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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 14, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. EVIP Employee Compensation Policy. FINANCE
C. Time Extension to Pay Outstanding Penalties on Sewer Account.
TREASURER
D. Concession Contract for Concession Building at Pere Marquette Park.
PUBLIC WORKS
E. Dog Beach Wear/Dog Beach Surf Shop – Mobile Vending
Business/Concession Contract for City of Muskegon Parks. PUBLIC
WORKS
F. Environmental Program Grass Cutting. PLANNING & ECONOMIC
DEVELOPMENT
G. Ordinance to Add Electronic Reporting (Safe Reporting) for Resale
Licenses. PUBLIC SAFETY
H. Emergency Response Plan. PUBLIC SAFETY
PUBLIC HEARINGS:
A. 2013 – 2014 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES
B. Amendments to Downtown Development Plan – Terrace Point Landing,
LLC. PLANNING & ECONOMIC DEVELOPMENT
C. Amendment to Brownfield Plan – Terrace Point Landing, LLC.
PLANNING & ECONOMIC DEVELOPMENT
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Agreement for Transportation Services with Wakefield Corporation to
Provide Senor Transit Services. PUBLIC WORKS
B. Reclassification of Water Filtration Plant Supervisor Position. PUBLIC
WORKS
C. Special Event Request Coast West Music Festival. PLANNING &
ECONOMIC DEVELOPMENT
D. New Neighborhood Enterprise Zone District. 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.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD dial 7-1-1 to request a representative to dial (231) 724-6705.
Date: May 14, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the April 23rd City
Commission Meeting and the April 30th Special Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 23, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, April 23, 2013.
Mayor Gawron opened the meeting with a prayer from Mr. George Monroe
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Sue Wierengo, Byron Turnquist, and Lea
Markowski, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2013-34 HONORS AND AWARDS:
A. 2012 Outstanding Citizenship Awards.
Mayor Gawron congratulated Bob Scolnik, Bonnie Witt, and Pastor Samuel
Greer as recipients of the 2012 Outstanding Citizenship Award.
2013-35 INTRODUCTIONS/PRESENTATION:
A. Medication Disposal.
Laura Fitzpatrick from the Muskegon Community Health Project explained the
Medication Disposal Program and thanked the City for their involvement.
2013-36 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the April 8th Commission
Worksession Meeting, and the April 9th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
E. Environmental Program Terrace Clean-up Contract. PLANNING &
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ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for terrace clean-up of public and private
properties previously held by Big Sky Field Services, Inc. had expired on March
31, 2013. A request for bids was advertised and six companies placed bids. Pit
Crew of Grant, MI is the low bidder for a two-year agreement.
FINANCIAL IMPACT: None, funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve a two-year contract with Pit Crew and
to authorize the Mayor and City Clerk to sign the agreements for the terrace
clean-up on properties located within the City.
F. Approval of Building Contract for 1500 Leahy. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To award the building contract for the rehabilitation of
1500 Leahy to JD Fisher Builders for the City of Muskegon’s Neighborhood
Stabilization Program through CNS.
CNS received one bid for the amount of $82,400; the bid has been reviewed by
our spec writer and certified as reasonable “due to the unique characteristics of
the structure”.
FINANCIAL IMPACT: The funding for this project has been secured through the
NSP grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To award JD Fisher Builders the rehabilitation
contract for 1500 Leahy for the Community and Neighborhood Services office.
G. Citizen’s District Council. CITY CLERK
SUMMARY OF REQUEST: To eliminate the position of two representatives from the
CDBG Target Area of the CDC since there is no longer a target
neighborhood/area.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended approval.
H. Aggregates, Highway Maintenance Materials, and Concrete. PUBLIC
WORKS
SUMMARY OF REQUEST:
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Award bid to supply H1/32FA limestone chip blend to Verplank Trucking
Company.
Award bid to supply road slag to Verplank Trucking Company.
Award bid to supply Sylvax patching material to Asphalt Paving.
Award bid for crack sealant to Surface Coatings Co.
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc.
Award bid to supply AE-90 Asphalt Emulsions to Asphalt Materials, Inc.
Award bid to supply screened top soil to Verplank Trucking Company.
Award bid to supply 2NS sand to Yellow Rose Transport.
Award bid to supply 7-sack mix concrete to Port City Redi-Mix.
Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to
Great Lakes Chloride.
FINANCIAL IMPACT: $402,107 based on quantities requested in bid at 2013
quotes.
BUDGET ACTION REQUIRED: None, funds appropriated in several budgets.
STAFF RECOMMENDATION: Approval of bids as outlined in Summary of Request.
I. Grant Application Submittal for Ottawa Street Bridge. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize HRC (engineering firm) to submit a grant
application on behalf of the City seeking grant funds to rehabilitate/replace the
Ottawa Street Bridge in 2016.
FINANCIAL IMPACT: None at this time, however, should the City get the grant it
will be incorporated into future budget.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize HRC to submit the application at no cost
to the City.
J. Approval of the Use & Maintenance of City-Owned Property at 298
Allen Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the use and maintenance of the City-
owned property located at 298 Allen Avenue for a community garden. The
property is buildable, and the City would retain the right to sell the property with
the community garden members having time to remove the garden prior to any
sales.
FINANCIAL IMPACT: The City would save on the cost of maintenance of this
property.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and maintenance
agreement.
K. Dura Patcher. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one new Dura Patcher trailer
mounted patcher and 6,000 gallon emulsion tank from Alta Equipment
Company, the lowest responsible bidder.
This machine will mix hot tar and stone together as you fill a pothole for a much
more durable and longer-lasting patch.
FINANCIAL IMPACT: $103,000.
BUDGET ACTION REQUIRED: None, the amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one new Dura Patcher
machine and tank from Alta Equipment Company.
L. Plow Trucks. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase two new International Cab
and Chassis trucks, these trucks will replace current fleet vehicles that are
approximately 25 years old, unit numbers 40621 and 40622.
FINANCIAL IMPACT: $158,756.06.
BUDGET ACTION REQUIRED: None, the amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase two Cab and Chassis
from West Michigan International Trucks.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
approve the Consent Agenda with the exception of items B, C, and D.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
Gawron
Nays: None
MOTION PASSES
2013-37 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Jay-Boards Concession Contract for City of Muskegon Parks. PUBLIC
WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement with Jason Gorski of Jay-Boards at Pere Marquette
Beach and Harbor Towne Beach located within the City of Muskegon for Stand-
up Paddleboard Rentals/Lessons.
FINANCIAL IMPACT: Contract revenue will be 10% of gross receipts, per
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Concession Agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW staff to enter into a concession
agreement with Jason Gorski of Jay Boards.
C. Bella Dawg Concession Contract for City of Muskegon Parks. PUBLIC
WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement with Steve Hamstra of Bella Dawg at various City of
Muskegon Parks/Facilities located within the City of Muskegon to sell hot dogs
and other minor snacks from a mobile cart.
FINANCIAL IMPACT: Contract revenue will be 10% of gross receipts, per
Concession Agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW staff to enter into a concession
agreement with Steve Hamstra of Bella Dawg.
D. Beverage Vending Contract for Parks/Marina Facilities. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into a three-year contractual
agreement with Pepsi Beverage Company to provide vending service
throughout City Parks and Marina Facilities.
FINANCIAL IMPACT: Commission of 20%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve contract and authorize staff to enter into a
three-year agreement with Pepsi Beverage Company.
Motion by Commissioner Turnquist, second by Vice Mayor Spataro to approve
the contracts with Jay-Boards Concession, Bella Dawg Concession, and Pepsi
Beverage Company.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION PASSES
2013-38 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1770 6TH Street
1597 Park Street
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1691 Smith Street (Area 13)
1170 Allen Avenue (Garage Only)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner German to concur
with the Housing Board of Appeals notice and order to demolish 1770 6th Street,
1597 Park Street, 1691 Smith Street, and 1170 Allen Avenue garage only.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commission commented on dumping at Ruddiman
Creek, potholes in various streets, traffic light at Sanford & Laketon, and
pedestrian control at Apple & Terrace.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:00 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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MUSKEGON CITY COMMISSION
SPECIAL COMMISSION MEETING
APRIL 30, 2013 at 5:30 p.m.
MINUTES
Present: Mayor Gawron, Vice Mayor Spataro, Commissioners Hood, German, Markowski (arrived
5:50 p.m.), Wierengo, and Turnquist.
Discussion With Consultant for City Manager Recruitment
Andrea Sims, consultant for Waters-Oldani Recruitment, gave each Commissioner the opportunity
to state the attributes and characteristics each considered most needed in a City Manager. She will
compile the information to create a profile of the best qualified candidate. A brochure will then be
created to sell the community and give realistic expectations of the City Manager.
A mass mailing will be sent, use several different websites nationwide. All resumes are to be
directed to Ms. Sims who reviews each one. Those with the strongest resumes will receive a
questionnaire. Approximately ten to fifteen resumes will be prioritized and forwarded to the
Commission in booklet format. The Commissioners will be given a weekend to review the resumes.
Once the Commission has narrowed the list of candidates, Ms. Sims will conduct extensive
background checks and forward any information gathered.
Desired Attributes in a Candidate
Commissioner German – Would like an experienced individual that can come right in and move the
City forward. Must have experience with economic development, public safety and health, have a
sense of understanding with urban community development, be able to diversify our police
department, and be reflective of the community as a whole.
Commissioner Wierengo – Must be approachable, share with City Commission, listen to ideas, and
recognize that the commission has a lot of knowledge.
Commissioner Hood – Wants experience, vision to help develop the downtown area, include urban
community in the development, that he/she follows through to make sure those companies issued
tax breaks follow their affirmative action plans, and that the Manager shares information with the
Commission.
Commissioner Turnquist – Experience is a necessity. Needs to appreciate the asset current
department heads are. Have an appreciation that our employees are loyal and very good at their job,
but one or two incidences can break that trust. Wants a Manager who can create positive feelings
about the city and will continue to work on shared services with other municipalities. The Manager
needs to be visible in the community. Wants to see an active recruitment of retail and colleges to
the area.
Vice Mayor Spataro – Muskegon is the core City for the County with 39,000 residents.
The role that we play is much larger than the size of our city. The relationships we have with
surrounding municipalities is important. The City Manager is very visible. We are a very well run
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city. A recent study says we are in the top ten for our size population in the State for economic
stability. We need someone who is a good Manager but can move the city forward as well. We need
to grow our tax base and continue to maintain the sound financial situation we have and continue to
grow the city.
Mayor Gawron – Bryon’s willingness to partner with other communities and the citizens has been a
great asset for the city. The right candidate needs to be focused on our financial integrity and
expertise. Dedication of our staff and a good working relationship is a must. Needs to continue to
develop staff talent and teamwork. Needs a good sense of public relations. Should not pander to
the Commission, but give straight talk. Must be a strong leader. Someone who can take all the ideas
and energy and help drive it. Major areas of concern include budget, ability to drive downtown
lakefront and clean-up, retain and expand manufacturing jobs, and expand on our recreational
offerings as well.
Commissioner Markowski – The City needs someone who will communicate openly and effectively,
makes all the information accessible to Commissioners, and doesn’t let them feel that everything
happens in the office. They need to encourage businesses, especially those that offer a good quality
of life environmentally.
Ms. Sims – Are you comfortable with a full national recruitment? Yes
Vice Mayor Spataro wants someone who will stay five to ten years.
Commissioner Markowski – They need to be opened to change and making sure it’s positive and
well executed.
Commissioner German – They have to have a vision. Communication, relationships, and involving
department heads more and their insight.
Ms. Sims – we like to take about 60 days to present candidates. Thorough background checks will
be conducted.
Commissioner Markowski – What professions are the best candidates from?
Ms. Sims – Executive Directors, Economic Development, City Managers, Deputies, Assistant, and
County Management.
Mayor Gawaron asked if Ms. Sims would guide the Commission in an appropriate salary. She
indicated she would and the Commission will also know how much the candidates are currently
making.
Commissioner Turnquist asked what the triple guarantee is. If the person leaves within a year, they
will provide another search for free.
Vice Mayor Spataro – A candidate has to be able to work with bargaining units.
Ms. Sims indicated she would market the city’s strengths including its reasonable size community,
high quality of life, there are opportunities to make a difference and see a change.
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Discussion about a brochure took place. The brochure is what starts the process of advertising a
position. The Commission needs to come to some kind of agreement on how it’s going to be put
together.
Ms. Sims indicated she will need the Commission’s feedback within a week. The proof will be here
next Tuesday. The Commission agreed to review the brochure at the Worksession meeting on May
13, 2013.
Mr. Mazade asked who the point of contact should be for the City. He indicated that he didn’t
believe it should be him.
It was suggested that it should be the City Clerk or City Attorney. The Commission will decide at its
Worksession Meeting.
Adjourn 6:41 p.m.
______________________________
Ann Marie Cummings, MMC
City Clerk
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Date: May 14, 2013
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: EVIP Employee Compensation Policy
SUMMARY OF REQUEST: Since the Economic Vitality Incentive Program (EVIP)
was introduced in 2011, requirements the City must meet to comply with the program have
been changed several times. Some of the most important EVIP issues involve employee
compensation and benefit matters. The changing EVIP requirements have created confusion
and uncertainty among employees with regard to the City’s intentions and employees’ future
retirement planning. The attached EVIP Employee Compensation Policy is intended to clarify
the City’s approach to achieving EVIP compliance.
FINANCIAL IMPACT: The EVIP program replaced the former statutory revenue
sharing program. EVIP revenues currently amount to $1,033,845 annually for the city –
contingent upon the City fully complying with EVIP requirements. Failure to comply with
EVIP program requirements would mean loss of some or all of this funding.
BUDGET ACTION REQUIRED: No budget action is required.
Approval of the attached EVIP Employee
STAFF RECOMMENDATION:
Compensation Policy.
COMMITTEE RECOMMENDATION: No committee action was taken.
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EVIP Employee Compensation Policy
The employee compensation component of the state’s Economic Vitality Incentive
Program (EVIP) includes the following criteria related to defined benefit pension plans
that local units desiring to qualify for EVIP funding must intend to implement, with any
new, modified, or extended contract or employment agreement:
1. For defined benefit pension plans, final average compensation for all employees is
to be calculated using a minimum of 3 years of compensation and shall not
include more than a total of 240 hours of paid leave. (City currently meets this
criterion with 5 of 6 employee groups.)
2. Overtime hours shall not be used in computing the final average compensation for
an employee. (City currently meets this criterion with 4 of 6 employee groups.)
3. For defined benefit pension plans, a maximum multiplier of 1.5% for all
employees who are eligible for social security benefits, except, where
postemployment health care is not provided, the maximum multiplier shall be
2.25%. (City does not currently meet this criterion with the 3 employee groups
having social security benefits.)
4. For all employees who are not eligible for social security benefits, a maximum
multiplier of 2.25%, except, where postemployment health care is not provided,
the maximum multiplier shall be 3.0%. (City does not currently meet this
criterion with the 3 employee groups not having social security benefits.)
In 2012, the employee compensation component of EVIP was changed to give local units
an optional way to qualify for EVIP funding: by certifying to the Michigan Department
of Treasury that they are in compliance with 2011 PA 152.
PA 152 is the law that creates a “hard cap” on the amount a public employer may
contribute to a medical benefit plan for its employees. PA 152 provides an option to elect
an 80% employer contribution cap rather than the hard cap, and it contains a provision
allowing local units to opt-out entirely through annual passage of an exemption resolution
approved by a 2/3 vote of the governing body. Compliance with PA 152 through any of
these avenues now meets the qualification criteria of the employee compensation
component of EVIP.
The City of Muskegon’s employer cost for employee healthcare currently is below the
hard caps established through PA 152 and, so, the City is in compliance with this law and
can thereby qualify for EVIP funding through this option.
Given these circumstances, the City’s policy with regards to future qualifying for the
employee compensation component of the state’s Economic Vitality Incentive Program
(EVIP) is recommended to be as follows:
1. So long as the City’s employer healthcare costs remain under the “hard cap”
limits of PA 152, the City intends to qualify for the employee compensation
component of EVIP funding by certifying to the Michigan Department of
Treasury that the City is in compliance with 2011 PA 152.
2. Notwithstanding the above, the City intends to continue to implement, with any
new, modified, or extended contract or employment agreement EVIP employee
compensation criteria 1 & 2 (as enumerated above) for employee groups not in
compliance with these criteria.
3. Should the City’s future employer healthcare costs exceed the “hard cap” limits of
PA 152, the City Commission will seek to qualify for the employee compensation
component of EVIP funding through one or more of the following:
a. By utilizing the “Employee Compensation Plan Option” and intending
to implement, with any new, modified, or extended contract or
employment agreement EVIP employee compensation criteria 1 through 4
(as enumerated above) as well as all other EVIP standards; or,
b. By utilizing the “Public Act 152 of 2011 Option” and electing the 80%
employer healthcare cost contribution cap; or,
c. By utilizing the “Public Act 152 of 2011 Option” and annually
exempting the City from PA 152 by a 2/3’s vote of the Commission.
