Development Property (Approved 8/12/03)) F. Loft Properties, LLC Property (Approved 8/12/03) G. Parmenter O'Toole Property (Approved 8/12/03) H. "The WaterMark" Project (Approved 5/25/04) I. Northern Machine Tool (Approved July 13, 2004) J. Terrace Lots Office Building (Approved July 13, 2004) K. Art Works Apartments (Approved July 27, 2004) L. Former Muskegon Mall (Approved _ _ _ __, City of Muskegon Brownfield Plan Amendment July 2004 I. INTRODUCTION In order to promote the revitalization of commercial, industrial, and residential properties within the boundaries of the City of Muskegon (the "City"), the City established the City of Muskegon Brownfield Redevelopment Authority (the "Authority") pursuant to Act 381, Public Acts of Michigan, as amended ("Act 381"), and a resolution adopted by the Muskegon City Commission on February 10, 1998. The major purpose of this Brownfield Plan ("Plan") is to promote the redevelopment of eligible properties within the City that are impacted by the presence of hazardous substances in concentrations that exceed Michigan's Part 201 Generic Cleanup Criteria Criteria ("facilities') or that have been determined to be Functionally Obsolete or Blighted. Inclusion of property within this Plan can facilitate financing of environmental response activities, infrastructure improvements, demolition, lead or asbestos abatement, and site preparation activities at eligible properties; and may also provide tax incentives to eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating redevelopment of underutilized eligible properties, the Plan is intended to promote economic growth fro the benefit of the residents of the City and all taxing units located within and benefited by the Authority. This plan is intended to be a living document, which can be amended as necessary to achieve the purposes of Act 381. It is specifically anticipated that properties will be continually added to the Plan as new projects are identified. The Plan contains general provisions applicable to each site included in the Plan, as well as property-specific information for each project. The applicable Sections of Act 381 are noted throughout the Plan for reference purposes. This Brownfield Plan contains the information required by Section 13(1) of Act 381, as amended. Additional information is available from the City Manager. City of Muskegon Brownfield Plan Amendment July 2004 II. GENERAL PROVISIONS A. Costs of the Brownfield Plan (Section 13(1 )(a)) Any site-specific costs of implementing this Plan are described in the site- specific section of the Plan. Site-specific sources of funding may include tax increment financing revenue generated from new development on eligible brownfield properties, state and federal grant or loan funds, and/or private parties. Where private parties finance the costs of eligible activities under the Plan, tax increment revenues may be used to reimburse the private parties. The initial costs related to preparation of the Brownfield Plan were funded by the City's general fund. Subsequent amendments to the Plan are funded by the person requesting inclusion of a project in the Plan. The Authority intends to pay for administrative costs and all of the things necessary or convenient to achieve the objectives and purposes of the Authority with any eligible tax increment revenues collected pursuant to the Plan, including, but not limited to: i) the cost of financial tracking and auditing the funds of the Authority, ii) costs for amending and/or updating this Plan, including legal fees, and iii) costs for Plan implementation These eligible tax increment revenues are identified in the site-specific sections of this Plan. As noted above, most costs related to the preparation of Plan amendments are borne by the person requesting inclusion of a project within the Plan. B. Method for Financing Costs of Plan (Section 13(1/(d) and (e))) The Authority does not