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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 13, 2013
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. Concession Contract for Concession Building at Pere Marquette Park.
PUBLIC WORKS
C. Letter of Support to WMSRDC’s Great Lakes Fisheries Trust Grant
Application. PUBLIC WORKS
D. Farmers’ Market DMDC Relocation Site – Purchase Agreement between
the City of Muskegon (City) and Downtown Muskegon Development
Corporation (DMDC). PLANNING & ECONOMIC DEVELOPMENT
E. SECOND READING: Fireworks Ordinance Amendment. PUBLIC SAFETY
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Presentation of Veterans’ Memorial Park. PUBLIC WORKS
B. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting. CITY CLERK
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 forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD dial 7-1-1 to request a representative to dial (231) 724-6705.
Date: August 13, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the July 23rd City
Commission Meeting and the July 30th, 31st and August 5th Special
Commission Meetings.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 23, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 23, 2013.
Mayor Gawron opened the meeting with a prayer from Rev. Bill Freeman from
the Harbor Unitarian Universalist Congregation after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Byron Turnquist, Lea Markowski, Eric Hood, and Willie German,
City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann
Marie Cummings.
Absent: Commissioner Sue Wierengo.
2013-61 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 8th Commission
Worksession Meeting, and the July 9th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Human Resources Agreement. CITY MANAGER
SUMMARY OF REQUEST: To renew the agreement with County of Muskegon to
provide human resources services to the City from July 1, 2013 through June 30,
2014.
FINANCIAL IMPACT: $75,000 plus incidental costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
C. Special Event Request – Michigan Beach Polo. PLANNING &
1
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The organizers of the Michigan Beach Polo event are
requesting to serve beer and wine during their beach polo match at Pere
Marquette Park on August 10, 2013. They are partnering with the Helen DeVos
Children’s Hospital Foundation. This is the event’s 2nd year.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale of beer and wine at Pere
Marquette Park on August 10, 2013 during the beach polo game.
D. Special Event Request – Catamaran Racing Association of Michigan.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: CRAM is requesting permission to hold a Catamaran
sailing regatta at Pere Marquette Park, July 25 through 28, 2013. They would like
to use the City-owned parking lot across from the former Captain Jack’s
restaurant for overnight camping on July 25, 26, and 27, 2013. They expect less
than ten RV’s in the lot overnight, and they will provide a portable toilet for the
campers’ use. This is the event’s sixth year of operation and there have never
been any problems with this group. They have provided proof of liability
insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve overnight camping at Pere Marquette
Park for this event on July 25, 26, and 27, 2013.
E. Vacation of Temple Street south of Delano Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff is requesting to vacate the portion of Temple
Street south of Delano Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the street, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the street at their July meeting, with the condition that all utility
easement rights be retained.
F. Acceptance into the Redevelopment Ready Communities Program.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has been selected to participate
2
in the Michigan Economic Development Corporation’s (MEDC) Redevelopment
Ready Communities (RRC) program. The program measures and then certifies
communities that integrate transparency, predictability and efficiency into their
daily development practices. The RRC is a formal recognition that a community
has a vision for the future and the fundamental practices on place to get there.
Participation in the program could potentially lead to grant and marketing
opportunities.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends acceptance into the RRC
program and for the Mayor to sign the Memorandum of Understanding and
resolution.
Motion by Commissioner German, second by Vice Mayor Spataro to accept the
Consent Agenda as presented.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, and Turnquist
Nays: None
MOTION PASSES
2013-62 NEW BUSINESS:
A. Fireworks Ordinance Amendment. PUBLIC SAFETY
SUMMARY OF REQUEST: It is requested the City Commission approve the
Ordinance Amendment which provides for the regulation of the ignition,
discharge and use of consumer fireworks, as allowed under the Michigan
Fireworks Safety Act.
The ordinance specifically limits the days and hours Consumer fireworks may be
ignited, discharged or used in the City. The ordinance prohibits the use of
fireworks while under the influence of alcohol or drugs. The Public Safety Office
wants to ensure no person shall recklessly endanger the life, health, safety, or
well-being of any person by the ignition, discharge, or use of consumer fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Ordinance as presented.
Motion by Vice Mayor Spataro, second by Commissioner Hood to adopt the
ordinance as presented.
ROLL VOTE: Ayes: Hood, Spataro, German, Turnquist, Markowski, and Gawron
Nays: None
MOTION PASSES (Requires Second Reading)
3
B. Special Event Request – Bassmasters Tournament Request to Sell Liquor.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Muskegon County Convention & Visitors Bureau
and the Muskegon Jaycees have filed a special event application for the 2013
Bassmasters Elite Series Toyota All Stars (fishing) Tournament to be held in
Muskegon September 26 – 29. In conjunction with the tournament, there will be
events taking place at Heritage Landing, including alcohol service.
The event applicants are requesting approval to sell liquor at the event and
offer limited free samples. Evan Williams is a main sponsor of the Bassmaster Elite
Series, and will have a tent on the grounds to promote their products. Part of
their promotion is to provide free samples of their whiskeys to patrons. The
Jaycees will provide volunteers to man this tent and control the sampling
process. The Evan Williams samples will be poured using ½ ounce measured
pourers, essentially giving one “shot” per sample. In order to keep track of how
many samples a patron has, their wristband will be punched or otherwise
marked, indicating to the volunteer servers that they are eligible for any
samples.
