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CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 22, 2014 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: A. 2013 Outstanding Citizenship Awards. B. Jazz Appreciation Month. INTRODUCTIONS/PRESENTATION: CITY MANAGER’S REPORT: CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Request to Fly the Norwegian Flag. CITY CLERK C. City – MDOT Agreement for Veteran Park Improvements. ENGINEERING D. Amendment to Chapter 30 “Fire Prevention & Protection”, Article IV “Recreational Fires”. PUBLIC SAFETY E. DBE/MBE/WBE Procurement Policy for Federally Contracted Programs and Collaborations. AFFIRMATIVE ACTION & RISK MANAGEMENT F. Fireworks Display Permit for Muskegon Country Club. CITY CLERK G. Fireworks Display Permit for 4th of July Celebration at Heritage Landing. CITY CLERK PUBLIC HEARINGS: A. 2014-2015 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES COMMUNICATIONS: UNFINISHED BUSINESS: NEW BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 1974 Dowd Street 1522 Clinton Street (Garage Only) 1265 Holt Street 912 E. Isabella Avenue 1141 Jefferson Street B. Special Event Request – Muskegon Bike Time 2014. PLANNING & ECONOMIC DEVELOPMENT C. Mobile Food Vending Ordinance. CITY CLERK D. Amendment to the Transient Merchant Ordinance. CITY CLERK 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. Memorandum To: Mayor and Commissioners From: Frank Peterson Re: City Commission Meeting Date: April 22, 2014 We have a number of items on the agenda, and I thought you could use a little background on them as you prepare for our meeting next week. 1. Concurrence with HBA. There are a number of structures that HBA has determined should be demolished. We are asking that you concur with that decision. 2. Bike Time. City Staff has spent many sessions working with the event organizers. Overall, there are no major changes planned for the event’s structure, except that the event will now be managed locally, and not via a management company. We are recommending approval as presented. 3. The mobile food vending ordinance is being brought back before the commission. Over the past two weeks, we have taken comments from a number of business owners and mobile food vendors. We have made a few tweaks as a result of comments received, and now ask the Commission to consider adoption with the 150 foot rule. Copies of available downtown mobile food vending areas with 150, 200, 250, and 300 foot buffer zones are attached for your consideration. A list of comments received is included in your packet. 4. The transient merchant ordinance was also reviewed and offered for comment over the past two weeks. We are again asking the Commission to consider approval. Other Updates: 1. FY 2014-15 budget preparation is under way. We plan to incorporate some of the elements of the 5-year financial plan presented at the last Commission meeting. 2. I plan to bring the 3 year action plans to the commission for consideration at the June or July Commission meeting. 3. A number of you are planning to attend the Governor’s address at the Holiday Inn this Monday – if you have not already signed up, please contact my office ASAP. 4. A copy of the agreement between Logger Management and the City related to LC Walker utilities is attached for your information. Date: April 22, 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 April 7th Commission Worksession Meeting, and the April 8th City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. City of Muskegon City Commission Worksession April 7, 2014 City Commission Chambers 5:30 PM MINUTES 2014-25 Present: Commissioners Rinsema-Sybenga, Gawron, Hood, Johnson, German, Turnquist, and Spataro. Absent: None. Three Downtown Businesses to Add Outdoor Service to Liquor Licenses. Top Shelf Pizza, 500 W. Western, Pigeon Hill Brewery, 500 W. Western, and Smash Bar, 414 W. Western have or will be applying for outdoor services for their liquor license. While Commission action is not required, we thought it would be a great opportunity for the licensees to let the Commission know the exciting plans they have in store for downtown this summer Jim Noel, owner of Top Shelf, introduced himself and is excited be part of the growing downtown. Michael Brower, owner of Pigeon Hill Brewery, stated their plans to add an outdoor service to their newly opened business. All businesses will need to meet the requirements for an encroachment agreement and any other requirements by the City. Amendment to Brownfield Plan – Terrace Point Landing, LLC and Downtown Development Authority (DDA) Pass –Through Agreement. The Brownfield Plan for Terrace Point Landing, LLC was adopted by the Brownfield Redevelopment Authority and City Commission in 2013 for purposes of reimbursing the developer for “eligible expenses” incurred in association with the project (approximately $12 million investment overall). In addition, the DDA and City Commission approved the amendment of the DDA Plan to allow for “100% of the difference between the 1988 assessed value and the 2013 assessed value or that parcel and 25% of any increase in the assessed value beyond the 2013 tax year” (“parcel” being identified for the Terrace Point Landing LLC project). The BRA Plan was forwarded to the MEDC for review and approval. City staff and the developer were notified the week of March 24th that the MEDC was not recommending their participation in the Plan. After several discussions and careful consideration, it was determined that the project can proceed financially without the MEDC participation, providing the BRA tax capture is the full 100% (rather than the 75% originally contemplated). John Rooks, 5349 Lake Harbor Drive, made a presentation of the project. This item has been placed on the April 8, 2014 Commission meeting for consideration. Amendment to the Transient Merchant Ordinance. Staff compared the current transient merchant ordinance with several other communities and reviewed comments received by customers and is making recommendations for changes. Some proposed changes include: Offering the license as an annual license instead of a daily license currently allowed a maximum of 60 days per calendar year. The current fee is $30 per day. The proposed fee is $150 annual fee renewed on May 1st of each year. The bond amount is proposed to increase from $500 to $1000 School sponsored events should not require a permit Merchants may stay in one location no longer than 45 (current ordinance states 90 days) Hours shall be set between 9 a.m. and 8 p.m. or sunset (whichever is earlier) Merchants may not operate within 1,000 feet of any approved special event or leased park unless they have obtained permission from the event sponsor or lessee. The license does not allow for the sale of goods or serves at any city-owned park/facility or farmer’s market without a permit from the City. Residents and businesses selling parking spaces on their property during a City approved special event in the downtown district are required to obtain a license. At least one ADA compliant restroom facility with a hand washing unit must be made available to the public for the first 50 parking spaces being offered on a