City Commission Packet 05-11-2004

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                           MAY 11, 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. Request to Fly the Norwegian Flag. CITY CLERK
      C. Liquor license Request - Great lakes Entertainment. LLC. 441 W.
         Western Avenue. CITY CLERK
      D. Title V Grant Application. LEISURE SERVICES
      E. Sale of Buildable Vacant lot at 1275 Dudley Avenue.         PLANNING &
         ECONOMIC DEVELOPMENT
      F. Health Care Opt-Out. FINANCE
      G. Approval of Resolution to       Sell   503   Octavius.   COMMUNITY      &
         NEIGHBORHOOD SERVICES
      H. Appointment to Housing Board of Appeals. PUBLIC SAFETY
□   PUBLIC HEARINGS:
      A. Request to Establish an Obsolete Property District - PCJ Enterprises. LLC.
         PLANNING & ECONOMIC DEVELOPMENT
      B. Request to Issue an Obsolete Property Certificate - PCJ Enterprises. LLC.
         PLANNING & ECONOMIC DEVELOPMENT
□   COMMUNICATIONS:
□   CITY MANAGER'S REPORT:
□   UNFINISHED BUSINESS:
         A. Rezoning Request for Property Located at 407 Marquette Avenue {SE
            Corner of Marquette Ave. and Wood St.) PLANNING & ECONOMIC
            DEVELOPMENT
         B. Request for Extension of Deadlines for Former Lakos Property.
            PLANNING & ECONOMIC DEVELOPMENT
□   NEW BUSINESS:
        A. Liquor License Request - Mason Street Market, 24B Mason Street. CITY
           CLERK
         B. Graffiti Ordinance. LEISURE SERVICES
         C. Request to Establish a Pay Range - Police Records Supervisor. PUBLIC
            SAFETY
□   ANY OTHER BUSINESS:
□   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 fo1Ward 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 wifh Cily Clerk.)
□   ADJOURNMENT:
ADA POLICY: THE CJTY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDJV!DUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GA!LA.
KUNDINGER, CJTY CLERK, 933 TERRACE STREET, MUS! our inost important i,s~et.· ·_ . •
                                       .. .:: .) ' : . ::.:              .·   .                               . .. -.   . _:.1:)>_'.,'.___:.:;_·.. ~-_:.' .......:-
                                     · ·-·i••;,(_;   ·:,r,;·.·;,         ·, ···",, ·..                                                              -
Date:     May 3, 2004
To:       Honorable     ~jJ':id City Commissioners
From:     Ric Scott   /T~
RE:       Title V Grant Application


SUMMARY OF REQUEST:
To authorize the Title V planning Committee to submit a
grant application for the Delinquency Prevention Program


FINANCIAL IMPACT:
Local $45,000 match to come from in-kind services from
the city and two other agencies


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Affirmative Action
/231)724-6703
FAX: (23 1)722-1214




City Manage r
/231\724-6724
FAX: (231)722-1214


Civil Service
1231)724-61 16
FAX: (231)724-4405
                          Date.•         May 3, 2004
                          To:            Honorable ~~w~ City Commissioners
C lerk
/23 I )724-6705
FAX: (231)724-4 178       From :         Ric Scott ~
                          Re:            Title V Grant Application
                          The Planning Committee for the Title V Delinquency
                          Prevention Program is reque sting that they submit a
Computer Info.
                          grant for $90,000 to the Juvenile Justice Department.
r2~fH~'J'.i744
FAX: (231)722-430 1       The grant is to improve the student's perception of
                          school and to get the students to go to school.
M1\·
   ,~~~i%~     0

FAX: (23 1)727-6904
                   " ..
                          The program model will be service learning. The
                          students will actually develop a community service
rini
   Wil~l~
FAX: (231)724-6768
                          project or projects that will help to improve their
                          perception of their school.
/:lJYi~if.'iim            A $45,000 local match is required. The match will be
FAX: (231)724-6985
                          provided by in- kind services such as the playground
In come Tax
                          staff's time devoted to this project. Several groups
/231)724-6770
FAX: (231)724-6768        will be involved in the project including the Girl
                          Scouts, Volunteer Muskegon, and the Leisure Services
                          Department.
                          I would ask that you authorize the committee to submit
Leisure Services
(23 1)724-6704
                          the application and to have the mayor sign the attached
FAX: (231)724- 1 I 96     compliance letter. The committee has already
                          established that the City of Muskegon complies with
l"lm½t9.~8f   e
FAX: (231)722-12 14
                          these standards . If funded the money would be available
                          in October of this year.
Plannine/Zoning
(23 1)72.f-6702
FAX: (231)724-6790
                          Thank you for your consideration .

Fi~iWR~R~W" ent
FAX: (231)722-5 140




Treasurer's Office
(231)724-6720
FAX: (23 1)724-6768



mtrf2~'.~~1\ Dept.
FAX: (231)724-6768


Water Filtra tion
(231)724-4106
FAX: (23 1)755-5290

                                City of Muskegon, 933 Terrace Street, P..o. ~ox 536, Muskegon, MI 49443-0536
                                                           www.shorehnec1ty.com
 Affirmative Action
 (231\724-6703
 FAX: (231)722-1214




 City Manager
 (231 )724-6724
 FAX: (231)722-1214
                        STATEMENT OF COMPLIANCE FOR LOCAL UNITS OF GOVERNMENT
Civil Service
(231)724-6716         PARTICIPATING IN THE TITLE V DELINQUENCY PREVENTION PROGRAM
FAX: (231)724-4405


Clerk                 May 3, 2004
(231\724-6705
FAX: (231)724-4178
                      Jeanette Scroggins
Community and         Juvenile Justice Specialist
,2~r{Jr4.W-Nces
FAX: (231)726-2501    Federal Grants Unit
                      Bureau of Juvenile Justice
Computer Info.
                      235 S. Grand Ave. Suite 403
,2~m17."6744
FAX: (231)722-4301    Lansing, MI 48909

                      Dear Ms. Scroggins:

                      Re:     Statement of Compliance with the Juvenile Justice and Delinquency
mr1~~~~1/l~
FAX: (231)724-6768            Prevention Act (JJDPA) core requirements for the Title V Delinquency
                              Prevention Initiative
mir,m,792 ·
FAX: (231)724-6985
                      The City of Muskegon is participating in the Juvenile Justice and Delinquency
Income Tax
(231 )724-6770        Prevention Act Title V Delinquency Prevention Initiative. This letter is our local
FAX: (231)724-6768
                      unit of government's indication that we meet the four JJDPA core requirements
                      necessary required to participate:
                              •    Deinstitutionalization of status offenders and non-offenders (neglect and
Leisure Servicu                    abuse victims).
(231)724-6704
FAX: (231)724-1196
                              •    Separation of adults from juveniles in adult jails and police lockups.
                              •    The removal of juveniles from jails and police lockups.
                              •    Minority over-representation in the juvenile justice system
Plannim,/Zoning
(231 )72f.6702
FAX: (231 )724-6790   We understand that the Michigan Committee on Juvenile Justice will be considering
                      this request for certification of compliance at one of its regularly scheduled meetings.




                      Stev        ______, n, Mayor
Treasurer's Office    City of Muskegon
(231)724-6720
FAX: (231)724-6768


n';/rf2~!~~1\ Dept.
FAX: (231)724-6768


Water Filtration
(231)724-4106
FAX: (231)755-5290

                             City of Muske2on, 933 Terrace Str~et, l>_O. Box 536, Muske2on, MI 49443-0536
                  Commission Meeting Date: May 11, 2004

 Date:                April 28, 2004
To:                   Honorable Mayor & City Commission
From:                 Planning & Economic Development Department                            C/3 c.,
RE:                  Sale of Buildable Vacant Lot - 1275 Dudley Ave.


SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1275 Dudley Avenue (designated as parcel
number 24-610-000-0145-00) to Kenyatta & Cynthia Drones of 760 Emerald Street, Apt. F,
Muskegon, Ml. The lot is 143 x 132 ft. and is being offered to the Drones for $9,000. They
plan to use the land for the construction of a 2,562 sq. ft. single-family home with a 3-stall
attached garage. The True Cash Value (TCV) for the property listed in the Assessor's office
is $12,000, so our price is set at $9,000 which is 75% of that amount.

FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.

COMMITTEE RECOMMENDATION:
The Land Reutilization Committee (LRC) recommended approval of this request at their
April 27, 2004 meeting.




4/28/04
                                    Resolution No. 2004 -4 4 ( e)

                             MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1275 DUDLEY
AVENUE IN MARQUETTE NEIGHBORHOOD FOR $9,000.

WHEREAS, Kenyatta & Cynthia Drones have placed a $400 deposit for the parcel designated as
parcel number 24-610-000-0145-00, located at 1275 Dudley Avenue; and

WHEREAS, the price for parcel number 24-610-000-0145-00 is set by the City at $9,000, which
is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and

WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and

WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots, as
recommended by the Land Reutilization Committee (LRC).

NOW THEREFORE BE IT RESOLVED, that parcel number 24-610-000-0145-00, located at
1275 Dudley Avenue be sold to Kenyatta & Cynthia Drones for $9,000.

           CITY OF MUSKEGON URBAN RENEWAL PLAT NO l, LOTS 145 & 146

Adopted this 11th day of May, 2004

Ayes:    Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro

Nays:    None

Absent    None
                                       CERTIFICATION

I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on May I I, 2004.                                                   ~

                                                              By:L ~     Gail Kundinger,    MC
                                                                         City Clerk
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                                    REAL ESTATE PURCHASE AGREEMENT


            THIS AGREEMENT is made                   May 11           , 200i__, by and between the
      CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
      Michigan 49440 ("Seller"), and KENYATTA and CYNTHIA DRONES, husband and wife, of
      760 Emerald Street, Apt. F, Muskegon, Michigan 49442 ("Buyer").

              1.     General Agreement and Description of Premises. Seller agrees to sell, and
     Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
     beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
     the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
     and specifically described as:

                                 CITY OF MUSKEGON URBAN RENEWAL PLAT
                                 NO. I, Lots 145 & 146

     Subject to the reservations, restrictions and easements of record, provided said reservations,
     restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
     same, and subject to any governmental inspections required by law.

             2.     Purchase Price and Manner of Payment. The purchase price for the Premises
     shall be Nine Thousand and no/100 Dollars ($9,000.00).

             3.     Taxes and Assessments. All taxes and assessments that are due and payable at
     the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
     assessments that become due and payable after Closing shall be the responsibility of Buyer.

              4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
     to closing, a commitment for title insurance, issued by Land America Transnation Title
     Insurance Company, for an amount not less than the purchase price stated in this Agreement,
     guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
     easements of record disclosed by said title commitment is, in the sole discretion of Buyer,
     deemed unreasonable, Seller shall have fo1iy-five (45) days from the date Seller is notified in
     writing of such unreasonableness of restriction and such unmarketability of title, to remedy such
     objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory
     title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as
     herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve
     such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
     title insurance, this Agreement will be terminated at Buyer's option. The premium for the
     owner's title policy shall be paid by Seller.

             5.      Covenant to Construct Improvements and Use. Buyer acknowledges that, as
     part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
     premises a single-family home, up to all codes, within eighteen (18) months of the closing of this



     C:\DOCUME~1\anguilm\LOCALS-1\Temp\BJ0297.doc
transaction. Buyer may only remove those trees necessary for construction of the home and
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.

        6.      Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.

      7.   Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.

        8.       Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.




C:\DOCUME-1\angui!m\LOCALS-1\Temp\BJ0297.doc
         9.      Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __
  200_ ("Closing"). The Closing shall be conducted at Land America Transnation Title
  Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the
  parties shall execute an IRS closing report at the Closing.

       I 0.    Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.

       I I.     Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.

        12.    Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.

       13.     Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.

                   Buyer shall pay for the cost of recording the deed to be delivered at Closing.

         14.       General Provisions.

               a.     Paragraph Headings. The paragraph headings are inserted in this
         Agreement only for convenience.

                  b.    Pronouns. When applicable, pronouns and relative words shall be read as
         plural, feminine or neuter.

                c.     Merger. It is understood and agreed that all understandings and
         agreements previously made between Buyer and Seller are merged into this Agreement,
         which alone fully and completely expresses the agreement of the parties.

                d.      Governing Law. This Agreement shall be interpreted and enforced
         pursuant to the laws of the State of Michigan.

                e.      Successors. All terms and conditions of this Agreement shall be binding
         upon the parties, their successors and assigns.

                 f.      Severability. In case any one or more of the provisions contained in this
         Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
         respect, such invalidity, illegality, or unenforceability shall not affect any other provision
         of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
         unenforceable provision(s) had never been contained herein.




C:\DOCUME~1\angui!m\LOCALS~1\Temp\BJ0297.doc
                  g.      Survival of Representations and Warranties. The representations,
           warranties, covenants and agreements contained in this Agreement and in any instrument
           provided for herein shall survive the Closing and continue in full force and effect after
           the consummation of this purchase and sale.

                  h.      Modification of the Agreement. This Agreement shall not be amended
           except by a writing signed by Seller and Buyer.

       The parties have executed this Real Estate Purchase Agreement the day and year first
above written.

WITNESSES:


                                                                          o   t,   M
                                                                                   1   1or-
                                                                              ~oLv._ -
                                                       Gail A. Kundinger, MMC, Clerk


                                                       BUYER:




                                                       Cy thia Drones
                                                       SS No.: 3'/7 /)ic5fr97




C :\DOC UM E-1 \angui!m\L OCALS-1 \ Temp\BJ0297 .doc
                                                         QUIT-CLAIM DEED

KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,

QUIT CLAIMS to KENYATTA & CYNTHIA DRONES, husband and wife, of 760 Emerald Street, Apt. F, Muskegon, MI 494424,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                                       CITY OF MUSKEGON URBAN RENEWAL PLAT NO. I,
                                       Lots 145 and 146

for the sum of Nine Thousand and no/I00 Dollars ($9,000.00)

PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction ofone (I) single family home on the premises herein
conveyed within eighteen (18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (I) issuance ofa residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director oflnspections, substantial completion of the dwelling
described in the said building permit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property of Gran tor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (I) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).

              111 • 1 day of f1la 'I
Dated this ---1.J.I!l_      ~~"'o,._____~, 200_'{_.
Signed in the presence of:




        C:\DOCUME-1\ANGUILM\LOCALS-1\TEMP\BJ0297.DOC
 STATE OF MICHIGAN
 COUNTY OF MUSKEGON

                                                                   /1J) 5 5
     HOME ADDRESS                91 :> w. \=-c,, t~ s+                Ii u   c_   111 \,) ~ k           fl,, Y9 '--1 '-i I
                                         (Street, City, State, Zip)

 HOMEPHONE#Q3iJ                             l;:J,1-9v,\3                          WORKPHONE#(Q3\)                         11'3·J/3j
                       1
     OCCUPATION·_e_.::::;;_\_:,,'.\_"-:,L\.!...c:C.:1~cc.:.\.:....1~G,:,,_\L_.._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                        (If retired, give former occupation)




 PERSONAL & COMMUNITY ACTIVITIES --'-\-\_,,ccJ'ffi=e..,~_,C,,:•,,c'--'-',c'-'-'l\--""-'-''f-c"",h'-'---'1----10~------------
                                                                                                    '
 Why would you be a good member of this committee? What do you bring to the committee ?

      -::s:-_   -::><" '(\           \,c•l\<'/',1          0,'{',c\    C\    .'\'..:e..\, •                   e,0<:..c    \y,J ..     S\iod


 PERSONAL REFERENCES: (Please list the name and phone numbers of three personal references)

 1.      ?c,.\- \...U,\\,0..,-y0                                                                (lcl\oJ ':3YY-'3'3?i'-f
                         (Name)                                                                 {            (Phone Number)
2.        \__u c,      \---r- ...i   -\-~c~,-\-                                                     l, I\,..) ']'() \a - 'j \o5'3
                         (Name)                                                                 ~            (Phone Number)
 3. - - - - - - - - - - - - - - - - - - - - -
                         (Name)                                                                              (Phone Number)

PLEASE INDICATE BOARDS/COMMISSIONS/COMMITTEES INTERESTED IN SERVING ON - MARKING #1 AS
YOUR FIRST PREFERENCE:

 (    ) Board of Canvassers                                                       0f Housing Code Board of Appeals
 (    ) Board of Review                                                            ( ) Housing Commission
 (    ) Cemetery Committee                                                         ( ) Income Tax Board of Review
(    ) Citizen's Police Review Board                                              ( ) Land Reutilization Committee
(    ) City Employees Pension Board                                               ( ) Leisure Services Board
(    ) Civil Service Commission                                                   ( ) Loan Fund Advisory Committee
 (   ) CDBG-Citizen's District Council                                            ( ) Local Develop. Finance Authority
(    ) Construction Board of Appeals                                              ( ) Local Officers Compensation Com.
(    ) District Library Board                                                     ( ) Planning Commission
(    ) Downtown Development Authority/Brownfield Board                            ( ) Police/Fireman's Pension Board
(    ) Election Commission                                                        ( ) Public Relations Committee
(    ) Equal Opportunity Committee                                                ( ) Zoning Board of Appeals
(    ) Historic District Commission
(    ) Hospital Finance Authority

Are you willing to serve on other boards/committees not checked off above?                          YES       NO      (Circle one)

• Attach Additional Sheets or Resume if Desired.