State law dictates that free samples of liquor can be provided under a special
event license, with the following requirements:
1. Sample size cannot exceed ½ ounce.
2. Patrons are allowed no more than two samples per day.
The Evan Williams booth would also like to offer mixed drinks for sale (liquor with
cola or some other mixer), with stoppers on the bottle measuring out 1-ounce or
1 ¼-ounce shots. They would like patrons to be able to roam the entire liquor-
controlled venue of Heritage Landing with the drinks, and not be restricted to
just the Evan Williams booth.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Markowski, second by Vice Mayor Spataro to approve
the special event request for Bassmasters Tournament to sell liquor.
ROLL VOTE: Ayes: Hood, Spataro, German, Turnquist, Markowski, and Gawron
Nays: None
MOTION PASSES
C. Agreements with Harris Hospitality for Pere Marquette Park. CITY
MANAGER
SUMMARY OF REQUEST: To approve a Development Agreement, Ground Lease
and Option Agreement with Harris Hospitality for the development of a portion
4
of Pere Marquette Park.
FINANCIAL IMPACT: $6,000 annual lease payments during initial term.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request and authorize the Mayor
and Clerk to execute the documents, subject to City staff approval of each and
every exhibit.
Motion by Vice Mayor Spataro, second by Commissioner German to adopt the
agreements as presented.
ROLL VOTE: Ayes: Spataro, German, Turnquist, Markowski, Gawron, and Hood
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
2013-63 CLOSED SESSION: City Manager Search.
Motion by Commissioner Hood, second by Vice Mayor Spataro to go into
Closed Session.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, and German
Nays: None
MOTION PASSES
Motion by Commissioner Hood, second by Vice Mayor Spataro to go into Open
Session.
ROLL VOTE: Ayes: Spataro, German, Turnquist, Markowski, Gawron, and Hood
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:42 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
5
City of Muskegon
Special Commission Meeting
July 30, 2013
City Commission Chambers
9:30 a.m.
MINUTES
2013-64
Present: Commissioners Gawron, Spataro, Hood, Wierengo, German, Turnquist, and
Markowski.
Absent: None.
Interview of Candidates for City Manager.
Consultant Andrea Battle-Sims, of Waters Consulting, met with City Commissioners to explain
the interview process for City Manager candidates and reviewed the questions to be asked.
Candidate interviews began at 10:30 a.m.
Ms. Battle-Sims began each interview by asking the candidate a list of questions. After, City
Commissioners were then given the opportunity to ask questions of each candidate. Candidates
were then given the opportunity to ask any questions of the City Commission.
Candidate Richard Houtteman – Currently serves as Deputy Administrator for the City of
Kentwood, MI since 2009. He also served as Business Development Specialist with Muskegon
Area First from 2006 to 2009 as well as Dalton Township Supervisor from 1999 to 2002 and
Assistant City Manager with the City of Coopersville from 2002 to 2006.
Mr. Houtteman is interested in joining the City of Muskegon and feels it is his “dream job” to
return to work in a community he is passionate about. He’s held increasingly more responsible
positions in the Muskegon/Greater Grand Rapids area and would like to use the skills attained to
build upon the success of the City of Muskegon.
Candidate Kathy Dillon – Currently serves at City Manager for the City of Union City, TN
since 2007. Ms. Dillon has also served as City Manager at the Cities of South Fulton, TN from
2003 to 2007, and Montrose from 1996 to 2002.
Ms. Dillon is seeking to return to the City of Muskegon where she can thrive professionally and
personally. She is originally from the City and wishes to return home. She has worked in
municipal management for over 20 years and sees this as her ultimate goal, where she can use
her talents in her hometown.
Candidate Frank Peterson – Currently serves as City Manager for Springfield, MI since 2007.
He also served as City Manager in Grant, MI from 2005 to 2007 and as Planner/Project Manager
in the City of Lafayette, IN from 2004 to 2005.
Mr. Peterson is seeking to join a larger City and use his skills gained in his roles in a full service
organization with a strong infrastructure and reputation. He has worked in municipal
management since graduating with his Masters in Public Administration and has moved up the
ranks fairly quickly during his career.
Candidate Natasha Henderson – Serves as City Manager for the City of Muskegon Heights
since 2008. She has also served as the Director of Quality Assurance and Public Relations from
2006 to 2008 and Assistant to the City Manager from 2001 to 2006.
Ms. Henderson has accomplished many objectives in her tenure as City Manager for Muskegon
Heights that includes leading the turnaround of the City’s budget. After five years in this role,
she is seeking to move to a larger municipality and is selectively seeking new opportunities. She
is interested in this opportunity as the chance to use her relations and experience developed as a
community partner and colleague to this more complex organization.
A special meeting will be conducted on July 31, 2013 to select a new City Manager.
Adjournment.
Motion by Commissioner Hood, seconded by Vice Mayor Spataro to adjourn at 4:43 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
City of Muskegon
Special City Commission Meeting
July 31, 2013
City Commission Chambers
5:30 PM
MINUTES
2013-65
Present: Commissioners Gawron, Spataro, Hood, German, Turnquist, Markowski, and
Wierengo.
Absent: None.
Appointment of City Manager.
Motion by Vice Mayor Spataro, seconded by Commissioner Wierengo to authorize the City
Attorney to negotiate a contract for City Manager with Mr. Franklin Peterson.
ROLL CALL VOTE:
Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and German.
Nays: None.
MOTION PASSES
Adjournment.
Motion by Commissioner Hood, seconded by Vice Mayor Spataro to adjourn at 5:45 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
City of Muskegon
Special City Commission Meeting
August 5, 2013
City Commission Chambers
5:30 PM
MINUTES
2013-66
Present: Commissioners Gawron, Spataro, Hood, German, Turnquist, and Markowski.