parcel and two restroom facilities be available on parcels selling 100 or more parking spaces. The license must be prominently displayed at the entrance to the parking facility and if the number of parking spaces meets or exceeds 50, a sign must be prominently displayed indicating to the public that a public restroom is available. The fee for a license is proposed to be $25 for the first 50 parking spaces and $50 for more than 50 parking spots on one parcel. This item will be placed on the April 22, 2014 City Commission meeting. Mobile Food Vending Ordinance. In consultation with Downtown Muskegon Now, staff has developed a Mobile Food Vending Ordinance for consideration. The proposed monthly fee is $300. Those established brick and mortar businesses located in the City of Muskegon selling their own goods through the mobile food vending ordinance may pay a monthly fee of $150. Mobile food vehicles shall not be left unattended and cannot be parked between the hours of 3 a.m. and 6 a.m. They shall not operate within 1,000 feet of any City approved special event or leased park. Vendors wishing to sell at the Farmer’s Market must obtain permission through management of the Farmer’s Market. Mobile food vehicles shall not be parked within 150 feet of an existing brick and mortar restaurant during the hours when such restaurant is open to the public for business unless permission has been obtained from the restaurant. Applications will be considered for the following areas: Sherman Blvd, Henry Street, Apple Avenue, Laketon Avenue, Getty Street as well as within the area of the Downtown District Authority, and industrial parks. City Commissioners requested staff seek input from downtown businesses and bring this back to their April 22, 2014 meeting for consideration. Muskegon Firefighters Union – Contract Settlement. Frank Peterson, City Manager, presented a contract settlement for the Muskegon Firefighters Union. The City Commission will consider this item at its April 8, 2014 City Commission Meeting. LC Walker Arena Management/Operations Costs. Representatives of the LC Walker Arena were present to give an update on the operations of the LC Walker Arena and new promotions they have put together to make it a viable business 365 days per year. Commissioner German left at 7:18 p.m. Commissioner Johnson asked for the last two years utility bills and attendance records before voting on this issue. An energy audit being conducted tomorrow. Recreational Fires Chief Lewis indicated he would like to propose an ordinance to better define recreational fires. An ordinance will be presented to the Commission at a later date. 2014-15 City Commission Goals/Action Plan. City Manager, Frank Peterson, reviewed the goals/action plans for the City in detail. It is a working document and will be used as a guide. This items has been placed on the April 8, 2014 Commission Meeting for consideration. Adjournment. Motion by Commissioner Hood, seconded by Commissioner Spataro to adjourn at 8:24 p.m. MOTION PASSES ____________________________ Ann Marie Cummings, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 8, 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, April 8, 2014. Mayor Gawron opened the meeting with prayer from Pastor Marcy Miller from the Samuel Lutheran 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 Willie German, Dan Rinsema-Sybenga, Byron Turnquist, Ken Johnson, and Eric Hood, City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie Cummings. 2014-26 HONORS AND AWARDS: A. Recognition of Dave Alexander. Mayor Gawron recognized MLive reporter Dave Alexander, thanked him for his coverage of the City of Muskegon, and congratulated him on his new position with MLive. 2014-27 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes of the March 25th City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. National Bike to Work Week Proclamation. CITY CLERK SUMMARY OF REQUEST: The City Commission is asked to adopt the proclamation supporting National Bike to Work Week, May 12 through May 16, 2014. 1 FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the proclamation. D. Concession/Vending Contract for City of Muskegon Parks. PUBLIC WORKS SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year contractual agreement with Branden M. Reed, per proposal, at/between Pere Marquette Beach and Kruse Park, located within the City of Muskegon for selling bottle water and carbonated beverages. FINANCIAL IMPACT: Contract revenue will be 10% of gross receipts, per Concession/Vending Agreement. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize DPW staff to enter into a concession/vending agreement with Branden M. Reed. F. Bella Dawg Concession Contract for City of Muskegon Parks. PUBLIC WORKS SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year contractual agreement with Steve Hamstra of Bella Dawg at various City of Muskegon parks/facilities, as determined by staff, located within the City of Muskegon to sell hot dogs and other minor snacks from a mobile cart. FINANCIAL IMPACT: Concession revenue is 10% of gross receipts. Commission revenue in 2013 was $276. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize DPW staff to enter into a concession agreement with Steve Hamstra of Bella Dawg. I. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC WORKS SUMMARY OF REQUEST: Award the bids as listed. FINANCIAL IMPACT: $441,348 based on quantities requested in bid at 2014 quotes (except concrete mix). BUDGET ACTION REQUIRED: None, funds appropriated in several budgets. STAFF RECOMMENDATION: Recommend approval of bids as outlined. J. Amendment to Brownfield Plan – Terrace Point Landing, LLC and Downtown Development Authority (DDA) Pass-Through Agreement. PLANNING & ECONOMIC DEVELOPMENT 2 SUMMARY OF REQUEST: The Brownfield Plan for Terrace Point Landing, LLC was adopted by the Brownfield Redevelopment Authority (BRA) and the City Commission in 2013 for purposes of reimbursing the developer for “eligible expenses” incurred in association with the project (approximately $12 million investment overall). In addition, the DDA and City Commission approved the amendment of the DDA Plan to allow for “100% of the difference between the 1988 assessed value and the 2013 assessed value for that parcel and 25% of any increase in the assessed value beyond the 2013 tax year” (“parcel” being that identified for the Terrace Point Landing LLC project). The BRA Plan was forwarded to the Michigan Economic Development Corporation (MEDC) for review and approval. City staff and the developer were notified the week of March 24 that the MEDC was not recommending their participation in the Plan. After several discussions and careful consideration, it was determined that the project can proceed financially without the MEDC participation, providing the BRA tax capture is the full 100% (rather than the 75% originally contemplated). FINANCIAL IMPACT: Brownfield Tax Increment Financing (100% of the capture) will be used to reimburse the developer for “eligible expenses” incurred in association with development of the Terrace Point Landing project (see estimated tax capture and payment schedule). The actual development will generate future property taxes for the City, as well as income tax from those living in the development. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To endorse the BRA and DDA approvals for the BRA amendment and DDA amendment. COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority and Downtown Development Authority met on April 2, 2014, and approved both the BRA Plan amendment and the DDA Plan amendment. K. Permanent Traffic Control Order. PUBLIC WORKS SUMMARY OF REQUEST: Authorize staff to install “1 (one) hour parking” signs from 8:30 am to 5:30 pm, where permissible to install, on Terrace Street, Pine Street, Spring Street, Walton Avenue, and Myrtle Avenue per Traffic Control Work Order #14-(2014). FINANCIAL IMPACT: Cost of signs and man-power to install, if approved. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize DPW staff to install “1 (one) hour parking” signs on Terrace, Pine, Spring, Walton, and Myrtle. L. Muskegon Firefighters Union – Contract Settlement. CITY MANAGER SUMMARY OF REQUEST: The City and MFU have been working on a 5 year 3 agreement for the last two months. We have reached a tentative agreement, and the union had a successful ratification vote in March. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the tentative agreement and to authorize the Mayor and Clerk to sign the contract. Motion by Vice Mayor Spataro, second by Commissioner Johnson to adopt the Consent Agenda minus items C, E, G, H, M, and N. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Spataro Nays: None MOTION PASSES 2014-28 ITEMS REMOVED FROM THE CONSENT AGENDA: C. 2014 Water Treatment Chemical Bids. PUBLIC WORKS SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder to supply sodium hypochlorite for the water filtration plant. FINANCIAL IMPACT: Annual cost of $52,207 (based on average annual water pumped to mains). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the low bid received and enter into a contract with Alexander Chemical for sodium hypochlorite for one year, beginning April 14, 2014. Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to approve the bid with Alexander Chemical for sodium hypochlorite for one year beginning April 14, 2014. ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and Rinsema-Sybenga MOTION PASSES E. Jay-Boards Concession Contract for City of Muskegon Parks. PUBLIC WORKS SUMMARY OF REQUEST: Staff is asking permission to enter into a three-year contractual agreement with Jason Gorski of Jay-Boards, per proposal, at Pere Marquette Beach and Harbor Towne Beach, located within the City of Muskegon for stand-up paddleboard rentals/lessons. FINANCIAL IMPACT: Contract revenue will be 10% of gross receipts, per 4 Concession Agreement. Concession revenue in 2013 was $472. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize DPW staff to enter into a concession agreement with Jason Gorski of Jay-Boards. Motion by Vice Mayor Spataro, second by Commissioner Johnson to authorize DPW staff to enter into a concession agreement with Jason Gorski of Jay-Boards. ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema- Sybenga, and Turnquist MOTION PASSES G. Lease Proposal for MACkiteboarding at Pere Marquette Park. PUBLIC WORKS SUMMARY OF REQUEST: Staff is asking permission to negotiate a three-year lease agreement (2014, 2015, and 2016) with Steve Negen of MACkiteboarding for a kiteboard school and shop in Pere Marquette Park at 1955 Beach Street (former old brown/brick beach house building by Filtration Plant). The negotiations entail “in-kind” services and/or donation to the Pere Marquette Park/facilities in lieu of the standard lease payment and/or a combination of both. FINANCIAL IMPACT: Revenue of $2,500 per year, similar to previous agreements, and/or a combination of $ and “in-kind” services. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize staff to negotiate a three-year lease agreement. Motion by Commissioner Turnquist, second by Vice Mayor Spataro to authorize staff to negotiate a three-year lease agreement with MACkiteboarding at Pere Marquette Park. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Spataro, and German MOTION PASSES H. Consideration of Bids for Janitorial Services Contract 2014-2017. ENGINEERING SUMMARY OF REQUEST: Award the Janitorial Services Contract to Reliant Professional Cleaning Services out of Grand Haven. The contract would be to clean City Hall and DPW for the next three years, starting May 1, 2014, until April 30, 2017. Reliant was the lowest responsible bidder with a bid price of $46,740 per year and $140,220 total contract for three years. FINANCIAL IMPACT: $46,740 per year. 5 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the three-year contract to Reliant Professional Cleaning. Motion by Commissioner German, second by Vice Mayor Spataro to award the three-year contract to Reliant Professional Cleaning. ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga, Turnquist, and Johnson Nays: None MOTION PASSES M. LC Walker Arena Management/Operations Costs. CITY MANAGER SUMMARY OF REQUEST: In response to a request from the city’s contracted management firm for the LC Walker Arena, city staff has been working on a plan to identify temporary funding to offset high utility costs for the LC Walker Arena. The facility was built as a hockey arena, but its high operation costs cannot be sustained by one main hockey tenant alone. City staff is asking the Commission to approve a one-year agreement with the management company to provide assistance with utilities effective April 1 2014, and expiring March 31, 2015, with stipulations as follows: 1. An increase in the ticket surcharge equal to $1.00 effective for the 2014- 15 Lumberjacks hockey season, with the proceeds dedicated 50/50 to electricity and capital maintenance. 2. City to reimburse the management company75% of the net utility costs each month, up to $15,000 monthly. 3. Management Company to provide City with 20 tickets to each home game for the City to use to invite Muskegon youth to the hockey games. Inclusive of all surcharges, the City will be responsible for payment of $3.00 for each ticket. 4. A plan to be presented to the City Commission prior to December 31, 2014 outlining the long-term viability of the LC Walker Arena, with a recommendation from staff related to the best long-term use of the facility. 5. The City reserves the right to terminate this agreement with 30 days notice. FINANCIAL IMPACT: Up to $45,000 for FY 13-14 and up to $135,000 for FY 14-15. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request and authorize the Mayor and Clerk to sign an agreement. 6 Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the request and authorize the Mayor and Clerk to sign the subsequent agreement. ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Gawron, and Hood Nays: Johnson MOTION PASSES N. 2014–15 City Commission Goals/Action Plan. CITY MANAGER STAFF RECOMMENDATION: To adopt the action plan and direct the city staff to begin the process of sharing the plan with the public and prepare for implementation. Motion by Commissioner German, second by Commissioner Hood to accept the 2014-15 City Commission Goals/Action Plan. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Spataro Nays: None MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 6:19 p.m. Respectfully submitted, Ann Marie Cummings, MMC City Clerk 7 Date: April 22, 2014 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Request to Fly the Norwegian Flag SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the Norwegian Flag at City Hall on Saturday, May 17th in honor of Norway’s Constitution Day (Independence Day). FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the request. Date: April 22, 2014 To: Honorable Mayor and City Commissioners From: Engineering RE: City – MDOT Agreement for: Veteran Park Improvements SUMMARY OF REQUEST: Approve the attached contract with MDOT for the pedestrian mobility improvements at the Veteran’s memorial park at the Causeway between the northbound and southbound of M-120 and approve the attached resolution authorizing the Mayor and City Clerk to sign the contract. FINANCIAL IMPACT: The estimated total cost of this project is $978,500 of which $39,100 is the local share. As of April 2012, the three local agencies; Muskegon, N. Muskegon & Muskegon County had committed a total of $36,000 with the veteran group committing to make up any shortfall. BUDGET ACTION REQUIRED: none at this time as this project was budgeted for. 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 PEDESTRIAN MOBILITY IMPROVEMENT WORK BETWEEN NORTHBOUND AND SOUTHBOUND OF M-120 (VETERAN PARK) INCLUDING SIDEWALKS, DECORATIVE LIGHTING 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. 14-5155 between the Michigan Department of Transportation and the City of Muskegon for the pedestrian mobility improvement work between northbound and southbound of M-120 (veteran park) within the Cities of Muskegon & N. Muskegon is in the best interest of the City of Muskegon. RESOLVED, that entry by the City into Contract Agreement Number 14-5155 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: April 10th, 2014 To: Honorable Mayor and City Commissioners From: Director of Public Safety Jeffrey Lewis RE: Amendment to Chapter 30 “Fire Prevention & Protection”, Article IV “Recreational Fires”. SUMMARY OF REQUEST: The Director of Public Safety requests that the City Commission review and authorize the proposed amendments to Chapter 30, Article IV of the Recreational Fire Ordinance, Section(s) 30-220, 221, 222, 223, of the City of Muskegon “Fire Prevention and Protection” Ordinance. The Muskegon Fire Department has reviewed and proposed changes in our recreational fire ordinance to better serve the community at large and address illegal burning issues in our city in which fire/police must respond to in order to maintain general public safety. The amendments are to address; size of the fire pit, materials that are allowed in the fire pit, use manufactured portable burning stand. The prohibition of steel “burn barrels”, commonly used for burning trash and yard waste, and examples of items that cannot be burned without violating the amended ordinance (see attachment for full details). FINANCIAL IMPACT: N/A BUDGET ACTION REQUIRED: N/A STAFF RECOMMENDATION: Staff recommends approving amendments to said existing ordinance City of Muskegon Muskegon County, Michigan Ordinance Amendment No. _____ THE CITY OF MUSKEGON HEREBY ORDAINS: Chapter 30 “Fire Prevention and Protection,” Article IV “Recreational Fires,” of the Code of Ordinances of the City of Muskegon is amended as follows: Sec. 30-220. Guidelines. All persons making recreational fires or engaged in open burning within the city limits shall abide by the following: 1. Only natural cut wood no longer than 24 inches in length may be burned. 2. The following shall not be burned: leaves, brush, pine needles, processed lumber, varnished or painted materials, pallets, sawdust, wiring, furniture, carpeting, or grass. 3. No burning of materials in a barrel (also known as “barrel burning”) is allowed. 4. Fires must be in a pit no wider than 36 inches in diameter and it is recommended that it have brick or concrete block on the outside or the ring. A specially made above ground stand, also known as portable outdoor fireplace, may be used. 5. The fire shall be attended to at all times and extinguished completely when left unattended. 6. Maintain a minimum of 25 feet between the fire and any combustible surface or material, including but not limited to houses, fencing, trailers, and vehicles. 7. A compatibly-sized means of extinguishment must be available at all times, e.g., a garden hose connected to the house that reaches the edge of the fire. 8. Use extreme caution when weather conditions result in lack of rain for more than a week and/or high temperatures result in dry conditions. 9. Be observant to wind direction and smoke travel into neighboring homes. Extinguish fire if smoke is traveling into a neighboring home. Section 30-221. Extinguishment Order The city fire department or police department may order the extinguishment of a recreational fire or open burning for the following reasons: 1. High winds 2. Burning prohibited materials. 3. Citizen complaint (including health concerns from smoke). 4. Unattended fire. 5. Potential safety concerns as determined by the city fire or police department. C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Rec Fire Ordinance - 041014.doc Section 30-222. Refusal to comply with extinguishment order If a person refuses to comply with an order issued by the fire and/or police department to extinguish a fire, the fire will be extinguished by the fire department. Section 30-223. Civil Infraction The fire and/or police department may issue a civil citation to the person(s) refusing to comply with the order to extinguish or for failure to comply with an of the guidelines in Section 30-221. This ordinance adopted: Ayes: ______________________________________________________________ Nays: _______________________________________________________________ Adoption Date: _________________________ Effective Date: _________________________ First Reading: _________________________ Second Reading: ________________________ CITY OF MUSKEGON By ______________________________ Ann Cummings, MMC City Clerk C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Rec Fire Ordinance - 041014.doc 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. C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Rec Fire Ordinance - 041014.doc 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 30 “Fire Prevention and Protection,” Article IV “Recreational Fires,” whereby the following changes were made: Section 30-220. Guidelines were amended to include all open burning, in addition to “recreational fires.” (1) Now specifies that any natural cut wood burned can not be longer than 24 inches in length and to prohibit burning small brush. (2) Now specifies the additional examples of items prohibited from burning such as brush, pine needles, processed lumber, varnished or painted materials, wiring, furniture, carpeting and grass. (3) Now prohibits “barrel burning.” (4) Now requires all fires to be in a pit no wider than 36 inches in diameter and recommends a brick or concrete block around the ring. Portable outdoor fireplaces are also allowed. (5) Now requires that fires be completely extinguished if left unattended. (6) Now gives the examples of houses, fencing, trailers and vehicles as combustible surfaces or materials that a fire must be 25 feet from. (7) Now offers a garden hose attached to the house that reaches the edge of the fire as an acceptable means of extinguishment to have available. (8) Not amended. (9) Requires that persons be observant to wind direction and to extinguish fires causing smoke to travel into neighboring homes. Section 30-221 Extinguishment Order was amended to allow for the police department, as well fire department personnel to issue order to extinguish non-compliant fires and to allow the fire department to extinguish them if the person burning it refuses. Section 30-222 Civil Infraction was amended to allow police or fire department personnel to issue a civil citation for refusal to comply with an extinguishment order or any other failure to comply with the guidelines of Section 30-220. 