City Commission Packet 07-08-2014

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       CITY OF MUSKEGON
          CITY COMMISSION MEETING
                                      JULY 8, 2014
     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. Farmers’ Market – Second Amendment to Purchase Agreement.
           PLANNING & ECONOMIC DEVELOPMENT
        C. Special Event Request – Catamaran Racing Association of Michigan.
           PLANNING & ECONOMIC DEVELOPMENT
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
        A. Codification of City Ordinances. CITY CLERK
        B. No Parking Front/Side Yard – Ordinance Amendment. PUBLIC SAFETY
        C. Consideration of Bids for Merrill Avenue Reconstruction between Fifth
           and Third. ENGINEERING
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►   Reminder: Individuals who would like to address the City Commission shall do the following:
►   Fill out a request to speak form attached to the agenda or located in the back of the room.
►   Submit the form to the City Clerk.
►   Be recognized by the Chair.
►   Step forward to the microphone.
►   State name and address.
►   Limit of 3 minutes to address the Commission.
►   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE CUMMINGS, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231)
724-6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Date:    July 8, 2014
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Cummings, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the June 24th City
Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JUNE 24, 2014
    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, June 24, 2014.
Mayor Gawron opened the meeting with prayer from Mr. George Monroe from
the 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Dan Rinsema-Sybenga, Byron Turnquist,
and Ken Johnson, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2014-46 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the June 9th Commission
Worksession Meeting, and the June 10th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Extension of the Moratorium for Establishments of Medical Marijuana
         Facilities. CITY CLERK
SUMMARY OF REQUEST: On March 11th the City Commission declared an
emergency moratorium on the establishment of any medical marijuana facility
for 120 days so staff and counsel may create an appropriate ordinance
regulating medical marijuana facilities for consideration by the City Commission.
Staff is requesting a 60-day extension of the moratorium so a proposed
ordinance may be presented to the City Commission at a meeting in August.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the resolution extending the moratorium.
     C. Wheel Loader. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one Wheel Loader from
Michigan CAT off of the Mi-Deal State Purchasing contract.
FINANCIAL IMPACT: A net price $151,900; $187,900 price of the new loader
minus $36,000 trade-in value of the loader we have.
BUDGET ACTION REQUIRED: None, amount is what was budgeted.
STAFF RECOMMENDATION: Authorize the purchase.
     E. Selection of Vinyl Siding Supplier for       Fiscal   Year   2014-2015.
        COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Community & Neighborhood Services
Department’s selection of the Vinyl Siding Supplier for 2014-2015 fiscal year.
After reviewing all bids, the department selected the bid from Keene Lumber
Co., located at 346 W. Laketon Ave., Muskegon, MI, for the price of $46.95 per
building square for both white and color siding.
The Community & Neighborhood Services Department received two additional
bids from:
     1. Sethco Lumber, Muskegon White - $47/sq.      Color - $49/sq.
     2. Home Acres, Muskegon       White - $50/sq.   Color - $51/sq.
FINANCIAL IMPACT: Funding will be disbursed from the 2014-2015 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Hood, second by Commissioner Johnson, to accept
the Consent Agenda as read minus items D and F.
ROLL VOTE: Ayes:    Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
           Nays: None
MOTION PASSES
2014-47 ITEMS REMOVED FROM THE CONSENT AGENDA:
     D. Mini Excavator. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase one Mini Excavator from
Michigan CAT, the lowest qualified bidder.
FINANCIAL IMPACT: $46,100.
BUDGET ACTION REQUIRED: None, this purchase was in the 2013/14 CIP for the
Equipment Division.