Absent: Commissioner Wierengo.
Approval of a City Manager Contract for Franklin Peterson.
Motion by Vice Mayor Spataro, seconded by Commissioner Hood to approve the City
Manager contract as presented.
ROLL CALL VOTE:
Ayes: Turnquist, Markowski, Gawron, Hood, and Spataro.
Nays: German
MOTION PASSES
Adjournment.
Motion by Commissioner Hood, seconded by Vice Mayor Spataro to adjourn at 6:15 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: August 13, 2013
SUBJECT: Concession Contract for Concession Building at Pere Marquette Park
SUMMARY OF REQUEST:
Staff is asking permission to enter into 1-year contractual agreement for 2014 with Morse and
Jinger Michael of Moji Inc. (DBA The Beach Cove) for operating a Concession called “The
Beach Cove” (formally called the “Island” Concession) at Pere Marquette Park.
FINANCIAL IMPACT:
Contract revenue for “The Island” concession was $2,118 for the 2009 operating season, $3,625
in 2010, $1,830 in 2011 and $1,296 in 2012. Concession revenue is normally 10% of gross
receipts. However, if approved by Commission staff would negotiate “in-kind’ services/donation
to Pere Marquette Park facilities or 10% commission of gross receipts.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize DPW Staff to enter into a 1-year Concession Agreement with Morse and Jinger
Michael of Moji Inc., for a Concession at the Concession (restroom/lifeguard) Building at Pere
Marquette Park for 2014.
COMMITTEE RECOMMENDATION:
Page 1 of 2
Linda Potter
From: Doug Sayles
Sent: Monday, August 05, 2013 3:24 PM
To: Ann Cummings
Cc: Irene Dempsey; Linda Potter
Subject: FW: Concession Proposal
Attachments: Logo.pdf
From: Morse Michael [mailto:morselmichael@gmail.com]
Sent: Tuesday, July 30, 2013 4:46 PM
To: Doug Sayles
Cc: Kenneth Huston II
Subject: Concession Proposal
Hi Doug,
My wife and I currently own The Frosty Cove located on Lakeshore Dr. This is our third successful
season. We currently offer an array of menu items such as Hard Scoop Ice Cream, Soft Serve Flavors,
Flurries, Slushies, Sundaes, Popsicles, etc as well as hot dogs and nachos. We do operate seasonally
generally from April – Sept, however could be earlier or later depending on weather conditions. For
example. Last year we(The Frosty Cove) opened March 15th because we had the 80 degree 2 week
span. This year we opened April 5th.
We would operate seasonally at The Beach Cove as well meaning, we “could be” operational but not
open due to thunderstorms or weather related issues that would keep the community off the beach
between April and Sept. We would like to continue the same operational style at the Concession Space
located at Pere Marquette, which is currently occupied by Ken Huston under the DBA The Island. We
would change the name to The Beach Cove to keep with our “Cove” theme, but would offer much of the
same items offered currently at The Island. This would be Hard Serve Ice Cream Flavors, Popsicles,
Nachos, Hot Dogs, Beach Rentals. We would also offer Beach Supplies such as sun screen, suntan
lotion, sun glasses, etc. The year-round Insurance Policy adding the City as additionally insured is not a
problem. I Spoke with my Insurance Rep and he said he would just need the street address to add the
city to the policy.
Some of our long term goals would include making The Beach Cove a big part of the community by
supporting events like Movies at the Beach and things of that nature. Selling merchandise such as
Personalized "The Beach Cove" Frisbees, Towels, T-Shirts with The Beach Cove name and logo and
also listing Pere Marquette Beach and Muskegon Mi on the items for tourist to take back home as a keep
sake. We would like eventually expand the menu by adding more popsicles to allow kids more choices
and also soft serve. The addition of soft serve would allow more menu items such as flurries, shakes,
sundaes etc, that are not currently available. The idea is more menu items would equate to more revenue
for the city and for The Beach Cove.
Those items are all long-term goals we would like to do, however, when we close the deal after the 2013
season (maybe Oct-Nov 2013) we would like to just make small cosmetic changes during the winter
months like the name/logo change, possibly painting and rearranging the inside of the space to better
organize inventory and storage. We, of course, would work closely with you to make sure we continue
to operate within guidelines you set for us. We would want to make the cosmetic changes mentioned
8/8/2013
Page 2 of 2
above over the winter months to prepare to hit the ground running for April 2014.
I have attached our logo deisgn(s) as well as the purchase agreement Ken and I have verbally agreed
too. It is short and sweet. If there is anything you would like to add, take away or expand on let me
know. I will make the changes accordingly before Ken and I formally sign it.
Please let me know if you need anything further from me.
Thank you for your time and consideration.
Morse & Jinger Michael
231-955-7130 cell
231-747-6208 fax
8/8/2013
Pere Marquette Beach
Date: August 13, 2013
To: Honorable Mayor and City Commissioners
From: DPW
RE: Letter of Support to WMSRDC’s Great Lakes
Fisheries Trust grant application
SUMMARY OF REQUEST:
Support the West Michigan Shoreline Regional Development’s efforts to secure
Fisheries grant to construct approximately 800’ of bike trail, fishing stations and
possibly a picnic shelter (depending the dollars available) on the Hartshorne
peninsula’s pier and authorize the Mayor to sign the attached letter of support.
