City Commission Packet 09-27-2011

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                 SEPTEMBER 27, 2011
 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. City-MDOT Agreement for the Resurfacing of Terrace Street from Apple
     to Western. ENGINEERING
PUBLIC HEARINGS:
  A. Request to Establish an Obsolete Property District for 41 E. Apple
     Avenue. PLANNING & ECONOMIC DEVELOPMENT
  B. Request to Issue an Obsolete Property Certificate for J&J Bail Bonds, 41
     E. Apple. PLANNING & ECONOMIC DEVELOPMENT
  C. Request for an Industrial Facilities Exemption Certificate for Fleet
     Engineers,  Inc.    PLANNING        &   ECONOMIC      DEVELOPMENT
     (REMOVED PER REQUEST OF STAFF)
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
  A. TABLED FROM JULY 26: Concurrence with the Housing Board of Appeals
     Notice and Order to Demolish 407 Marquette Avenue. CITY MANAGER
NEW BUSINESS:
  A. Resolution for Continuation of City Personal Income Tax Incentive within
     City Renaissance Zones. PLANNING & ECONOMIC DEVELOPMENT
       B. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish the Following: CITY MANAGER
            163 Amity Avenue
            122 E. Southern Avenue
            1877 Smith Street (Garage)
   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 and request a representative to dial (231) 724-6705.
Date:    September 27, 2011
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Cummings, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the September 12th
Commission Worksession Meeting and the September 13th City
Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                       City of Muskegon
                                 City Commission Worksession
                                      September 12, 2011
                                  City Commission Chambers
                                            5:30 PM

                                          MINUTES

2011-61
Present: Commissioners Warmington, Gawron, Wierengo, Carter, Spataro, Shepherd, and
Wisneski.
Absent: None.

Next Michigan-Ed Garner and Rick Chapla.
Ed Garner and Rick Chapla gave a presentation on Next Michigan, a new regional development
corporation by inter-local agreement.

It is hoped that Muskegon County and Kent County will develop an agreement to partner in this
program.

It is expected that an application will be sent to the State of Michigan by December 31, 2011.

The City Commission asked several questions about the program. No action was taken at this
time.

Audit Contract Extension.
Brickley DeLong is currently the City of Muskegon’s auditing firm. There is a long term
working relationship with the two organizations that has worked very well for the City. Staff
would like to continue by extending the current agreement until 2016 with a reduction of the
current cost to the City.

This item will be considered by the City Commissioners at its next City Commission meeting to
be held on September 13, 2011.

Financial Policies Update.
Tim Paul, Finance Director, gave an overview of the proposed changes to the current Financial
Policies. They include raising the General Fund reserve policy from 10% to 13%, changes to
policies to be in compliance with GASB, streamlining the City’s investment policy,
standardizing staff write-off accounts, and formalization of policies regarding water/sewer
issues.

This item will be considered by the City Commissioners at its next City Commission meeting to
be held on September 13, 2011.

Personal Property Taxes.
Staff was instructed to write a resolution asking the Legislature and the Governor to re-consider
reducing revenue to local units of government from the Michigan Personal Property Tax with the
passage of an amendment of the Michigan Constitution to protect the full amount of replacement
revenue.

This item will be considered by the City Commissioners at its next City Commission meeting to
be held on September 13, 2011.
Renaissance Zone Discussion.
With the elimination of the Michigan Business Tax and the implementation of the Corporate
Income Tax on January 1, 2012, businesses located in Renaissance Zones may be impacted by
the new tax structure.

Staff was instructed to write a resolution authorizing the City to continue providing the City
personal income tax benefits with Renaissance Zones for the life of each Zone.

Adjournment.
Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 6:25
p.m.

                                                                            MOTION PASSES



                                                             ________________________
                                                              Ann Marie Cummings, MMC
                                                                   City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    SEPTEMBER 13, 2011
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                  MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, September
13, 2011.
  Mayor Warmington opened the meeting with a prayer from Mr. George
Monroe from Evanston Avenue Baptist Church after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2011-62 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, August 23, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Audit Contract Extension. FINANCE
SUMMARY OF REQUEST: The City is in the final year of its contract for audit
services with Brickley DeLong. The firm has approached the City with a proposal
to extend the contract for five years. This proposal includes a reduction of
$4,300 in the fee for the audit currently underway (FY 2011), if the City agrees to
the extension. Also, fees for the next five years are lower than the previously
agreed to fee for FY 2011.
The City has had a successful partnership with Brickley for several years and has
enjoyed a smooth and efficient annual audit process. With staff reductions and
increased demands on staff time, we think it is prudent to continue this