4. Further, in line with the spirit and intent of EVIP and consistent with the closure
of the City’s defined benefit pension plans to new employees, the Commission
will not support future enhancements to defined benefit pension benefit levels or
terms of retirement.
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: May 14, 2013
SUBJECT: Dog Beach Wear/Dog Beach Surf Shop-Mobile Vending Business/Concession
Contract for City of Muskegon Parks.
SUMMARY OF REQUEST:
Staff is asking permission to enter into 1-year contractual agreement with Dan Bailey of Dog
Beach Wear/Dog Beach Surf Shop at Pere Marquette Park, located within the City of Muskegon,
to sell towels, shirts, lotion, boards, pails, inflatables and other various items as outlined in the
attached proposal, from a mobile van.
FINANCIAL IMPACT:
Contract revenue will be 10% of gross receipts, per Mobile Vending Business/Concession
Contract.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize DPW staff to enter into a 1-year Mobile Vending Business/Concession Contract with
Dan Bailey of Dog Beach Wear/Dog Beach Surf Shop.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: May 14, 2013
Date: May 3, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Environmental Program Grass Cutting
SUMMARY OF REQUEST:
The contract for grass cutting of City owned vacant property located in
the south McLaughlin neighborhood.
FINANCIAL IMPACT:
None - Funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:
To approve a 2 year contract with Community encompass/YEP program
and to authorize the Mayor and City Clerk to sign the agreements, for
the grass mowing of City owned vacant property in the south
McLaughlin Neighborhood.
COMMITTEE RECOMMENDATION: None
Planning Department
Memo
To: Honorable Mayor and City Commission
From: Hope Mitchell, Code Coordinator
Date: May 3, 2013
Re: Environmental grass cutting of City owned vacant property in the south McLaughlin
neighborhood
Last year our former Mayor Steve Warmington had asked staff to try to work with Community
enCompass’ YEP program. This contract is only for cutting the grass of certain vacant properties that
the City owns in the south McLaughlin neighborhood. Attached you will find a map of the City owned
parcels. The parcels that have an “X” on them are already community gardens so they will not be
included in this. This contract is for 11 properties. The City reserves the right to sell the properties
during the term of this contract. If they are sold; they will no longer be part of the contract.
YEP stands for Youth Employment/Empowerment Program. The ages are high school through 24
years of age.
Page 1
Two year contract bid tabulations:
Company Name: Fee to pick up Fee to pick up ½ Fee to pick up 1-
the first ½ ton to 1 ton 2 tons
Pit Crew $20.00 $32.00 $43.00
Big Sky Field $35.00 $45.00 $55.00
Services Inc
Freelance $60.00 $90.00 $120.00
Preferred Lawn Care $100.00 $150.00 $200.00
Ground Control $120.00 $220.00 $330.00
Property MGMT
Son’s & Sanford $150.00 $175.00 $200.00
Hauling
Fee to pick up over 2 tons will be determined on a case by case basis.
Page 2
Commission Meeting Date: May 14, 2013
Date: May 2, 2013
To: Honorable Mayor and City Commissioners
From: Jeffrey A. Lewis, Director of Public Safety
RE: Ordinance to Add Electronic Reporting for Resale Licenses
SUMMARY OF REQUEST:
Chapter 50, Licenses, Code of Ordinances of the City of Muskegon is amended to
include the following new Article VI concerning electronic reporting for pawn brokers,
second hand or junk dealers and precious metal/gem dealers.
The purpose of this article is to improve the system of reporting to law enforcement
officials all items collected by pawn brokers, second hand dealers and precious
metal/gem dealers for the purpose of aiding law enforcement in locating and retrieving
stolen property.
FINANCIAL IMPACT:
None.
STAFF RECOMMENDATION:
To approve the ordinance as presented.
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 50, Licenses, Code of Ordinances of the City of Muskegon is amended to include the
following new Article VI concerning electronic reporting for pawn brokers, second hand or junk
dealers and precious metal/gem dealers.
Article VI. Electronic Reporting:
Pawn Shops, Second-Hand Dealers and Precious Metal/Gem Dealers
Sec. 50-201. Purpose of article.
The purpose of this article is to improve the system of reporting to law enforcement officials all
items collected by pawn brokers, second hand dealers and precious metal/gem dealers for the
purpose of aiding law enforcement in locating and retrieving stolen property.
Sec. 50-202. Electronic Filing Required.
Pursuant to state statues, MCL §§ 445.404, 445.405, 446.205 and 445.484, second hand or junk
dealers, pawnbrokers, and precious metal and gem dealers are all required to keep detailed
records of all articles received during the course of business and to send a copy of all such
records to local law enforcement.
All such required reports shall be submitted electronically using the services of an electronic
reporting service company selected by the City. All such filings shall comply with all
requirements regarding the specific information to be supplied and time frame for doing so, as
outlined within the applicable state statue. Each transaction report shall include a digital
photograph of the article attached to the electronic transfer.
Sec. 50-203. Penalty.
If a pawn broker, secondhand or junk dealer, or a precious metal/gem dealer does not comply
with this ordinance and/or any applicable state law, their license may be revoked for a period of
up to one year. In addition, violation of this ordination shall result in the imposition of a civil
fine, pursuant to Section 2-204 of the City of Muskegon Code of Ordinances, Schedule of Civil
Fines.
This ordinance adopted:
Ayes: __________________________________________________________
Nays: __________________________________________________________
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By: ______________________________
Ann Cummings, MMC, Its Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the day of , 2013, at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: , 2013
_______________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2013, the City Commission of the City
of Muskegon adopted an amendment to Chapter 10, Licenses, whereby Article VI was added.
Section 50-201 indicates the purpose of the ordinance is to improve the system for reporting as
required by state law for all pawn brokers, second-hand dealers and precious metals/gems
dealers.
Section 50-202 requires that the reporting be done electronically using the services of an
electronic reporting service company selected by the City, and in compliance with state statue.
Each transaction report shall include a digital photograph of the article attached to the electronic
transfer.
Section 50-203 indicates that penalties for failure to comply with the electronic reporting
ordinance include civil fines pursuant to the fine schedule outlined in Section 2-204 of the Code
license revocation for a period up to one year.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2013 By: ______________________________
Ann Cummings, MMC, Its Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 2, Administration, Article V, Civil Infractions, Section 2-204, Schedule of civil fines
established, Code of Ordinances of the City of Muskegon is amended as follows to include the
fine for violation of Section 50-203, for failure to electronically report all articles received by
pawn shows, second-hand dealers and precious gems/metals dealers.
Sec. 2-204. Schedule of civil fines established.
(a) A schedule of civil fines payable to the bureau for admissions of responsibility by
persons served with municipal ordinance violation notices is established by this article.
The schedule shall be as follows:
TABLE INSET:
Section Subject First First Second
Offense Repeat* Repeat**
6-2 Animals $100.00 $200.00 $500.00
10-31 Construction codes 100.00 250.00 500.00
10-102 Dangerous buildings 100.00 250.00 500.00
10-131 Demolition of buildings 100.00 250.00 500.00
10-225 Moving of buildings 100.00 250.00 500.00
10-282 Property maintenance code 100.00 250.00 500.00
14-32 Cemeteries 100.00 250.00 500.00
22-35 Defective alarm systems 100.00 250.00 500.00
26-32 Noise 100.00 250.00 500.00
30-101 Fire codes 100.00 250.00 500.00
34-35 Smoking 25.00 50.00 100.00
38-37 Historic districts 25.00 50.00 100.00
42-32 Fair housing 200.00 300.00 500.00
50-2 Business license 100.00 250.00 500.00
50-203 Electronic filing requirement- pawn shops 100.00 250.00 500.00
54-241 Curfew for underage persons 50.00 100.00 200.00
54-283 Parental responsibility 100.00 250.00 500.00
58-1 Alcoholic beverages in parks or playgrounds 50.00 100.00 200.00
70-3 Solid waste 100.00 250.00 500.00
74-1 Streets, sidewalks and public property 50.00 100.00 200.00
74-116 Street numbers for buildings 25.00 50.00 100.00
78-34 Subdivisions 100.00 250.00 500.00
92-33 Pedestrians remaining in street 25.00 50.00 100.00
(7.18)
92-56 Junk vehicles 100.00 250.00 500.00
94-1 Utilities 100.00 250.00 500.00
98-1 Vegetation 25.00 50.00 100.00
98-38 Noxious weeds 100.00 250.00 500.00
102-1 Vehicles for hire 50.00 100.00 200.00
Zoning 100.00 250.00 500.00
TABLE INSET:
* First repeat means a repeat of the offense by the same person or persons in concert within 24 months of the first
offense.
** Second repeat means a repeat of the offense by the same person or persons in concert within 24 months of the
first repeat offense.
__________
(b) A copy of the schedule, as amended from time to time by ordinance, shall be posted at
the bureau.
This ordinance adopted:
Ayes: __________________________________________________________
Nays: __________________________________________________________
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By: ______________________________
Ann Cummings, MMC, Its Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the day of , 2013, at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: , 2013
_______________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2013, the City Commission of the City
of Muskegon adopted an amendment to Chapter 2, Section 2-204 whereby the fine for failure to
report electronically as required for all pawn shops, second-hand dealers and precious
metals/gems dealers was added. Section 2-204 now reflects that a violation of Section 50-203
shall result in a fine of $100 for the first offense, $250 for the first repeat offense and $500 for
the second repeat offense.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2013 By: ______________________________
Ann Cummings, MMC, Its Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
Commission Meeting Date: May 14, 2013
Date: May 2, 2013
To: Honorable Mayor and City Commissioners
From: Jeffrey A. Lewis, Director of Public Safety
RE: Emergency Response Plan
SUMMARY OF REQUEST:
The City of Muskegon has elected to be incorporated into the Muskegon County Emergency
Management Program. By becoming part of the county emergency management program, the
City of Muskegon and the County of Muskegon have certain responsibilities to each other. This
Support Emergency Operations Plan has been developed to identify the responsibilities
between the City of Muskegon and the County of Muskegon in regards to pre-disaster
emergency management activities.
FINANCIAL IMPACT:
None.
STAFF RECOMMENDATION:
To approve the resolution as presented.
CITY OF MUSKEGON
EMERGENCY OPERATIONS PLAN
CONTACT LIST
Function Agency Contacts Phone
Mayor Stephen Gawron Office:
Direction and Control
231 724-6701
Cell:
231 855-3147
City Manager Bryon Mazade Office:
231 724-6724
Cell:
231 206-6044
Public Safety Director Jeff Lewis Office:
231 724-6954
Cell:
231 215-1607
Acting Ass’t Fire Chief Ken Chudy Office:
Fire Services
231 724-6795
Cell:
231 206-5270
Battalion Chief Gordon Cole Office:
231 724-6795
Cell:
616 638-4827
Battalion Chief Ron Linstrom Office:
231 724-6795
Cell:
231 206-5269
Public Safety Director Jeff Lewis Office:
Law Enforcement
231 724-6954
Cell:
231 215-1607
Captain Patrol Services Office:
231 724-6740
Cell:
231 206-1681
Captain Investigative Office:
Services 231 724-6751
Cell:
231 215-0912
Executive Director David McCastle Office:
Warning and
231 722-3524
Communications
Cell:
231 955-0911
Operations Manager Shawn Grabinski Office:
231 722-3524
Cell:
231 955-0912
City Manager Bryon Mazade Office:
Public Information
231 724-6724
Cell:
231 206-6044
DPW Director Al-Shatel Office:
Damage Assessment
Mohammed 231 724-6994
231 724-6944
Cell:
231 638-0141
DPW Director Al-Shatel Office:
Public Works
Mohammed 231 724-6994
231 724-6944
Cell:
231 638-0141
DPW Superintendent Doug Sayles Office:
231 724-6993
Cell:
231 855-0330
Pager:
231 339-0417
DPW Superintendent David Smith Office:
231 724-6989
Cell:
231 855-0327
Pager:
231 339-1826
Operation Manager- Rich Duell Office:
Emergency Medical Services
Professional Med Team 231 720-1410
Ambulance Cell:
231 740-7981
Director of Planning Cathy Brubaker- Office:
Human Services
Clarke 231 724-6980
Cell:
231 855-0335
CITY OF MUSKEGON
Emergency Management Resolution
A resolution to provide for the mitigation, preparedness, response and recovery from natural
and human-made disasters within City of Muskegon by being part of the Muskegon County
emergency management program; to appoint the Muskegon County Emergency Services
Director as the City of Muskegon emergency management coordinator; to provide for a means
for coordinating the resources of the municipality with those of the county; and to provide a
means through which the City Council of Muskegon may exercise the authority and discharge
the responsibilities vested in them by this resolution and Act No. 390 of the Public Acts of 1976,
as amended.
Article 1 - Short Title
Section 101. This resolution shall be known as the “Emergency Management Resolution”.
Article 2 – Definitions
Section 201. For the purpose of this resolution, certain words used herein are defined as
follows:
(a) “Act” means the Michigan Emergency Management Act, Act No. 390 of the Public
Acts of 1976, as amended.(b) “Disaster” means an occurrence or threat of
widespread or severs damage, injury or loss of life or property resulting from a
natural or human-made cause, including but not limited to, fire, flood, snowstorm,
ices storm, tornado, windstorm, wave action, oil spill, water contamination, utility
failure, hazardous peacetime radiological incident, major transportation accident,
hazardous materials incident, epidemic, air contamination, blight, drought,
infestation, explosion, or hostile military action or paramilitary action, or similar
occurrences resulting from terrorist activities, riots, or civil disorders.
(c) “Disaster relief force” means all agencies of county and municipal government,
private and volunteer personnel, public officers and employees, and all other
persons or groups of persons identified in the Muskegon County Emergency
Operations Plan as having duties to perform or those called into duty or working at
the direction of a party identified in the plan to perform a specific disaster or
emergency related task during a local state of emergency.
(d) “District Coordinator” means the Michigan Department of State Police District
Emergency Management Coordinator. The District Coordinator serves as liaison
between local emergency management programs and the Michigan State Police,
Emergency Management Division in all matters pertaining to the mitigation,
preparedness, response and recovery of emergency and disaster situations.
(e) “Emergency management coordinator” means the person appointed to coordinate
all matters pertaining to emergency management within the municipality. The
emergency management coordinator for Muskegon is the Muskegon County
emergency services Director.
(f) “Emergency management program” means a program established to coordinate
mitigation, preparedness, response and recovery activities for all emergency or
disaster situations within a given geographic area made up of one or several
political subdivisions. Such a program has an appointed emergency management
coordinator and meets the program standards and requirements established by the
Department of State Police, Emergency Management Division. The City of
Muskegon has elected to be part of the Muskegon County Emergency
Management Program.
(g) “Emergency operations plan” means the plan developed and maintained by county
and political subdivisions included in the emergency management program area for
the purpose of responding to all emergency or disaster situations by identifying and
organizing the disaster relief force.
(h) “Governor’s state of disaster” means an executive order or proclamation by the
Governor that implements the disaster response and recovery aspects of the
Michigan Emergency Management Plan and applicable local plans of the county or
municipal programs affected.
(i) “Governor’s state of emergency” means an executive order or proclamation by the
Governor that implements the emergency response and recovery aspects of the
Michigan Emergency Management Plan and applicable local plans of the county or
municipal programs affected.
“Local state of emergency” means a declaration by the Mayor1 pursuant to the act
(j)
and this resolution which implements the response and recovery aspects of the
Muskegon County Emergency Operations Plan and authorizes certain actions as
described in this resolution.
(k) “Vital records” means those records that contain information needed to continue
the effective functioning of a government entity City of Muskegon and for the
protection of the rights and interests of persons under emergency conditions in the
event of an emergency or disaster situation.
Article 3 - Emergency Management Coordinator; Appointment
Section 301. By the authority of this resolution the Mayor hereby appoints the Muskegon
County Emergency Services Director as the emergency management coordinator for the City of
Muskegon.2 In addition to acting for, and at the direction of, the Chairperson of the Muskegon
County Board of Commissioners the Emergency Services Director will also act for, and at the
direction of, the Mayor.3
Section 302. A line of succession for the Muskegon County Emergency Services Director has
been established and is listed in the City of Muskegon Emergency Operations Plan.
1
According to Act 390, as amended, sec. 10 (1) (b) any county or municipality that has an appointed
emergency management coordinator can declare a local state of emergency. This power is given to the
“chief executive official” (see definitions in the act) or the official designated by charter.
2
Act 390, as amended, sec. 7a (4) gives the Emergency Management Division the authority to
promulgate several standards and requirements
3
Act 390, as amended, sec. 9 (1-3) states that the appointed county coordinator shall act for and at the
direction of the chairperson or county executive. It also says that a coordinator appointed by a
municipality shall act for and at the direction of the “chief elected official” (see definitions in the act) or the
official designated by the municipal charter.
Article 4 - Emergency Management Coordinator; Duties
Section 401. The Emergency Management Coordinator shall comply with standards and
requirements established by the Department of State Police, Emergency Management Division,
under the authority of the act, in accomplishing the following.4
(a) Direct and coordinate the development of the Muskegon County Emergency
Operations Plan, which shall be consistent in content with the Michigan Emergency
Management Plan.
