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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 8, 2008
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. SECOND READING: Vacant Building Ordinance. CITY MANAGER
C. Amendment to the Zoning Ordinance - Remove Reference to Section
2308. PLANNING & ECONOMIC DEVELOPMENT
D. Service Agreement with Professional Med Team Inc. POLICE
E. Gaming License - Muskegon Film Festival. CITY CLERK
• PUBLIC HEARINGS:
A. Amendments to Brownfield Plan - Heritage Square Development. LLC.
PLANNING & ECONOMIC DEVELOPMENT
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
A. Cable Resolution. CITY MANAGER
B. Renaissance Zone Extension for Heritage Square Development.
PLANNING & ECONOMIC DEVELOPMENT
• 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.)
• 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 BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
Date: January 8, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
rd
SUMMARY OF REQUEST: To approve minutes for the December 3
Commission Worksession, and the December 11 th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 8, 2008
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, January 8,
2008.
Mayor Warmington opened the meeting with a prayer from Reverend Dennis
Remenschneider from St. Paul's Episcopal Church after which the Commission
and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierenga, Steve Wisneski, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Clara Shepherd (arrived at 5:45 p.m.)
2008-03 INTRODUCTIONS/PRESENTATION:
Mayor Warmington introduced Helen Wilcox, the new Customer Service
Rep. I in the City Clerk's Office.
2008-04 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the December 3rd Commission
Worksession, and the December l l th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Vacant Building Ordinance. CITY MANAGER
SUMMARY OF REQUEST: To approve an ordinance to require the registration of
vacant buildings and require annual registration fees.
FINANCIAL IMPACT: Unknown at this time what revenues and expenses will be
generated from this ordinance.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance.
C. Amendment to the Zoning Ordinance - Remove Reference to Section
2308. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1301 # 14, of Article XIII (B-4,
General Business Districts), Section 1400, # 13, of Article XIV, (1-1, Light Industrial
Districts), and Section 1500, #9, (1-2, General Industrial Districts), of Article XV, to
remove the reference to Section 2308, ( l) (f).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to Section 2308, ( l) (f).
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their December 13, 2007 meeting. The vote was
unanimous with J. Aslakson and B. Smith absent.
(Requires Second Reading]
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read minus items D and E.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and
Gawron
Nays: None
MOTION PASSES
2008-05 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. Service Agreement with Professional Med Team Inc. POLICE
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a service agreement with Professional Med Team (Pro-Med) to
provide a paramedic for the purpose of performing a blood draw, when
needed, of suspected intoxicated drivers. The paramedic will be dispatched
directly to the jail to perform the draw. This service will be utilized by all law
enforcement agencies within Muskegon County.
FINANCIAL IMPACT: The cost to the department will be $75 per blood draw.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the service agreement with Professional Med Team Inc.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Spataro, and
Warmington
Nays: None
MOTION PASSES
E. Gaming License - Muskegon Film Festival. CITY CLERK
SUMMARY OF REQUEST: Muskegon Film Festival is requesting a resolution
recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a Gaming License. They have been recognized as a
501 (c) (3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the gaming license request for Muskegon Film Festival.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and
Gawron
Nays: None
MOTION PASSES
2008-06 PUBLIC HEARINGS:
A. Amendments to Brownfield Plan - Heritage Square Development, LLC.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Heritage Square
Development, LLC in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
a commercial project will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for January 8, 2008 at their November 27, 2007 meeting. Since that
time, a notice of the public hearing has been sent to taxing jurisdictions, and it
has been published twice in the Muskegon Chronicle. In addition, the
Brownfield Redevelopment Authority approved the Plan amendment on
November 14, 2007 and further recommends that the Muskegon City
Commission approve the Plan amendment.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to close the
Public Hearing and approve the amendments to the Brownfield Plan for the
inclusion of property owned by Heritage Square Development, LLC.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
2008-07 NEW BUSINESS:
A. Cable Resolution. CITY MANAGER
SUMMARY OF REQUEST: This is a request to adopt the resolution requiring
Comcast Cablevision to preserve the existing channel locations for public,
educational and governmental access channels (PEG) and to agree not to
change channels without written consent of the City. It is also a request to
require new providers of cable and video services to furnish public, educational
and governmental access channel lineups and are consistent with existing
providers.