Return this form to:                   City Clerk's Office, 933 Terrace St., P. 0. Box 536, Muskegon, Ml 49443-0536
Date:      May 11, 2004
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:        Liquor License Request
           Great Lakes Entertainment, LLC
           441 W. Western Avenue




SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Great Lakes Entertainment, to
transfer ownership of the 2000 Oass C-SDM licensed business located
in escrow at 1679 E. Sherman Blvd., from Bill Knapp's to 441 W.
Western Avenue. They are also requesting a new Dance-Entertainment
Permit and additional Bar Permit.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval as long as license holder
completes renovations and obtains occupancy permit from the City.
 AfflrmaliveAclion
 724·G703




 Assessor
 724-6700




 Cemetery
 724-()783


                                                             West Michigan's Shoreline C,'ity
Civil Service
724-671()

                   April 5, 2004
Clerk
724·G705



                   To:                City Commission through the City Manager
Engineering
72,16707
                   From:                   ¼. L.l~
                                      Anthy L. Kleibecker, Director of Public Safety
Finance
72,1-6713
                 Re:                  Liquor License Request - SOM Transfer & New Dance -
                                      Entertainment Permit
Fire Dept.
724·6792


                 The Muskegon Police Department has received a request from the Michigan Liquor
C. N. Services   Control Commission for an investigation of applicant Great Lakes Entertainment LLC of
724-6717
                 441 W. Western Avenue in Muskegon. Great Lakes Entertainment LLC is comprised of
                 the following individuals: Hobart Thrasher, Peter Johnson, Brian Johnson, Mark
lnspcclions
                 Vandermeulen, and Brian Boersema.
724-67 15

              Great Lakes Entertainment requests to transfer ownership of 2000 Class C-SDM
 .        . licensed business located in escrow at 1679 E. Sherman Blvd, Muskegon Ml 49444
~~:l~~~ervicc from Bill Knapp's Michigan, Inc. to 441 W. Western Avenue. Muskegon Ml 49440. They

              also request a new Dance-Entertainment Permit and additional Bar Permit. Most
              parties involved in this transfer have prior experience in the alcohol-serving industry.
Manager's Office
72,1-6724
                 A check of Muskegon Police Department records and criminal history showed no
                 reason to deny this request.
Mayor's Office
724·6701




l'lanning/Zonin:AL K/d     I
72,16702




Police Dept.
7241>750




Puhlic Works
726·47flG




'l'rcasurc1·
72,16720




Watc1· llcpl.                  City or Muskegon. P.O. Box 536. 980 J elTCl'SO ll SLl'CCL, Musk<~gon. Michigan 49443-0536
724·G71fl
To:    Chief Tony Kleibecker

From: Det. Kmi Dykman

Date: 04-01-04

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 Great Lakes Entertainment
L.L.C. of 441 W. Western Ave. Muskegon, MI. 49440. Great Lakes Entertainment
L.L.C. is comprised of the following individuals: Hobart Thrasher, Peter Johnson, Brian
Johnson, Mark Vandermeulen and Brian Boersema.

Great Lakes Entertainment requests to transfer ownership of 2000 Class C-SDM licensed
business located in escrow at 1679 E. Sherman, Muskegon, MI. 49444 from Bill Knapp's
Michigan, Inc. to 441 W. Western, Muskegon, MI. 49440 and requests New Dance-
Ente1iainment Permit and additional Bar Permit. Most parties involved in this transfer
have prior experience in the alcohol serving industry.

A check of MPD records and Criminal History showed no reason to deny this request.

Respectfully submitted,




Det. Kurt Dylanan


data/common/GreatLakes
                     Mich1;,c1n Department of Consumer & Industry ~ervices
                                LIQUOR CONTROL COMMISSION
                                        7150 Harris Drive
                                         P.O. Box 30005
                                  Lansing, Michigan 48909-7505

                              POLICE INVESTIGATION REQUEST
                                [Authorized by MCL 436.1201 (4)]



To:    MUSKEGON POLICE DEPARTMENT                           Date: July 31, 2003
       CHIEF OF POLICE
       980 JEFFERSON STREET
       PO BOX536
       MUSKEGON, Ml 49443-0536
                                                            REF#: 217932

                                                           3-L~-o+ -         rr-
Chief Law Enforcement Officer

Applicant:
                                 L.L.C',
GREAT LAKES ENTERTAINMENT,-· REQUESTS TO TRANSFER OWNERSHIP OF 2000 CLASS C-
SDM LICENSED BUSINESS                                , LOCATED IN ESCROW AT 1679 E.
SHERMAN, MUSKEGON, Ml 49444, FRUITPORT TOWNSHIP, MUSKEGON COUNTY, FROM BILL
KNAPP'S MICHIGAN, INC., MARCIA R. MEOLI, TRUSTEE; TRANSFER LOCATION (GOVERNMENTAL
UNIT) (MCL 436.1531 (1) TO 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY; AND
REQUESTS NEW DANCE-ENTERTAINMENT PERMIT$<\DDITIONAL BAR PERMIT,
CONNECTION (STEP II).




Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form, you may use
the back.

Forward your report and recommendations of the applicant to the Licensing Division.




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
                                        STATE OF MICHIGAN
                            DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                   LIQUOR CONTROL COMMISSION
                                                   7150 Harris Drive
                                                    P.O. Box 30005
                                                Lansing, MI 48909-7505


                                  LOCAL APPROVAL NOTICE
                                  (Authorized by MCL 436.1501(2) and MAC 1105(2)(d))




                                                                                       Req ID: 217932

 Date: July 31, 2003

 To:          MUSKEGON CITY COMMISSION
              933 TERRACE STREET
              PO BOX 536
              MUSKEGON, MI 49443-0536

 Applicant: GREAT LAKES ENTERTAINMENT,• .               l_((_
 Home Address And Phone No:
 PETER C. JOHNSON, 749 WEST WESTERN AVENUE, NORTH MUSKEGON, Ml 49445
 H(231 )744-6500/8(231 )722-6966
 HOBART A.THRASHER, 414 BAY LANE, NORTH MUSKEGON, Ml 49445 H(231)744-1466/B(231)578-5373

 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 9117
488Q.J234
                                                                                     Michigan Of'·'-=irtment of Consumer & Industry Services
                                                                                        MICHi~       LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON LI                   JR LICENSE REQUEST
                                                                                                         7150 Harris Drive
Req ID # 217932              (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)
 GREAT LAKES ENTERTAINMENT, .     441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON
 COUNTY                    LL.C..
 REQUEST FOR:
 REQUEST TO TRANSFER OWNERSHIP OF 2000 CLASS C-SDM LICENSED BUSINESS (IN
 ESCROW) ·                          . FROM BILL KNAPP'S MICHIGAN, INC., MARCIA R.
 MEOLI, TRUSTEE; TRANSFER LOCAi ION (GOVERNMENTAL UNIT) (MCL 436.1531(1) FROM 1679
 E. SHERMAN, MUSKEGON, Ml 49444, FRUITPORT TOWNSHIP, MUSKEGON COUNTY; AND
 REQUEST NEW DANCE-ENTERTAINMENT PERMIT, ADDITIONAL BAR PERMIT,,


 Section 1.                                                 APPLICANT INFORMATION
 APPLICANT #1:           NO FINGERPRINTS REQUIRED                  ·     APPLICANT #2:            NO FINGERPRINTS REQUIRED                              '-:f
 PETER C. JOHNSON -                                          mc...&r     HOBART A.THRASHER -                                               r-.11.,-,.1,tt<
 HOME ADDRESS AND AREA CODE/PHONE NUMBER:                               ,HOME ADDRESS AND AREA CODE/PHONE NUMBER:
 749 WEST WESTERN AVENUE                                                 414 BAY LANE
 NORTH MUSKEGON, Ml 49445                                                NORTH MUSKEGON, Ml 49445
 H 231 744-6500/B 231 722-6966                                           H 231 744-1466/B 231 578-5373
 DATE OF-BIRTH: 'l ·z.2 - a8                                            DATE OF BIRTH:             - / "f-.£/
 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 fin er rinted: A.) ')9                                             Date fin er rinted:  A.,,/
         Attach the fin er rint card and $30.00 for each card and mail to the Michigan Li uor Control Commission.
 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)

 Section 2.                                Investigation of Business and Address to be Licensed
 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? '12f No D Yes, explain relationship:

I Section 3.                   Local and State Codes and Ordinances, and General Recommendations
 Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning , fire , sanitation and health laws
 and ordinances, if this license is granted?  ~ Yes       □ No

 If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)

I Section 4.                                                    Recommendation
 From your investigation:
   1. Is this applicant qualified to conduct this business if licensed?             ~ Yes         D   No
   2. Is the proposed location satisfactory for this business?                      J~"Yes         □ No
   3. Should the Commission grant this request?                                     RYes           □ 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
                                                                                                                   .-" -
   LC-1800 Rev. 07/02
 Mar     1 7 04 11: 40a                jack ogden                                             231-941-4025                            p.2


                                                                                            MICHi<      LIQUOR CONTROL COMMISSION
 POLICE INSPECTION REPORT ON Li       .)R LICENSE REQUEST                                                  7150 Harris Drive
 Req ID# 217932 . (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)
  GREAT LAKES ENTERTAINMENT,.   441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON
  COUNTY                   LLC.
  REQUEST FOR:
  REQUEST TO TRANSFER OWNERSHIP OF 2000 CLASS C-SDM LICENSED BUSINESS (IN
  ESCROW)·                            . FROM BILL KNAPP'S MICHIGAN, INC., MARCIA R.
  MEOLI, TRUSTEE; TRANSFER LOCAi ION (GOVERNMENTAL UNIT) (MCL 436.1531(1) FROM 1679
  E. SHERMAN, MUSKEGON, Ml 49444, FRUITPORT TOWNSHIP, MUSKEGON COUNTY; AND
  REQUEST NEW DANCE-ENTERTAINMENT PERMIT, ADDITIONAL BAR PERMIT,,


I Section 1.
 13~~:r:; #L. 13                             APPLICANT INFORMATION
                           c::;~~~INTS REQUIRED    ·, 1 APPLICANT #2:                                      FINGERPRINTS REQUIRED

-JOME ADDRESS AND AREA CODEIPHONE.NUM~ HOME ADDRESS AND AREA CODE/PHONE NUMBER:
  -;:J3I- ,il- .)6tl( 8us:~e5S                                          I
  ::J :l -   14-1-_ ";> £,1 +     f/., "'l .,_
 DATE OF BIRTH:          5·2 /,<··So                                    DATE OF BIRTH:
 If lhe applicant Is not a U.S. CWzen:                                  If the applicant Is not a U.S. Citizen:
    0                                                                          0
        Does the applicant have permanent Resident Allen slatus?                   Does the applicant have permanent Resident Alien status?
             □ Yes    □ No                                                            D Yes      □ No
    0                                                                         0
     Does the applicant have a Visa? Enter status:                             Does the applicant have a Visa? Enter status:
    Date fin e rinted: 5·· 2 t,- ti q                                         Date fin e rinled:

 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)

 Section 2.                           lnvesti ation of Business and Address to be Licensed
 Does applicant intend to have dancing or entertainment?
 O No gl'Yes. complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
 Are gas pumps on !he premises or directly adjacent? :£a.No    D Yes, explain relaUonship:
j Section 3.                   Local and State Codes and Ordinances, and General Recommendations
 Will th.e applicant's proposed location meet a!I.Jppropriate slate and local building, plumbing, zoning. fire, sanilation and heallh laws
 and ordinances, if this license is granted? ,13-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?      .llfYes       D No
   2. Is the proposed location satisfactory for this business?                81 Yes        O No
   3. Should the Commission grant !his request?                               ~es           D No
   4. If any of the above 3 questions were answered no. state your reasons: (Attach a sigl\ed and dated report if more space is needed)


                                                                                                                                '+ •- (_    '° -f
                                                        Signare (&i....fff or Chief of Police)                                    . Date

                                                        MUSKEGON POLICE DEPARTMENT
   lC-1800 Rev. 07102                                                                                                      3-,s--o4-
                                                                                                                                ~
     Mar 17 04 ll:40a                        jack ogden                                        231-941-4025                                p.4
                                                                                      Michigan DF ··"=trtment of Consumer & Industry Services
                                                                                         MICHi<       LIQUOR CONTROL COMMISSION
 •OLICE INSPECTION REPORT ON L,         .JR LICENSE REQUEST
                                                                                                          7150 Harris Drive
 leq ID# 217932   • (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)
 GREAT LAKES ENTERTAINMENT,.    441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON
 COUNTY                   LLC..
 REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2000 CLASS C-SDM LICENSED BUSINESS (IN
ESCROW)·                            . FROM BILL KNAPP'S MICHIGAN, INC., MARCIA R.
MEOLI, TRUSTEE; TRANSFER LOCA I ION (GOVERNMENTAL UNIT) (MCL 436.1531 (1) FROM 1679
E. SHERMAN, MUSKEGON, Ml 49444, FRUITPORT TOWNSHIP, MUSKEGON COUNTY; AND
REQUEST NEW DANCE-ENTERTAINMENT PERMIT, ADDITIONAL BAR PERMIT,,


Section 1.                                                   APPLICANT INFORMATION
APPLI.CANT #1 :, I            c1NGERPRINTS REQUIRED                '' I APPLICANT #2:                 FINGERPRINTS REQUIRED
1'411~;(      :r:   v11,JdeR tv1e...,fe,.J                   ~-                                       .                           .
HOME ADDRESS AND-AAEA CODE/PHONE NUMBER:                                 HOME ADDRESS AND AREA CODE/PHONE NUMBER:
 ;):,/_ '177- ;J ,sr           &s:,,es5
 ·;;r:. I -   7 '1'1- J. ll 4- H~ e.
DATE OF-BIRTH:          -,-/---,~.-S~O~---------DATE OF BIRTH:
If the applicant is not a U.S. Citizen:           If the applicant is not a U.S. Citizen:
    0                                                                       0
        Does lhe applicant have permanent Resident Alien status?                Does the applicant have permanent Resident Alien status?
         □~         □~                                                            □~        □~
   0                                                                        0
     Does the applicant have a Visa? Enter status:                           Does the applicant have a Visa? Enter status:
   Dale fin e rinted: '5 - 2-11, M                                          Date fin   rioted:

ARREST RECORD:             0 Felony       O Misdemeanor                  ARREST RECORD:              □ Felony    O Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated     Enter record of all arrests & convictions (altacil a signed and daled
report if more space Is needed)                                          report if more space is needed)

Section 2.                               lnvesli alion of Business and Address lo be Licensed
Does applicant Intend lo have dancing or entertainment?
0 No )&(Yes, complete LC-693N, Police lnvesligalion Report: Dance/Entertainment Permit
Are gas pumps on lhe premises or directly adjacent? (il:No  O Yes, explain relationship:

Section 3.                    Local and State Codes and Ordinances, and General Recommendations
Will !he 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? ar:res       D No
If you ;:ire 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 investigalion:
  1, Is this applicant qualified lo conduct this business if licensed?             .;gfves       □ No
  2. ls the proposed location satisfactory for this business?                      ,a!'ves       □ No
  3. Should the Commission grant this request? .                                   &ves          D No
  4. If any of the above 3 questions were answered no, state your reasons: (Atlach a signed and dated report if more space Is needed)


                                                        Ye     A_ L        . I~                                              '-f --(, -l-,77- ;He( /.5.JS,'NeSS                                           I
  'J~I - 7 'lB- '13s,    111 e        1/4
  DATEOFBIRTH:             't- 5- /956                                       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 slatus?                   Does the applicant have permanent Resident Alien status?
            □ Yes       □ No                                                           □ Yes       □ No
     0                                                                          0
      Does the applicant have a Visa? Enter status:                              Does 1he applicant have a Visa? Enter status:
     Date fin er rinted:  3 · 2- C· 1                                           Date fin e rinted:

  ARREST RECORD:            0 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 (altach a Signed and dated
 report If more space is needed)                                             report if more space Is needed)

 Section 2.                            lnvesti ation of Business and Address to be Licensed
 Does applicant intend to have dan_cing or entertainment?
 □ No g'Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
 Are gas pumps on the premises or directly adjacent? ,Pl!-Jo    O Yes, explain relationship:

