City Commission Worksession Agenda 06-09-2008

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                           CITY OF MUSKEGON

                              Monday, June 9, 2008
                                   5:30 p.m.
                           City Commission Chambers


I.   Agreement for Processing Parking Citations and Revenue Collection. (Finance)

2.   Nuisance Business Ordinance. (City Manager)

3.   Ladder 44.

4.   Any Other Business.

5.   Closed Session - City Manager's Evaluation.

6.   Adjournment.
                                      City of Muskegon
                                City Commission Worksession
                                        June 9, 2008
                                 City Commission Chambers


Present: Commissioners Warmington, Carter, Wierengo, Wisneski, Gawron, Shepherd, and
Absent: None.

Agreement for Processing Parking Citations and Revenue Collection. (Finance)
Beth Lewis, Assistant Finance Director, explained the proposed agreement for processing
parking citations and revenue collection. The item has been placed on the June 10, 2008 City
Commission meeting.

Nuisance Business Ordinance (City Manager)
A proposed Nuisance Business Ordinance was presented to the City Commission for review.
This item will be placed on the July Worksession for further discussion.

Ladder 44.
The Fire Department is requesting permission to sell Ladder 44 Fire Truck. Proceeds from the
sale will be put towards the purchase of a new truck.

Motion by Commissioner Spataro, seconded by Vice Mayor Gawron to proceed to sell
ladder 44.

                                                                  ROLL CALL VOTE:

Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Cater.
Nays: None.

                                                                  MOTION PASSES

Closed Session - City Manager's Evaluation.
Motion by Commissioner Spataro, seconded by Commissioner Carter to go into closed
session to discuss the City Manager Evaluation.

                                                                  ROLL CALL VOTE:

Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron.
Nays: None.
                                                          MOTION PASSES.

Motion by Commissioner Shepherd, seconded by Commissioner Carter to go into open

                                                          MOTION PASSES.

Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 7:28

                                                          MOTION PASSES

                                                 ~½lv~, &,vL'-s
                                                     Ann Marie Becker, MMC
                                                         City Clerk
Date:        June 3, 2008

To:          Honorable Mayor and City Commissioners

From:        Assistant Finance Director

RE:          Agreement for Processing Parking Citations and Revenue

SUMMARY OF REQUEST: To authorize staff to enter into an agreement with
Complus to provide the City parking citation processing and revenue collection.
Complus along with providing handheld devices that will help ensure accuracy, provide
documentation and increase efficiency will supply the City with access to their on-line
software to track and manage parking tickets and payments.

Fl NANCIAL IMPACT: The fee is 20% of all paid parking tickets which is an increase
from the approximately 13% charged by the current provider. The increased fee will be
offset by increased revenue.


STAFF RECOMMENDATION: Authorize staff to enter into agreement with
Complus for Parking Citation processing and revenue collection

                                                                     City of Muskegon
                                                                     Finance Department

 To:       City Commission
 From:     Elizabeth Lewis
 Cc:       Bryon Mazade; Tim Paul
 Date:     6/03/08
 Re:       Parking Citations Processing and Revenue Collections

The City of Muskegon has had an agreement with Data Tickets, Inc out of Newport Beach, California
for the last five years to process parking tickets and parking ticket revenues. The City has experienced
poor customer service and has received many service related complaints from customers. Our current
contract expires in late August. A group of system users have had presentations by several other
vendors that have Michigan clients. The City has received a quote from Complus Data Innovations, Inc
located in Tarrytown, New York after an impressive presentation.

I am requesting authorization to enter into an agreement with Complus to provide the City's parking
citations processing and revenue collections. Currently the City's fees for parking citation processing
are approximately 13% of revenue collected. Complus has proposed a 20% fee of all paid parking
tickets, although this is higher than our current fees it should be offset with higher parking ticket and
impound fee revenues. Complus will provide the following:

       •   Two (2) one-piece handheld ticket writers with built in printers along with all maintenance,
           repair and replacement of the equipment. Handheld units will be replaced approximately every
           three years with improved equipment. Currently the City owns two handheld units that were
           purchased in 2003 and are out of date and in need of replacement.

       •   Increased collection of park tickets. The City's current collection rate is 74%. Complus' goal
           would be to drive the collection rate into the 90% range which is their national average.

       •   Payments processed to the parking ticket database are updated in real time. This will provide
           the most up to date information in impound cases.

       •   More accurate information can be provided by Complus because of their direct relationship
           with the Michigan Secretary of State and other state Secretary of State offices. It appears our
           current provider uses a third party to obtain information from the Secretary of State so
           information is not always current.

