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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 10, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
A. Honorary Ambassador.
• INTRODUCTIONS/PRESENTATION:
• CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Fireworks Display Permit for Muskegon Summer Celebration. CITY
CLERK
C. One Year Extension to Construct a Single Family Home at 1259
Marquette Avenue. PLANNING & ECONOMIC DEVELOPMENT
D. Request to Purchase Tax-Reverted Properties. PLANNING &
ECONOMIC DEVELOPMENT
E. Set Public Hearing for Amendment to Brownfield Plan - Parkland
Muskegon, LLC. PLANNING & ECONOMIC DEVELOPMENT
F. Agreement for Processing Parking Citations and Revenue Collection.
FINANCE
• PUBLIC HEARINGS:
A. Request to Revoke the Obsolete Property Rehabilitation Certificate -
Kirksey Investment Corporation. PLANNING & ECONOMIC
DEVELOPMENT
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
A. Consideration of Bids for Beidler Street. Laketon to Southern.
ENGINEERING
B. Repeal Vehicle for Hire Ordinance. CITY CLERK
• NEW BUSINESS:
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fil! 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 foiward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed l Ominutes if previously registered with City Clerk.)
• CLOSED SESSION: To discuss pending litigation.
• 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: June 1 0, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
st
SUMMARY OF REQUEST: To approve minutes for the May 21
Special City Commission Meeting, and the May 2ih Regular
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 10, 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, June 10,
2008.
Mayor Warmington opened the meeting with a prayer from Commissioner
Shepherd 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 Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierenga,
and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2008-51 HONORS AND AWARDS:
A. Honorary Ambassador. Commissioner Wisneski presented a certificate
to the Greater Muskegon JC's.
2008-52 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May 2l5t Special City
Commission Meeting, and the May 27 th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
8. Fireworks Display Permit for Muskegon Summer Celebration. CITY
CLERK
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting approval of a
fireworks display permit for July 4th and July 6th at the Muskegon Summer
Celebration. Fire Marshall Metcalf has reviewed the request and recommends
approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
C. One Year Extension to Construct a Single Family Home at 1259
Marquette Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a one-year extension to allow Mr. Vernon
and Mrs. Dorothy Harris to complete construction of a single-farnily home on
Marquette Avenue. The original agreement between the City and Mr. and Mrs.
Harris stipulated that construction of the home was to be completed within 18
months. The City has customarily granted extensions to persons who have
shown that they are dedicated to completing construction and contributing to
the beautification of the City's residential areas. Mr. and Mrs. Harris will be
starting construction by July 2008. They were unable to start construction sooner
due to Mr. Harris being in the military. He is now back.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the time extension,
as well as authorization for both the Mayor and the Clerk to sign the resolution.
E. Set Public Hearing for Amendment to Brownfield Plan - Parkland
Muskegon, LLC. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Parkland Muskegon,
LLC, located at 241,255, and 285 W. Western Avenue, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the project in
the Brownfield Plan, although the redevelopment of the site into a
residential/commercial development will eventually add to the tax base in
Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority will
meet on June 5, 2008, to review and approve the Brownfield Plan Amendment
and make a recommendation for approval of the Brownfield Plan Amendment
to the Muskegon City Commission. In addition, the Brownfield Redevelopment
Authority recommends that the Muskegon City Commission set a public hearing
on the Plan Amendment for June 24, 2008.
F. Agreement for Processing Parking Citations and Revenue Collection.
FINANCE
SUMMARY OF REQUEST: To authorize staff to enter into an agreement with
Complus to provide the City parking citation processing and revenue collection.
Complus along with providing handheld devices that will help ensure accuracy,
provide documentation and increase efficiency will supply the City with access
to their on-line software to track and manage parking tickets and payments.
FINANCIAL IMPACT: The fee is 20% of all paid parking tickets which is an
increase from the approximately 13% charged by the current provider. The
increased fee will be offset by increased revenue.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Complus for Parking Citation processing and revenue collection.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus item D.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2008-53 ITEM REMOVED FROM THE CONSENT AGENDA:
D. Request to Purchase Tax-Reverted Properties. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The County Treasurer is responsible to sell the tax-
reverted properties/boat slips. There are two boat slips on the tax-reverted list.
Local municipalities have first option to pay the past-due taxes and fees prior to
the first tax auction. The taxes owing on each of the boat slips are from 2005,
2006, and 2007. The application and fee must be turned in to the County
Treasurer's Office by July l, 2008.
FINANCIAL IMPACT: Total cost of the two boat slips is $6,090.86. There will also
be an annual maintenance fee for each boat slip.
BUDGET ACTION REQUIRED: To expend the $6,090.86 necessary to purchase the
boat slips from the Public Improvement Fund.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and purchase application.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the request to purchase the tax-reverted properties.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
2008-54 PUBLIC HEARINGS:
A. Request to Revoke the Obsolete Property Rehabilitation Certificate -
Kirksey Investment Corporation. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, the City of Muskegon requests that the Obsolete Property Rehabilitation
Certificate for Kirksey Investment Corporation at 1133 W. Western Avenue be
revoked. The certificate was issued on May 9, 2006, and the property owner
failed to rehabilitate the building within the twelve month deadline.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution revoking the Obsolete
Property Rehabilitation Certificate.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Michael Kirksey, 1204 W. Western.