! Section 3.                   Local and State Codes and Ordinances, and General Recommendations
 Will the applicant's proposed location meet all appropriate slate and local building, plumbing, zoning, fire, sanitation and heaUh laws
 and ordinances, if this license is granted?    R Yes     □ No

 If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report ff more space is needed}

! Section 4.                                                     Recommendation
 From your investigation:
   1. Is this applicant qualified to conduct this business if licensed?        z:i Yes     □ No
   2. Is the proposed location sallsfaclory for this business?               ,,&:)' Yes    O No
   3. Should the Commission grant this request?                                     Yes Jill
                                                                                          O No
   4. If any of the above 3 questions were answered no, state your reasons: (Attaeh a signed and dated report if more space is needed}


                                                         1t._   ~ L . I ~..J:!_..._,Q__.,~                                             4-C          ~   C'-/
                                                         Signal(Sll.>l#f or Chief of Police)                                        Date

                                                         MUSKEGON POLICE DEPARTMENT
   LC-1800 Rev. 07/02                                                                                                      .3_,,,--01-
                                                                                                                                 ~
                                                               STATE OF MICHIGAN
                                                   ' PARTMENT OF CONSUMER & INDUSTRY SERv1r
                                                          LIQUOR CONTROL COMMISSION               I               REQID : 2 17932
                                                                 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)


 GREAT LAKES ENTERTAINMENT,
 APPLICANT/LICENSEE L.L. (..                                                                                                  PHONE NUMBER

      441 W. Western Ave                       Muskegon                                                                              49440
 STREET ADDRESS                                CITY                                 TOWNSHIP                                                 ZIP


                                       VESTED: DANCE@'               ENTE TAINMENT

 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 ;!'J'       NIA     D


                                             !L"AW ENFORCEMENT RECOMMENDATION]
                         DANCE PERMIT                                YES     .!ID        NO       □         NIA      □
                         ENTERTAINMENT PERMIT                        YES     -J[]        NO       □         NIA      □
                         TOPLESS ACTIVITY PERMIT                     YES      □          NO       □         NIA     )ill'




REMARKS.,




     04-01-2004                                                            -,. ~         L . L~                       ,
             DATE SUBMITTED                                                    ERSJGNATURE



                                                                             Muskegon Police                                 231.724-6750
                                                                                    DEPARTMENT NAME                           PHONE NUMBER



                                                                             980 J efferson St.                                     Muskegon
                                                                                    ADDRESS                                               CITY




LC-693N REV 5198
4880-0652
             L1QUOR LICENSE REVIE\V FORlvI

 Business Name:       Gcea f Lafe.s               c-•
                                                 ~//ff'/' fau21ne&,
                                                                   I
                                                                                   c·
                                                                                    _// .   c,:
                                                                               7

 AKA Business Name (if appiicabie): _ _ _ _ _ _ _ _ _ _ _ __

 Operator/Manager's Name:

 Business Address:


 Reason for Review:

 New License      D        Transfer of Ownership
                                         d/2   C/ctsJ
                                                         R'J
                                                        C:
                                                                 Dance Permit ~

 Drop/Add Name on License          □·                        Transfer Location       D
Drop/Add Stockholder Name          D           New Entert~inment Permit              0
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: __________

Police Department Approved         D Denied D           No Action Needed. D

Income Tax             Approved ~         wing    D     Amount:

Treasurer              Approved
                                   □    Owing  D        Amount:

Zoning                 Approved    □    Denied D        Pending ZBA         □
Clerk's
                                   □
                       Approved         Owing □         Amount:

Fire/Inspection       Compliance   D    Remaining Defects
 Services




Department Signature_ _~_.;__ _____,.....~
                                         . . , " "----- - - - - - - - -


                                               Gail A. Kundinger, City Clerk
                                                               Liquor License Coordinator
                                                                                          :l-.,26 -· 1.' j

             LJQUOR LICENSE REVIEW FORJ.vI

 Business Name:       Gcea f /41,fe.:.·
 AKA Business Name (if appiicabie): _ _ _ _ _ _ _ _ _ _ _ __

Operator/Manager's Name:           Ate('      c~J;A>)         SOI?        C/l'lC:(J


Business Address:
                                   ,ff/
Reason for Review:

New License       D        Transfer of Ownership       "Rf
                                        "f C/r:;s. .s C;
                                                               Dance Permit ~

Drop/Add Name on License           D·                                 D
                                                           Transfer Location

Drop/Add Stockholder Name          D         New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: __________

Police Department Approved         D Denied D         No Action Needed D

Income Tax             Approved    D Owing D          Amount:

Treasurer              Approved    ~wing □            Amount:

Zoning                 Approved    □ Denied D         Pending ZBA         □

                                   □
Clerk's                Approved         Owing □        Amount:

Fire/Inspection       Compliance   D   Remaining Deft:cts
 Services




                                             Gail A. Kundinger, City Clerk
                                                             Liquor License Coordinator
             LIQUOR LICENSE REVIEW FORJ.vI

 Business Name:       Gcea f La/e..s·
 AKA Business Name (if appiicab1e): _ _ _ _ _ _ _ _ _ _ _ __

 Operator/Manager's Name:

Business Add:ress:
                                  ,ff/
Reason for Review:

New License       D       Transfer of Ownership        RJ      Dance Permit ~
                                         " ' Clt:ts .s C
Drop/Add Name on License          D·                       Transfer Location       D
Drop/Add Stockholder Name         D           New Entert~inment Permit             D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: __________

Police Department Approved        D Denied D          No Action Needed D

Income Tax             Approved   □ Owing D           Amount:

Treasurer              Approved
                                  □     Owing    D    Amount:

Zoning                 Approved   [Kl   Denied D Pending ZBA              0

                                 □
Clerk's                Approved         Owing □        Amount:

Fire/Inspection       Compliance D      Remaining Defects
 Services




Department Signatnrea /                 ✓~
                                              Gail A. Kundinger, City Clerk
                                                             Liquor License Coordinator
             LIQUOR LICENSE REVIEW FORIVI

Business Name:        Gcea f La,le-s
AKA Business Name (if applic.abie): _ _ _ _ _ _ _ _ _ _ _ __

Operator/Manager's Name:

Business Address:


Reason for Review:

New License       D        Transfer of Ownership      ·Rf     Dance Permit ~ -
                                        " ' C/~s .s   C:
Drop/Add Name on License           D·                      Transfer Locatfon       D
Drop/Add Stockholder Name          D         New Entertainment Permit              D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: _______ _ __

Police Department Approved         D Denied D         No Action Needed D

Income Tax             Approved    □ Owing D          Amount:

Treasurer              Approved
                                   □   Owing  D       Amount:

Zoning                 Approved    □   Denied D       Pending ZBA □


                                   □
Clerk's                Approved         Owing cg/ 4 iount:

Fire/Inspection       Compliance   D   Remaining Defects
 Services




Department Signature_ _ _ _ __ __ _ _ _ _ _ _ _ _ __


                                             Gail A. Kundinger, City Clerk
                                                             Liquor License Coordinator
                                                                                                      :l-,;u,; --(,-, t

             LIQUOR LICENSE REVIEW FORlvI

 Business Name:       Gcea f La~.!,-
                               .
AKA Business Name (if appiicab1e):

Operator/Manager's Name:

Business Address:
                                   ,ff,/
Reason for Review:

New License       D        Transfer of Ownership            @          Dance Permit ~ -
                                        " ' C/r:,s .s      C;
Drop/Add Name on License           D                            Transfer Location               D
Drop/Add Stockholder Name          D          New Entertainment Permit                          D
Other _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: __________

Police Department Approved         D Denied D              No Action Needed D

Income Tax             Approved    □ Owing D               Amount:

Treasurer              Approved
                                   □   Owing     D         Amount:

Zoning                 Approved    □   Denied D Pending ZBA                              □                   i(~   I

Clerk's                Approved
                                   □   Owing D              Amount:
                                                        {~,15,-/,--,,._'-.../.,~
                                                                                                        ( U,ly\p       )1
Fire/Inspection       Compliance   D   Remaining Defects , U/Y/ =-f                 1         fa"--           o'(-, ' ~·
 Services

                                                                                              e_~: '(
                                       yiJ~J fr" (l<-G-r litLS                     (J<;t?/-,--,.__~

                                        ~ dJ_--_f_               rl)_ e_~               f_"




Department Signature ;      P& wlzz6,-#
                                              Gail A. Kundinger, City Clerk
                                                                    Liquor License Coordinator
             L.IQUOR LICENSE REVIEW FOR1'1

Business Name:      Gcea f La.le..s
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __

Operator/Manager's Name:

Business Address:
                               .ff/
Reason for Review:

New License   D        Transfer of Ownership    ·@     Dance Permit ~
                                    "I C/~s s   C
Drop/Add Name on License       D·                   Transfer Location       D
Drop/Add Stockholder Name      D        New Entert~inment Permit            D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Deadline for receipt of all information: __________

Police Department Approved     D Denied D       No Action Needed        D
Income Tax          Approved   □ Owing D        Amount:

Treasurer           Approved
                               □   Owing  D     Amount:

Zoning              Approved   □   Denied D     Pending ZBA        □
                               □    Owing □
Clerk's             Approved                    Amount:




                                        Gail A. Kundinger, City Clerk
                                                      Liquor License Coordinator
 r· ~-                   PCJ ENTERPRISE, LLC
                                                          _-,,   ••• ,·· ....... _ _£." .   ... ~ - - ?E ............   ,..:::',E:::,:: •••• __ ... ..




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                                                                                                                                                                                 DATE      Od.-   I:,• 04-



                                                                                                                                                                                                         DOLLARS
                                                                                                                                                                                                                                    74-005/724




                   ~ Fifth Third Bank
                  11/1,J             (WESTERN MICHIGAN)
                                     GRAND RAPIDS, MICHIGAN




         FOR L-\SD<" L,<:.'-'!'9e.                                       ,,..,.,..,,0.,.                  i=-~~                                                 .~....,,,2_-··(!L...   ~ .......· . • • . , _ ~..... .
                                                                                                          ,:o 721,000 s 2,:                              7 u;, 1, 2000 2 211•
            ~
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     - ..... ......: .... ,.,'7E_.....'C-,,,ffi',,,,,•.aa=,ca,""""c_,c·                            ·•-•§"'•"''"'"'···""~-""•="'•
                                                                    .. _a,N3-,,='g·"",..."'"-"•""····..                                   "'·"'··----------"'·"'•n•"1·. . ,. _,:_,a,~"'
                                                                                                                                                                             . "'"""'"'~"'-                                                                   1:
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                                                                                                                                                         •
 Affirmative Action
 (231)724-6703
 FAX (231)722-1214

 Assessor
 (231 )724-6708
 FAX (231)726-5181

 Cemetery
 (231)724-6783
 FAX (231)726-5617

 City Manager
                                                West Michigan's Shoreline Cicy
                                                    www.shorellnecity.com
 (231 )724-6724
 FAX (231)722-1214

 Civil Service
 (231 )724-6716
 FAX (231)724-4405
                      May 5, 2004
Clerk
(231)724-6705
FAX (231)724-4178

Comm. & Neigh.        Great Lakes Entertainment LLC
Services              Hobart Thrasher
(231)724-6717
FAX (231)726-2501     Peter Johnson
Engineering           Brian K. Johnson
(231 )724-6707        Mark J. Vandermeulen
FAX (231)727-6904
                      Brian L. Boersema
Finance
(231)724-6713
FAX (231)724-6768     Dear Sirs:
Fire Department
(231 )724-6792        This letter is to inform you that your request to transfer ownership of the 2000
FAX (231)724-6985
                      Class C-SDM Licensed Business located in escrow at 1679 E. Sherman Blvd.,
Income Tax            will be presented to the City Commission on May 11, 2004. This meeting begins
(231)724-6770
FAX (231)724-6768     at 5:30 p.m. and is located in the City Commission Chambers, 933 Terrace,
                      Muskegon,MI.
Info. Technology
(231 )724-4126
FAX (231)722-4301
                      This request has also been sent to the Nelson Neighborhood Association for their
Inspection Services   comments. It is Commission practice to let the Neighborhood Association know
(231 )724-6715
FAX (231)728-4371     of any liquor license requests that are located within their boundaries. This allows
                      for comments from the people who live there and not just from the owners of the
Leisure Services
(231)724-6704         business' who are located there.
FAX (231)724-1196

Mayor's Office        Sincerely,
(231)724-6701
FAX (231)722-1214

Planning/Zoning
(231 )724-6702
FAX (231)724-6790     Linda Potter
Police Department     Deputy Clerk
(231)724-6750
FAX (231 )722-5140

Public Works
(231)724-4100
FAX (231 )722-4188

Treasurer
(231)724-6720
FAX (231)724-6768

Water Billing
(231)724-6718
FAX (231 )724-6768

Water Filtration
(231)724-4106
FAX (231)755-5290      City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                              httn~//www..o;;horelinecitv.com
Mr. Hobart Thrasher
414 Bay Lane
N. Muskegon, MI 49445


Mr. Peter C. Johnson
749W. WesternAvenue
N.Muskegon,MI 49445


Mr. Brian Boersema
386 E. Chadwick
Muskegon, MI 49445


Mr. Brian K. Johnson
388 Churchill Drive
Muskegon, MI 49441



Mr. Mark J. VanderMeulen
4821 Rambling Creek Drive
Muskegon,MI 49441
Affirmative Action
(231 )724-6703
FAX (231)722-1214

Assessor
(231 )724-6708
FAX (231)726-5181

Cemetery
(231)724-6783
FAX (231)726-5617
                                               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
                      May 5,2004
Clerk
(23 I )724-6705
FAX (231 )724-4178

Comm. & Neigh.        Ms. Mary Jo Mccann, President
Services              Nelson Neighborhood Association
(23 I )724-6717
FAX (231)726-2501     461 W. Webster
Engineering
                      Muskegon,MI 49440
(231 )724-6707
FAX (231)727-6904
                      Dear Ms. McCann:
Finance
(231)724-6713
FAX (231)724-6768     We have received a request from the Liquor Control Commission reference a
Fire Department
                      request from Great Lakes Entertaimnent, to transfer ownership of the 2000 Class
(231 )724-6792        C-SDM licensed business located in escrow at 1679 E. Sherman Blvd. (the old
FAX (231)724-6985
                      Bill Knapp's) to 441 W. Western. A Class C license permits the sale of beer,
Income Tax            wine, or liquor for consumption on the licensed premises. A SDM license permits
(231 )724-6770
FAX (231)724-6768     the sale of beer and wine for consumption off the premises. On Tuesday, May 11,
                      2004, the City Commission will review this request and determine whether or not
Info. Technology
(231)724-4126         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
                      they may have. You may send these comments to 933 Terrace, Muskegon, MI
Leisure Services
(231 )724-6704        49440 or attend the City Commission Meeting on May 11, 2004, at 5:30 p.m. in
FAX (231)724-1196     the Commission Chambers.
Mayor's Office
(23 I )724-670 I      If you have any questions, please feel free to contact me at 724-6705.
FAX (231)722-1214

Planning/Zoning
(231)724-6702         Sincerely,
FAX (231)724-6790

Police Department
(231)724-6750
FAX (231 )722-5140
                      Linda Potter
Public Works
(23 I )724-4100
                      Deputy Clerk
FAX (231)722-4188

Treasurer
(231)724-6720
FAX (231)724-6768

Water Billing
(231)724-67 I 8
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
                                                                                                                                                  Reg ID# 217932
                                                                 STATE OF MICHIGAN
                                                     DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                                            LIQUOR CONTROL COMMISSION


                                                                                   RESOLUTION
                                                                                        2004-45(c)
  At a ---~Rc.::e,...,,gc,,.u_l---,a,--r....,....,,..._ __ ____ l!}eeting of the ____c__,1-=-·t~y,....,,....c_o,....,rn,,....m_i--=-s=s_1--=·o_n---,,,-_ _ __
                            (Regular or Spc:,:ial)                                                                         (Township Board, City or Village: Council)



  called to order by                    Mayor Warmington                                    on May 11, 2004                                   at 5: 30                             P.M.

