City Commission Packet 03-22-2016

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                        MARCH 22, 2016
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                  AGENDA

□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
      A. Approval of Minutes City Clerk
      B. Aggregates, Highway Maintenance Materials, and Concrete
         Department of Public Works
      C. Special Event Request – Catamaran Racing Association of Michigan
         (CRAM) Request to allow overnight camping at Pere Marquette Park (in
         conjunction with their annual Catamaran sailing regatta) Community
         & Economic Development
□   PUBLIC HEARINGS:
      A. Establishment of a Commercial Rehabilitation District – 810 1st Street,
         216 W. Clay Avenue, 208 W. Clay Avenue Planning & Economic
         Development
      B. Request to Establish an Obsolete Property Rehabilitation District – 880 1st
         Street and 216 W. Clay Avenue Planning & Economic Development
      C. Recommendation for Annual Renewal of Liquor Licenses          City Clerk
      D. Soliciting Input for the Michigan Natural Resources Trust Fund Grant at
         Pere Marquette Park Engineering
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
        A. Tobacco Products Ordinance Amendments (SECOND READING)
           Public Safety
        B. Local Parking Ordinance Amendments (SECOND READING)
           Public Safety


□ NEW BUSINESS:
□ 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 MEISCH, 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.
Memorandum
To:     Mayor and Commissioners
From: Frank Peterson
Re:     City Commission Meeting
Date: March 22, 2016
Here is a quick outline of the items on next week’s agenda:

1.      Under the consent agenda, we are asking the Commission to for approval of the following:
        a. Last meeting’s minutes.
        b. Approval of annual aggregates purchase by DPW.
        c. Approval of the annual Catamaran Racing Association of Michigan’s event at PM Park
            – which will include some overnight camping at the park.
2.      Under Public Hearings:
        a. We will be taking comments on the establishment of a commercial rehabilitation
            district at 880 1st Street, 216 West Clay Ave, and 208 West Clay Ave to assist with the
            redevelopment of the sites.
        b. We will be taking comments on the establishment of an obsolete property
            rehabilitation district at 880 1st Street and 216 West Clay Ave to assist with the
            redevelopment of the sites.
        c. We will be recommending approval of annual liquor licenses. There are a few license
            holders that are finalizing items for their renewal, so we will have the final list just
            prior to the commission meeting.
        d. We will be taking comments/input into what should be included in the MDNR Trust
            Fund Application that will be submitted to the DNR in April to assist with playground
            improvements and restroom improvements at Pere Marquette Park.
3.      Unfinished Business
        a. Second reading of an amendment to the parking ordinance to finalize the clean-up
            of a number of areas of the ordinance. This is expected to fix the issues un-covered
            last year when we implemented the winter parking rules.
        b. Second reading of an amendment to the tobacco products ordinance that will
            address e-cigarettes.

If there are questions on any agenda items, please try to let staff know in advance, and we will
be sure to have the appropriate data/research available at the meeting.

Frank
Date:      March 16, 2016
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the February 23, 2016
Regular City Commission Meeting, the March 7, 2016 Work Session Meeting,
and the March 10, 2016 Special City Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     FEBRUARY 23, 2016
    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, February 23, 2016.
Pastor Tim Cross, Living Word Church, opened the meeting with prayer, after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Vice-Mayor Hood, Commissioners Dan Rinsema-Sybenga, Byron
Turnquist, Ken Johnson, Debra Warren, and Willie German, Jr., City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Mayor Stephen Gawron
HONORS AND AWARDS:
A Certificate of Appreciation was presented by Public Safety Director, Chief
Jeffrey A. Lewis, to Khaiyah Steward in recognition of her act of compassion and
rendering of assistance to another citizen.
INTRODUCTIONS/PRESENTATIONS
      A. Recently Promoted Employees
       • Samantha Ferguson – Community Development Specialist
         o Planning and Community & Neighborhood Services
       • Carrie Kotchka – Housing Rehab Counselor
         o Community & Neighborhood Services
Samantha Ferguson and Carrie Kotchka were introduced by Oneata Bailey and
Cathy Brubaker-Clarke as employees that have had the opportunity to promote
from within and both ladies were recognized.
      B. Sister Cities Presentation
Joel Erndteman and Dana Wyant, area teachers acting as Sister Cities
Chaperones, introduced a portion of the group of students that will be traveling
to Japan later this year as part of the Sister Cities program.
2016-15 CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the February 8, 2016 Work
Session Meeting and the February 9, 2016 Regular City Commission Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the Minutes.
      B. Tobacco Products Ordinance Amendments               Public Safety
SUMMARY OF REQUEST: In order to have the City’s enforcement ordinances
align with other neighboring communities, our ordinance involving the use or
possession of tobacco products was amended. The amended ordinance
reflects a county-wide effort to standardize the enforcement as it relates to
tobacco use and sales. At the same time it address the use of vapor products
and the use of electronic devices, which dispense nicotine solution or other
forms intended for human consumption.
As such, Section 54-242, Article VII, of the City of Muskegon ordinance is being
repealed and replaced. In addition to the use of e-cigarettes and vapor
products, the ordinance decriminalizes the use of tobacco and associated
products; those citizens will receive a civil infraction violation. Those that illegally
supply tobacco and related products will receive a misdemeanor violation as
described by ordinance.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adopt revised ordinance as presented.
(SECOND READING REQUIRED)
      D. 2016 Dozer Rental for Beach Leveling Department of Public Works
SUMMARY OF REQUEST: Staff is requesting permission to enter into a rental
agreement with Contractors Rental Corporation, out of Grand Rapids,
Michigan, for a John Deer Cab Dozer for leveling sand at Pere Marquette
Beach.
FINANCIAL IMPACT: Estimated cost for the 2016 Dozer rental is $8,850 (which
includes $550 for delivery and pickup).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the request.
      E. Approval of Building Contract for 2324 Park Drive Community &
         Neighborhood Services Department
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of
2324 Park Drive to Nassau Construction for the City of Muskegon’s Homebuyers
Program through Community and Neighborhood Services.
CNS received 5 bids, the cost estimate from our spec writer was $44,300.
FINANCIAL IMPACT: The funding for this project has been secured through
HOME Program Income.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To award Nassau Construction the rehabilitation
contract for 2324 Park Drive, in the amount of $45,855, for the Community and
Neighborhood Services office.
      F. Gaming License Request from Muskegon Harbor Hospice City Clerk
SUMMARY OF REQUEST: Muskegon Harbor Hospice is requesting a resolution
recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a Gaming License.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
      G. 285 West Western – Amendment to Purchase Agreement
         City Manager – ITEM REMOVED PER STAFF REQUEST
Motion by Commissioner Johnson, second by Commissioner German, to
approve the Consent Agenda as presented with the exception of Item C.
ROLL VOTE: Ayes: Johnson, Hood, Warren, German, Rinsema-Sybenga, and
           Turnquist,
            Nays: None
MOTION PASSES
2016-16 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Local Parking Ordinance Amendments Public Safety
SUMMARY OF REQUEST: During the City’s last codification, several sections of
the parking ordinance were amended. In order to have the City’s enforcement
ordinances align with State law, some ordinances were moved to different
sections of the code. Some noted sections of the ordinance were inadvertently
removed during codification while rewriting the municipal code. Staff has
worked with the codification personnel, as well as our City Attorney, to draft the
needed changes. Also, this action is to rescind the first reading approved by
City Commission on December 8, 2015 with recommended revisions.
As such, Sections 58-3, 92-33, 92-71, 92-73, and 46-204 of the City of Muskegon
ordinances have been rewritten to reflect the previously adopted ordinances
and updated modifications because of changes to the Uniform Traffic Code
and to include the fee schedule for parking, civil violations, boat launch permits,
and local parking restrictions.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the amended ordinances and fee
schedule as presented.
(SECOND READING REQUIRED)
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to adopt the amended ordinances and fee schedule as presented.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission adjourned at 6:07 p.m.