Motion by Commissioner Carter, second by Commissioner Wierengo to close the
Public Hearing and grant the request to extend the Obsolete Property
Rehabilitation Certificate for 18 months and for the work to be completed within
that 18 month period.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, and Carter
Nays: Gawron and Wisneski
MOTION PASSES
2008-55 UNFINISHED BUSINESS:
A. Consideration of Bids for Beidler Street, Laketon to Southern.
ENGINEERING
SUMMARY OF REQUEST: Award the Beidler construction contract to Milbocker &
Sons out of Allegan since they were the lowest responsible bidder with a total
bid price of $520,531 .21.
FINANCIAL IMPACT: The construction cost of $520,531.21 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Milbocker & Sons.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to award the
Beidler construction contract to Milbocker & Sons.
ROLL VOTE: Ayes: Gawron, Shepherd, and Spataro
Nays: Wisneski, Carter, Warmington, and Wierengo
MOTION FAILS
Motion by Commissioner Carter, second by Commissioner Wierengo to award
the Beidler construction contract to Jackson-Merkey.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, and Shepherd
Nays: Gawron and Spataro
MOTION PASSES
B. Repeal Vehicle for Hire Ordinance. CITY CLERK
SUMMARY OF REQUEST: At a Worksession Meeting held on June 11, 2007, the
Commission considered a request to repeal the Vehicle for Hire Ordinance. At
that time, the Commission determined to license taxicabs for one more year
while Muskegon County established a county-wide licensing requirement. The
Commission indicated they would visit the issue in one year. At the March 11,
2008, City Commission Meeting it was decided to extend the current licensing
for cabs to June 11, 2008.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: That the Ordinance to Repeal Vehicles for Hire,
Sections 102-200 through l 02-260 of the Code of Ordinances be adopted.
Motion by Commissioner Carter, second by Commissioner Wierengo to repeal
the vehicle for hire ordinance.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
2008-56 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Carter, second by Commissioner Wisneski to go into
Closed Session to discuss pending litigation.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Wierengo to
come out of Closed Session.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:40 p.m.
ctfuiiy submitted,
I\\ ,, () (Ji
"-I"'- \ ~\.}.,)\ \~)1/\
Ann Mane Becker, MMC
City Clerk
Date: June 1 0, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Fireworks Display Permit for Muskegon Summer
Celebration
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting
th
approval of a fireworks display permit for July 4 th and July 6 at the
Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the
request and recommends approval contingent on inspection of the
fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
2008-52(b)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: ~ PUBLIC DISPLAY ( ) AGRlCULTURAL PEST CONIROL
ISSUED TO: Summit Pyrotechnics
NAME Steve Franklin
ADDRESS 3500 s. Getty, Muskegon, MI AGE
REPRESENTING
NA..'>IE OF ORGAN!ZATION, GROUP, FJR.\,f OR CORPORATION
MuskegonSummer Celebration
ADDRESS 587 w. Western Ave., Muskegon, MI
NUMBER & TYPES OF FIREWORKS:
20 - 12" 400 - 6" 1200 - 3"
20 - 10" 400 5"
80 - 8" 600 - 4"
DISPLAY: Barge, Muskegon Lake, 1,000 feet north of Heritage Landing.
EXACT LOCATION
City of Muskegon 7-4-08 & 7-6-08 (7-5-08 rain date) 10:20 p.m.
CITY, VILLAGE, TOWNSHIP DATE TIME
-
BOND OR INSURANCE FILED: ( ) YES () NO AMOUNT
ISSUED BY·
Issued by action ofche t,,,ltJSKEGON CITY COMMISSION
(l:IOW\cil, eommiuion, boud)
of che CITY of MJ/SKEQON
{cir,, v1ll.111e. :Cwnship) (IWH or city. vill'•ac. ~W11.1hi11)
Mayor
MI 49440
(t1!P11N1c &: posiuon .,r council, <:0mmiui4n or b,o..,d repreiimtu.ivc)
r FM- 32( 12- 68}
dOOo
I
APPLICATION
FOR FIREWORKS DISPLAY PERMIT DATE OF APPLICATION
Act 358, P.A. 1968 I ,,:_/ / 7/ - 0 / 1
1. TYPE OF DISPLAY: ~ Public Display D Agricultural Pest Control
2, APPLICANT
NAME OF PERSON /.) AG E: Must be 21 or over
,<;l..-<'. vJ/'\ , v\ 1• f ///.. 111'n-f~c?it v/U
IF A CORPORATION: Name of Pr eside nt ADDRESS I
J, PYROTECHNIC OPERATOR
NAME A G E: Must be 21 or over
s·-f..p, J-
/
EXPERIENCE:
N UMBER OF YEARS
<) ~
I
NUMBER
/ --;-v +
OF D ISPLAYS
- - -<. tJ <.__.) 'r c,,~ r -:i (_/(_')
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4, NON-RESIDENT APPLICANT
NAME ADDRESS
Name of Michigan Attorney or Residen t Agent ADDRESS TELEPHONE NUMBER
5, EXACT LOCATION OF PROPOSED DISPLAY
~-~-c:'. keT /Uol'li, of/tr,,/fc,c✓~ L/Jd1~vc:
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6. NUMBER AND KINDS OF FIREWORKS TO BE DISPLAYED
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MANNER & P~CE OF ST,QRA~RI OR TO D l ~PLAY t·
~ A ,/}/J(·=e-? IV (1~ i//4-
( Sub jec t to Approval of Local Fire Authori t ies)
A . AMOUNT OF BOND OR INS URAN C E
7, FINANCIAL RESPONSIBILITY t to be set by municipali ty) $
B. BONDING CORPORATION OF I NS UAA NCE COMPANY: NAME I AD DRESS
( See oth er side for instructions}
STEVEN R. FRANKLIN . 74-1383/724
3500 S. GETTY ST. 16000010 2867
MUSKEGON, Ml 49444
DATE~ -/,L- o /
--~--'-----
-- ~ // /
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s-o,u r ;i.oocY
933 Terrace Street OFFICE 231-724-6705 CITT Of' MUSl\~60~
Muskegon, MI 49440 FAX 23 l-724-4178
CL~Dl\~s Of'f'IC~
To: Tim McClorey From: Linda
Fax: Pages(including cover) 2
Phone: Date: 6-27-08
Re: CC:
• Urgent • For Review • Please Comment • Please Reply • Please Recycle
Please check out the insurance coverage for a pyrotechnic display during the Muskegon
Summer Celebration (permit only).