intend at this time to incur debt, such as through the issuance of bonds or other financing mechanisms. In the future, the City or Brownfield Authority may incur some debt on a site-specific basis. Please refer to the site-specific section of this Plan for details on any debt to be incurred by the City or Authority. When a property proposed for inclusion in the Plan is in an area where tax increment financing is a viable option, the Authority intends to enter into Development Agreements with the property owners/developers of a properties included in the Plan to reimburse them for the costs of eligible activities undertaken pursuant to this Plan. Financing arrangements will be specified in the Development Agreement, and also identified in the Site Specific section of the Plan. City of Muskegon Brownfield Plan Amendment July 2004 C. Duration of the Brownfield Plan (Section 13(1 )(f)) The Plan, as it applies to a specific eligible property, shall be effective up to five (5) years after the year in which the total amount of any tax increment revenue captured is equal to the total costs of eligible activities attributable to the specific eligible properly, or thirty (30) years from the date of approval of the Plan as it relates to an individual site, whichever is less. The total costs of eligible activities include the cost of principal and interest on any note or obligation issued by the Authority to pay for the costs of eligible activities, the reasonable costs of a work plan or remedial action plan, the actual costs of the Michigan Department of Environmental Quality's or Michigan Economic Growth Authority's review of the work plan or remedial action plan, and implementation of the eligible activities. D. Displacement/Relocation of Individuals on Eligible Properlies (Section 13(1/i, i,k.f)) At this time, eligible properlies identified in this Plan do not contain residences, nor are there any current plans or intentions by the City for identifying eligible properlies that will require the relocation of residences. Therefore the provisions of Section 13(1 )(i-I) are not applicable at this time. E. Local Sile Remediation Revolving Fund (Section B: Section 13(1/(m)) At the time this Plan includes a property for which taxes will be captured through the increment financing authority provided by Act 381, ii is the Authority's intent to establish a Local Site Remediation Revolving Fund ("Fund"). The Fund will consist of tax increment revenues that exceed the costs of eligible activities incurred on an eligible property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture of tax increment revenue from an eligible property for up to 5 years after the time that capture is required for the purposes of paying the costs of eligible activities identified in the Plan. It is the intention of the Authority to continue to capture tax increment revenues for 5 years after eligible activities are funded from those properties identified for tax capture in the Plan. The amount of school operating taxes captured for the Revolving Fund will be limited to the amount of school operating taxes captured for eligible activities under this Plan. It may also include funds appropriated or otherwise made available from public or private sources. The Revolving Fund may be used to reimburse the Authority, the City, and private parties for the costs of eligible activities at eligible properlies and other costs as permitted by Act 381. It may also be used for eligible activities on eligible properlies for which there is no ability to capture tax increment revenues. The establishment of this Revolving Fund will provide additional flexibility to the Authority in facilitating redevelopment of brownfield properties by providing another source of financing for necessary eligible activities. City of Muskegon Brownfield Plan Amendment July 2004 SITE SPECIFIC PROVISIONS L. FORMER MUSKEGON MALL Eligibility and