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CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 26, 2013 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: INTRODUCTIONS/PRESENTATION: CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Approval of Building Contract for 553 Octavius. COMMUNITY & NEIGHBORHOOD SERVICES C. Transportation Resolution. CITY MANAGER PUBLIC HEARINGS: COMMUNICATIONS: CITY MANAGER’S REPORT: UNFINISHED BUSINESS: NEW BUSINESS: A. Request to Amend the Planned Unit Development for the Terrace Point Properties – 650 Terrace Point. PLANNING & ECONOMIC DEVELOPMENT B. 2013-2014 City Commission Goals. CITY MANAGER C. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 1275 Allen Avenue 665 Allen Avenue (Area 11) 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: February 26, 2013 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the February 8th Goal Setting Session, February 11th Commission Worksession Meeting, and the February 12th City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY COMMISSION GOAL SETTING SESSION FEBRUARY 8, 2013 MINUTES 2013-08 Present: Mayor Gawron, Vice Mayor Spataro, Commissioners Hood, German, Markowski, Wierengo (arrived 9:21 a.m.), and Turnquist. Staff Present: Mazade, Al-Shatel, Grant (arrived 10:55 a.m.), Maurer, Brubaker-Clarke (arrived 10:17 a.m.), Bailey, Paul, Smith, Thompson, J. Lewis, Cummings, B. Lewis. Others: Dave Alexander, Muskegon Chronicle, William Snyder, resident. Opening remarks were given by Mayor Gawron. Bob Kuhn facilitated the session. Meeting began at 9:13 a.m. Mr. Kuhn asked the City Commissioners to consider the role of City Government. Is it to initiate or facilitate? Commissioner and staff relationships need trust, integrity, honesty, and communication. Department heads have approximately 14 hours between Commission meetings to develop/dream/create. Plan accordingly and tell them where to focus their efforts. A consensus of the Commission is a must, not a majority. With a consensus, everybody wins. A proposal can be modified until everyone can agree. A majority vote produces winners and losers. It is not the type of mentality that will get a lot done. Silence is perceived as going along with the majority. No such thing as a “bad” goal. If there are no new sources of revenue, decide which services are discontinued to begin new projects. Always ask yourself: We can’t do everything. Should we continue to do this? Should someone else be doing it? The Mission, Vision and Value Statements were reviewed. Some Commissioners were interested in revisiting the Mission statement and making some modifications. The City Manager suggested that two Commissioners and a staff member. It should be driven by Commissioners. Bryon Mazade reviewed the summary of department functions/tasks. Tim Paul gave an overview of the 2012/2013 budget and city finances. Revenues are anticipated to be approximately $23 million dollars each year over the next five years. There are five looming financial issues to cope with: 1. BC Cobb plant closure and loss of revenue from recent tax appeal settlements. 2. Growing Smartzone debt requirements. 3. Pension costs will likely escalate. 4. Healthcare costs. 5. DDA debt requirements. The 2012 City Commission Goals were reviewed: 1. Redevelopment of Sappi site – ongoing. 2. Neighborhood Revitalization – we’ve made changes the last 1.5 years with demolitions and new housing. 3. Downtown Zoning Changes. 4. Cooperative Service Agreements – Water Filtration Agreement signed in 2012. 5. Improve city employment diversity. – Placed Civil Service question on ballot (failed). 6. Greater Support for LC Walker Arena – Catalyst for other activities downtown. We need to give the LC more support. 7. Pere Marquette Park physical enhancements. 8. Pursue Casino Development downtown. Proposed goals by City Commissioners for 2013 (Note: No. 1 had five votes, No. 2, 3, & 4 had four votes) 1. Law Enforcement – focus on existing programs and communication efforts to the community. 2. Pere Marquette Park – research grants, development, health, picnic shelters. 3. Working relationship with other communities – celebrate their successes. 4. Transitional Planning – City Manager. 5. High level of code enforcement, environmental, rentals, avenues of enhancement. 6. City employment diversity – recruitment, job fairs, cadet programs. 7. Youth jobs program, community collaboration (wear Red day). 8. Sappi development – zoning and demolition. 