Thanks,
Linda
ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOIYYYY)
I 6/27/2008
PRODUCER Phone: 440-248-4711 Fax: 440-248-5406 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Britton-Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6240 SOM Center Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cleveland OH 44139
INSURERS AFFORDING COVERAGE NAIC#
INSURED
Lexinnton Insurance Co
INSURER A:
Rozzi, Inc.
INSUREAB:Grani t e State Insurance Co. '3809
P.O. Box 5
INSURER C:Arch Soecialtv Ins Co
Loveland OH 45140-0005
INSURERD
INSUAERE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_,. __
'[!/~
~.°.'!:! POLICY NUMBER
P~j-J~Y EFFECTIVE P~~l$_,,Y EXPIRATION
LIMITS
A ~
GENERALUABJLITY 3443470 3/25/2008 3/25/2009 EACH OCCURRENCE $1 000 000
g~~AGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES 1Ea occurencel $50 000
I CLAIMS MADE [xJ OCCUR MED EXP (Art-JOOO person) $
f--
PERSONAL & ADV INJURY $ 1. 000 000
~
GENERAL AGGREGATE $ 2. 000 000
$2 000 000
n GEN'LAGGREGATE LIMIT APPLIES PER:
FDLICY ixl ~f8,: n LOG
PRODUCTS - CO!v1P/OP AGG
B ~TOMOBILE LIABILITY CA93837166 3/25/2008 3/25/2009 COMBINED SINGLE LIMIT
ANY AUTO (Ea accioont) $1,000,000
0--
ALLOWNEDAUTOS
~ BODILY INJURY $
SCHEDULED AUTOS (Per pernon)
~
HIRED AUTOS
0-- BODILY INJURY
$
NON-OWNED AUTOS (Per acciOOnt)
0--
- PROPERTY DAMAGE $
(Per acclOOnl)
GARAGE LIABILITY AUTOONLY- EA ACCIDENT $
~ ANYAUTO OTHER THAN EAACC $
AUTOONLY· $
AGG
C
iJ OCCUR •
EXCESS/UMBRELLA LIABILITY
CLAIMS MADE
ULP0005180 3/25/2008 3/25/2009 EACH OCCURRENCE
AGGREGATE
$ 9. 000 000
$ 9. 000 000
$
~ DEDUCTIBLE $
X RETENTION HO 000 $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
j T~~JifJ1¥S I 1orn.
ER
ANYPROPAIETORIPARTNERIEXECUTIVE
E.L. EACHACCIDENT $
OFRCER/MEMBER EXCLUDED? E.L. DISEASE EA EMPLOYEE $
~PfWt't~~~li~NS below E.l. DISEASE POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT /SPECIAL PROVISIONS
~ates of Displays: July 4, 2008 and July 6, 2008
!A.dditional insured: Muskegon Summer Celebration; City of Muskegon, all elected and appointed officials,all employees&
tvolunteers;County of Muskegon and Great Lakes Dock are additional insured as respects to the July 4 and July 6
P::espectively( RD July 5 and July 9 respectively} Fireworks Display at Muskegon Lake 800' north of Heritage
~anding;Summit Pyrotechnics
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
City of Muskegon WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
933 Terrace CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so
Muskegon MI 49440 231-739-1226 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, I TS AGENTS OR REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
'f.w-G<.:u;f;','k":;.:'pj.t::-:-..~
~~
,h. ,} ,.-:;
ACORD 25 (2001 /08) @ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does lt
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Commission Meeting Date: June 1 0, 2008
Date: June 2, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department e,/tf:_.
RE: One Year Extension to Construct a Single Family Home at
1259 Marquette Avenue.
SUMMARY OF REQUEST:
To approve a one year extension to allow Mr. Vernon & Mrs. Dorothy Harris to complete
construction of a single-family home on Marquette Ave. The original agreement between
the City and Mr. & Mrs. Harris stipulated that construction of the home was to be completed
within 18 months. The City has customarily granted extensions to persons who have shown
that they are dedicated to completing construction and contributing to the beautification of
the City's residential areas. Mr. & Mrs. Harris will be starting construction by July 2008.
They were unable to start construction sooner due to Mr. Harris being in the military. He is
now back.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the time extension, as well as authorization for both the
Mayor and the Clerk to sign the attached resolution.
COMMITTEE RECOMMENDATION:
None.
Resolution No. 2008-52 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING A ONE YEAR EXTENSION TO COMPLETE THE
CONSTRUCTION OF A SINGLE-FAMILY HOME LOCATED AT 1259 MARQUETTE
AVENUE.