Project Summary (Sec. 13(1)(hl) Downtown Muskegon Development Corporation (DMDC), a not-for-profit entity, was formed to acquire and develop the former Muskegon Mall site. Most of the buildings on this 23-acre site have recently been demolished, although five (5) buildings remain standing on the site at this time. (See Map included as Attachment L-1.) Two of the five will have their facades saved and reused: the former Century Club and the former Muskegon Savings Bank. The remaining three buildings are for sale and may be developed or deconstructed. The DMDC partners are the Community Foundation for Muskegon County, the Paul C. Johnson Foundation, and the Muskegon Area Chamber of Commerce. The City of Muskegon is an ex-officio member of the DMDC. DMDC intends to market this 23-acre site to developers to create a mixed use residential, commercial, and retail development. All of the former Mall property is now included as one parcel, #61-24-921-312- 0001-00 ("Property"). The legal description of the Property is included as Attachment L-2. This eligible properly includes all personal property. The Property is considered a "facility" pursuant to Part 201 of the Natural Resources and Environmental Protection Act, and is therefore an eligible properly pursuant to Act 381. Soils samples collected by Environmental Resources Management in June 2004 found concentrations of lead and mercury that exceed the Part 201 generic residential cleanup criteria. The Property will be marketed by DMDC as a multi-developer site. Lots will be sold according to the needs of each developer. To assure continued beautification, appropriate quality, and architectural integrity, restrictive covenants will be implemented by the DMDC to assure that the project develops according to the "Imagine Muskegon" plan. Overall guidelines for the development (i.e.: building height, style, etc.) will be developed as part of each sales agreement. First, Second, Jefferson and Market Streets will be rededicated in a grid similar to the original street layout for downtown Muskegon. DMDC will sell the road and sidewalk right-of-ways to the City of Muskegon to accommodate rededication of these streets. The City will then construct the roads, sidewalks, streetscape, lighting and design. The street plan will follow closely the product of Imagine Muskegon, a planning charette involving more than 100 people in developing the vision for downtown Muskegon. This design approach will bring a lasting beauty to downtown Muskegon. City of Muskegon Brownfield Plan Amendment July 2004 The site is serviced by city water and sewer, and has appropriate electric and natural gas supplies. Where appropriate, utilities will be upgraded and improved. Where possible, electrical service and cable will be put underground. This development will help support and maintain the downtown's cultural institutions including the Museum of Art, the Muskegon County Museum, the Hackley Public Library, the Historic District and many historic churches. In addition, the development is key to the development of the broader downtown, supporting the Michigan Alternative and Renewable Energy Center and Great Lakes Water Resources Institute operated by Grand Valley University. It will also strengthen the further development of Edison Landing (Smartzone) and the WaterMark residences. The site is in a Tax-Free Renaissance Zone; therefore the taxes that companies and residents do not pay comprise nearly all the state and local taxes levied on business activity. Upon expiration of the Renaissance Zone status, phasing in in 2012 and expiring in 2014, the City of Muskegon intends for the Brownfield Redevelopment Authority to capture taxes to reimburse the costs of eligible activities, including infrastructure improvements, demolition, site preparation, and environmental response activities undertaken after this Plan was approved. When the Project is completed, DMDC