       •   The new handhelds have the capability of holding the City's entire Scofflaw List (impound list)
           the handhelds being used now only are capable of storing the current list plus two (2) previous

• Page 1
       years. This additional information available to our parking enforcement officer will increase our
       Impound fee revenue.

   •   Timely customer service and support. Our current providers location in California caused
       delays because of differing time zones. Com plus is located in the eastern time zone.

   •   Complus' on-line parking ticket software will provide the City with the capability to generate
       reports that have not been available with our current provider.

   Complus will increase the City's efficiency and accuracy thereby saving time and maximizing

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                                   CITY OF MUSKEGON

                           MUSKEGON COUNTY, MICHIGAN

                                  ORDINANCE NO.



      Article _ _ of Chapter_, as stated below, is hereby added to the City of Muskegon
Code of Ordinances.

             Sec. ___. Definitions.

                    As used in this article:

                     Business activity means any action or acts of buying, selling, leasing,
             renting, or otherwise marketing, any goods, services, merchandise or commodities
             of any kind or description, whether or not conducted from a business

                     Business establishment means any lot, building or structure, or a part
             thereof, including, without limitation, leased or occupied space in a mall, store or
             building, located within the corporate limits of the city, from which a person
             engages in or causes to be engaged in any act or acts of buying, selling, leasing,
             renting, or otherwise disposing of, performing or marketing, any goods, services,
             merchandise or commodities of any kind or description.

                      Nuisance means any act or acts or omission to act on the part of any
             person or group of people which creates or permits the existence of a situation
             which annoys, injures or endangers the peace, welfare, order, health or safety of
             the public in their persons, private property or public property, including public
             sidewalks, parking lots, streets and alleyways surrounding business
             establishments within the city. A nuisance results from disorderly and/or
             dangerous behavior, including but not limited to increased noise, loitering,
             littering, fighting, jostling, roughly crowding, use and/or display of weapons,
             public intoxication, public indecency, obscene conduct, collecting in crowds for
unlawful purposes, or any other disruptive, obnoxious, offensive, threatening or
intimidating behavior that contributes to the disturbance of the peace and quiet.

        Owner means any person who possesses or has any legal or equitable
interest in a business establishment. "Owner" also means any person who has or
exercises control, custody or dominion over any property and/or business
establishment. As used in this chapter, for purposes of notification, "the owner,"
"an owner" or "owner" shall mean the "owner/manager" indicated on the business
registration application filed with the city clerk to obtain a certificate of
registration pursuant to Section 50-33 of the City of Muskegon Code of

           Property means any land, structure, house, building, premises or any part

Sec. ___. Findings with respect to disorderly and/or dangerous conduct.

        The city determines that whenever repeated instances of disorderly and/or
dangerous behavior occur on or near any business establishment and that business
establishment is repeatedly the site of disruptive public behavior a public nuisance
results. Such a public nuisance results from the increased criminal activity that
occurs in the neighborhood sun-ounding the relevant business establishment, the
fear engendered in the minds of the public and the disturbance of the peace and
quiet of those people living, recreating, shopping and/or doing business in the
neighborhood sun-ounding the business establishment.

Sec. _ __        Declaration of public nuisance.

               (a)     Whenever repeated instances of disorderly and/or
dangerous conduct, as outlined in Section ___, occurs on or near any business
establishment, the City Commission may declare, by resolution, that the business
establishment is a public nuisance and order that the nuisance be abated as
provided in this chapter. Such a declaration may occur only after there has been
notice given to the owner of the business establishment and the owner has had an
opportunity to be heard at a public hearing.

        (b)     Notice of the public hearing shall be given to the owner and shall
consist of personal service or the mailing of a certified letter to the
owner/manager at the mailing address indicated on the business registration
application filed with the city clerk to obtain a certificate of registration for the
business establishment pursuant to Section 50-33 of the City of Muskegon Code
of Ordinances. The notice shall state the nature of the alleged nuisance and the
time, date and location of the hearing. If the notice is served by certified mail, it
shall be delivered with a return receipt requested according to the practices of the
post office. Receipt of the return receipt card by the city indicating the owner or a
representative of the owner has received such notice shall be deemed notice to the
owner. It shall not be necessary that the card be returned if the certified mail has
been refused or there is other evidence that the owner has received notice. Such
notice to an owner shall occur by the said mailing with postmark or personal
delive1y at least fourteen (14) calendar days prior to the date of the public hearing.