                                      Respectfully Submitted,




                                      Ann Marie Meisch, MMC, City Clerk
                                    City of Muskegon
                              City Commission Worksession
                                      March 7, 2016
                               City Commission Chambers
                                         5:30 PM

                                      MINUTES
Present: Commissioners German, Rinsema-Sybenga, Hood, Turnquist, Warren, and Johnson.
Absent: Mayor Gawron.

2016-17
L.C. Walker Arena Muskegon Football Contract.

Moved by Commissioner Rinsema-Sybenga, seconded by Commissioner Turnquist to
approve the contract between LC Walker Arena and Muskegon Football.

Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and Hood.
Nays: None.

                                                                   MOTION PASSES
2016-18
Approval of Loan in the Amount of $9,000 to Terrace Cutz, LLC.

Moved by Commissioner Rinsema-Sybenga, seconded by Commissioner Johnson, to
approve the loan in the amount of $9,000 for Terrace Cutz, LLC.

Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Hood, and Warren.
Nays: None.

                                                                   MOTION PASSES
2016-19
L.C. Walker Arena Annex Roof.

Moved by Commissioner Turnquist, seconded by Commissioner Warren to approve roof
repairs at the LC Walker Arena Annex in the amount of $43,300.

Ayes: Rinsema-Sybenga, Turnquist, Johnson, Hood, Warren, and German.
Nays: None.

                                                              MOTION PASSES
Adjournment.
Motion by Commissioner Johnson, seconded by Commissioner German to adjourn at 6:30
p.m.

                                                                   MOTION PASSES


                                                      ____________________________
                                                       Ann Marie Meisch, MMC
                                                               City Clerk
     CITY OF MUSKEGON
       SPECIAL CITY COMMISSION
               MEETING
                       MARCH 10, 2016
    CITY COMMISSION CHAMBERS @ 3:45 P.M.
                                MINUTES

The Special Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 3:45 p.m., Thursday, March 10, 2016.
ROLL CALL FOR THE SPECIAL COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice-Mayor Hood, Commissioners Dan
Rinsema-Sybenga, Byron Turnquist, Ken Johnson and, City Manager Franklin
Peterson and City Clerk Ann Meisch.
Absent: Debra Warren and Willie German, Jr.


2016-20 NEW BUSINESS:
      A. Appointment of Two Alternates to Board of Review     City Clerk
Motion by Commissioner Johnson, second by Commissioner Turnquist, to
appoint Steve Warmington and Mary Jamieson as alternates to the Board of
Review.
ROLL VOTE: Ayes: Johnson, Hood, Rinsema-Sybenga, Gawron, and Turnquist.
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission adjourned at 3:48 p.m.


                                    Respectfully Submitted,




                                    Ann Marie Meisch, MMC, City Clerk
                               AGENDA ITEM NO. __________

                             CITY COMMISSION MEETING __


TO:           Honorable Mayor and City Commission
FROM:         Department of Public Works
DATE:         March 22, 2016
SUBJECT:      Aggregates, Highway Maintenance Materials and Concrete

SUMMARY OF REQUEST:

Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes
Chloride

Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc.

Award bid to supply Sylvax patching material to Unique Paving Materials

Award bid to supply AE-90 Asphalt Emulsions to Bit-Mat Products

Award bid for crack sealant to Sherwin Industries.

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 road gravel to Verplank Trucking Company

Award bid to supply 2NS sand to Yellow Rose Transport

Award bid to supply screened top soil to Accurate Excavators

Award bid to supply Fill Sand to Accurate Excavators

Award bid to supply 7-sack mix concrete to Port City Redi-Mix


FINANCIAL IMPACT:

$490,978.00

BUDGET ACTION REQUIRED:

None; funds appropriated in several budgets.

STAFF RECOMMENDATION:

Recommend approval of bids as outlined in Summary of Request.
To:            The City Commission
From:          Mohammed Al-Shatel Director of Public Works
Date:          March 22, 2016
Subject:       2016 Aggregates, Highway Maintenance Materials, and Concrete

Purchases will be made from recommended bidder (in bold), contingent upon product availability, timely
deliveries, and prices as quoted.

85,000 gallons Calcium Chloride 38% (road brine) ($47,600.00)

Great Lakes Chloride          P.O. Box 634, Grand Haven, MI 49417          $0.56 per gallon, spread

15,000 gallons Calcium Chloride 32% (winter salting) ($7,200.00)

Great Lakes Chloride          P.O. Box 634, Grand Haven, MI 49417          $0.48 per gallon, storage


200 ton Bituminous Asphalt Base ($12,700.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190     $63.50 per ton, picked up

1,000 ton Bituminous Asphalt Top ($64,500.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190     $64.50 per ton, picked up


500 tons Sylvax Patching Materials – UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-6,
or similar product ($53,925.00)

Unique Paving Materials 3993 E. 93rd Street, Cleveland, OH 44105           $107.85 per ton, delivered
Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190     $110.00 per ton, picked up


30,000 gallons AE-90 Asphalt Emulsions ($72,000.00)

Bit-Mat Products              401 Tiernan Rd, Bay City, MI 48706           $2.40 per gallon, delivered


50,000 pounds Crack Sealant (block form) ($19,000.00)

Sherwin Industries, Inc       2129 West Morgan Ave., Milwaukee, WI 53221   $0.38 per pound, delivered
Surface Coatings, Co.         2280 Auburn Rd, Auburn Hills, MI 48326       $0.39 per pound, delivered


500 ton H1/32FA Limestone Chip Blend ($9,925.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409               $19.85 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418         $21.30 per ton, delivered
2016 Aggregates, Highway Maintenance Materials, and Concrete
March 22, 2016
Page 2

5,000 ton Road Slag 22-A Natural ($65,000.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409                $13.00 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418          $13.00 per ton, delivered


500 ton Road Gravel 22-A ($5,725.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409                $11.45 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418          $12.60per ton, delivered


500 ton 2NS Sand ($4,500.00)

Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418          $9.00 per ton, delivered
Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409                $9.30 per ton, delivered


500 yards Screened Top Soil ($3,975.00)

Accurate Excavators         2821 Central Rd, Muskegon, MI 49445      $7.95 per cubic yard, delivered
Verplank            P.O. Box 8, Ferrysburg, Muskegon, MI 49409       $8.00 per cubic yard, delivered
Yellow Rose Transport       3531 Busch Dr., Grandville, MI 49418     $13.00 per ton, delivered


500 ton Fill Sand ($3,000.00)

Accurate Excavators           2821 Central Rd, Muskegon, MI 49445    $6.00 per cubic yard, delivered
Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409         $6.00 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418   $6.75 per ton, delivered


Concrete mix as needed ($121,928.00 using 2015 quantities)

Port City Redi-Mix                                    $99.00 per cubic yard, 7 Sack Mix, delivered
1780 Sheridan Road, Muskegon, MI 49442

Consumers Concrete                                    $101.86 per cubic yard, 7 Sack Mix, delivered
4400 E. Evanston Avenue, Muskegon MI 49442

*The 7-sack mix is the most commonly used product. It should be noted that concrete purchases may
include several miscellaneous charges, including, but not limited to, hot water, chloride, small loads,
second drops, winter price, and extra unload time.
                    CITY COMMISSION MEETING DATE
                                 March 22, 2016


Date:        March 10, 2016
To:          Honorable Mayor and City Commissioners
From:        Cathy Brubaker-Clarke, Director of Community
             & Economic Development
Re:          Special Event Request – Catamaran Racing
             Association of Michigan (CRAM)
             Request to allow overnight camping at Pere
             Marquette Park (in conjunction with their annual
             Catamaran sailing regatta)

SUMMARY OF REQUEST: C.R.A.M. is holding their annual Catamaran sailing
regatta at Pere Marquette Park the weekend of July 29 - 31, 2016. They are again
requesting permission for their participants to camp overnight at the park, as they
have done in previous years. They would like to use the City-owned parking lot
across from The Deck restaurant for overnight camping, provided that the Deck’s
owners (Harris Hospitality) approve (they approved it last year; they will provide us
with written permission from the Harris’s for this year also).

