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CITY OF MUSKEGON CITY COMMISSION MEETING OCTOBER 14, 2014 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: □ INTRODUCTIONS/PRESENTATION: A. Recognition of JAAR Partnerships Participation in the Third Annual “GOOD BUDDY BUCKS” Program. B. Muskegon Police Department Citizen Certificate of Appreciation for Christopher Johnson. C. Muskegon Police Department Citizen Certificate of Appreciation for Joel Erndteman. □ CITY MANAGER’S REPORT: □ CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Assistance to Firefighters Grant Program – Fire Prevention. PUBLIC SAFETY C. West Michigan Metropolitan Transportation Planning Program (WestPlan) Dues FY2015 (October 1, 2014-September 30, 2015). CITY MANAGER D. Donation Programs for M-1040 Individual Income Tax Returns. TREASURER/INCOME TAX E. Policy for Public Inspection and Copying of Assessing Records. CITY CLERK F. Adoption of 2012 International Fire Code. PUBLIC SAFETY G. Muskegon Bike Time – Request for a 5-Year Commitment for Bike Time, 2015-2019. PLANNING & ECONOMIC DEVELOPMENT □ PUBLIC HEARINGS: □ COMMUNICATIONS: □ UNFINISHED BUSINESS: A. SECOND READING: Marihuana Ordinance. CITY CLERK □ NEW BUSINESS: A. Taser (X26-P) Units for the Police Department. PUBLIC SAFETY □ 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: October 9 2014 We have a number of items on the agenda, and I thought you could use a little background on some of them as you prepare for our meeting next week. 1. We have a number of items under consent. Of them, you’ll notice a FEMA grant to provide smoke detectors, our annual dues for participation in WMSRDC, the donation programs for the local income tax forms (we added the Farmers Market and DMN), and a commitment to allow Bike Time to function as it did in 2014 for the next five years. The Bike Time request will also be on the work session agenda. 2. Under Unfinished Business, we are presenting the medical marihuana ordinance for a second reading. We are recommending no changes from the first reading. From a zoning standpoint, this issue will be before the Planning Commission shortly. 3. Under new business, we will discuss the use of, and purchase of Tasers for the police department. This item will also be on the work session agenda. If there are questions on any agenda items, please try to let staff know in advance, and we will be sure to have the appropriate data/research available at the meeting. Date: October 14, 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 September 23rd City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING SEPTEMBER 23, 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, September 23, 2014. Mayor Gawron opened the meeting with prayer from Vice Mayor Spataro 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. 2014-70 INTRODUCTIONS/PRESENTATION: A. Presentation of Beautification Awards. Mayor Gawron recognized the winners of the Beautification Awards. 2014-71 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes of the September 8th Commission Worksession Meeting, and the September 9th City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Small Wine Maker License – Pigeon Hill Brewing Co., 500 W. Western. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from Pigeon Hill Brewing Company, LLC for a Small Wine Maker License to be located at 500 W. Western, Suite 1. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. C. Roof Maintenance/Repair Fire Station #4 (Robinson Street). PUBLIC SAFETY SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission authorize the amount of $9,600 for the roof repair to Fire Station #4. It was determined that the aging roof was leaking and causing damage to the roof structure, which needs immediate attention. Roofing bids were requested, Mikalan Roof Inc. (sub contracted to Werner & Sons) was selected from the process. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: Repairs to Fire Station #4 roof were requested in the 2014/2015 budget cycle to assure proper maintenance at this fire facility. STAFF RECOMMENDATION: Staff recommends approval of this repair request. E. City-MDOT Agreement for Veteran Park Improvements. ENGINEERING SUMMARY OF REQUEST: Approve a contract with MDOT amending the previously signed contract No. 14-5155 increasing the grant amount by $123,200 by approving the resolution authorizing the Mayor and City Clerk to sign the amended contract No. 14-5519. FINANCIAL IMPACT: No change from what was previously approved since the entire increase is in federal grant. BUDGET ACTION REQUIRED: None at this time as this project was budgeted for, however, the revised cost/grant amount will be reflected in the upcoming budget re-forecast. STAFF RECOMMENDATION: Approve the contract amendment and resolution authorizing the Mayor and Clerk to sign both. F. New Cingular Wireless Third Amended Tower Lease Agreement. PUBLIC WORKS SUMMARY OF REQUEST: Approve the staff negotiated amendment to the contract with New Cingular Wireless to add three more antennas to the Nims Street Water Tower and authorize the Mayor and Clerk to sign said