WHEREAS, Mr. & Mrs. Hanis have submitted a request for a time extension; and
WHEREAS, Mr. & Mrs. Hanis has shown a commitment to complete the construction of the
home; and
WHEREAS, the completion of the construction of the home will further enhance the ambiance
of the City's residential area.
NOW THEREFORE BE IT RESOLVED, that Mr. & Mrs. Harris be granted an additional nine
months to complete the construction of the home located at 1259 Marquette Avenue.
Adopted this 10th day of June 2008.
Ayes: Wierenga, Wisneski, Carter, Gawron, Shepherd, Spataro,
and Warmington
Nays: None
B~~
Absent None
,~
----r
Attes~ ~ ~ ~
Ann Marie Becker, MMC
Clerk
CERTIFICATION
I hearby ce1tify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on June l 0, 2008.
By~~~Ann Marie Becker, MMC
Clerk
Commission Meeting Date: June 1 0, 2008
Date: Junes, 2008
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department COC-
RE: Set Public Hearing for Amendment to Brownfield
Plan - Parkland Muskegon, LLC
SUMMARY OF REQUEST: To approve the attached resolution setting a public
hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions
of the Brownfield Plan Amendment including the opportunity to express their views
and recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Parkland Muskegon, LLC,
located at 241, 255, and 285 W. Western Avenue., in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the project in the
Brownfield Plan, although the redevelopment of the site into a residential /commercial
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority will
meet on June 5, 2008 to review and approve the Brownfield Plan Amendment and
make a recommendation for approval of the Brownfield Plan Amendment to the
Muskegon City Commission. In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the Plan
Amendment for June 24, 2008.
2008-52(e)
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
PARKLAND MUSKEGON LLC
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of
Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on
the 10th day of June, 2008, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT:
Members Carter, Gawron, Shepherd, Spataro, Warmington,
Wierenga, and Wisneski
ABSENT: Members
None
The following preamble and resolution were offered by Member
---'G'--'a""w""r-"o=n_ _ _ and supported by Member carter
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the
"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as
amended ("Act 381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has
prepared and approved Brownfield Plan Amendments to include Parkland
Muskegon, LLC on the DMDC site, and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendments
to the City Commission requesting its approval of the Brownfield Plan Amendments
and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the
Muskegon City Commission desires to hold a public hearing in connection with
consideration of the Brownfield Plan Amendments as required by Act 381; and '~
WHEREAS, prior to approval of the Brownfield Plan Amendments,
the City Commission is required to provide notice and a reasonable opportunity to
the taxing jurisdictions levying taxes subject to capture, to express their views and
recommendations regarding the Brownfield Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield Plan
Amendments from the Authority and directs the City Clerk to send a copy of the
proposed Brownfield Plan Amendments to the governing body of each taxing
jurisdiction in the City, notifying them of the City Commission's intention to consider
approval of the Brownfield Plan Amendments [after the public hearing described
below].
2. A public hearing is hereby called on the 24th of June, 2008 at 5:30
p.m., prevailing Eastern Time, in the City Hall Commission Chambers to consider
adoption by the City Commission of a resolution approving the Brownfield Plan
Amendments.
3. The City Clerk shall cause notice of said public hearing to be
published in the Muskegon Chronicle, a newspaper of general circulation in the
City, twice before the public hearing. The first publication of the notice shall be not
less than 10 days or more than 40 days before the date set for the public hearing.
The notice shall be published as a display advertisement prominent in size.
4. The notice of the hearing shall be in substantially the following form:
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON AN AMENDMENT TO THE MUSKEGON BROWNFIELD
PLAN, AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on June 24, 2008, at 5:30 p.m.,
prevailing Eastern Time in the City Hall Commission Chambers located at 933
Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution
approving a Brownfield Plan Amendment for the City of Muskegon Brownfield
Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of
1996, as amended.
The property to which the proposed Brownfield Plan Amendment applies is:
Parkland Muskegon, LLC
241, 255, and 285 W. Western Ave.
located in the Downtown Muskegon Development Center
Muskegon, Michigan 49440
Copies of the proposed Brownfield Plan Amendment are on file at the office of the
City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendments for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be
open for discussion at the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of
Muskegon, Michigan.
Ann Marie Becker, City Clerk
5. All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are rescinded.
AYES: Members
Wierenga, Wisneski, Carter, Gawron, Shepherd, Spataro,
and Warmington
NAYS: Members
None
RESOLUTION DECLARED ADOPTED.
~~[\M.W.c
Ann Marie Becker, City Clerk
• ' ,I
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
State of Michigan, at a regular meeting held on June 10, 2008, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
~ A Ar >, . ~
City Clerk ~
Date: June 3, 2008
To: Honorable Mayor and City Commissioners
From: Assistant Finance Director
RE: Agreement for Processing Parking Citations and Revenue
Collection
SUMMARY OF REQUEST: To authorize staff to enter into an agreement with
Complus to provide the City parking citation processing and revenue collection.
Complus along with providing handheld devices that will help ensure accuracy, provide
documentation and increase efficiency will supply the City with access to their on-line
software to track and manage parking tickets and payments.