                                                                                  2
STAFF RECOMMENDATION: Authorize staff to purchase one 4½ ton Mini
Excavator from Michigan CAT.
Motion by Commissioner German, second by Commissioner Johnson to
approve staff to purchase one 4½ ton Mini Excavator from Michigan CAT.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
      F. “Rule of 1” Question on General Ballot. CITY MANAGER
SUMMARY OF REQUEST: To approve the resolution to place the Civil Service
procedure for filling positions of employment by way of promotion to eliminate
the “Rule of 1” for adoption by the voters of the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the resolution to place the elimination of
the “Rule of 1” question on the General Ballot.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
adopt the resolution to place the elimination of the “Rule of 1” question on the
General Ballot.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Spataro
            Nays: None
MOTION PASSES
2014-48 NEW BUSINESS:
      A. Heritage Square Development LLC – Construction Loan Agreement and
         Other Document Approval. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: At the March 25, 2014, meeting, the Commission
authorized staff and the City Attorney to proceed with the necessary
documents to complete the loan transaction with Mr. Post for the construction
of two townhouses at Heritage Square, on Clay Avenue (as well as explore the
option of using HOME funds for an additional unit, which remains a possibility).
An agreement has been reached to loan Mr. Post $500,000 from the City’s
“economic development fund” for the construction of the two townhouses (just
to the West of the existing four units). The Construction Loan Agreement, as well
as the Construction Loan Note, Commercial Construction Mortgage,
Commercial Guaranty (which is Mr. Post’s personal Guaranty), Security
Agreement, Assignment of Rents and Leases, and Assignment of Plans and



                                                                                    3
Specifications have been prepared and are ready for Commission approval.
FINANCIAL IMPACT: The City will loan $500,000 to Mr. Post to complete two
townhouses. The funds must be substantially expended by December 2014 (with
the project fully completed by February 28, 2015). Both townhouses are to be
sold within 24 months of the date of the Agreement (if not, “interest shall begin
accruing on the Construction Note retroactively from the Effective Date of this
Agreement at the rate of 5% per annum”).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Construction Loan Agreement, as
well as the Commercial Construction Mortgage, Commercial Guaranty (which is
Mr. Post’s personal Guaranty), Security Agreement, Assignment of Rents and
Leases, and Assignment of Plans and Specifications and authorize the Mayor
and Clerk’s signature’s on the documents, as well as authorize staff to sign any
and all other documents necessary for the loan closing (e.g., closing statement,
escrow agreement, Transnation documents).
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the Construction Loan Agreement and the other agreements and
documents, and authorize the Mayor and Clerk’s signatures on the documents,
as well as authorize staff to sign any and all other documents necessary for the
loan closing.
ROLL VOTE: Ayes:    Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Spataro, and German
             Nays: None
MOTION PASSES
      B. Farmer’s Market Rentals. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: City staff would like to allow public rental of certain
areas of the new Farmer’s Market facility. The proposed rental rates are shown
on the 2014 Farmer’s Market Rental Rate Sheet. There would be five separate
areas of the Farmer’s Market available for rent as shown on the Farmer’s Market
site map.
Staff is requesting approval of the rental rates listed.
FINANCIAL IMPACT: Facility rental would generate additional income for the
market.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rental rates, and
incorporation of the rates into the City’s fee schedule. Staff also recommends
that the Commission authorize staff to negotiate in-kind services in lieu of a
portion or all of the rental fee, when appropriate.



                                                                                    4
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German
to approve the rental rates and incorporate the rates into the City’s fee
schedule, and allow staff to negotiate in-kind services in lieu of a portion or all of
the rental fee, when appropriate.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
           Rinsema-Sybenga
             Nays: None
MOTION PASSES
      C. Police Review Board Minority Coalition. CITY CLERK
SUMMARY OF REQUEST: A letter of understanding between the Muskegon
Minority Coalition and the City of Muskegon was adopted on November 10,
1998. Some items in the original letter are now obsolete. Commissioner
Rinsema-Sybenga, Commissioner Hood, staff, and members of the Minority
Based Organizations met to discuss needed changes.
The two most significant changes the organizations agreed to are as follows:
      Place the remark “inactive/no longer exists” next to Muskegon Urban
      League and Ad Hoc Committee for Equality and Justice who no longer
      exist.
      Remove term limits.
Organizations have been asked to obtain approval from their respective boards
and obtain signatures from an authorized individual(s).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Mayor and Clerk to sign the First
Amendment to the Letter of Understanding between the Muskegon Minority
Coalition and the City of Muskegon dated November 10, 1998.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to authorize the Mayor and Clerk to sign the First Amendment to the Letter of
Understanding between the Muskegon Minority Coalition and the City of
Muskegon dated November 10, 1998.
ROLL VOTE: Ayes:  Johnson, Gawron, Hood, Spataro, German, Rinsema-
           Sybenga, and Turnquist
             Nays: None
MOTION PASSES
      D. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY



                                                                                         5
        254 Monroe
        1245 Fleming (garage only)
        30 E. Clay
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds for 254 Monroe and 1245 Fleming (garage
only), and General Funds for 30 E. Clay.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:       To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner German to concur
with the Housing Board of Appeals decision to demolish 254 Monroe and 1245
Fleming (garage only).
ROLL VOTE: Ayes:      Gawron, Hood, Spataro, German, Rinsema-Sybenga,
           Turnquist, and Johnson
           Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
concur with the Housing Board of Appeals notice and order to demolish 30 E.
Clay.
ROLL VOTE: Ayes:    Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
           Nays: None
MOTION PASSES
     E. Resolution to Place Question to Increase Tax Levy on Ballot.    CITY
        MANAGER
SUMMARY OF REQUEST: To approve the resolution for a proposed Charter
Amendment to allow the City Commission to levy up to 14 mills for municipal
purposes. If adopted, this question will be placed on the General Ballot for
consideration by the voters.
FINANCIAL IMPACT: None.



                                                                                6
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the resolution to place a question on the
ballot to levy up to 14 mills for municipal purposes.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
adopt the resolution to place a question on the ballot to levy up to 14 mills for
municipal purposes.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
2014-49 CLOSED SESSION:
      A. Attorney-Client Privileged Communications.
      B. City Manager’s Evaluation.
Motion by Commissioner Johnson, second by Commissioner German to go into
Closed Session at 6:45 p.m. to discuss Attorney-Client Privileged
Communications and City Manager’s Evaluation.
ROLL VOTE: Ayes:    Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Spataro, and German
            Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
come out of Closed Session at 7:25 pm.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:25 pm.


                                                 Respectfully submitted,




                                                 Ann Marie Cummings, MMC
                                                 City Clerk



                                                                                    7
               Commission Meeting Date: July 8, 2014




Date:          June 30, 2014
To:            Honorable Mayor & City Commission
From:          Planning & Economic Development Department
RE:            Farmers’ Market- Second Amendment to
               Purchase Agreement


SUMMARY OF REQUEST: Due to the weather conditions during the winter of 2013-
2014, the construction of the new downtown Farmers’ Market has taken longer than
anticipated. Final items are being completed by the Contractor, and final approvals
and payments are required prior to transferring the property from the DMDC to the
City. The City Commission approved a “First Amendment to Purchase Agreement” in
May. It is necessary to extend the Closing date further. Therefore, Commission is
requested to enter into a “Second Amendment to Purchase Agreement”. The
Amendment allows for continued operation of the Farmers’ Market prior to the official
closing on the property, with the City “fully responsible for any and all liability related
to operating the farmers’ market” during that time. The Closing is moved to August 8,
2014 or before.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the attached “Second Amendment to
Purchase Agreement” and authorize the City Manager’s signature (after the fact).
                                     SECOND AMENDMENT TO
                                      PURCHASE AGREEMENT

        This Amendment (“Amendment”) is made effective on ____________, 2014 (“Effective Date”)
by and between the City of Muskegon, a Michigan municipal corporation, with offices located at 933
Terrace Street, Muskegon, Michigan 49440 (“City”), and Downtown Muskegon Development
Corporation, a Michigan non-profit corporation, with offices located at 425 W. Western, Muskegon,
Michigan 49442 (“DMDC”). City and DMDC, may each be referred to as a “Party” or collectively as
“Parties”.

                                                Background

      A.       City and DMDC entered into a purchase agreement on August 13, 2013 (“Purchase
Agreement”) for certain Premises (as defined in the Purchase Agreement). The Premises are being sold
be DMDC to City for the purpose of operating a farmer’s market in downtown Muskegon.

