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CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 11, 2014 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: A. West Michigan Trails & Greenways Coalition. INTRODUCTIONS/PRESENTATION: CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Gaming License Request from the Muskegon Irish American Society. CITY CLERK C. Consideration of Bids for Palmer Reconstruction between McGraft and Southern. ENGINEERING D. 2014 Pavement Marking Program. PUBLIC WORKS E. Management Agreement – Fisherman’s Landing. FINANCE F. Fireworks Delegation of Authority Authorization. PUBLIC SAFETY G. River Barges to Muskegon Port – Letter of Support. PLANNING & ECONOMIC DEVELOPMENT H. 2014, 2015 and 2016 Street Sweeping Contract. PUBLIC WORKS I. City – MDOT Agreement for the Reconstruction of Ramp Connecting Apple Avenue (M-46) to Northbound US-31. ENGINEERING J. Watermain Purchase and Installation. PUBLIC WORKS K. Participation Agreement for Nims Neighborhood Playground. PLANNING & ECONOMIC DEVELOPMENT L. PILOT Request (Nelson Place) – Ordinance Amendment, Second Reading. PLANNING & ECONOMIC DEVELOPMENT M. PILOT Request (Nelson Place) – Contract Amendment. PLANNING & ECONOMIC DEVELOPMENT N. Resolution to Place an Emergency Moratorium on the Establishment of Medical Marijuana Facilities. CITY CLERK PUBLIC HEARINGS: A. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK COMMUNICATIONS: CITY MANAGER’S REPORT: UNFINISHED BUSINESS: A. To Forward Case #EN130182 (1780 Jarman) Back to the Housing Board of Appeals for Oversight of the Rehabilitation of the Property. PUBLIC SAFETY NEW BUSINESS: A. Approval of Sale of City-Owned Home at 218 Catherine. COMMUNITY & NEIGHBORHOOD SERVICES B. Approval of Sale of City-Owned Home at 553 Octavius. COMMUNITY & NEIGHBORHOOD SERVICES C. Approval of Sale of City-Owned Home at 1733 Manz. COMMUNITY & NEIGHBORHOOD SERVICES D. Sidewalk Snow Removal Ordinance Amendment – Revised. PLANNING & ECONOMIC DEVELOPMENT 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: March 11, 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 February 7th Goal Setting Meeting, February 10th Commission Worksession Meeting, and the February 11th City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY COMMISSION GOAL SETTING SESSION FEBRUARY 7, 2014 MINUTES 2014-11 Present: Mayor Gawron, Vice Mayor Spataro, Commissioners Hood, German, Rinsema- Sybenga, Johnson, and Turnquist. Staff Present: Peterson, Al-Shatel, Grant, Maurer, Brubaker-Clarke, Bailey, Smith, Thompson, J. Lewis, Cummings, B. Lewis. Opening remarks were given by Mayor Gawron. Frank Peterson facilitated the session. Meeting began at 11:30 a.m. Staff teamed up with Commissioners to consider various questions regarding specific projects or needs of the City. Previous Commission goals were reviewed. The Mission, Vision and Value Statement was reviewed. No changes were recommended. A budget forecast was given by Frank Peterson and Derrick Smith. It was indicated the City will be running in a deficit of $10 million by 2019 unless changes take place. Commissioners were asked to consider goals for the next 12 months and goals for the next 36 months. After much deliberation and discussion, the following goals were created: 12 MONTH GOALS 1. Finance Plan to prepare for 2016/options for revenues 2. Private - Smartzone, DMDC, Sappi, Heritage Square, redevelopment on east end of port, BC Cobb Plant, etc. what efforts have we done to move forward 3. IFT Accountability 4. Old Farmer’s Market – Plan for clean-up, green area, infill housing, develop master plan 5. Neighborhood Blight – look at ordinances and see what will make it more effective, better funding, look at buildings currently on dangerous building list, develop community resources/vacant school buildings 6. Beach warning system 7. Funding for roads – CRC conduct several town hall meetings to build a consensus how to fund, create funding options 8. Youth recreation & employment opportunities – connect people with jobs 9. Improve the City’s image 36 MONTH GOALS 1. Investing in critical infrastructure 2. More market rate apartments 3. Development of Pere Marquette Park 4. Brunswick Redevelopment 5. Balanced Budget 6. Downtown to Lake public access 7. Be a leader in intergovernmental cooperation Meeting adjourned. ______________________________ Ann Marie Cummings, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 11, 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, February 11, 2014. Mayor Gawron opened the meeting with 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 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. 2014-13 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes of the January 28th City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Approval of Building Contract for 2035 Harding. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of 2035 Harding to Midwest Builders for the City of Muskegon’s Homebuyers Program through Community & Neighborhood Services. Community & Neighborhood Services received seven bids. The cost estimate from our spec writer was $25,550. FINANCIAL IMPACT: The funding for this project has been secured through the HOME Program 2013 grant allocation. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To award Midwest Builders the building 1 rehabilitation contract for 2035 Harding, in the amount of $24,310, for the Community & Neighborhood Services office. C. Police Officers Labor Council Contract. CITY MANAGER SUMMARY OF REQUEST: The City and POLC were previously scheduled for Act 312 Arbitration in February 2014 to settle the 2014-16 collective bargaining agreement. The City Commission is requested to approve the negotiated tentative agreement with the POLC Unit. This agreement has been ratified by the bargaining unit. Key points of the agreement are as follows: 1. The agreement is for a period of three years. 2. Employee contributions to the MERS Pension are increased from 6% to 6.5%. 3. Employer contributions to the Defined Contribution Plan are increased from 10% to 10.5%. 4. No hourly wage changes are proposed for any of the three years of the agreement. 5. Many bargaining members will move to a 12-hour work day. 6. All bargaining members will move to an 84-hour average two-week work period. 7. The City will be authorized to utilize part time officers for certain special details/duties. FINANCIAL IMPACT: The net additional cost of the Police Officers Labor Council Contract could be in the range of $46,000 to $55,000. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the tentative agreement and to authorize the Mayor and Clerk to sign the contract. D. Appointments to Various Boards and Committees. CITY CLERK SUMMARY OF REQUEST: To approve the appointment of Emma Torresen to the Community Development Block Grant-Citizen’s District Council, John Riegler and Heidi Sytsema to the Downtown Development Authority, Oneata Bailey to the Housing Commission, and Ellen Davis to the Local Officer’s Compensation Commission. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the appointments. COMMITTEE RECOMMENDATION: The Community Relations Committee recommended the appointments at their February 10th meeting. The City Manager recommends the appointment of Oneata Bailey to the Housing 2 Commission. Motion by Commissioner Turnquist, second by Commissioner German to accept the Consent Agenda as presented. ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga, Turnquist, and Johnson Nays: None MOTION PASSES 2014-14 NEW BUSINESS: A. Second Quarter 2013-2014 Budget Reforecast. FINANCE SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter 2013- 14 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 FY14 fund balance for the General Fund is $4,823,112 up slightly from $4,795,755 estimated at the first quarter reforecast. The FY14 operating deficit (expenditures over revenues) is expected to be $830,446 down from the first quarter reforecast ($856,803) but up from the original budget estimate ($592,495). General Fund revenues are reforecast to be $113,042 (+0.5%) higher than originally budgeted. Most of this increase is due to higher builder permit fees and state shared revenues that were incorporated into the 1Q reforecast. General Fund expenditures are estimated to be $350,993 or 1.5% greater than originally budgeted mostly due to a $300,000 supplemental contribution to MERS in addition to $58,000 in higher projected inspection costs that were both incorporated into the 1Q reforecast previously approved. Other City funds are mostly in-line with budget projections. BUDGET ACTION REQUIRED: City Commission approval of this reforecast will formally amend the City’s 2013-14 budget. STAFF RECOMMENDATION: Approval. Motion by Vice mayor Spataro, second by Commissioner Hood to approve the Second Quarter 2013-2014 Budget Reforecast. 3 ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood Nays: None MOTION PASSES B. Sidewalk Snow Removal Ordinance Amendment. ITEM REMOVED PUBLIC PARTICIPATION: Public comments were received. ADJOURNMENT: The City Commission Meeting adjourned at 5:55 pm. Respectfully submitted, Ann Marie Cummings, MMC City Clerk 4 Date: March 11, 2014 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Gaming License Request from the Muskegon Irish American Society SUMMARY OF REQUEST: The Muskegon Irish American Society 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 Date: March 11, 2014 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: Palmer Reconstruction between McGraft & Southern (H-1695; S-669; W-740) SUMMARY OF REQUEST: Award the reconstruction of Palmer from McGraft to Southern Ave. contract to Jackson Merkey out of Muskegon TWP, MI since they were the lowest responsible bidder with a total bid price of $263,753 (see attached bid tabulation). FINANCIAL IMPACT: The construction cost of $263,753 plus engineering BUDGET ACTION REQUIRED: None at this time since this project is in the 2013/2014 CIP’s. STAFF RECOMMENDATION: Award the contract to Jackson Merkey. COMMITTEE RECOMMENDATION: C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\CONAWA 3-11-14 (2).doc H-1695, S-669, W-740PALMER BLVD., MCGRAFT ST. TO SOUTHERN AVE.BID TABULATIONS CONTRACTOR Jackson‐Merkey Contractors Inc. Kamminga & Roodvoets, Inc. West Michigan Dirtworks McCormick Sand Inc. (4) Brenner Excavating Hallack Contracting ADDRESS ENGINEER'S 3430 Lund Ave. 3435 Broadmoor PO Box 272 5430 Russell Rd. 2841 132nd Ave. 4223 West Polk Rd. CITY/ST/ZIP ESTIMATE Muskegon, MI 49442 Grand Rapids, MI 49512 Fruitport, MI 49415 Twin Lake, MI 49457 Hopkins, MI 49328 Hart, MI 49420 LINE DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Mobilization, Max. 10% LS 1 $15,000.00 $ 15,000.00 $ 10,150.00 $ 10,150.00 $ 28,900.00 $ 28,900.00 $ 31,335.00 $ 31,335.00 $ 24,560.50 $ 24,560.50 $ 18,685.00 $ 18,685.00 $ 30,000.00 $ 30,000.00 2 Dr Structure, Rem, Modified Ea 7 $400.00 $ 2,800.00 $ 260.00 $ 1,820.00 $ 175.00 $ 1,225.00 $ 191.00 $ 1,337.00 $ 500.00 $ 3,500.00 $ 183.00 $ 1,281.00 $ 385.00 $ 2,695.00 3 Sidewalk, Rem Syd 431 $5.00 $ 2,155.00 $ 5.00 $ 2,155.00 $ 4.75 $ 2,047.25 $ 5.17 $ 2,228.27 $ 7.00 $ 3,017.00 $ 3.30 $ 1,422.30 $ 5.00 $ 2,155.00 4 Pavt, Rem, Modified Syd 4868 $5.00 $ 24,340.00 $ 4.00 $ 19,472.00 $ 4.00 $ 19,472.00 $ 5.54 $ 26,968.72 $ 2.00 $ 9,736.00 $ 4.30 $ 20,932.40 $ 5.00 $ 24,340.00 5 Machine Grading, Modified Sta 10 $1,100.00 $ 11,000.00 $ 1,425.00 $ 14,250.00 $ 1,100.00 $ 11,000.00 $ 2,482.00 $ 24,820.00 $ 1,000.00 $ 10,000.00 $ 1,000.00 $ 10,000.00 $ 1,750.00 $ 17,500.00 6 Erosion Control, Inlet Protection, Fabric Drop Ea 4 $100.00 $ 400.00 $ 100.00 $ 400.00 $ 125.00 $ 500.00 $ 75.00 $ 300.00 $ 60.00 $ 240.00 $ 76.50 $ 306.00 $ 85.00 $ 340.00 7 Aggregate Base, 8 inch Syd 3412 $6.00 $ 20,472.00 $ 5.50 $ 18,766.00 $ 7.00 $ 23,884.00 $ 7.27 $ 24,805.24 $ 5.25 $ 17,913.00 $ 6.00 $ 20,472.00 $ 6.00 $ 20,472.00 8 Maintenance Gravel, LM Cyd 400 $20.00 $ 8,000.00 $ 11.00 $ 4,400.00 $ 10.00 $ 4,000.00 $ 23.50 $ 9,400.00 $ 18.00 $ 7,200.00 $ 18.60 $ 7,440.00 $ 1.00 $ 400.00 9 Sewer, Cl E, 12 inch, Tr Det B Ft 449 $36.00 $ 16,164.00 $ 30.00 $ 13,470.00 $ 26.00 $ 11,674.00 $ 20.75 $ 9,316.75 $ 40.00 $ 17,960.00 $ 25.10 $ 11,269.90 $ 32.50 $ 14,592.50 10 Sewer Tap, 15 inch Ea 9 $350.00 $ 3,150.00 $ 140.00 $ 1,260.00 $ 440.00 $ 3,960.00 $ 453.77 $ 4,083.93 $ 550.00 $ 4,950.00 $ 160.50 $ 1,444.50 $ 300.00 $ 2,700.00 11 Sewer Tap, 18 inch Ea 7 $350.00 $ 2,450.00 $ 200.00 $ 1,400.00 $ 520.00 $ 3,640.00 $ 580.57 $ 4,063.99 $ 600.00 $ 4,200.00 $ 242.00 $ 1,694.00 $ 350.00 $ 2,450.00 12 Dr Structure, Tap, 12 inch Ea 1 $350.00 $ 350.00 $ 270.00 $ 270.00 $ 400.00 $ 400.00 $ 300.00 $ 300.00 $ 400.00 $ 400.00 $ 150.00 $ 150.00 $ 350.00 $ 350.00 13 Dr Structure Cover, Modified Lb 3610 $1.25 $ 4,512.50 $ 1.00 $ 3,610.00 $ 1.70 $ 6,137.00 $ 1.86 $ 6,714.60 $ 1.30 $ 4,693.00 $ 1.55 $ 5,595.50 $ 1.25 $ 4,512.50 14 Dr Structure Cover, Adj, Case 1, Modified Ea 2 $400.00 $ 800.00 $ 365.00 $ 730.00 $ 475.00 $ 950.00 $ 1,174.00 $ 2,348.00 $ 350.00 $ 700.00 $ 469.00 $ 938.00 $ 350.00 $ 700.00 15 Catch Basin Special Detail Ea 4 $1,350.00 $ 5,400.00 $ 1,000.00 $ 4,000.00 $ 1,060.00 $ 4,240.00 $ 1,198.54 $ 4,794.16 $ 1,100.00 $ 4,400.00 $ 1,038.00 $ 4,152.00 $ 1,000.00 $ 4,000.00 16 HMA, 3C Ton 375 $70.00 $ 26,250.00 $ 57.00 $ 21,375.00 $ 56.81 $ 21,303.75 $ 