 The following resolution was offered:

 Moved by Commissioner Carter                                                           __and supported by          Vice Mayor Larson
                                                                                                   L.((
 That the request from GREAT LAKES ENTERTAINMENT,.-..:. TO TRANSFER OWNERSHIP OF 2000
 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 1679,E. SHERMAN, MUSKEGON, Ml 49444,
 FRUITPORT TOWNSHIP, MUSKEGON COUNTY, FROM BILL KNAPP'S MICHIGAN, INC., MARCIA R. MEOLI,
 TRUSTEE; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 441 W . WESTERN,
 MUSKEGON, Ml 49440, MUSKEGON COUNTY; AND REQUEST A NEW DANCE-ENTERTAINMENT PERMIT
 (STEP 11).
 be considered for Approval contingent on license holder completing renovations and
  obtaining occupancy ___ill:!rrni t from Ci ty~pproval or Disapproval)
                                            APPROVAL                                                               DISAPPROVAL

                    Yeas:                      7                                                   Yeas: - -- - - - - - - - -
                                - - - - - - - - - --
                     Nays: _ _...,oc___ ______                                                    Nays: _ _ _ _ _ _ _ _ _ __

                    Absent: - -o- -- - - - - -                                                    Absent: - - - -- - - - - -

It is the consensus of this legislative body that the application be:

                             Recommended                                                                                                                        for issuance
- - - - - - - -- - -(Rt1:ommt:ndcd
                     - --or- Recommended)
                                   - -- - - - - -- - - - - - - --          not




State·of Michigan                      )
                                 - ----
                                                                       §
County of Muskegon                                             )

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the _ _C.....:i"""t---"'y--,-eC:....o_rn.,....m,,,.....:.i---,s..,,,s~i...:,o='"n--,,,-_ _ __ at a _ _R_e--=g"-u_l_a_r-:-::-....,......----=-....,...,,..-- - - --
                                         crownship Board, City or Vill agt: CounL·il)                                            (Regular or Special)



meeting held on May 11, 2004
                                                 (Da«)

                          SEAL                                                                         (Signed),-1:'!!~~~~ ~ ~ ~ ~ ~~
                                                                                                                                                        (Township, City o      illag< Clerk)
                                                                                                             Gail A. Kundinger,                                   MMC, City Clerk
                                                                                                            933 Terrace, Muskegon, MI                                                 49440
                                                                                                                                           ( Mailing addrt:ss of Township, Ci1y or Villagt')
Affirmative Action
(23 I )724-6703
FAX: (231)722-1214

Assessor/Equalization
(231 )724-6708
FAX: (231)726-5181

Cemelery Deparlment
(231)724-6783
FAX: (231)726-5617

City Manager
(23 I )724-6724
FAX: (231)722- 1214

Civil Service
(231 )724-6716
FAX: (231)724-4405

Clerk
(231)724-6705
FAX: (231)724-4178      May 14, 2004
Community and
 Neigh. Services
(231)724-6717
FAX: (231)726-2501

Computer Info.
                        Liquor Control Commission
  Systems               7150 Harris
(231 )724-6744
FAX: (23 1)722-4301     PO Box 30005
                        Lansing, MI 48909-7505
Engineering Depl.
(23 1)724-6707
FAX: (231)727-6904      REF: #217932
Finance Depl.                Great Lakes Entertainment LLC
(231 )724-6713
FAX: (231)724-6768
                             441 W. Western
Fire Department
                             Muskegon, MI 49440
                                                                             e,--~9
                                                                                      1N
(231)724-6792
FAX: (231 )724-698S     To Whom It May Concern:                            \;
Income Tax                                                        /~(i"
(231 )724-6770          Enclosed is the Resolution, print cards,' and form LC-1800 for Great Lakes
FAX: (231)724-6768
                        Entertainment LLC that was recommended for approval at the May 11 , 2004, City
Inspection Services
(231)724-6715
                        Commission Meeting.
FAX: (231)728-4371

Leisure Services
                        Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231 )724-6704
FAX: (231)724-1196
                        Sincerely,
Mayor's Ofnce
(23 I )724-670 I
FAX: (231)722-1214

Planning/Zoning
(231 )724-6702          Linda Potter
FAX: (231)724-6790
                        Deputy Clerk
Police Deptnrtrnent
(23 1)724-6750
FAX: (231)722-5140      Enc.
PubIle Works Dept.
(231)724-4100
FAX: (231)722-4188

Trcnsurcr1s Office
(231)724-6720
FAX: (231)724-6768

Water Billing Dept.
(231 )724-67 18
FAX: (231 )724-6768

Waler Flltrntlon
(23 I )724-4106
FAX: (231 )755-5290
                          City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                     www.shorelinecity.com
                   Commission Meeting Date: May 11, 2004




Date:         April 28, 2004
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development C$--
RE:           Public Hearing - Request to Establish an Obsolete Property
              District - PCJ Enterprises, LLC


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, PCJ Enterprises, LLC,
749 Moulton Avenue, Muskegon, Michigan, has requested the establishment of an
Obsolete Property District. The district would be located at 441 W. Western Avenue,
Muskegon, Ml, the former Brunswick Building. Total capital investment for this project
is $800,000. The project will result in the creation of 40 new jobs in the City.

FINANCIAL IMPACT:

If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution establishing an Obsolete Property District for 441
W. Western Avenue, Muskegon, Ml.

COMMITTEE RECOMMENDATION:




4/28/03
                                CITY OF MUSKEGON
                            MUSKEGON COUNTY, MICHIGAN

                                  RESOLUTION NO. 2004-46 (a)


A resolution establishing an Obsolete Property Rehabilitation District.

The City Commission of the City of Muskegon hereby RESOLVES:

                                            Recitals


A.     The City of Muskegon has been designated as a qualified local government unit for the
       purpose of establishing Obsolete Property Rehabilitation Districts and approving
       Applications for Obsolete Property Rehabilitation Exemption Certificates.

B.     The area located in the land described in this resolution is known to the City Commission
       and is clearly characterized by the presence of obsolete commercial property, and the
       land and improvements are obsolete commercial property.

C.     Notice has been given by certified mail to the owners of all real property within the
       proposed Obsolete Property Rehabilitation District and a hearing has been held offering
       an opportunity to all owners and any other resident or taxpayer of the City to appear and
       be heard. Said notice.was given at least ten'(l0) days before the hearing .

NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

1.     That the property described in this resolution and proposed as an Obsolete Property
       Rehabilitation District is characterized by obsolete commercial property.

2.     That the obsolete commercial property, the subject of this resolution, is described on the
       Attachment A to this resolution.

3.     That the City Commission hereby establishes an Obsolete Property Rehabilitation District
       on the lands and parcels set forth in the attached description.

This resolution passed.

Ayes     Gawron, Larson, Shepherd, Spataro, Warmington, Carter,                 Davis

Nays     None



                                                       By _$~~~~~~~~~~
                                                       Gail A. Kundinger, MMC
                                                       Clerk
                                      CERTIFICATE

      This resolution was adopted at a meeting of the City Commission, held on May 11, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                                 CITY OF MUSKEGON

                                                 By ____:1.~ ~ ~o~ ~,:.. . . .1. ~ ~~ ~
                                                 Gail A. Kundinger, MMC
                                                 Clerk
                            ATTACHMENT A


CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 & THAT PORTION LOT 4
BLK 313 DESC AS FOLS:

COM AT SELY COR SD LOT 5 THN 41D 55M 22S W ALNG ELY LN SD LOT 5, A
DIS OF 140.05 FT NEL Y COR SD LOT 5 TH N 48D !OM 43S E ALNG NL Y LN LOT
4, A DIS OF 26.04 FT TH S 42D 03M 0 IS E ALNG FACE OF EXISTING BRICK &
BLOCK WALL, A DIS OF 139.96 FT TO SLY LN SD LOT 4 TH S 47D 58M 26S
ALNG SD SLY LN LOT 4, A DIS OF 26.35 FT TO POB

SUBJ TO ESMTS RECOR'D 3361/537
SBJT TO ESMTS RECOR'D 3473/376
SBJT TO ESMTS RECOR'D 3473/385
Proposed Obsolete Property District                                                                                                                                                                                                                                     N


441 W. Western Avenue                                                                                                                                                                                                                                               W~E

                                                                                                                                                                                                                                                                        s

                                                                                                                                                                                                                            ;;~v
                                                                                                                              "°~··.=,;,
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                                                                                                                                              /;,_c,f,            \
                                                                                                         a'<:' /
                                                                                                                                                                                                     ,//
                                                                                                                                                                                                                                       *   = Subject Property(ies)
                                                                                                                                                                                                                                               to be designated as an


                                                                                        /    ~'I~
                                                                                                      -<._0- /'c
                                                                                            // ,,
                                                                                                                     ~- '%,                    ./ :-1. i>'                                             _,,.'b
                      ~if.;,'?>:,,
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                                                         ,,,.                                                                                                               // s-<..v //
                                                                                                                                                                        // ~'<,.
                   Commission Meeting Date: May 11, 2004




Date:          April28,2004

To:            Honorable Mayor and City Commissioners

From:          Planning & Economic Development               t(!f../
RE:            Public Hearing - Request to Issue an Obsolete Property
               Certificate - PCJ Enterprises, LLC


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, PCJ Enterprises, LLC,
749 Moulton Avenue, Muskegon, Ml, has requested the issuance of an Obsolete
Property Certificate for the property located at 441 W. Western Avenue (former
Brunswick Building), Muskegon, Ml. The building is presently unoccupied, but will be
rehabilitated for a restaurant/bar in one half of the building and other half of the building
used for commercial or retail opportunities. Total capital investment for this project is
$800,000. The project will result in bringing 40 jobs to the City of Muskegon. Because
of these new jobs and the amount of investment, the applicant is eligible for a twelve
(12) year certificate.

FINANCIAL IMPACT:

If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution issuing an Obsolete Property Certificate for 441 W.
Western Avenue, Muskegon, Ml for a term of twelve (12) years.

COMMITTEE RECOMMENDATION:

None




4/28/03
                                 CITY OF MUSKEGON
                             MUSKEGON COUNTY, MICHIGAN

                                  RESOLUTION NO. 2004-46(b)


A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by PCJ ENTERPRISE, L.L.C.

The City Commission of the City of Muskegon hereby RESOLVES:

                                             Recitals

A.    The City Commission has received an Application for an Obsolete Property
      Rehabilitation Exemption Ce1tificate from PCJ Enterprise, L.L.C., to apply to the
      improvements located in an Obsolete Property Rehabilitation District established by
      previous resolution.

B.    The City of Muskegon is a qualified local governmental unit as determined by STC
      Bulletin No. 9 of 2000, dated July 12, 2000.

C.    An Obsolete Property Rehabilitation District in which the application prope1ty is located
      was established after hearing on May 11, 2004, being the same date that the district was
      established.

D.    The taxable value of the property proposed to be exempt, plus the aggregate taxable value
      of properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does
      not exceed five percent (5%) of the total taxable value of the City of Muskegon.

E.    In the event it is determined that the said taxable values do exceed five percent (5%), the
      City Commission determines fmther that the said excedence will not have the effect of
      substantially impeding the operation of the City of Muskegon or impairing the financial
      soundness of any affected taxing units.

F.    This resolution of approval is considered by the City Commission on May 11, 2004, after
      a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on
      this date.

G.    The applicant, PCJ Enterprises, L.L.C., is not delinquent any taxes related to the facility.

H.    The exemption to be granted by this resolution is for twelve (12) years.

I.     The City Commission finds that the property for which the Obsolete Property
       Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of
       Section 2(h) of Public Act 146 of2000 in that the prope1ty, which is commercial, is
       functionally obsolete. The City has received from the applicant all the items required by
       Section 9 of the application form, being the general description of the obsolete facility, a
       general description of the proposed use, a description of the general nature and extent of
       the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
         be part of the rehabilitated facility, a time schedule for undertaking and complete the
         rehabilitation, and statement of the economic advantages expected from the exemption.

J.       Commencement of the rehabilitation has not occurred before the establishment of the
         district.

K.       The application relates to a rehabilitation program that when completed will constitute a
         rehabilitated within the meaning of PA 146 of 2000 and will be situated within the
         Obsolete Property Rehabilitation District established by the City under PA 146 of 2000.

L.      Completion of the rehabilitated facility is calculated to and will, at the time of the
        issuance of the Certificate, have the reasonable likelihood to increase commercial activity
        and create employment; it will revitalize an urban area. The rehabilitation will include
        improvements aggregating more than ten percent (l 0%) of the true cash value of the
        property at the commencement of the rehabilitation.

M.      The City Commission determines that the applicant shall have twelve (12) months to
        complete the rehabilitation. It shall be completed by May 11 , 2005, or one year after the
        Certificate is issued, whichever occurs later.

N.      That notice pursuant to statute has been timely given to the applicant, the assessor for the
        City of Muskegon, representatives of the affected taxing units and the general public .


        . NOW, THEREFORE, THE CITY COMMISSION RESOLVES :

I.      Based upon the statements set forth in, and incorporating the recitals to this resolution,
        the City Commission hereby approves the application filed by PCJ Enterprise, L.L.C., for
        an Obsolete Property Rehabilitation Exemption Certificate, to be effective for a period of
        twelve (I 2) years;

2.      BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set
        forth in Attachment A, the legal description containing the facilities to be improved;

3.      BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant
        shall comply with the representations and conditions set fo1th in the recitals above and in
        the application material submitted to the City.

This resolution passed.

Ayes:    Larson, Shepherd , Spataro, Warmington, carter, Davis, Gawron

Nays: ...,N=o=n...,,e" - - - - - - - -- - - - - - - - - - - - - -- - -- -- - - -




                                                 2
                                       CERTIFICATE

This resolution was adopted at a meeting of the City Commission held on May 11 , 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 197 6.




                                              3
  MIchIgan Department of Treasury, STC
  3674 {B-00)

  APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE
  This form is issued as provided by P.A. 146 of 2000. Filing of this form is voluntary. This application should be filed after the district is
  established. This project will not receive tax benefits until approved by the State Tax Commission.
  INSTRUCTIONS:                File the original and one copy of this form and the required attachments with the clerk of the local government unit. {The State Tax
                               Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see
                               State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption.

   TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT                                                       THIS SECTION FOR USE BY THE STATE TAX COMMISSION
   UNIT. Clerk must also complete sections 14, 15 and 17 on page 2.
                       ~                                              .
                                  (J~ ~
   Signature[].                                                                                       Application No .
                  eu..l.,                   k~t,.v'v-J~~·~c•,          ,_,'
  Date This Application Was Received                  f           0                                   Date Received
       A,,,,.II                _;' 7      ,,:;l(Jc7
   TD BE COMPLETED BY APPLICANT                                       (Ann/icant, do not write above this line. Beoin entries at 1a below.
  1a. Applicant (%mpany) Name (Applicant must be the OWNER of the facility)                               Important Note:
   l'c:S- €~ r/Jri~<,                  l.LC.                                                              If this application form (3674) is not fully completed, it will be
   b',~~paf1:a~11:res4;/nd Street, P.O. Box, City, State, ZIP)                                            returned by the Property Tax Division prior to any processing
                                                                                                          being done by the State Tax Commission
   c. Location of Obsolete Facility (No. and Street, City, State, ZIP)                                   d. City/T wp.Nillage                               e. County
     'fl.{ I     tJ.       w,,.J..,"' l'/v(.                                                            Mv~ke~o"'                                        i1u,i, ke1ovt
   2. Date of Commencement of Rehab1lilation              13. Planned Date of Completion of Rehabilitation 4. Sc1ioo\ District Where Facility is Located a. School Co'!ie
       I - I-          0 ,-                                    (;- (-OJ                                                  l"I'\ v,.'..Jc!Q, "'~                  G /010
   s. EstimatP.d Cost of Rehabili~alion                                                                           6. How Many Years o{.l::xemption Requested?
                                                # gcol CXl'.)                                                                                                   12.
   7. Project will have the reasonable likelihood to: {Check one or more)                                 8. Legal Description of Obsolete Property
  ~ increase commercial activfty
  ~ create employment                                                                                        I'.)~t:'.t;· J.::.         .SC   e   ,,1 /l•· d,11v,,t #,Y
  D    retain employment
  D    prevent a loss o! employment
  ~    revitalize urban areas
  [j   increase the number of residents in the community
       In which the facility is situated
   7a. Indicate the number of jobs to be retained or created as a result of rehabilitating the
       facility, including expected construction employment:        40
   9. The following must be provided to the local governmental unit as attachments to this application:
   (a) Genera! description of the obsolete facility, {b) General description of the proposed use of the rehabilitated facility, (c) Description of the general
   nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building equipment that will be a part of the rehabilitated
   fl'JEi!JWe~tfbk~e schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic advantages expected from


   10. The State Treasurer may exclude from the specific tax up to 1/2 of the mills levied for local school operating purposes and for the State Education
        Tax. Please check the following box if you wish to be considered for this exclusion:                         g]
   11. APPLICANT'S CERTIFICATION

   The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained
   herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is
   being submitted. Further, the undersigned is aware that, if any statement or information which it provides is untrue, the exemption provided by P.A.
   146 of 2000 may be in jeopardy.

   The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as
   defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the
   exemption certificate.

   It is further certified that the undersigned is familiar with the provisions of P.A. 146 of 2000, of the Michigan Compiled Laws; and to the best of his/her
   knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the
   application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax
   Commission.