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 C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Rec Fire Ordinance - 041014.doc Published: _________________, 2014 By: ______________________________ Ann Cummings, MMC, Its Clerk ------------------------------------------------------------------------------------------------------------ PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Rec Fire Ordinance - 041014.doc MEMO Date: April 22, 2014 To: Honorable Mayor & City Commission From: Affirmative Action &Risk Management RE: DBE/MBE/WBE PROCUREMENT POLICY FOR FEDERALLY CONTRACTED PROGRAMS AND COLLABORATIONS SUMMARY OF REQUEST: The Contract and Procurement Policy for Federally Contracted Programs and Collaborations has been developed to include the “Fair Share Goals” language to meet the “Good Faith Effort” requirements of our federally contracted funds. The “Fair Share Goals” are specific to the Environmental Protection Agency (EPA) contracts, and “Good Faith Efforts” are standard to our other federally contracted funds. The steps for “Good Faith Efforts” will allow the city to achieve compliance in all of our federal contracts and ensure that Disadvantaged Business Enterprises (DBE), Minority Business Enterprises (MBE), and Women-owned Business Enterprises (WBEs) are actively solicited for participation in the bid process for contracting and procurement of supplies, construction, equipment and services under all federal contracts and collaborations. The Policy will be placed in all contracts and collaborations that include federal funds. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the City of Muskegon DBE/MBE/WBE Procurement Policy for Federally Contracted Programs and Collaborations, and authorize the Mayor and Clerk to sign. CITY OF MUSKEGON DBE/MBE/WBE PROCUREMENT POLICY DISADVANTAGED BUSINESS ENTERPRISE (DBE) MINORITY BUSINESS ENTERPRISE (MBE) WOMAN BUSINESS ENTERPRISE (WBE) POLICY STATEMENT It is the policy of the City of Muskegon to assure that small disadvantaged business enterprises (DBE), minority business enterprises(MBE), and woman-owned business enterprises(WBE) are given the opportunity to participate in contracting and procurement for supplies, construction, equipment and services under federal contracts and collaborations. This policy applies to all contracts/procurement for supplies, construction equipment and services under any federally contracted grant or cooperative agreement. The purpose is to ensure nondiscrimination in the solicitation, either by competitive bidding or negotiation, and award and administration of federally assisted contracts and collaborations. Entities contracting or sub-contracting with the City of Muskegon shall comply with regulations relative to nondiscrimination in Federally-assisted programs as amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. During the performance of any contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees, as follows: STATEMENT OF NON-DISCRIMINATION The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection, retention, and treatment of subcontractors, including procurements of supplies, construction, equipment and services. FAIR SHARE GOALS All methods of solicitation shall include the following language to meet “Good Faith Effort” requirements as stated in the general provisions of EPA’s 40 CFR 33 of the Federal Regulation: This contract is subject to the Environmental Protection Agency’s (EPA) “fair share policy,” which includes EPA-approved “fair share goals” for Disadvantaged Business Enterprise (DBE), Minority Business Enterprise(MBE) and Woman Business Enterprise (WBE) firms in the Construction, Supplies, Equipment, and Services procurement categories. EPA’s policy requires that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts and procurements to Minority Business Enterprise and Women-Owned Business Enterprise firms. Although EPA’s policy does not mandate that the fair share goals be achieved, it does require applicants and prime contractors to demonstrate use of the six affirmative steps, and adhere to the current fair share goals for the State of Michigan. Page | 1 Dt/DBE/MBE/WBE Policy/20140402 GOOD FAITH EFFORTS (1) The City of Muskegon shall ensure DBE/MBE/WBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities by maintaining a solicitation list of DBE/MBE/WBE businesses and notifying them whenever they are potential sources. (a) Maintain and update a listing of qualified DBE/MBE/WBEs that can be solicited for construction, equipment, services and/or supplies on the City of Muskegon website. (b) Provide listings to all interested parties who request copies of the bidding or proposing documents. (c) Contact appropriate sources within our geographic area to identify DBE/MBE/WBEs for placement on our business listings. (d) Utilize other DBE/MBE/WBE listings such as those of the States Minority Business Office, the Small Business Administration, Minority Business Development Agency (MBDA) of the Department of Commerce, EPA OSDBU, DOJ, HUD, DOT and Department of Homeland Security. (e) Solicitation lists are available for review at all times via the city website. (2) The City of Muskegon shall make information of forthcoming opportunities available to DBE/MBE/WBEs and arrange time for viewing of contracts and establish delivery schedules, where requirements permit, in a way that encourages and facilitates participation by DBEs, MBEs, and WBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days(federal projects) and 10 calendar days(local projects), before the bid or proposal closing date. (a) Develop realistic delivery schedules which may provide for greater DBE/MBE/WBE participation. (b) Advertise through the minority media in order to facilitate DBE/MBE/WBE utilization. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project. (c) Advertise in general circulation publications, trade publications, State agency publications and minority and women’s business focused media concerning contracting opportunities on our projects. Maintain a list of minority and/or women’s business-focused publications that may be utilized to solicit DBE/MBE/WBEs. (3) The City of Muskegon will consider in the contracting process whether firms competing for large contracts could subcontract with DBE/MBE/WBEs. The City of Muskegon will divide total requirements when economically feasible and practical into smaller tasks or quantities in order to increase opportunities for participation by DBE/MBE/WBEs in the competitive process. (a) Perform an analysis to identify portions of work that can be divided and performed by qualified DBE/MBE/WBEs. (b) Scrutinize the elements of the total project to develop economical units of work that are within the bonding range of DBE/MBE/WBEs. (c) Conduct meetings, conferences, and follow-ups with DBE/MBE/WBE associations and minority media to inform these groups of opportunities to provide construction, equipment, services and supplies. Page | 2 Dt/DBE/MBE/WBE Policy/20140402 (4) The City of Muskegon will consider and encourage contracting with a consortium of DBE/MBE/WBEs when a contract is too large for one of these firms to handle individually. (a) Notify DBE/MBE/WBEs of future procurement opportunities so they may establish bidding solicitations and procurement plans. (b) Provide DBE/MBE/WBEs trade organizations with succinct summaries of solicitations. (c) Provide interested DBE/MBE/WBEs with adequate information about plans, specifications, timing and other requirements of the proposed projects. (5) Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development Agency (MBDA). (a) Use the services of outreach programs sponsored by the MBDA and/or the SBA to recruit bona fide firms for placement on DBE/MBE/WBEbidders lists to assist these firms in the development of bid packaging. (b) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime contractors in identifying DBE/MBE/WBEs for potential work opportunities on projects (6) If the prime contractor awards subcontractors, the prime contractor is required to take the steps in subparagraphs (1)-(5) of this section. DOCUMENTATION/REPORTING The contractor shall provide all information and reports required by the Regulations, or directives issues pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the appropriate federal agency to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the appropriate State or Federal Agency, as appropriate, and shall set forth what efforts it has made to obtain the information. NON – COMPLIANCE Contractors, sub-contractors, and other associated entities failing to comply with the federal regulations legally required under contracts associated with Environmental Protection Agency (EPA), Housing and Urban Development (HUD), Department of Justice (DOJ), Department Of Transportation (DOT), or Department of Homeland Security (DHS) that have been granted to the City of Muskegon, may result in delayed closings, withholding the release of funds, or commitment cancellation. ___________________________________ Stephen Gawron Mayor _________________________________ Ann Marie Cummings City of Muskegon Municipal Clerk Page | 3 Dt/DBE/MBE/WBE Policy/20140402 Date: April 22, 2014 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Fireworks Display Permit for Muskegon Country Club SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a fireworks display permit for July 4, 2014, at the Muskegon Country Club, 2801 Lakeshore Drive. Fire Marshall Metcalf will inspect the fireworks on the day of the event. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of insurance. Date: April 22, 2014 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Fireworks Display Permit for 4th of July Celebration at Heritage Landing. SUMMARY OF REQUEST: Night Magic is requesting approval of a fireworks display permit for July 4th at Heritage Landing. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of insurance. Commission Meeting Date: April 22, 2014 Date: April 15, 2014 To: Honorable Mayor and City Commission From: Community and Neighborhood Services Department RE: Public Hearing for 2014 – 2015 Action Plan SUMMARY OF REQUEST: To conduct a public hearing of the 2014 – 2015 Action Plan for public comments. FINANCIAL IMPACT: Action Plan establishes the 2014-2015 Community Development Block Grant and HOME budgets. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To receive comments about the proposed 2014 – 2015 Action Plan at the public Commission meeting. COMMISSION MEETING: 4/22/2014 DATE: 03/31/2014 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN130206 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1974 DOWD STis unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN130206 - 1974 DOWD ST Location and ownership: This structure is located on Dowd St. between Windsor and Young and is owned by WEXSTAFF JAMES E/TRICIA A. Staff Correspondence: A dangerous building inspection was conducted on 9/03/2013. The Notice and Order to Repair was issued on 11/01/2013. On 12/5/2013 the HBA declared the structure substandard and dangerous. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $ 16,300 Estimated cost to repair: $ 40,500 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. Additional Information (History): Owner Contact: The owner has made no contact with the City or SAFEbuilt. Owner Mailings: N&O - signed-James Wexstaff HBA Meeting - Returned Unclaimed HBA Determination - Justin Wexstaff Ocwen Loan Services Mailings:N&O - signed - Earl Hill HBA Meeting - Earl Hill HBA Determination - Earl Hill Permits obtained: The only permit obtained for this property was PE070389 to upgrade the electrical service to 100 amp service due to power surge. This had been obtained 7/31/2007 &finaled 8/2/2007. AFTER CONCURRANCE OF THE CITY COMMISSION THE INTERESTED PARTIES MAY: 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. Front of home. Foundation Roof-North side of home. Roof-South side of home. CITY OF MUSKEGON CODE COMPLIANCE DEPARTMENT 933 TERRACE ST STE 202 MUSKEGON, MI 49440 (231) 724-6766 (Office) (231) 724-6790 (Fax) DANGEROUS BUILDING REPORT 1974 DOWD ST 09/03/2013 Exterior Inspection noted: 1) Deteriorated/Missing Roof/Shingles/Eaves – Needs new roof. 2) Foundation is missing in many areas. 3) Foundation has large cracks 4) Holes in Siding 5) Trash all over. 6) Need interior inspection. Building Department Services 11/19/2013 WEXSTAFF JAMES E/TRICIA A 639 S DANGL ROAD MUSKEGON, MI 49442 RE: 1974 DOWD ST DANGEROUS BUILDING INTERIOR INSPECTION The SAFEbuilt Building Dept. conducted an interior inspection at 1974 DOWD 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: 1. All work must be done by a licensed contractor 2. Needs hangers on the carport rafters 3. Needs a new roof 4. Must fix roof rafters 5. Needs insulation to code 6. Needs new drywall 7. House is filled with mold 8. Floor is sagging must fix 9. House is filled with debris 10. House has asbestos siding 11. Must install a vapor barrier in the crawl space and insulate and vent 12. Must fix the damaged foundation 13. House to be rewired to code 14. House to have smoke alarms to code 15. Electric service to meet code 16. Pressure test gas line 17. Inspect and certify HVAC, water heater, chimney 18. Clean ductwork 19. Establish kitchen and bath plumbing to 2009 MDC 20. Inspect and certify all house plumbing when water is established, water