Motion by Commissioner Carter, second by Commissioner Wierengo to adopt
the cable resolution.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, Wierengo, and
Wisneski
Nays: None
MOTION PASSES
Commissioner Shepherd arrived (5:45 p.m.).
B. Renaissance Zone Extension for Heritage Square Development.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Development Agreement and
Resolution extending the duration of Renaissance Zone designation for the
properties owned by Heritage Square Development, LLC.
FINANCIAL IMPACT: The City will forego approximately $6,300 per year for a
total of $50, 133 in taxes for the additional eight years of Renaissance Zone
designation.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development Agreement and the
Resolution extending the Renaissance Zone designation.
COMMITTEE RECOMMENDATION: At its last meeting, the Brownfield
Redevelopment Authority passed a motion to support a Renaissance Zone
extension for Heritage Square Development, LLC.
Motion by Commissioner Spataro, second by Commissioner Wisneski to approve
the development agreement and resolution extending the Renaissance Zone
designation for Heritage Square Development, LLC.
ROLL VOTE: Ayes: Gawron, Spataro, Wierengo, and Wisneski
Nays: Shepherd, Warmington, and Carter
MOTION PASSES
2008-08 ANY OTHER BUSINESS:
A. Commission was asked to check their calendars and let the
Administration Office know if February 8th is a good date for the Goal
Setting Session.
2008-09 PUBLIC PARTICIPATION:
A. Ann Bradsberg from Digital Spectrum Enterprise announced that the
Commission Meetings will be aired on Channel 915.
B. Request to waive the Special Event Fee.
Motion by Commissioner Carter, second by Commissioner Shepherd to waive
the Special Event fee for the January 14, 2008, Dr. Martin Luther King March.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:30 p.m.
Respectfully submitted,
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Ann Marie Becker, MMC
City Clerk
AGENDA ITEM NO. _ _ _ _ __
CITY COMMISSION MEETING
TO: Honorable Mayor and City Commissioners
FROM:Bryon L. Mazade, City Manager
October 1, 2007
Vacant Building Ordinance
SUMMARY OF REQUEST:
To approve an ordinance to require the registration of vacant buildings and require annual
registration fees.
FINANCIAL IMPACT:
Unknown at this time what revenues and expenses will be generated from this ordinance.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION
To approve the attached ordinance.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\VACANT BUILDING ORDINANCE 100107
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 240
An Ordinance adopting Chapter 10, Section 107 of the Code of Ordinances
concerning annual registration of vacant buildings and registration fees.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 10, Section 107 of the Code of Ordinances shall be adopted to read as follows:
SECTION 10-107. ANNUAL REGISTRATION OFVACANTBUILDINGS AND
REGISTRATION FEES
I 0-107. Annual registration of vacant buildings and registration fees.
(a) Purpose. The purpose of this section requiring the registration of all vacant
buildings, including dwellings that are subject to chapter 10 as referenced below, and the
payment of registration fees is to assist the city government, particularly the Department
· of Public Safety (DPS) and Planning Departments in protecting the public health, safety
and welfare, to monitor the number of vacant buildings in the city, to assess the effects of
the condition of those buildings on nearby businesses and the neighborhoods in which
they are located, particularly in light of fire safety hazards and unlawful, temporary
occupancy by transients, including illicit drug users and traffickers, and to require of the
owners of such vacant buildings their registration and the payment of related fees, and to
promote substantial efforts to rehabilitate such vacant buildings. The provisions of this
section are applicable to the owners of such vacant buildings as set forth herein and are in
addition to and not in lieu of any and all other applicable provisions of this chapter, the
health and sanitation code, and any other applicable provisions of the Muskegon City
Code.
(b) Definitions and applicability; registration statement and fees.
(I) Definitions. For purposes of this section, the following words and
phrases shall have the meanings respectively ascribed to them as follows:
(A) Boarded: A building or structure subject to the provisions of
this section shall be deemed to be "boarded" if in place of one or more
exterior doors, other than a storm door, or of one or more windows, there
is a sheet or sheets of plywood or similar material covering the space for
such door or window.