FINANCIAL IMPACT:
None to the City, however, the application is expected to request around $200,000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Endorse WMSRDC’s efforts and Authorize the mayor to sign the attached letter of
support.
COMMITTEE RECOMMENDATION:
Affirmative Action
(231) 724-6703
FAX (231) 722-1214
Cemetery
(231) 724-6783
FAX (231) 726-5617
City Manager
(231) 724-6724
FAX (231) 722-1214
Civil Service
August 6, 2013
(231) 724-6716
FAX (231) 724-4405
Sandeep Dey, Executive Director
West Michigan Shoreline Regional Development Commission
Clerk
316 Morris Avenue, Suite 340
(231) 724-6705
P.O. Box 387
FAX (231) 724-4178
Muskegon, MI 49443-0387
Comm. & Neigh.
Dear Mr. Dey:
Services
(231) 724-6717
The City of Muskegon is writing this letter of support and commitment for the West Michigan Shoreline Regional
FAX (231) 726-2501
Development Commission (WMSRDC) Great Lakes Fisheries Trust (GLFT) grant proposal to develop shore-
based, universal public access to the Great Lakes Fishery on Muskegon Lake.
Engineering
(231) 724-6707
The GLFT "Peninsula Pier" is proposed for construction on an undeveloped portion of the City of Muskegon's
FAX (231) 727-6904
Hartshorn Municipal Marina. WMSRDC and the City of Muskegon recently completed a fish and wildlife habitat
restoration project at the site, with the intention of including future shore fishing access features to create universal
Finance
access that is protective of the restored natural resource. The Michigan DNR Fisheries Division fully supports this
(231) 724-6713
proposed project.
FAX (231) 724-6768
The proposed "Peninsula Pier" can be accessed from the parking lot at Hartshorn Marina and on foot or by bicycle
Fire Department
via the Lakeshore Trail, part of a regional non-motorized trail system, located along the Muskegon Lake shoreline,
(231) 724-6792
between Lake Michigan and the Muskegon River. Peninsula Pier is also nearby the existing restroom facilities,
FAX (231) 724-6985
maintained by the City of Muskegon at the Hartshorn Marina public boat launch ramp.
Income Tax
The City of Muskegon's shoreline master plan and recreation plan calls for improved and expanded public access
(231) 724-6770
for shore fishing on Muskegon Lake. Peninsula Pier will be maintained according to the City's normal
FAX (231) 724-6768
maintenance operations for its public outdoor recreation facilities. As part of the project, the City of Muskegon
Info. Technology will work closely with WMSRDC to review and approve final engineering plans and state and federal permit
(231) 724-4126 applications., and provide WMSRDC and the project engineer with construction oversight as needed. We will
FAX (231) 722-4301 provide information and communications about the project to City of Muskegon residents and the general public.
The City of Muskegon will also participate in project-related public education events and feature a news article
Inspection Services about the project in the City's newsletter and its web-site at www.shorelinecity.com.
(231) 724-6715
FAX (231) 728-4371 Thank you for your consideration of this important project.
Mayor’s Office Sincerely,
(231) 724-6701
Planning/Zoning
Mr. Stephen Gawron
(231) 724-6702
Mayor
Police Department
CC: Mohammed Al-Shatel, Engineering
(231) 724-6750
Cathy Brubaker Clarke, Plannining
FAX (231) 722-5140
Kevin Santos, Hartshorne Marina
Public Works
(231) 724-4100
Treasurer
(231) 724-6720
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
FAX (231) 724-6768
http://www.shorelinecity.com
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\letter of support to WMSRDC.doc
8/14/2012 12:25:58 PM SCOTTG P:\PAECIVILTEMP\ghs\wmsrdc fishing pier\layout.dgn
MUSKEGON LAKE
PICNIC TABLES & GRILLS
24’ X 24’ PICNIC SHELTER
(1 0F 3)
(1 OF 3)
6’ LONG BENCH
10’ x 60’ FISHING STATION
12’ WIDE BITUMINOUS PATH
N
MUSKEGON LAKE
EXISTING SHORELINE RIP-RAP
1"=100’
EXISTING 12’ WIDE BITUMINOUS PATH
0
100’
SITE DEVELOPMENT PLAN
FILE NO M0005303 DRAWN BY
8/14/12
DATE JC/ENG BY
NEW RECREATIONAL FACILITIES
CHECKED BY
PROJECT LDR MJO
1811 4 Mile Rd N.E., Grand Rapids, MI 49525
WEST MICHIGAN REGIONAL THIS DOCUMENT HAS BEEN PREPARED
BY PROGRESSIVE AE AS AN INSTRUMENT
616 361 2664 OFFICE 616 361 1493 FAX
OF SERVICE, AND PROGRESSIVE AE SHALL
DEVELOPMENT COMMISSION
RETAIN ALL COMMON LAW, STATUTORY www.progressiveae.com
AND OTHER RESERVED RIGHTS, INCLUDING
THE COPYRIGHT THERETO.
MUSKEGON, MICHIGAN
1811 4 Mile Rd N.E., Grand Rapids, MI 49525
616 361 1493 FAX
www.progressiveae.com
616 361 2664 OFFICE
BENCH (18"X48")
(TYP)
THIS DOCUMENT HAS BEEN PREPARED
MJO
OF SERVICE, AND PROGRESSIVE AE SHALL
RETAIN ALL COMMON LAW, STATUTORY
BY PROGRESSIVE AE AS AN INSTRUMENT
AND OTHER RESERVED RIGHTS, INCLUDING
BAIT AND TACKLE
TABLE (24"X24")
THE COPYRIGHT THERETO.