They expect between 8 to 15 RVs in the lot overnight. This is the event’s ninth year
of operation and there have been no problems in the past with this group. They will
provide proof of liability insurance.

FINANCIAL IMPACT:         None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION:              To approve overnight camping at Pere Marquette
Park for this event on July 29, 30 and 31, 2016.


COMMITTEE RECOMMENDATION:               N/A
                   Commission Meeting Date: March 22, 2016




Date:         March 17, 2016
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing – Establishment of a Commercial Rehabilitation
              District – 880 1st St, 216 W Clay Ave, 208 W Clay Ave


SUMMARY OF REQUEST:

Pursuant to Public Act 255 of 1978, as amended, the Planning Department is requesting the
establishment of a Commercial Redevelopment District. The creation of the district will allow
any future parcel owners to apply for a Commercial Facilities Exemption Certificate, which
will freeze the taxable value on the rehab of any existing building and also reduce the
taxes of any new construction.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Establishment of the Commercial Redevelopment District.

COMMITTEE RECOMMENDATION:

None




3/17/2016
                                          Resolution No. _______

                                      MUSKEGON CITY COMMISSION

     RESOLUTION APPROVING THE CREATION OF A COMMERCIAL REDEVELOPMENT DISTRICT
                        880 1st St, 216 W Clay Ave, 208 W Clay Ave


WHEREAS, pursuant to PA 255 of 1978, the City of Muskegon has the authority to establish “Commercial
Redevelopment Districts” within the City of Muskegon at request of a commercial business enterprise or
on its own initiative; and

WHEREAS, The City of Muskegon is requesting the establishment of the Commercial Redevelopment
District for an area in the vicinity of 880 1st St, 216 W Clay Ave and 208 W Clay Ave located in the City of
Muskegon hereinafter described; and

WHEREAS, the City Commission of the City of Muskegon determined that the district meets the
requirements set forth in section 5 of PA 255 of 1978; and

WHEREAS, written notice has been given by certified mail to all owners of real property located within the
proposed district as required by section 5(3) of PA 255 of 1978; and

WHEREAS, on March 22, 2016 a public hearing was held and all residents and taxpayers of the City of
Muskegon were afforded an opportunity to be heard thereon; and

WHEREAS, the City of Muskegon deems it to be in the public interest of the City of Muskegon to
establish the Commercial Redevelopment District as proposed;

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the
following described parcel(s) of land situated in the City of Muskegon, County of Muskegon, and State of
Michigan, to wit:

 CITY OF MUSKEGON REVISED PLAT 1903 LOTS 12-15 BLK 310 & ELY 1/2 OF VAC FIRST ST ADJ
   TO SD LOTS & S 1/2 OF VAC ALLEY ADJ TO SD PROPERTY SUBJ TO ESMT RECORDED IN
                                      L3794/P882

   CITY OF MUSKEGON REVISED PLAT 1903 LOTS 16 & 17 BLK 310 SBJT TO UNDERGROUND
                          ELECTRIC LN ESMNT L3815 P885

 CITY OF MUSKEGON DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO 2 UNIT 4 S 1/2 OF
VAC ALLEY ADJ TO SD PROPERTY (ALLEY VAC CITY RES 97-12) & SWLY S 1/2 OF CONTIGUOUS
VAC ALLEY ADJ TO SBJT TO ESMNT FOR OVERHEAD/UNDERGROUND ELECTRIC LNS RECOR'D
                                    3724/701


Adopted this 22nd Day of March 2016


Ayes:

Nays:

Absent:




3/17/16
                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk

                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on March 22, 2016.

                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk




3/17/16
                  Commission Meeting Date: March 22, 2016




Date:         March 15, 2016
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request to Establish an Obsolete Property
              Rehabilitation District – 880 1st St and 216 W Clay Ave


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, the Planning
Department is requesting the establishment of an Obsolete Property Rehabilitation
District at 880 1st St and 216 W Clay Ave. The creation of the district will allow any
future building owners to apply for an Obsolete Property Rehab Certificate, which
would freeze the buildings taxes at the pre-rehabilitated rate for up to 12 years.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the creation of the Obsolete Property Rehabilitation District

COMMITTEE RECOMMENDATION:

None




                                                                                  1
                                      CITY OF MUSKEGON
                                  MUSKEGON COUNTY, MICHIGAN

                                          RESOLUTION NO. _____


A resolution establishing an Obsolete Property Rehabilitation District.

The City Commission of the City of Muskegon hereby RESOLVES:

Recitals



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

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

C.      Notice has been given by certified mail to the owners of all real property within the proposed
        Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to
        all owners and any other resident or taxpayer of the City to appear and be heard. Said notice
        was given at least ten (10) days before the hearing.

NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

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

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

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

This resolution passed.

Ayes    __________________________________________________________________

Nays    __________________________________________________________________

                                                            CITY OF MUSKEGON


                                                    BY: __________________________________
                                                           Stephen J. Gawron
                                                                  Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk
                                             CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on March 22,
2016.

                                                             ______________________________
                                                             Ann Meisch
                                                             Clerk
Attachment A: District Description

CITY OF MUSKEGON REVISED PLAT 1903 LOTS 12-15 BLK 310 & ELY 1/2 OF VAC FIRST ST ADJ
TO SD LOTS & S 1/2 OF VAC ALLEY ADJ TO SD PROPERTY SUBJ TO ESMT RECORDED IN
L3794/P882

CITY OF MUSKEGON REVISED PLAT 1903 LOTS 16 & 17 BLK 310 SBJT TO UNDERGROUND
ELECTRIC LN ESMNT L3815 P885
Date:      March 22, 2016
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Recommendation for Annual Renewal of Liquor
           Licenses




SUMMARY OF REQUEST: To adopt a resolution recommending non-
renewal of those liquor license establishments who are in violation of
Section 50-146 and 50-147 of the Code of Ordinances for the City of
Muskegon. These establishments have been found to be in non-
compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission. If any of
these establishments come into compliance by March 21, 2016, they will
be removed from this resolution, and recommendation for their renewal
will be forwarded to the Liquor Control Commission.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Adoption of the resolution.
    RESOLUTION RECOMMENDING STATE WITHHOLD
       RENEWAL OF LIQUOR LICENSES FOR CODE
                   VIOLATIONS
                                      Resolution # 2016-

THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that whereas, the
attached business establishments in the City of Muskegon have liquor licenses and are found to be
in violation of Article V, Section 50-146 and 50-147 of the Code of Ordinances of the City of
Muskegon.

AND WHEREAS, a hearing was held on March 22, 2016, before the City Commission to allow
such licensees an opportunity to refute the determination of the City Commission that such
establishments are in non-compliance with the City Code of Ordinances and renewal of their liquor
licenses should not be recommended by the City Commission; and

WHEREAS, an affidavit of mailing of Notices of Hearing and Notification of Non-Compliance to
City Standards to the licensees has been filed;

NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon
hereby recommends that these liquor licenses not be approved for renewal, and a copy of this
Resolution be sent to the State Liquor Control Commission. If any of these establishments come
into compliance by March 22, 2016, they will be removed from this Resolution.

Approved and adopted this 22nd day of March, 2016.


AYES:



NAYS:




                                            By:_________________________________
                                                  Ann Marie Meisch, MMC
                                                  City Clerk
                    Commission Meeting Date: March 22, 2016




Date:         March 17, 2016
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing – Soliciting Input for the Michigan Natural
              Resources Trust Fund Grant at Pere Marquette Park


SUMMARY OF REQUEST:

The City will be applying for grant money from the Michigan Natural Resources Trust Fund
for upgrades at Pere Marquette Park. The first step in this process is to hold a public
hearing soliciting input on what the funds should be used towards.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Adoption of the resolution.