56.81 $ 21,303.75 $ 56.81 $ 21,303.75 $ 59.10 $ 22,162.50 $ 56.81 $ 21,303.75 17 HMA, 4C Ton 375 $75.00 $ 28,125.00 $ 64.00 $ 24,000.00 $ 63.43 $ 23,786.25 $ 63.43 $ 23,786.25 $ 63.43 $ 23,786.25 $ 66.00 $ 24,750.00 $ 63.43 $ 23,786.25 18 Driveway, Nonreinf Conc, 6 Inch, Modified Syd 500 $35.00 $ 17,500.00 $ 23.00 $ 11,500.00 $ 33.00 $ 16,500.00 $ 26.00 $ 13,000.00 $ 30.00 $ 15,000.00 $ 26.60 $ 13,300.00 $ 34.56 $ 17,280.00 19 Curb and Gutter, Conc, Det F4, Modified Ft 1900 $12.25 $ 23,275.00 $ 9.00 $ 17,100.00 $ 13.00 $ 24,700.00 $ 13.16 $ 25,004.00 $ 10.00 $ 19,000.00 $ 9.75 $ 18,525.00 $ 10.75 $ 20,425.00 20 Detectable Warning Surface Ft 40 $40.00 $ 1,600.00 $ 30.00 $ 1,200.00 $ 42.00 $ 1,680.00 $ 30.00 $ 1,200.00 $ 30.00 $ 1,200.00 $ 31.20 $ 1,248.00 $ 28.00 $ 1,120.00 21 Sidewalk Ramp, Conc, 4 inch Sft 650 $5.00 $ 3,250.00 $ 3.20 $ 2,080.00 $ 3.20 $ 2,080.00 $ 4.00 $ 2,600.00 $ 4.00 $ 2,600.00 $ 3.65 $ 2,372.50 $ 3.64 $ 2,366.00 22 Sidewalk, Conc, 4 inch Sft 2975 $3.00 $ 8,925.00 $ 3.00 $ 8,925.00 $ 2.50 $ 7,437.50 $ 2.20 $ 6,545.00 $ 3.00 $ 8,925.00 $ 2.40 $ 7,140.00 $ 3.45 $ 10,263.75 23 Sidewalk, Conc, 6 inch Sft 600 $4.00 $ 2,400.00 $ 3.60 $ 2,160.00 $ 3.60 $ 2,160.00 $ 2.70 $ 1,620.00 $ 3.50 $ 2,100.00 $ 3.00 $ 1,800.00 $ 4.38 $ 2,628.00 24 Barricade, Type III, High Intensity, Lighted, Furn Ea 7 $46.00 $ 322.00 $ 70.00 $ 490.00 $ 54.00 $ 378.00 $ 65.10 $ 455.70 $ 55.00 $ 385.00 $ 67.80 $ 474.60 $ 55.00 $ 385.00 25 Plastic Drum, High Intensity, Furn Ea 27 $20.00 $ 540.00 $ 8.00 $ 216.00 $ 24.00 $ 648.00 $ 14.10 $ 380.70 $ 12.00 $ 324.00 $ 14.70 $ 396.90 $ 13.50 $ 364.50 26 Sign, Type B, Temp, Prismatic, Furn Sft 235 $5.50 $ 1,292.50 $ 3.00 $ 705.00 $ 4.00 $ 940.00 $ 3.25 $ 763.75 $ 3.00 $ 705.00 $ 3.40 $ 799.00 $ 3.00 $ 705.00 27 Topsoil Surface, Furn, 4 inch Syd 1450 $3.50 $ 5,075.00 $ 4.00 $ 5,800.00 $ 2.00 $ 2,900.00 $ 5.23 $ 7,583.50 $ 4.25 $ 6,162.50 $ 1.70 $ 2,465.00 $ 2.75 $ 3,987.50 28 Hydroseeding Syd 1450 $1.00 $ 1,450.00 $ 1.00 $ 1,450.00 $ 0.65 $ 942.50 $ 0.75 $ 1,087.50 $ 1.00 $ 1,450.00 $ 1.00 $ 1,450.00 $ 1.50 $ 2,175.00 29 Water Service, 1 inch, Copper Type K Ft 1210 $20.00 $ 24,200.00 $ 9.00 $ 10,890.00 $ 9.00 $ 10,890.00 $ 15.52 $ 18,779.20 $ 11.00 $ 13,310.00 $ 18.90 $ 22,869.00 $ 19.50 $ 23,595.00 30 Watermain, DI, 6 inch, Tr Det G, Modified Ft 30 $45.00 $ 1,350.00 $ 42.00 $ 1,260.00 $ 52.00 $ 1,560.00 $ 93.92 $ 2,817.60 $ 60.00 $ 1,800.00 $ 64.10 $ 1,923.00 $ 37.50 $ 1,125.00 31 Water Valve Box and Cover, Complete Ea 2 $350.00 $ 700.00 $ 370.00 $ 740.00 $ 520.00 $ 1,040.00 $ 210.00 $ 420.00 $ 450.00 $ 900.00 $ 413.50 $ 827.00 $ 285.00 $ 570.00 32 Corporation Stop, 1 inch Ea 34 $350.00 $ 11,900.00 $ 300.00 $ 10,200.00 $ 294.00 $ 9,996.00 $ 189.27 $ 6,435.18 $ 380.00 $ 12,920.00 $ 175.00 $ 5,950.00 $ 157.50 $ 5,355.00 33 Curb Stop and Box, 1 inch Ea 31 $350.00 $ 10,850.00 $ 210.00 $ 6,510.00 $ 202.00 $ 6,262.00 $ 163.30 $ 5,062.30 $ 300.00 $ 9,300.00 $ 271.50 $ 8,416.50 $ 252.50 $ 7,827.50 34 Meter Pit Complete Ea 3 $650.00 $ 1,950.00 $ 530.00 $ 1,590.00 $ 519.00 $ 1,557.00 $ 860.00 $ 2,580.00 $ 700.00 $ 2,100.00 $ 802.50 $ 2,407.50 $ 500.00 $ 1,500.00 35 Tapping Sleeve and Valve, 24 inch X 6 inch, With Box Ea 1 $3,000.00 $ 3,000.00 $ 3,815.00 $ 3,815.00 $ 5,200.00 $ 5,200.00 $ 3,741.50 $ 3,741.50 $ 2,500.00 $ 2,500.00 $ 3,500.00 $ 3,500.00 $ 3,950.00 $ 3,950.00 36 Valve, 6 inch, Gate, With Box Ea 1 $800.00 $ 800.00 $ 1,030.00 $ 1,030.00 $ 850.00 $ 850.00 $ 733.09 $ 733.09 $ 1,000.00 $ 1,000.00 $ 976.50 $ 976.50 $ 950.00 $ 950.00 37 Hydrant, 6 inch, Standard Ea 2 $3,000.00 $ 6,000.00 $ 2,465.00 $ 4,930.00 $ 2,600.00 $ 5,200.00 $ 2,320.00 $ 4,640.00 $ 2,400.00 $ 4,800.00 $ 2,675.00 $ 5,350.00 $ 2,750.00 $ 5,500.00 38 Sleeve, 6 inch, Long, DI MJ Ea 1 $350.00 $ 350.00 $ 415.00 $ 415.00 $ 990.00 $ 990.00 $ 413.50 $ 413.50 $ 1,000.00 $ 1,000.00 $ 397.50 $ 397.50 $ 250.00 $ 250.00 39 Sanitary Sewer, PVC SDR 35, 6 inch, Tr Det B Ft 99 $40.00 $ 3,960.00 $ 66.00 $ 6,534.00 $ 44.00 $ 4,356.00 $ 11.50 $ 1,138.50 $ 72.00 $ 7,128.00 $ 107.50 $ 10,642.50 $ 35.00 $ 3,465.00 40 Sanitary Sewer, PVC SDR 35, 18 inch, Tr Det B Ft 36 $50.00 $ 1,800.00 $ 160.00 $ 5,760.00 $ 105.00 $ 3,780.00 $ 39.15 $ 1,409.40 $ 100.00 $ 3,600.00 $ 122.50 $ 4,410.00 $ 50.00 $ 1,800.00 41 Sanitary Sewer, PVC SDR 35, 15 inch, Tr Det B Ft 50 $50.00 $ 2,500.00 $ 160.00 $ 8,000.00 $ 80.00 $ 4,000.00 $ 28.25 $ 1,412.50 $ 88.00 $ 4,400.00 $ 112.00 $ 5,600.00 $ 40.00 $ 2,000.00 42 Manhole Special Detail, Storm Ea 2 $1,500.00 $ 3,000.00 $ 1,000.00 $ 2,000.00 $ 1,355.00 $ 2,710.00 $ 734.74 $ 1,469.48 $ 1,900.00 $ 3,800.00 $ 1,244.00 $ 2,488.00 $ 1,250.00 $ 2,500.00 43 Sanitary Sewer, PVC SDR 35, WYE, 18 inch X 6 inch, Tr Det B Ea 1 $350.00 $ 350.00 $ 725.00 $ 725.00 $ 740.00 $ 740.00 $ 655.00 $ 655.00 $ 925.00 $ 925.00 $ 665.50 $ 665.50 $ 750.00 $ 750.00 44 Manhole Special Detail, Sanitary Ea 2 $1,500.00 $ 3,000.00 $ 2,100.00 $ 4,200.00 $ 1,840.00 $ 3,680.00 $ 1,558.67 $ 3,117.34 $ 2,400.00 $ 4,800.00 $ 2,410.00 $ 4,820.00 $ 5,000.00 $ 10,000.00 45 Sand Refill Cyd 400 $10.00 $ 4,000.00 $ 5.00 $ 2,000.00 $ 5.00 $ 2,000.00 $ 8.25 $ 3,300.00 $ 9.00 $ 3,600.00 $ 11.50 $ 4,600.00 $ 6.50 $ 2,600.00 TOTAL $ 316,708.00 $ 263,753.00 $ 292,296.25 $ 316,270.40 $ 294,294.00 $ 288,509.10 $ 307,734.25 Apparent Low Bidder AGENDA ITEM NO._____________ CITY COMMISSION MEETING ___________________ TO: Honorable Mayor and City Commission FROM: Department of Public Works DATE: March 11, 2014 SUBJECT: 2014 Pavement Marking Program SUMMARY OF REQUEST: Staff is requesting permission to enter into 1-year contractual agreement with Michigan Pavement Marking (MPM) of Wyoming, Michigan for centerline painting. This contract bid was awarded by the Muskegon County Road Commission (MCRC) and for local agencies in the Muskegon County Pavement Marking Group to enter into with MPM with each member billed separately by MPM for painting services requested. FINANCIAL IMPACT: Estimated costs for 2014 are $16,000. Approximately $14,794 in 2009, $14,300 in 2010 was spent for centerline painting. Also $20,334 in 2011 was spent for centerline painting/specialty markings with $16,008 in 2012 and $16,999 in 2013 spent for centerline painting, through previous bids/contracts with MCRC and MPM. BUDGET ACTION REQUIRED: None, contractual work has been budgeted for in the Highway Majors budget. STAFF RECOMMENDATION: Approve request to enter into a 1-year contract with Michigan Pavement Markings. COMMITTEE RECOMMENDATION: Date: March 4th, 2014 To: Honorable Mayor and City Commissioners From: Director of Public Safety Jeffrey Lewis RE: Fireworks Delegation of Authority Authorization SUMMARY OF REQUEST: The Director of Public Safety