(B) Exterior maintenance and major systems: The phrase
"exterior maintenance and major systems" shall mean the safe and lawful
maintenance of the facade, windows, doors, roof, and other parts of the
exterior of the building and the maintenance of its major systems
consisting of the roof, the electrical and plumbing systems, the water
supply system, the sewer system, and the sidewalk, drive-way, if any, area
of the lot, as applicable and as enforced by the DPS, particularly in
connection with subsections 10-82 (inspection of unoccupied building)
and 10-101 (abatement of dangerous buildings) of this section of this code.
(C) Occupied: Any building or structure shall be deemed to be
occupied if one or more persons actually conducts a lawful business or
resides in all or any part of the building as the licensed business-occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
nontransient basis, or any combination of the same. For purposes of this
section, evidence offered to prove that a building is so occupied may
include, but shall not be limited to, the regular receipt of delivery of
regular mail through the U.S. Postal Service; proof of continual telephone,
electric, gas, heating, water and sewer services; a valid city business
license, or the most recent, federal, state, or city income tax statements
indicating that the subject property is the official business or residence
address of the person or business claiming occupancy; or proof ofpre-
rental inspection.
(D) Open: A building or structure subject to the provisions of
this section shall be deemed to be "open" if any one or more exterior doors
other than a storm door is broken, open and, or closed but, without a
properly functioning lock to secure it, or if one or more windows is broken
or not capable of being locked and secured from intrusion, or any
combination of the same.
(E) Owner: An owner of the freehold of the premises or any
lesser estate therein, a mortgagee, a vendee-in-possession, assignee of
rents, receiver, executor, trustee, lessee, agent or any other person, firm or
corporation that is directly or indirectly in control of a building subject to
the provisions of this section, and as set forth below.
(F) Vacant: A building or structure shall be deemed to be vacant
if no person or persons actually, currently conducts a lawfully licensed
business, or lawfully resides or lives in any part of the building as the legal
or equitable owner(s) or tenant-occupant(s), or owner-occupants, or
tenant(s) on a permanent, nontransient basis.
(2) Applicability. The requirements of this section shall be applicable to
each owner of any building that is not a dwelling that shall have been vacant for
more than 90 consecutive days and to each owner of residential property
consisting of one or more vacant dwellings that shall have been vacant for more
than 90 consecutive days. Each such owner shall cause to be filed a notarized
registration statement, which shall include the street address and parcel number of
each such vacant building, the names and addresses of all owners, as hereinafter
described, and any other information deemed necessary by the city. The
registration fee(s) as required by subsection (b)(3) of this section shall be billed
by the city and shall be paid by January 1 of each year. For purposes of this
section, the following shall also be applicable:
(A) If the owner is a corporation or a limited liability corporation,
the registration statement shall provide the names and residence addresses
of all officers, directors and/or members and shall be accompanied by a
copy of the most recent annual tax report filed with the State of Michigan;
(B) If an estate, the name and business address of the executor of
the estate;
(C) If a trust, the name and address of all trustees, grantors, and
beneficiaries;
(D) If a partnership, the names and residence addresses of all
partners with an interest of ten percent or greater;
(E) If any other form of unincorporated association, the names
and residence addresses of all principals with an interest of ten percent or
greater;
(F) If an individual person, the name and residence address of that
individual person.
(3) Registration statement and fees; local agent. If none of the
persons listed, as above, is shown at an address within the state, the
registration statement also shall provide the name and address of a person
who resides within the state and who is authorized to accept service of
process on behalf of the owners and who shall be designated as a
responsible, local party or agent, both for purposes of notification in the
event of an emergency affecting the public health, safety or welfare and
for purposes of service of any and all notices or registration statements as
herein authorized and in connection herewith. Registration shall be
required for all vacant buildings, whether vacant and secure, vacant and
open or vacant and boarded, and shall be required whenever any building
has remained vacant for 90 consecutive days or more. In no instance shall
the registration of a vacant building and the payment of registration fees
be construed to exonerate the owner, agent or responsible party from
responsibility for compliance with any other building code or housing
code requirement. One registration statement may be filed to include all
vacant buildings of the owner so registering. The owner of the vacant
property as of January 1 of each calendar year shall be responsible for the
payment of the non-refundable registration fee. Said fee shall be billed by
the city and based on the duration of the vacancy as determined by the
master fee resolution.