(b) Specify departments or agencies which must provide an annex to the plan or
otherwise cooperate in its development.
(c) Identify departments and agencies to be included in the Emergency Operations
Plan as disaster relief force.
(d) Develop and maintain a county Resource Manual.
(e) Coordinate the recruitment, appointment, and utilization of volunteer personnel.
(f) Assure the emergency management program meets eligibility requirements for
state and federal aid.
(g) Coordinate and/or conduct training and exercise programs for the disaster relief
force within the county and to test the adequacy of the Emergency Operations
Plan.
(h) Through public information programs, educate the population as to actions
necessary for the protection of life and property in an emergency or disaster.
(i) Assist in the development of mutual aid agreements.
(j) Assist the City of Muskegon municipal liaison with the development of municipal
standard operating procedures which are consistent with the county Emergency
Operations Plan.
(k) Oversee the implementation of all functions necessary during an emergency or
disaster in accordance with the Emergency Operations Plan.
(l) Coordinate county emergency management activities with those municipalities
included in the county emergency management program, other municipalities, the
state, and adjacent counties.
(m) Coordinate all preparedness activities, including maintaining primary and alternate
Emergency Operations Centers.
(n) Identify mitigation opportunities within the county and encourage
departments/agencies to implement mitigation measures.
Article 5 - Emergency Management Liaison; Duties
Section 501. By the authority of this resolution the Mayor or other official designated in the
municipal charter has appointed a liaison for the purpose of assisting the Muskegon County
Emergency Services Director in coordinating the emergency management activities within the
municipality. The duties of the liaison are as follows:
4
Act 390, as amended, sec. 7a (4) gives the Emergency Management Division the authority to
promulgate several standards and requirements.
(a) Coordinate municipal emergency management activities with those of the county
jurisdictions.
(b) Assist the Muskegon County Emergency Services Director with the development of
the county Emergency Operations Plan and the incorporation of municipal
resources into the plan.
(c) Identify municipal departments and agencies to be included in the Emergency
Operations Plan as part of the disaster relief force.
(d) Identify municipal resources and forward information to the county Emergency
Services Director for inclusion in the county Resource Manual.
(e) Coordinate the recruitment, appointment, and utilization of volunteer resources.
(f) Assist the county Emergency Services Director with administering training
programs.
(g) Coordinate municipal participation in exercises conducted by the county.
(h) Assist in the development of mutual aid agreements.
(i) Assist in educating the population as to actions necessary for the protection of life
and property in an emergency or disaster.
(j) Encourage departments/agencies within the municipality to identify and implement
procedures to mitigate the effects of potential disasters.
(k) Assist in the assessment of the nature and scope of the emergency or disaster and
collect damage assessment information and forward to the county.
(l) Coordinate the vital records protection program.
(m) Develop municipal standard operating procedures for disaster response which are
consistent with the Muskegon County Emergency Operations Plan.
Section 502. The Mayor shall appoint a minimum of two persons as successors to the position
of the municipal liaison. The line of succession shall be supplied to the county Emergency
Management Coordinator.
Article 6 - Mayor Powers; Duties
Section 601. On an annual basis, the Mayor shall review the eligibility and performance of the
Emergency Services Director and make recommendations to the City Council4.
Section 602. The Mayor shall, review the effectiveness of the Muskegon County Emergency
Operations Plan as the plan relates to the municipality once every two years. With the
assistance of the municipal liaison, he\she shall make recommendations to the Muskegon
County Emergency Services Director of any changes which may be needed. After this review
and incorporation of necessary changes, the Mayor shall certify the plan to be current and
adequate for the City of Muskegon the ensuing two years.5
Section 603. When circumstances within the City of Muskegon indicate that the occurrence or
threat of occurrence of widespread or severe damage, injury or loss of life or property from
natural or human-made cause exists the Mayor may declare a local state of emergency.1 Such
a declaration shall be promptly filed with the Muskegon County Emergency Services Office, who
shall forward it to the Department of State Police, Emergency Management Division. This
5
Rule 4 (c) (d-q) of the administrative rules promulgated for Act 390, sec. 19 states that the plan shall be
considered official upon bearing the signature of the chief executive official of the municipality. The plan
must be current and adequate (see rule) within two years.
declaration shall not be continued or renewed for a period in excess of 7 days except with the
consent of the City Council.6
Section 604. If the Mayor invokes such power and authority, he/she shall, as soon as
reasonably expedient, convene the City Council for one or more emergency meetings in
accordance with the Open Meetings Act to perform its normal legislative and administrative
duties as the situation demands, and will report to that body relative to emergency activities.
Nothing in this resolution shall be construed as abridging or curtailing the powers of the City
Council unless specifically provided herein.
Section 605. Mayor may do one or more of the following under a local state of emergency:
(a) Direct the Emergency Management Coordinator to implement the Emergency
Operations Plan.
(b) Issue directives as to travel restrictions on local roads within the municipality.
(c) Relieve City of Muskegon employees of normal duties and temporarily reassign
them to other duties.
(d) Activate mutual aid agreements.
(e) Direct the municipal disaster relief effort in accordance with the county Emergency
Operations Plan and municipal standard operating procedures.
(f) Notify the public and recommend in-place or evacuation or other protective
measures.
(g) Request a state of disaster or emergency declaration from the Governor as
described in Article 7.
(h) When obtaining normal approvals would result in further injury or damage, Mayor
may, until Muskegon City Commission convenes, waive procedures and formalities
otherwise required pertaining to the following:
(1) For a period of up to 7 days, send the disaster relief force and resources to
the aid of other communities as provided by mutual aid agreements.
(2) For a period of up to 7 days, appropriate and expend funds from the
disaster contingency fund created in Article 9. The City of Muskegon does
not have a specific disaster contingency fund established.
(3) For a period of up to 7 days, make contracts, obtain and distribute
equipment, materials, and supplies for disaster purposed.
(4) Employ temporary workers.
(5) Purchase and distribute supplies, materials, and equipment.
(6) Make, amend, or rescind ordinances or rules necessary for emergency
management purposes which supplement a rule, order, or directive issued
by the Governor or a state agency. Such an ordinance or rule shall be
temporary and, upon the Governor’s declaration that a state of disaster or
state of emergency is terminated, shall no long be in effect.7
Section 606. If a state of disaster or emergency is declared by the Governor, assign and make
available for duty the employees, property, or equipment of the City of Muskegon within or
6
Act 390, as amended, sec. 10 (1) (b) provides for the 7 day limit and disposition of the declaration.
7
Act 390, as amended, sec.12 (2) provides this authority.
without the physical limits of the City as ordered by the Governor or the Director of the
Department of State Police in accordance with the act.8
Article 7 - Governor Declaration Request
Section 701. If a disaster or emergency occurs that has not yet been declared to be a state of
disaster or a state of emergency by the Governor, and the Mayor determines that the situation is
beyond control of the municipality, he/she may request the Governor to declare that a state of
disaster or state of emergency exists in the municipality in accordance with the act. This shall
be done by immediately contacting the Muskegon County Emergency Services Director. The
Emergency Management Coordinator shall immediately contact the District Coordinator. The
District Coordinator, in conjunction with the Emergency Management Coordinator, shall assess
the nature and scope of the disaster or emergency, and they shall recommend the state
personnel, services, and equipment that will be required for its prevention, mitigation, or relief.9
Article 8- Volunteers; Appointment; Reimbursement
Section 801. Each municipal department, commission, board, or other agency of municipal
government is authorized to appoint volunteers to augment its personnel in time of emergency
to implement emergency functions assigned in the county Emergency Operations Plan. Such
individuals are part of the disaster relief force and shall be subject to the rules and operational
control set forth by the respective department, commission, board, or agency through which the
appointment was made, and shall be reimbursed for all actual and necessary travel and
subsistence expenses.10
Article 9 - Disaster Contingency Fund
Section 901. A disaster contingency fund has not been created in the budget.
Article 10 - Rights of Disaster Relief Force
Section 1001. In accordance with the act, personnel of the disaster relief force while on duty
shall have the following rights:
(a) If they are employees of the municipality, or other governmental agency regardless
of where serving, have the powers, duties, rights, privileges, and immunities and
receive the compensation incidental to their employment.
(b) If they are not employees of the municipality, or other governmental agency be
entitled to the same rights and immunities as are provided for by law.10
Article 12 - Temporary Seat of Government
Section 1201. The City of Muskegon City Council shall provide for the temporary movement
and reestablishment of essential government offices in the event that existing facilities cannot
be used.
Article 13 - Liability
Section 1301. As provided for in the act and this resolution, the municipality, or the agents or
representatives of the municipality, shall not be liable for personal injury or property damage
sustained by the disaster relief force. In addition, any member of the disaster relief force
8
Act 390, as amended, sec. 10 (1) (h) provides this authority.
9
Act 390, as amended, sec.12 states that the “chief executive official” (see definitions in act) of a county
or any municipality may make this request. However, he/she must do this utilizing the procedures set
forth in sec. 14 of the act which states that the appointed emergency management coordinator and the
district coordinator must jointly assess the situation and make recommendations.
10
Act 390, as amended, sec. 11 (1) (a-c) discusses disaster relief force rights and duties.
engaged in disaster relief activity shall not be liable in a civil action for damages resulting from
an act of omission arising out of and in the course of the person’s good faith rendering of that
activity, unless the person’s act or omission was the result of that person’s gross negligence or
willful misconduct. The right of a person to receive benefits or compensation to which he or she
may otherwise be entitled to under the worker’s compensation law, any pension law, or act of
congress will not be effected as a result of said activity.11
Section 1302. As provided for in the act, any person owning or controlling real estate or other
premises who voluntarily and without compensation grants the municipality the right to inspect,
designate and use the whole or any part of such real estate or premises for the purpose of
sheltering persons or for any other disaster related function during a declared local state of
emergency or during an authorized practice disaster exercise, shall not be civilly liable for the
death of, or injury to, any person on or about such real estate or premises under such license,
privilege or other permission, or for loss of, or damage to, the property of such person.11
Article 14 - Sovereignty
Section 1401. Should any section, clause, or provision of this resolution be declared by the
courts invalid for any reason, such declaration shall not affect the validity of this resolution as a
whole or any part thereof, other than the section, clause, or provision so declared to be invalid.
Article 15 - Repeals
Section 1501. All resolutions or parts of resolutions inconsistent herewith are hereby repealed.
Article 16 - Annual Review
Section 1601. This resolution shall be reviewed annually by the Muskegon City Council and
changes shall be made if necessary.
Article 17 - Effective Date
Section 1701. This resolution shall have immediate effect.
(The community may choose to adopt either an ordinance or resolution, whichever is the most
appropriate procedure within the community, and promulgate it according to normal
procedures.)
11
Act 390, as amended, sec. 11 (2-8) discusses liability.
CITY OF MUSKEGON
1. Major Geographic Features -2702.4 persons per square mile
-1133.4 housing units per square mile
-Dense residential, industrial and commercial areas
-Lake Michigan shoreline and beach
-Costal sand dunes
-Muskegon Lake
-Muskegon River
-4 to 6 small lakes and ponds, 4 to 6 small creeks
Population Concentrations
2. (including special facilities)
a. Group Homes -The Cove, 1776 Vulcan St. (80 Capacity)
-Hume Home of Muskegon, 1244 W. Southern Ave. (34 Capacity)
-Lightfoot House, 381 Houston Ave. (16 capacity)
-Walker AFC, 125 Delaware Ave. (15 Capacity)
-Terrace Manor, 1148 Terrace St. (12 capacity)
b. Large Apartment Buildings -Amazon Apartments, 550 W. Western Ave. (118 family units)
-Barclay Senior Village, 1931 Barclay St. (70 elderly units)
-Barclay Village, 2081 Barclay St. (60 units)
-Bayview Tower, 864 Spring St. (200 units)
-Hartford Terrace, 1080 Terrace St. (160 elderly)
-Hickory Village, 1980 Carriage Rd. (180 elderly units, 124 family
units)
-Cogic Village, 758 Emerald St. (36 family units)
-Christian Manor, 1480 McLaughlin Ave. (42 elderly units)
-Glen Oaks Apartments, 410 Glen Oaks Dr. (684 units)
-Muskegon Townhouses, 919 Marquette Ave. (267 elderly units)
-Nelson Place Apartments, 350 Houston Ave. (101 elderly units)
-Pioneer Arbour, 2300 Barclay St. (16 elderly units)
-Royale Glen Townhouses, 1085 Royal Glen Dr. (78 family units.
-Trinity Manor, 347 Shonat St. (46 elderly units)
-Trinity Village Apartments, 2250 Valley St. (60 family units)
-Narrow Bridge Apartment, 297 W. Clay Ave. (38 units)
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C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Emergency Plan demo.xls
-Muskegon Community College, 221 S. Quarterline Rd. (1184 full-
c. Schools time, 3300 part-time, total staff 444)
-Baker College, 1903 Marquette Ave. (2576 full-time, 1552 part-
time, 175 staff)
-Muskegon High School, 80 W. Southern Ave. (1100 students, 150
staff)
-Lakeside Elementary (Muskegon Public Schools), 2312 Denmark
St. (600 students, 50 staff)
-Steele Middle School (Muskegon Public Schools), 1150 Amity Ave.
(625 students, 67 staff)
-MCEC (Muskegon Public Schools), 571 E Apple Ave. (200
students, 36 staff)
-Glenside School (Head Start), 1213 W. Hackley Ave. (265
students, 20 staff)
-Marquette Elementary (Muskegon Public Schools), 480 Bennett
St. (575 students, 53 staff)
-Moon Elementary (Muskegon Public Schools), 1826 Hoyt St. (420
students, 34 staff)
-Nelson Elementary (Muskegon Public Schools), 550 W. Grand
Ave. (525 students, 40 staff)
-Oakview Elementary (Muskegon Public Schools), (600 students,
35 staff)
-Three Oaks Academy (K-8), 1212 Kingsley St. (88 students)
-Oak Crest Christian Academy, 1540 Leonard Ave.
-Northeast Educational Center, 1001 Wesley Ave. (30 students, 14
staff)
-Muskegon Christian Elementary School, 1220 Eastgate St. (253
students, 43 staff)
-Wesley School (MAISD), 915 Wesley Ave. (145 students)
-Muskegon Catholic High School (K-12), (450 students, 55 staff)
-Grace Christian Academy Preschool. 1128 Roberts St. (40
capacity)
d. Large Office Buildings -Terrace Plaza, 316 Morris Ave.
-Michael E. Kobza Hall of Justice, 990 Terrace St.
-See 4.g.
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-L.C. Walker Arena, 955 4 th St. (6000 Capacity)
e. Other - such as stadiums,
concert halls, amusement parks, -Frauenthal Theater, 425 W. Western Ave. (1, 800 capacity)
fairgrounds, correctional facilities, -Beardsley Theater, 425 W. Western Ave. (170 capacity)
-Muskegon High School Football Stadium, 80 W. Southern Ave.
nursing homes, or special
-McGraft Park Amphitheater, 2204 Wickham
populations or large crowd
-Muskegon Museum of Art, 296 W. Webster Ave.
assembly areas
-Hertiage Landing, 1051 7 th st., (Coast West-July, Lakeshore Art
Festival- July, Lakeshore Groove-July, Bike Time- July, Unity
Christian Music Festival- August
-Muskegon County Museum, 430 W. Clay Ave.
-Milwaukee Clipper Museum, Lakeshore & McCracken
-Lake Express Car Ferry (Milwaukee-Muskegon), 1918 Lakeshore
Dr., (46 cars, 250 passengers)
-Port City Princess, 560 Mart St. (150 passengers)
-USS Silversides Great Lakes Navel Memorial & Museum, 1346
Bluff Ave.
-Muskegon County Jail, 25 W. Walton Ave, (370 W. Walton Ave.
(370 capacity)
-Muskegon Correctional Facility, 2400 S. Sheridan Rd. (1,306
capacity, 304 staff)
-Earnest C. Brooks Correctional Facility, 2500 S. Sheridan Rd.
(1,224 capacity, 508 Staff)
-West Shoreline Correctional Facility, 2500 S. Sheridan Rd. (960
capacity, shares staff with Brooks Facility)
-Christian Care Nursing Center, 1275 Kenneth St. (49 beds)
-Deboer Nursing Home, 1684 Vulcun St. (90 beds)
-Heartland Health Care Center- Knollview, 1061 W. Hackley Ave.