FISHING PIER
WOOD/RECYCLED
PLASTIC COMPOSITE
DECKING (TYPICAL)
PROJECT LDR
CHECKED BY
JC/ENG BY
DRAWN BY
FISH
ACCESS BOARDWALK CONCRETE HEADWALL
GALVANIZED STEEL SUPPORT
RETRIEVAL
WOOD/RECYCLED POST UNDER DECK
STATION
PLASTIC COMPOSITE
(TYPICAL)
DECKING (TYPICAL) NAUTICAL WOOD BOLLARD
GALVANIZED STEEL RAILING
42" HT. RAIL (TYP)
DEVELOPMENT COMMISSION
CONCRETE APRON
WEST MICHIGAN REGIONAL
34" HT. HANDICAP
ACCESSIBLE FISHING
RAIL (TYPICAL 3 SIDES
OF FISHING PIER)
BITUMINOUS
8’
WALK WAY
60’
NEW RECREATIONAL FACILITIES
MUSKEGON, MICHIGAN
VARIES
N
ENLARGED FISHING DECK PLAN
SCALE 1/2" = 1’-0"
BENCH (18"X48")
(TYP)
$FILE$
BAIT AND TACKLE
TABLE (24"X24")
$PAEUSER$
%PLOTTER DATE TIME USERNAME FILE%
10’
$TIME$
M0005303
$DATE$
FILE NO
DATE
Commission Meeting Date: August 13, 2013
Date: July 30, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Farmers’ Market DMDC Relocation Site- Purchase
Agreement between the City of Muskegon (City)
and Downtown Muskegon Development
Corporation (DMDC)
SUMMARY OF REQUEST: The DMDC is developing a portion of their
property downtown for the relocated City Farmers’ Market. When the
property has been developed, the DMDC will transfer the land and
improvements to the City for $1. The attached Purchase Agreement
outlines the terms for this transfer, which is expected to occur in the
Spring of 2014.
FINANCIAL IMPACT: The City will be paying $1 for the land and
improvements. The City will continue to manage the Farmers’ Market,
as well as the new entities, such as the community kitchen. The City will
collect the revenues and pay for any future expenditures.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Purchase Agreement
between the City and DMDC and authorize the Mayor and Clerk to sign
all necessary documents, including closing documents at the time of
sale.
PURCHASE AGREEMENT
This Agreement is made on ________________________, 2013 between the City
of Muskegon, a Michigan municipal corporation, with offices located at 933 Terrace
Street, Muskegon Michigan, 49440 (“City”) and the Downtown Muskegon Development
Corporation, a Michigannon-profit corporation, with offices located at 425 W. Western,
Muskegon, Michigan, 49442 (“DMDC”), with reference to the following facts:
A. DMDC is the owner of certain land on which the former Muskegon Mall,
and before that, the core of Muskegon’s downtown, was located. The
DMDC established a street grid, divided the land into units in two separate
site condominiums, and defined development design standards, all toward a
vision of rebuilding a dense, vibrant, walkable and beautiful downtown;
B. The City owns and manages a very successful FarmersMarket on Yuba
Street (“Farmers Market”). However, changes in surrounding road patterns
have made the facility more difficult to access. Also, the facility is old and
limited in the features it has to serve its vendors and the public.
C. DMDC desires to locate the Farmers Market on its property, recognizing
the beneficial impact of farmersmarkets that are located in downtowns in
terms of residential and retail development. DMDC is willing to raise the
necessary funds to build a state-of-the-art Farmers Market and the City is
willing to accept ownership and the responsibility for continuing the
operation of the Farmers Market on the new site.
NOW, THERFORE, in consideration of the mutual covenants, benefits, obligations
and undertakings as are hereinafter set forth, and intending to be legally bound hereby,
the parties agree as follows:
1. Purchase and Sale of Premises. DMDC shall sell and City shall purchase on the
conditions set forth in this Agreement the premises, and all improvements thereon,
with all beneficial easements, legally described in Exhibit A (“Premises”) subject to
the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are reasonably acceptable to City upon disclosure
and review of the same, and further subject to the restrictive covenants described in
Paragraph 3 below.
2. Purchase Price and Manner of Payment. City and DMDC agree that the purchase
price of the Premisesis $1 and shall be satisfied at closing.
3. Warranty Deed;Deed Restrictions. At the Closing, DMDC shall deliver to
Cityan executed warranty deed conveying good and marketable title to the Premises
free of any mortgages, liens, encumbrances and restrictions, except for the title
exceptions stated in the Title Commitment to which the City does not object and
provided that the deed shall be subject to the following restrictions:
(a) The Premises shall be used at least three days a week, one of them being
Saturday, during the period from May 1 to October 31 each year, primarily as a
farmers market for the sale by farmers to the public of Michigan grown
vegetables, fruit, flowers and other plants. No use permitted on the Premises on
any other day or at any other time shall interfere with the use of the Premises as a
farmers market. It is understood the aforementioned schedule is stated as a
minimum and that there is no restriction against the use of the Premises as a
farmers market more days in a week, or more months in a year.
(b) The Farmers Market shall be managed solely by the City of Muskegon, unless
otherwise consented to in writing by DMDC, whose consent shall not be
unreasonably withheld.
(c) No buildings, structures or other improvements present on the Premises at time of
closing shall be demolished, removed or replaced, unless promptly replaced with
buildings, structures or improvements which are equal to or larger in size,
substantially similar in design and appearance, and constructed with materials of
equal or better quality and durability to the buildings, structures or improvements
being demolished, removed or replaced.