        B.      The intent of the Purchase Agreement was to have a Closing (as defined in the Purchase
Agreement) upon the completion of construction of certain elements and structures by DMDC. The
farmer’s market is scheduled to open on May 3, 2014, however, the Parties will not be able to close prior
to such date.

         C.      The Parties now desire to move the Closing to on or before August 8, 2014, or such other
date mutually agreed upon by the Parties. During the time period between May 3, 2014 and the Closing,
the Parties desire for the City to operate the farmer’s market on the Premises.

     Therefore, for good and valuable consideration, and the mutual promises contained in this
Amendment, the Parties agree to amend Purchase Agreement as follows:

       1.      Closing. The Closing shall occur on or before August 8, 2014, or such other date
mutually agreed upon by the Parties.

        2.      Operations. From the date the farmer’s market opens on the Premises until Closing, the
City shall operate the farmer’s market (“Operations Period”). City shall have full use of the Premises
during the Operations Period.

          3.      Liability. During the Operations Period, City shall be fully responsible for any and all
liability on the Premises related to operating the farmer’s market. In addition, City shall include operating
the farmer’s market on its general liability insurance coverage. Notwithstanding the preceding, DMDC
shall be responsible for any liability on the Premises related to its actions, and the actions of its employees
or agents.

        4.     No Other Modification. Except as expressly modified by the terms of this Amendment,
the Purchase Agreement shall remain in full force and effect. In the event of any inconsistency or conflict
between the Purchase Agreement and this Amendment, the provisions of this Amendment shall govern
and control.

        The Parties have executed this Amendment as of the Effective Date.


                                [Signatures to appear on the following page]


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CITY:        City of Muskegon,
             a Michigan municipal corporation

By:
Name: Frank Peterson
Title: City Manager
Date: ____________ ___, 2014




DMDC:        Downtown Muskegon Development Company,
             a Michigan non-profit corporation

By:
Name:
Title:
Date: ____________ ___, 2014




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                    CITY COMMISSION MEETING DATE
                                  July 8, 2014


Date:        June 24, 2014
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 hold a Catamaran sailing regatta with
             overnight camping at Pere Marquette Park (7th-year
             event)


SUMMARY OF REQUEST: C.R.A.M. is holding their annual Catamaran sailing
regatta at Pere Marquette Park, July 25 - 27, 2014. 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
former Captain Jack’s restaurant for overnight camping, provided that the new
owners (Harris Hospitality) approve. If they are unable to use that lot, they request to
use the parking lot at Harbour Towne beach.

They expect around 10 RVs in the lot overnight. This is the event’s seventh 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 25, 26, and 27, 2013.


COMMITTEE RECOMMENDATION:                N/A
Date:         July 8th, 2014
To:           Honorable Mayor and City Commissioners

From:         Director of Public Safety Jeffrey Lewis

RE: No Parking Front/side yard – Ordinance Amendment


SUMMARY OF REQUEST:

The Director of Public Safety requests that the City Commission review and authorize
the proposed amendment to Section 8.10 (1) of the City Ordinance as it relates to
parking violators that do not parking in designated areas in residential sections.

The amendment would add subsection (y) “No Parking unimproved Front/side
yards of a residential lot”, resulting in the issuance of a Municipal Civil Infraction.

The police department receives numerous complaints that vehicles park in these
unimproved areas adding to property blight and generate unnecessary calls for
service in which cannot be mitigated by the police department at this time.