amendment. New Cingular Wireless PCS, LLC a Delaware Corporation and the Department of Public Works have been in negotiations to amend the Second Amendment to the 1998 Lease Agreement for the Nims Street and Marshall Street Water Towers. This third amendment would allow New Cingular Wireless to install, on Nims Street Water Tower only, up to a total of 12 antennas, 3 additional antennas from the current number of 9. FINANCIAL IMPACT: Monthly rental will increase from $7,772.54 per month to $9,077.54 escalating at the rate of 3% annually for the life of the contract which ends in 2018. P AGE | 2 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Third Amendment to the 1998 Lease Agreement and to authorize the Mayor and Clerk to sign. G. Request to Proceed with the Redevelopment Ready Communities Program. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The City of Muskegon is one of eight communities selected to participate in the Michigan Economic Development Corporations (MEDC) Redevelopment Ready Communities program. The program supports communities to become redevelopment ready and to adopt innovative strategies and efficient processes which build confidence among businesses and developers. The MEDC recently released its evaluation of Muskegon and shared the findings at a recent Commission Meeting. The MEDC is requesting a resolution in support of continuing the certification process. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the resolution and to proceed with the Redevelopment Ready Communities program. I. Sale of the Property at 816 Marquette Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Staff is seeking approval to sell the vacant, buildable, residentially zoned lot at 816 Marquette Avenue to James Williams, owner of the multi-family residential complexes at 860 Marquette Avenue. He plans on constructing two more multi-family residential units and an office on the property. The property is 6.1 acres; however, more than an acre of it is undevelopable due to the ravine to the north of the property. FINANCIAL IMPACT: Staff recommends a sale price of $11,000. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval and authorize signature of the purchase agreement and resolution. J. Nims Elevated Storage Tank Interior Coating and Repairs. PUBLIC WORKS SUMMARY OF REQUEST: Authorize staff to award contracts to Seven Painting for the interior painting and miscellaneous repairs to the Nims Street elevated water storage tank and to Dixon Engineering for the project administration, pre- construction meeting and paint inspection services. FINANCIAL IMPACT: Seven Brothers Painting = $204,700 Dixon Engineering = $15,683 P AGE | 3 Total: $220,383 BUDGET ACTION REQUIRED: Budgeted capital improvement for 2014/15. STAFF RECOMMENDATION: Staff recommends acceptance of the bid from Seven Brothers Painting and Dixon Engineering for a total cost of $220,383. Motion by Vice Mayor Spataro, second by Commissioner Johnson to adopt the Consent Agenda as read with the exception of items D and H. ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron Nays: None MOTION PASSES 2014-72 ITEMS REMOVED FROM THE CONSENT AGENDA: D. T.V. Truck and Camera System. PUBLIC WORKS SUMMARY OF REQUEST: The Equipment Division has requested bids from Jack Doheny Companies and Fredrickson Supply Company for a new T.V. Truck and camera system. After several attempts to contact the Aries camera rep from Fredrickson and no return calls, we are requesting permission to purchase the T.V. Truck and camera system from Jack Doheny Companies. FINANCIAL IMPACT: $189,867.95. BUDGET ACTION REQUIRED: Authorize staff to move the budgeted purchase amount from the 2013/2014 budget to the 2014/2015 budget at the time of the first quarterly reforecast. STAFF RECOMMENDATION: Authorize staff to purchase one T.V. Truck and Camera System from Jack Doheny Companies for $189,867.95. Motion by Commissioner German, second by Commissioner Rinsema-Sybenga to authorize staff to purchase one T.V. Truck and Camera System from Jack Doheny Companies for $189,867.95. ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood Nays: None MOTION PASSES H. Sale of the Property at 481 Monroe Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Staff is seeking approval to sell the vacant, buildable, residentially zoned lot at 481 Monroe Avenue to the Shoreline Branch Lions Club. The non-profit organization plans on working in conjunction with Love Community Garden to expand their current community garden. The lot is P AGE | 4 considered buildable because of its size, however; the odd shape of it would make development difficult and would require variances to meet current setback requirements. There are several other City-owned buildable lots in the area. The asking price for the lot is $3,600 and the Shoreline Branch Lions Club is offering $50. FINANCIAL IMPACT: The City would receive $50 and help Love Community Garden expand its operations. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval and authorize signature of the resolution. Motion by Commissioner Turnquist, second by Commissioner Johnson to approve and authorize the signature of the resolution for the sale of the property at 481 Monroe Avenue. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Spataro Nays: None MOTION PASSES 2014-73 PUBLIC HEARINGS: A. Consolidated Annual Performance Evaluation Report (CAPER 2013). COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To conduct a public hearing of the 2013-2014 CAPER projects funded through CDBG and HOME allocations to the City of Muskegon Community & Neighborhood Services Department. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To submit the 2013-2014 CAPER, including any public comments received during the 30-day comment period ending September 25, 2014. The Public Hearing opened to hear and consider any comments from the public. No comments were made. Motion by Vice Mayor Spataro, second by Commissioner German to close the Public Hearing and submit the 2013-2014 CAPER, including any public comments received during the 30-day comment period ending September 25, 2014. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Spataro, and German Nays: None P AGE | 5 MOTION PASSES 2014-74 UNFINISHED BUSINESS: A. Road Millage Resolution. CITY MANAGER Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to approve the amended Road Millage Resolution. ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and Rinsema-Sybenga Nays: None MOTION PASSES 2014-75 NEW BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 703 Amity Avenue 717 Amity Avenue SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structures are unsafe, substandard, a public nuisance and that they be demolished within 30 days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: 703 Amity – General Funds 717 Amity – CDBG Funds BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Hood, second by Commissioner German to concur with the Housing Board of Appeals notice and order to demolish 703 Amity and 717 Amity. ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema- Sybenga, and Turnquist Nays: None MOTION PASSES B. Marihuana Ordinance. CITY CLERK SUMMARY OF REQUEST: The City Commission issued a moratorium on the current P AGE | 6 marihuana ordinance to give staff and counsel the opportunity to review the State law and make changes to be in conformance. An extension of the moratorium was granted because of pending State legislation. Because it’s unknown when the State may take action, staff is recommending to move forward. Applicants will be responsible to pay a $1,500 application fee and a $1,100 renewal fee as well as all inspections required by the Building Inspection and Fire Marshall to ensure public safety of such operations. Signage will not be allowed. Patients growing in their homes for themselves are subject to a $100 application fee and the necessary safety inspections by the Building Inspector and Fire Marshall. The City Clerk will serve as the medical marijuana officer of the community. Facilities used by a primary caregiver are permitted in the following zoning districts: B-2, B-3, B-4, B-5, MC, I-1, and I-2. No facility may be located within 1,000 feet of a preschool, elementary school, middle school or high school. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the ordinance and authorize the fees as outlined above be added to the fee schedule. Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to approve the ordinance and authorize the fees as outlined above be added to the fee schedule. Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga to amend the motion by changing number 6 of Sec. 34-112 to Municipal Civil Infraction. VOTE ON AMENDMENT: ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Johnson, and Gawron Nays: Turnquist MOTION ON AMENDMENT PASSES VOTE ON ORIGINAL MOTION: ROLL VOTE: Ayes: Garwon, Hood, Spataro, German, Rinsema-Sybenga, and Turnquist Nays: Johnson MOTION PASSES (ORDINANCE REQUIRES SECOND READING) PUBLIC PARTICIPATION: Public comments were received. P AGE | 7 ADJOURNMENT: The City Commission Meeting adjourned at 7:19 pm. Respectfully submitted, Ann Marie Cummings, MMC City Clerk P AGE | 8 Date: October 7th, 2014 To: Honorable Mayor and City Commissioners From: Director of Public Safety Jeffrey Lewis RE: Assistance to Firefighters Grant Program - Fire Prevention SUMMARY OF REQUEST: The Director of Public Safety requests that the City Commission review and authorize the acceptance of the Fire Prevention Grant offering (Smoke Alarms). The Muskegon Fire Department submitted and received $10,000.00 (match of 5%) to purchase approximately 1,000 Home Smoke Alarms (lithium-ion battery operated – ten year warranty). The alarms will be offered to the residents of Muskegon, which requires they submit a “home survey” to the NFPA before reception. The alarms will be purchased through Home Depot (Muskegon) that offered a special price offering of $10.05 each. FINANCIAL IMPACT: $ 500.00 supplies as a match to the grant BUDGET ACTION REQUIRED: N/A STAFF RECOMMENDATION: Staff recommends approval of acceptance of the Fire Prevention Grant. AGENDA ITEM NO. ___________ CITY COMMISSION MEETING ________________ TO: Honorable Mayor and