(d) In the event of the sale, conveyance, transfer or other disposition of the Premises,
or in the event of the breach or violation of any of the foregoing restrictions,
DMDC shall have the immediate and continuing option to purchase the Premises
from City or any successor in interest to the Premises for the purchase price of
One Dollar ($1).
(e) City will not operate any other farmers market anywhere in the County of
Muskegon, unless otherwise consented to in writing by DMDC.
The foregoing restrictions shall be a covenant running with the land as a burden on the Premises,
and are imposed and granted hereunder are solely for the benefit of DMDC and its successors
and assigns, and, upon dissolution of the DMDC, the Community Foundation for Muskegon
County shall have the right to invoke, amend, and/or enforce the restrictions contained herein,
including the option to purchase the Premises, by any and all means available at law or in equity.
4.Title Insurance. City shall order an owner’s policy of title insurance issued by a
mutually agreeable title company in the standard A.L.T.A. form, without the standard
exceptions, certified to the date of closing, in the amount of the value of the Premises
that shows that DMDC has good and marketable title. City may raise any objections
to the exceptions or encumbrances shown on the commitment within 20 days after
City receives the commitment by giving written notice to DMDC. If City raises title
objection, City shall not be required to close this transaction unless DMDC cures the
objection or City waives its objection. If DMDC elects to cure the objection, DMDC
shall take action to remove the exception or encumbrance from the chain of title, in
order to remove it from the commitment and the policy. The title insurance policy
shall include a tax lien search certified to the date of closing that shows no tax liens
against the Premises.
5. Property Taxes, Assessments and Condo Fees.At closing DMDC shall be
responsible for the payment of anyreal estate taxes, assessments, and condominium
fees against the Premises billed prior to Closing, City shall be responsible for
payment of any condominium dues, assessments and fees required of owners of units
in the condominium association of which the Premises or any portion thereof is a part
billed after Closing.
6. Survey. DMDC shall provide City with copies of any surveys DMDC has of the
Premises. City may obtain a survey of the Premises at City’s expense, and City or
City’s surveyor or other agents may enter the Premises for that purpose prior to
closing. 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, DMDC shall have the option of effecting a remedy within 30 days after
disclosure, or terminating this Agreement. City may elect to purchase the Premises
subject to said encroachment or variation.
7. Inspection Period. Commencing on the date of this Agreement, City, and City’s
agents, employees, contractors and consultants may, prior to the Date of Closing,
conduct such inspections, investigations, appraisals, tests, feasibility studies, and
determinations of the Premisesat its own expense as City, in its sole discretion, shall
desire in order to determine that the condition of the Premises is acceptable and that
the Premises is suitable for City’s intended uses (“Due Diligence Investigation”). All
tests related to the Due Diligence Investigation shall be completed within a
reasonable time, not to exceed 90 days (“Inspection Period”) after execution of this
Agreement by both parties.If the Due Diligence Investigation shows any condition
which City reasonably believes renders the Premises defective, then City shall
promptly give written notice of such defects to DMDC. DMDC shall have the option
of effecting a remedyof the defects within 30 days after City’s delivery of the notice
or terminating this Agreement. City may elect to purchase the Premises subject to
such defects.
DMDC shall provide any environmental reports in their possession to the City. The
City may conduct its own Phase I, Phase II and BEA if it deems it necessary. Before
or after date of closing, City may petition the Michigan Department of Environmental
Quality (MDEQ) for a baseline environmental assessment adequacy determination.
8. Representations, Covenants and Warranties of DMDC. DMDC represents,
covenants and warrants the following to be true:
a. Authority. DMDC has the power and authority to enter into and perform its
obligations under this Agreement.
b. Title to Purchased Assets. DMDC has good and marketable title to the
Premises, except as set forth in this Agreement. The Premises are subject to
no mortgage, pledge, lien, encumbrances, security interest, or charge except as
will be set forth on the title insurance commitment.
9. Representations, Covenants and Warranties of City. City represents, covenants,
and warrants the following to be true:
a. Status of City. City is validly existing and in good standing under the laws of
the State of Michigan.
b. Authority. City has the power and authority to enter into and perform City’s
obligation under this Agreement.
c. Agreement to Move Yuba St. Farmers Market.If closing on the purchase of
the Premises takes place on or after March 1, 2014, City agrees to cease all
Farmers’ Market activities and operations at the Yuba St. location and move
them to the Premises by May 1, 2015. If closing on the purchase of the
Premises takes place before March 1, 2014, City agrees to cease all Farmers
Market activities and operations at the Yuba St. location and move them to the
Premises by May 1, 2014. It is understood this Agreement makes no
restrictions or obligations regarding flea market activities at the Yuba St. site.
City’s obligations under this subparagraph are contingent upon DMDC having
completed the improvements to the Premises in accordance with the site plans
submitted to and approved by City.
d.Post Office Claim.The parties acknowledge there has been regular use of the
Premises as parking by Post Office employees and that the current Post
Master has suggested the City has an obligation to continue to provide parking
to the Post Office on the Premises. City agrees it will not give exclusive
parking rights to the Post Office, or any other party, on the Premises, it being
understood that the parking on the Premises is to remain available for the
general public and the vendors using the Farmers Market.