FINANCIAL IMPACT: The fee is 20% of all paid parking tickets which is an increase
from the approximately 13% charged by the current provider. The increased fee will be
offset by increased revenue.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into agreement with
Complus for Parking Citation processing and revenue collection
COMMITTEE RECOMMENATION:
City of Muskegon
Finance Department
Memo
To: City Commission
From: Elizabeth Lewis
Cc: Bryon Mazade; Tim Paul
Date: 6/03/08
Re: Parking Citations Processing and Revenue Collections
The City of Muskegon has had an agreement with Data Tickets, Inc out of Newport Beach, California
for the last five years to process parking tickets and parking ticket_ revenues. The City has experienced
poor customer service and has received many service related complaints from customers. Our current
contract expires in late August. A group of system users have had presentations by several other
vendors that have Michigan clients. The City has received a quote from Complus Data Innovations, Inc
located in Tarrytown, New York after an impressive presentation.
I am requesting authorization to enter into an agreement with Complus to provide the City's parking
citations processing and revenue collections. Currently the City's fees for parking citation processing
are approximately 13% of revenue collected. Complus has proposed a 20% fee of all paid parking
tickets, although this is higher than our current fees it should be offset with higher parking ticket and
impound fee revenues. Complus will provide the following:
• Two (2) one-piece handheld ticket writers with built in printers along with all maintenance,
repair and replacement of the equipment. Handheld units will be replaced approximately every
three years with improved equipment. Currently the City owns two handheld units that were
purchased in 2003 and are out of date and in need of replacement.
• Increased collection of park tickets. The City's current collection rate is 74%. Complus' goal
would be to drive the collection rate into the 90% range which is their national average.
• Payments processed to the parking ticket database are updated in real time. This will provide
the most up to date information in impound cases.
• More accurate information can be provided by Complus because of their direct relationship
with the Michigan Secretary of State and other state Secretary of State offices. It appears our
current provider uses a third party to obtain information from the Secretary of State so
information is not always current.
• The new handhelds have the capability of holding the City's entire Scofflaw List (impound list)
the handhelds being used now only are capable of storing the current list plus two (2) previous
• Page 1
years. This additional information available to our parking enforcement officer will increase our
Impound fee revenue.
• Timely customer service and support. Our current provider's location in California caused
delays because of differing time zones. Complus is located in the eastern time zone.
• Complus' on-line parking ticket software will provide the City with the capability to generate
reports that have not been available with our current provider.
Complus will increase the City's efficiency and accuracy thereby saving time and maximizing
revenues.
• Page2
Commission Meeting Date: June 10, 2008
Date: May 30, 2008
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department {!13C
RE: Request to Purchase Ta>c-Reverted Properties
SUMMARY OF REQUEST:
The County Treasurer is responsible to sell the tax reverted properties/boat slips. There are
two boat slips on the tax reverted list. Local municipalities have first option to pay the past
due taxes and fees prior to the first tax auction. The taxes owing on each of the boat slips
are from 2005, 2006, and 2007. The application and fee must be turned in to County
Treasurer's Office by July 1, 2008.
FINANCIAL IMPACT:
Total cost of the 2 boat slips is $6,090.86. There will also be an annual maintenance fee for
each boat slip.
BUDGET ACTION REQUIRED:
To expend the $6,090.86 necessary to purchase the boat slips from the Public Improvement
Fund.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and purchase application.
COMMITTEE RECOMMENDATION:
None.
Resolution No. 2008-53 ( d)
MUSKEGON CITY COMMISSION
RESOLUTION TO PURCHASE TAX REVERTED PROPERTY FROM THE COUNTY
TREASURER.
WHEREAS, The City may make the properties available under the urban homestead act, 1999
PA 127, MCL 125.2701 to 125.2709,PA 123 of 1999, MCL 211.78M(6) or for any other lawful
purpose, and; ·
WHEREAS, the City of Muskegon desires to acquire such boat slips in order to lease, alternate
transient slips for Hartshorn customers, or to use as a possible satellite fire/sheriffs boat dock.
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon shall set up necessary
procedures and controls to provide for the property distribution of funds arising from the use of
the acquired property in conformity with the above mentioned acts.
Legal Descriptions are as Follows:
1) City of Muskegon Harbour Towne Marina Condominium Unit 8
Parcel # 24-420-000-0008-00
3429 Fulton Ave (boat slip)$ 2,834.43
2) City of Muskegon Pigeon Key Marina Condominium Unit 11 Dock A
Parcel # 24-673-001-0011-00
3545 Marina View Point (boat slip) $3,236.43
Adopted this 10 thday of June, 2008
Ayes: Spa taro, Warmington, Wierenga, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
Absent: None
Ann Marie Becker, MMC
Clerk
CERTIFICATION
I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on June 10, 2008.
By~ b ~AM~'~ ,. . ___
Ann Marie Becker, MMC
Clerk
NOTICE TO MUSKEGON COUNTY TREASURER, TONY MOULATSIOTIS,
THE FORECLOSING GOVERNMENTAL UNIT, OF ELECTION TO
PURCHASEFOIU:CLOSEDPROPERTY
The CITY OF Muskegon hereby notifies Tony Moulatsiotis, Muskegon
County Treasurer and Muskegon County Foreclosing Governmental Unit, that it intends
to purchase for a public purpose property located in the city described as:
Parcel# 24-420-000-0008-oo
PropertyAddress: 3429 Fulton Avenue
Legal Description: City of Muskegon Harbour Towne Marina
Condominium unit 8
(you may attach printout from assessment roll in lieu of typing in
legal description here)
The purchase price is $ $2,834.43 which amount is the minimum bid as is
defined in MCL 211.78m (11).
The city agrees to pay a fee in the amount of $10.00 to cover the cost of recording the
deed transferring the above described property.