requests that the City Commission review and authorize the “Fireworks Delegation of Authority Authorization Pursuant to PA 256”. The Bureau of Fire Services is seeking for departments that are interested in applying for inspection delegation for consumer fireworks sales facilities (CFRS) under Section 19 of 2011 PA 256. The delegation is for one (1) year. The fire department would be responsible to conduct inspections of the permanent & temporary CFRS location within its jurisdiction (City of Muskegon). Entities (MUFD) that elect to have delegation will receive 80 % of the application fee paid for the consumer fireworks certificate ($700.00 for permanent & $420.00 for temporary). Currently MUFD has two (2) trained “certified fire inspectors” that are qualified to perform this job task. Application will be made upon the acceptance by City Commission. FINANCIAL IMPACT: Positive financial impact as fees are paid to conduct inspections BUDGET ACTION REQUIRED: N/A STAFF RECOMMENDATION: Staff recommends reapproving & performing delegation inspections. CITY OF MUSKEGON RESOLUTION WHEREAS, the City of Muskegon finds it necessary to conduct Fireworks delegation of Authority Authorization Pursuant to PA 256; and WHEREAS, the City of Muskegon will conduct fireworks inspections within its jurisdiction and/or perform said inspection(s) upon request(s) per mutual aid; and WHEREAS, the inspections will generate fees to the City of Muskegon ($700.00 permanent structure - $420.00 temporary) NOW THEREFORE BE IT RESOLVED that the City Commission authorizes the Muskegon Fire Department certified inspectors to perform Fireworks Delegation Inspections as stated. Signed this 11th day of March 2014. ________________________________ Stephen J. Garwon Mayor Commission Meeting Date: March 11, 2014 Date: March 4, 2014 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: River Barges to Muskegon Port- Letter of Support SUMMARY OF REQUEST: Legislation has been introduced to allow river barge traffic to enter the Muskegon Port. Currently, similar river barge traffic has access to the Wisconsin ports, but not West Michigan ports. If river barge traffic is allowed to enter the Muskegon ports, a drastic increase in export and import will be available to the Muskegon area (including the shipment of goods such as aggregate and alternative energy products into Muskegon and the shipment of agricultural goods out of Muskegon). FINANCIAL IMPACT: The future potential for the Muskegon area to benefit from both import and export of goods through river barge traffic could be significant. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached letter of support for “Coast Guard Proposed Rulemaking USCG-2013-0954” directed to the Director of Governmental and Public Affairs, US Coast Guard Headquarters and to authorize the Mayor’s signature. Agenda Item No. Date: March 11, 2014 To: Honorable Mayor and City Commission From: DPW RE: 2014, 2015 and 2016 Street Sweeping Contract ________________________________________________________ SUMMARY OF REQUEST: To award three-year contract to provide four (4) annual street sweepings to Tri-Us Services, Inc., 78 N. Ball Creek Rd., Kent City, MI 49330. FINANCIAL IMPACT: Cost will be $202,135.50 each year; $606,406.50 over the course of the contract. Excludes special requests charged at $125/hour. BUDGET ACTION REQUIRED: None; monies appropriated in Highway and State Trunkline budgets. STAFF RECOMMENDATION: Approval of this request. Date: March 11, 2014 To: Honorable Mayor and City Commissioners From: DPW Subject: 2014, 2015, 2016 Street Sweeping Contract Two bid proposals to provide street sweeping services for years 2014, 2015 and 2016 were received as the result of solicitation in The Chronicle: Tri-Us Services, Inc., 78 N. Ball Creek Road, Kent City, Michigan and Sanisweep, Inc., 0-3450 Riverhill Drive NW, Grand Rapids, MI 49534. Four annual sweeps are required of 358.62 miles of non-trunkline curbed and uncurbed paved streets and paved shoulders and 19.80 miles of trunkline (city portions of Apple Avenue and Seaway and Shoreline Drive) curbed and uncurbed paved streets and paved shoulders. Vendor must also perform special sweeping requests as solicited. Tri-Us Services, Inc. bid $202,135.50 X 3 years = $606,406.50 Annual breakdown 358.62 non-trunkline curb miles 4 sweeps per year $188,275.50 19.80 trunkline curb miles 4 sweeps per year $ 13,860.00 $125.00 per hour, special requests Sanisweep, Inc. bid $330,009.60 X 3 years = $990,028.80 Annual breakdown 358.62 non-trunkline curb miles 4 sweeps per year $315,585.60 19.80 trunkline curb miles 4 sweeps per year $ 17,424.00 $130.00 per hour, special requests Funds to cover all expenses are budgeted. Trunkline expenses are reimbursed by the state. It is our recommendation that the contract be awarded to Tri-Us Services, Inc. In addition to being the low bidder, Tri-Us has provided satisfactory service the past seventeen (17) years. (L/DPW/Bids/2014…) Date: March 11, 2014 To: Honorable Mayor and City Commissioners From: Engineering RE: City – MDOT Agreement for the reconstruction of: Ramp connecting Apple Ave. (M-46) to northbound US-31. SUMMARY OF REQUEST: Approve the attached contract with MDOT for the reconstruction of the on-ramp from Apple to northbound US-31 and approve the attached resolution authorizing the Mayor and City Clerk to sign the contract. FINANCIAL IMPACT: The City’s participation is limited to 8.75% of the state’s share as required by ACT 51 which is estimated at $15,650. BUDGET ACTION REQUIRED: none at this time 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 RECONSTRUCTION OF THE RAMP CONNECTING M-46 (APPLE AVE,) TO NORTHBOUND US-31 TOGETHER WITH OTHER NECESSARY RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J. GAWRON AND CITY CLERK, ANN 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. 14-5014 between the Michigan Department of Transportation and the City of Muskegon for the reconstruction of the ramp connecting M-46 (Apple Ave.) to northbound US-31 within the City is in the best interests of the City of Muskegon. RESOLVED, that entry by the City into Contract Agreement Number 14-5014 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____________, 2014. BY Stephen J. Gawron, Mayor ATTEST Ann Cummings, City Clerk CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on ____________, 2014. 