10. Conditions Precedent. This Agreement and all of the obligations of City under this
Agreement are, at City’s option, subject to the fulfillment, before or at the time of the
Closing, of each of the following conditions:
a. Representations and Warranties True at the Closing. The representations,
covenants, and warranties of the DMDC contained in this Agreement shall be
true in all material respect at the time of the Closing.
b. Performance. The obligations, agreements, documents and conditions
required to be signed and performed by DMDC shall have performed and
complied with the same before or at the date of Closing.
c. Due Diligence Investigation. City has not terminated this Agreement
according to the provisions of paragraph 6.
d. Completion of Construction.Prior to closing, DMDC shall complete the
improvements to the Premises at its expense in accordance with the site plans
submitted to and approved by City.
11. Default.
a. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement and such default is
not cured within 10 days after receipt of notice (other than City’s failure to
tender the purchase price in full at Closing, a default for which no notice is
required), then DMDC may terminate this Agreement, in which event both
parties will be released from any further liability under this Agreement, or
DMDC may pursue its legal and/or equitable remedies against City.
b. By DMDC. In the event DMDC fails to comply with any or all of the
obligations, covenants, warranties or agreements under this Agreement, and
such default is not cured within 10 days after receipt of notice, then City may
either terminate this Agreement, in which event both parties will be released
from any further liability under this Agreement, or City may pursue its legal
and/or equitable remedies against DMDC.
12. Real Estate Commission. City and DMDC both acknowledge and agree that neither
has dealt with any real estate agents, brokers or salespersons regarding this sale, and
that no agent, brokers or salesperson or other party is entitled to a real estate
commission upon the closing of this sale. City and DMDC 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.
13. Closing.
a. Date of Closing. Unless the parties otherwise mutually agree, the closing
shall be held at such time as the Farmers’ Market construction is completed on
the Premises. The closing shall be held at Transnation Title Company.
b. Costs. The costs associated with this Agreement and the closing shall be paid
as follows:
i. DMDC shall paythe premium for the owner’s policy of title
insurance.
ii. DMDC shall be responsible to pay the fee forthe recording of any
instrument that must be recorded to clear title to the extent required by
this Agreement.
iii. City shall pay for the cost of recording the warranty deed.
iv. DMDC shall pay the cost of closing.
v. City shall pay the cost for revenue stamps.
c. Deliveries. At closing, DMDC shall deliver at its sole cost and expense the
following documents in a form reasonably satisfactory to City:
i. The executedwarranty deed to the Premises.
ii. Such other documents as may be reasonably required by City or
the title company to effectuate the transaction contemplated by this
Agreement.
14. Possession. Possession of the Premises is to be delivered to City by DMDC at
Closing. No property restrictions or requirements that are not already included in this
Agreement will be passed on to the City with the property.
15. Risk of Loss. Until the time of closing, risk of loss because of the damage to or
destruction of any improvements located on the Premises shall be solely that of
DMDC, except to the extent that City caused the damage or destruction. Excluding
damage caused by City, in the event the improvements located on the Premises are
damaged prior to the date of closing, and are not repaired by DMDC prior to closing,
City may elect to continue this Agreement in which even DMDC shall assign to City
any insurance proceeds to be received by DMDC because of said damage or other
destruction.
16. Notice. All notices and other deliveries required under this Agreement shall be made
and given to the appropriate party, or the office of the party, at the address set forth
above or at such other address as may hereafter be specified by such parties by
written notice from time to time. Notices shall be effective on the date of receipt, if
given by hand, express delivery or recognized courier service. Notices given by
certified mail shall be deemed effective three business days after the date of deposit in
an authorized postal facility, as shown by its receipt for certified mail. Either party
may designate a telephone number to be used for fax notices to such party, in which
event any notice transmitted to such number shall be effective on the date shown in
the printed confirmation of such transmission, free of error, generated by the sender’s
machine.
17. Miscellaneous.
a. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the
State of Michigan.
b. Entire Agreement. This Agreement shall constitute the entire agreement,
and shall supersede any other agreements, written or oral, that may have been
made or entered into, by and between the parties with respect to the subject
matter of this Agreement and shall not be modified or amended except in a
subsequent writing signed by the party against whom enforcement is sought.
c. Binding Effect. This Agreement shall be binding upon, and inure to the
benefit of and be enforceable by, the parties and their respective legal
representatives, permitted successors and assigns.
d. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original as against any party
whose signature appears thereon, and all of which together shall constitute one
and the same instrument. This Agreement shall become binding upon the
parties when one or more counterparts, individually or taken together, shall
bear the signatures of all parties.
e. Non-Waiver. No waiver by a party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
f. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions of this
Agreement shall not in any way be impaired or affected.
g. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, City shall not assign all or any portion of their rights and
obligations contained in this Agreement without the express prior written
approval of DMDC, which approval may be withheld in DMDC’s sole
discretion.
h. Venue. The parties agree that for purposes of any dispute in connection with
this Agreement, the Muskegon County Circuit Court shall have exclusive
personal and subject matter jurisdiction and venue.
i. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any
instrument provided for in this Agreement shall survive the closing date and
continue in full force and effect after the consummation of this purchase and
sale and continue until all liabilities of City have been fully satisfied.
This Agreement is executed effective as of the date set forth above.
DMDC- Downtown Muskegon City- City of Muskegon
Development Corporation
By: _____________________________ By:______________________
Name: Charles E. Johnson II Name: Stephen J. Gawron
Title: President Title: Mayor
Attest: Attest:
_______________________________ ______________________________
Name: Name: Ann Marie Cummings
Title: Title: Clerk
Exhibit A
Legal Description
Unit 6, 7, 8 and 9 Downtown Muskegon Development Center No. 2,a site
condominium, according to the Master Deed recorded June 9, 2006, in Liber
3703, Page 106, as amended, in the office of the Muskegon County Register of
Deeds, and designated as Muskegon County Condominium Subdivision Plan No.