                                        1
relationship. Additionally, Brickley is a major downtown employer and the only
CPA firm located in the City that has a significant presence in the government
auditing field.
FINANCIAL IMPACT:
Fiscal Year           2011     2012           2013     2014      2015      2016
Previously Agreed $37,875        -             -         -         -         -
To Fee
Proposed Fee        $33,575   $32,400       $33,275   $34,150   $35,350   $36,550


BUDGET ACTION REQUIRED: No action is required for the current year (2012)
budget. Future budgets will include the amounts shown above.
STAFF RECOMMENDATION: Approval of the proposed contract extension with
Brickley DeLong.
      E. Congress of Cities Voting Delegate. CITY CLERK
SUMMARY OF REQUEST: To designate Commissioner Shepherd who will be in
attendance at the National League of Cities Annual Business Meeting on
Saturday, November 12th, to cast the City’s vote.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
      F. Accept Resignation and Make Appointments to Various Boards and
         Committees. CITY CLERK
SUMMARY OF REQUEST: To accept the recommendation from the Community
Relations Committee made at their meeting held on September 12, 2011, to
accept the resignation of Stephen Warmington Jr. from the Income Tax Board of
Review and appoint Paul Edbrooke to the Downtown Development Authority
and Irene Navaro to the Citizen’s Police Review Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Community Relations Committee
recommendations.
      G. Michigan’s Personal Property Tax. CITY MANAGER
SUMMARY OF REQUEST: Request to approve the resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.

                                        2
STAFF RECOMMENDATION: Approval of the resolution.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda minus items C and D.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
2011-63 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Gaming License Request from Muskegon Lumber Jacks Charitable
         Foundation. CITY CLERK
SUMMARY OF REQUEST: Muskegon Lumberjacks Charitable Foundation, 470 W.
Western, Muskegon, MI 49440, is requesting a resolution recognizing them as a
non-profit organization operating in the City for the purpose of obtaining a
Gaming License. They have been recognized as a 501(c)(3) organization by the
State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
(Voted on with Item D)
      D. Gaming License Request from Tempting Tables. CITY CLERK
SUMMARY OF REQUEST:         Tempting Tables, 601 Terrace, Muskegon, MI is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a Gaming License. They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for a gaming license for Muskegon Lumber Jacks
Charitable Foundation and Tempting Tables.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2011-64 PUBLIC HEARINGS:

                                      3
     A. Review 2010-2011 Consolidated Annual Performance Evaluation Report
        (CAPER). COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing on September 13, 2011, to
review accomplishments and receive comments from the public concerning
the 2010-2011 Consolidated Annual Performance Evaluation Report (CAPER)
developed by the Community and Neighborhood Services department.
After the public hearing has been conducted and all the comments have been
documented, the Community and Neighborhood Services office requests that
the Commission direct the staff to submit the required documents to the U. S.
Department of Housing and Urban Development (HUD) in compliance with 24
CFR 91.520, by no sooner than September 14, 2011.
FINANCIAL IMPACT: The City is required to submit the CAPER report in order to
continue receiving Community Development Block Grant (CDBG) and HOME
funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct staff to gather comments from the public
and to submit the CAPER to HUD after the public comment period has elapsed.
COMMITTEE RECOMMENDATION:         The document has been reviewed by the
Citizen’s District Council.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the review of the 2010-2011 Consolidated Annual
Performance Evaluation Report.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
           Nays: None
MOTION PASSES
     B. Request for an Industrial Facilities Exemption Certificate for Northern
        Machine    Tool.      PLANNING        &  ECONOMIC        DEVELOPMENT
        (REMOVED PER REQUEST OF APPLICANT)
     C. Request for an Obsolete Property Rehabilitation Exemption Certificate
        for J&J Bail Bonds.      PLANNING & ECONOMIC DEVELOPMENT
        (REMOVED PER REQUEST OF STAFF)
2011-65 NEW BUSINESS:
     A. Financial Policies Update. FINANCE
SUMMARY OF REQUEST:        The City’s financial policies were last updated in

                                      4
2008. Recommended changes include:
   • Increasing the General Fund reserve policy (i.e. unassigned fund balance)
      from 10% to 13% of prior year actual revenues. This is reflective of the
      level used in the state’s fiscal stress model;
   • Addition of policies regarding the reporting of fund balances to bring the
     City into compliance with the recently issued Governmental Accounting
     Standards Board (GASB) statement 54;
   • Streamlining the City’s investment policy;
   • Standardizing staff authority to write-off accounts and settle liability claims
      at the staff level in amounts up to $15,000;
   • Formalization of policies regarding water affidavits and water/sewer billing
      issues.
FINANCIAL IMPACT: The financial policies have a major impact on safeguarding
the City’s financial resources and interests.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the financial policies as presented.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
      B. Application for Special License (Liquor Control Commission). PUBLIC
         SAFETY
SUMMARY OF REQUEST: The Little Red House Inc. has submitted an application
for a Special License for Beer, Wine and Spirits for consumption on the premises
for September 24, 2011. This license is for a fundraiser dinner/dance to be held
on the USS LST 393, 560 Mart Street.