  12. Name of Person to Contact for Further Information
    ~l,cr          C. -:S-o ½'1 ~OV\
                                                                                !Tille    ,.vi
                                                                                                 eM \Qe f"
                                                                                                                                                      I
                                                                                                                                                      Telephone Number
                                                                                                                                                      n:.1, / l 1<1<1-/.,00

  Ma741"" Mou /i.,'I                          Avc-.             /U. Muc,l  g/4                                                       .
                                                                                                                                  I   Date

                           (
*Information contained in this application and supporting documentation may
 be subject to review by the public if a Freedom of Information Request is
 3674 (page 2)
 LOCAL GOVERNMENT ACTION

This section is to be completed by the clerk of the local governing unit before submitting the application to the
State Tax Commission. Include a copy of the resolution which approves the application.

 14. Action Taken


  ~ Date of Action:               1/Jry !l,             clOO f                       !Z] EXEMPTION APPROVED FOR                               !_o'Z           Years

                                                                                         Ending December 31,               dO //',,           (not to exceed 12 years)
  0    DISAPPROVED

 15. RESOLUTION MUST CONTAI~ THE FOLLOWING.                                             A copy of the resolution must be furnished to the State Tax Commission.

  □    A statement that the local unit is a Qualified local Governmental Unit.               0     A statement that an of the items described on line 9 of the Application for

  □    A statement that the Obsolete Property Rehabilitation District was legally                  Obsolete Property Rehabilitation Exemption Certificate have been provided to
       established including the date established and the date of hearing as                      the Qualified Local Governmental Unit by the applicant.
       provided by section 3 of P.A. 146 of 2000.                                           D     A statement that the commencement of the rehab1lllation of the facility did not
  D    A statement indicating whether the taxable value of the property proposed                  occur before the establishment of the Obsolete Property Rehabilitation
       to be exempt plus the aggregate taxable value of property already exempt                   District
       under P.A. 146 of 2000 and under P.A. 198 of 1974 (IFT's) exceeds 5% of              D     A statement that the application relates to a rehabilitation program that when
       the total taxable value of the unit.                                                       completed constitutes a rehabilitated facility within the meaning of P.A. 146 of

  □    If it exceeds 5% {see above), a statement that exceeding 5% will not have                  2000 and that ls situated Wilhin an Obso\ele Property Rehabilitation District
       the effect of substantially impeding the operating of the Qualified Local                  established in a Qualified Local Governmental Unit eligible under P.A. 146 of
       Governmental Unit or of impairing the financial soundness of an affected                   2000 to establish such a district.
       taxing unit.                                                                         D     A statement that completion of the rehabilitated facility is calculated lo, and

  □   A statement that the application was approved at a public hearing as
       provided by section 4(2) of P.A. 146 of 2000 inc!uding the date of the
                                                                                                  will al the time of issuance of the certificate, have the reasonable hke!ihood
                                                                                                  to, increase commercial activity, create employment. retain employment,
      hearing.                                                                                    prevent a loss of employment, revitalize urban areas, or increase the number

  □   A statement that the applicant is not delinquent in any taxes related to the
      facility.
                                                                                                  of residents in the community in which the facility is situated. The slatement
                                                                                                  should indicate which of these \he rehabilitation Is likely lo result in.

  □   A statement of the factors, criteria and objectives, if any, necessary for
      extending the exemption, when the certificate is for less than 12 years.
                                                                                            D     A statement that the rehabilita!ion includes improvements aggregating 10%
                                                                                                  or more of the true cash value of the property at commencement of the
  0   A statement that the application is for obsolete property as defined in                     rehabilitation as provided by section 2(1) of P.A. 146 of 2000.
      section 2(h) of Public Act 146 of 2000.                                               D     A statement of the period of lime authorized by the Qualified Local
                                                                                                  Governmental Unit for completion of the rehabilitation.

 16. ASSESSOR:                                                                                    Taxable Value                          State Equalized Value (SEV)

       Current Taxable                                                           Land         d.5. 000                                           c?S'. 000
       Value and State                                                   Buildings               9.0.'  w_OO                                       'l.0.,. ~· 00
                                                                                                                                                          )
       Equalized Value of                                                                          -, (")
                                                 Buildings on Leased Land                                                                                0
       obsolete properties
       broken down for:                             Other Personal Property                           ()                                               0
                                                                 Year of Values                  ra;/0 0 t/...                                        o?OO            l/
 17. N~e ~f local Government Bod"$,                                                                                                       l Date of Action on This Application
                              f               us /('p e.o /7                                                                                    s-11-0 f
         , ; ~"
CLERK'S c\faTIFICATION
                          0
                                                      -
The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way.
Further, the undersigned is aware that if any information provided is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy.



                           G.
 S1gna~                                                                                           Date                                      Telephone Number
                      1                                                                                                                     <;(3 I l
 Clerk's Mailing Address                                                                                                                    ZIP Code
      7 33                Te,,/'a c e.,                                                                  as
 Applications received after October 31 may not be acted upon in the c
 This application is subject to audit by the State Tax Commission.
 Mail completed Application and copy of Resolution to:
     State Tax Commission
     Michigan Department of Treasury
     P .0. Box 30471
     Lansing, Michigan 48909-7971
 If you have any questions, please call (517) 373-2408 or 373-3302.
Regarding: PCJ Enterprise, LLC.
Attachment for: Application for Obsolete Property Rehabilitation Exemption Certificate
Section " 9"

Question (a): General description of the obsolete property.

        The property is located at 441 W. Western Ave. in the City of Muskegon. It
consists of roughly 9,100 square feet of usable space on the main level. There is an
additional 2,000 square feet along the backside of the property that is set up as a loading
dock facility. There is also approximately 2,500 square feet of usable space in the
basement.

Question (b):General description of the proposed use of the rehabilitated facility.

        PCJ Enterprises, LLC. proposes to use the building for developing a
restaurant/bar utilizing 50 percent of the space available on the main level of the building
and in the basement. The proposed restaurant would also utilize the loading dock facility
currently located on the backside of the property.

       The other half of the property would be used for other commercial or retail
opportunities envisioned in the City of Muskegon's master plans for the downtown area.

Question (c): Description of the general nature and extent of the rehabilitation to be
undertaken.

        The current building would receive a complete rehabilitation in all areas. All
electrical work, plumbing, heating and cooling systems, floors, walls, ceilings, interior
design and decoration, etc. would be new. The entire front fa\'ade would be completely
refurbished. The main infrastructure (brick walls/wood support truces) and roof of the
building are in good condition and would be used, as is, with minor changes to meet the
needs of the development.

Question (d): A descriptive list of the fixed building equipment that will be part of the
rehabilitated facility.

        The building's current condition is that of a shell.

        1) Heating/cooling systems (new)
            2) Plumbing for entire facility including new bathroom facilities and general
               plumbing throughout the entire building
            3) Electrical for entire facility including all wires, light fixtures, emergency
               lighting, etc.
            4) All interior floors, ceilings and walls including new studs, drywall, plywood
               and paint.
            5) New front far,,ade.
            6) New emergency sprinkler system throughout the main level of building.

Question (e): A time schedule for undertaking and completing the rehabilitation of the
facility.

        PCJ Enterprise, LLC. envisions the rehabilitation of the facility beginning on or
near the first of January 2005 and being completed within six months. If a tenant were
acquired prior to this time development would commence at an earlier date.

Question (f): A statement of the economic advantages expected from the exemption.

       PCJ Enterprise, LLC. would like to create a facility, in the downtown area, that
would be enticing for businesses to establish or relocate in. The tax exemption would
provide PCJ Enterprise, LLC. a key incentive to offer interested businesses that might be
considering locating in the Muskegon area. These new businesses would add to the
commercial viability and overall vitality in the downtown area immediately surrounding
the development. These new businesses will also employ a number of people from the
surrounding area and expand the future tax base for the city.

        The proposed bar/restaurant would employ 25 - 40 new people in the Muskegon
area and provide the type of entertainment /attraction, sought by the city, to add to the
allure of the developing Arts and Entertainment District. The tax exemption will assist
PCJ Enterprise, LLC. in minimizing the buildings overall operating expenses and thus
helping to insure the long-term success of this development.
                            REAL ESTATE SUMMARY SHEET

Parcel: 61-24-205-313-0005-00          Owner's Name: PCJ ENTERPRISE LLC

Property Address: 441 W WESTERN AVE                        Map#: 24-31-19-458-001

Cur. Class : 201    Gov. Unit: 24 24.CITY OF MUSKEGON   School: 61010 MUSKEGON SCHOOLS
Prev. Class: 201    Neighborhood: C19 Cl9.04 CENTRAL BUSINESS
Public Impr.: Paved Road, Storm Sewer, Sidewalk, Water, Sewer, Electric, Gas,
Curb
Topography: Level, Landscaped

Legal Description:                                 Mailing Address:
CITY OF MUSKEGON                                   749 MOULTON
REVISED PLAT OF 1903                               NORTH MUSKEGON MI 49445
LOT 5 & THAT PORTION LOT 4 BLK 313 DESC
AS FOLS:
COM AT SELY COR SD LOT 5
TH N 41D 55M 22S W ALNG ELY LN SD LOT 5, A DIS OF 140.05 FT TO NELY COR SD LOT
5
TH N 48D lOM   43S E ALNG NLY LN LOT 4, A DIS OF 26.04 FT
TH s 42D 03M   01S E ALNG FACE OF EXISTING BRICK & BLOCK WALL, A DIS OF139.96FT
TO SLY LN SD   LOT 4
TH s 47D 58M   26S W ALNG SD SLY LN LOT 4, A DIS OF 26.35 FT TO POB

SBJT TO ESMTS RECOR'D 3361/537.
SBJT TO ESMTS RECOR'D 3473/376.
SBJT TO ESMTS RECOR'D 3473/385.

----------------         Most Recent Sale Information           -----------------
  Sold on 08/14/2002 for 210,000 by COMMUNITY FOUNDATION OF MUSKEGON CO.
  Terms of Sale: Arms-Length                       Liber/Page: 3473/379

---------------         Most Recent Permit Information
  Permit PL-01-5970 on 09/04/2001 for $0 category PLUMBING.

                         Physical Property Characteristics        -----------------
2005 S.E.V.: 115,500        Taxable: 115,500        Lot Dimen: 90' X 140'
2004 S.E.V.: 115,600        Taxable: 115,600        Acreage: 0.29
Zoning: B-3                 Land Value: 50,000      Frontage: 90. 0
Homestead:   0. 000%    Land Impr. Value: 11,330    Average Depth: 140.0

                                  Improvement Data
# of Residential Buildings: O                         # of Ag. Buildings: 0
Year Built: O                                         Est. TCV:
Occupancy: Single Family
Class: D                                              # of Commercial Buildings: 1
Style: 1 STORY                                        Type: Store, Retail
Exterior:                                             Desc:
% Good (Physical): 0                                  Class: C
Heating System: Forced Air w/o Ducts                  Quality: Average
Electric - Amps Service: 0                            Built:     O Remodeled: O
# of Bedrooms: O                                      Overall Building Height: 14
Full Baths:    0 Half Baths:  0                       Floor Area: 9,270
Floor Area:                                           Sale Price/Floor Area: 22.65
Ground Area:                                          Est. TCV: 169,675
Garage _A_rea:                                Cmts:
Basement Area:
Basement Walls:
Est. TCV:
         Commission Meeting Date:            May 11, 2004




Date:      May 4, 2004
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services
           Department
RE:        Approval of Resolution to Sell 503 Octavius


SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
complete the sale of the structure located at 503 Octavius to Mr. Monte
Griggs to be used as an owner-occupied single family residence.


FINANCIAL IMPACT: The HOME fund will receive approxinately
$70,000 in program income.


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: To approve the resolution and instruct
the Mayor and Clerk to sign the quit claim.



COMMITTEE RECOMMENDATION: The City Commission and Land
Reutilization Committee both approved this project.
                      MUSKEGON CITY COMMISSION

                                2004-45(g)

                RESOLUTION TO APPROVE THE SALE OF
               CITY-OWNED PROPERTY AT 503 OCTAVIUS


WHEREAS, the City of Muskegon 1s dedicated to the redevelopment of its
neighborhoods and;



WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;



WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;      ·                           ·



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approved the sale of the totally rehabilitated home for $86,000 which is located at
503 Octavius to be used as a single family owner-occupied home to Monte Griggs
with a subsidy of $16,000 in its current rehabilitated condition.

Adopted this 11 th day of May, 2004

Ayes:    Carter, Davis, Gawron, Larson, Shepherd, Spataro,
         Warmington
Nays:    None



                              By---€~ ~,--- ~"'--""""=~ ==----
                                Steve       in on, Mayor



                              By   Gafti±i9,:C~ r r
                                 CERTIFICATION
                                   2004-45(g)


This resolution was adopted at a regular meeting of the City Commission, held on May
11, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.

                                   CITY OF MUSKEGON




                                          Gail A. Kundinger, MMC, Ci
                                                   QUIT-CLAIM DEED


KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,

QUIT CLAIMS TO: Monte Griggs of671 Marquette, Muskegon, Michigan 49441,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                   City of Muskegon Revised Plat of 1903 Nl/2 Lot 9 and Sl/2 Lot 10

for the sum of Eighty Six Thousand and no/100 Dollars ($86,000.00)

This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).

Dated this J.'/td. day of __.lJJ'...LLJ4~.:/.l/'------~• 200..i._.




STATE OF MICHIGAN
COUNTY OF MUSKEGON

        Tue foregoing instrument was acknowledged before me this Ii"!ff day of &'b!?           , 200L.., by
Stephen J. Wannington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.


PREPARED BY:
John C. Schrier                                                      Notary Public, Muskegon County, Michigan
Parmenter O'Toole                                                    My commission expires: 9- o1 .,- o C,
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee                     WHEN RECORDED RETURN TO: Grantee
                  Commission Meeting Date: May 11, 2004

                    (Rehearing of January 27, 2004 case)




Date:        May4,2004

To:          Honorable Mayor and City Commissioners

From:        Planning & Economic Development t,tlV

RE:          Rezoning request for property located at 407 Marquette Ave.
             (SE comer of Marquette Ave. and Wood St.)


SUMMARY OF REQUEST:

Request to rezone property located at 407 Marquette Ave., at the SE corner of
Marquette Ave. and Wood St., from R-1, Single-Family Residential to B-1, Limited
Business.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan.

COMMITTEE RECOMMENDATION:

The Planning Commission voted to deny the request at their 1/15 meeting.
Commissioners Spataro, Aslakson, Johnson and Sartorius voted for denial,
Commissioners Michalski and Smith voted against denial, and Commissioners Mazade
and Warmington abstained. T. Harryman was absent.




5/4/2004
                                       CITY OF MUSKEGON

                                       RESOLUTION #2004-

                    RESOLUTION OF DENIAL FOR REZONING REQUEST

WHEREAS, a request to rezone property located at 407 Marquette Ave., at SE comer of Marquette
Ave. and Wood St., from R-1, Single-Family Residential to B-1, Limited Business was considered by
the Planning Commission, and;

WHEREAS, a public hearing on the request was held by the Planning Commission on Janumy 15,
2004, and;

WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map and Master Land Use Plan;

NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.

Adopted this 11 th day of May, 2004.

         Ayes:

         Nays:

         Absent:

                                                       By: _ _ _ _ _ _ _ _ _ _ _ _ __
                                                              Stephen J. Wam1ington, Mayor




I hereby ce1tify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held
on May 27, 2004.