(107 beds)
-Heartland Health Care Center, 1380 E. Sherman Blvd. (107 beds)
-McAuley Place- A Mercy Living Center, 1380 E. Sherman Blvd. (98
beds)
-University Park- A Mercy Living Center, 570 Harvey St. (99 beds)
-Muskegon YMCA Child Care, 900 W. Western Ave. (90 capacity)
-Muskegon County Club, 2801 Lakeshore Dr. (18 holes)
-University Park Golf Course, 2100 Marquette Ave. (9 holes)
-Balcom Marina, 2964 Lakeshore Dr. (72 Seasonal and 6 transient
slips)
-Bluffton Bay Marina, 3040 Lakeshore Dr. (100 slips)
-Great Lakes Marina, 1920 Lakeshore Dr. (250 seasonal and 20
transient slips)
-Harbor Towne Marina, 3429 Fulton Ave. (242 seasonal and 20
transient slips)
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e. Other (continued) -Hartshorn Municipal Marina, 920 W. Western Ave. (146 seasonal
and 43 transient slips)
-Lakeshore Yacht Harbour, 1200 Lakeshore Dr. (63 seasonal slips)
-Muskegon Yacht Club, 3198 Edgewater (70 slips)
-Pigeon Key Marina, 722 Terrace Point Rd. (112 seasonal and 14
transient slips)
-Terrace Point Marina, 722 Terrace Point Rd. (112 seasonal and 14
transient slips)
-Torresen Marine, 3126 Lakeshore Dr. (150 seasonal and 10
transient slips)
-Holiday Inn, 939 3rd St. (200 rooms)
-Shoreline Inn & Suites, 750 Terrace Point Rd. (140 rooms)
-Fisherman’s Landing, 538 Western Ave. (39 campsites)
f. Major Employers -County of Muskegon, 990 Terrace St. (1,300 employees)
-Mercy General Health Partners, 1500 E. Sherman Blvd., Hackley
Hospital, 1700 Clinton St., Muskegon General Hospital, 1700 Oak
St. (3300 employees)
-Muskegon Public Schools, 80 W. Southern Ave. (150 employees)
-Johnson Technology Inc., 2034 Latimer Dr. (510 employees)
-ADAC Plasitics Inc., 2050 Port City Blvd. (490 employees)
-Muskegon Community College (444 employee)
-Brunswick Indoor Recreation Group, (525 W. Laketon Ave. (365
employees)
-Holland USA, 1950 Industrial Blvd. (365 employees)
-Muskegon City Hall, 933 Terrace St. (315 employees)
-Hy-lift, 1185 E. Keating Ave. (300 employees)
-West Michigan Steel Foundry, 1148 W. Western Ave. (290
employees)
-Michigan Department of Corrections, 2500 S. Sheridan Rd. (1700
employees)
rd
-Muskegon Chronicle, 981 3 St. (260 employees)
-Dilesco Corporation, 1806 Beidler St. (250 employees)
-Cole’s Quality Foods Inc, 1188 Lakeshore Dr. (150 employees)
-Baker College, 1903 Marquette Ave. (175 employees)
-Pioneer Resources, 1145 E. Wesley (170 employees)
-Muskegon YMCA, 900 W. Western Ave. (150 employees)
-Reid Tool and Supply Company, 2256 Black Creek Rd. (150
employees)
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Population Shifts
3. (location; time; date or season of shift; extent of shift)
a. Daily 10,365 attend school, 14,942 commute with an average commuting
time of 18.3 minutes
b. Weekly N/A
16,105 total housing units: 15510 occupied/595 vacant; of the 595
c. Seasonal vacant, 30 are for seasonal recreational or occasional use
4. Important or Critical Public and Private Facilities
a. Police Precincts -City of Muskegon Police Department, 980 Jefferson
-Muskegon Central Dispatch, 770 Terrace St.
-Muskegon County Sheriff’s Department, 25 W. Walton Ave.
b. Fire Stations -Muskegon Fire Department, 770 Terrace
-Marquette Station (MFD), 1477 Marquette Ave.
-Robinson Station (MFD), 1836 Robinson St.
c. Public Works Yards -Muskegon Public Works and Utility Department, 1350 E. Keating Av
d. Pumping Stations -one
-1st Congressional Church, 1201 Jefferson St.
e. Community Shelters
-American Red Cross Serving Muskegon, 313 W. Webster Ave.
-Central United Methodist Church, 1011 Second St.
-Community encompass, 19 Hartford Ave.
-Community Mental Health Clinical Services, 125 E Southern Ave.
-Every Woman’s Place, 1221 W. Laketon Ave.
-Lakeside Baptist Church, 2250 Denmark St.
-Lakeside Elementary, 2312 Denmark St.
-Marquette Elementary, 480 Bennett St.
-Muskegon High School, 80 W. Southern Ave.
-Muskegon Catholic High School, 1145 Lakeside Ave.
-Muskegon Rescue Mission, 400 W. Laketon Ave.
-Nelson Elementary, 550 W. Grand Ave.
-Oakview Elementary, 1420 Madison St.
-St. Michael School, 215 W. Dale Ave.
-Muskegon Middle School, 1150 Amity Ave.
-Wesley School, 915 Wesley Ave.
-West Michigan Therapy, 130 E. Apple Ave
-West Michigan Veteran’s Center, 165 E. Apple Ave.
-YMCA of Muskegon, 900 W. Western Ave.
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f. Community Medical -Mercy General Hospital, 1500 E. Sherman Blvd.
Facilities, Hospitals -Hackley Campus (Mercy General), 1700 Clinton St.
-General Campus (Mercy General), 1700 Clinton St.
-Community Mental Health of Muskegon County- The John
Halmond Center, 376 E. Apple Ave.
-Community Mental Health of Muskegon County-
Outpatient/Emergency Services, 125 E. Southern Ave.
-Community Mental Health of Muskegon County- Youth Services,
173 E. Southern Ave.
-Community Mental Health of Muskegon County- Kenneth L. Brink
Residence, 155 E. Southern Ave.
-Community Mental Health of Muskegon County- Lifeskills, 97 E.
Apple Ave.
-Community Mental Health of Muskegon County- Assertive
Community Treatment, 1470 Peck St.
-Community Mental Health of Muskegon County- Wesley/Roberts
Center, 1175 Wesley Ave.
g. Other - i.e. government bldgs, -Muskegon City Hall, 933 Terrace St.
record center, major construction -Blind and Physically Handicapped Library, 97 E. Apple Ave.
-Hackley Public Library, 316 W. Webster Ave.
companies, warehouses,
-Muskegon County Emergency Services, 131 E. Apple Ave.
demolition companies, heavy
-County of Muskegon Community Corrections, 131 E. Apple Ave.
equipment rental, emergency
equipment and vehicle storage,
etc.)
5. Vital or Critical Infrastructure
a. Roads, Railroads, Bridges - US-31
- US-31 Business Route
- M-46
- B-72
- CSX Railroad
- CSX Bridge over Muskegon River North Branch
- CSX Bridge over Muskegon River South Branch
b. Dams, Power Stations, -B.C. Cobb Gas & Coal Generating Plant, 101 SR-120
Water Treatment Plants, -Water Filtration Plant, 1900 Beach St.
-City of Muskegon Water and Sewer Maintenance, 1350 E. Keating
Sanitary Life Stations, etc.
Ave.
-Sanitary Lift Stations: Three
-Consumers Energy Power Line
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c. Other - (i.e. airports, pipelines, -Greyhound Bus Terminal, 351 Morris Ave.
-Muskegon Area Transit System, 2624 Morris Ave.
bus terminals, train stations,
military bases, marine passenger -Oil Pipeline
-United States Coast Guard Station, 1555 Beach St.
ferry services, etc.)
-United States Army Reserve Center, 1430 Parslow St.
6. Socio-Economic Profile of Sector
a. Total Population (day) 41,290
b. Total Population (night) 38,401
c. Peak Population (seasonal) 38,600
d. Percent over 65 11.6
e. Percent under 18 23.3
f.Percent Below Poverty Level 31.7
g. Percent with Disability or 22.9
Mobility Limitation
h. Estimated Property Agricultural: $181,300.00
Insurance Coverage Commerical: $170,333,334.00
$326,496,700.00
(Real and Personal Equalized Residential:
$29,104,300.00
Valuations) Utility (Personal):
Industrial: $146,720,500.00
Total: $582,836,134.00
Total losses since
i. Flood Insurance Coverage
1/1/78: 23
Total payments
since 1/1/78: $31,589.69
Policies In-Force: 28
Total Insurance In-
Force: $5,000,000.00
j. Location of Floodplains Floodplains along Lake Michigan shoreline, Muskegon Lake
shoreline, Muskegon River, Ryerson Creek, Ruddiman Lagoon, and
Four Mile Creek
k. Percent that are Homeowners 50
7. Emergency Warning System Coverage
a. Siren Locations and/or -None Identified
Description of Warning
System
b. Percent of Population N/A
Covered by Warning Sirens
or System
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CITY OF MUSKEGON
Support Emergency Operations Plan
A support Plan to Muskegon County Emergency Operations
Plan/Emergency Action Guidelines
Date
May 14, 2013
TABLE OF CONTENTS
Signature Page
Introduction to the Plan...................................................................................................................... 1
Purpose.................................................................................................................................. 1
Scope..................................................................................................................................... 1
Plan Maintenance and Implementation.................................................................................. 1
Emergency Management Program Oversight........................................................................ 1
Basic Information ............................................................................................................................... 2
Community Profile.................................................................................................................. 2
Emergency Management Authority........................................................................................ 2
Response Resources............................................................................................................. 2
Emergency Management Organization ................................................................................. 3
General Emergency Management Guidelines................................................................................... 4
Emergency Response Procedures .................................................................................................... 5
Addenda: Emergency Action Guidelines ........................................................................................... 7
Attachment A: Direction and Control...................................................................................... 8
Attachment B: Fire Services .................................................................................................. 9
Appendix 1: Hazmat Response Procedures ............................................................ 10
Attachment C: Law Enforcement ......................................................................................... 11
Attachment D: Warning and Communications ..................................................................... 12
Attachment E: Public Information......................................................................................... 13
Attachment F: Damage Assessment ................................................................................... 14
Attachment G: Public Works ................................................................................................ 15
Appendix 1: Hazmat Response Procedures ............................................................ 16
Attachment H: Emergency Medical Services....................................................................... 17
Attachment I: Human Services ............................................................................................ 18
Appendix 1: Resources and Support Services......................................................... 19
SIGNATURE PAGE
Date:
To all Recipients:
Transmitted herewith is the Support Emergency Operations Plan for the City of Muskegon in
support to the Muskegon County Emergency Operations Plan. The plan provides a
framework for the City of Muskegon to use in performing emergency functions before, during,
and after a natural disaster, technological incident or a hostile attack.
This plan was adopted by the City of Muskegon City Council under Resolution No. < > dated
< >. It supersedes all previous plans.
Signature of Chief Executive Official Date
CITY OF MUSKEGON
INTRODUCTION TO THE PLAN
I. Purpose
The City of Muskegon has elected to be incorporated into the Muskegon County Emergency
Management Program. By becoming part of the county emergency management program, the City of
Muskegon and the County of Muskegon have certain responsibilities to each other. This Support
Emergency Operations Plan has been developed to identify the responsibilities between the City of
Muskegon and the County of Muskegon in regards to pre-disaster emergency management activities.
It also provides for the Muskegon government agencies to respond to various types of emergencies or
disasters that affect the community. This support plan is to be used in concurrence with the County
Emergency Operations Plan as it is a supporting document. The support plan will be maintained in
accordance with the standards of current Muskegon Emergency Operations Plan. Review of this
support plan shall be accomplished concurrently with the county plan.
II. Scope
This plan is a flexible document in which changes from the content of the plan may occur due to
unique nature of emergencies. Each agency that has a supported role in this plan or its elements has
developed Standard Operating Procedures (SOP) which provides systematic instructions for
accomplishing assigned functions. In addition, to support emergency preparedness and response
efforts, the local government also conducts other activities such as personnel training, participating in
exercises, encouraging chronic disease prevention techniques; educate the public on awareness
activities, and use of appropriate land use planning decisions for mitigation and prevention purposes
as well. Through this plan, the City of Muskegon continues to implement the National Incident
Management System, participating in efforts to provide an effective and efficient incident management
operation.
III. Plan Maintenance and Implementation
The plan has been developed together with local community, and county officials to ensure
consistency within the county emergency management program documents. The plan is required to
approved by City of Muskegon Mayor every four years, or whenever the CEO changes and is to be
forwarded to the County Emergency Services Office. Upon approval, it will be implemented, tested
through exercises in concurrence with County officials, and review/updated to maintain currentness
with the County Emergency Operations Plan.
This plan has been provided to all municipal agencies, elected officials, the county emergency
management office and the MSP/EMHSD district coordinator.
IV. Emergency Management Program Oversight
The City of Muskegon has appointed the Director of Public Safety to serve as the municipal
emergency management liaision responsible for working with the County Emergency Services
Director in matters pertaining to emergency management for the municipality. Pursuant the
requirements in P.A. 390, of 1976, as amended, Section 19, Muskegon County has adopted a
resolution that incorporates the City of Muskegon into its emergency management program,
necessary for diaster assistance.
1
CITY OF MUSKEGON
BASIC INFORMATION
I. Community Profile
The City of Muskegon is situated in the south west portion of Muskegon County. The community has
a population of 38,401 residents. Of this number, approximately 22.9 percent are identified as
individuals with special/functional needs. Many of these individuals reside in congregate care centers,
but others reside in non-group homes where help is provided as needed or on-call. The City’s major
industries are medical services and automotive manufacturing employing approximately 5,000 people.
Due to these industries, the City is concerned with potential displaced citizens, closed streets and
bridges dividing the community and presenting general public health/safety concerns.
According to the County’s Hazard Mitigation Plan, the community is most vulnerable to: Severe
Weather events including high winds, snow/ice/sleet storms, hazardous chemical incidents at both
fixed sites and during transportation on rail and highways. Areas within the community which are more
of a concern as a result of these hazards include: Residents located on the western end of Muskegon
near Lake Michigan and the Industrial Park located on the eastern most portion of Muskegon. More
information regarding hazard vulnerability can be found in the County’s Hazard Mitigation
Plan/Analysis.
Within the community, there are nineteen (19) sites that contain extremely hazardous materials.
Pursuant to SARA Title III, off-site emergency response plans have been developed by the LEPC to
prepare the fire department(s) to respond to the specific hazardous materials on the sites. In addition,
the owners of the site(s) have reported the types of hazardous material that is housed on-site, as
required by the Emergency Planning and Community Right-To-Know Act.
II. Emergency Management Authority
Pursuant to P.A. 390 of 1976, as amended, the municipal CEO may declare a local state of
emergency for the City of Muskegon. In the CEO’s absence, pursuant to local leglislation, the Mayor
is authorized to declare the local state of emergency as well. Upon a declaration, PA 390 also
authorizes the CEO to issue directives, such as restrictions to travel on local roads. The local
declaration activates this emergency plan as well as the emergency operations center to conduct
activities to ensure the safety of people, property, and the environment.
Since the City of Muskegon has been a recipient of federal preparedness assistance, a resolution has
been adopted by the local government for establishing the National Incident Management System as
the standard for incident management for all-hazards. Through the adoption, the City continues to
implement the concepts of the NIMS through training, planning, and exercising activities.
III. Response Resources
The City of Muskegon maintains four (4) full-time departments responsible for providing public safety
and welfare to the community. Each department is comprised of qualified emergency personnel, and
maintains equipment capable of responding to emergencies. A list of resources that the departments
use for emergency situations can be requested through the municipal emergency management
liaison. Under circumstances, if the incident requires additional resources beyond the capability of the
City of Muskegon, the CEO may enact mutual aid, or it may be necessary to request county
assistance through proper procedures.
2
IV. Emegency Management Organization
The City of Muskegon emergency management organization consists of seven (7) departments
responsible for conducting activities in response to emergencies within the community. These seven
(7) departments have been assigned to specific emergency functions for which the municipality has
identified necessary in order to provide an effective response to secure the safety of people, property,
and the environment. Each agency is responsible for implementing pre-disaster activities to help
prevent and/or prepare for various hazards that the community is vulnerable to such as: chronic
diseases, flooding, hazardous material spills, inclement weather, tornadoes, and public disturbance to
name a few; a more profound list can be found in the County’s Hazard Mitigation Plan/Analysis.
Prevention and preparedness activities include: awareness training, exercising, hygienic practices to
prevent spreading of infectious diseases, stockpiling equipment, and educating people to self care for
themselves in an emergency.
The CEO serves as the incident manager for municipal coordination. At his/her side includes the
emergency management liaison, a planning chief, finance chief, operations chief, and logistics chief.
The operations chief is responsible for coordinating the individual emergency functions assigned by
agencies.
The table lists the functions, assigned agencies, primary point of contact, and phone number.
Function Agency Primary Contact Phone
Direction and Control
Fire Services
Law Enforcement
Warning and Communications
Public Information
Damage Assessment
Public Works
Emergency Medical Services
Human Services
Line of Succession
The following is a list of the 2nd and 3rd alternates for each agency identified in the plan to maintain the
emergency tasks assigned.
2nd Alternate 3rd Alternate
Agency
3
CITY OF MUSKEGON
GENERAL EMERGENCY MANAGEMENT GUIDELINES
The following guidelines are general to the municipality, all agencies, and individuals who have a role
in responding to an emergency within the community and coordinated by the City of Muskegon.