COMMITTEE RECOMMENDATION:

None




3/17/2016
                                           Resolution No. _______

                                      MUSKEGON CITY COMMISSION

     RESOLUTION FOR APPLYING FOR MICHIGAN NATURAL RESOURCES TRUST FUND GRANT


WHEREAS, the City of Muskegon will be applying for funding from the Michigan Natural Resources Trust
Fund grant for upgrades at Pere Marquette Park; and

WHEREAS, a public hearing to solicit public input on the grant was held on March 22, 2016; and

WHEREAS, the City Commission of the City of Muskegon has taken the publics comments into
consideration; and

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon has held a
public hearing soliciting public input on the application for grant funding from the Michigan Natural
Resources Trust Fund at Pere Marquette Park and will be applying for the grant


Adopted this 22nd Day of March 2016


Ayes:

Nays:

Absent:



                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk

                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on March 22, 2016.

                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk




3/17/16
COMMISSION MEETING DATE: March 22, 2016




Date:         March 16, 2016
To:           Honorable Mayor and City Commissioners
From:         Director of Public Safety Jeffrey Lewis
RE:           Tobacco Products Ordinance Amendments
              (Second Reading)


SUMMARY OF REQUEST: In order to have the City’s enforcement ordinances
align with other neighboring communities, our ordinance involving the use or
possession of tobacco products was amended. The amended ordinance reflects a
county-wide effort to standardize the enforcement as it relates to tobacco use and
sales. At the same time address the use of vapor products and the use of electronic
devices, which dispense nicotine solution or other forms intended for human
consumption.

As such, Section 54-242, Article Vll, of the City of Muskegon ordinance is being
repealed and replaced. In addition to the use of e-cigarettes and vapor products, the
ordinance decriminalizes the use of tobacco and associated products; those citizens
will receive a civil infraction violation. Those that illegally supply tobacco and related
products will receive a misdemeanor violation as described by ordinance.

See revised ordinance Chp 54, Article VII, Section 242 for details.

FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Adopted revised ordinance (54-242 Article VII) as
presented.
COMMISSION MEETING DATE: March 22, 2016




Date:        March 16, 2016

To:          Honorable Mayor and City Commissioners

From:        Director of Public Safety Jeffrey Lewis

RE:          Local Parking Ordinance Amendments
             (Second Reading)

_______________________________________________________
SUMMARY OF REQUEST: During the City’s last codification, several sections of the
parking ordinance were amended. In order to have the City’s enforcement
ordinances align with State law, some ordinances were moved to different sections
of the code. Some noted sections of the ordinance were inadvertently removed
during codification while rewriting the municipal code. Staff has worked with the
codification personnel, as well as our City Attorney to draft the needed changes.
Also this action is to rescind the first reading approved by City Commission on
December 8, 2015 with recommended revisions.

As such, Sections 58-3, 92-33, 92-71, 92-73, and 46-204 of the Muskegon City of
Muskegon ordinances have been rewritten to reflect the previously adopted
ordinances and updated modifications because of changes to the Uniform Traffic
Code and to include the fee schedule for parking, civil violations, boat launch
permits, and local parking restrictions.

FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Adoption of the amended ordinance(s), fee schedule as
presented.
                                        City of Muskegon
                                    Muskegon County, Michigan
                                      Ordinance No. _____



    THE CITY OF MUSKEGON ORDAINS:

    Chapter 92, Section 92-71, “Parking restrictions,” and Section 92-73, “Parking
    violations bureau; minimum parking fines,” of the Code of Ordinances, City of
    Muskegon, Michigan is hereby repealed and replaced by the following:

Sec. 92-71. Parking restrictions.

    (1)    A vehicle shall not be parked, except if necessary to avoid conflict with other
           traffic or in compliance with the law or the directions of a police officer or traffic-
           control device, in any of the following places:

           (a)    On a sidewalk;
           (b)    In front of a public or private driveway;
           (c)    Within an intersection;
           (d)    Within 15 feet of a fire hydrant;
           (e)    On a crosswalk;
           (f)    Within 20 feet of a crosswalk, or if there is not a crosswalk then, within 15
                  feet of the intersection of property lines at an intersection of highways.
           (g)    Within 30 feet of the approach to a flashing beacon, stop sign, or traffic
                  control signal located at the side of a highway;
           (h)    Between a safety zone and the adjacent curb or within 30 feet of a point on
                  the curb immediately opposite the end of a safety zone, unless a different
                  length is indicated by an official sign or marking;
           (i)    Within 50 feet of the nearest rail of a railroad crossing;
           (j)    Within 20 feet of the driveway entrance to any fire station and on the side
                  of the street opposite the entrance to any fire station within 75 feet of the
                  entrance if properly marked by an official sign.
           (k)    Alongside or opposite any street excavation or obstruction, if the stopping,
                  standing, or parking would obstruct traffic;
           (l)    On the roadway side of a vehicle stopped or parked at the edge or curb of
                  a street.
           (m)    Upon a bridge or other elevated highway structure or within a highway
                  tunnel.
           (n)    At a place where an official sign prohibits stopping or parking.
           (o)    Within 500 feet of an accident at which a police officer is in attendance, if
                  the scene of the accident is outside of a city or village.
           (p)    In front of a theater
(q)   In a place or in a manner that blocks immediate egress from an emergency
      exit conspicuously marked as an emergency exit of a building.
(r)   In a place or in a manner that blocks or hampers the immediate use of an
      immediate egress from a fire escape conspicuously marked as a fire escape
      providing an emergency means of egress form a building.
(s)   In a parking space clearly identified by an official sign as being reserved
      for use by disabled persons that is on public property or private property
      available for public use, unless the individual is a disabled person as
      described in section 19a or unless the individual is parking the vehicle for
      the benefit of a disabled person. In order for the vehicle to be parked in the
      parking space the vehicle shall display 1 of the following:
      (i)      A certificate of identification or windshield placard issued under
               section 675 to a disabled person.
      (ii)     A special registration plate issued under section 803d to a disabled
               person.
      (iii) A similar certificate of identification or windshield placard issued
               by another state to a disabled person.
      (iv)     A similar special registration plate issued by another state to a
               disabled person.
      (v)      A special registration plate to which a tab for persons with
               disabilities is attached issued under this act.
(t)   In a clearly identified access aisle or access lane immediately adjacent to a
      space designated for parking by persons with disabilities.
(u)   On a street or other area open to the parking of vehicles that results in the
      vehicle interfering with the use of a curb-cut or ramp by persons with
      disabilities.
(v)   Within 500 feet of a fire at which fire apparatus is in attendance, if the
      scene of the fire is outside a city or village. However, volunteer fire
      fighters responding to the fire may park within 500 feet of the fire in a
      manner not to interfere with fire apparatus at the scene. A vehicle parked
      legally previous to the fire is exempt from this subdivision.
(w)   In violation of an official sign restricting the period of time for a manner
      of parking.
(x)   In a space controlled or regulated by a meter on a public highway or in a
      publicly owned parking area or structure, if the allowable time for parking
      indicated on the meter has expired, unless the vehicle properly displays 1
      or more of the items listed in section 675(8).
(y)   On a street or highway in such a way as to obstruct the delivery of mail to
      a rural mailbox obstruct the delivery of mail to a rural mailbox by a carrier
      of the United States postal service.
(z)   In a place or in a manner that blocks the use of an alley.
(aa) In a place or in a manner that blocks access to a space clearly designated
      as a fire lane.
(LO1) On those streets that have been signed or marked for angle parking, a
      person shall not stop, stand, or park a vehicle other than at the angle to the
      curb or edge of the roadway indicated by the signs or markings. The front
      of the vehicle must be nearest the curb or edge of roadway and the rear of
      the vehicle nearest the travel portion of the roadway or parking area (no
      backing in);
(LO2) A person shall not stand or park a vehicle in a roadway other than parallel
      with the edge of the roadway, headed in the direction of lawful traffic
      movement, and with the right hand wheels of the vehicle within 12 inches
      of the curb or edge of the roadway, except otherwise provided in this part;
(LO3) A person shall not stop, stand, or park a vehicle other than a bus in a bus
      stop or other than a taxi cab in a taxi cab stand when the stop or stand has
      been officially designated and appropriately signed, except that the driver
      of a passenger vehicle may temporarily stop therein for the purpose of,
      and while actually engaged in, the expeditious loading or unloading of
      passengers, if the stopping does not interfere with any bus or taxi cab
      waiting to enter or about to enter the zone.
(LO4) On unimproved side or front yards of residential lots.
(LO5) Within 50 feet of a public boat launch
(LO6) Other than between painted lines in designated parking areas
(LO7) Along or on any unpaved parkway, except where the same is used for a
      driveway to enter private or public property. Parking on the terrace (i.e.,
      the area between the property line and the street) is permitted during the
      winter season from December 15 through the last day of February.
(LO8) In any public park, beach or other public area between the hours of
      11:00pm and 5:00am.
(LO9) On any street between 2:00am and 6:00am during the winter season from
      December 15 through the last day of February.
(LO10) Commercial Vehicle defined: “Commercial vehicle” includes all motor
      vehicles used for the transportation of passengers for hire, or constructed
      or used for transportation of goods, wares or merchandise, and /or all
      motor vehicles designed and used for drawing other vehicles and not so
      constructed as to carry any load thereon either independently or any part
      of the weight of a vehicle or load so drawn,
   1. No commercial vehicle shall be parked upon any street or alley for a
      period longer than two (2) hours.
   2. No commercial vehicle shall be parked at any angle to the line of the street
      or alley while loading or unloading for a period longer than one (1) hour.
   3. No commercial vehicle shall be parked at any angle to the line of the street
      or alley where such vehicle would prohibit the free flow of traffic.
   4. No commercial vehicle shall be parked in residential areas.
(LO11) Special provisions relating to trailers and semitrailers:
   1. No unattached trailer or semitrailer shall be parked on any street or alley at
      any time except when it is necessary to temporarily disconnect such trailer
      or semitrailer for convenience in loading or unloading.
   2. Streets in a business district may be designated on which no trailer shall be
      stopped, parked or allowed to stand between the hours of 10:00am and
      6:00pm.
   3. A person who violates this section is responsible for a civil infraction.
           (LO12) No vehicle shall display a ‘for sale” sign while parked on any public
                 street or property.
           (LO13) No person shall drive or operate a motor vehicle in any area or place other
                 than the public streets and roadways or other such areas so designated for
                 the vehicular travel, and no person shall drive or operate a motor vehicle
                 along or upon any unpaved parkway except where the same is used for a
                 driveway to enter private or public property, nor shall any person drive or
                 operate a motor vehicle in any public park beach or other public area,
                 except in those areas designated for vehicular travel therein.