                                                       Gail A. Kundinger, MMC, City Clerk




5/4/04                                                                                        2
~   I City of Muskegon

                                                                                                                                                                                                                     ·-❖-·
     Planning Commission
     Case # 2004-01                                                                                                                                                                                                         ,
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         !1/f.                                                           r
 tt.,__, k 1½., :1 ti..ec.f- u.J"'r. 12f!,,.__.t..,., de- --1-u_f- 1 ~                                                                 l.u
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                                                                          fl ,          ·                         _:)
                                                                                                                  11 ¼>.   P1~
Shirley and Howard Calloway - 417 Yuba (phone call)

   •   Do not want 407 Marquette to have liquor license. They whish they could get rid
       of the one on summit at Yuba.
                                                                                                                                          14J 001/005
05/11/2004 15:27 FAX 231 728 2206
                                                               PARMENTER O'TOOLE
  '
                                                PARMENTER o-ToOLlli:
                                                                     Auomeys al law


                                          175 West Apple Avenue ■ P.O. Box n:Ie ■ Muskegon, Michlt,ian 4944~•0786
                                                                   1wtw.Pa,met1terlaw.cam




                                                        Fax Transmittal

         ro:                                                                 FROM:
               Gail A Kundinger                                                   John C. Schrier
         COMPANY:                                                            DATE:
               City of Muskegon                                                   5/11/04
         FAX NUMEIER:                                                        TOTAL NO, OF PAGES INCLUDING COVER:
               231.724-4178                                                       5
         PHONE NUMSER:                                                       SENDER'S OIRECT DIAL NUMBS:~:
               231. 724-6705                                                      231.722.5401
         RE:                                                                 SENDERS FAX NUMBER:
               Rezoning Request: 407 Marquette Ave.                               231.728.2206

               □ URGENT         □ FOR REVIEW             □ PLEASE COMMENT              O PLEASE REPLY               □ PLEASE RECYCLE


         NOTES/COMMENTS:




         Thi$ facsimile transmission may contain privileged or confidential information intended sofe!y fQI' use by the individual or entity
         named as the recipient. If you are not the intended recipient or the employee or agent responsible fot delivering this document to
         ths intended recipient, be aware that any disclosure, copying, dislributlon or use of this transmission is strictly prohibited. If you
         have received this transmission in error, please telephone us immediately so we may arrange to correct the mistake. Thank you.
                                                         PARMENTER O'TOOLE                                        141002/005
05/11/2004 15:27 FAX 231 728 2206

                                           'ARMENTER o-TOOL~
                                      '--'                    AttQrhey.r at Lmv
                                                                                                  --
                                   17$ Wast Apple Avenue ■ P.O. Box 786 ■ Muske~on, Miclilgal'I 49443-0786
                                           Phone 2.31.722.16~1 • Fax ~S1.722.7ee6 ar2:31,728..22□ e
                                                            wwv,.Parmanterl~w.com




        May 3, 2004

        Mayor and City Commission
        c/o Bryon Mazade - City Manager
        City of Muskegon
        P.O. Box 536
        Muskegon, MI 49443-0536

        Re:     Rezoning Request: 407 Marquette Avenue

        Dear Mayor and Commission:

        It is my understanding that some members of the City Commission desire to reevaluate the
        rezoning request for 407 Marquette Avenue, This letter is provided in anticipation of procedural
        issues, should the City Conunission decide it wishes to take further action on the rezoning
        request.

        l3ackg1·ouml

        Pursuant to the City and Village Zoning Act, prior to the City Commission considering a
        rezoning request, the request must first be evaluated by the planning commission, after a public
        hearing. The City ofM11skegon Planning Commission held a public healing on the rezoning
        request for 407 Marquette Avenue on January 15, 2004. A motion was adopted by the Planning
        Commission to deny the request. (Planning Commissioners Spataro, Aslakson, Johnson, and
        Sartorius voted to deny the request; Planning Commissioners Michalski and Smith voted for the
        request; Planning Commissioners Mazade and Warmington abstained; Planning Commissioner
        Harriman was absent. 1) The Planning Commission's recommendation was forwarded to the City
        Commission for its consideration.

        On January 27, 2004, the City Commission considered the rezoning request. At that time,
        Commissioner Spataro made, and Commissioner Gawron seconded, a motion to deny the
        rezoning request at 407 Marquette Avenue from R-1, Single Family Residential to B-1, Limited
        Business. Commissioners Gawron, Shepherd, and Spataro voted in favor of the motion; Mayor
        Wannington, Vice Mayor Larson, and Commissioners Carter and Davis voted against the
        motion. As such, the motion failed. Immediately thereafter, Vice Mayor Larson made, and
        Commissioner Davis seconded, a motion to approve the rezoning request for property located at
        407 Marquette Avenue from R-1, Single Family Residential to B-1, Limited Business. Mayor
        Warmington, Vice Mayor Larson, and Commissioners Carter and Davis voted in favor of the


        1
         Planning Commissioners Mazade and Warmington abstained because they were not present during the entire
        public hearing.
                                                      PARMENTER O'TOOLE                             141003/005
05/11/2004 15:27 FAX 231 728 2206

        Mayor and City C01mniss. __,,,
        May3,2004
        Page2


        motion; Commissioners Gawron, Shepherd, and Spataro voted against the motion. The minutes
        reflect that the motion passed, but required a second reading.

        The requirement of a second reading is mandated by the City of Muskegon Charter, which
        provides that:

                   "No ordinance shall be adopted at the same meeting at which it is prnposed
                   except by unanimous consent of all members of the commission then in office."

        Muskegon City Charter, Chapter VII, Section 2.

        On February 10, 2004, the City Co1nmission undertook the second reading of the proposed
        ordinance. The applicant was unaware of the need for a second reading and, thus, was not
        present at the City Commission meeting. At that meeting, Vice Mayor Larson made, aud
        Commissioner Davis seconded, a motion to approve the rezoning of 407 Marquette Avenue from
        R-1, Single Family Residential to B-1, Limited Business. Vice Mayor Larson and
        Commissioners Davis voted in favor of the motion; Mayor Warmington and Commissioners
        Carter, Gawron, Shepherd, and Spataro voted against the motion. The motion failed.

        If the City Commission desires to consider tl1e request to rezone the property located at
        407 Marquette, there are two options:

                  1.         Start the process over again;
                  2.         Rescind the City Commission action of February 10, 2004.

        The first is straight forward and for more legally defensible. The second is procedurally
        awkward.

        Comm~nce New Case

        The City and Village Zoning Act provides the statutory process to amend a zoning ordinance. In
        the case of Muskegon,

                   "the legislative body shall not amend the ordinance ... until the proposed
                   amendment has been submitted to the (planning] commission and it (planning
                   commission] has held at least 1 hearing and made report thereon."

        MCL Sectiou 125.584(3). The courts require strict compliance with the statute when adopting
        and amending zoning ordinances.

        The safest course is to begin again. The City Commission could ask the Planning Commission
        to consider a rezoning reqnest. The applicant's confusion on the need for a second reading would
        warrant the request.



        G:\E:0$!\FILES\00100\ 1905\I.TR\BJ02413.DOC
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05/11/2004 15:28 FAX 231 728 2206


        Mayor and City Commissi.___;
        May3,2004
        Page 3


        By commencing this matter anew, hopefully, a greater number of members of the Planning
        Commission can review this matter and make a recommendation. Regardless of that
        recommendation, the City Commission could then deal with the issue based upon a fresh
        recommendation from the Planning Commission. By treating this as a new request to be
        processed fully and completely, a munber of procedural issues are avoided and may reduce the
        number of complaints from citizens, both those in favor and opposed to the rezoning.

        Renew Matte( :Before the City Commission

        No1mally, the City Commission could deal with this as a Motion to Reconsider, However, the
        City of Muskegon City Commission Rules aud Procedures, which was adopted May 25, 1999,
        provides that the most recent edition of Roberts Rules of Order shall govern the commission in
        all cases in which they are applicable so long as they are not in conflict with commission rules,
        City Ordinance, or Charter. Both Robeits Rules of Order and the City Commission Rules and
        Procedures permit a reconsideration of a motion only at the same meeting or at the next regularly
        scheduled meeting. As such, a motion for reconsideration is not appropliate.

        If the City Commission desires to bling this matter before it again, the City Commission would
        need to consider a motion to rescind its motion to approve the rezoning request of February 10,
        2004. The motion would be:

                  "Motion to rescind the action of the City Commis,:;ion Motion which failed at the
                  Febntary 10, 2004 City Commission meeting to Approve the Rezoning of
                  407 Marquette Avenue from R-1, Single Family Residential to B-1, Limited
                  Business."

        That motion can be made and seconded by aoy member of the City Commission. The motion is
        debatable and can be amended. Purouant to Roberts Rule,:; of Order, if there is notice of intent to
        make that motion, then the motion to rescind may be adopted by simple majority.

        If the motion to rescind fails, no additional action will be taken on the underlying substantive
        motion. If the motion to rescind is adopted, then the City Commission could consider a motion
        to rezone the property. At that point, the motion should be:

                  Motion to Approve the Rezoning of 407 Marquette Avenue from R-1, Single
                  Family Residential to B-1, Limited Business.

        That motion may be made and seconded by any member of the City Commission.

        The City does not appear to have a practice as to whether a vote to amend the zoning ordinance
        would be considered a first or second reading. Given the lack of clear procedure or interpretive
        guidance, I would recommend that if the motion for rezoning is adopted on May 11, 2004 by
        fewer than all of the Commission, that a second reading be held at the next City Commission
        meeting. While this ro.iy delay implementation of the ordinance, it provides greater legal ability



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05/11/2004 15:28 FAX 231 728 2206                PARMENTER O'TOOLE                                     14] 005/005


        Mayor and City Cornmiss,.....)
        May3,2004
        Page4


        to defend the ordinance if a court challenge is forthcoming. It also allows the citizens adequate
        notice of the proposed action.

        If you have any questions or concerns, please feel free to contact me.




        olm C. Sdrrier
       Direct: 231. 722.5401
       Fax: 231.728.2206
       E-Mail Address: [email protected]




      G:\EDSI\FILES\00100\1005\lTR\8J02,4e,ooc
             Commission Meeting Date: May 11, 2004




Date:         May 4, 2004
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department                         03c.
RE:           Request for Extension of Deadlines for Former
              Lakos Property


SUMMARY OF REQUEST: At the April 13, 2004 meeting, the City Commission
requested that staff prepare an extension agreement with the Holiday Inn for the
former Lakos property. The extension agreement allows for the owner of the
property to have until October 1, 2004 to present plans for the development of the
property to the City. Construction must then begin by April 1, 2005 and be completed
by September 1, 2005.

FINANCIAL IMPACT: None at this time.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To approve the attached Amendment Agreement,
granting an extension of time to the owners of the former Lakos property, and
authorize the Mayor and Clerk to sign.

COMMITTEE RECOMMENDATION: None.
                                    SECOND AMENDMENT AGREEMENT
                                                     2004-47(b)
        THIS AGREEMENT is made, effective           May        11 , 2004 by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace Street,
Muskegon, Michigan 49440 ("Seller"), and DESIREE ENTERPRISES, INC. of939 Third
Street, Muskegon, Michigan 49440 ("Buyer"). This agreement constitutes an amendment to a
certain Real Estate Purchase Agreement between the parties dated February 8, 2000, and a Land
Contract between the parties dated March 1, 2000, a memorandum of which was recorded on
March 6, 2000, at Liber 3020 Page 817, Muskegon County Register of Deeds and Amendment
Agreement dated January 22, 2002. In all other respects the said agreements shall remain in full
force and effect.

        1.     Extension of Time for Completion oflmprovements. The Buyer shall have an
extended period of time within which to construct the improvements contemplated by Section 9
of the Real Estate Purchase Agreement, so that the time for commencement of construction shall
be April 1, 2005 and completion of construction shall now be September 1, 2005. This extension
is made on the following conditions. The failure of the Buyer to observe any one of these
conditions shall result in immediate reversion of the property to Seller as set forth in paragraph 9
of the Real Estate Purchase Agreement and fmther in this agreement:

                    1.1       The parking lot which has been constructed on the property shall be
                              landscaped in compliance with a landscaping plan to be submitted to and
                              approved by the City (Planning Department).

                    1.2       All zoning ordinance requirements, including variances, if granted, shall
                              be complied with, including without limitation landscaping, setbacks,
                              layout, lighting, and any other site plan requirements.

                    1.3       The entrance(s) and exit(s) for the parking area shall be on the alley.

                    1.4       Maintenance, repairs and cleaning of the parking lot shall be the
                              responsibility of the Buyer or its successors or assigns.

                    1.5       The Buyer shall deposit with the City a written schedule of the
                              construction activities and completion of buildings and structures
                              appropriate for commercial uses permitted on the property, the said



Z:\WORD\Lakos.Purchase Agt.Extension 2 amended.doc
                               schedule to be filed with the City no later than October I, 2004.
                               Construction shall commence by April I, 2005. Completion of the said
                               improvements shall be accomplished by September I, 2005, and the
                               schedule shall so require.

                      1.6      Reversion. Failure to timely submit the appropriate plan, or if submitted,
                               without timely commencement by April 1, 2005and completion by
                               September I, 2005, shall result in reversion to the City. Reversion to the
                               City shall mean that without any further action by the City, the entire title
                               to the property shall pass to the City without compensation to Buyer for
                               the improvements or partial improvements made, including without
                               limitation all parking, lighting, landscaping, infrastructure, ground cover,
                               seeding, planting, fences or other installations, or for any expense of any
                               kind. This reversion right of the City is supported by consideration,
                               reflected in the original purchase price. This reversion right survives
                               delivery of a deed pursuant to the Land Contract.

        2.      Recording and Enforcement. The provisions of this agreement shall constitute
amendments to the Land Contract at paragraph 19 thereof, and the incorporated Real Estate
Purchase Agreement at paragraph 9 thereof. This agreement may be recorded, and shall
constitute record evidence of the City's right to reversion and enforcement of the agreement. The
legal description of the property is:

                     Lot 8, EXCEPT the Easterly four inches thereof, and all of Lots 9,
                     IO and 11; also Lot I 2, EXCEPT the Southwesterly 6/1 Oths of a
                     foot, of Block 566 of the Revised Plat of the City of Muskegon.

           3.    In all other respects the agreements between the parties shall remain in full force
and effect. It is binding on the parties and their successors and assigns.

WITNESSES:                                                   SELLER: CITY OF MUSKEGON



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                                                                                                                  I
      JENNIFER M.                                                                                             JUDITH ALLEN
       GRANHOLM                                                                                            LIQUOR COMMISSION
                                                       STATE OF MICHIGAN
       GOVERNOR                                                                                               CHAIRWOMAN
                                               LIQUOR CONTROL COMMISSION
                                      DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                             DAVID C. HOLLISTER, DIRECTOR


                                         POLICE INVESTIGATION REQUEST
                                            [Authorized by MCL 436.1 (4)]



Muskegon Police Department                                                                       September 18, 2003
Chief of Police
1990 E. Apple
Muskegon, Michigan 49442                                                                          Request I.D.#231502


Chief of Law Enforcement Office


Applicant: BEN ROBERTS JR. requesting a New Specially Designated Merchant License located at
248 Mason, Muskegon Michigan, 49441, Muskegon County.

Contact: William R. Sininger, Attorney, 120 W. Apple, Muskegon Ml, 49443 B.P.(231)727-2107


Please make an investigation of this application. If you do not believe that the applicant(s) are qualified for licensing, give your
reasons in detail. Complete the Police Inspection report on Liquor License Request, LC-1800, or for Detroit Police, the Detroit
Police Investigation of License Request, LC-1802. If there is not enough room on the front of the form, you may use the back.

Forward your report and recommendations of the applicant to the Licensing Division.



( ) Please include Fingerprint Card(s) and $30.00 for each card, and mail to the Michigan Liquor Control
    Commission

( X) No Fingerprints Necessary


If you have any questions, contact the Licensing Division at (517)322-1400


Jr
LC-1972 Rev 01/02




                                                 Michigan Liquor Control Commission
                                7150 Harris Drive• P.O. BOX 30005 • LANSING, MICHIGAN 46909-7505
                                          www.michiqan.gov • (517) 322-1345 Lansing Office
                 MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                                                                               1f A✓'JL
                              LIQUOR CONTROL COMMISSION
                                      7150 Harris Drive
                                                                                             lo -1 Vo·~
                                       P.O. Box 30005
                                Lansing, Michigan 48909-7505

                                  POLICE INVESTIGATION REQUEST
                                   [Authorized by MCL 436.1201(4)]




Muskegon Police Department                                                           September 18, 2003
Chief of Police
1990 E. Apple
Muskegon, Michigan 49442                                                                    -
                                                                                     Request I.D.#231503

Chief of Law Enforcement Office

Applicant: BEN ROBERTS JR. requesting a New Specially Designated Distributor License,
located at 248 Mason, Muskegon Michigan, 49441,Muskegori County, to be held in conjunction
with Proposed New Specially Designated Merchant License (R.I.D.#231502).

CONTACT:                                              ATTORNEY:

Ben Roberts Jr.                                       William R. Sininger
864 Emerald                                           120 W. Apple Avenue, P.O. Box 599
Muskegon, Michigan 49442                              Muskegon, Michigan 49443-0599

                                                      Business Phone: (231 )727 -2107


Please make an investigation of the application. If you do not believe that the applicants are qualified for
licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request,
LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. lfthere is
not enough room on the front of the form, you may use the back.

Forward your report and recommendations of the applicant to the Licensing Division.

 (X )    NO FINGERPRINTS NECESSARY

         PLEASE INCLUDE FINGERPRINT CARDS AND $30.00 FOR EACH CARD, AND MAIL TO
         THE MICHIGAN LIQUOR CONTROL COMMISSION.