FINANCIAL IMPACT:

Positive financial impact as fines may be received by violators not in compliance

BUDGET ACTION REQUIRED:

N/A

STAFF RECOMMENDATION:

Staff recommends approving this ordinance amendment as written.
                                                      City of Muskegon
                                                 Muskegon County, Michigan
                                               Ordinance Amendment No. _____


THE CITY OF MUSKEGON HEREBY ORDAINS:


Chapter 92 “Traffic and Vehicles,” Article II “Uniform Traffic Code,” Section 92-33 “Changes
in code,” Section 8.10 “Stopping, standing or parking vehicles; violations as civil infraction” of
the Code of Ordinances of the City of Muskegon is amended as follows:

     (1) A person shall not stop, stand, or park a vehicle in any of the following places, except
         when necessary to avoid conflict with other traffic or to comply with the law or the
         directions of a police officer or traffic control device:

           (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 none, then within 15 feet of the intersection of
               property lines at an intersection of streets.
           (g) Within 30 feet of any flashing beacon, stop sign, yield sign, or traffic control signal
               located at the side of a street.
           (h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb
               immediately opposite the ends of a safety zone, unless a different length is indicated
               by signs or markings.
           (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 a street
               opposite the entrance to any fire station, within 75 feet of the entrance when property
               signposted.
           (k) Alongside or opposite any street excavation or obstruction when such stopping,
               standing, parking would obstruct traffic.
           (l) On the street side of any vehicle stopped or parked at the edge or curb of a street.
           (m) On any bridge or other elevated structure on a street or within a street tunnel.
           (n) Within 200 feet of an accident at which police officers are in attendance.
           (o) In front of a theater.
           (p) In any place or in any manner so as to block immediate egress from any emergency
               exit or exits which are conspicuously marked as building emergency exits.
           (q) In any place or in a manner so as to block or hamper the immediate use of an
               immediate egress from any fire escape which is conspicuously marked as a fire
               escape and which provides an emergency means of egress from any building.
           (r) At any place where official signs prohibit stopping, standing, or parking.
           (s) In a parking space which is clearly identified by an official sign as being reserved for
               use by handicappers and which is on public property or private property that is



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               available for public use, unless the person is a handicapper as described in the act or
               unless the person is parking the vehicle for the benefit of a handicapper. A certificate
               of identification issued under section 675(5) of the Act (MCL 257.675(5)) to a
               handicapper shall be displayed on the lower left corner of the front windshield. A
               special registration plate issued under section 803d of the Act (MCL 257.803d) to a
               handicapper shall be displayed on the vehicle.
           (t) Within 500 feet of a fire at which fire apparatus are in attendance when the scene of
               the fire lies outside of a city or village. However, volunteer firefighters responding to
               the fire may park within 500 feet in a manner that does not interfere with fire
               apparatus at the scene. Vehicles legally parked before the fire shall be exempt from
               this subsection.
           (u) Along or on any unpaved parkway, except where the same is used for a driveway to
               enter private or public property.
           (v) In any public park, beach or other public area between the hours of 11:00 p.m. and
               7:00 a.m.
           (w) In any public or municipal parking areas between the hours of 2:00 a.m. and 7:00
               a.m.
           (x) Other than between painted lines in designated parking areas.
           (y) On unimproved side or front yards of residential lots.


This ordinance adopted:


           Ayes: ______________________________________________________________
           Nays: _______________________________________________________________


Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________


                                                                                  CITY OF MUSKEGON


                                                                                  By ______________________________
                                                                                     Ann Cummings, MMC
                                                                                     City Clerk




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                                                               CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the          day of                      , 2014, 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:                                   , 2014


                                                               _______________________________________
                                                               Ann Cummings, MMC
                                                               Clerk, City of Muskegon

Publish:             Notice of Adoption to be published once within ten (10) days of final adoption.




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                                                       CITY OF MUSKEGON
                                                      NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED

        Please take notice that on ___________________, 2014, the City Commission of the City
of Muskegon adopted an amendment to Chapter 92 “Traffic and Vehicles,” Article II “Uniform
Traffic Code,” Section 92-33 “Changes in code,” Section 8.10 “Stopping, standing or parking
vehicles; violations as civil infraction” of the Code of Ordinances of the City of Muskegon,
whereby the following change was made:

           Section (y) was added, to prohibit parking vehicles on unimproved areas of the side or
           front yards of residential lots.



        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.

           This ordinance amendment is effective ten (10) days from the date of this publication.


                                                                                  CITY OF MUSKEGON

Published: _________________, 2014                                    By:         ______________________________
                                                                                  Ann Cummings, MMC, Its Clerk


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