9. Youth friendly businesses and activities. Meeting adjourned at 3:00 p.m. ______________________________ Ann Marie Cummings, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION WORKSESSION February 11, 2013 5:30 p.m. City Commission Chambers MINUTES 2013-09 Present: Commissioners Gawron, Spataro, Hood, German, Wierengo, Turnquist, and Markowski (arrived 5:35 p.m.). Absent: None Farmer’s Market Presentation. A presentation of a proposal to move the Farmer’s Market to the downtown area was given by Cindy Larson and Steve Olson of Downtown Muskegon Development. The Commission reviewed the proposed site plan. The proposal includes a community kitchen, more than 125 stalls (larger than stalls at the current location), over 500 parking spots including street parking, and a year round market. Cost is projected to be $3 million dollars and will be raised by the DMDC organization. Several members of the public participated stating their approval or opposition to the proposal. Many questions and suggestions were given. Members of the DMDC stated it is a very preliminary design and they are looking for input. They will incorporate many of the suggestions given as well as visiting neighborhoods and developing a committee consisting of farmers, neighborhoods, those working in the downtown, Commissioners, and staff members of the City to create a plan that might satisfy most. Commissioners indicated they needed to see a plan that the majority of their constituents want, whether it is to move the market or keep it in its current location. Second Quarter 2012-13 Budget Reforecast. At this time staff is transmitting the Second Quarter 2012-13 Budget Reforecast which outlines proposed changes to the original budget that have come about as a result of changes in revenue projections, policy priorities, labor contracts, updated economic conditions, or other factors. No major changes to the budget are proposed for the second quarter. This item has been placed on the February 12, 2013 City Commission Meeting for consideration. Proposal for Codification of City Ordinances. The City’s Code of Ordinances was last codified in 2002. Many ordinances have been added, deleted, and/or changed since that time. The City has received a proposal from Municipal Code Corporation to codify the code of ordinances for an estimated $18,000 - $22,000 to be paid over two fiscal years. This item has been placed on the February 12, 2013 City Commission Meeting for consideration. Encroachment Agreement – Placement of Public Benches. Our agreement with Perma Advertising, owner of the benches placed throughout the community for public use has expired. An agreement to renew the contract for ten years was presented to the Commission. This item has been placed on the February 12, 2013 City Commission Meeting for consideration. Any Other Business. Vice Mayor Spataro requested that a plan be put into place to pave the dirt streets in the east side of the City. Adjournment. Motion by Commissioner Wierengo, second by Commissioner Hood to adjourn at 7:31 p.m. MOTION PASSES ____________________________ Ann Marie Cummings, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 12, 2013 CITY COMMISSION CHAMBERS @ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, February 12, 2013. Mayor Gawron opened the meeting with a prayer from Mr. George Monroe after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro, Commissioners Eric Hood, Willie German, Sue Wierengo, Byron Turnquist, and Lea Markowski, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Cummings. 2013-10 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes of the January 22nd City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Gaming License Request from the West Michigan Symphony. CITY CLERK SUMMARY OF REQUEST: The West Michigan Symphony, 425 W. Western Avenue, 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. C. Second Quarter 2012-13 Budget Reforecast. FINANCE SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter 1 2012-13 Budget Reforecast which outlines proposed changes to the original budget that have come about as result of changes in revenue projections, policy priorities, labor contracts, updated economic conditions, or other factors. FINANCIAL IMPACT: No major changes to the budget were made for the second quarter. Some marginal adjustments were made resulting in the following: • The projected year-end FY13 fund balance for the General Fund is $4,813,782 up slightly from $4,805,919 estimated at the first quarter reforecast. The FY13 operating deficit (expenditures over revenues) is expected to be $206,263 down from the first quarter reforecast ($214,126) and down from the original budget estimate ($575,738). • General Fund revenues are reforecast to be $221,326 (-0.9%) lower than originally budgeted. Most of this decrease is due to the tax appeal settlement with Consumers Energy that was incorporated into the 1Q reforecast. º Total revenues for the first six months of the fiscal year are ahead of last year by about $250,000. º Income tax revenues are also ahead of last year’s pace by about 2%. If this trend continues, the