Being that emergency planning is a work in progress guidelines are continuously reviewed and
modified due to the situation and complexity of incidents.
a) Report to the local emergency operations center when activated for scheduled exercises or
disasters, or delegate another individual to staff the EOC and implement the plan.
b) Implement mutual aid agreements or contracts with other organizations to supplement local
resources that have been exhausted.
c) Ensure compliance with this plan and the County Emergency Plan, and any pertinent procedures
and documents issued, which impact the provision of emergency services in the municipality.
d) Train department emergency personnel in emergency management functions and NIMS/ICS
concepts.
e) Assists in the development, review and maintenance of the plan and of the County EOP.
f) Develop and maintain standard operating procedures for specific functions or actions identified in
the plan.
g) Maintain a list of resources available by the departments/agencies.
h) Protect records and other resources deemed essential for continuing government functions and
each agency’s emergency operations in accordance to procedures and policies.
i) Establish mutual aid agreements and/or contracts with other jurisdictions/entities to supplement
municipal resources.
j) Establish a system of coordination, such as the incident command system, within the EOC. Field
operations, however, are required to use the incident command system.
k) Participate in the review and update of this emergency operations plan, in accordance to a
schedule identified by the municipal emergency management liaison and the county emergency
management coordinator.
l) Adapt and provide printed emergency management materials and verbal messages to those who
are vision impaired, non-English speaking, or deaf/hard of hearing.
m) Conduct pre-disaster public awareness activities including education classes, self-care guidelines,
communications plans, and protocols.
n) Make recommendations to the CEO regarding protective actions.
o) Utilize ETeam or other systems to record and log significant events throughout the duration of the
emergency, as well as the decisions made by the incident commander and municipal CEO.
p) Continuously conduct emergency planning activities as it is a work-in-progress, periodically being
reviewed and updated.
q) All emergency response agencies are considered to be available to respond.
4
CITY OF MUSKEGON
EMERGENCY RESPONSE PROCEDURES
The following are procedures that the City of Muskegon conducts and coordinates with the county in
response to a local state of emergency.
a) Assure that the municipal emergency response agencies, elected officials and the county
emergency management coordinator are notified of the situation.
b) Municipal agencies assess the nature and scope of the emergency or disaster.
c) If the situation can be handled locally, do so, using the following sequenced guidelines.
a. The emergency management liaison advises the CEO and coordinates all emergency
response actions.
b. The CEO declares a local state of emergency and notifies the county emergency
management coordinator of this action.
c. A local state of emergency declaration is forwarded to the county office.
d. The emergency management liaison activates the emergency operations center. The EOC
is located at Muskegon City Hall. If this location is unavailable an alternate location is at
Muskegon Fire Station located at 770 Terrace.
e. Emergency response agencies are notified through telephone communications by the
municipal emergency management liaison to report to the EOC.
f. The CEO directs departments/agencies to respond to the emergency situation in
accordance to each agency’s functional guidelines indicated in the attachments to this
plan.
g. The CEO issues directives as to travel restrictions on local roads and recommends
protective actions from the commanding agency. Protective action recommendations will
be based on weather forecasting and if the incident complexity increases due to inability to
respond rapidly and with a “ready” supply of resources to mitigate the incident.
h. Notify the public of the situation, through the Public Information Official, and take
appropriate actions.
i. Keep the county emergency management coordinator informed of the situation and actions
taken.
d) If municipal resources become exhausted or if special resources are needed, request county
assistance through the county emergency management coordinator.
e) If assistance is requested, the county emergency management coordinator assesses the
situation and makes recommendations on the type/level of assistance. The County will also
take the following steps:
1. Activate the County Emergency Operations Center
2. Activate the County Emergency Operations Plan/Emergency Action Guidelines
3. Respond with county resources as requested
5
4. Activate mutual aid agreements
5. Coordinate county resources with municipal resources
6. Notify MSP/EMHSD District Coordinator.
7. Develop a jurisdiction situation report and a damage and injury assessment
report and submit to the MSP/EMHSD.
8. Assist the municipality with prioritizing and allocating resources.
f) If county resources are exhausted, the county makes a request to the Governor to declare a
state of emergency or state of disaster in accordance with procedures set forth in PA 390, as
amended. The county shall not request state assistance or a declaration of a state of disaster
or a state of emergency unless requested to do so by the CEO of the City of Muskegon if the
situation occurs solely within the confines of the municipality.
g) If state assistance is requested, the MSP/EMHSD District Coordinator, in conjunction with the
county emergency management coordinator and municipal emergency management liaison,
assess the disaster or emergency situation and recommends the necessary resources that are
required for its prevention, mitigation, or relief efforts.
h) After completing the assessment the MSP/EMHSD District Coordinator immediately notifies
the State Director of Emergency Management and Homeland Security of the situation.
i) The State Director of Emergency Management and Homeland Security notifies the Governor
and makes recommendations.
j) If state assistance is granted, procedures are followed in accordance to the Michigan
Emergency Management Plan and the County Emergency Operations Plan.
6
ADDENDA
CITY OF MUSKEGON
EMERGENCY ACTION GUIDELINES
The following attachments provide guidelines for each function that has been assigned to the
agencies in response to an emergency or disaster situation.
Attachment A: Direction and Control
Attachment B: Fire Services
Attachment C: Law Enforcement
Attachment D: Warning and Communications
Attachment E. Public Information
Attachment F: Damage Assessment
Attachment G: Public Works
Attachment H: Emergency Medical Services
Attachment I: Human Services
Each agency assigned is responsible for maintaing the guidelines, as well as approving any changes
to the guidelines or changes to the official responsible for implementation.
7
ATTACHMENT A
DIRECTION AND CONTROL
The Executive Office with support from the Emergency Management Liaison, is responsible for
directing and controlling emergency management operations. The following guidelines represent a
checklist of actions that the CEO and liaison must consider for providing an effective response to an
emergency or disaster situation.
Functional Guidelines:
a) Issue orders and directives, i.e., travel restrictions, and recommend protective actions to be taken
by the general public.
b) Declare a local state of emergency or disaster and notify the county emergency services office.
c) Generate and disseminate information to the public via the Public Information Officer.
d) Provide for continuity of operations.
e) Activates and maintains the local emergency operations center.
f) Seek federal post-disaster funds, as available, as well as pre-disaster assistance.
g) Maintain record of activity regarding decisions on emergency actions.
h) Review and evaluate assessment data.
i) Maintain liaison with state and federal officials.
j) Coordinate with County officials in response and recovery efforts.
k) Coordinate and conduct information sharing activities to identify potential and enacted WMD or
terrorism activities, and mobilize and direct resources in response to such incidents.
l) Prepares and maintains an emergency plan for the municipality subject to the direction of the
elected officials; reviews and updates as required.
m) Develops and maintains a trained staff and current emergency response checklists appropriate for
the emergency needs and resources of the community.
n) Coordinate with State and federal officials in collecting and sharing terrorism related information.
The executive official has reviewed and approves the assigned guidelines. These will be maintained
in accordance to the standards of the current county emergency plan.
Signature of official date
8
ATTACHMENT B
FIRE SERVICES
The Fire Department is responsible for fire service actitivites. The following guidelines represent a
checklist of actions that department officials must consider for providing an effective response to an
emergency or disaster situation.
.
Functional Guidelines:
a) Provide command level representatives to the EOC and Unified Incident Command Post, when
activated.
b) Coordinates fire and search and rescue services with appropriate personnel at the County
Emergency Management Agency; including assistance to regional specialty teams such as, but
not limited to the Regional Response Team, MUSAR, and BOMB Squad.
c) Coordinates with County EMC and the State of Michigan in the decontamination and monitoring of
affected citizens and emergency workers after exposure to CBRNE hazards.
d) Assumes primary responsibility for emergency alerting of the public.
e) Assists with evacuation of affected citizens, especially those who are institutionalized, immobilized
or injured.
f) Provides resources for fire services response and rescue operations.
g) Assists in salvage operations and debris clearance.
h) Advises elected officials about fire and rescue activities.
i) Conduct safety analysis of the emergency , inform and recommend corrections to the CEO.
j) Respond to hazardous materials spills in accordance to the procedures in Appendix 1.
k) Assist in search and rescue operations.
l) Assist in searching for bombs and/or explosive devices in connection with WMD events.
The fire services official has reviewed and approves the assigned guidelines. These will be
maintained in accordance to the standards of the current county emergency plan.
Signature of official date
9
ATTACHMENT B:
APPENDIX 1:
FIRE SERVICES
HAZMAT RESPONSE GUIDELINES
The Fire Department is responsible for the response to hazardous materials spills. Response will be
acted in accordance to the following procedures.
a) Assume incident command upon arrival at the scene.
b) Establish scene security or coordinate with other available agencies to establish scene security.
c) Monitor and evaluate environmental health risks or hazards from hazardous materials releases.
d) Inspect possible sources of contamination.
e) Provide technical assistance and liaison with other appropriate agencies or organizations for the
remediation of hazardous waste releases and other contamination sources.
f) Disseminate information to the Emergency Operations Center Public Information Officer on
hazardous material releases issues
g) Makes protective action recommendations based on severity and complexity of incident type.
h) Ensure PPE is fit tested to responders.
i) Prior to proceding with cleanup, analyze and evaluate the safetiness of the spill and containination
by a certified Safety Officer/technician.
j) Decontaminate equipment and gear.
The fire services official has reviewed and approves the assigned guidelines. These will be
maintained in accordance to the standards of the current county emergency plan.
Signature of official date
10
ATTACHMENT C
LAW ENFORCEMENT
The Police Department is responsible for law enforcement actitivites. The following guidelines
represent a checklist of actions that department officials must consider for providing an effective
response to an emergency or disaster situation.
Functional Guidelines:
a) Develops and maintains procedures for the Police Department.
b) Coordinates security and law enforcement services; with appropriate personnel at the County
Emergency Operations Center.
c) Establishes security and protection of critical facilities.
d) Provides traffic and access control in and around affected areas.
e) Assists with emergency alerting and notification of threatened population.
f) Assists with the evacuation of affected citizens, especially those who are institutionalized,
immobilized or injured.
g) In cooperation with the Fire Department, performs search and rescue operations.
h) Implement any curfews ordered by the CEO.
i) Provides access control to affected areas.
j) Provide emergency assistance to persons with special/functional needs.
k) Assists the medical examiner with mortuary services.
l) Coordinate urban search and rescue activities.
m) Investigate incident and provide intelligence information to state and federal officials.
The law enforcement official has reviewed and approves the assigned responsibilities. These
responsibilities will be maintained in accordance to the standards of the current county emergency
plan.
Signature of official date
11
ATTACHMENT D
WARNING AND COMMUNICATIONS
Muskegon County Central Dispatch is responsible for warning and communications actitivites. The
following guidelines represent a checklist of actions that department officials must for providing an
effective response to an emergency or disaster situation.
Emergency Guidelines:
a) Warn the following individuals via telephone, cellular phones and pagers:
Municipal chief executive.
Municipal Emergency Management Liaison.
County Emergency Management Coordinator.
Municipal Emergency Operations Center representatives.
b) Ensure all agencies represented in the municipal Emergency Operations Center have
communications both to their staff at their department offices and their staff at the incident site.
This equipment consists of radios, telephone and cellular phone.
c) Establish communications with the county Emergency Operations Center if activated. The
communications equipment available consists of radios, telephone, cellular phone and LEIN (Law
Enforcement Information Network).
d) Establish communications with the Incident Command Post, if established.
e) Activate the public warning system in accordance to the procedures listed in Appendix D-1.
f) Ensure the public warning system provides notification to special needs populations identified in
the community, i.e., elderly, hearing impaired, non-English speaking and others. The system
consists of door-to-door, First Call (CPD), Nixle (MPD) and news media notifications. Contact and
warn special facilities and locations, such as schools, hospitals, nursing homes, major industries,
institutions, and place of public assembly. The methods of warning and contacting these locations
consist of personal contact, telephone, cellular phone and First Call.
The Muskegon County Central Dispatch official has reviewed and approves the assigned
responsibilities. These responsibilities will be maintained in accordance to the standards of the
current county emergency plan.
Signature of official date
12
ATTACHMENT E
PUBLIC INFORMATION
The City Manager’s Office is responsible for public information actitivites. The following guidelines
represent a checklist of actions that the Public Information Official must consider for providing an
effective response to an emergency or disaster situation.
Emergency Guidelines:
a) Function as the sole point of contact for the news media and public officials.
b) Collect information from municipal emergency response agencies located in the emergency
operations center and other locations.
c) Prepare news releases to be disseminated to the local media.
d) Conduct press tours of disaster area(s) within the community.
e) Establish a Public Information Center at 933 Terrace St. to become the central point from which
news releases are issued.
f) Establish and maintain contact with the County Public Information Official if the County’s
Emergency Operations Plan is activated.
g) Coordinate public information activities with the county Public Information Officer if the County
Emergency Operations Center is activated.
h) Assist the county in establishing a joint information center (JIC).
i) Assist the county with establishing a Rumor Control Center.
j) Assist the municipal emergency management liaison in developing and distributing education
material on the hazards that face the municipality.
k) Develop and maintain Emergency/Public Information procedures.
l) Maintain a log and file of all information released to the media.
The City Manager official has reviewed and approves the assigned responsibilities. These
responsibilities will be maintained in accordance to the standards of the current county emergency
plan.
Signature of official date
13
ATTACHMENT F
DAMAGE ASSESSMENT
The Department of Public Works is responsible for damage assessment actitivites. The following
guidelines represent a checklist of actions that department officials must consider for providing an
effective response to an emergency or disaster situation.
Emergency Guidelines:
a) Record initial information from first responders such as law enforcement, fire services and public
works.
b) If necessary, activate the damage assessment team which consists of the following agencies:
1. Department of Public Works- responsible for public damage assessment
2. Safebuilt- responsible for individual damage assessment
c) Provide information to the municipal Emergency Management Liaison. The Liaison will then
provide assessment data to the county for preparation of a jurisdictional situation report via
ETeam.
d) If the situation warrants, assist the municipal CEO with the preparation of a local state of
emergency declaration and forward to the County Emergency Management Coordinator.
e) Prepare a request for county assistance in conjunction with the municipal emergency
management liaison.
f) Plot damage assessment information on status boards in the municipal Emergency Operations
Center.
g) Record all expenditures for municipal personnel, equipment, supplies, services, etc., and track
resources being used.
h) Prepare reports for the municipal public information official.
i) Collect information and forward to the County so that the county can complete the Damage and
Injury Assessment information through the jurisdiction’s situational report via ETeam.
The Public Works official has reviewed and approves the assigned responsibilities. These
responsibilities will be maintained in accordance to the standards of the current county emergency
plan.
Signature of official date
14
ATTACHMENT G
PUBLIC WORKS
The Public Works Department is responsible for damage assessment actitivites. The following
guidelines represent a checklist of actions that department officials must consider for providing an
effective response to an emergency or disaster situation.
Emergency Guidelines:
a) Maintain transportation routes.
b) If necessary, coordinate activities designed to control the flow of flood water, including
sandbagging, emergency diking, and pumping operations.
c) Coordinate travel restrictions/road closures within the municipality.
d) Identify evacuation routes.
e) Provide emergency generators and lighting.
f) Assist with traffic control.
g) Assist with access control.
h) Assist with urban search and rescue activities, i.e., persons trapped in damaged buildings or
under heavy debris/objects, etc...
i) Assist private utilities with the shutdown and restoration of gas and electric services.
j) Assist with transportation of essential goods, i.e., food, medical supplies, etc...
k) As necessary, establish a staging area for public works.
l) Report damage information to the Damage Assessment Team.
m) If necessary, assist with damage surveys for the federal public assistance grant program.
n) If the county Emergency Operations Center is activated, establish and maintain contact with the
person representing public works.
o) Notify Law Enforcement of the location(s) of disabled vehicles.
p) Inspect critical infrastructure and other public utilities for safety.
The Public Works official has reviewed and approves the assigned responsibilities. These
responsibilities will be maintained in accordance to the standards of the current county emergency
plan.
Signature of official date
15
ATTACHMENT G:
APPENDIX 1:
PUBLIC WORKS
HAZMAT RESPONSE GUIDELINES
The Public Works Department will support the Fire Department in response efforts according to the
following:
a) Assist the fire department in the cleanup of contaminated soils and transport to appropriate dump
sites.
b) Evaluates inland waters conditions and makes recommendations to fire chief on response actions.
c) Provides heavy equipment and diking materials to support the Fire Department's response
hazardous materials incidents.
d) Advise the incident commander of any safety concerns.
e) Ensure personnel use adequate personal protection equipment.
f) Decontaminate equipment and gear.
The public works official has reviewed and approves these guidelines. These will be maintained in
accordance to the standards of the current county emergency plan.
Signature of official date
16
ATTACHMENT H
EMERGENCY MEDICAL SERVICES
The Professional Medical Team is responsible for emergency medical service actitivites. The
following guidelines represent a checklist of actions that agency officials must consider for providing
an effective response to an emergency or disaster situation.