   (2)     A person shall not move a vehicle not owned by the person into a prohibited area
           or away from a curb a distance that makes the parking unlawful.

   (3)     A bus, for the purpose of taking on or discharging passengers, may be stopped at
           a place described in subsection (1)(b), (d), or (f) or on the roadway side of a
           vehicle illegally parked in a legally designated bus loading zone. A bus, for the
           purpose of taking on or discharging a passenger, may be stopped at a place
           described in subsection (1) (n) if the place is posted by and appropriate bus stop
           sign, except that a bus shall not stop at such a place if the stopping is specifically
           prohibited by the responsible local authority, the state transportation department,
           or the director of the department of state police.

   (4)     A person who violated this section is responsible for a civil infraction.



Sec. 92-73. Parking violations bureau; minimum parking fines.

   (1) Pursuant to the provisions of state law MCL 600.8395, there is hereby established
   within the city a parking violations bureau to accept pleas of responsible in motor
   vehicle parking violation cases and to collect and retain fines and costs as prescribed
   by ordinance.
   (2) Upon pleading responsible or being found responsible by a court, the fines for
   parking violations shall be as follows:

         (2.1) Level 1 parking violations.


   Code 92-71(1)        Offense

            LO1         Violation of angle parking/backed into space signs
            LO2         Too far from curb
            LO2         Parking facing traffic
            LO3         Loading zone, Passenger zone (bus/taxi cab zone)
             w          Parking overtime
             x          Meter Parking
     The penalties for level 1 parking violations are as follows:
 If paid within 7   If paid after 7 days but before   If paid after 14 days but before   If paid after 30
       days                     14 days                            30 days                     days
      $10.00                     $20.00                            $30.00                    $60.00


     (2.2) Level 2 parking violations.

Code § 92-
               Offense
71(1)
      a        Parking on sidewalk
      b        Blocking driveways
      c        Within an intersection
      e        In a crosswalk
      f        Within 20 feet of a crosswalk or within 15 feet of property lines at intersection
               Too close to a flashing beacon, stop sign, yield sign, traffic control signal, or other
      g
               traffic sign
      h        In a safety zone
      i        Too close to railroad
      j        Too close to fire station entrance
      k        Parking: obstruct traffic
      m        Parking on a bridge or in a tunnel
      n        Posted prohibited parking; parking violation of any posted signs
      o        Parking within 500 feet of an accident
      p        Parking in front of a theater
      q        Blocking emergency exits
      r        Blocking fire escape
               Within 500 feet of a fire or fire apparatus (except volunteers and vehicles legally
      v
               parked before the fire)
     y         Obstruct mail delivery
     z         Alley parking
    LO4        Front and side yard parking
    LO7        Parking on terrace or parkway
    LO9        2a—6a parking prohibited
    LO10       Commercial vehicles
    LO11       Unattached trailers and semitrailers
    LO12       No vehicle shall display a “for sale” sign while parked on any public street or property
               Other violations


     The penalties for level 2 parking violations are as follows:
 If paid within 7   If paid after 7 days but before   If paid after 14 days but before   If paid after 30
       days                     14 days                            30 days                     days
      $15.00                     $30.00                            $45.00                    $70.00
     (2.3) Level 3 parking violations.

Code §92-71(1)       Offense

        d            Too close to a fire hydrant
         l           Double parking
       LO6           Parking outside the lines
       LO8           Parking in a public park after 11:00 p.m. and before 5:00 a.m.
       LO13          Prohibited off-road vehicular traffic
                     Other violations in any city parks


     The penalties for level 3 parking violations are as follows:
 If paid within 7   If paid after 7 days but before   If paid after 14 days but before   If paid after 30
       days                     14 days                            30 days                     days
      $20.00                     $40.00                            $60.00                    $80.00


     (2.4) Level 4 parking violations.

Code §92-71(1)             Offense

          LO5              Parking within 50 feet of a public boat launch


     The penalties for level 4 parking violations are as follows:
 If paid within 7   If paid after 7 days but before   If paid after 14 days but before   If paid after 30
       days                     14 days                            30 days                     days
      $55.00                     $65.00                            $75.00                    $85.00


     (2.5) Any other violation of the parking provisions which are not listed in the
     above schedules shall be considered level 2 parking violations and shall carry the
     penalties set forth above for level 2 violations, except that:
          a) Code § 92-71(1)(s)(t)(u). Spaces for disabled persons. Unlawful parking
          in a space reserved for persons with disabilities as defined in applicable state
          law shall carry a minimum of $105.00, which shall increase to $210.00 after
          the first seven days after the violation, and $315.00 after 14 days; and
          b) Code § 92-71(1)(aa). Fire lane. Unlawful parking in a fire lane shall
          carry a minimum of $30.00, which shall increase to $60.00 after the first
          seven days after the violation and $90.00 after 14 days and $120.00 after 30
          days.
This ordinance adopted:

AYES:

NAYS:

ABSENT:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
                          CITY OF MUSKEGON

                          By: _________________________
                                Ann Marie Meisch, MMC
                                        City Clerk
                                        City of Muskegon
                                    Muskegon County, Michigan
                                      Ordinance No. _____



 THE CITY OF MUSKEGON ORDAINS:

 Chapter 58, Section 58-3, “Public boat launch permit; violation as a municipal civil
 infraction.,” of the Code of Ordinances, City of Muskegon, Michigan is hereby repealed
 and replaced by the following:

Sec. 58-3. Public boat launch permit; violation as a municipal civil infraction.