If you have any questions, contact the Licensing Division at (517)                              322-1400.


jr
               CITY OF MUSKEGON
           DIVISION OF PUBLIC SAFETY
                                 Anthony L. Kleibecker
                                 Dfrector of Public Safety



TO:              Honorable Mayor and City Commissioners

FROM:            Anthony L. Kleibecker       A rr L . I ~
                 Director of Public Safety     v

DATE:            May 3, 2004

SUBJECT:         Liquor License Application - 248 Mason Street
                 (Mason Street Market)


The Liquor Control Commission has received an application from Ben Roberts Jr.
requesting a New Specially Designated Distributor License (SDD) to be located at
248 Mason Street (Mason Street Market). This license would be held in conjunction
with a Proposed New Specially Designated Merchant License (SDM).

Per our internal procedures, Detective Kurt Dykman has conducted a check of
department and state records as they pertain to Ben Roberts Jr. City records
indicate that in 1989 Ben Roberts Jr. acqufred 248 Mason and remains as the
current owner. Until April 28, 2003, when a business license application was
submitted, the City Clerk's Office had no record of a business license having been
issued for this location. A business license application was submitted by Anthony
Jones of Antinique Enterprises LLC, 1712 Ray Street, Muskegon. The start date of
the business was to be June 1, 2003. A review of police calls to that address revealed
that officers were dispatched to the business on April 9, 2003 and in doing so,
discovered that the store was open. Officers have had contacts with individuals at
248 Mason at other times prior to June 1, 2003.

Reviews of dep:utment records indicate numerous arrests of Anthony Jones.
Department records also reveal a number of arrests and contacts with Mr. Roberts
ranging from 1969 through 2003.

The Fire Department is denying this request due to the fact that the business is not
in compliance with the International Fire Code for commercial operations. The
Inspection Department is denying this request as the business has failed to schedule
an inspection and has yet to obtain a Certificate of Occupancy.




980 Jefferson Street              www.muskegonpolice.com     Phone: (231) 724-6955   1
Muskegon, Michigan                                           Fax: (231) 725-2043
49443-0536
In addition to my concerns with the individuals involved with this application and
the failurn to meet the requirements set forth by the Fire Department and
Inspection Department, I am concerned with the nature of crime in the vicinity of
248 Mason Street. This business sits at the corner of Fifth Street and Mason. We
have had continual problems with street-level drug dealing and other disorder
crimes. My greatest concern is that adding a store that sells liquor into this
environment will make it all the more difficult to deal with these issues and to
maintain the safety of those residents who live in this neighborhood.

Generally, I have not opposed the issuance or renewal of liquor license applications
in the city. However, in this present case I am recommending that you deny this
request for a SDD and SDM license for 248 Mason Street.




980 Jefferson Street           www.muskegonpolice.com       Phone: (231) 724-6955   2
Muskegon, Michigan                                          Fax: (231) 725-2043
49443-0536
                                 INCIDENT LIST:

Agcy Case#             Offense           Rpt Date     Location

MUPD   2000-004215-I   VIOLATION OF CO   02/18/2000   5TH/MASON
MUPD   2000-009572-I   GENERAL NON-CRI   04/14/2000   STH/MASON
MUPD   2000-011607-I   WEAPONS OFFENSE   05/04/2000   5TH/MASON
MUPD   2000-014441-I   VIOLATION OF CO   05/31/2000   5TH/MASON
MUPD   2000-017025-I   DISORDERLY COND   06/22/2000   5TH/MASON
MUPD   2000-017044-I   DRUNKENNESS - E   06/23/2000   5TH/MASON
MUPD   2000-017923-I   GENERAL ASSISTA   06/30/2000   STH/MASON
MUPD   2000-018376-I   TRAFFIC VIOLATI   07/04/2000   5TH/MASON
MUPD   2000-025837-I   DISORDERLY COND   09/08/2000   5TH/MASON
MUPD   2000-026894-I   NON-AGGRAVATED    09/19/2000   5TH/MASON
MUPD   2000-028026-I   NON-AGGRAVATED    10/01/2000   5TH/MASON
MUPD   2000-028660-I   NON-AGGRAVATED    10/08/2000   5TH ST/MASON AV
MUPD   2000-031238-I   MOTOR VEHICLE T   11/05/2000   5TH/MASON
MUPD   2000-031669-I   MISCELLANEOUS C   11/10/2000   5TH/MASON
MUPD   2000-032882-I   UNAUTHORIZED DU   11/27/2000   5TH/MASON
                                 INCIDENT LIST:
Agcy Case#             Offense           Rpt Date     Location

MUPD   2001-002028-I   MISDEMEANOR TRA   01/27/2001   5TH/MASON
MUPD   2001-004725-I   DISORDERLY COND   03/06/2001   5TH/MASON
MUPD   2001-007744-I   GENERAL NON-CRI   04/11/2001   5TH/MASON
MUPD   2001-009274-I   INCAPICATION      04/27/2001   5TH/MASON
MUPD   2001-011566-I   AGGRAVATED/FELO   05/20/2001   5TH/MASON
MUPD   2001-011619-I   MOTOR VEHICLE T   05/21/2001   5TH/MASON
MUPD   2001-012974-I   OBSTRUCTING JUS   06/04/2001   5TH/MASON
MUPD   2001-014442-I   PUBLIC PEACE -    06/17/2001   5TH/MASON
MUPD   2001-016080-I   MISDEMEANOR TRA   07/01/2001   5TH/MASON
MUPD   2001-016424-I   PUBLIC PEACE -    07/04/2001   5TH/MASON
MUPD   2001-022456-I   SUSPICIOUS SITU   09/03/2001   5TH/MASON
MUPD   2001-024219-I   DAMAGE TO PROPE   09/22/2001   5TH/MASON
MUPD   2001-024316-I   LARCENY - OTHER   09/24/2001   5TH/MASON
MUPD   2001-028805-I   PUBLIC PEACE -    11/16/2001   5TH/MASON
MUPD   2001-032170-I   MISCELLANEOUS C   12/31/2001   5TH/MASON
                                 INCIDENT LIST:
Agcy Case#             Offense           Rpt Date     Location
MUPD   2002-000950-I   AGGRAVATED/FELO   01/14/2002   5TH/MASON
MUPD   2002-003593-I   NON-AGGRAVATED    02/19/2002   5TH/MASON
MUPD   2002-004042-I   WEAPONS OFFENSE   02/25/2002   5TH/MASON
MUPD   2002-005565-I   DAMAGE TO PROPE   03/18/2002   5TH/MASON
MUPD   2002-005572-I   BAD REPORT#       03/18/2002   5TH/MASON
MUPD   2002-005573-I   MISCELLANEOUS C   03/18/2002   5TH/MASON
MUPD   2002-006453-I   SUSPICIOUS SITU   03/30/2002   5TH/MASON
MUPD   2002-009080-I   INTIMIDATION/ST   04/30/2002   5TH/MASON
MUPD   2002-009172-I   VIOLATION OF CO   05/01/2002   5TH/MASON
MUPD   2002-011519-I   DISORDERLY COND   05/29/2002   5TH/MASON
MUPD   2002-017942-A   TRAFFIC ACCIDEN   08/03/2002   5TH/MASON
MUPD   2002-027149-I   SUSPICIOUS SITU   11/10/2002   5TH/MASON
MUPD   2002-028330-I   NON-AGGRAVATED    11/25/2002   5TH/MASON
MUPD   2002-028357-I   PUBLIC PEACE -    11/26/2002   5TH/MASON
                                 INCIDENT LIST:
Agcy Case#             Offense           Rpt Date     Location

MUPD   2003-005492-I   SUSPICIOUS SITU   03/18/2003   5TH/MASON
MUPD   2003-009092-I   SUSPICIOUS SITU   05/01/2003   5TH/MASON
MUPD   2003-009552-I   PROPERTY          05/07/2003   5TH/MASON
MUPD   2003-009951-I   DISORDERLY COND   05/12/2003   5TH/MASON
MUPD   2003-010094-I   DISORDERLY COND   05/14/2003   5TH/MASON
MUPD   2003-011489-I   DISORDERLY COND   05/31/2003   5TH/MASON AV
MUPD   2003-011625-I   GENERAL ASSISTA   06/02/2003   5TH/MASON
MUPD   2003-011711-I   GENERAL ASSISTA   06/03/2003   5TH/MASON
MUPD   2003-011979-I   LOST & FOUND PR   06/06/2003   5TH/MASON
MUPD   2003-012024-I   DISORDERLY COND   06/07/2003   5TH/MASON
MUPD   2003-012390-I   VIOLATION OF CO   06/11/2003   5TH/MASON
MUPD   2003-012658-I   CURFEW-UNDER AG   06/14/2003   5TH/MASON
MUPD   2003-012668-I   SUSPICIOUS SITU   06/14/2003   5TH/MASON
MUPD   2003-012992-I   DISORDERLY COND   06/17/2003   5TH/MASON
MUPD   2003-013712-I   DISORDERLY COND   06/24/2003   5TH/MASON
MUPD   2003-014963-I   GENERAL NON-CRI   07/07/2003   5TH/MASON
MUPD   2003-015858-I   DISORDERLY COND   07/17/2003   5TH/MASON
MUPD   2003-021856-I   ASSIST OTHER AG   09/26/2003   5TH/MASON
MUPD   2003-021997-I   ROBBERY           09/28/2003   5TH/MASON
MUPD   2003-026039-I   SUSPICIOUS SITU   11/20/2003   5TH/MASON
MUPD   2003-026687-I   MISDEMEANOR TRA   11/29/2003   5TH/MASON
                             INCIDENT LIST:
Agcy Case#         Offense         Rpt Date   Location
MUPD 2004-001650-I SUSPICIOUS SITU 01/26/2004 5TH/MASON
MUPD 2004-005229-I SUSPICIOUS SITU 03/16/2004 5TH/MASON
                                 INCIDENT LIST:

Agcy Case#             Offense           Rpt Date     Location

MUPD   2003-007249-I   DISORDERLY COND   04/09/2003   248   MASON   AV
MUPD   2003-011639-I   GENERAL NON-CRI   06/02/2003   248   MASON   AV
MUPD   2003-016126-I   SUSPICIOUS SITU   07/21/2003   248   MASON   AV
MUPD   2003-016778-I   SUSPICIOUS SITU   07/27/2003   248   MASON   AV
MUPD   2003-017411-I   DISORDERLY COND   08/02/2003   248   MASON   AV
MUPD   2003-026055-I   JUNK VEHICLE OR   11/20/2003   248   MASON
                                                                              .RECETVED
                              William R. Sininger                                  APt< U - :;nn11
                                     Attorney at Law, PLLC
                         One East Apple Avenue, Suite B, Muskegon, MI 49442   Cl     Clerks Office
                           Telephone (231) 728-9023 Fax (231) 726-3148




March 31, 2004


City of Muskegon
Clerk's Office
Michael E. Kobza Hall of Justice
990 Terrace
Muskegon,MI49442

       RE:    Investigation--Ben Roberts Jr., requesting a New Specially Designated
              Merchant License, located at 248 Mason, Muskegon, MI 49441

Dear Ladies and Gentlemen:

Enclosed please find $250 which represents the inspection fee for the above captioned matter. I
have enclosed a copy of the LCC investigation form for your file. Please refer this over to the
Police Department to commence the investigation. If you have any questions please contact me
immediately.




WRS/hb

Enclosures
      JENNIFER M.                                                                                JUDITH ALLEN
       GRANHOLM                                  STATE OF MICHIGAN
                                                                                               LIQUOR COMMISSION
      GOVERNOR                                                                                    CHAIRWOMAN
                                         LIQUOR CONTROL COMMISSION
                                 DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
                                        DAVID C. HOLLISTER, DIRECTOR


                                NOTICE: IMPENDING INVESTIGATION© ©
                                             [Authorized MCL 1217]
                                                                                                 {J=2>   V
TO:     Ben Roberts Jr.                                                                 September 18, 2003
        864 Emerald                                                                     Request I.D.#231502
        Muskegon, Michigan 49442

Reference: BEN ROBERTS JR. requesting a New Specially Designated Merchant License, located at 248
Mason, Muskegon Michigan, 49441, Muskegon County.

Your request has been placed under investigation. Investigations are conducted by an investigator from the
Michigan Liquor Control Commission, the local law enforcement agency and in some instances the local
legislative body.

You will be contacted by a Commission Investigator from:
       District Office: Grand Rapids District Office
       Telephone Number: (616)447-2647

You may contact that office regarding any appointments or questions, until your file is returned to the
Lansing Office. After the Commission's investigator has contacted you, it is your responsibility to contact
the police agency having jurisdiction at the business location, for their po1tion of the investigation. If you do
not provide requested information or keep your appointments, your file will be returned to the Lansing
Office which will delay the processing of yo.ur application.

If you are to be fingerprinted, a $30.00 fee must be paid to the police agency for each person printed.
Fingerprint fees must be paid by check or money order and made out to the State of Michigan.

When all reports are received, your file is then submitted to the Administrative Offices of the Commission
for presentation to the Commission for consideration. You will be notified in writing of the Commission's
decision. Any outstanding fees and closing papers will be requested only after the Commission has approved
your request.

                                             WARNING
Do not invest any money in improvements or bind yourself in any agreements until you have been officially
notified by the Michigan Liquor Control Commission that your request has been approved.

                                      OUTSTANDING VIOLATIONS
Any pending violations by the licensee and/or applicant must be resolved prior to Commission consideration
and/or final processing of your application.

JI"
cc: William R. Sininger, Attorney

LC-1975 Rev. 01/02
                                            Michigd'n Liquor Control Commission
                           7150 Harris Drive• P.O. BOX 30005 • LANSING, MICHIGAN 48909-7505
                                     www.michiqan.gov • (517) 322-1345 Lansing Office
                  MICHIGAN DEPARTMEN·I ui- c.;uN::>u1111c ~ °' 11~uu.:1 ,", ->"''' v ,v ......
                               LIQUOR CONTROL COMMISSION
                                      P.O. BOX 30005
                               LANSING, MICHIGAN 48909-7505

                                 NOTICE: IMPENDING INVESTIGATION
                                      [Authorized MCL 436.1215]

                                               September 18, 2003


Ben Roberts Jr.                                                                Request I.D.#231503
864 Emerald
Muskegon, Michigan 49442


Reference: BEN ROBERTS JR. requesting a New Specially Designated Distributor License with
Sunday Sales Permit, located at 248 Mason, Muskegon Michigan, 49441 ,Muskegon County, to be
held in conjunction with Proposed New Specially Designated Merchant License (R.I.D.#231502).

Your request has been placed under investigation. Investigations are conducted by an
investigator from the Michigan Liquor Control Commission, the local law enforcement agency and
in some instances the local legislative body.

You will be contacted by a Commission investigator from our Grand Rapids District Office. You
may contact that office at (616)447-2647 any appointments or questions, until your file is returned
to the Lansing Office. After the Commission's investigator has contacted you, it is your
responsibility to contact the police agency having jurisdiction at the business location, for their
portion of the Investigation. If you do not provide requested information or keep your
appointments, your file will be returned to the Lansing office which will delay the processing of
your application.

If you are to be fingerprinted, a $30.00 fee must be paid to the police agency for each person
printed. Fingerprint fees must be paid by check or money order and made out to the State of
Michigan.

When all reports are received, your file is then submitted to the Administrative Offices of the
Commission for presentation to the Commission for consideration. You will be notified in writing
of the Commission's decision. Any outstanding fees and closing papers will be requested only
after the Commission has approved your request.

                                                 WARNING

Do not invest any money in improvements or bind yoUiself in any agreements until you have been
officially notified by the Michigan Liquor Control Commission that your request has been
approved.

                                      OUTSTANDING VIOLATIONS

If you are buying a license from a current licensee, and that licensee has a violation pending
during the time the application for transfer is being processed, final papers will not be released
until disposition of violation.