revenue estimate for income tax will be increased from $7.2 million in the 3Q reforecast. Last year the final income tax figure was just over $7.4 million. • General Fund expenditures are estimated to be $590,801 or 2.5% lower than originally budgeted mostly due to lower employee benefit costs. º Total expenditures through the first six months are $637,000 lower than last year at the same time. • Other City funds are mostly in-line with budget projections. The Water fund is being monitored closely to determine if a rate increase will be needed. BUDGET ACTION REQUIRED: City Commission approval of this reforecast will formally amend the City’s 2012-13 budget. STAFF RECOMMENDATION: Approval. D. Establish Terrace Plaza Ct. as Street Name. ENGINEERING SUMMARY OF REQUEST: The section of public road between Terrace Plaza building and the bank be assigned the name of Terrace Plaza Court (Ct.). This section of road was a part of the old Terrace Street before it was realigned to connect to Shoreline Dr. construction. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Assign the name of Terrace Plaza Ct. and authorize 2 staff to install street name signs. F. Approval of Sale of City-Owned Vacant Lot at 1189 Terrace. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the resolution and direct the Mayor and Clerk to sign Quit Claim Deed to Mr. Ty Ross, of 1197 Terrace, for the vacant lot at 1189 Terrace Street. Mr. Ross will purchase it for $1,000. FINANCIAL IMPACT: The proceeds from the sale will be used to cover NSP1 projects. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and direct Community & Neighborhood Services staff to file the Quit Claim Deed. G. New Police Cruisers. PUBLIC WORKS SUMMARY OF REQUEST: Authorize staff to purchase three new Chevy Caprice patrol vehicles, total purchase price of $83,904 from Shaheen Chevrolet, the Mi Deal (state contract) awarded dealership. FINANCIAL IMPACT: $83,904. BUDGET ACTION REQUIRED: None, amount is what was budgeted. STAFF RECOMMENDATION: Authorize staff to purchase new Police cruisers from Shaheen Chevrolet. H. Transportation Improvements Program Submittal for 2014-2017 Projects. ENGINEERING SUMMARY OF REQUEST: Authorize staff to submit the list of projects to the West Michigan Shoreline Regional Development Commission for inclusion in the FY 2014 – 2017 Transportation Improvement Program (TIP). Projects submitted will be considered for Federal and State transportation funding. Adoption of the resolution is required as part of the submittal to commit the local match should funds become available. FINANCIAL IMPACT: None at this time; however, a local match will be required should we receive a grant for a particular project. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the project submittal and resolution. I. Contract Extension Agreement: One Year Street Sweeping Contract for 2013. PUBLIC WORKS SUMMARY OF REQUEST: To exercise the option for a one-year contractual extension, as outlined in the previous three-year contract with TRI-US SERVICES, INC., to provide street sweeping services for 2013. 3 FINANCIAL IMPACT: $139,700.50 cost for one-year contract extension. Funds to cover all expenses are budgeted. Trunkline expenses are reimbursed by State funding. BUDGET ACTION REQUIRED: None, monies appropriated in Highway and State trunkline budgets. STAFF RECOMMENDATION: Approve request to contract out service for one- year extension as specified in previous contract. J. Proposal for Codification of City Ordinances. CITY CLERK SUMMARY OF REQUEST: The City’s Code of Ordinances was last codified in 2002. Many ordinances have been added, deleted, and/or changed since that time. As ordinances are modified, other ordinances that may refer to these items are not normally modified unless it is known. The City has used the services of Municipal Code Corporation, out of Tallahassee, FL for codification service for many years. They are a well known company used by many municipalities in Michigan. They have submitted a proposal for a legal review by a staff attorney and consultation to modify the code. They will review existing ordinances as well as State laws and give recommendations of proposed changes. When the project is complete, it will be given to City Commission for consideration of adoption. The project is estimated to cost $18,000 - $22,000 and can be paid over two fiscal years. We did receive another proposal from a company out of New York. Though they estimate their cost to be $10,648, the proposal does not offer a legal review, a necessity. FINANCIAL IMPACT: $10,000 has been budgeted in this fiscal year for this project. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To authorize the Clerk to sign the agreement for codification services of our City ordinances with Municipal Code. K. Encroachment Agreement – Placement of Public Benches. CITY CLERK SUMMARY OF REQUEST: Our agreement with Perma Advertising, owner of the benches placed throughout the community for public use has expired. The proposed agreement to renew the contract is for ten years. Changes to the proposed agreement include five benches for exclusive use of the City to advertise (the previous agreement authorized three), allowance of 40 benches at locations approved by staff (current agreement allowed 35 benches), and Perma advertising also authorizes use of two additional benches at the end of Wilcox Avenue for use of the public. The proposed agreement 4 also gives the ability for the City Manager to approve additional benches within the agreement period. FINANCIAL IMPACT: The City will collect a $5 per month, per bench, encroachment fee. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the agreement as presented. Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve the Consent Agenda with the exception of item E. ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron, and Hood Nays: None MOTION PASSES 2013-11 ITEM REMOVED FROM THE CONSENT AGENDA: E. Approval of Building Procurement Contractor for Community & Neighborhood Services. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: Award the Procurement Building Contract to Schmidt Roofing and Construction for the 2013 year to be used by the Community & Neighborhood Services for HOME rental projects. The CNS office solicited bids through public notices for a variety of trades. FINANCIAL IMPACT: The funding for all projects would be used from the income received from our Rental/Lease Program. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the selected Building Contractor through the Procurement Process. Motion by Commissioner Turnquist, second by Commissioner Wierengo to approve the selected building procurement contractor for Community & Neighborhood Services. ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and Spataro Nays: None MOTION PASSES 1013-12 NEW BUSINESS: A. 2013-2014 Labor Agreement with Police Command Union. CITY MANAGER SUMMARY OF REQUEST: To approve the tentative bargaining agreements 5 between the City of Muskegon and the Police Command Union (Command Officers Association of Michigan) for years 2013 and 2014. FINANCIAL IMPACT: Previously provided. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the tentative agreements and the resolution to change the pension benefits. Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the 2013-14 Labor Agreement with the Police Command Union as described. PUBLIC PARTICIPATION: Public comments received. CLOSED SESSION: To Discuss Pending Litigation. Motion by Commissioner Turnquist, second by Commissioner Wierengo to go into Closed Session to discuss pending litigation. ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and Wierengo Nays: None MOTION PASSES Motion by Vice Mayor Spataro, second by Commissioner German to come out of Closed Session. ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and Turnquist Nays: None MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 6:13 p.m. Respectfully submitted, Ann Marie Cummings, MMC City Clerk 6 Commission Meeting Date: February 26, 2013 Date: February 20, 2012 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Approval of Building Contract for 553 Octavius ____________________________________________________________________________________________ SUMMARY OF REQUEST: To award the Abatement and Building Contract for the rehabilitation of 553 Octavius to Build-Right Construction for the City of Muskegon’s Homebuyers Program through CNS. CNS received 6 bids as listed on the attached spreadsheet and the cost estimate from our spec writer was $ 121,150.00 FINANCIAL IMPACT: The funding for this project has been secured through the HOME program 2012 grant allocation. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To award Build-Right Construction the contract for 553 Octavius for the Community and Neighborhood Services office. COMMITTEE RECOMMENDATION: None required. Community and Neighborhood Services MEMO City of Muskegon 933 Terrace Second Floor Muskegon, MI 49442 Ph: 231-724-6717 Fax: 231-726-2501 Date: February 13, 2013 To: Bidders regarding 553 Octavius – Total Rehab From: Oneata Bailey, Director Community and Neighborhood Services City of Muskegon Re: Bid Results (Revised) Community and Neighborhood Services received the following bid proposals: CONTRACTOR LEAD GENERAL ROOM-BY ABATEMENT REHAB SPECS ROOM SPECS Midwest Builders $15,800 ---- ---- J D Fisher Builders $5,000 $68,100 $41,500 Build-Right Construction ** $8,225 $76,483 $33,575 Bradfield Home Repair And Maintenance** ---- $81,888 $34,519 Gray Space Construction $23,710 $76,550 $54,350 TK Construction** $8,700 $77,795 $90,050 ** Included alternative/additional bids not included in above totals The City of Muskegon reserves the right to accept or reject any and all bids. The City of Muskegon is also not restricted to accept the lowest bid. We appreciate everyone’s interest in being a part of the City of Muskegon’s neighborhood revitalization efforts. The selected bidder will be contacted in the next few days. OB/lh AGENDA ITEM NO. ________________ CITY COMMISSION MEETING February 26, 2013 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: February 20, 2013 RE: Transportation Resolution SUMMARY OF REQUEST: To approve the attached Transportation Resolution, a Michigan Municipal League initiative, expressing the immediate need to fund the repair of Michigan’s roads and transportation systems to help make Michigan communities vibrant in the 21st century. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution. COMMITTEE RECOMMENDATION: None. pb\AGENDA\AGENDA – TRANSPORTATION RESOLUTION 022013 TRANSPORTATION RESOLUTION RESOUTION EXPRESSING THE IMMEDIATE NEED TO FUND THE REPAIR OF MICHIGAN’S ROADS AND TRANSPORTATION SYSTEMS TO HELP MAKE MICHIGAN COMMUNITIES VIBRANT IN THE 21ST CENTURY At a regular meeting of the [name of entity] held in the [location], on the [day] of [month], PRESENT: ABSENT: The following resolution was offered by [name]and seconded by [name]: WHEREAS, let it be known that Michigan is losing $3 million per day and more than $1 billion per year due to maintenance costs and increased wear and tear on our roads and bridges; and WHEREAS, Michigan’s roads are consistently ranked among the nation’s worst; and WHEREAS, one-third of all fatal and serious traffic crashes in Michigan can be linked, in part, to poor road conditions; and WHEREAS, developing effective public transit options in Michigan is a necessary tool for attracting and retaining residents, workers, and businesses; and WHEREAS, research shows that people across the nation are choosing communities that offer various modes of transportation, easy access to the places they live, work and play, and allow them to travel without having to rely on a car; and WHEREAS, in particular, systems like streetcars and light rail have been credited with sparking new commercial and residential development; and WHEREAS, Michigan’s gas tax—the user fee that is the primary source of transportation funding—has not increased since 1997. At the same time, the gas tax revenue collected today, adjusted for inflation, is equal to that which was collected in 1974; and WHEREAS, we risk a future fiscal crisis if we do not increase our investment in transportation. Currently 32 percent of Michigan’s roads are ranked as being in poor condition. By 2018 this number is expected to jump to more than 65 percent; and WHEREAS, if properly funded the percentage of roadways in poor condition would greatly improve; and WHEREAS, bringing a road from poor to good pavement condition costs six times more than it does to bring a road from fair to good condition; and WHEREAS, investing $10 billion over the next ten years to fix Michigan’s roads and bridges would create 12,000 jobs and prevent 100 crash-related deaths per year. NOW, THEREFORE, BE IT RESOLVED, the [name of entity] hereby urges Governor Snyder and Michigan legislators to make the necessary investments to Michigan’s transportation network to save taxpayer dollars, save lives and improve our economy. DATED: [ ], 2013 BY: ___________________________________ Stephen J. Gawron, Mayor ATTEST: ___________________________________ Ann Marie Cummings, MMC Clerk Commission Meeting Date: February 26, 2013 Date: February 20, 2013 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Request to Amend the Planned Unit Development for the Terrace Point Properties, 650 Terrace Point SUMMARY OF REQUEST: Request to amend the Planned Unit Development (PUD) at the Terrace Point Drive properties, specifically the parcel at 650 Terrace Point Drive, by Terrace Point Landing, LLC. The original PUD was approved in 1989 for a project that included the hotel, marina, restaurant, public access to the waterfront and condos. The condos were the only part of the project that were not completed. This amendment would be to utilize this property for single family homes. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the amendment to the PUD. COMMITTEE RECOMMENDATION: The Planning Commission unanimously approved recommendation of the amendment at their February 14 meeting. Willie Parker absent. 