(4) Appeal rights. The owner shall have the right to appeal the
imposition of the registration fees to a committee appointed by the city manager,
upon filing an application in writing with the applicable $50.00 non-refundable
filing fee to the city manager's office no later than 15 calendar days after the date
of the billing statement. On appeal, the owner shall bear the burden of providing
satisfactory objective proof of occupancy.
(5) One time waiver of registration fee. A one-time waiver of the
registration fee may be granted by the committee appointed by the city manager
upon application of the owner if the owner:
(i.) Demonstrate with satisfactory proof that he/she is in the
process of demolition, rehabilitation, or other substantial repair of the
vacant building; and
(ii.) Objectively demonstrates the anticipated length of time for
the demolition, rehabilitation, or other substantial repair of the vacant
building; or
(iii.) Provides satisfactory proof that he/she was actively
attempting to sell or lease the property during the vacancy period.
(6) Two-year waiver. Upon application by the owner and satisfaction of
subsection (b)( 5) above, the committee appointed by the city manager may grant a
two-year waiver of the registration fee if the owner meets the criteria for non-
profit organizations as defined by section 50l(c)(3) of the Internal Revenue Code.
(7) Delinquent registration fees as a lien. After the owner is given notice
of the amount of the registration fee due, except for those owners that have
properly perfected an appeal pursuant to subsection (b)(4) above, and the owner
fails to pay the amount due, said amount shall constitute a debt due and owing to
the city, and the city may commence a civil action to collect such the unpaid debt.
(c) Duty to amend registration statement. If the status of the registration
information changes during the course of any calendar year, it is the responsibility of the
owner, responsible party or agent for the same M' contact the planning department within
30 days of the occurrence of such change and advise the department in writing of those
changes.
(d) Exceptions. This section shall not apply to any building owned by the United
States, the state, the city, nor to any of their respective agencies or political subdivisions.
(e) Violations; penalties. The failure or refusal for any reason of any owner, or
agent of an owner acting on behalf of the owner, to register a vacant building or to pay
any fees required to be paid pursuant to the provisions of this section, within 30 days
after they become due, shall constitute a violation punishable upon conviction thereof by
a fine in the amount of not less than $100.00 nor more than $500.00 for each failure or
refusal to register, or for each failure or refusal to pay a required vacant building fee, as
applicable. In such cases, whenever the minimum fine of $100.00 is imposed, it shall not
be subject to suspension or reduction for any reason.
This ordinance adopted:
Ayes: Spataro, Warmington, Wierenga, Wisneski, Carter, and Gawron
Nays: None
Adoption Date: January 8, 2008
Effective Date: January 26, 2008
First Reading: December 11, 2007
Second Reading: January 8, 2008
CITY OF MUSKEGON
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Marie Becker
Clerk, City of Muskegon
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
th
Muskegon, at a regular meeting of the City Commission on the 8 day of January, 2008,
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: January 8, 2008
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Ann Marie Becker_
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (I 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on January 8, 2008, the City Commission of the City of
Muskegon adopted Chapter 10, Section 107 of the Muskegon City Code of Ordinances
concerning annual registration of vacant buildings and registration fees. Section 107 is
adopted to read as follows:
1. Section 10-107(a) is adopted to reflect the purpose of the new section which is
to require registration of all vacant buildings in an effort to assist the city
government in protecting the health, safety and public welfare and promote
substantial efforts to rehabilitate vacant buildings.
2. Section 10-107(b) is adopted to give notice of the definitions, applicability of
the section, and related fees.
This ordinance amendment/adoption is effective ten (I 0) days from the date of
this publication.
Published: January 16, 2008.