estimates private investment of $60 million, and creation of 225 jobs. Eligible Activities, Financing, Cost of Plan (Sec. 13(1 ){al, (bl, (cl, (g)) Eligible activities that have been conducted on the property include conducting a Phase I and a limited Phase II Environmental Site Assessment, and demolition of most of the buildings. Additional eligible activities that are intended to be paid for through Brownfield tax increment revenues may include BEA and Due Care Response Activities; additional demolition; lead and asbestos abatement; public infrastructure improvements; and site preparation activities. Tax increment revenues will be used to reimburse the City, DMDC, and possibly developers for the cost of eligible activities undertaken by those parties and authorized pursuant to Act 381. No costs shall be reimbursed with school operating tax increment revenues unless they are conducted pursuant to a work plan approved by the Michigan Department of Environmental Quality or the Michigan Economic Growth Authority (MEGA). The following are eligible activities that may be reimbursed through Brownfield tax increment revenues: 1. MEGA Act 381 Work Plan: The cost to prepare the MEGA Act 381 Work Plan for construction of the infrastructure and site preparation activities, in accordance with MEDC guidelines (including MEGA review costs of $1,000) is estimated at $3,500. City of Muskegon Brownfield Plan Amendment July 2004 2. MDEQ Act 381 Work Plans: Costs to prepare MDEQ Act 381 work plans for BEA and Due Care response activities, plus costs for MDEQ work plan review ($1,000 per work plan) are estimated at $10,000. 3. Demolition Activities. including Lead and Asbestos Abatement: While most buildings on the Property have already been demolished, future developers may want to demolish one or more of the remaining buildings. Remaining demolition costs are estimated at $100,000. 4. Public Infrastructure Improvements: First, Second, Jefferson and Market Streets will be rededicated in a grid similar to the original street layout for downtown Muskegon. DMDC will sell the road and sidewalk right-of-ways to the City of Muskegon to accommodate rededication of these streets. The City will then construct the roads, sidewalks, streetscape, lighting and design. The street plan will follow closely the product of Imagine Muskegon, a planning charette involving more than 100 people in developing the vision for downtown Muskegon. This design approach will bring a lasting beauty to downtown Muskegon. The estimated costs for these improvements are $3,611,971. Additional details regarding these cost estimates can be found in Attachment L-3. 5. Site Preparation Activities: Surveys, borings, testing, staking, etc. costs are estimated at $300,000. 6. BEA and Due Care Costs: Activities necessary for developers to undertake their environmental due diligence, and any necessary costs related to Due Care obligations, including preparation of Due Care Plans and implementation of Due Care Response Activities, are estimated at $500,000. This amount is intended to accommodate the needs of the several developers anticipated to be involved in this Project. 7. Contingencies: Contingencies, estimated at 15% of estimated costs (which total $4,525,471), would total $678,821. A summary of all eligible expenses is included in Attachment L-3. The following costs will be captured as allowed by law: Brownfield Redevelopment Authority Administrative Costs: Reasonable and actual administrative and operating costs of the BRA from non-school taxes would be captured. $50,000/year will be captured from this Property for Administrative Costs of the BRA. Financing Costs: The BRA intends to capture tax increment revenue to pay for interest on the eligible expenses incurred. Interest is calculated at 4%, compounded annually, with payback beginning in 2012. The interest costs total $3,292,239. City of Muskegon Brownfield Plan Amendment