The public purpose for which the property is being purchased is:
To lease, alternate transient slips for Hartshorn customers,
or to use as a possible satellite fire/sheriff's boat dock.
The city agrees to notify the Foreclosing Governmental Unit (Muskegon County
Treasurer) at least seven days before the event if it ever sells or transfers to a third party
all or any part of the above described property. Further, the city understands and agrees
that if it should ever sell the purchased property above described for an amount in excess
of the minimum bid and all costs incurred relating to demolition, renovation,
improvements or infrastructure development, the excess amount shall be returned to the
Muskegon County Treasurer for deposit into the delinquent tax property sales proceeds
account for the year in which the property was purchased by the said city.
Upon the request of the Foreclosing Governmental Unit, the city shall provide. without
cost to the Foreclosing Governmental unit information regarding any subsequent sale or
transfer of the above described property. The information shall be provided within seven
days of receipt of the request.
The election by the said city is made subject to any prior right of election vested in the
State of Michigan.
H:1Word\FOJIMS\PORECLOSU/1£SIPURCHASE AOR£EM£N11Purcho,e Agreemem ofFrc Properry for C;ry.doc
The city understands that neither Muskegon County or Tony Moulatsiotis, either
individually and/or as Muskegon County Treasurer and/or as the Foreclosing
Governmental Unit, makes any warranty of any kind as to the title transferred to the city
and will not indemnify, defend, save nor hold hannless the city from any or all claims,
liabilities, damages, losses, suits, fines, penalties, demands or expenses, including costs
of suit and attorney fees, incurred by the said city because of or related to its election to
purchase the property above described.
The city agrees to indemnify, defend, save and hold hannless Muskegon County and
Tony Moulatsiotis, individually and/or as Muskegon County Treasurer and/or as
Foreclosing Governmental Unit, from any and all claims, liabilities, damages, losses,
suits, fines, penalties, demands and expenses, including costs of suit and attorney fees,
which Muskegon County and/or Tony Moulatsiotis, individually and/or as Muskegon
County Treasurer and/or as Foreclosing Governmental Unit incWTed because of or
related to the election of the city to purchase the property above described.
City of Muskegon
Name of Local Unit
Date: rf -I t1 - tJ JJ
Date: / -/() - JJ> Ann Marie Becker, MMC
~ Cl,okNomo
t o , ~ ~- ,(
Clerk Signature
~Ab
H:IW<mJIFORMSIFORECLOSURES\PURCHASE AGREEM£NnPurch~-e Agreement ofFrc Propsrty for City.doc
Application to obtain Real Estate for Public Purpose
Pursuant to Michigan Compiled Laws, Section 211.78m
Name, Address, Phone number and Contact Person of Local Unit making anolication:
City of Muskegon
933 Terrace St.
Muskegon, MI 49440
Hope Mitchell (231) 724-6938
Parcel Information:
Tax ID#: 24-420-000-0008-00
County: Muskegon @Village/Township Name: Muskegon
Streetaddress: 3429 Fulton Avenue
Public Purpose for acquirin2 this propertv is (describe in deiai I):
To lease, alternate transient slips for Hartshorn
customers, or to use as a possible satellite fire/
sheriff's boat dock.
This acquisition ~ has D has not been specifically authorized by resolution of the
governing body of the Local Unit. (Attach minl!tes and resolution)
The Local Unit D does @ does not plan to resell or transfer this property to another
person, entity or group.
Entity is:
D Individual(s) D A non-profit entity D A for Profit entity
IXI A government Board, Commission, Agency or Department.
Name and address of Purchaser (if known at this time):
If property is being sold or transferred, please state end-users Public Purpose of this
property:
Will property be returned to the tax roll within 24 months?
• Yes 0 No
Applicable regulation Disclosure:
The Foreclosing Governmental Unit (FGU) discloses that MCL 211.78m requires:
• That a sale/transfer under this section must be for a "Public Purpose";
• That if the property is sold or transferred at a profit (as therein defined), that such
profit MUST be returned to the FGU and deposited in its delinquent tax
property sales proceeds account for the year in which the property was purchased
by the city, village, township, or county.
The Foreclosing Governmental Unit (FGU) requires, as a condition of this application
that the Local Unit agrees to:
• Report any sale or transfer of this property, at any time in the future that it may
occur, within 90 days of such event.
• Provide copies of all transfer documents and financial settlement statements
regarding same, during the same time period.
• Compensate the FGU for any "profit" (as defined in MCL 211.78m) in this same
time period.
These conditions must be agreed to by the Applicant, and will be made
covenants/restrictions to such transfer In the conveyance document.
u ~11ut·i-emsxegon "ty-1 reasur 1L:HU4b~4::I
.• ~~-~~- ~~ ~~:
The Applicant rn agrees •
does not agree to the tenns disclosed above, and consents
to their inclusion in the documents of conveyance .
Submitted by :
Signature: _________ _ _ _ _ _ _ _ __
Name and official capacity:
Stephen J. Warmington
Mayor
Application dated : I I
ForFGUUse:
Received: I I D Before D During D After • allowed period .