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _~
Ann Marie Becker
Clerk, City of Muskegon
Date: December 27, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance - Remove Reference to
Section 2308
SUMMARY OF REQUEST:
Request to amend Section 1301 #14, of Article XIII (B-4, General Business Districts), Section
1400, #13, of Article XIV, (I-1, Light Industrial Districts), and Section 1500, #9, (I-2, General
Industrial Districts), of Atticle XV, to remove the reference to Section 2308, (1) (f).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to remove the reference to Section
2308, (I) (f).
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 12/13/07 meeting. The
vote was unanimous with J. Aslakson and B. Smith absent.
12/27/2007
City Commission Meeting
Tuesday January 8, 2007
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: December 19, 2007
SUBJECT: Service Agreement with Professional Med Team Inc.
Summary of Request:
The Director of Public Safety is requesting approval to enter into a service agreement
with Professional Med Team (Pro-Med) to provide a paramedic for the purpose of
performing a blood draw, when needed, of suspected intoxicated drivers. The paramedic
will be dispatched directly to the jail to perform the draw. This service will be utilized by
all law enforcement agencies within Muskegon County.
Pro Med is located within the city.
Financial Impact:
The cost to the department will be $75.00 per blood draw.
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
.2oocP•-o..s-(d)
AGREEMENT FOR SERVICE
This agreement is made between Muskegon Police Department and
Professional Med Team, Inc. (Pro-Med), both agencies located within
Muskegon County, Michigan.
Whereas, Muskegon Police Department has a desire to have blood alcohol
draws performed by Pro-Med and desires to contract for that service; and
Whereas, Pro-Med is a Life Support agency licensed by the State of Michigan
and approved to operate in Muskegon County. Pro-Med has the required equipment
and duly trained and licensed personnel to provide the blood draw services and
desires to contract with Muskegon Police Department to provide that service.
The parties agree to the following:
1. Pro-Med will:
a. Provide a paramedic upon request of a Police Officer for the purpose
of performing a blood draw in order to determine the suspects blood
alcohol content when analyzed by the State Police Crime Lab.
b. Provide a bill to Muskegon Police Department at the end of each
month for services rendered. Each blood draw is to be billed at a rate of
$75.00. {Muskegon P.D 980 Jefferson St, Muskegon, Mi. 49443}
2. Muskegon Police Department will:
a. Make payment to Professional Med Team within thirty days after receipt
of Pro-Med's bill. {Pro-Med 965 Fork St Muskegon, MI. 49442}
3. Termination of Service
a. This agreement will remain in force unless terminated at the request of either
party with thirty (30) days advanced written notice.
4. Period of Agreement
By signing below, both parties agree to the terms outlined above. This agreement is
effective January 1, 2008, through and including December 31, 2008 or until
terminated under the terms set forth in paragraph 3 above.
Muskegon Police Department
L. I ~
tor of Public Safety irector of Operatio
Date: i - 8-- Cl J- Date: /v/f~/q7
Date: January 8, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Gaming License - Muskegon Film Festival
SUMMARY OF REQUEST: Muskegon Film Festival is requesting a
resolution recognizing them as a non-profit organization operating in the
City for the purpose of obtaining a Gaming License. They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
DEC.20.2007 11:21AM NOCHS OPERATIONS NO.272 P.3
I
Ch1ult11bl1 Gamine Olvi"ion
Box. 30023, l.11n1lng, Ml 48809
OVERN!Gl~T OJ;LIVERY:
1D1 S, ~lll1dcle, uinclng Ml !6933
(6171 336-5780
www.rn!i:-hlgQn,govfog 2008-0S{e)
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL,43~.103(8))
At a Regular meetingofthe City Commission
Rl:iGULA!l OR .5PECJ~I- TOWNett1r, crrri OR Vl~µ\QE CQUNClL/POflRD
called to order by _.c.M_a_.y-'o'"'r'--W'-'-"'a-"-r"'m"'i"-n"'g'-t=--o=-n'-'-------- on January 8 , 2 0 0 8
DATf!
at 5: 30 a::ltl.lp.m, the following resolution was offareU,i\A:\ 'h\,,__.( \l\
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TOWNSHIR CITY. OR
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CLER~
Ann Marie Becker, MMC, City Clerk
PRINTED Ni'.MI! ANP TITlEI
933 Terrace, Muskegon, MI 49440
COMPlE!'10Nt R•4Uf!Jd,
f'!N.Al.l'l': Pau\bla dtnitl af • l°'Kon,
ijSL--OG-1153(R 1DIDI)
JAN. 2.2008 10:05AM NOCHS OPERATIONS NO.282 P.2
Dear City Man11ger,
The Muskegon Film Festival requests that we be recognized as a non-profit organization
within tho community of Muskegon.