distribution plus drain plus vent 21. Provide vacuum breakers for hose spigot Please contact us if you have any questions and/or concerns. Please note that some or all of the above items will need to have permits taken out before the repairs can be made. I have attached blank permit applications for your convenience. Thank you. Kirk Briggs Building Official COMMISSION DATE: 4/22/2014 DATE: 03/31/2014 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN130251 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1522 CLINTON ST (GARAGE ONLY)is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN130251 - 1522 CLINTON ST (GARAGE ONLY) Location and ownership: This structure is located on Clinton St. between E Grand and E. Southern Ave. and is owned by GURWITZ ALAN M. Staff Correspondence: A dangerous building inspection was conducted on 9/3/2011 & 9/18/2013. The Notice and Order to Repair was issued on 11/1/2013. On 12/5/2013 the HBA declared the structure substandard and dangerous. On 2/4/2014 the HDC concurred with the HBA declaring the structure substandard and dangerous. Financial Impact: General Funds Budget action required: None State Equalized value: $ 16,900 Estimated cost to repair: $ 4,410 (garage only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. Additional Information (History): Owner Contact: The owner has had no contact with staff regarding this case. Owner Mailings: SAFEbuilt letter - returned unsigned N&O letter - returned unsigned HBA Meeting Letter - returned unsigned HBA Determination - returned unsigned HDC Meeting - returned unsigned HDC Determination - returned unsigned Fifth Third Bank: A representative stated they have no interest in saving the garage. Permits obtained: 9B1200059 – Reroof dwelling over one layer. Issued 2/27/2012 and finaled 4/1/2013. Garage roof. Garage door. Blue garage only. This is off the alley. 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. CITY OF MUSKEGON CODE COMPLIANCE DEPARTMENT 933 TERRACE ST STE 202 MUSKEGON, MI 49440 (231) 724-6766 (Office) (231) 724-6790 (Fax) DANGEROUS BUILDING REPORT 1522 CLINTON ST (Garage Only) 9/03/2011 & 9/18/2013 Inspection noted: 1. Garage roof is completely deteriorated. 2. Garage has broken windows 3. Garage window glazing is missing 4. Garage siding has holes in it 5. Garage siding is rotted 6. Garage has peeling paint that needs to be scraped and needs to be protected from the weather by properly applied water-resistant paint or waterproof finish 7. Garage roof is close to collapse 8. Garage service door is unsecured 9. Remove the overgrowth from the north side of the structure 10. Permits are required for the repairs or demolition of the structure. Please contact SAFEBuilt to obtain either these permits (231) 724-6715. John Schultz, Code Compliance Inspector BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE. COMMISSION DATE: 4/22/2014 DATE: 03/31/2014 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN130209 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1265 HOLT STis unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN130209 - 1265 HOLT ST Location and ownership: This structure is located on Holt St. between Hill and Evanston and is owned by CARSON CARLOS/ROBAR ANDREA. Staff Correspondence: A dangerous building inspection was conducted on 5/15/2013. The Notice and Order to Repair was issued on 9/12/2013. On 3/6/2014 the HBA declared the structure substandard and dangerous. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $ 3,500 Estimated cost to repair: $ 33,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. Additional Information (History): Owner Contact: No contact with staff regarding the dangerous building Owner Mailings:9/12/2013 = N&O = Card signed - Beneta Ezell 2/18/2014 = HBA Meeing = card not signed & returned 3/14/2014 = HBA Determination - card signed by Beneta Ezell County Treasurer Notifications:9/13/2013 - N&O = Card signed by Tony M. 2/18/2014 - HBA Meeting - card signed by Colleen Mars 3/14/2014 - HBA Determination - Card signed by Colleen Mars Permits obtained: PB130770 – Windows, Drywall, Front flooring, Front porch repair. – Stipulations: need print for porch repair 2/17/14 - no print ever received & he never came in to pick-up electrical permit (in hold file) dj 2/19/14 – Kirk, Building Official for SAFEbuilt noted that no work was being done on the house & had given this to staff to proceed with DB. 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. CITY OF MUSKEGON/SAFEbuilt 933 Terrace St. Ste 204, P.O. Box 536, Muskegon, MI 49443 FIRE INSPECTION REPORT 05/20/2013 Owner CARSON CARLOS/ROBAR ANDREA 1832 WOOD MUSKEGON, MI 49442 Property Address 1265 HOLT ST Parcel # 24-205-087-0001-10 Inspector: KIRK BRIGGS, KEN MURAR, AND JIM HOPPUS Date completed: 05/15/2013 DEFICENCIES: REPLACE WINDOWS REPLACE DRYWALL REPLACE FRONT DOOR REPLACE FLOORING NEED PERMIT FOR WORK AND THE OLD WORK THAT WAS DONE ON THE PORCH ROOF HOUSE TO BE REWIRED TO CODE ELECTRIC SERVICE TO BE REPLACED TO CODE SMOKE ALARMS TO BE INSTALLED TO CODE PRESSURE TEST GAS LINE INSPECT AND CERTIFY FURNACE, WATER HEATER, AND CHIMNEYS INSPECT AND CERTIFY ALL HOUSE PLUMBING CLEAN DUCTWORK _____________________________ _______________ , Building Inspector Date COMMISSION DATE: 4/22/2014 DATE: 03/31/2014 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN130222 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 912 E ISABELLA AVEis unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN130222 - 912 E ISABELLA AVE Location and ownership: This structure is located on E. Isabella Ave. between Eastgate and Madison Ave. and is owned by CRAWFORD JAMES. Staff Correspondence: A dangerous building inspection was conducted on 1/6/2012. The Notice and Order to Repair was issued on 1/17/2014. On 3/6/2014 the HBA declared the structure substandard and dangerous. Financial Impact: General Funds Budget action required: None State Equalized value: $ 19,100 Estimated cost to repair: $ 21,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. Additional Information (History): Owner Contact: On 9/20/2013 Robin Crawford had called SAFEbuilt stating that she would call and set up an inspection the following week when she gets her work schedule. Debi, SAFEbuilt, had updated her phone and mailing address. Certified mailings: James Crawford: 9/20/2013 = SB Letter = Letter Returned 11/19/2013 = N&O = Letter Returned 2/18/2014 = HBA Meeting = Letter Returned 3/23/2014 - HBA Determination - Letter Returned Robin Crawford: 11/19/2013 = N&O = Letter Returned 2/18/2014 = HBA Meeting = Letter Returned 3/23/2014 - HBA Determination - Letter returned Huntington Natonal Bank: 2/18/2014 = HBA Meeting = Card signed 3/13/2014 - HBA Determination - Renee Mix Permits obtained: None. Rear Front 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. CITY OF MUSKEGON 933 Terrace St, P.O. Box 536, Muskegon, MI49440 CODE VIOLATION INSPECTION Property Located at:912 E ISABELLA AVE 24-250-000-0157-00 Inspection Completed: 01/06/2012 Property Owner: CRAWFORD JAMES 912 E ISABELLA AVE MUSKEGON, MI49442 Violations Noted: Structural Damage Open Roof System. 