City Commissioners FROM: Franklin J. Peterson, City Manager DATE: October 6, 2014 RE: West Michigan Metropolitan Transportation Planning Program (WestPlan) Dues FY2015 (October 1, 2014-September 30, 2015) _______________________________________________________________________ SUMMARY OF REQUEST; To approve the City of Muskegon’s portion of the WestPlan dues, payable to West Michigan Shoreline Regional Development Commission. The agency determines projects and distributes federal transportation funds. FINANCIAL IMPACT: $16,040.00 BUDGET ACTION REQUIRED None STAFF RECOMMENDATION: To approve this request. COMMITTEE RECOMMENDATION: Commissioner Turnquist, who is our representative on WMSRDC, recommends approval. Date: October 8th, 2014 To: Honorable Mayor and City Commissioners From: Director of Public Safety Jeffrey Lewis RE: 2012 (Edition) International Fire Code Adoption SUMMARY OF REQUEST: The Director of Public Safety requests that the City Commission review and authorize the adoption of the 2012 (edition) of the International Fire Code. The new edition addresses safeguarding of life, property from fire, explosion hazards arising from the use and occupancy of building within the City of Muskegon. The new edition has been reviewed and forwarded by the City of Muskegon Fire Marshal’s Office. FINANCIAL IMPACT: N/A BUDGET ACTION REQUIRED: N/A STAFF RECOMMENDATION: Staff recommends adoption of the proposed 2012 edition CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. ____________ THE CITY OF MUSKEGON HEREBY ORDAINS: Chapter 30, Article III, “Fire Prevention Code,” Section 30-191 “Adoption” of the Code of Ordinances of the City of Muskegon is hereby repealed and replaced by the following section: Chapter 30 FIRE PREVENTION AND PROTECTION ARTICLE III. FIRE PREVENTION CODE Sec. 30-191. Adoption. The city hereby adopts the International Fire Code, 2012 edition, including all appendices thereto, as published by the International Code Council, as the Fire Code of the City of Muskegon, in the State of Michigan. The International Fire Code regulates and governs the safeguarding of life and property from fire and explosion hazards arising from the occupancy of buildings and premises; provides for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions, and terms of the International Fire Code on file in the office of the City of Muskegon are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in this ordinance. Copies of the International Fire Code are on file in the office of the City Clerk of the City of Muskegon, and the code is made a part hereof as if fully set forth in this article. If any conflict exists between any provision in the International Fire Code and a provision in the Michigan Building Code, the Michigan Building Code, 2012 edition, shall prevail. This ordinance adopted: Ayes:___________________________________________________________________ Nays:___________________________________________________________________ Adoption Date: __________________________ Effective Date: __________________________ First Reading: ___________________________ Second Reading: _________________________ F:\EDSI\FILES\00100\0182\ORDIN\JK9123.DOC Page 1 CITY OF MUSKEGON By: ________________________________ Ann Cummings City 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 Cummings Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. F:\EDSI\FILES\00100\0182\ORDIN\JK9123.DOC Page 2 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 III, Section 30-191 “Adoption,” whereby the following changes were made: Section 30-191 was amended to adopt the most recent version of 2012 of the International Fire Code, including all appendices. The previous ordinance had adopted an earlier version. 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 F:\EDSI\FILES\00100\0182\ORDIN\JK9123.DOC Page 3 Date: October 7th, 2014 To: Honorable Mayor and City Commissioners From: Director of Public Safety Jeffrey Lewis RE: Taser (X26-P) Units for the Police Department SUMMARY OF REQUEST: The Director of Public Safety requests that the City Commission review and authorize the purchase and implementation of the “Taser x26p” force continuum tool (less than lethal device). The police department is submitting a request for the purchase of twenty-five (25) units (safety yellow), and accessories. The department currently does not have a force continuum tool with the exception of “impact weapons” and “CS gas” (spray). The department believes risk to citizens and police officers may be reduced and research supports a reduction in excessive force claims. The purchase and implementation will be coordinated with officer training, department policy, followed up by “use of force reporting” and supervisory review on all TASER activations. See attachments. FINANCIAL IMPACT: Force Continuum Tool budgeted ($ 31,350.00 units & accessories) *Awaiting award MMRMA “Rapp Grant” funding, $10,000.00 (to be announced in November of 2014) BUDGET ACTION REQUIRED: N/A STAFF RECOMMENDATION: Staff recommends approval of TASER purchase & implementation.
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