July 2004 Local Site Remediation Revolving Fund: The BRA intends to capture local tax increment revenue for five additional years after all eligible activities plus interest are reimbursed, for deposit into the Local Site Remediation Revolving Fund. The amount of school operating taxes captured for the Revolving Fund will be limited to the amount of school operating taxes captured for MDEQ eligible activities under this Plan. Currently, the total amount to be placed into the Revolving Fund is estimated to be $3,460,182. There will be no use of the Local Site Remediation Revolving Fund to finance this project. An estimate of the yearly captured taxable value and tax increment revenues for from the Property are shown in the tax capture table included as Attachment L-4. This table also shows the estimate of the impact of tax increment financing on the revenues of all taxing jurisdictions affected by this tax capture. Financing {Section 13{1l(d) Financing to pay for infrastructure costs may come from a variety of sources. DMDC is seeking grant monies to help pay for some of the infrastructure costs. Tax increment financing will not be used for eligible activities funded by grant funds. DMDC intends to invest $1.2 million towards infrastructure costs upon sale of property in the Project. The City of Muskegon intends to invest $450,000, also upon the sale of property. Developers are responsible for financing of demolition, BEA and Due Care costs. DMDC, the City, and developers would be reimbursed for eligible activities, with interest, through the Brownfield tax capture. A development agreement will be negotiated with any developer incurring eligible expenses to provide for reimbursement through tax increment financing. Effective Date of Inclusion in Brownfield Plan The Former Muskegon Mall Property was added to this Plan on _ _ _ _ _2004. City of Muskegon Brownfield Plan Amendment July 2004 ATTACHMENT L-1 SITE MAP FORMER MUSKEGON MALL l"'~ri.~~ ------------ ,,,..oo,:,in E ;ii: :1: ~ ii I '.)NOf 30 ~3~00H 'd&ot:Hflriwdb1iIA~(fNd$"ii>ISnW NMOJNMda lN3Vlld013/\303):l NMO!NMOO •I i !! :ti . . " 1·II Ii _,_._: - -- ..... 0 (J z Q. ~ ;, !! " --~j ,, ' 'I' I I ' w Cl City of Muskegon Brownfield Plan Amendment July 2004 ATTACHMENT L-2 LEGAL DESCRIPTION FORMER MUSKEGON MALL Jlll,14, ZUUlt Jl:JUt'M MUi)l\t\JVI~ I...VUl~II !II/• "t l,. VI/ I ' !. CITY OF MUSKEGON REVISED PLAT OF 1903 MUSKEGON MALL PROPERTY THAT PART OF BLK 309, BLK 310, l3LK 311, BLK312, BLK 559, BLK 560, BLK 561, BLK 564, AND BLK 565 DESC AS ENTIRE BLK 309 LYING WLY OF WLY Lfl\'E TERRACE ST AS RELOCATED (\1/LY LINE OF TERRACE ST RELOCATED DESC AT END OF DESC) TNCLUDlNG E/W AND N/S ALLEYS VACATED 1N SD BLK ALSO BLK 310 LOTS I TO 11 INCLUSIVE ANDNT.Y 112 OF VAC E/W ALLEY ADJ THERE TO AND LOT 18 AND SLY 112 OF E/W ALLEY ADJ THERE TO SD BLK 310 ALSO ENTIRE BLK 311 EXC EIW ALLEY IN SD ELK ALSO ENTIRE BLK 312 INCLUDING ALL VAC ALLEYS TN SD BLK ALSO LOTS 7 TO 16 TNCLUS!VE BLK 559 LYING SLY OF MORRIS ST AND WL Y OF TERRACE ST AS RELOCATED (SEE DESCRIPTION OF MORR!SfrERRACE BELOW) ALSO ENTIRE BLK 560 TNCLUDJNG VAC ALLEY IN SD BLK ALSO LOTS 3 TO 15 BLK 561 LYING SELY OF SELY LINE MORRIS ST AND SELY 112 OF VAC 18 FT ALLEY THAT RUNS SW TO NE IN SD BLK 561 ALSO LOTS I AND 2 AND LOT 7 AND LOTS 8 TO 13 INCLUSIVE ELK 564 ALSO LOTS 1 TO 18 INCLUSIVE BLK 565 AND ENTIRE VACALLEY ADJ TO LOTS 3 TO IS INCLUSIVE SD BLK 565 ALSO INCL ENTIRE VAC WESTERN AVE ELY OF 3RD ST AND WLY OF TERRACE ST AS RELOCATED ALSO INCL VAC JEFFERSON ST N OF CLAY AVE ALSO INCL VAC JEFFERSON ST N OF WESTERN AVE ANDS OF MOIUUS A VE ALSO INCL VAC MARKET ST WLY OF TERRACT ST (RELOCATED) AND ELY OF A LINE DESC AS J3EG AT SECOR LOT 2 BlX 561 TH SELY ALD E LlNE SD LOT 2 IF EXTENDED 33 FT TH SWLY ALO C/L OF MARKET ST TO INTERSECTION WITH WESTERN AVE FOR POE OF SD.LINE ALSO INCL SWLY 1/2 01' VAC I ST ST ADJ TO LOTS 13 14 AND ALLEY IN BLK 311 ALSO INCL ENTIRE VAC HRST