    No person shall launch a boat at city launch ramp facilities without a permit from the city from
March 1 through November 30. Violation of this section shall be a municipal civil infraction.



This ordinance adopted:

AYES:

NAYS:

ABSENT:

Adoption Date:
Effective Date:
First Reading:
Second Reading:

                                                             CITY OF MUSKEGON


                                                             By:


                                                    ________________________________
                                                                Ann Marie Meisch, MMC
                                           City of Muskegon
                                       Muskegon County, Michigan
                                         Ordinance No. _____



     THE CITY OF MUSKEGON ORDAINS:

     Chapter 46, Section 46-204, “Schedule of civil fines established,” of the Code of
     Ordinances, City of Muskegon, Michigan is hereby repealed and replaced by the
     following:

Sec. 46-204. 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:
                                                                First      First      Second
      Section                         Subject
                                                               Offense   Repeat*     Repeat**
         6-2                         Animals                   $100.00   $200.00     $500.00
       10-31                     Construction codes            100.00     250.00      500.00
     10-63, 10-
                                Dangerous buildings            100.00     250.00      500.00
        102
      10-131                  Demolition of buildings          100.00     250.00      500.00
       10-22                    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
      26-213           Point-source groundwater discharges     100.00     250.00      500.00
      30-194                         Fire codes                100.00     250.00      500.00
      30-222                     Recreational fires            100.00     250.00      500.00
       34-35                          Smoking                  25.00       50.00      100.00
       34-64                       Water supplies              100.00     250.00      500.00
      34-113                    Medical marihuana              100.00     250.00      500.00
      38-120                      Historic districts           100.00     250.00      500.00
       42-32                        Fair housing               200.00     300.00      500.00
        50-2                      Business license             100.00     250.00      500.00
       50-72                  Dances and dance halls           100.00     250.00      500.00
      50-203        Electronic filing requirement—pawn shops   100.00     250.00      500.00
        54-4                      Spitting in public           100.00     250.00      500.00
       54-31             Theft of cable television services    100.00     250.00      500.00
       54-32        Damaging, removing or defacing property    100.00     250.00      500.00
      54-214           False impersonation of police officer   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
  30-308                        Fireworks                       100.00      250.00       500.00
    58-1       Alcoholic liquors in parks or playgrounds        50.00       100.00       200.00
    58-2      Obedience to signs or instructions in parks       50.00       100.00       200.00
    58-3               Public boat launch permit                50.00       100.00       200.00
   58-34              Use of recreational facilities            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
           Metropolitan extension telecommunications rights-
  90-30                                                         100.00      250.00       500.00
                            of-way oversight
  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
                                 Zoning                         100.00      250.00       500.00


    *First repeat means a repeat of the offense by the same person in concert within 24 months of
    the first offense.
    **Second repeat means a repeat of the offense by the same person 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:

ABSENT:
Adoption Date:
Effective Date:
First Reading:
Second Reading:

                                                         CITY OF MUSKEGON


                                                         By:


                                                 ________________________________
                                                             Ann Marie Meisch, MMC
                                                                     City Clerk
                               City of Muskegon

                          Muskegon County, Michigan

                             Ordinance No. _____




THE CITY OF MUSKEGON ORDAINS:


  Chapter 92, Section 92-33, “Changes in Uniform Traffic
   Code,” of the Code of Ordinances, City of Muskegon,
 Michigan is hereby repealed and replaced by the following:

Sec. 92-33. Changes in Uniform Traffic Code.

       The following rules of the Uniform Traffic Code for Cities, Townships
and Villages are hereby amended or deleted as set forth and additional rules
are added as indicated. Subsequent rule numbers used in this section shall
refer to the like-numbered rules of the Uniform Traffic Code for Cities,
Townships and Villages.

      Rule 1 (1) (k.1) is added to read as follows:

        Rule 1 (1) (k.1). "Parkway" means that part of a street lying between
the property lines and that portion of the street ordinarily used for vehicular
travel.

      Rule 106 is added to read as follows:

      Rule 106. Impounding or immobilizing vehicles.

       (1)    The city may impound vehicles on public or private property and
remove them or cause them to be removed to a storage facility, or
immobilize vehicles, or do both under the circumstances set forth and
described in this section and MCL 257.252a et seq., including, without
limitation, when such impounding or immobilization is ordered or authorized
by a court.
       (2)   The city may immobilize vehicles by the use of devices such as
the boot, the club, or other device which prevents the movement of a
vehicle, which devices shall be in the control and possession of the police
department of the city.

The city commission determines that the conditions and circumstances
described in this section constitute situations requiring impoundment or
immobilization of vehicles to safeguard the public safety, health and welfare,
aid in traffic safety enforcement, minimize congestion and accomplish
reasonable law enforcement objectives.

      Rule 107 is added to read as follows:

      Rule 107. Impounding of vehicles; failure to answer parking notices or
      citations.

        (1)   The police department or a police agency enforcing the city
ordinances may immediately impound a vehicle found on public property or
on a public street whose owner has failed to answer six or more parking
violation notices or citations resulting from violations of provisions of this
traffic code or any other ordinance of the city under which parking violations
or citations have been issued, including but not limited to illegal parking at
boat ramps, in parks, in spaces for parking for disabled persons, or at other
locations in the city. The impoundment may take place whenever the police
agency or department identifies the vehicle, whether during a parking
violation after the sixth failure to answer or at any other time.

       (2)   The police agency or department which impounds a vehicle
under this section shall follow the procedures set forth in rules 105 and 106
except that impoundment may take place immediately without notice. In
addition:

      (a)    Accrued charges to be paid by the owner shall include any
             previously incurred impounding fees, fines, costs, forfeitures or
             penalties arising out of the ownership or operation of such
             vehicle, or any other vehicle owned or operated by such person.
             Accrued charges shall also include previously unpaid and current
             reasonable charges for impound and storage of the vehicle. The
             owner shall also pay an impound fee as determined by city
             commission resolution.

      (b)    If the owner or operator disputes liability as to any
             impoundment fees or any previously incurred impoundment
             fees, fines, costs, forfeitures or penalties, such owner or
             operator may have the vehicle released from impoundment by
             posting a cash deposit equal to the impound fee, the tickets,
             fines and the cost of towing and storage not to exceed $500.00,
             to the clerk of the district court or the city's police department,
             pending final adjudication of the disputed liability. Upon the
             posting of the required cash deposit, the police department shall
             execute a release of the vehicle from impoundment and, upon
             delivery of such release to the operator of the impound lot, the
             owner or operator of the vehicle shall thereupon be restored to
             possession thereof. If the district court determines that the
             owner or operator of the vehicle did not fail to answer six or
             more parking violation notices or citations regarding illegal
             parking the city shall refund the entire deposit and shall assume
             and pay all towing and storage fees. If the owner or operator is
             determined to have failed to answer said notices or citations
             legally hereunder which resulted in the vehicle impound, the city
             shall apply the cash deposit to the fees, fines and costs
             assessed by the district court, and refund the balance, if any, to
             the person who made the cash deposit.

      (3)    "Unanswered" means failure to pay, have dismissed or appear in
             person at the city hall to respond to the citation.

      Rule 108 is added to read as follows:

      Rule 108. Immobilization of vehicles.

      (1)    A vehicle found on public property or on a public street and, in
circumstances limited and defined under this section, a vehicle on private
property, may be immobilized by the city using a device referred to in rule
106(2) under the following circumstances, deemed by the city to be
necessary for the public health, safety and welfare, including traffic safety
enforcement, minimizing of traffic congestion and accomplishing reasonable
law enforcement objectives:

      (a)    The conditions set forth in MCL 257.252a, 257.252b, 257.252d
             and rule 107.

      (b)    The vehicle is subject to an impounding order of a court. Such
             immobilization may also be used on private property.

      (c)    The vehicle is subject to an impounding procedure of this or any
             other jurisdiction and has been wrongfully removed from a
             storage facility or impounding company.