The Foundation meets all of the requirements for the special license with the
exception of the request for “spirits”. Commission policy dictates that any
special license request which includes spirits must be considered and approved
by the body.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff has no recommendation.
Motion   by    Commissioner      Carter, second by Commissioner Shepherd to

                                         5
approve the application for a special liquor license on the USS LST 393 for Little
Red House, Inc.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, and Wierengo
            Nays: Warmington, Wisneski, and Carter
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro commented on the 80/20
requirement for health insurance.
PUBLIC PARTICIPATION: Public comments received.
2011-66 CLOSED SESSION: Collective Bargaining and Attorney/Client Privileged
        Communication.
Motion by Commissioner Carter, second by Commissioner Shepherd to go into
Closed Session to discuss collective bargaining and attorney/client privileged
communication.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Shepherd to come
out of Closed Session.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:11 p.m.


                                            Respectfully submitted,




                                            Ann Marie Cummings, MMC
                                            City Clerk




                                        6
Date:        September 27, 2011
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          City – MDOT Agreement for the resurfacing of
             Terrace Street from Apple to Western


SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the resurfacing of Terrace Street from
Apple (M-46) to Western Ave. And approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.



FINANCIAL IMPACT:
MDOT’s participation is limited to the approved federal funds of $160,000.00. The
estimated total construction cost is $224,200 plus an additional 15% of engineering.

BUDGET ACTION REQUIRED:
None as this project was budgeted for in the 2011/2012 CIP.

STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.



COMMITTEE RECOMMENDATION:
                          RESOLUTION__________

RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RESURFACING OF TERRACE STREET BETWEEN
APPLE AVE. (M-46) AND WESTERN AVE. TOGETHER WITH OTHER
NECESSARY RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR
STEPHEN J. WARMINGTON AND CITY CLERK, ANN MARIE CUMMINGS, TO
EXECUTE SAID CONTRACT

Moved by_____________________________________and supported by


Commissioner___________________________that the following Resolution be
adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 11-5527 between the
Michigan Department of Transportation and the City of Muskegon for the
resurfacing of Terrace Street between Apple Ave. (M-46) and Western Ave.
within the City is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 11-5527 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.



Adopted this____________day of____________, 2011.

                                       BY

                                        Stephen J. Warmington, Mayor

                                       ATTEST

                                            Ann Marie Cummings, City Clerk

                               CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
____________, 2011. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
                                               CITY OF MUSKEGON

                                       By___________________________
                                         Ann Marie Cummings, City Clerk
               Commission Meeting Date: September 27, 2011




Date:         September 20, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request to Establish an Obsolete Property
              District – 41 E Apple Ave


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, J&J Bail Bonds, 41 E
Apple Avenue, has requested the establishment of an Obsolete Property District. Total
capital investment for this project is estimated at $91,495.



FINANCIAL IMPACT:

If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.



BUDGET ACTION REQUIRED:

None



STAFF RECOMMENDATION:

Staff recommends approval.



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, as is described in
        Attachment A.

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 ___________________________

                                                             Ann Cummings, City Clerk
CERTIFICATION


        This resolution was adopted at a meeting of the City Commission, held on September 27, 2011.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.

                                                          CITY OF MUSKEGON

                                                          By ___________________________
                                                          Ann Cummings, City Clerk
                   ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF LOTS 5-8 & 14 BLK 219 COM AT SE COR
LOT 7 TH SWLY ON N LN CONCORD AVE 64 FT FOR POB TH SWLY ON N LN OF CONCORD AVE
137.3 FT TH NWLY 152.89 FT TO A PT 2.35 FT W OF E LN LOT 15 FT TH ELY ON S LN APPLE AVE
EX 160 FT M/L TH SELY PAR WITH ELY LN LOT 7 73.05 FT TO BEG
                 Commission Meeting Date: September 27, 2011




Date:         September 20, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request to issue an Obsolete Property
              Certificate –J&J Bail Bonds– 41 E Apple Ave


SUMMARY OF REQUEST:

Pursuant to Public Act 146 of the Michigan Public Acts of 2000, J&J Bail Bonds, 41 E
Apple Avenue, has requested the issuance of an Obsolete Property Certificate for the
property located at 41 E Apple Ave. Total capital investment for this project is estimated at
$91,495 and they plan to create 5 to 7 new jobs. Because of the amount of investment,
the applicant is eligible for an 8 year certificate.