1. All repairs made due to tree damage and open roof structure must meet Michigan Residential code 2009, energy code and lead based paint renovations. This includes any electrical, plumbing and mechanical repairs. Some repairs could require complete upgrades to MRC 2009 code. ______________________________________________________ Henry Faltinowski, Building Inspector COMMISSION DATE: 4/22/2014 DATE: 03/31/2014 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN130296 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1141 JEFFERSON STis unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN130296 - 1141 JEFFERSON ST Location and ownership: This structure is located on Jefferson St. between Monroe and Houston and is owned by NC ASSETS INC. Staff Correspondence: A dangerous building inspection was conducted on 2/18/2013 & 4/19/2013. The Notice and Order to Repair was issued on 1/17/2014. On 3/6/2014 the HBA declared the structure substandard and dangerous. Financial Impact: General Funds Budget action required: None State Equalized value: $ 14,300 Estimated cost to repair: $ 26,000 (exterior only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. Additional Information (History): Owner Contact: None. Owner Mailings: 1/17/2014 = N&O = Card signed by Sherri Brown 2/18/2014 = HBA Meeting Notice = Card signed-unable to read signature 3/14/2014 = HBA Determination Letter = Card signed-unable to read Permits obtained: None regarding the Dangerous Building. Hole in roofing/eave area. Foundation and exposed wood. 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. CITY OF MUSKEGON CODE COMPLIANCE DEPARTMENT 933 TERRACE ST STE 202 MUSKEGON, MI 49440 (231) 724-6766 (Office) (231) 724-6790 (Fax) DANGEROUS BUILDING REPORT 1141 JEFFERSON ST 2/18/2013 & 4/19/2013 Inspection noted: 1. Foundation missing or broken 2. Peeling paint & is not protected from the weather by a properly applied water resistant paint or finish. 3. Steps are not made of proper materials – concrete steps are deteriorated & boards are loose on porch floor. 4. Rotted wood trim, siding, etc. – This is not protected from the weather by a properly applied water resistant paint or finish. 5. Shingles missing-some of the roofing was done without a permit and is not to code. 6. Rotted eaves 7. Broken/boarded windows 8. Holes in wood siding, eaves, etc. 9. West rear light fixture globe is broken or missing. 10. Rear door – not protected from the weather by properly applied water-resistant paint or water proof finish. 11. Screens – all operable window(s) does/do not have a screen must cover the complete bottom sash. 12. Has unguarded side more than 30 inches high from ground or floor, need 36 inch guardrail with balusters no further than 4 inches. A valid permit is required from SAFEbuilt located in City Hall (231) 724-6715. 13. Must install handrails with balusters to code with a permit required by SAFEbuilt. 14. Southside storm door is damaged and is missing the screen or glass and will not latch. 15. Roofing is now blowing off & this will require a permit to repair. 16. This structure is in very poor condition. BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE. CITY COMMISSION MEETING DATE April 22, 2014 Date: April 8, 2014 To: Honorable Mayor and City Commissioners From: Cathy Brubaker-Clarke, Director of Community & Economic Development Re: Special Event Request – Muskegon Bike Time 2014 SUMMARY OF REQUEST: Muskegon Bike Time has filed a special event application for the annual Bike Time festival in downtown Muskegon to be held on July 17, 18, 19, and 20, 2014. Portions of their request require City Commission approval. See attached sheet for details on those requests (waiver of equipment rental fees, use of Bike Time’s own labor pool when possible, and variation from street closure times allowed per the special event policy). FINANCIAL IMPACT: Request that equipment rental fees be waived. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: As in past years, it is recommended that staff be allowed to make the final decision regarding rental fees and actual costs to be coordinated through the City Manager. In addition, staff recommends that if Bike Time picks up items such as picnic tables, bleachers, and trash cans for distribution at the proper locations, there will be no equipment rental charge to Bike Time. This must first be approved by and coordinated through City staff. It is also recommended that City staff review staffing levels for City personnel with the Bike Time staff, with the City making the final decision on the number of City staff needed for the event. Regarding street closures, staff recommends approval with the condition that Bike Time notify affected downtown businesses of the dates and times of street closures and the date and time that No Parking restrictions go into effect on those streets. COMMITTEE RECOMMENDATION: N/A MUSKEGON BIKE TIME City Commission item (page 2) Requests requiring Commission approval ► Equipment rental fees and labor costs – Bike Time has requested the waiver of some City equipment rental fees. They have also requested to use their own labor pool rather than City employees whenever possible. (see staff recommendation on page 1) ► Street closures – The Special Event Policy allows street closures to begin at 6:00 p.m. the day before the event. Bike Time requests the following deviations from that policy, since some of their tents are very large and take additional time to set up, and due to the large number of tents/booths/equipment they have: Bike Time requests to close Fifth St. from Western Ave. to the alley between Western & Clay (approx. ½ block) on Wednesday morning, July 16, at 8:00 a.m. in order to place a large tent in the parking lot at 4th & Western (the lot entrance is off 5th St.) Bike Time requests permission to close Western Avenue and the side streets at midnight on Wednesday, July 16*, so set-up can begin first thing Thursday morning. The affected streets are shown on the attached map. *In order to minimize disruption to downtown businesses, Bike Time will keep Western Avenue open on Thursday for limited business traffic, as in previous years. They will also leave the alley open off the side streets south of Western Avenue. Parking Information – No Parking signs will be put up on Wednesday, prohibiting parking after midnight on Western Avenue (midnight on Wednesday night/Thursday morning). The Police Department will not ticket vehicles parked on Western Ave. that are there for the businesses that stay open past midnight on Wednesday (Mike’s Inn, Club Envy, Racquets, etc). Bike Time will send letters to all homes/businesses on the affected streets, notifying them of the street closure dates/times, and also when the No Parking signs will go up. Changes to Bike Time for 2014 (“FYI”): Beer tents will go back to an 11:00 p.m. closing time, rather than requesting to stay open until midnight as they did last year. Sunday hours will be noon to 4:00 p.m. (closing 2 hours earlier on Sunday than in previous years). Camping at the Mart Dock – Bike Time has requested to allow camping on the Mart Dock property, which has been done before. It would be contingent upon Mart Dock and County Health Department approvals.
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