       (2)   Procedure for immobilization; impoundment. The city, by its
police department, shall do the following with a vehicle subject to
immobilization:

      (a)    Affix a sticker to the windshield or driver's side window
             containing information pertaining to the reason for
             immobilization, time limits and circumstances for impoundment,
            and information regarding fee, payment of tickets or citations
            and redemption. The notice shall, if applicable, state if the
            vehicle is subject to a court-ordered impoundment and,
            therefore, not redeemable except by the terms of the court
            order. The notice shall provide the following additional
            information:

            (1)    Date and time the notice is affixed;

            (2)    Police department address;

            (3)    The name and badge number of the officer affixing the
                   notice; and

            (4)    The year, make and vehicle identification number of the
                   vehicle, if available.

      (b)   Cause the immobilization device to be attached to the vehicle by
            trained personnel.

      (c)   If a responsible person or the owner has not appeared at the
            police department to redeem the vehicle by paying outstanding
            tickets or citations, or accomplished other remedial actions and
            paying fees within 48 hours of the notice, the vehicle shall be
            impounded and the procedure under MCL 257.252d shall apply.

      (3)   Redemption from immobilization. A responsible person may
            redeem a vehicle from immobilization as follows:

      (a)   Paying all outstanding parking tickets or citations, default
            judgments and costs involving the vehicle, or posting a bond for
            the entire amount thereof; and

      (b)   Paying the immobilization fees.

       (4)    Removal of device. No immobilization device may be removed
from a vehicle unless the vehicle is properly redeemed or the police
department has impounded the vehicle. Unauthorized removal by any person
shall constitute a misdemeanor.

      Rule 109 is added to read as follows:

      Rule 109. Court-ordered immobilized or impounded vehicle.

       Any vehicle immobilized or impounded under a court impounding order
shall not be redeemed or released except in accordance with the court order.

      Rule 110 is added to read as follows:
      Rule 110. Fees.

      Fees shall be charged for immobilizations and impoundment to defray
the cost of these enforcement procedures. The city commission shall
determine the fees to be paid by resolution.

      Rule 159 is added to read as follows:

      Rule 159. Appointment of traffic engineer.

      The city manager is hereby appointed to fill the office of traffic
engineer established pursuant to rule 125.


      Rule 416c is hereby amended to read as follows:

      Rule 416c. Consumption of alcoholic liquor on a highway, public place,
      or area generally accessible to motor vehicles, including area
      designated for parking of vehicles; violation punishable by a
      misdemeanor.

       (1)     A person shall not consume alcoholic liquor upon a highway,
street, alley, or any public or private property which is open to the general
public and which is not licensed to sell alcoholic liquor for consumption on the
premises, or within the passenger compartment of a moving vehicle upon a
highway or in any place open to the general public or generally accessible to
motor vehicles, including an area designed for the parking of vehicles in the
city.

      (2)   A person who violates this section is guilty of a misdemeanor,
punishable by a term of imprisonment of not more than 90 days and a fine of
not more than $100.00, or both.

      Rule 434 is amended to read as follows:

      Rule 434. Obedience to no-turn signs; violation is civil infraction.

       (1)    When authorized signs are erected indicating that right, left, or
U-turns are not permitted, a driver of a vehicle shall not disobey the
directions of any such signs.

       (2)    A driver of a vehicle shall not turn such vehicle so as to proceed
in the opposite direction upon any street, unless such movement can be
made in safety and without interfering with other traffic. However, no such
turn shall be made where a sign prohibiting such turn has been erected or at
any intersection controlled by a traffic signal.
       (3)    A person who violates this section is responsible for a civil
infraction.

       Rule 453 is amended to read as follows:

       Rule 453. Avoidance of traffic control devices prohibited; violation is
       civil infraction.

       (1)     No person shall drive or operate a motor vehicle through any
gasoline filling station or service station driveway, unless for the purpose of
obtaining service at such station, and no person shall drive or operate a
motor vehicle through or upon any public parking lot, unless for the purpose
of parking such motor vehicle in such parking lot.

        (2)   A driver of a vehicle shall not attempt to avoid obedience to any
traffic control device by driving on or through any private property.

       (3)    A person who violates this section is responsible for a civil
infraction.

       Rule 500 is added to read as follows:

       Rule 500. Trees and plants not to interfere with view of traffic at
       intersections.

       (1)     All trees, shrubbery or growing plants located on the parkway at
or near the corners of any street intersection shall be kept trimmed or so
maintained as not to obscure, obstruct or in any manner interfere with the
view of pedestrians or drivers or operators of vehicles approaching or
entering such intersections, and should the owner or person responsible
therefor fail to so trim or maintain such trees, shrubbery or growing plants, it
shall be the duty of the department of public works to trim or remove the
same without notice.

       (2)    A person who violates this section is responsible for a civil
infraction.

       Rule 501 is added to read as follows:

       Rule 501. Vehicles to be operated only in areas designated for
       vehicular travel.

       (1)   No person shall drive or operate a motor vehicle in any area or
place other than the public streets and roadway or other such areas so
designated for vehicular travel, and no person shall drive or operate a motor
vehicle along or upon any unpaved parkway, except where the same is used
for a driveway to enter private or public property, nor shall any person drive
or operate a motor vehicle in any public park, beach or other public area,
except in those areas designated for vehicular travel therein.

        (2)    In all cases of violations under this section either the registered
owner or the operator of such vehicle may be proceeded against in the
district court, and the registered owner of the vehicle at the time of the
violation shall be presumed to be the violator as well as the actual operator
thereof.

      (3)   Any person who violates this section is guilty of a misdemeanor,
and, upon conviction, shall be assessed a fine of not less than $100.00 or
sentenced to not less than ten days in the county jail, or both.

       (4)    Any person convicted of a second violation of this section shall
be guilty of a misdemeanor, and upon conviction thereof, shall be assessed a
fine of not less than $200.00 or sentenced to not less than 20 days in the
county jail, or both.

       (5)    Any person convicted of a third or subsequent violation of this
section shall be guilty of a misdemeanor, and upon conviction thereof, shall
be assessed a fine of not less than $300.00 or sentenced to not less than 30
days in the county jail, or both.

      Rule 628 is added to read as follows:

      Rule 628. Registration.

       (1)    No bicycle shall be propelled or operated upon any of the public
streets, sidewalks, avenues, lanes, alleys, parks, bridges or public places
within the city, unless such bicycle is registered with the police department.
Application for such registration shall be filed with the police department,
stating the owner's name, residence address, the make and model of the
bicycle, the serial number of the bicycle and such other information relative
to the bicycle as the chief of police or his designated representative shall
require. Such application shall be made upon blank forms furnished by the
police department.

       (2)    The chief of police or his designated representative shall file all
applications for registration of bicycles in the police department and keep a
complete and accurate record of the facts appearing therein together with a
numerical list of the license plate numbers assigned to each bicycle.

       (3)    The fee for the registration of a bicycle under this section shall
be as currently established or as hereafter adopted by resolution of the city
commission from time to time. All money derived from the registration of
bicycles shall be paid by the police department into the general fund of the
city.

      (4)    In the event of transfer of ownership of a bicycle registered
under this section, the new owner shall, within ten days from such transfer,
make application on a similar form for the transfer of registration to the new
owner, and shall accompany such application with a transfer fee as currently
established or as hereafter adopted by resolution of the city commission from
time to time.

       (5)    A person who violates this section is responsible for a civil
infraction.

       Rule 629 is added to read as follows:

       Rule 629. License number and plate generally.

       (1)    Upon receipt of the fee prescribed by rule 628 and a satisfactory
application pursuant to such section, the chief of police or his designated
representative shall assign a number to each bicycle so registered and
delivery to the applicant a license plate bearing the number so assigned.
Such license plate shall be firmly attached to the rear of the bicycle and shall
be valid for that bicycle only and shall not be transferred from one bicycle to
another. Upon assigning such number and issuance of such plate, the
number of such bicycle shall be stamped upon the framework of the bicycle
so registered.