FINANCIAL IMPACT:

If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.



BUDGET ACTION REQUIRED:

None



STAFF RECOMMENDATION:

Staff recommends approval.



COMMITTEE RECOMMENDATION:

None
                                         CITY OF MUSKEGON
                                     MUSKEGON COUNTY, MICHIGAN

                                      RESOLUTION NO. _____


A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by J&J
Bail Bonds.


The City Commission of the City of Muskegon hereby RESOLVES:

Recitals


A.      The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption
        Certificate from J&J Bail Bonds, to apply to the improvements located in an Obsolete Property
        Rehabilitation District established by previous resolution.

B.      The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of
        2000, dated July 12, 2000.

C.      An Obsolete Property Rehabilitation District in which the application property is located was
        established after hearing on September 27, 2011, being the same date that the district was
        established.

D.      The taxable value of the property proposed to be exempt, plus the aggregate taxable value of
        properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five
        percent (5%) of the total taxable value of the City of Muskegon.

E.      In the event it is determined that the said taxable values do exceed five percent (5%), the City
        Commission determines further that the said excedence will not have the effect of substantially
        impeding the operation of the City of Muskegon or impairing the financial soundness of any affected
        taxing units.

F.      This resolution of approval is considered by the City Commission on September 27, 2011, after a
        public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.

G.      The applicant, J&J Bail Bonds, is not delinquent any taxes related to the facility.

H.      The exemption to be granted by this resolution is for eight (8) years.

I.      The City Commission finds that the property for which the Obsolete Property Rehabilitation
        Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act
        146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received
        from the applicant all the items required by Section 9 of the application form, being the general
        description of the obsolete facility, a general description of the proposed use, a description of the
        general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
        equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete
        the rehabilitation, and statement of the economic advantages expected from the exemption.

J.      Commencement of the rehabilitation has not occurred before the establishment of the district.
K.      The application relates to a rehabilitation program that when completed will constitute a rehabilitated
        within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation
        District established by the City under PA 146 of 2000.

L.      Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the
        Certificate, have the reasonable likelihood to increase commercial activity and create employment; it
        will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten
        percent (10%) of the true cash value of the property at the commencement of the rehabilitation.

M.      The City Commission determines that the applicant shall have twelve (12) months to complete the
        rehabilitation. It shall be completed by September 27, 2012, or one year after the Certificate is
        issued, whichever occurs later.

N.      That notice pursuant to statute has been timely given to the applicant, the assessor for the City of
        Muskegon, representatives of the affected taxing units and the general public.

        NOW, THEREFORE, THE CITY COMMISSION RESOLVES:

1.      Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
        Commission hereby approves the application filed by J&J Bail Bonds., for an Obsolete Property
        Rehabilitation Exemption Certificate, to be effective for a period of eight (8) years;

2.      BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in
        Attachment A, the legal description containing the facilities to be improved;

3.      BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
        with the representations and conditions set forth in the recitals above and in the application material
        submitted to the City.

This resolution passed.

Ayes:   __________________________________________________________________

Nays:   __________________________________________________________________

                                                             CITY OF MUSKEGON

                                                             By ___________________________
                                                             Ann Cummings, City Clerk



CERTIFICATE


This resolution was adopted at a meeting of the City Commission held on September 27, 2011. The meeting
was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the
Public Acts of 1976.

                                                             CITY OF MUSKEGON

                                                             By ___________________________
                                                             Ann Cummings, City Clerk
                    ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 PART OF LOTS 5-8 & 14 BLK 219 COM AT SE COR LOT
7 TH SWLY ON N LN CONCORD AVE 64 FT FOR POB TH SWLY ON N LN OF CONCORD AVE 137.3 FT
TH NWLY 152.89 FT TO A PT 2.35 FT W OF E LN LOT 15 FT TH ELY ON S LN APPLE AVE EX 160 FT
M/L TH SELY PAR WITH ELY LN LOT 7 73.05 FT TO BEG
                 Commission Meeting Date: September 27, 2011




Date:         September 22, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request for an Industrial Facilities Exemption
              Certificate – Fleet Engineers, Inc.


SUMMARY OF REQUEST:

Due to an error in the application submitted by applicant staff requests this item be removed.