Emergency Guidelines:
a) Evacuate nursing homes, hospitals, and other medical facilities.
b) Assist with animal and pet control.
c) Assist with decontamination
d) Coordinate emergency medical care to victims.
e) Establish a staging area for emergency medical equipment.
f) Identify a facility to be used as a temporary morgue if necessary.
g) Coordinate with hospitals and shelter managers to staff medical teams at shelters.
h) When appropriate, coordinate field units’ participation in damage assessment activities.
i) Ensure that emergency medical teams responding on-scene have established an on-scene
medical command post and a medical commander.
The emergency medical official has reviewed and approves the assigned responsibilities. These
responsibilities will be maintained in accordance to the standards of the current county emergency
plan.
Signature of official date
17
ATTACHMENT I
HUMAN SERVICES
Planning serve as the Human Services Liaison and is responsible for human services activities. The
liaison will coordinate and/or keep informed human services activities occuring within the municipality,
with the County Human Services Department. The following guidelines represent a checklist of
actions that the liaison must consider for providing an effective response to an emergency or disaster
situation.
Emergency Guidelines:
a) Coordinate activities of municipal agencies/departments which provide human service type
services.
b) Coordinate the provision of transportation for evacuation.
c) Open and manage shelters in the municipality.
d) Set up canteen to feed emergency workers in the municipality.
e) Provide food and clothing to municipality workers and victims of disaster residing in the
municipality.
f) Assist the county with establishing a Rumor Control Center.
g) Arrange for provision of Crisis Counseling or Critical Incident Stress Debriefing (CISD) for both
victims and identified disaster workers.
h) If the County Emergency Operations Center is activated, establish and maintain contact with the
person representing Human Services. If the county Emergency Operations Center is not
activated, establish and maintain contact with the county Human Services Official directly at the
county Department of Human Services.
i) Coordinate with ARC and other pertinent organizations for the distribution of emergency clothing
for disaster victims.
j) Coordinate efforts to provide transportation for disaster victims. (Consider local school buses,
council on aging, canoe liveries, USFS, volunteers, etc.)
The emergency medical official has reviewed and approves the assigned responsibilities. These
responsibilities will be maintained in accordance to the standards of the current county emergency
plan.
Signature of official date
18
HUMAN SERIVCES:
RESOURCES AND SUPPORT SERVICES
TRANSPORTATION RESOURCES TYPE
,
SHELTERS MAXIMUM
OCCUPANCY
, , ,
FOOD AND FAMILY CARE RESOURCES TYPE OF SERVICE
, , , ,
SPECIAL/FUNCTIONAL NEEDS CARE SERVICES TYPE OF SERVICE
, , ,
Commission Meeting Date: May 14, 2013
Date: May 6, 2013
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE: Public Hearing for 2013 – 2014 Action Plan
SUMMARY OF REQUEST: To conduct a public hearing of the 2013 –
2014 Action Plan for public comments.
FINANCIAL IMPACT: Action Plan establishes the 2013-2014 Community
Development Block Grant and HOME budgets.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To receive comments about the proposed
2013 – 2014 Action Plan at the public Commission meeting.
Commission Meeting Date: May 14, 2013
Date: April 10, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing for Amendments to Downtown
Development Plan- Terrace Point Landing, LLC
SUMMARY OF REQUEST: To hold a public hearing and approve the attached
resolution approving and adopting amendments for the Downtown Development
Authority (DDA) Plan. The amendments are for the inclusion of property owned by
Terrace Point Landing, LLC in the DDA Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield
Plan amendments, although the redevelopment of the property into a
residential/commercial project will add to the future tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: A notice of the public hearing has been sent to
taxing jurisdictions, the MDEQ, MEDC, and the Michigan Strategic Fund, as well as
being published twice in MLIVE, mailed to all property owner within the DDA and
posted in 20 “conspicuous and public places” within the DDA . In addition, the DDA
Board approved the Plan amendment on April 9, 2013 and further recommends that
the Muskegon City Commission approve the Plan amendment.
City of Muskegon
County of Muskegon, Michigan
ORDINANCE NO. ________
AN ORDINANCE APPROVING AMENDMENTS TO
THE DOWNTOWN DEVELOPMENT PLAN
AND TAX INCREMENT FINANCING PLAN OF THE CITY OF MUSKEGON
DOWNTOWN DEVELOPMENT AUTHORITY
WHEREAS, the City of Muskegon Downtown Development Authority (the
"Authority") has previously prepared and approved a Downtown Development Plan and
Tax Increment Financing Plan (“the Plan”) for the Development Area described in the Plan,
which was approved by the City Commission on July 12, 1988, pursuant to Ordinance No.
969; and,
WHEREAS, the City Commission has approved amendments to the Plan on March
31, 1989 (“the 1989 Amendment”) pursuant to Ordinance No. 982; and WHEREAS,
The City Commission approved amendments to the Plan on August 28, 2001 pursuant to
Ordinance No. 2050; and,
WHEREAS, the Authority has prepared and recommended for approval an
amendment, attached hereto as Exhibit A (the “Plan Amendment”), to the Plan; and,
WHEREAS, on May 14, 2013 the City Commission held a public hearing on the
Plan Amendment pursuant to Act 197, Public Acts of Michigan, 1975, as amended (“the
Act”); and,
WHEREAS, the purpose of the amendment is to amend the Development Plan and
Tax Increment Financing Plan to limit the captured assessed value for Parcel #61-24-205-
558-0001-00 to 100% of the difference between the 1988 assessed value and the 2013
assessed value for that parcel and 25% of any increase in the assessed value beyond the
2013 tax year value; and,
WHEREAS the City has published the Notice of Public Hearing twice in MLIVE, has
posted the Notice of Public Hearing in 20 conspicuous and public places, has mailed the
Notice of Public Hearing to all property owners within the DDA and has mailed by certified
mail the Notice of Public Hearing to the governing bodies of each taxing jurisdiction in
which the Development Area is located and given them an opportunity at the public hearing
to express their views and recommendations regarding the Plan Amendment.
NOW, THEREFORE, THE CITY OF MUSKEGON ORDAINS:
1. Findings
(a) The development plan portion of the Plan, as amended by the Plan
Amendment, meets the requirements set forth in Section 17(2) of the Act, and the tax
increment financing plan portion of the Plan, as amended by the Plan Amendment,
meets the meets the requirements set forth in Section 14(2) of the Act.
(b) The proposed method of financing the development is feasible and the
Authority has the ability to arrange the financing.
(c) The development is reasonable and necessary to carry out the purposes
of the Act.
(d) Any land included within the Development Area to be acquired is
reasonably necessary to carry out the purposes of the Act.
(e) The Plan, as amended by the Plan Amendment, is in reasonable accord
with the master plan of the City.
(f) Public services, such as fire and police protection and utilities, are or will
be adequate to service the Development Area.
(g) Changes in zoning, streets, street levels, intersections, and utilities, to the
extent required by the Plan, as amended by the Plan Amendment, are reasonably
necessary for the Plan, as amended by the Plan Amendment, and for the City.
2. Public Purpose. The City Commission hereby determines that the Plan, as
amended by the Plan Amendment, constitutes a public purpose.
3. Best Interest of the Public. The City Commission hereby determines that it is
in the best interests of the public to halt property value deterioration, increase property
tax valuation, eliminate the causes of the deterioration in property values, and to
promote growth in the Downtown District to proceed with the Plan, as amended by the
Plan Amendment.
4. Approval and Adoption of Plan Amendment. The Plan Amendment is hereby
approved and adopted. A copy of the Plan, the Plan Amendment, and all later
amendments thereto shall be maintained on file in the City Clerk’s office.
5. Amendment to Ordinance No. 969; Conflict and Severability. Ordinance No.
969 is hereby amended by this ordinance. All ordinances, resolutions and orders, or
parts thereof, in conflict with the provisions of the Ordinance are, to the extent of such
conflict, hereby repealed. Each section of the Ordinance and each subdivision of any
section thereof is hereby declared to be independent, and the finding or holding of any
section or subdivision thereof to be invalid or void shall not be deemed or held to affect
the validity of any other section or subdivision of the Ordinance.
6. Paragraph Headings. The paragraph headings in this Ordinance are
furnished for convenience of reference only and shall not be considered to be a part of
the Ordinance.
7. Publication and Recordation. The Ordinance shall be published in full
promptly after its adoption in the Muskegon Chronicle, a newspaper of general
circulation in the City, qualified under State law to publish legal notices, and shall be
recorded in the Ordinance Book of the City, which recording shall be authenticated by
the signature of the City Clerk.
8. Effective Date. The Ordinance is hereby determined by the City Commission
to be immediately necessary for the interests of the City and shall be in full force and
effect from and after its passage and publication as required by law.
Passed and adopted by the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, on May 14, 2013.
AYES: Members _____________________________________________
NAYS: Members _____________________________________________
ABSENT: Members _____________________________________________
ORDINANCE DECLARED ADOPTED.
EFFECTIVE DATE: _____________________
CITY OF MUSKEGON
By ________________________
Ann Marie Cummings, City Clerk
I hereby certify that the foregoing is a true and complete copy of Ordinance No. ______
adopted by the City Commission of the City of Muskegon, County of Muskegon, State of
Michigan, at a regular meeting held on May 14, 2013, 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.
_____________________________
Ann Marie Cummings, City Clerk
Commission Meeting Date: May 14, 2013
Date: April 29, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing for Amendment to Brownfield
Plan- Terrace Point Landing, LLC
SUMMARY OF REQUEST: To hold a public hearing and approve the attached resolution
approving and adopting the amendment for the Brownfield Plan. The amendments are for
the inclusion of property owned by Terrace Point Landing, LLC in the Brownfield Plan.
FINANCIAL IMPACT: Brownfield Tax increment Financing will be used to reimburse the
developer for “eligible expenses” incurred in association with development of the Terrace
Point Landing project. Terrace Point Landing, LLC cost for the development of the property
is approximately $12 million in private investment, resulting in a substantial increase in the
local and school taxes generated by the property.
“Eligible Expenses” would be reimbursed starting in 2012, including the payment of 5%
interest annually. The estimated tax capture and payment schedule is included as
Attachment U-3 in the proposed Brownfield Plan Amendment.
After all eligible costs incurred by the various parties are reimbursed (estimated to be in
2024), the BRA is authorized to continue to capture local taxes for five more years for deposit
into a Local Site Remediation Revolving Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing
for May 14, 2013 at their April 9, 2013 meeting. Since that time, a notice of the public hearing
has been sent to taxing jurisdictions. In addition, the Brownfield Redevelopment Authority
approved the Plan amendment on April 9, 2013 and further recommends that the Muskegon
City Commission approve the Plan amendment.
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
Terrace Point Landing, 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 Commission
Chambers, on the 14th day of May 2013, at 5:30 p.m., prevailing Eastern Time.
PRESENT: Members
__________________________________________________________________
__________________________________________________________________
ABSENT: Members
__________________________________________________________________
The following preamble and resolution were offered by Commissioner
_________________ and supported by Commissioner _________________:
WHEREAS, in accordance with the provisions of Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield
Redevelopment Authority (the "Authority") has prepared and approved a Brownfield
Plan Amendment to add Terrace Point Landing, LLC; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to
the City Commission requesting its approval of the Brownfield Plan Amendment;
and
WHEREAS, the City Commission has provided notice and a reasonable
opportunity to the taxing jurisdictions levying taxes subject to capture to express
their views and recommendations regarding the Brownfield Plan Amendment, as
required by Act 381; and
WHEREAS, not less than 10 days has passed since the City Commission
provided notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed
Brownfield Plan on May 14, 2013.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of
Act 381.
3. That the proposed method of financing the costs of the eligible
activities, as identified in the Brownfield Plan and defined in Act 381, is feasible
and the Authority has the authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan
are reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the
adoption of the Brownfield Plan is reasonable.
6. That the Brownfield Plan in the form presented is approved and is
effective immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be
and the same are hereby rescinded.
Be It Further Resolved that the Mayor and City Clerk are hereby
authorized to execute all documents necessary or appropriate to implement the
provisions of the Brownfield Plan.
AYES: Members
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
NAYS:
Members__________________________________________________________
__________________________________________________________________
RESOLUTION DECLARED ADOPTED.
_____________________________
Ann Marie Cummings, City Clerk
_____________________________
Stephen J. Gawron, Mayor
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 May 14, 2013, 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.
_____________________________
Ann Marie Cummings, City Clerk
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
TERRACE POINT LANDING
REDEVELOPMENT PROJECT
April 9, 2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
TERRACE POINT LANDING
REDEVELOPMENT PROJECT
Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment
Authority on February 23, 1998, with amendments approved 8/10/98; 6/13/00; 4/15/03;
7/7/03; 4/20/04; 6/21/04; 9/8/04; 9/5/06; 2/23/07; 5/15/07, 11/12/07, and 5/13/08.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with amendments approved 8/11/98; 7/11/00; 5/27/03; 8/12/03; 5/25/04;
7/13/04; 7/27/04; 10/12/04; 10/24/06; 3/27/07; 6/12/07; 1/8/08, and 5/13/08.
ii 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
Page
I. INTRODUCTION 1
II. GENERAL PROVISIONS 1
A. Costs of the Brownfield Plan 1
B. Maximum Amount of Indebtedness 2
C. Duration of the Brownfield Plan 2
D. Displacement/Relocation of Individuals on
Eligible Properties 2
E. Local Site Remediation Revolving Fund 2
III. SITE SPECIFIC PROVISIONS 3
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11/98)
C. Beacon Recycling (Approved 7/11/00)
D. Verplank Dock Company (Approved 5/27/03)
E. Gillespie Development Property (Approved 8/12/03))
F. Loft Properties, LLC Property (Approved 8/12/03)
G. Parmenter O’Toole Property (Approved 8/12/03)
H. “The WaterMark” Project (Approved 5/25/04)
I. Northern Machine Tool (Approved July 13, 2004)
J. Terrace Lots Office Building (Approved July 13, 2004)
K. Art Works Apartments (Approved July 27, 2004)
L. Former Muskegon Mall (Approved October 12, 2004)
M. Vida Nova at Edison Landing (Approved 10/10/06)
N. Western Ave. Properties LLC and Port City Development Services, LLC
(Approved 10/10/06)
O. Viridian Place at Edison Landing (Approved 10/24/06)
P. Hot Rod Harley (Approved March 27, 07)
Q. Sidock Building Project (Approved June 12, 07)
R. Heritage Square Town Homes (Approved 1/8/08)
S. Betten Auto Dealerships (Approved 5/13/08)
T. Parkland Muskegon Mixed Use Project (______)
U. Terrace Point Landing Redevelopment Project (Proposed)
iii 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential properties
within the boundaries of the City of Muskegon (the “City”), the City established the City
of Muskegon Brownfield Redevelopment Authority (the “Authority”) pursuant to the
Brownfield Redevelopment Financing Act, P.A. 381 of 1996, as amended (“Act 381”),
and a resolution adopted by the Muskegon City Commission on February 10, 1998.
Terms defined in Act 381 and applicable sections of the statute are noted in italics
throughout this document.
The major purpose of this Brownfield Plan (“Plan”) is to promote the redevelopment of
eligible properties within the City that are impacted by the presence of hazardous
substances in concentrations that exceed Michigan’s Part 201 Generic Cleanup Criteria
(“facilities”) or that have been determined to be Functionally Obsolete or Blighted.
Inclusion of property within this Plan can facilitate financing of environmental response
activities, infrastructure improvements, demolition, lead or asbestos abatement, and site
preparation activities at eligible properties; and may also provide other incentives to
eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating
redevelopment of underutilized eligible properties, the Plan is intended to promote
economic growth for the benefit of the residents of the City and all taxing units located
within and benefited by the Authority.
This Plan is intended to be a living document, which can be amended as necessary to
achieve the purposes of Act 381. It is specifically anticipated that properties will be
continually added to the Plan as new projects are identified. The Plan contains general
provisions applicable to the Plan, as well as property-specific information for each
project. The applicable Sections of Act 381 are noted throughout the Plan for reference
purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act 381, as
amended. Additional information is available from the Muskegon City Manager or the
Director of Planning and Economic Development.
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(1)(a))
Any site-specific costs of implementing this Plan are described in the site-specific
section of the Plan. Site-specific sources of funding may include tax increment financing
revenue generated from new development on eligible brownfield properties, state and
federal grant or loan funds, and/or private parties. Where private parties finance the
costs of eligible activities under the Plan, tax increment revenues may be used to
reimburse the private parties. The initial costs related to preparation of the Brownfield
Plan were funded by the City’s general fund. Subsequent amendments to the Plan may
be funded by the person requesting inclusion of a project in the Plan, and if eligible, may
be reimbursed through tax increment financing.
1 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
The Authority intends to pay for administrative costs and all of the things necessary or
convenient to achieve the objectives and purposes of the Authority with fees charged to
applicants to be included in the Plan, and any eligible tax increment revenues collected
pursuant to the Plan, in accordance with the provisions of Act 381, including, but not
limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, and
iii) costs for Plan implementation
Tax increment revenues that may be generated and captured by this Plan are identified
in the site-specific sections of this Plan.