      (2)    All bicycle license plates shall remain the property of the city,
and the chief of police or any of the policemen of the city are hereby
authorized to confiscate and take possession and custody of any such plate
attached to any such bicycle for which it was not issued, or when the person
to whom the plate was issued has made or is making unlawful use thereof.

       (3)   In the event of the loss of a plate issued under this section, a
duplicate plate may be obtained by paying the cost thereof to the city.

       (4)    A person who violates this section is responsible for a civil
infraction.

       Rule 630 is added to read as follows:

       Rule 630. Removal, alteration, etc., of license or frame number,
       license plate, seal, etc.

       (1)    It shall be unlawful for any person to willfully or maliciously
remove, destroy, mutilate or alter the number of any bicycle frame
registered pursuant to the article. It shall be unlawful for any person to
remove, destroy, mutilate or alter any bicycle license plate, seal or
registration card during the time in which such license plate, seal or
registration card is operative. Nothing in this section shall prohibit the police
department from stamping numbers on the frames of bicycles on which no
serial number can be found, or on which such number is illegible or
insufficient for identification purposes.

       (2)   The police department is herewith empowered and authorized to
impound any unlicensed bicycle or any bicycle found with the license or
frame number removed, destroyed, mutilated or altered until such time as
the person in possession, or the owner of the bicycle, can prove ownership.
In the event proper ownership is not proven within 60 days after the date of
impoundment, the bicycle can be sold at public auction.

       (3)    A person who violates this section is responsible for a civil
infraction.

       Rule 631 is added to read as follows:

       Rule 631. Riding prohibited on limited access or multilane roadway.

        (1) No person shall ride any bicycle on Seaway Drive, or any other
limited access roadway within the city, where parking has been prohibited.
Any person operating along these routes shall be required to use the
pedestrian walkway adjacent thereto.

       (2)    A person who violates this section is responsible for a civil
infraction.


       Rule 632 is added to read as follows:

       Rule 632. Operation in dangerous districts.

       (1)    If the safety of the operator of a bicycle, the condition of the
sidewalk or highway, the foot or vehicular traffic, including the safety of
pedestrians, is such in any district as to require the operator of the bicycle to
dismount and push the vehicle or to avoid such district in the exercise of
ordinary caution and prudence, it shall be the duty of such operator of any
bicycle to dismount and push the same through such dangerous district or to
avoid the district entirely while it is unsafe for the operation of such bicycle.

       (2)    A person who violates this section is responsible for a civil
infraction.

       Rule 633 is added to read as follows:

       Rule 633. Pedal bicycle with helper motor not to be ridden on
       sidewalks.

      (1)     No person shall ride a pedal bicycle with helper motor on city
sidewalks.
       (2)    A person who violates this section is responsible for a civil
infraction.

       Rule 634 is added to read as follows:

       Rule 634. Racing and trick riding.

      (1)   It shall be unlawful for any person riding a bicycle to race with
any other person riding a bicycle, to ride without using both hands on
handlebars, or to indulge in other trick riding upon any streets, sidewalks,
avenues, lanes, alleys, parks, bridges or other public places within the city.

       (2)    A person who violates this section is responsible for a civil
infraction.

       Rule 635 is added to read as follows:

       Rule 635. Riding abreast, curving to and fro.

      (1)    It shall be unlawful to ride abreast on bicycles upon any
highway or public street, or to ride curving to and fro thereon. It shall be
unlawful for bicycles to be ridden abreast on the sidewalks of the city, except
when passing.

       (2)    A person who violates this section is responsible for a civil
infraction.

       Rule 636 is added to read as follows:

       Rule 636. Riding on private property.

       (1)   No person riding a bicycle shall ride the same upon or across the
private property of another person without the permission of the owner of
such property or the person in rightful possession thereof.

       (2)    A person who violates this section is responsible for a civil
infraction.

       Rule 717 is added to read as follows:

       Rule 717. Standing in street or alley so as to interfere with vehicular
       traffic.

       (1)    No pedestrian shall stand or otherwise remain in any street or
alley so as to obstruct the free movement of vehicular traffic.

       (2)    A person who violates this section is responsible for a civil
infraction.
       Rule 718 is added to read as follows:

       Rule 718. Pedestrians: remaining in street or road.

       (1)   Where sidewalks are provided or where public beaches,
parkland or other accessible public property is adjacent to a street or public
right-of-way, it is unlawful for pedestrians to remain in the street or road,
including traveled portions and parking areas in said street or road.

       (2)    A person who violates this section shall be responsible for a civil
infraction.


       Rule 825 is added to read as follows:

       Rule 825. Vehicles parked in restricted area deemed stationary if not
       moved more than 50 feet.

      Vehicles parked in the restricted parking area, which are not moved,
more than 50 feet during the limited parking period, shall be deemed to have
remained stationary.

       Rule 826 is added to read as follows:

       Rule 826. Impounding of vehicles for failure to answer parking
       violation notices or citations.

       In addition to the infractions and penalties set forth in this traffic code
for parking violations, vehicles may be impounded in the circumstances set
forth in Rule 107.

       Rule 829 is added to read as follows:

       Rule 829. Moving of parked vehicle at request of police officer or
       owner or occupant of abutting property.

      (1)    The operator of a vehicle which is parked shall move the same
at any time at the request of a police officer, or at the request of the owner
or occupant of the abutting property, if the vehicle has been parked over
three hours, or if it is a commercial vehicle, after it has been parked over one
hour.

       (2)    A person who violates this section is responsible for a civil
infraction.


       Rule 830 is added to read as follows:
       Rule 830. Interference with enforcement.

        (1)    No person shall knowingly and willfully obstruct or interfere with
the enforcement of any of the provisions of this traffic code regulating the
standing or parking of motor vehicles nor shall any person knowingly or
willfully obstruct or interfere with any police officer or other city employee
while such police officer or other city employee is engaged in the
enforcement of any of the provisions of this chapter regulating the standing
or parking of motor vehicles.

       (2)    A person who violates this section is responsible for a civil
infraction.

       Rule 831 is added to read as follows:

       Rule 831. Unlawful conduct at scene of accident.

        (1)    No person shall proceed to the scene of an accident or other
emergency or stop and park a vehicle or congregate in the vicinity thereof so
as to interfere with police officers or other persons performing their duties at
the scene of such accident or other emergency, or for the purpose of
advertising or offering any service for hire, nor shall any person thereat
solicit gainful employment of any nature.

       (2)    A person who violates this section is responsible for a civil
infraction.

       Rule 903 is amended to read as follows:

       Rule 903. Penalties; civil infraction and misdemeanor.

       (1)    Civil infraction. Any violation of the uniform traffic code adopted
or amended by the city which is designated as a civil infraction is not a crime
and shall not be punishable by imprisonment or a penal fine. A civil infraction
shall not be considered a lesser included offense of any criminal offense. Civil
infraction fines shall be in any amount, if not specifically set forth, up to
$500.00, or set forth in a schedule adopted by the district court pursuant to
statute. The fines shall be exclusive of costs, expenses or fees.

       (2)    Misdemeanor. Unless another penalty is expressly provided by
              the ordinances of the city, every person who is convicted of a
              misdemeanor violation of any provision of the uniform traffic
              code shall be punished by a fine of not more than $500.00 or by
              imprisonment for not more than 90 days, or both.

       Rule 1000 is added to read as follows:
        Rule 1000. Adoption of state snowmobile statutes.

          There is hereby adopted by reference the provisions of Part 821,
        Public Act No. 451 of 1994 (MCL 324.82101 et seq.), as if fully set out
        herein.

        Rule 1001 is added to read as follows:

        Rule 1001. Operation of snowmobile between 10:00 p.m. and 7:00
        a.m.

      A person shall not operate a snowmobile within the city during the
hours from 10:00 p.m. until 7:00 a.m.

This ordinance adopted:

AYES:

NAYS:

ABSENT:
Adoption Date:
Effective Date:
First Reading:
Second Reading:

                                                 CITY OF MUSKEGON


                                                 By:


                                        ________________________________
                                                    Ann Marie Meisch, MMC
                                                            City Clerk

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