Wo would like to host a charitable poker tournament to raise money for the Muskegon
Film Festival which tal,es place this Feb!llary. The funds will be used to support a great
cultural event for downtown Muskegon.
Sincerely,
Emily M. Kordec!ci
Vice-President, Muskegon Film Festival
N0.272 P.4 , .
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Ann Marie Becker, MMC
City Clerk
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a municipal
corporation, of 933 Terrace Street, Muskegon, Michigan 49441 ("City") and Heritage Square
Development, LLC, a limited liability ~ssociation, of 4460 Deer Creek, Muskegon, Michigan
49441. ("Company").
Recitals:
A. The City has an established Renaissance Zone. The Company desires to acquire
property within the Renaissance Zone. The City deems this Agreement to
constitute a necessary element in the City's determination regarding the location
of the Company in the Renaissance Zone.
B. The Company intends to install the projects set forth in its Application (Attached
as Exhibit C) for Renaissance Zone location and approval. The Company
understands that the City relies upon the undertakings of the Company in the
Agreement to establish and to continue the Company's status as a Renaissance
Zone Company.
NOW THEREFORE THAT PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the following
documents which have been collected and relied upon by the parties:
Exhibit A Copy of the Renaissance Zone Act, as amended to date.
Exhibit B City of Muskegon Extension of Time Period for Existing
Renaissance Zone Parcels
Exhibit C The application for Renaissance Zone Designation filed by
Heritage Square Development, LLC.
Exhibit D Special Assessment Agreement.
2. COMPANY AGREEMENT. The Company agrees to the following commitments
which it shall perform in a timely and reasonably acceptable manner:
2.1 The development, to comply with all construction codes, of parcels at 274,
276, 290, & 296 W. Clay and 887 & 889 First St. The development will
consist of twenty-two units of row house style, live-work, residential
condominiums. The live-work units will be available for light commercial
1
office space and modest retail space, creating between twelve and twenty-
four jobs.
2.2 Private investment in the amount of at least $2,000,000 within two (2)
years from the date of the property's designation of Renaissance Zone
extension status by the State of Michigan, pursuant to paragraph 2.7.
2.3 The performance of all other undertakings set forth in the application.
2.4 Assurance and completion of the payment of all real and personal property
taxes due for all years prior to the creation of the Renaissance Zone on the
properties.
2.5 Cooperation with City representatives to supply all requested and required
documentation necessary in the City's reasonable judgment to determine
compliance with the undertakings set fotth in this Agreement and its
attachments.
2.6 The Company shall take all required precautions to avoid the release of
any hazardous substance in violation of any environmental law on its
premises, and shall report any releases to the appropriate authority in a
timely and complete manner as required by law, providing copies of said
documentation to the City. Subject to its rights to contest any proposed
orders and actions, the Company shall comply with all orders and actions
of any governmental agency having authority.
2. 7 The Company shall improve the properties and improvements, in
accordance with the Renaissance Zone proposal submitted Heritage
Square Development, LLC.
2.8 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
3. AGREEMENT BY THE CITY. Provided this Agreement has been executed and
further provided all applications concerning Renaissance Zone status have been
properly filed, the City shall, in a timely manner, proceed with the appropriate
meetings or applications including as necessary the State of Michigan
Renaissance Zone Review Board, and with all local review entities by law. The
City may consider this agreement in a meeting separate from and prior to the
meeting in which the City or any entity considers the creation of the district or
approval of the application for Renaissance Zone extension status.
4. EVENTS OF DEFAULT. The following actions or failures to comply, subject to
events of force majeure, shall be considered events of default by the Company if
not cured within sixty (60) days after receipt of written notice from the City of
such act or failure to comply.