Jr
cc:   Wi ll iam R . Sininger , Attorn ey
 WILLIAM R. SININGER ATTY AT LAW PLLC         02-04      !!:fil.740
                                                           720              1008
 TRUST ACCOUNT                                           628582261
 1 E APPLE AVE. SUITE B PH. 231-728-9023
 MUSKEGON. Ml 49442                                   DATE { -   .SO<'JI¢




                                                                                   .
,:o? 2000 'l • s,:           i;2asa22i;.11•
  Affirmative Action
  61.6/724-670:-,'
  FAX/722-1214

  Assessor
  616/724-6708
  FAX/724-417E

  Cemetery
  616/724-6783
  FAX/726-5617

  Civil Service
  616/724-6716
  FAX/724-4055

  Clerk
  616/724-6705
  FAX/724-4178

  Comm. & Neigh.
     Sen·ices
  616/724-6717
  FAX/726-2501
                       December 18, 2003
 Engineering
 616/724-6707
 FAX/727-6904

 Finance               Mr. Ben Roberts, Jr.
 616/724-6713          864 Emerald
 FAX/724-6768
                       Muskegon,MI 49442
 Fire Dept.
 616/724-6792
 FAX/724-6985          Dear Mr. Roberts:
 Income Tax
 616/724-6770          I have received a letter from the Liquor Control Commission reference your
 FAX/724-6768
                       request for a new SDD and SDM License at 248 Mason. This request has been
 Info. Systems         recommended for denial by the Fire Department because the building is not in
 616/724-6706
 FAX/722-4301          compliance with the International Fire Code for commercial cooking operations.
                       The Inspection Department has also recommended denial of the request because
 Leisure Sen·ice
 616/724-6704          the building needs an inspection and to be issued a certificate of occupancy with
 FAX/724-1196
                       the "Deli" addition.
 Manager's Office
 616/724-6724
 FAX/722-1214
                       Please contact the Inspection Department at 724-6715 and the Fire Department at
                       724-6792 to schedule the inspections. This request will then be presented to the
 Mayor's Officl.'
 616/724-6701          City Commission for their recommendation.
 FAX/722-1214

Neigh. & Const.        If you have any questions, please contact me at 724-6915.
   Services
616/724-6715
FAX/726-250 I          Thank you,
Planning/Zoning
616/724-6702
FAX/724-6790

Police Dept.           Linda Potter, CMC
616/724-6750
FAX/722-5140           Deputy Clerk
Public Works
616/724-4100
FAX/722-4188

Treasurer
616/724-6720
FAX/724-6768

Water Billing Dept.
616/724-6718
FAX/724-6768

Water Filtration
616/724-4106
FAX/755-5290             City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Affirmative Action
(231 )724-6703
FAX (231)722-1214

Assessor
(23 I )724-6708
FAX (231)726-5181

Cemetery
(231)724-6783
FAX (231)726-5617
                                               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
                      May 5, 2004
Clerk
(231)724-6705
FAX (231)724-4178

Comm. & Neigh.        Mr. Ben Roberts, Jr.
Services              864 Emerald
(23 I )724-6717
FAX (231)726-2501     Muskegon, MI 49442
Engineering
(231 )724-6707        Dear Mr. Roberts:
FAX (231)727-6904

Finance               This letter is to inform you that your request for a new SDM and SDD license
(231)724-6713
FAX (231)724-6768     located at 248 Mason, Muskegon, MI, will be presented to the City Commission
                      on May 11, 2004. This meeting begins at 5:30 p.m. and is located in the City
Fire Department
(231 )724-6792        Commission Chambers, 933 Terrace, Muskegon, MI.
FAX (231 )724-6985

Income Tax            This request has also been sent to the Nelson Neighborhood Association for their
(231 )724-6770
FAX (231)724-6768
                      comments. It is Commission practice to let the Neighborhood Association know
                      of any liquor license requests that are located within their boundaries. This allows
Info, Technology
(231)724-4126         for comments from the people who live there and not just from the owners of the
FAX (231)722-4301     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)724-6701         Deputy Clerk
FAX (231)722-1214

Planning/Zoning
(231 )724-6702
FAX (231)724-6790

Police Department
(231)724-6750
FAX (231)722-5140

Public Works
(231)724-4100
FAX (231)722-4188

Treasurer
(231 )724-6720
FAX (231)724-6768

Water Billing
(231)724-6718
FAX (231)724-6768

Water Filtration
(23 1)724-4106
FAX (231)755-5290      City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                              httn•//www_-.:hnrPlinecitv.cnm
Affirmative Action
(231)724-6703
FAX (231)722-1214

Assessor
(231 )724-6708
FAX (231)726-5181

Cemetery
(231 )724-6783
FAX (231)726-5617
                                               West Michigan's Shoreline City
City Manager                                        www.shorellnecity.com
(231 )724-6724
FAX (231)722-1214

Civil Service
(231)724-6716         May 5, 2004
FAX (231)724-4405

Clerk
(231 )724-6705
FAX (231)724-4178

Comm. & Neigh.        Mr. William R. Sininger, Attorney
Services              120 W. Apple
(231 )724-6717
FAX (231)726-2501     Muskegon,MI 49441
Engineering
(231 )724-6707        Dear Mr. Sininger:
FAX (231)727-6904

Finance               This letter is to inform you that Ben Roberts request for a new SDM and SDD
(231 )724-6713
FAX (231)724-6768     license located at 248 Mason, Muskegon, MI, will be presented to the City
                      Commission on May 11, 2004. This meeting begins at 5:30 p.m. and is located in
Fire Department
(231 )724-6792        the City Commission Chambers, 933 Terrace, Muskegon, ML
FAX (231 )724-6985

Jncome Tax            This request has also been sent to the Nelson Neighborhood Association for their
(231 )724-6770
FAX (231)724-6768
                      comments. It is Commission practice to let the Neighborhood Association know
                      of any liquor license requests that are located within their boundaries. This allows
Info. Technology
(231 )724-4126        for comments from the people who live there and not just from the owners of the
FAX (231)722-4301     business' who are located there.
lnspection Services
(231 )724-6715
FAX (231)728-4371
                      Sincerely,
Leisure Services
(231 )724-6704
FAX (231)724-1196

Mayor's Office        Linda Potter
(231)724-6701         Deputy Clerk
FAX (231)722-1214

Planning/Zoning
(231)724-6702
FAX (231)724-6790

Police Department
(231)724-6750
FAX (231 )722-5140

Public Works
(231 )724-4100
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
                                              httn•//"'"'"' 1i:hnrPlinPr-itv_r-nm
Affirmative Action
(231 )724-6703
                                               MUSKEGON
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.shorellneeity.com
(231 )724-6724
FAX (231)722-1214

Civil Service
(231 )724-6716
FAX (231 )724-4405
                      May 5, 2004
Clerk
(231 )724-6705
FAX (231 )724-4178

Comm, & Neigh.        Ms. Mary Jo Mccann, President
Services              Nelson Neighborhood Association
(231 )724-6717
FAX (231)726-2501     461 W. Webster
Engineering
                      Muskegon, MI 49440
(231 )724-6707
FAX (231)727-6904
                      Dear Ms. McCann:
Finance
(231 )724-6713
FAX (231)724-6768     We have received a request from the Liquor Control Commission reference a
                      request from Mr. Ben Roberts, Jr. for a new SDD and SDM license located at 248
Fire Department
(231 )724-6792        Mason Street. A SDD license permits the sale of alcoholic liquor, other than beer
FAX (231 )724-6985
                      and wine for consumption off the licensed premises. A SDM license permits the
Income Tax            sale of beer and wine for consumption off the licensed premises. On Tuesday,
(231 )724-6770
FAX (231)724-6768     May 11, 2004, the City Commission will review this request and determine
                      whether or not it should be recommended for approval.
Info. Technology
(231 )724-4126
FAX (231)722-4301     You are being sent this notice because the City Commission would like to know
Inspection Services   how the Neighborhood Association feels and would appreciate any comments that
(231)724-6715
FAX (231)728-4371
                      they may have. You may send these comments to 933 Terrace, Muskegon, Ml
                      49440 or attend the City Commission Meeting on May 11, 2004, at 5:30 p.m. in
Leisure Services
(231 )724-6704        the Commission Chambers.
FAX (231)724-1196

Mayor's Office        If you have any questions, please feel free to contact me at 724-6705.
(231)724-6701
FAX (231)722-1214
                      Sincerely,
Planning/Zoning
(231)724-6702
FAX (231)724-6790

Police Department
(231)724-6750         Linda Potter
FAX (231)722-5140
                      Deputy Clerk
Public Works
(231)724-4100
FAX (231)722-4188

Treasurer
(23 I )724-6720
FAX (231)724-6768

Water Billing
(231)724-6718
FAX (23 I )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
                                              httn•//www.li:hnrPlinPc-itv_rom
                                           MIC:-ilGAN 0EPARTMENt OF (;OMMEflCE
                                               LIQUOR. CONTROL COMMISSION                                 Request _ I.D.#231502
                                                                                                                 and #23 1503
                                                    RESOLUTION
                                                    20 04-4 8:( a)

  At a ___R_e~g-"uc.::1;;..;a:;.:r~
                                 · ----,-,--- meeting of the _ _ _C_i_t__.y..___C_o_m_m_i_s_s_i_o_n_______
                (Ragujar, or   ~I                                                (To.,.,,lp   8oaN1.   CJty of Vlllcge CQunc,I)


 called to order by Mayor Warmington                     on   _ ___:.M.:. .:a=--y.__.:;.. l=-1..,_,--=2c..::0c..::0;_4,....___ at 5 : 3 0   P.!l.t

 the following resolution was offered:

        Moved by         Commissioner Spataro and Supported by Vice Mayor Larson

        That the request from Ben Roberts,
                                    Jr., for a new SDD License to be
        held in conjunction with proposed new SDM License located at
        248 Mason, Muskegon, MI 49441, Muskegon County


       be considered for                 Disapproval

                                       Approval                                           Disapproval

                                       Yeas:                                              Yeas:          7

                                       Nays:                                              Nays:          O

                                       Absent:                                            Absent: o

       It is the consensus of this legislative body that the application be                              not (RKOmm..-
                                                                                                              recommended
                                                                                                                       or

       _ _ _ _-,-_______ for issuance.
                not A..:ommendedJ


State of Michigan ) SS
County of Muskegoh

I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the


            City Commission                                at a ____;:,;R~e:..;g;i..;u::..:=.1-=a:.:r:___________
                                                                                              (A"Gul•r or spec,111



meeting held on the            i1 th   of May, 2004


                                                                                                 Q ~~~
                                         (0&11)




                                                          (Signed)         ~   v,111g, Ciani) 0
                                                                                          (TOWl\lhlll- Clly, or

                                                           Gail A. Kundinger, MMC, City Clerk
                                                          933 Terrace , Muskegon,_MI 49440
                                                                          1.-.ic11- of Tawn,nip, City or Vtll~Q• So,rd)
SEAL
POLICE INSPECTION REPORT ON LIQL.                      . LICENSE REQUEST
                                                                                            MICHIGM'      lUOR CONTROL
                                                                                                          7150 Harris Drive
                                                                                                                             Cf Pr'h
                                                                                         Michigan Deparfment of Consumer & Industry Services
                                                                                                                                   MISSION
                                                                                                                              ·..,__               _~3
                               (Authorized by MCL436.1217)
                                                                                                           P.O. Box 30005             , _,-/   Cl
                                                                                                    Lansing, Michigan 48909-7505 \ U
      RID: 231502
      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.

    BEN ROBERTS JR.
    248 Mason, Muskegon Michigan, 49441, Muskegon County

    REQUEST FOR: A New Specially Designated Merchant License


I Section 1.                                                  APPLICANT INFORMATION                                                                   I
    APPLICANT #1:                                                           APPLICANT #2:

    HOME ADDRESS AND AREA CODE/PHONE NUMBER:                                HOME ADDRESS AND AREA CODE/PHONE NUMBER:


    DATE OF BIRTH:                                                          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 finqerprinted: NONE NEEDED                                          Date finaerorinted:
I           Attach the fim1erprint card and $30.00 for each card and mail to the Michinan Liquor Control Commission.                                  I
    ARREST RECORD:            □ Felony      □ Misdemeanor                   ARREST RECORD:            □ Felony      □ Misdemeanor
    Enter record of all arrests & convictions (attach a signed and dated    Enter record of all arrests & convictions (attach a signed and dated
    report if more space is needed)                                         report if more space is needed)



I Section 2.                                  lnvestiaation of Business and Address to be Licensed                                                    I
    Does applicant intend to have dancing or entertainment?
    l!&1 No □ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit

    Are gas pumps on the premises or directly adjacent?          91!' No    D   Yes, explain relationship:


I Section 3.                          Local and State Codes and Ordinances, and General Recommendations
    Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
    and ordinances, if this license is granted?   D Yes      D No
    If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)


I Section 4.                                                         Recommendation
    From your investigation:
       1. Is this applicant qualified to conduct this business if licensed?    D Yes
      2. Is the proposed location satisfactory for this business?              D Yes
       3. Should the Commission grant this request?                            D Yes
      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)
                                                                                S "''-'-- /)l·h.cf,. o_o/

                                                                           L . I        Q~__Q__, , o.
                                                             Signa    e (Sh8riff er Chief of Police)                                Date
                                                             MUSKEGON POLICE DEPARTMENT



      LC-1800 Rev. 07/02
                                                                                              Michigan Depa"ment of Consumer & Industry Services
                                                                                                  MICHIGAI        JUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON LIQl                       .t LICENSE REQUEST
                                                                                                                  7150 Harris Drive     , / ./\ ,'T)
                               (Authorized by MCL 436.1217)
                                                                                                                   P.O. Box 30005            J?-,,-r
                                                                                                                                                  II-...__
                                                                                                            Lansing, Michigan 48909-7505                  0 :,
      RID: 231503                                                                                                                                ~   q _./
      Important: Please conduct your investigation as soon as possible and complete all four sections of                                   Mis report.
                 Return the completed report and fingerprint cards to the Commission.

    BEN ROBERTS JR.
    248 Mason, Muskegon Michigan, 49441, Muskegon County

    REQUEST FOR: A New Specially Designated Distributor License, to be held in conjunction with Proposed New Specially
    Designated Merchant License (R.I.D.#231502)


I Section 1.                                                   APPLICANT INFORMATION                                                                         I
    APPLICANT #1:                                                               APPLICANT #2:

    HOME ADDRESS AND AREA CODE/PHONE NUMBER:                                    HOME ADDRESS AND AREA CODE/PHONE NUMBER:



    DATE OF BIRTH:                                                              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 finqerprinted: NONE NEEDED                                              Date finaerorinted:
I           Attach the fin11erprint card and $30.00 for each card and mail to the Michi11an Liquor Control Commission.                                       I
    ARREST RECORD:            □ Felony      □ Misdemeanor                       ARREST RECORD:               □ Felony   □ Misdemeanor
    Enter record of all arrests & convictions (attach a signed and dated        Enter record of all arrests & convictions (attach a signed and dated
    report if more space is needed)                                             report if more space is needed)




I Section 2.                                  lnvestiaation of Business and Address to be Licensed                                                           I
    Does applicant intend to have dancing or entertainment?
    jZLNo   □ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit

    Are gas pumps on the premises or directly adjacent?          )Q No          D   Yes, explain relationship:



I Section 3.                          Local and State Codes and Ordinances, and General Recommendations
    Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws
    and ordinances, if this license is granted?  □ Yes       D No
    If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)


I Section 4.                                                       Recommendation
    From your investigation:
       1. Is this applicant qualified to conduct this business if licensed?     D Yes         G'No
      2. Is the proposed location satisfactory for this business?               D Yes         G'No
      3. Should the Commission grant this request?                              D Yes         G'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)
                                                                             S'e._€... M ff:;,__ n.A o_o/

                                                                            L       _ I -<.___ Q__,__, S:, • o,
                                                              Signal       (Sheriff or Chief of Police)                                        Date
                                                              MUSKEGON POLICE DEPARTMENT


      LC-1800 Rev. 07/02
  Affirmative Action
  616/724-6703
  FAX/722-1214

  Assessor
  616/724-6 708
  FAX/724-tl78

  Cemetery
  616/724-6783
  FAX/726-5617

  Civil Service
  6 I 6/724-6716
  FAX/724-4055                                           West Michigan's Shoreline City
  Clerk
  616/724-6705
  FAX/724-4178

  Comm. & Neigh.
     Services
  616/724-6717
  FAX/726-2501
                       May 18, 2004
  Engineering
  616/724-6707
  FAX/727-6904

 Finance               Liquor Control Commission
 6 l 6/724-6713        7150 Harris
 FAX/724-6768
                       PO Box 30005
 Fire Dept.
 616/724-6792
                       Lansing, MI 48909-7505
 FAX/724-6985

 Income Tax
                       REF: #231502 & 231503
 616/724-6770               Ben Roberts, Jr.
 FAX/724-6768
                            248 Mason
 Info. Systems              Muskegon,MI 49441
 616/724-6706
 FAX/722-4301
                       To Whom It May Concern:
 Leisure Service
 6 I 6/724-6704
 FAX/724-1196
                       Enclosed is the Resolution and form LC-1800 that was recommended for denial at
 Manager's Office      the May 11, 2004, City Commission Meeting.
 616/724-6724
 FAX/722-1214
                       Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Mayor's Office
616/724-670 I
FAX/722-1214           Sincerely,        SENDER: COMPLETE THIS SECTION                                  COMPLETE THIS SECTION ON DELIVERY
Neigh. & Const.
                                          ■ Complete items 1, 2, and 3 . Also complete                  A. Signature
   Services
616/724-6715
FAX/726-2501
                                    I       item 4 if Restricted Delivery is desired.
                                          ■ Print your name and address on the reverse                  X
                                                                                                                                                       D A•~;a- -:r.
                                                                                                                                                      DA<
                                                                                                                                                                  ;_.....

                                            so that we can return the c

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