162, together with rights in general common elements and limited common
elements as set forth in said Master Deed, and amendments thereto, and as
described in Act 59 of the Public Acts of 1978, as amended.
k:\downtown\farmers market\sale of lots to city\9195178_2 farmers_ market purchase agreement draft#4 (2).docx
Date: May 23, 2013
To: Honorable Mayor and City Commissioners
From: Public Safety Director, Jeffrey A. Lewis
RE: Fireworks Ordinance Amendment
SUMMARY OF REQUEST:
It is requested the City Commission approve the attached Ordinance Amendment which
provides for the regulation of the ignition, discharge and use of consumer fireworks, as
allowed under the Michigan Fireworks Safety Act.
The ordinance specifically limits the days and hours Consumer fireworks may be ignited,
discharged or used in the City. The ordinance prohibits the use of fireworks while under
the influence of alcohol or drugs. The Public Safety Office wants to ensure no person
shall recklessly endanger the life, health, safety, or well-being of any person by the
ignition, discharge, or use of consumer fireworks.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the Ordinance as presented.
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 54, Offenses and Miscellaneous Provisions, Code of Ordinances of the City of
Muskegon is amended to include the following new Article VIII concerning fireworks.
Article VIII. Fireworks.
Sec. 54-301. Purpose of article.
The purpose of this article is to provide for the regulation of the ignition, discharge and use of
consumer fireworks, as allowed under the Michigan Fireworks Safety Act, MCL § 28.451
et.seq., as amended.
Sec. 54-302. Definitions.
“Act 256” means the Michigan Fireworks Safety Act, Act 256 of the Public Acts of Michigan of
2011, being MCL § 28.451, et. seq., as amended.
“Consumer fireworks” means that term as defined in Act 256.
“Firework” or “fireworks” means that term as defined in Act 256.
Sec. 54-303. Use of consumer fireworks prohibited.
Consumer fireworks may be ignited, discharged or used in the City only on the day proceeding,
the day of, or the day after a national holiday, except for between the hours of 1a.m. and 8 a.m.
when prohibited, as provided for in Act 256. No person shall ignite, discharge or use consumer
fireworks in the City on any other day of the year at any time.
Sec. 54-304.Safety.
No person shall recklessly endanger the life, health, safety, or well-being of any person by the
ignition, discharge, or use of consumer fireworks.
Sec. 54-305. Use of alcohol or controlled substances and fireworks prohibited.
No person shall discharge, ignite or use fireworks while under the influence of alcoholic liquor, a
controlled substance, or a combination of alcoholic liquor and a controlled substance, consistent
with Act 256.
Sec. 54-306. Penalty.
Any person violating the provisions of this Chapter shall be responsible for a civil infraction and
fined up to $500.00.
This ordinance adopted:
Ayes: __________________________________________________________
Nays: __________________________________________________________
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By: ______________________________
Ann Cummings, MMC, Its Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the day of , 2013, at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: , 2013
_______________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2013, the City Commission of the City
of Muskegon adopted an amendment to Chapter 54, Offenses and Miscellaneous Provisions,
whereby Article VIII was added.
1. Section 54-301 indicates the purpose of the ordinance is to regulate the ignition,
discharge and use of consumer fireworks.
2. Section 54-302 provides definitions of terms used within the ordinance, all of which are
consistent with definitions within the Michigan Fireworks Safety Act, Act 256 of the
Public Acts of Michigan of 2011, being MCL § 28.451, et. seq., as amended.
3. Section 54-303 indicates that consumer fireworks may be ignited, discharged or used in
the City only on the day proceeding, the day of, or the day after a national holiday, except
for between the hours of 1a.m. and 8 a.m. when prohibited, and that no person shall
ignite, discharge or use consumer fireworks in the City on any other day of the year at
any time.
4. Section 54-304 indicates that no person shall recklessly endanger the life, health, safety,
or well-being of any person by the ignition, discharge, or use of consumer fireworks.
5. Section 54-305 indicates that no person shall discharge, ignite or use fireworks while
under the influence of alcoholic liquor, a controlled substance, or a combination of
alcoholic liquor and a controlled substance.
6. Section 54-306 indicates that any person violating the provisions of this Chapter shall be
responsible for a civil infraction and fined up to $500.00.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2013 By: ______________________________
Ann Cummings, MMC, Its Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
Date: August 13, 2013
To: Honorable Mayor and City Commissioners
From: DPW
RE: Presentation of Veterans' Memorial Park
SUMMARY OF REQUEST:
Allow staff and the engineer to make a required public presentation on the proposed
improvements to the Veteran’s Park. The City of Muskegon, in cooperation with
MDOT, the City of North Muskegon, Muskegon County, the Lions of Michigan, and
local veterans groups, is undertaking the design and construction of improvements to
the Veterans' Memorial Causeway Park to improve barrier-free accessibility. Since
the project is within a publicly owned park, public informational meetings are required
by MDOT to be held to allow for public comment.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Allow the presentation and greet any and all comments offered by the public at the
meeting.
COMMITTEE RECOMMENDATION:
Date: August 13, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Designation of Voting Delegates for the Michigan
Municipal League Annual Business Meeting
SUMMARY OF REQUEST: To designate by action of the Commission,
one of our officials who will be in attendance at the Convention as an
official representative to cast the vote of the municipality at the annual
meeting; and, if possible, to designate one other official to serve as
alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
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