B. Method for Financing Costs of Plan (Section 13(1)(d) and (e))
The City or Brownfield Authority may incur some debt on a site-specific basis. Please
refer to the site-specific section of this Plan for details on any debt to be incurred by the
City or Authority. When a property proposed for inclusion in the Plan is in an area where
tax increment financing is a viable option, the Authority intends to enter into
Development Agreements with the property owners/developers of properties included in
the Plan to reimburse them for the costs of eligible activities undertaken pursuant to this
Plan. Financing arrangements will be specified in a Development and Reimbursement
Agreement, and also identified in the Site Specific section of the Plan.
C. Duration of the Brownfield Plan (Section 13(1)(f))
The duration of this Plan is expected to be 35 years. It is estimated that the initial site
roads and related infrastructure associated with the Project (defined below) will be
completed by 2014/2015 and it is estimated that it could take up to 30 years to recapture
eligible costs through tax increment revenues. In addition, once all activity costs are
reimbursed, funds may be captured for the local site remediation revolving fund, if
available. Therefore, the duration of capture for the Project (defined below) will begin no
later than 2015 and will continue until such time that all the eligible activities undertaken
in this Plan are reimbursed, but in no event will the Plan exceed the maximum duration
provided for in (MCLA 125.2663(1)(22)). The total costs of eligible activities include the
cost of principal and interest on any note or obligation issued by the Authority to pay for
the costs of eligible activities, the cost of principal and interest otherwise incurred to pay
for eligible activities, the reasonable costs of a work plan or remedial action plan and the
costs of preparation of Brownfield Plans and amendments.
D. Displacement/Relocation of Individuals on Eligible Properties
(Section 13(1)(i),(j)(k)(l)
At this time, eligible properties identified in this Plan do not contain existing residences,
Therefore the provisions of Section 13(1)(i-l) are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(1)(m))
Whenever this Plan includes a property for which taxes will be captured through the tax
increment financing authority provided by Act 381, it is the Authority's intent to establish
2 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
and fund a Local Site Remediation Revolving Fund ("Fund"). The Fund will consist of
tax increment revenues that exceed the costs of eligible activities incurred on an eligible
property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture
of tax increment revenue from an eligible property for up to 5 years after the time that
capture is required for the purposes of paying the costs of eligible activities identified in
the Plan. It is the intention of the Authority to continue to capture tax increment
revenues for 5 years after eligible activities are funded from those properties identified
for tax capture in the Plan, provided that the time frame allowed by Act 381 for tax
capture is sufficient to accommodate capture to capitalize a Fund. The amount of school
operating taxes captured for the Revolving Fund will be limited to the amount of school
operating taxes captured for eligible environmental response activities under this Plan. It
may also include funds appropriated or otherwise made available from public or private
sources.
The Revolving Fund may be used to reimburse the Authority, the City, and private
parties for the costs of eligible activities at eligible properties and other costs as
permitted by Act 381. It may also be used for eligible activities on an eligible property for
which there is no ability to capture tax increment revenues. The establishment of this
Revolving Fund will provide additional flexibility to the Authority in facilitating
redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
III. SITE SPECIFIC PROVISIONS
T. TERRACE POINT LANDING REDEVELOPMENT PROJECT
1. Eligibility and Project Description(Sec. 13(1)(h))
Project Description
The eligible property comprising the Terrace Point Landing Redevelopment Project
included in this Plan is approximately 11 acres of vacant land located at the end of
Terrace Point Road in downtown Muskegon, Michigan (see Attachment U-1). The
parcel number/legal description of the eligible property is:
Parcel #61-24-205-558-0001-00; Legal description as follows:
CITY OF MUSKEGON REVISED PLAT OF 1903 THAT PART OF BLK 558 AS RECORDED IN L 3 OF PLATS P
71 MUSKEGON COUNTY MI INCLUDING ALL LANDS MADE BY LAND-FILL WHICH MAY HAVE BEEN
SUBSQUEOUS LANDS AT THE TIME OF THE DEDICATION OF SD REVISED PLAT OF 1903 DESC AS FOLS:
COM @ INT NELY LN TERRACE ST BEING SWLY LN BLK 557 EXTND TO CL VAC WATER ST TH N 62D 44M
00S W ALNG NELY LN SD TERRACE ST EXTND 381.45 FT TH WLY ALNG NLY LN SD TERRACE ST ALNG
ARC OF A 302.48 FT R CURVE TO LT A DIST OF 269.86 FT TO LN BET LOTS 5 & 6 SD BLK 558 (LC SD
CURVE BEARS N 88D 17M 30S W 261 FT CENTRAL ANGLE SD CURVE 51D 07M 00S) TH N 46D 09M 15S W
ALNG SD LN BET LOTS 5 & 6 A DIST 534.25 FT TO POB THIS DESC TH N 27D 25M 55S E 925.82 FT TO A
POINT HEREINAFTER REFERRED TO AS "POINT A" TH CONT N 27D 25M 55S E 5 FT M/L TO SHORE
MUSKEGON LAKE TH NWLY & SWLY ALNG SHORE MUSKEGON LAKE 1350 FT M/L TO SD LN BET LOTS 5
& 6 SD BLK TH S 46D 09M 15S E ALNG SD LN BET LOTS 5 & 6 A DIST 820 FT M/L TO POB EXC PART TH'OF
INCLUDED IN FOL DESC PARCEL THAT PART BLKS 558 & 563 DESC AS FOL COM @ INT NELY LN
TERRACE ST BEING SWLY LN BLK 557 EXTND TO CL VAC WATER ST TH N 62D 44M 00S W ALNG NELY
LN SD TERRACE ST EXTND 381.45 FT TH WLY ALNG NLY LN SD TERRACE ST ALNG ARC OF A 302.48 FT
R CURVE TO LT A DIST 477.51 FT (LC SD CURVE BEARS S 72D 02M 30S W 429.45 FT CENTRAL ANGLE SD
CURVE IS 90D 27M 00S) TH S 26D 49M 00S W ALNG NELY LN SD TERRACE ST 225.07 FT TO A POINT
3 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
HEREINAFTER REFERRED TO AS POB FOR EASEMENT TH NLY ALNG ARC OF A 517 FT R CURVE TO RT
A DIST 705.40 FT (LC SD CURVE BEARS N 23 D 29M 25S W 651.95 FT CENTRAL ANGLE SD CURVE IS 78D
10M 34S) TH N 15D 35M 52S E 187.25 FT TH ELY NLY & WLY ALNG ARC OF A 75 FT R CURVE TO LT A DIST
232.88 FT (LC SD CURVE BEARS N 18D 20M 25S W 149.98 FT CENTRAL ANGLE SD CURVE IS 177D 54M
42S) TO POB THIS DESC TH SWLY ALNG ARC OF A 75 FT R CURVE TO LT A DIST 105.61 FT (LC SD CUVE
BEARS S 32D 21M 55S W 97.10 FT CENTRAL ANGLE SD CURVE IS 80D 40M 47S) TH N 61D 06M 15S W
139.74 FT TH SWLY ALNG ARC OF 172 FT R CRUVE TO RT A DIST 89.56 FT (LC SD CURVE BEARS S 58D
58M 45S W 88.55 FT CENTRAL ANGLE SD CURVE IS 29D 50M 00S) TH S 73D 53M 45S W 127.91 FT TH N
16D 06M 15S W 75 FT TH S 73D 53M 45S W 110 FT TH N 16D 06M 15S W 250 FT M/L TO WATER'S EDGE
MUSKEGON LAKE TO A POINT HEREINAFTER REFFERED TO AS "POINT A" TH RECOM AT POB TH N 17D
17M 45S W 326.55 FT TH N 66D 15M 15S W 275 FT M/L TO WATER'S EDGE MUSKEGON LAKE TH SWLY
ALNG SD WATER'S EDGE MUSKEGON LAKE 350 FT M/L TO ABOVE MENTIONED "POINT A" EXC THAT
PART OF BLK 558 AS RECORDED IN L 3 OF PLATS P 71 MUSKEGON COUNTY MI INCLUDING ALL LANDS
MADE BY LAND-FILL WHICH MAY HAVE BEEN SUBSQUEOUS LANDS AT THE TIME OF THE DEDICATION
OF SD REVISED PLAT OF 1903 DESC AS FOLS: COM @ WESTERNMOST CRNR MUSKEGON LAKESHORE
SMARTZONE CONDOMINIUM SUBDIVISION NO. 100 AS AMENDED: TH N 27 DEG 25 MIN 55 SEC E 198.94
FT ALNG THE WLY LN OF SD CONDO TO POB TH N 62 DEG 05 MIN 15 SEC W 106.63 FT TH S 27 DEG 54
MIN 45 SEC W 61.66 FT TO THE NTHLY LINE OF TERRACE PT DR TH NWLY ALNG SD LINE 91.59 FT ALNG
A 75.00 FT RAD CURVE TO THE LEFT THE LONG CHORD OF WHICH BEARS N 62 DEG 02 MIN 15 SEC W
86.00 FT TH N 27 DEG 54 MIN 45 SEC E 127.66 FT TH S 62 DEG 05 MIN 15 SEC E 192.07 FT TO THE WLY
LINE OF SD CONDOMINIUM TH S 27 DEG 25 MIN 55 SEC W 66.00 FT ALNG SD LN TO POB.
This eligible property includes all real and new personal property.
The Terrace Point Landing Redevelopment Project (the “Project”) will redevelop the
contaminated vacant former Continental Motors property located at the end of Terrace
Point Road in downtown Muskegon (the “Property”). The Project will involve baseline
environmental assessment activities, due care and additional response activities to
address the existing contamination at the site, as well as site preparation and
infrastructure improvements to prepare the site for residential construction. The
Property will be redeveloped for construction of up to seventy (70) residential site
condominiums along Muskegon Lake. Site improvements for the Project will include
new utilities, sidewalks, streets, landscaping and shoreline improvements. Additional
improvements may include the construction of a pool and beach area. A proposed site
plan is included in Attachment U-2.
The private capital investment to complete the Project, including roads, infrastructure
and 70 new homes, is estimated to be approximately $10 million with approximately $2
million required to address the existing contamination and site improvements. The
Project will likely result in 30 or more construction jobs during the estimated 36 to 48
months of construction.
Eligible Activities, Financing, Cost of Plan (Sec. 13(1) (a),(b),(c),(d),(g))
Eligible activities include baseline environmental assessment activities, due care,
additional response activities, site preparation and infrastructure improvements (see
chart below).
Eligible Activities
Baseline Environmental Assessment Activities $ 45,000
Due Care Activities $ 297,500
Additional Response Activities $ 16,800
Site Preparation $ 780,000
Infrastructure Improvements $ 583,000
Sub-total $ 1,722,300
4 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
Contingency (15%) $ 258,345
Brownfield Plan/Work Plan Preparation and Development $ 20,000
Total Eligible Activities
to be paid for under this Plan $ 2,000,645
The eligible activities described above will occur on the Property and are further
described as follows:
1. Baseline Environmental Assessment Activities: Phase I and II
Environmental Site Assessments and Baseline Environmental
Assessments will be completed on behalf of future owner(s)/operator(s) to
provide an exemption from liability for existing contamination. The testing
will also be used to determine the extent of the contamination and to
develop a Due Care Plan.
2. Due Care Activities: Due Care Activities will include the installation of a
one foot cap of clean fill over impacted soils in greenspace on the
Property. The estimated cost includes the cost for hydroseeding the fill
material.
3. Additional Response Activities: Additional Response Activities will
include the removal and proper disposal of impacted soil during
construction of the site condos, utilities and certain infrastructure.
4. Site Preparation: Site Preparation on the Property will include
clearing and grubbing, debris removal, grading, sub-base and compaction
for infrastructure, soil and erosion control, installation or repair of a
seawall, dewatering and storm water detention controls.
5. Infrastructure Improvements: Infrastructure Improvements will include the
construction of storm sewers, water service, sanitary sewer, streets,
sidewalks, curbs and gutters and landscaping.
6. Brownfield/Work Plan Preparation and Development: Costs incurred
to prepare and develop this brownfield plan and a work plan, as required
per Act 381 of 1996, as amended.
It is intended that the above eligible activities will be reimbursed with interest at 5%. An
estimate of the captured taxable value and tax increment revenues, which includes the
impact on the taxing jurisdictions, is attached as Attachment U-3.
The cost to conduct the Project eligible activities included in this Plan will be initially
provided by Terrace Point Landing, LLC and they will seek reimbursement for eligible
activities through tax increment financing from local and state taxes. The Downtown
Development Authority Tax Increment Financing Plan was amended to capture only the
first 25% of incremental capture from the Property. It is intended that the Authority will
capture 100% of the remaining captured taxable value from the Property to reimburse
5 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
the developer for eligible activities incurred for the Project. No advances via bond or
notes will be made from the City for this Plan.
The Property has been determined to be eligible property as defined by Act 381 through
information obtained from a Phase I Environmental Site Assessment (ESA), Phase II
ESA, and Baseline Environmental Assessment (BEA) conducted by Marshall &
Associates in 2009.
Analyses of soil and groundwater samples conducted on the Property identified
contamination at concentrations above the Part 201 Generic Residential Cleanup
Criteria (cadmium, iron, lead, chromium, nickel and cyanide). A BEA was completed for
the Property in June 2009. The BEA concludes that the Property is a Part 201 “facility”
resulting from impact by contamination related to historic uses. See Attachment U-4 for
“facility” confirmation reports.
Effective Date of Inclusion in Brownfield Plan
The Terrace Point Landing Redevelopment Project was added to this Plan on
____________________.
6 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
ATTACHMENT U-1
SITE MAP
TERRACE POINT LANDING REDEVELOPMENT
PROJECT
7 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
ATTACHMENT U-2
PROPOSED SITE PLAN
TERRACE POINT LANDING REDEVELOPMENT
PROJECT
8 5/8/2013
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
ATTACHMENT U-3
TAX INCREMENT FINANCING TABLE
TERRACE POINT LANDING REDEVELOPMENT
PROJECT
9 5/8/2013
Terrace Point Penninsula
(Site Condos)
Jurisdiction - TIF Brownfield TIF Capture from Parkland Muskegon Property
Point Landing, LLC
n
eimbursement under Public Act 381
Related Activities $1,577,450
ctivities $423,195
$1,718,437
Revolving Fund Capture $833,308
TIF Capture $4,552,390
Year 1 (2013) Year 2 (2014) Year 3 (2015) Year 4 (2016) Year 5 (2017) Year 6 (2018) Year 7 (2019) Year 8 (2020) Year 9 (2021) Year 10 (2022) Year 11 (2023) Year 12 (2024) Year 13 (2025)
(TV): $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000
Non-Homestead: (1) $0 $0 $0 $545,000 $1,098,175 $1,659,648 $2,167,042 $2,199,548 $2,232,541 $2,266,029 $2,300,020 $2,334,520 $2,369,538
Land $0 $0 $662,500 $1,325,000 $1,987,500 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000
House (Homestead) $0 $0 $0 $545,000 $1,098,175 $1,659,648 $2,167,042 $2,199,548 $2,232,541 $2,266,029 $2,300,020 $2,334,520 $2,369,538
LE VALUE $0 $0 $662,500 $2,415,000 $4,183,850 $5,909,295 $6,924,085 $6,989,096 $7,055,082 $7,122,059 $7,190,040 $7,259,040 $7,329,076
$1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841
Millage
Rates (2)
16.55 $ - $ - $ - $ 9,020 $ 18,175 $ 27,467 $ 35,865 $ 36,403 $ 36,949 $ 37,503 $ 38,065 $ 38,636 $ 39,216
T) 6.00000 $ - $ - $ 3,975 $ 11,220 $ 18,514 $ 25,498 $ 28,542 $ 28,737 $ 28,935 $ 29,136 $ 29,340 $ 29,547 $ 29,757
$ - $ - $ (1,988) $ (5,610) $ (9,257) $ (12,749) $ (14,271) $ (14,369) $ (14,468) $ (14,568) $ (14,670) $ (14,774) $ (14,879)
18.00000 $ - $ - $ 11,925 $ 33,660 $ 55,542 $ 76,494 $ 85,627 $ 86,212 $ 86,806 $ 87,409 $ 88,020 $ 88,641 $ 89,272
24.0000 $ - $ - $ 13,913 $ 39,270 $ 64,799 $ 89,243 $ 99,898 $ 100,581 $ 101,273 $ 101,977 $ 102,690 $ 103,415 $ 104,150
pture $ - $ - $ 13,913 $ 53,183 $ 117,982 $ 207,224 $ 307,122 $ 407,703 $ 508,976 $ 610,953 $ 713,643 $ 817,058 $ 921,208
3.75800 $ - $ - $ 2,490 $ 7,027 $ 11,596 $ 15,970 $ 17,877 $ 17,999 $ 18,123 $ 18,249 $ 18,377 $ 18,506 $ 18,638
2.20370 $ - $ - $ 1,460 $ 4,121 $ 6,800 $ 9,365 $ 10,483 $ 10,555 $ 10,627 $ 10,701 $ 10,776 $ 10,852 $ 10,929
12.07490 $ - $ - $ 8,000 $ 22,580 $ 37,259 $ 51,314 $ 57,441 $ 57,833 $ 58,232 $ 58,636 $ 59,046 $ 59,463 $ 59,886
0.99730 $ - $ - $ 661 $ 1,865 $ 3,077 $ 4,238 $ 4,744 $ 4,777 $ 4,810 $ 4,843 $ 4,877 $ 4,911 $ 4,946
2.40000 $ - $ - $ 1,590 $ 4,488 $ 7,406 $ 10,199 $ 11,417 $ 11,495 $ 11,574 $ 11,654 $ 11,736 $ 11,819 $ 11,903
5.69840 $ - $ - $ 3,775 $ 10,656 $ 17,583 $ 24,216 $ 27,108 $ 27,293 $ 27,481 $ 27,672 $ 27,865 $ 28,062 $ 28,261
RE 27.1323 $ - $ - $ 17,975 $ 50,737 $ 83,721 $ 115,303 $ 129,069 $ 129,951 $ 130,847 $ 131,755 $ 132,677 $ 133,614 $ 134,564
apture $ - $ - $ 17,975 $ 68,713 $ 152,434 $ 267,737 $ 396,806 $ 526,758 $ 657,604 $ 789,360 $ 922,037 $ 1,055,651 $ 1,190,214
ARLY TAX CAPTURE 51.13230 $ - $ - $ 31,888 $ 99,027 $ 166,695 $ 232,012 $ 264,832 $ 266,934 $ 269,069 $ 271,235 $ 273,433 $ 275,665 $ 277,930
Y TAX CAPTURE (75%) (4) $ - $ - $ 23,916 $ 74,270 $ 125,022 $ 174,009 $ 198,624 $ 200,201 $ 201,801 $ 203,426 $ 205,075 $ 206,749 $ 208,447
Revolving Fund $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
is increased 1% per year for inflation.