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 Date: 03/11/14 To: Honorable Mayor and City Commission From: Department of Public Works RE: Watermain Purchase and Installation SUMMARY OF REQUEST: Authorize staff to purchase 8 inch watermain pipe and appurtenances from Michigan Pipe & Valve to install a new 8 inch watermain to the Harris development at 1601 Beach Street. The Developer will pay for all materials and the City of Muskegon Water Department will install the watermain using our in-house workforce and equipment. FINANCIAL IMPACT: The estimated cost of materials $ 27,428 (Developer will reimburse). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve watermain material purchase from Michigan Pipe & Valve for the estimated amount of $27,428. CAPT. JACKS WATERMAIN PROJECT BID TABULATIONS CONTRACTOR East Jordan Iron Works Etna Supply FEI MUSKEGON #942 MICHIGAN PIPE ADDRESS 5075 CLYDE PARK SW 529 32ND St. SE PO Box 536 1931 SNOW ROAD CITY/ST/ZIP WYOMING, MI. 49509 Grand Rapids, MI 49548 Muskegon, Mi. 49443‐0536 Lansing, Mi. 48917 LINE DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 WATERMAIN, DI, 8", TR DET G FT 768 $22.49 $17,272.32 $22.70 $17,433.60 $24.99 $19,192.32 $22.45 $17,241.60 2 WATERMAIN, DI, 6", TR DET G EA 20 $16.27 $325.40 $16.60 $332.00 $18.08 $361.60 $16.25 $325.00 3 8" X 6" MJ TEE DI EA 3 $202.50 $607.50 $179.00 $537.00 $225.00 $675.00 $125.00 $375.00 4 EJ 6RW12 MJ VLV OR EA 2 $449.84 $899.68 $450.00 $900.00 $499.82 $999.64 $455.77 $911.54 5 EJ 8RW12 MJ VLV OR EA 2 $724.30 $1,448.60 $735.00 $1,470.00 $804.78 $1,609.56 $733.84 $1,467.68 6 8" X 12" SOLID SLEEVE MJ EA 1 $127.98 $127.98 $113.00 $113.00 $142.20 $142.20 $105.00 $105.00 7 EJ HYD. 5BR250 6'6" MJ‐2AD EA 2 $0.00 $0.00 $0.00 $0.00 8 8" MJ SSB PLUG EA 2 $95.58 $191.16 $84.00 $168.00 $106.20 $212.40 $55.00 $110.00 9 8" X 45 MJ SSB BEND CL W/O EA 2 $131.22 $262.44 $116.00 $232.00 $145.80 $291.60 $85.00 $170.00 10 8" X 11‐1/4 MJ SSB BEND CL W/ EA 1 $117.45 $117.45 $104.00 $104.00 $130.50 $130.50 $75.00 $75.00 11 8" MJ SSB CAP W/O EA 1 $70.47 $70.47 $62.00 $62.00 $78.30 $78.30 $50.00 $50.00 12 VLV BOX ASSEMBLY EA 4 $164.87 $659.48 $160.00 $640.00 $183.19 $732.76 $175.39 $701.56 13 TEE, 8" X 8", DI MJ EA 2 $241.38 $482.76 $213.00 $426.00 $268.00 $536.00 $150.00 $300.00 14 FIELD LOK GSK, 8" EA 6 $97.00 $582.00 $115.00 $690.00 $0.00 $80.00 $480.00 15 8" MEGALUGS W/ GASKET KITS EA 24 $42.00 $1,008.00 $41.00 $984.00 $0.00 $45.00 $1,080.00 16 6" MEGALUGS W/ GASKET KITS EA 9 $32.00 $288.00 $30.00 $270.00 $0.00 $32.00 $288.00 $24,343.24 $24,361.60 $24,961.88 $23,680.38 Fire Hydrants are sole source EA 2 $1,874.00 $3,748.00 $1,874.00 $3,748.00 $1,874.00 $3,748.00 $1,874.00 $3,748.00 TOTAL $28,091.24 $28,109.60 $28,709.88 $27,428.38 Commission Meeting Date: March 11, 2014 Date: March 5, 2014 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Participation Agreement for Nims Neighborhood Playground SUMMARY OF REQUEST: Staff has been working with Nims Neighborhood (“Neighborhood”) and Muskegon Public Schools (“MPS”) to designate a parcel of property on the former Nims School site for a playground for the neighborhood. When the school closed a few years, ago, the play equipment was removed. There are no other playgrounds in close proximity to much of the neighborhood. Therefore, MPS has agreed to donate a parcel of property to the City of Muskegon (“City”), who will then enter into an agreement with the Neighborhood to construct and maintain a playground on the property. At this time, it is not absolutely certain where the playground will be located on the property. Therefore, the attached “Participation Agreement” has been prepared (and approved and signed by MPS), which will allow the Neighborhood to have an assurance of property control for the future playground (needed for grant applications). FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached “Participation Agreement” and authorize the Vice-Mayor’s signature. Commission Meeting Date: March 11, 2014 Date: March 5, 2014 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: PILOT Request (Nelson Place) - Ordinance Amendment, Second Reading SUMMARY OF REQUEST: Joe Hollander of Hollander Development Corporation (a partner in Nelson Place Limited Dividend Housing Association Limited Partnership), is seeking new financing for Nelson Place. There is currently a Payment in Lieu of Taxes (PILOT) for Nelson Place which was executed on March 26, 1996. Mr. Hollander intends to refinance the existing high interest loan from MSHDA with a lower interest rate loan from another lender. However, the exiting PILOT Ordinance for Nelson Place terminates the exemption upon refinancing. Therefore, an amendment to the current Ordinance is being requested to allow for the continuation of the PILOT after refinancing. Mr. Hollander intends to continue with the present rent restrictions and income limits (with no dislocation of existing tenants… see attached letter from Mr. Hollander). There will be no significant change to the existing PILOT (length of Contract, PILOT payment). In addition, Nelson Neighborhood Improvement Association will be paid back for a portion of their initial investment in the property. The Commission will review and vote on the Ordinance Amendment at the March 10, 2014 Work Session. It is likely that a second reading will be necessary on March 11, 2014. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: If the City Commission agrees that the continuation of the PILOT is necessary for this property, staff recommends that the attached Ordinance amendment be approved and the Clerk be authorized to sign the necessary documents. Commission Meeting Date: March 11, 2014 Date: March 5, 2014 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: PILOT Request (Nelson Place)- Contract Amendment SUMMARY OF REQUEST: The PILOT Contract between Nelson Place Limited Dividend Housing Association Limited Partnership (“Nelson Place”) and the City of Muskegon (“City”) was executed on March 26, 1996. Nelson Place is in the process of refinancing their mortgage. To do so, they must have the Contract amended. The length of the PILOT, as well as the PILOT payment, remain the same. FINANCIAL IMPACT: The terms remain the same. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the amended Contract and authorize the Mayor and Clerk to sign. Date: March 11, 2014 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Recommendation for Annual Renewal of Liquor Licenses SUMMARY OF REQUEST: To adopt a resolution recommending non- renewal of those liquor license establishments who are in violation of Section 50-146 and 50-147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non- compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 21, 2014, they will be removed from this resolution, and recommendation for their renewal will be forwarded to the Liquor Control Commission. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Adoption of the resolution. RESOLUTION RECOMMENDING STATE WITHHOLD RENEWAL OF LIQUOR LICENSES FOR CODE VIOLATIONS Resolution No. 2014- THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that whereas, the attached business establishments in the City of Muskegon have liquor licenses and are found to be in violation of Article V, Section 50-146 and 50-147 of the Code of Ordinances of the City of Muskegon. AND WHEREAS, a hearing was held on March 11, 2014, before the City Commission to allow such licensees an opportunity to refute the determination of the City Commission that such establishments are in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission; and WHEREAS, an affidavit of mailing of Notices of Hearing and Notification of Non- Compliance to City Standards to the licensees has been filed; NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon hereby recommends that these liquor licenses not be approved for renewal, and a copy of this Resolution be sent to the State Liquor Control Commission. If any of these establishments come into compliance before March 21, 2014, they will be removed from this Resolution. Approved and adopted this 11th day of March, 2014. AYES: NAYS: By:_________________________________ Ann Marie Cummings, MMC City Clerk Name Address Treas./Inc. Tax Clerk Public Safety Chaity Lodge #1397 149 Ottawa X X Club Envy 441 W. Western X Dockers Fish House & Lounge 3505 Marina View Pt. X Dreamer's 978 Pine X X Express Lane 1992 S. Getty X Express Lane 812 W. Laketon X Fricano's 1050 W. Western X Holiday Inn 939 Third X Lakeshore Tavern 1963 Lakeshore X Los Amigos, Inc. 1848 E. Sherman Blvd., Suite M X The Old Clover Bar 817 Forest X Watermark 920 920 Washington X X - Not in Compliance CERTIFICATION 2014- This resolution was adopted at a regular meeting of the City Commission, held on March 11, 2014. 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, MMC City Clerk 2014 Active Liquor Licenses Applebee's Neighborhood Grill & Bar 1825 E. Sherman Muskegon, MI 49444 Bayside Centre 3006 Lakeshore Muskegon, MI 49441 Chaity Lodge #1397 149 Ottawa Muskegon, MI 49442 Clay Avenue Cellars 611 W. Clay Muskegon, MI 49440 Club Envy 435 & 441 W. Western Muskegon, MI 49440 Community Market 1149 Wood Muskegon, MI 49442 Curry Kitchen, Inc. 1141 Third Muskegon, MI 49441 DJ's Pub 2064 Henry Muskegon, MI 49441 Dockers Fish House & Lounge 3505 Marina View Pt. Muskegon, MI 49441 Dollar General 1367 E. Apple Muskegon, MI 49442 Dollar General 2160 Henry Muskegon, MI 49441 Dollar General 381 E. Laketon Muskegon, MI 49442 Downtown Market 45 E. Muskegon Muskegon, MI 49440 Dreamer's 978 Pine Muskegon, MI 49442 Encore American Sports Bar & Grill 2536 Henry Muskegon, MI 49441 Express Lane 812 W. Laketon Muskegon, MI 49441 Express Lane 1992 S. Getty Muskegon, MI 49442 Fricano's Muskegon Lake 1050 W. Western, Suite 200 Muskegon, MI 49441 Frontier Liquor Shoppe 631 W. Southern Muskegon, MI 49441 Ghezzi's Market 2017 Lakeshore Muskegon, MI 49441 Hennessy's Irish Pub 885 Jefferson Muskegon, MI 49440 Holiday Inn 939 Third Muskegon, MI 49440 K.B.'s Market 1431 Getty Muskegon, MI 49442 L & G Family Market 1813 Getty Muskegon, MI 49442 L.C. Walker Arena & Conference Center 470 W. Western Muskegon, MI 49440 Lake Express 1918 Lakeshore Muskegon, MI 49441 Lake House Waterfront Grille 730 Terrace Point Muskegon, MI 49441 Lakeshore Tavern 1963 Lakeshore Muskegon, MI 49441 Lakeside Club, Incorporated 1777 Lakeshore Muskegon, MI 49441 Laketon Marathon 1121 E. Laketon Muskegon, MI 49442 Latitudes Market 3200 Lakeshore Muskegon, MI 49441 Linne Lodge #57 3132 Lakeshore Muskegon, MI 49441 Los Amigos, Inc. 1848 E. Sherman Blvd., Suite M Muskegon, MI 49444 Marine Tap & Grill 1983 Lakeshore Muskegon, MI 49441 Mike's Inn 555 W. Western Muskegon, MI 49440 Muskegon Aerie #668, Eagles 611 - 625 W. Western Muskegon, MI 49440 Muskegon Country Club 2801 Lakeshore Muskegon, MI 49441 Muskegon Family Foods 1157 Third Muskegon, MI 49441 Muskegon Liquors 860 W. Sherman Muskegon, MI 49441 Muskegon Recreation Club 1763 Lakeshore Muskegon, MI 49441 Muskegon Yacht Club 3198 Edgewater Muskegon, MI 49441 Pat's Roadhouse 157 S. Getty Muskegon, MI 49442 Pizza Hut 1480 Apple Muskegon, MI 49442 Pizza Hut 2590 Henry Muskegon, MI 49441 Polish Falcons Lodge-276 1014 W. Hackley Muskegon, MI 49441 Polish Roman Catholic Union of America 1890 Henry Muskegon, MI 49441 Pop-A-Top Tavern 2185 Henry Muskegon, MI 49441 Port City Cruise Line 560 Mart Muskegon, MI 49440 Porthole Bar 1300 W. Sherman Muskegon, MI 49441 Racquets 446 W. Western Muskegon, MI 49440 Sam's Drink-All 1500 Getty Muskegon, MI 49442 Shiva Mart 2021 Marquette Muskegon, MI 49442 Shoreline Inn 750 Terrace Point Muskegon, MI 49440 Skeetown Tavern 1308 W. Sherman Muskegon, MI 49441 Someplace Else III/Glenside Pub 1508 W. Sherman Muskegon, MI 49441 Sunny Mart 1301 E. Apple Muskegon, MI 49442 Sunny Mart 1100 Hackley Muskegon, MI 49441 Superstop Food Store 2390 Sherman Muskegon, MI 49441 The Cheese Lady 808 Terrace Muskegon, MI 49440 The Culinary Institute of Michigan 336 W. Clay Muskegon, MI 49440 The Frauenthal Center 413 - 415 W. Western Muskegon, MI 49440 The Old Clover Bar 817 Forest Muskegon, MI 49442 The Sand Bar 1031 W. Laketon Muskegon, MI 49441 Tipsy Toad 609 W. Western Muskegon, MI 49441 Unruly Brewing Co. 360 W. Western Muskegon, MI 49440 Veterans of Foreign Wars Post 446 165 S. Getty Muskegon, MI 49442 Walgreen's #4835 1000 S. Getty Muskegon, MI 49442 Walgreen's #5315 840 W. Sherman Muskegon, MI 49441 Watermark 920 920 Washington Muskegon, MI 49441 Wayne's Deli 746 W. Laketon Muskegon, MI 49441 Wesco #13 1075 W. Laketon Muskegon, MI 49441 DATE: 03/11/2014 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: To Forward Case #: EN130182 Back to the Housing Board of Appeals for Oversight of the Rehabilitation of the Property. SUMMARY OF REQUEST: This is to request that the City Commission consider forwarding case #: EN130182 back to the Housing Board of Appeals to monitor progress and repairs to the structure located at 1780 JARMAN ST, owner (Linda Jones) and/or representatives have been in contact with SAFEbuilt Building Official/Staff to rehabilitate the home. SAFEbuilt Building Official (Kirk Briggs) reports that Ms. Jones has applied for applicable building permits and submitted a “rough” timeline which will be considered and presented to the HBA upon approval. Case# & Project Address: # EN130182 - 1780 JARMAN ST Location and ownership: This structure is located on Jarman St. between E. Laketon and E. Larch Avenues and is owned by Linda Jones. Staff Correspondence: A dangerous building inspection was conducted on 9/6/2013 by SAFEbuilt. The Notice and Order to Repair was issued on 11/01/2013. On 12/05/2013 no one was present for the HBA meeting. The HBA declared the structure substandard and dangerous. Linda Jones (owner) appeared before the City Commission on January 28th, 2014, asking for reconsideration as it relates to the affected property. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $ 19,800 Estimated cost to repair: $ 15,275 Staff Recommendation: To forward case #: EN130182 - 1780 JARMAN ST., back to the HBA for oversight (repairs, rehabilitation and timeline monitoring), and not to approve demolition of the property known as 1780 Jarman St. Additional Information (History): All mailings are sent by Certified Mail & a copy is also posted to the front of the home. Timeline: (Permits are highlighted) 1) 10/5/2011 - Linda Jones purchased the property. 2) 2/1/2012 - PB120028 - Tear off & reroof 3/4 of dwelling - Final Inspection 2/20/2012 – Permit Finaled (completed). 3) 6/7/2012 - PB120315 - Reconstruct interior stairway to upper floor; replace bathroom window with smaller; change kitchen window Add: Alter/replace 7 windows – Final Inspection 8/19/2013 – Permit Finaled (completed). 4) 7/12/2012 - PM120234 - Install Furnace & Duct work - Permit expired 2/23/2013. 5) 9/12/2012 - PP120175 - Replumb dwelling; new water piping fixtures - Permit expired 4/22/2013 6) 10/25/2012 - PE120521 - Rewire dwelling; new service; smoke detectors. - Permit expired 4/23/2013. 7) 8/19/2013 - Kirk went out to inspect the property due to no inspections from the permits having been requested. He found a window broken and peaked in. It appeared that the house had been broken into and someone trashed the house and stole everything. He couldn't get in and requested this proceed to the Dangerous Building Process. 8) 8/26/2013 - SAFEbuilt letter sent to contact them for an inspection - card was returned signed by M. Ware. 9) 8/27/2013 - It appears the owner contacted SAFEbuilt for an inspection. The inspection was scheduled for 9/5/2013. 10) 9/5/2013 - Jim Hoppus inspected for plumbing & mechanical "this house is at rough- in stage for Plumbing and Mechanical" 11) 9/5/2013 - Ken Murar inspected - Not Complied 12) 10/30/2013 - Hope checked with Kirk to see if he wanted to proceed to the Notice & Order & he said yes, then a timeframe could be discussed at the HBA level. 13) 11/1/2013 - Notice & Order sent out - letter returned unclaimed. 14) 11/19/2013 - HBA Hearing Notice went out - card returned signed by M. Ware 15) 11/19/2013 - PP130265 - Install water heater - expires 5/18/2014. 16) After the hearing notice for HBA went out; the owner called Hope (left voice mail) stating she had just started a new job and couldn't get the time off. Hope returned her call and left her a voice mail recommending someone attend in her place or to possibly submit a letter explaining this and ask the HBA members to table this for 30 days. No further contact & no letter received. 17) 12/5/2013 - HBA hearing was held. No one showed up for this case. Hope let the members know about the voice mails and the members decided to proceed with the case & concurred. 18) 12/10/2013 - HBA Determination sent - card returned signed by Linda Jones. 19) 1/15/2014 - CC Hearing Notice sent - Card returned signed by Autumn Ware. 20) 1/28/2014 - CC Meeting held - Tabled until March 11, 2014 21) 1/31/2014 - Linda Jones left voice mail stating that she had to call in with a timeline and that she will put siding up next so people won't have to look at her home. Staff thought that the timeline for the case was what the Commission asked for. 22) 2/18/2014 - CC Determination (tabled) letter - Card returned signed by Autumn Ware 23) 2/18/2014 - CC Meeting Notice - Card returned signed by Autumn Ware Note: If you disagree with the decision of the City Commission, you have the right to file a petition for superintending control in the Circuit Court for the County of Muskegon within 21 days after the City Commission concurs. 09/06/2013 JONES LINDA 1676 PINE ST MUSKEGON, MI 49442 RE: 1780 JARMAN ST DANGEROUS BUILDING INTERIOR INSPECTION The SAFEbuilt Building Dept. conducted an interior inspection at 1780 JARMAN ST to determine what was needed to bring the building up to code and be able to issue a certificate of occupancy. Below are the inspection results: Needs to fix the framing problems Needs insulation Needs drywall Needs paint Needs interior doors Must fix the back steps Must fix the basement stairs Must install siding Needs to install soffit on the eaves House to be wired to code Smoke alarms to be installed to code Electric service to be replaced to code House is at Plumbing & Mechanical rough stage This house has been broken into several times and materials and tools have been stolen. The owners need to come up with a detailed plan with a time frame to finish the house. Kirk Briggs Building Official SAFEbuilt/City of Muskegon Commission Meeting Date: March 11, 2014 Date: March 4, 2014 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Approval of Sale of City-owned home at 218 Catherine SUMMARY OF REQUEST: To approve the attached resolution and instruct the Community and Neighborhood Services department to complete the sales transaction between Brooks Jr. and Quentina Dawson for the totally rehabilitated home at 218 Catherine, which is part of the City’s HOME Infill Program through the U. S. Department of Housing and Urban Development. Mr. and Mrs. Dawson’s purchase price is $49,900. FINANCIAL IMPACT: The proceeds from the sale will be used to continue the rehabilitation of vacant houses through the HOME program to sustain our current investments to stabilize and revitalize neighborhoods. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to complete the sale. COMMITTEE RECOMMENDATION: None. MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE PURCHASE OF CURRENTLY CITY-OWNED PROPERTY AT 218 CATHERINE WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and; WHEREAS, the City of Muskegon is dedicated to promoting high quality affordable single-family housing in the community and; WHEREAS, the City of Muskegon is dedicated to promoting homeownership throughout its neighborhoods; NOW THEREFORE, BE IT RESOLVED that the City Commission hereby approves the sale of 218 Catherine to Brooks Jr. and Quentina Dawson. Mr. and Mrs. Dawson will purchase the house as an owner-occupied structure. Adopted this 11th day of March, 2014. Ayes: Nays: By ______________________________ Stephen J. Gawron, Mayor By ______________________________ Ann Marie Cummings, MMC City Clerk Commission Meeting Date: March 11, 2014 Date: March 4, 2014 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Approval of Sale of City-owned home at 553 Octavius SUMMARY OF REQUEST: To approve the attached resolution and instruct the Community and Neighborhood Services department to complete the sales transaction between Mr. Robert G. Parker for the totally rehabilitated home at 553 Octavius St., which is part of the City’s HOME Infill Program through the U. S. Department of Housing and Urban Development. Mr. Parker’s purchase price is $63,000. FINANCIAL IMPACT: The proceeds from the sale will be used to continue the rehabilitation of vacant houses through the HOME program to sustain our current investments to stabilize and revitalize neighborhoods. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to complete the sale. COMMITTEE RECOMMENDATION: None. MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE PURCHASE OF CURRENTLY CITY-OWNED PROPERTY AT 553 OCTAVIUS WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and; WHEREAS, the City of Muskegon is dedicated to promoting high quality affordable single-family housing in the community and; WHEREAS, the City of Muskegon is dedicated to promoting homeownership throughout its neighborhoods; NOW THEREFORE, BE IT RESOLVED that the City Commission hereby approves the sale of 553 Octavius Street to Robert G. Parker. Mr. Parker will purchase the house as an owner-occupied structure. Adopted this 11th day of March, 2014. Ayes: Nays: By ______________________________ Stephen J. Gawron, Mayor By ______________________________ Ann Marie Cummings, MMC City Clerk Commission Meeting Date: March 11, 2014 Date: March 4, 2014 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Approval of Sale of City-owned home at 1733 Manz SUMMARY OF REQUEST: To approve the attached resolution and instruct the Community and Neighborhood Services department to complete the sales transaction between Aryana Stewart for the newly rehabbed home at 1733 Manz Street, which is part of the City’s Neighborhood Stabilization Program (NSP) through the Michigan State Housing Development Authority Office of Community Development. Ms. Stewart’s purchase price is $40,000. FINANCIAL IMPACT: The proceeds from the sale will be used to pay off remaining NSP debt. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to complete the sale. COMMITTEE RECOMMENDATION: None. MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE PURCHASE OF CURRENTLY CITY-OWNED PROPERTY AT 1733 MANZ STREET WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and; WHEREAS, the City of Muskegon is dedicated to promoting high quality affordable single-family housing in the community and; WHEREAS, the City of Muskegon is dedicated to promoting homeownership throughout its neighborhoods; NOW THEREFORE, BE IT RESOLVED that the City Commission hereby approves the sale of 1733 Manz Street to Aryana Stewart. Ms. Stewart will purchase the house as an owner-occupied structure. Adopted this 11th day of March, 2014. Ayes: Nays: By ______________________________ Stephen J. Gawron, Mayor By ______________________________ Ann Marie Cummings, MMC City Clerk Commission Meeting Date: March 11, 2014 Date: March 4, 2014 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Sidewalk Snow Removal Ordinance Amendment- Revised SUMMARY OF REQUEST: The City of Muskegon currently has a snow removal ordinance for sidewalks. However, it is not practical to administer. Therefore, an amendment to the Ordinance is recommended to allow for actual enforcement of the Ordinance. The major changes are to require snow to be removed from sidewalks within 24 hours after the cessation of any storm depositing snow on the sidewalk, and to allow for employees other than police officers, authorized by the City Manager, to enforce the provisions of the Ordinance. In addition, since the February 11 Commission meeting, the draft ordinance has been amended to read, “within twenty-four (24) hours after the cessation of any storm depositing snow on the sidewalk abutting the property or as soon as practical, clear the snow from the sidewalk”. This allows for discretion, depending on the weather conditions. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Ordinance Amendment for “Removal of Snow and Ice from Sidewalks” and authorize the Clerk’s signature. City of Muskegon Muskegon County, Michigan Ordinance Amendment No. _____ THE CITY OF MUSKEGON HEREBY ORDAINS: Chapter 74, Streets, Sidewalks and Other Public Property, Code of Ordinances of the City of Muskegon is amended as follows: Sec. 74-7. Removal of Snow and Ice from Sidewalks. (a) The owner, occupant and/or person in charge of each property located within the City shall, within twenty-four (24) hours after the cessation of any storm depositing snow on the sidewalk abutting the property or as soon as practical, clear the snow from the sidewalk. (b) Each violation and each day on which a violation occurs and continues shall constitute a separate offense. This Section shall not preclude the City from maintaining any other appropriate action to prevent or remove a violation of this Chapter. (c) A police officer or other city employee authorized by the City Manager in writing and filed with City Clerk may issue civil infraction tickets to enforce the provisions of this Section. (d) Any person violating the provisions of this Chapter shall be responsible for a civil infraction and fined accordingly. This ordinance adopted: Ayes: __________________________________________________________ Nays: __________________________________________________________ Adoption Date: _________________________ Effective Date: _________________________ First Reading: _________________________ Second Reading: ________________________ CITY OF MUSKEGON By:______________________________ Ann Marie Cummings, MMC, Its Clerk 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 Marie Cummings, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. 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 74, Streets, Sidewalks and Other Public Property, whereby Section 74-7 is amended as follows. 1. Section 74-7 requires the owner, occupant, and/or person in charge of each property abutting a sidewalk to remove snow from sidewalks within twenty-four (24) hours after the cessation of any storm depositing or as soon as practicable. Section 74-7 indicates that any person violating the provisions of this Section shall be responsible for a civil infraction and fined accordingly. 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 ------------------------------------------------------------------------------------------------------------ PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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