2
4.1 Failure to meet any of the commitments set forth above.
4.2 Failure to afford to the City the documentation and reporting required.
4.3 Failure to expend the funds on equipment and improvements as
.represented in the attachments within the times required hereby.
4.4 The bankruptcy or insolvency of the Company.
4.5 The failure to pay any taxes other than those exempted by the Renaissance
Zone Act, and the failure to pay any special assessments levied on the
Company's property timely after levy or final appeal.
4.6 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
5. REMEDIES ON DEFAULT. In the event that any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as
may be reasonably required by the Company's rights to due process. The
amounts due by reason of the exercise of the remedies, shall be payable by a
special assessment as outlined in the attached Special Assessment agreement.
5.1 In the event of default and after investigation of the facts and a public
hearing, the Company shall be immediately liable for the amounts below,
to be paid forthwith to the City, and the Renaissance Zone status of the
Company shall be revoked or void, with the following consequences:
5 .1.1The Company shall begin making payments, as outlined in the
attached Special Assessment agreement, to the City, the amount of
$6,266.67 per year. The assessment will not be charged during the
first two years, pending substantial completion of the proposed
- - --prnject-Eas-statea-in-2~2)~1f-su0stantial-e0mJ')leti(m has-n0t-0een-
made within the first two years, the Company shall be liable for
payment of the assessment for those two years plus future year's
assessments.
5.1.2 The Company shall pay to the State of Michigan all amounts of the
corporate income tax which have been abated under the
Renaissance Zone Act, if any.
5.1.3 The Company shall immediately pay to the City any corporate City
income tax which have been abated under the Renaissance Zone
Act, if any.
3
time set forth in the attachments, the Special Assessment shall be paid to
the City.
5.3 Failure to Expend the Funds Represented. In the event the improvements,
renovations and the equipment have not been completed or installed by the
time set forth in the attachments, the Special Assessment shall be paid to
the City.
5.4 Other Violations. For any material violations of this Agreement, the City
reserves the right to seek declaration by a comt entity with authority that
the Special Assessment shall be paid to the City.
5.5 Special Assessment. For any amount to be paid to the City as a result of
default by the Company, the Company consents that the City shall have a
personal action against the Company for the said amount, and in addition,
cumulatively, and not by election, the City shall have a special assessment
lien on all the property of the Company, personal and real, located in the
City, for the collection of the amounts due as and in the manner of
prope1ty taxes.
5.6 City Considerations for Determination in Matters of Default. The City
shall consider the following factors, but the determination to invoke
remedies are the sole and reasonable discretion of the City:
5.6.1 The economic conditions, if any, reasonably known to the City,
which are found to be directly related to the default or
circumstance causing the proposed action by the City.
5.6.2 The performance of the Company in meeting the commitments and
requirements of the Application, the submitted materials, and the
provisions of the Certificate and this Agreement.
-5a&.-3 -Whe,her the-effeeten-the-Gity's-fmanees-of-,he Gompany's--aeti0ns- · --· --
is material and substantial.
5.6.4 Whether the circumstance affecting the status of the Company was
created by occurrences beyond the control of the Company or
could reasonably have been avoided, and, in particular, whether the
Company could economically and feasibly continue to perform as
required by this Agreement.
6. Governing Law. This Agreement shall be construed and enforced in accordance with
the laws of the State of Michigan applicable to contracts made and to be performed
within the State of Michigan, and in particular the Renaissance Zone Act of the State,
as amended.
4
7. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the
same Agreement.
8. Benefits. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
9. Effective Date. This Agreement shall be effective on the date the State of Michigan
grants the Renaissance Zone designation.
10. Invalidity. In the event any provision of this agreement is declared invalid by a court
or tribunal having competent jurisdiction, the remainder of the agreement shall
remain in full force and effect.
CITY OF MUSKEGON,
a municipal corporation
B~:;:M:::;a"(T;:o:;r ---=~~=====-;--:::::__
and \~Q¼~~ (luJ~
~
Ann Marie Becker, Clerk
Dated: :fi11«M'I e<.J, 2008
(7
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