FINANCIAL IMPACT:

None.



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

Item be removed.



COMMITTEE RECOMMENDATION:

None




9/22/2011
SUMMARY FOR: 407 MARQUETTE AVE

407 Marquette is a single store concrete block building that was formally
The Marquette Street Market, the building is currently vacant and boarded up.
An interior inspection of the west section of the building on March 19, 2010 was
conducted however the east end of the building could not be performed. As of this
date there has not been any attempt to secure any permits and it does not appear
that any repairs have been made to the building. The structure continues to
deteriorate and is a blight on the Jackson Hill neighborhood.
                                   CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
                       DANGEROUS BUILDING INSPECTION
                                 REPORT
                                     Tuesday, January 26, 2010

Enforcement # EN100009         Property Address 407 MARQUETTE AVE
Parcel #24-205-012-0004-00     Owner DENNIE PERRY

Inspector: Don LaBrenz II

Date completed: 01/22/2010

DEFICENCIES:

 Uncorrected
1. Broken windows on rear of building.
2. Brick facade on rear of building failing.
3. Rear wall bowing out.
4. Broken windows front
5. Front siding rotted.
6. Ceiling outside front door rotted and falling down.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.

_____________________________                        _______________
Don LaBrenz II, Building Inspector                        Date
                                  CITY OF MUSKEGON
        933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
          DANGEROUS BUILDING INTERIOR INSPECTION REPORT


                                  407 MARQUETTE AVE
                                       03/19/2010

Inspection noted:


 Uncorrected
1. Repair roof damage leaking into stone area.
2. Replace ceiling damage due to leaking roof.
3. Repair front soffit by front entry door.
4. Repair all broken glass in windows.
Interior DB (Electrical)
5. All interior wiring in west end of building to be evaluated for damage due to the
elements.
6. Interior wiring in east end of building inaccessible, but believed to not be salvageable.

NOTE: Wire probably will need to be reconfigured depending on proposed use of
building.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.



HENRY FALTINOWSKI, BUILDING INSPECTOR                                     DATE
        Commission Meeting Date: September 27, 2011




Date:      September 21, 2011
To:        Honorable Mayor & City Commission
From:      Planning & Economic Development Department
RE:        Resolution for Continuation of City Personal
           Income Tax Incentive within City Renaissance
           Zones


SUMMARY OF REQUEST: PA 38 of 2011 (May 2011) repealed Section
206.31 of the Income Tax Act of 1967 which allowed individuals who
were residents of a Renaissance Zone to exempt their income from the
4.35% tax. Those living within a Renaissance Zone must begin paying
State Personal Income Tax on January 1, 2012. The attached
resolution authorizes the City to continue providing the City personal
income tax benefit within Renaissance Zones, for the life of each Zone.


FINANCIAL IMPACT: No new impact since it is a continuation of a
benefit already in place.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign.
                                    Resolution No. ______

                               Muskegon City Commission

   RESOLUTION FOR CONTINUATION OF CITY PERSONALINCOME TAX INCENTIVE
              WITHIN CITY OF MUSKEGON RENAISSANCE ZONES

   WHEREAS, the City of Muskegon established several Renaissance Zone areas between
the years 2000 and 2002, and two Renaissance Zone extensions in 2008; and

  WHEREAS, the Renaissance Zones were set up to be virtually tax-free zones for local and
state taxes, including personal income taxes for individuals living in the Zones; and

  WHEREAS, PA 38 of 2011 (May 2011) repealed Section 206.31 of the Income Tax Act of
1967 which allowed individuals who were residents of a Renaissance Zone to exempt their
income from the 4.35% tax; and

  WHEREAS, individuals living in a Renaissance Zone must begin paying the state personal
income tax beginning January 1, 2012; and

    WHEREAS, the original intent of the Renaissance Zone benefits was to extend them
through 2014, with 25% of the taxes being levied in 2012, 50% in 2013 and 75% in
2014, with some areas having extended benefits beyond 2014; and

   WHEREAS, the City of Muskegon intends to honor it’s commitment to provide individuals
living in our Renaissance Zones with City personal income tax relief.

NOW, THEREFORE, BE IT RESOLVED, THAT the City of Muskegon agrees to
continue the Renaissance Zone City personal income tax benefits, to the extent
permitted by law, through the life of the Renaissance Zones.

Adopted this _____ of _______________, 2011.

        AYES:

        NAYS:

        ABSTAIN:

                                            By:______________________________
                                                    Stephen J. Warmington, Mayor

                                           Attest:____________________________
                                                    Ann Marie Cummings, City Clerk

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