STREET LYING N OF NLY ALLEY SD BLK 311 ANDS OF A LINE DF.SC AS COMATNECOR LOT 13 BLK564 TH NE ALONG EXTF.NTTON OF N LINE SD LOT 13 10 FT MIL TH S 86D 00M 00S E 5.66 FT TH S 41D 33M 00S E 43. l FT TH S 86D 00M 00S E 17.9 FT Jul,14, 1004 11:31PM MU>Ktcu, cuurn THN 49D 00M00S E 199.83 FT TO POE OF SDL!NE .ALSO INCL THAT PART OF 2ND ST LYING SLY OF SLY LJNE OF ALLEY IN BLK 565 IF EXTENDED ELY TO NW COR LOT 8 BLK 564 ALSO INCL THAT PART OF SWLY 1/2 OF2ND ST ADJ TO LOT 18 BLK 565 AND LOT 8 BLK 564 (RELOCATED LINES OF MORRIS AVENUE AND TERRACE ST JS AS FOLLOWS: COMATSWCORLOT 19BLK 309 TH.NELY ALG N LINE CLAY AVE338.40 l'r FORPOB OF WT,Y LINE TERRACE ST THN 34D 0!M00S W 190,25 FT THNWLY ALG SWLY LINE TERRACE ST ON ARC OF 482.50 FT RAD CURVE TO LEFT 221.25 FT (LONG CHORD BF.ARS N 50D 40M W 2\ 9.27FT) 1 TH N 630 48M W Al,G SWLY L!NE TERRACE ST 284.90 FT TH N 6JD 48M W ALG SWLY L!NE TERRACE ST 211.80 FT TH WLY ALG ARC OF 82 FT RAD CURVE TO LEFT128.47FT (LONG CHORD BEARINGS 71D 19M W 115.73 FT TO SELY LINE MORRIS AVE) AND POE OF WL Y LINE TERRACE ST RELOCATED City of Muskegon Brownfield Plan Amendment July 2004 ATTACHMENT L-3 SUMMARY OF ELIGIBLE ACTIVITIES & INFRASTRUCTURE COST DETAIL FORMER MUSKEGON MALL BUDGET FOR ACT 381 ELIGIBLE ACTIVITIES FORMER MUSKEGON MALL SITE DOWNTOWN MUSKEGON, MICHIGAN Act 381 Work Plan Development MEGA Work Plan and MEGA Review $ 3,500 MDEQ Work Plan and MDEQ Review $ 10,000 Demolition Demolition, including lead and asbestos abatement $100,000 Public Infrastructure Basic Street Repairs (see attached detail) $1,921,971 Widen and Improve Sidewalks Over Base Plan 200,000 Snowmelt system on Sidewalks 500,000 Street Lighting (50 units) plus installation 125,000 Utilities (gas, telephone, cable) 200,000 Landscaping and Sprinkling in Public Right of Way 215,000 Acquisition of property for Public ROW (roads) $ 450,000 Subtotal $3,611,971 Site Preparation Survey, Borings, Testing, Staking, etc. $ 300,000 Environmental Response Activities BEA and Due Care Response Activities $ 500,000 Total Eligible Activities $4,525,471 Contingency and Administration at 15% $ 678,821 TOTAL $5,204,292 FORMER MUSKEGON MALL PUBLIC INFRASTRUCTURE COST ESTIMATE STREET IMPROVEMENTS WESTERN AVE. THIRD to TERRACE $ 612,789.20 SECOND ST. CLAY to MORRIS $ 171,556.50 FIRST ST. CLAY to MORRIS $ 174,652.80 JEFFERSON ST. CLAY to MORRIS $ 275,288.00 MARKET ST. JEFFERSON to TERRACE $ 71,280.00 TOTAL $ 1,305,566.50 WATERMAIN IMPROVEMENTS WESTERN AVE. THIRD to TERRACE $ 133,140.00 SECOND ST. CLAY to MORRIS $ 42,780.00 FIRST ST. CLAY to MORRIS $ 26,118.00 JEFFERSON ST. CLAY to MORRIS $ 76,020.00 TOTAL $ 278,058.00 SAN. SEWER IMPROVEMENTS WESTERN AVE. THIRD to TERRACE $ 194,460.00 FIRST ST. CLAY to MORRIS $ 44,676.00 JEFFERSON ST. CLAY to MORRIS $ 71,190.00 MARKET ST. JEFFERSON to TERRACE $ 28,020.00 TOTAL $ 338,346.00 i TOTAL $ 1,021,01O.so i City of Muskegon Brownfield Plan Amendment July 2004 ATTACHMENT L-4 TAX CAPTURE ESTIMATES FORMER MUSKEGON MALL 1 t 88 8 8 8 8 8 i! " ' 0 l"OH-+-t-1-l I iiiiiii --•-i-~IJ t. - ~ ~ H-1-+-l-+-t-l-+-J-H-++-11--+-f--t-l--l"ot--l-".lo'o = -l'o"-t-t--1-1-+-l"-o ~o'+o"-t--/'o'-jeo ~o.f--+o"-+"o-l'o'+-1"8'l'~ ~ ~.j'84"8.~8'-/--1--l'i!'t-J-'iC/i"-f"i.j'i4'-ijSi.j'i"-J--t--l8"'-t--fSlf--+_Fl-f'~"I r r H7 -++++--t-+-H-+++t-t-t-ro++o"--l'o~o++o~+++--J-roTo+o~--1"-ooo 000 1-H-+~-+-H-+-r-+-+-H-+-+I-Hi-l"o+_µo~o·~ot-µo~++-l-H•o~o~o~-/O~o~o~-10~0~0'-1--l8888i8s l--+--f--l-+-+---l--+--l-+--HH-+-+---1---l--l- C-f"o-l-~o'--l'o'--l-"o'-1--l _ 0 0 0 HH-+-+++--l-Hi-1-+-+---l--+-l-l-i-l-+o~l---l'o~o4eot-µo~-I-- -t-Hro+"ofo',--f"o+o"--l'o't--f"-f'-I-- -t-H-++-I-H-+-f--1--Ll'O>__[__j__j'~t-Hi"--l"l_µ,"-t-l-'~-l'i"--l"IH ~i!~~i ·1' J J -<---l----1---l--l--H-+-+-- --HH--l----l---1---l--l-~-0°' o i ... "' "' 0, iii ~ "' -· t l-+-S-l-C~H-+-f--r+-f--r'-l--l-+-+--4--+";-l-<-~§Fo,,!_,-4·,,_ij1-.J'OS/_S-O1--+-lo"-/o ,o_l-+t+f'--1-"; l-l';'-1"-o1"'1'-1----l'f~;l"'!-l'i,,;,._,,.!+-8+8"-+---1----