1 CITY OF MUSKEGON RESOLUTION #2013- RESOLUTION FOR AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AT TERRACE POINT. WHEREAS, a planned unit development was approved for the Terrace Point properties, also known as the “Lakey” properties on May 23, 1989 and includes the property at 650 Terrace Point Dr.; and, WHEREAS, an amended plan was approved for a condominium project at 650 Terrace Point Dr. on February 12, 1991; and, WHEREAS, a petition for an amendment to the planned unit development at 650 Terrace Point Dr was received from Jon Rooks, Terrace Point Landing, LLC; and, WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning Commission and by the City Commission to consider said petition, during which all interested persons were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and WHEREAS, the Planning Commission and staff have recommended approval of the amendment to the planned unit development and associated site plan; and NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City Planning Commission be accepted and the amendment to the planned unit development is hereby approved. Adopted this 26th day of February, 2013 Ayes: Nays: Absent: By: Stephen Gawron Mayor Attest: Ann Marie Cummings Clerk, City of Muskegon CERTIFICATE (Amendment to the PUD at 650 Terrace Point Dr.) 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 a resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 26th day of February, 2013, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2013. _______________________________________ Ann Marie Cummings Clerk, City of Muskegon MEETING EXCERPTS Updated Staff Report 1. The ROW was been changed back to 66’. The revised site plan depicts the new 66” ROW. 2. The homes will have a minimum setback of 15’ from the front property lines. However, the sidewalk is proposed 3’ feet from the property line, instead of the usual 1.5’. This will give additional room for cars parked in the driveways so that they don’t hang over the sidewalks. Lots 68 and 49 will technically have two front yards each. The front setback that does not have the driveways will only be setback 9’ from the property line. The other front setback with the driveways will have the normal 15’ setback from the property line. 3. The shoreline of the property will remain natural where possible, with rip rap added to protect from erosion. The northeast edge of the shoreline does have a wooden wall (see pictures) to protect from erosion. The plan calls to repair this wall. 4. A beach will be developed north of the pool. Natural sand will be used to develop the beach. The applicant must work with DEQ and all necessary departments to obtain the proper permits. 5. The ordinary high water mark is 584 feet. Some of the parcels near the water may be located under 584, after the new grading, however, none of the homes will be located under an elevation of 584 feet. The applicant must work with the DEQ and all necessary departments for any permits that may become necessary. 6. A lift station is proposed for the sanitary sewer, which is located by lots 56 & 57. 7. A sidewalk is proposed on one side of the street, which meets the City Code of Ordinances for new subdivisions. 25 deciduous trees are planned for the ROW on the opposite side of the ROW from the sidewalk. 8. Maximum building heights will be 40 feet from the average grade height. The plan shows that the site will be graded higher towards the back lots, so that they will also have views of the lake. 9. The stormwater will be collected in perforated pipes, go through leaching basins and will empty into the lake. The elevations of the property limit the types of on‐site storage available for stormwater. Also, given the history of industrial use on the property, retention ponds may not be the best idea. The applicant will have to work with the DEQ on a stormwater release permit. 10. The plan proposes a rolled curb and gutter. 11. The plan should depict a fence and gate around the pool. Zoning Map Aerial Map AGENDA ITEM NO. ________________ CITY COMMISSION MEETING February 26, 2013 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: February 20, 2013 RE: 2013–2014 City Commission Goals SUMMARY OF REQUEST: To approve the attached list of goals for 2013-2014. This list is the result of the goals setting session held on February 8, 2013. FINANCIAL IMPACT: Unknown at this time. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the attached list of goals. COMMITTEE RECOMMENDATION: The City Commission met on February 8, 2013 and identified the attached list of goals for 2013-2014. pb\AGENDA\2013-2014 CITY COMMISSION GOALS 022013 Proposed 2013-2014 City Commission Goals 1. Focus on Law Enforcement. 2. Transitional Planning (City Manager position). 2. Improvements/Development at Pere Marquette Park. 2. Working Relationships with Other Governments. 5. Code Enforcement. 5. Employment Diversity. 7. Re-Use of Melching Property. 7. Youth/Jobs Program. 9. Help Develop Youth Friendly Businesses. BICE\GOAL SETTING\PROPOSED 2013-2014 CITY COMMISSION GOALS 022013
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