                (c)     The City Commission may appoint a hearing officer to
conduct the public hearing. The hearing officer, acting in a quasi-judicial
capacity, shall make a determination as to whether a public nuisance exists under
the standards established by this Article. The hearing officer shall make this
determination based solely upon the evidence presented at the public evidentiary
hearing. In conducting the public evidentiary hearing, the hearing officer shall
afford the owner, city personnel, other witnesses, and interested parties an
opportunity to present relevant and material evidence and to make arguments as to
factual or legal issues. Cross-examination of opposing witnesses shall be
permitted. The owner may appear in person and be represented by an attorney.
Lay representation is not permitted. In conducting its public evidentia1y hearing,
the hearing officer shall not be bound by the rules of evidence and may admit and
give weight to probative evidence of a nature that is commonly relied upon by
reasonably prudent individuals in the conduct of their affairs. Irrelevant,
incompetent and immaterial evidence and unduly repetitious evidence shall be
excluded. A record of said hearing shall be made.

Sec. ___. Abatement of nuisance and costs; posting; recording and
listing of public nuisances.

        If the hearing officer determines by a preponderance of the evidence that a
business establishment is a public nuisance, the City Commission may, by
resolution, in addition to any other remedies available to the city at law or in
equity, order abatement of the nuisance. The resolution shall state the factual
findings and the basis for the decision of the hearing officer in writing.

       (1)     The abatement process shall be conducted as follows:

                (a)    If it is determined that the business establishment is to be
closed temporarily, the City Commission shall order that all business activity end
and declare that all business activity is prohibited and authorize the Police
Department to prohibit any business activity from occurring at the business
establishment for a period ofup to thirty (30) days for the first offense, up to sixty
(60) days for a second offense committed by the same owner within twelve
months from the last day of the first closure, up to ninety (90) days for a third
offense committed by the same owner within twelve months from the last day of
the second closure; and/or,
               (b)     Determine that the owner shall be liable for the full cost of
any materials and personnel (including police and any other city employees or
contractors) involved in ensuring that no business activity occurs at the business
establishment; and/or,

               (c)      Determine that the costs set out herein shall be a personal
debt of the owner and/or assess those costs against the business establishment as a
lien as provided for in this ordinance and by law, or both.

           (2)   The posting, recording and listing of public nuisances shall be as

                (a)     Whenever the City Commission shall have ordered a
business establishment to be closed temporarily, the Police Department shall post
a notice so stating at each entrance to any building on the property and shall
replace any notices that are missing or unreadable.

                (b)     The City Clerk shall maintain a list of those business
establishments that have been declared to be a public nuisance and of the remedy
ordered by the City Commission. Immediately upon a declaration of public
nuisance as provided for herein, the City Clerk shall add the business
establishment to the list. A list of such properties shall be available for public
inspection at the City Clerk's office.

               (c)   No person other than an authorized city employee shall
tamper with, damage, alter, destroy or remove any notice posted by the City.

                 (d)   The City may, at its discretion, record an affidavit setting
forth its findings under this Article and the remedies determined to apply to the
property at the Muskegon County Register of Deeds.

Sec. - - -       Appeal.

              (a)     An owner aggrieved by any final determination by the City
Commission under this Chapter may appeal the determination to the Circuit Court
within twenty-one (21) days of the date of the decision.
                               (b)    The Circuit Court shall review the City Commission's
              decision to detennine whether it is in violation of the law, has been procured by
              fraud, if an abuse of discretion exists, and whether the decision is supported by
              competent, substantial and material evidence on the record as a whole. The
              Circuit Court's review shall be made upon the record made before the hearing
              officer. It is the responsibility of the appealing party to demonstrate error, and to
              present and settle the record. The Court may return the matter for further hearing,
              reverse or modify the decision of the City Commission, or affirm the same. If the
              court affirms the action of the City, or modifies it, the Court may provide any
              order or relief it deems appropriate to enforce and aid in the enforcement of this
              ordinance and the action of the City.

This ordinance adopted:

       Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~
       Nays: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Adoption Date: - - - - - - - - - - - -
Effective Date:
First Reading: _ _ _ _ _ _ _ _ _ _ __
Second Reading: _ _ _ _ _ _ _ _ _ _ __
                                                    CITY OF MUSKEGON

                                                     Ann Becker
                                                     City Clerk


      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ___ day of _ _ _ _ _ _ _~2008, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.

DATED: - - - - - ~ 2 0 0 8

                                       Ann Becker
                                       Clerk, City of Muskegon
Publish:     Notice of Adoption to be published once within ten (10) days of final adoption.

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