Reviewed: / /
Reply Date: / I
Response: D Approved D Denied
Comments:
NOTICE TO MUSKEGON COUNTY TREASURER, TONY MOULATSIOTIS,
fflE FORECLOSING GOVERNMENTAL UNIT, OF ELECTION TO
PURCHASE FORECLOSED PROPERTY
The CITY OF Muskegon hereby notifies Tony Moulatsioris, Muskegon
County Treasurer and Muskegon County Foreclosing Governmental Unit, that it intends
to purchase for a public purpose property located in the city described as:
Pan::cl# 24-673-001-0011-oo
Property Address: 3545 Marina View Point
Legal Description: City of Muskegon Marina View Point
Unit 11 Dock A
(you may attach printout from assessment roll in lieu of typing in
legal description here)
The purchase price is $ $3,236.43 which amount is the minimum bid as is
defined in MCL 211.78m (II).
The city agrees to pay a fee in the amount of $10.00 to cover the cost of recording the
deed transferring the above described property.
The public pUipose for which the property is being purchased is:
To lease, alternate transient slips for Hartshorn customers,
or to use as a possible satellite fire/sheriff's boat dock.
The city agrees to notify the Foreclosing Governmental Unit (Muskegon County
Treasurer) at least seven days before the event if it ever sells or transfers to a third party
all or any part of the above described property. Further, the city understands and agrees
that if it should ever sell the purchased property above described for an amount in excess
of tlie minimum bid and all costs incurred relating to demolition, renovation,
improvements or infrastructure development, the excess amount shall be returned to the
Muskegon County Treasurer for deposit into the delinquent tax property sales proceeds
account for the year in which the property was purchased by the said city.
Upon the request of the Foreclosing Governmental Unit, the city shall provide. without
cost to the Foreclosing Governmental unit information regarding any subsequent sale or
transfer of the above described property. The information shall be provided within seven
days of receipt of the request.
The election by the said city is made subject to any prior right of election vested in the
State of Michigan.
H:1Word\FOJIMSIFOJIECLOSU/1£SIPUII.CHASE AGR.EEM£N1V'urcha,eAgreeme111 afFrc Properiy for Ciiy.doc
The city understands that neither Muskegon County or Tony Moulatsiotis, either
individuaJly and/or as Muskegon County Treasurer and/or as the Foreclosing
Governmental Unit, makes any warranty of any kind as to the title transferred to the city
and will not indemnify, defend, save nor hold hannless the city from any or all claims,
liabilities, damages, losses, suits, fines, penalties, demands or expenses, including costs
of suit and attorney fees, incurred by the said city because of or related to its election to
purchase the property above described.
The city agrees to indemnify, defend, save and hold hannless Muskegon County and
Tony Moulatsiotis, individually and/or as Muskegon County Treasurer and/or as
Foreclosing Governmental Unit, from any and all claims, liabilities, damages, losses,
suits, fines, penalties, demands and expenses, including costs of suit and attorney fees,
which Muskegon County and/or Tony Moulatsiotis, individually and/or as Muskegon
County Treasurer and/or as Foreclosing Governmental Unit incurred because of or
related to the election of the city to purchase the property above described.
City of Muskegon
Name of Local Unit
Date: 6-/ 0 - of Warmington
·-~ Name
Date: b - / tJ - c? Ann Marie Becker, MMC
Clerk Name
~ (h ~A\
Clerk Signature
\S;,,A)h
H:\'WrmJIFORMSIFORECLOSURESIPURCHASE AGREEM£N'I1Purcl,~-e Agreement off'rc f>roperty for City.doc
Application to obtain Real Estate for Public Purpose
Pursuant to Michigan Compiled Laws, Section 211.78m
Name, Address, Phone number and Contact Person of Local Unit making annlication:
City of Muskegon
933 Terrace St.
Muskegon, MI 49440
Hope Mitchell (231) 724-6938
Parcel Information:
Tax ID#: 24-673-001-0011-00
County: Muskegon @Village/Township Name: Muskegon
Street address: 3545 Marina View Point
Public Purnose for acquirioe this oronertv is (describe in derail):
To lease, alternate transient slips for Hartshorn
customers, or to use as a possible satellite fire/
sheriff's boat dock.
This acquisitlon (lg has D has not been specifically authorized by resolution of the
governing body of the Local Unit. (Attach mio11tes and resolution)
The Local Unit D does IZI does not plan to resell or transfer this property to another
person, entity or group.
Entity is:
0 Individual(s) 0 A non-profit entity D A for Profit entity
IZl A government Board, Commission, Agency or Department.
Name and address of Purchaser (if known at this time):
If property is being sold or transferred, please state end-users Public Purpose of this
property:
Will property be returned to the tax roll within 24 months?
• Yes 0No
Applicable regulation Dis,;losure:
The Foreclosing Governmental Unit (FGU) discloses that MCL 211.78m requires:
• That a sale/transfer under this section must be for a "Pnblic Purpose";
• That if the property is sold or transferred at a profit (as therein defined), that such
profit MUST be returned to the FGU and deposited in its delinquent tax
property sales proceeds account for the year in which the property was purchased
by the city, village, township, or county.
The Foreclosing Governmental Unit (FOU) requires, as a condition of this application
that the Local Unit agrees to:
• Report any sale or transfer of this property, at any time in the future that it may
occur, within 90 days of such event.
• Provide copies of all transfer documents and financial settlement statements
regarding same, during the same time period.
• Compensate the FGU for any "profit" (as defined in MCL 2 I I. 78m) in this same
time period.
These conditions must be agreed to by the Applicant, and will be made
covenants/restrictions to such transfer in the conveyance document.
.
,
The Applicant 0 agrees •
does not agree to the tenns disclosed above, and consents
to their inclusion in the documents of conveyance .
Submitted by :
Signature: __________________
Name and official capacity:
Stephen J. Warmington
Mayor
Application dated : I I
ForFOUUse:
Received: I I D Before D During • After • allowed period .