ure does not include any debt. All millage rates are
Interest rate 5.00% MSF Costs $ 1,577,450 78.8%
new homes are subject to NEZ (Neighborhood
years beginning 2014) MDEQ Costs $ 423,195 21.2%
5% of tax increment on Property and Brownfield Plan
aining available increment generated. $ 2,000,645
al Costs $ 1,577,450 $ 1,656,323 $ 1,739,139 $ 1,826,096 $ 1,897,601 $ 1,930,993 $ 1,924,038 $ 1,876,178 $ 1,805,547 $ 1,730,080 $ 1,649,513 $ 1,563,574 $ 1,471,972
ment $ - $ - $ - $ 8,227 $ 23,222 $ 38,319 $ 52,774 $ 59,075 $ 59,479 $ 59,888 $ 60,304 $ 60,726 $ 61,155
ment $ - $ - $ - $ 10,630 $ 30,004 $ 49,509 $ 68,185 $ 76,326 $ 76,847 $ 77,377 $ 77,914 $ 78,459 $ 79,013
ent $ - $ - $ - $ - $ 5,334 $ 10,748 $ 16,243 $ 21,209 $ 21,527 $ 21,850 $ 22,177 $ 22,510 $ 22,848
nvironmental Costs $ 1,577,450 $ 1,656,323 $ 1,739,139 $ 1,807,239 $ 1,839,041 $ 1,832,417 $ 1,786,836 $ 1,719,569 $ 1,647,695 $ 1,570,965 $ 1,489,118 $ 1,401,878 $ 1,308,957
$ 78,873 $ 82,816 $ 86,957 $ 90,362 $ 91,952 $ 91,621 $ 89,342 $ 85,978 $ 82,385 $ 78,548 $ 74,456 $ 70,094 $ 65,448
osts $ 423,195 $ 444,355 $ 466,572 $ 489,901 $ 509,084 $ 518,043 $ 516,177 $ 503,337 $ 484,389 $ 464,142 $ 442,528 $ 419,472 $ 394,898
ment $ - $ - $ - $ 2,207 $ 6,230 $ 10,280 $ 14,158 $ 15,848 $ 15,957 $ 16,067 $ 16,178 $ 16,292 $ 16,406
ment $ - $ - $ - $ 2,852 $ 8,049 $ 13,282 $ 18,292 $ 20,476 $ 20,616 $ 20,758 $ 20,903 $ 21,049 $ 21,197
ent $ - $ - $ - $ - $ 1,431 $ 2,883 $ 4,358 $ 5,690 $ 5,775 $ 5,862 $ 5,950 $ 6,039 $ 6,130
nvironmental Costs $ 423,195 $ 444,355 $ 466,572 $ 484,842 $ 493,374 $ 491,597 $ 479,369 $ 461,322 $ 442,040 $ 421,455 $ 399,497 $ 376,093 $ 351,164
$ 21,160 $ 22,218 $ 23,329 $ 24,242 $ 24,669 $ 24,580 $ 23,968 $ 23,066 $ 22,102 $ 21,073 $ 19,975 $ 18,805 $ 17,558
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
ement $ - $ - $ - $ 23,916 $ 74,270 $ 125,022 $ 174,009 $ 198,624 $ 200,201 $ 201,801 $ 203,426 $ 205,075 $ 206,749
Terrace Point Penninsula
(Site Condos)
Brownfield TIF Capture from Parkland Muskegon Property
NEZ Phase out
ar 15 (2027) Year 16 (2028) Year 17 (2029) Year 18 (2030) Year 19 (2031) Year 20 (2032) Year 21 (2033) Year 22 (2034) Year 23 (2035) Year 24 (2036) Year 25 (2037) Year 26 (2038) Year 27 (2039) Year 28 (2040) Year 29 (2041) Year 30 (2042)
$36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000
$2,441,157 $2,477,774 $2,514,941 $2,552,665 $2,590,955 $2,629,820 $2,669,267 $2,709,306 $2,749,945 $2,791,195 $2,833,063 $2,875,558 $2,918,692 $2,962,472 $3,006,909 $3,052,013
$2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000 $2,590,000
$2,441,157 $2,477,774 $2,514,941 $2,552,665 $2,590,955 $2,629,820 $2,669,267 $2,709,306 $2,749,945 $2,791,195 $2,833,063 $2,875,558 $2,918,692 $2,962,472 $3,006,909 $3,052,013
$7,472,314 $7,545,549 $7,619,882 $7,695,330 $7,771,910 $7,849,639 $7,928,534 $8,008,612 $8,089,891 $8,172,389 $8,256,125 $8,341,117 $8,427,384 $8,514,944 $8,603,819 $8,694,026
$1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841 $1,841
40,401 Total
Project
Capture
30,187 $ 45,273 $ 45,719 $ 46,172 $ 46,631 $ 47,098 $ 47,571 $ 48,052 $ - $ - $ - $ - $ - $ - $ - $ - $ 649,877
(15,093) $ (22,637) $ (22,860) $ (23,086) $ (23,316) $ (23,549) $ (23,786) $ (24,026) $ - $ - $ - $ - $ - $ - $ - $ - $ (324,938)
90,561 $ 135,820 $ 137,158 $ 138,516 $ 139,894 $ 141,294 $ 142,714 $ 144,155 $ - $ - $ - $ - $ - $ - $ - $ - $ 1,949,630
105,654 $ 158,457 $ 160,018 $ 161,602 $ 163,210 $ 164,842 $ 166,499 $ 168,181 $ - $ - $ - $ - $ - $ - $ - $ - $ 2,274,568
1,131,759 $ 1,290,216 $ 1,450,233 $ 1,611,835 $ 1,775,045 $ 1,939,888 $ 2,106,387 $ 2,274,568 $ 2,274,568 $ 2,274,568 $ 2,274,568 $ 2,274,568 $ 2,274,568 $ 2,274,568 $ 2,274,568 $ 2,274,568
18,907 $ 24,864 $ 26,273 $ 27,720 $ 29,207 $ 29,499 $ 29,795 $ 30,096 $ 30,402 $ 30,712 $ 31,027 $ 31,346 $ 31,670 $ 31,999 $ 32,333 $ 32,672 $ 652,146
11,087 $ 14,581 $ 15,406 $ 16,255 $ 17,127 $ 17,298 $ 17,472 $ 17,649 $ 17,828 $ 18,009 $ 18,194 $ 18,381 $ 18,571 $ 18,764 $ 18,960 $ 19,159 $ 382,420
60,751 $ 79,892 $ 84,417 $ 89,067 $ 93,845 $ 94,784 $ 95,736 $ 96,703 $ 97,685 $ 98,681 $ 99,692 $ 100,718 $ 101,760 $ 102,817 $ 103,890 $ 104,979 $ 2,095,423
5,018 $ 6,599 $ 6,972 $ 7,356 $ 7,751 $ 7,828 $ 7,907 $ 7,987 $ 8,068 $ 8,150 $ 8,234 $ 8,319 $ 8,405 $ 8,492 $ 8,581 $ 8,671 $ 173,067
12,075 $ 15,879 $ 16,779 $ 17,703 $ 18,653 $ 18,839 $ 19,028 $ 19,221 $ 19,416 $ 19,614 $ 19,815 $ 20,019 $ 20,226 $ 20,436 $ 20,649 $ 20,866 $ 416,485
28,670 $ 37,703 $ 39,838 $ 42,033 $ 44,287 $ 44,730 $ 45,180 $ 45,636 $ 46,099 $ 46,570 $ 47,047 $ 47,531 $ 48,023 $ 48,522 $ 49,028 $ 49,542 $ 988,874
136,507 $ 179,518 $ 189,686 $ 200,135 $ 210,870 $ 212,979 $ 215,119 $ 217,292 $ 219,497 $ 221,736 $ 224,008 $ 226,314 $ 228,654 $ 231,030 $ 233,441 $ 235,889 $ 4,708,416
1,462,249 $ 1,641,767 $ 1,831,453 $ 2,031,587 $ 2,242,457 $ 2,455,436 $ 2,670,555 $ 2,887,847 $ 3,107,345 $ 3,329,080 $ 3,553,088 $ 3,779,402 $ 4,008,056 $ 4,239,086 $ 4,472,527 $ 4,708,416
282,562 $ 337,974 $ 349,703 $ 361,736 $ 374,080 $ 377,821 $ 381,619 $ 385,473 $ 219,497 $ 221,736 $ 224,008 $ 226,314 $ 228,654 $ 231,030 $ 233,441 $ 235,889 $ 7,380,487
211,922 $ 253,481 $ 262,278 $ 271,302 $ 280,560 $ 283,366 $ 286,214 $ 289,105 $ 164,623 $ 166,302 $ 168,006 $ 169,735 $ 171,491 $ 173,273 $ 175,081 $ 176,917 $ 5,535,365
- $ - $ - $ - $ - $ - $ - $ 164,642 $ 164,623 $ 166,302 $ 168,006 $ 169,735 $ - $ - $ - $ - $ 833,308
Total Reimbursement
1,270,553 $ 1,160,081 $ 1,042,636 $ 884,912 $ 712,020 $ 523,011 $ 316,888 $ 98,135 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
62,031 $ 62,479 $ 93,704 $ 94,627 $ 95,564 $ 96,515 $ 97,480 $ 42,816 $ - $ - $ - $ - $ - $ - $ - $ - $ 1,189,975
80,145 $ 80,724 $ 106,158 $ 112,171 $ 118,350 $ 124,698 $ 125,946 $ 55,319 $ - $ - $ - $ - $ - $ - $ - $ - $ 1,507,348
23,538 $ 23,891 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 235,065
1,104,839 $ 992,986 $ 842,774 $ 678,114 $ 498,106 $ 301,798 $ 93,462 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 2,932,388 MSF
55,242 $ 49,649 $ 42,139 $ 33,906 $ 24,905 $ 15,090 $ 4,673 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
340,861 $ 311,224 $ 279,716 $ 237,402 $ 191,019 $ 140,312 $ 85,014 $ 26,328 $ 0 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1
16,642 $ 16,762 $ 25,139 $ 25,386 $ 25,638 $ 25,893 $ 26,152 $ 11,487 $ - $ - $ - $ - $ - $ - $ - $ - $ 319,244
21,501 $ 21,656 $ 28,480 $ 30,093 $ 31,751 $ 33,454 $ 33,788 $ 14,841 $ - $ - $ - $ - $ - $ - $ - $ - $ 404,388
6,315 $ 6,410 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 63,063
296,404 $ 266,396 $ 226,098 $ 181,923 $ 133,631 $ 80,966 $ 25,074 $ 0 $ 0 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 1 $ 786,694 MDEQ
14,820 $ 13,320 $ 11,305 $ 9,096 $ 6,682 $ 4,048 $ 1,254 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
- $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
- $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
- $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
- $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - Local
210,172 $ 211,922 $ 253,481 $ 262,278 $ 271,302 $ 280,560 $ 283,366 $ 124,462 $ - $ - $ - $ - $ - $ - $ - $ -
City of Muskegon Brownfield Plan Amendment
Terrace Point Landing Redevelopment Project
ATTACHMENT U-4
FACILITY CONFIRMATION
TERRACE POINT LANDING REDEVELOPMENT
PROJECT
10 5/8/2013
Date: May 14, 2013
To: Honorable Mayor and City Commissioners
From: DPW
RE: Agreement for Transportation Services with Wakefield Corporation
to provide senior transit services
SUMMARY OF REQUEST:
Authorize the mayor and City Clerk to sign the attached agreement for transportation
services for senior transit services with Wakefield Corporation out of Muskegon. The
proposed agreement is for a one year term starting the first of July, 2013 and ending at
the end of June 2014.
FINANCIAL IMPACT:
The estimated cost for the proposed agreement is $44,000; $40,000 of which to subsidize
up to 8000 rides for the City’s senior citizens and the remaining amount is to cover staff’s
cost of administering the program.
BUDGET ACTION REQUIRED:
Should this request be approved, it will have to be a part of the proposed 2013/2014
budget.
STAFF RECOMMENDATION:
Authorize the mayor and clerk to sign the attached agreement and direct staff to incorporate
into the 2013/2014 budget.
COMMITTEE RECOMMENDATION:
Date: May 14, 2013
To: Honorable Mayor and City Commissioners
From: DPW
RE: Reclassification of Water Filtration Plant Supervisor Position
SUMMARY OF REQUEST:
Change the classification of the Filtration Plant Supervisor Position from Range IIIB
Range IIIA. The requested change, if approved, we feel will enhance the City’s ability
to attract more qualified candidates to fill the soon to be vacant position as a result of
the resignation of current supervisor.
FINANCIAL IMPACT:
An increase of $5,485 per year which is the difference between Range IIIB ($55,998 -
$74,664) & IIIA ($60,234 - $80,149).
BUDGET ACTION REQUIRED:
None at this time
STAFF RECOMMENDATION:
Approve the reclassification of the Filtration Plant Supervisor Position from Range IIIB to
Range IIIA.
COMMITTEE RECOMMENDATION:
CITY COMMISSION MEETING DATE
May 14, 2013
Date: April 25, 2013
To: Honorable Mayor and City Commissioners
From: Cathy Brubaker-Clarke, Director of Community &
Economic Development
Re: Special Event Request – Coast West Music Festival
SUMMARY OF REQUEST: The Festival Group of Muskegon County has filed a special
event application for the first “Coast West Music Festival” to be held at Heritage Landing,
July 1 – 6, 2013. There is one request on their application that requires City Commission
approval, and that is to keep one of the beer tents open until midnight, rather than 11:00.
They will still turn the music off at 11:00 to comply with the noise ordinance. The later
closing time will allow time for people to leave gradually, rather than a mass of people at
once, when the music ends.
City approval would be given contingent on a letter of support from Muskegon County, since
it is a County park.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION: N/A
AGENDA ITEM No. ________
MUSKEGON CITY COMMISSION – May 14, 2013
TO: Honorable Mayor & City Commissioners
FROM: Planning Department
DATE: May 7, 2013
SUBJECT: New Neighborhood Enterprise Zone district
SUMMARY OF REQUEST
To establish a new Neighborhood Enterprise Zone (NEZ) district within the City limits. The
new location is at the Terrace Point Condominium project site. Properties located in NEZ
districts are eligible to apply for NEZ certificates, which will lower the property taxes with new
construction.
FINANCIAL IMPACT
For those properties that are approved for a Neighborhood Enterprise Zone Certificate, taxation
will be 50% of the State average for up to 12 years, depending on investment levels.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Approval of the new NEZ districts.
COMMITTEE RECOMMENDATION
None.
Resolution No. ________
MUSKEGON CITY COMMISSION
RESOLUTION TO EXPAND THE NEIGHBORHOOD ENTERPRIZE ZONE
DISTRICTS WITHIN THE CITY OF MUSKEGON
WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;
WHEREAS, the City of Muskegon would like to expand the current Neighborhood Enterprise
Zone districts to a new location within the City, and;
WHEREAS, the new district boundaries will include the property known as “Terrace Point
Condominiums,” as shown in Attachment A, and;
WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;
NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone districts
in the City of Muskegon have been approved.
Adopted this, 14th day of May, 2013.
Ayes:
Nays:
Absent:
By: __________________________
Stephen Gawron, Mayor
Attest: _________________________
Ann Cummings
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 May 14, 2013.
By: ________________________
Ann Cummings
City Clerk
ATTACHMENT A