Reviewed: / /
Reply Date: I I
Response: • Approved D Denied
Comments:
Commission Meeting Date: June 10, 2008
Date: June 3, 2008
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.Q?
RE: Public Hearing - Request to revoke the Obsolete Property
Rehabilitation Certificate - Kirksey Investment Corporation
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, the City of Muskegon
requests that the Obsolete Property Rehabilitation Certificate for Kirksey Investment Corporation
at 1133 W Western Ave be revoked. The certificate was issued on May 9 2006, and the property
owner failed to rehabilitate the building within the twelve (12) month deadline.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution revoking the Obsolete Property Rehabilitation Certificate
COMMITTEE RECOMMENDATION:
None
6/3/2008
Resolution No. - - -
MUSKEGON CITY COMMISSION
RESOLUTION REVOKING THE OBSOLETE PROPERTY REHABILITATION
EXEMPTION CERTIFICATE NO 3-06-0062
KIRKSEY INVESTMENT CORPORATION
WHEREAS, The City of Muskegon issued an Obsolete Property Rehabilitation Exemption
Ce1iificate to Kirksey Investment Corporation on May 9, 2006; and
WHEREAS, the resolution states that the applicant shall have twelve (12) months to complete
the rehabilitation. It shall be completed by May 9, 2007, or one year after the Certificate is
issued, whichever occurs later.
WHEREAS, appropriate certified notice has been sent to Kirksey Investment Corporation on
May 29, 2008, notifying the company of the intent to revoke the Obsolete Property
Rehabilitation Certificate.
NOW THEREFORE BE IT RESOLVED by the Muskegon City Commission that Obsolete
Prope1iy Rehabilitation Exemption Certificate 3-06-0062, for Kirksey Investment Corporation, is
revoked.
Adopted this _ _ day of June, 2008
Ayes:
Nays:
Absent
By:-----------
Stephen J. Warmington
Mayor
Attest: _ _ _ _ _ _ _ _ _ __
Ann Marie Becker
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on June I 0, 2008.
By:-----------
Ann Marie Becker
City Clerk
CITY OF MUSKEGON
LEGAL NOTICE
NOTICE IS HEREBY GIVEN that a public hearing will be held concerning the
revocation of an Obsolete Property Rehabilitation Exemption Certificate from
Kirskey Investment Corporation, 1204 W Western Ave, as provided by Public Act 146 of
the Michigan Public Acts 2000, as amended, has been set for Tuesday, June I 0, 2008 at
5:30 p.m. at the Muskegon City Hall, 933 Te!Tace Street, Muskegon, Michigan, at which
time the applicant, the City Assessor, and representatives of the affected taxing
jurisdictions will have the opportunity to be heard.
Ann Marie Becker, City Clerk
Publish: ASAP
Date: May 27, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids for:
Beidler Street, Laketon to Southern (H-1577)
SUMMARY OF REQUEST:
Award the Beilder construction contract to Milbocker & Son out of Allegan since they were
the lowest responsible bidder with a total bid price of $520,531.21, see attached bid
tabulation.
FINANCIAL IMPACT:
The construction cost of $520,531.21 plus engineering cost which is estimated at an
additional 15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Milbocker & Sons.
COMMITTEE RECOMMENDATION:
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Date: June 1 O, 2008
To: Honorable Mayor and City Commissioners
From: Ann Becker, City Clerk
RE: Repeal Vehicle for Hire Ordinance
SUMMARY OF REQUEST: At a Worksession meeting held on June 11, 2007, the
Commission considered a request to repeal the Vehicle for Hire Ordinance. At that
time, the Commission determined to license taxicabs for one more year while
Muskegon County established a county-wide licensing requirement. The
Commission indicated they would visit the issue in one year. At the March 11, 2008,
City Commission Meeting it was decided to extend the current licensing for cabs to
June 11, 2008.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: That the Ordinance to Repeal Vehicles for Hire,
Sections 102-200 through 102-260 of the Code of Ordinances be adopted.
COMMITTEE RECOMMENDATION:
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. 2243
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 102, Vehicles for Hire, Sections 102-200 through 102-260 of the Code of Ordinances of
the City of Muskegon concerning the regulation of vehicles for hire is repealed in its entirety.
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron
Nays: -None
- ' - - - - - - - - - - - - -- - - - - - - -- - - - - - - -
Adoption Date: _ _J_un_e_l_0.:_
, _2_0_0_8_ _ __
Effective Date: --=---.:_c_.-=--'--=-=-c=--=-----
June 24, 2008
F irst Reading: ___
J_un_e_l_0---'-,--'--2--'0--'--0-"--8_ __
Second Reading: - --=-N"---/c:. :cA_ __ __ _ __
CITY OF MUSKEGON
By~ h r - - ~ ~ ~JC:'.:\
Ann Marie Becker, MMC
City 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 hue and complete copy of an
ordinance adopted by the Cit Commission of the City of Muskegon, at a regular meeting of the
11
City Commission on the 10t: day of June 2008, at which meeting a quornm
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: June 10 2008
~~~Ann Marie Becker, 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 June 10, 2008, the City Commission of the City of
Muskegon adopted an amendment to Chapter 102, Vehicles for Hire, whereby Sections
102-200 through 102-260 were repealed.
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: June 14, 2008. By_ _ _ _ _ _ _ _ _ _ _ _ _~
Ann Marie Becker, MMC, Its Clerk
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