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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 23, 2010
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Moratorium on Fees for 2011 Vacant Buildings. PLANNING &
ECONOMIC DEVELOPMENT
C. United States Bicycle Route 35 (USBR35). WATER FILTRATION
D. Budgeted Vehicle Replacement – Five Ford Rangers. PUBLIC WORKS
E. Request to Rescind Previous Commission Authorization and Authorize
Purchase of Four Service Bodies and One Plow. PUBLIC WORKS
F. Amendment to the Zoning Ordinance – Regulations on Fencing.
PLANNING & ECONOMIC DEVELOPMENT
G. Special Events Policy – Revisions. PLANNING & ECONOMIC
DEVELOPMENT
H. Budgeted Equipment Purchase – Combination Sewer and Catch Basin
Cleaner. PUBLIC WORKS
I. Approval of Realtor for NSP Properties. COMMUNITY &
NEIGHBORHOOD SERVICES
J. Reclassification of Water Filtration Plant Supervisor Position. PUBLIC
WORKS
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
A. SECOND READING: Rezoning Request for the Property Located at 1823
Commerce Street. PLANNING & ECONOMIC DEVELOPMENT
NEW BUSINESS:
A. Youth Basketball League and Open Gym & Swim Proposal – Muskegon
Public Schools. PLANNING & ECONOMIC DEVELOPMENT
B. 2011 Salary Schedule for Part-Time and Limited Term Employees and
the 2011 Salary Schedule and Fringe Benefits for Non-Represented
Employees. CITY MANAGER
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 753 Oak Avenue. 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 Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date: November 23, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the November 8th
Commission Worksession Meeting and the November 9th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
November 8, 2010
City Commission Chambers
5:30 PM
MINUTES
2010-91
Present: Commissioners Warmington, Vice Mayor Gawron, Spataro, Wierengo, Shepherd, and
Wisneski.
Absent: Commissioner Carter.
Blueways and Greenways.
Erin Kuhn and Kathy Evans presented the Blueways and Greenways plan. The Plan was funded
in part by the Michigan Coastal Management Program, Michigan Department of Natural
Resources and Environment through a grant from the NOAA, and leveraged with a lake
Michigan Watershed Academy grant from the Chicago Metropolitan Agency for Planning and
the U.S. EPA.
Definitions: A Greenway is an undeveloped land usually in cities, set aside or used for
recreation or conservation. A Blueway is a body of water that features public access,
recreational opportunities, and promotes interaction with the water. A Green Infrastructure is
an interconnected network of open spaces and natural areas, such as greenways, blueways,
wetlands, parks, and forests that contribute to the health and quality of life for communities and
people.
Comprehensive Annual Financial Report.
Eric VanDop and Tim Arter of Brickley Delong were in attendance to present the shortened June
30, 2010 six month Comprehensive Annual Financial Report.
Wastewater Management Contract.
Robert Kuhn, former DPW Director, provided a history of the current Wastewater Contract and
what the new Wastewater Management Contract will offer the City.
Dave Wendtland, former City Manager and resident at 1399 Nelson, agreed with the comments
made by Robert Kuhn. The contract being offered is better than the current contract as is.
Scott Huebler, City Manager for the City of Whitehall, believes the agreement will serve
everyone well.
This item will be taken up at a future Commission meeting.
City Investment Overview.
Tim Paul, Finance Director, gave a detailed explanation and short history of the City’s
investments. The City’s priority is to make sure the funds are safe, the funds are accessible, and
what the yield will be.
Special Events.
Tony Kleibecker, Public Safety Director, presented a draft Special Events Policy submitted by
staff.
The Commission will review the policy and discuss it at a future meeting.
Any Other Business.
Comments were received from Commissioners and audience members.
Closed Session: Attorney/Client Privileged Communication.
Motion by Vice Mayor Gawron, seconded by Commissioner Shepherd to go into closed
session for attorney/client privileged communication.
ROLL CALL VOTE:
Ayes: Wierengo, Wisneski, Gawron, Shepherd, Spataro, and Warmington.
Nays: None.
MOTION PASSES
Motion by Commissioner Wierengo, seconded by Commissioner Shepherd to come out of
closed session.
MOTION PASSES.
Adjournment.
Motion by Vice Mayor Gawron, seconded by Commissioner Shepherd to adjourn at 7:45
p.m.
MOTION PASSES
________________________
Ann Marie Becker, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 9, 2010
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, November 9, 2010.
Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word Church of Muskegon after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2010-92 HONORS AND AWARDS:
A. 2010 Employee Service Awards. CIVIL SERVICE
David Wendtland, Civil Service Commissioner, introduced the City employees.
The Mayor and Commissioners thanked them for their years of service.
2010-93 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the City Commission Meeting
that was held on Tuesday, October 26, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Contractual Agreement – Michigan Department of State. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into an agreement with the Michigan Department of State whereby the
Department of State will provide driver, vehicle, and related information to the
City. The purpose for entering into this agreement is to assist code enforcers with
obtaining accurate information to meet district court requirements when
completing civil infraction citations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
C. Liquor License Request – Ingalls Business Acquisition, Inc., 555 W.
Western. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Ingalls Business Acquisition, Inc., 555 W.
Western (Mikes Inn) for a New Entertainment Permit to be held in conjunction
with 2010 Class C Licensed Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
E. Fireworks Display Permit. CITY CLERK
SUMMARY OF REQUEST: Lisa Lohman, Performers of the U.S., is requesting
approval of a fireworks display permit for November 17th at the Muskegon
Lumberjacks game. Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks and approval
of the insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
F. Transmittal of 6/30/10 Comprehensive Annual Financial Report.
FINANCE
SUMMARY OF REQUEST: The City's 6/30/10 Comprehensive Annual Financial
Report (CAFR) has previously been distributed to City Commissioners. This audit
covers the six month transition period that was needed for the City to change its
fiscal year. At this time the CAFR is being formally transmitted to the Commission
in accordance with state law. The CAFR has been prepared in accordance with
GASB accounting standards. The CAFR also includes the single-audit of federal
grants received by the City.
FINANCIAL IMPACT: None. The CAFR report summarizes the City’s financial
activities for the six-month transition period and includes the independent
auditor’s unqualified opinion on the City’s financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the CAFR for the period ended
6/30/10.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Consent Agenda as read minus item D.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
2010-94 ITEM REMOVED FROM THE CONSENT AGENDA:
D. Liquor License Request – Carlie & Tracy’s Saugatuck Breeze, LLC, 151
Shoreline Drive. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Carlie & Tracy’s Saugatuck Breeze, LLC for
a New Resort Class C License to be issued under MCL 436.1531(3) with
Entertainment Permit, Outdoor Service (1 Area), New Dance Permit, Official
Food, and Three Additional Bar Permits (Total of 4) to be located at 151
Shoreline Drive.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the liquor license request for Carlie & Tracy’s Saugatuck Breeze, LLC, 151
Shoreline Drive.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2010-95 PUBLIC HEARING:
A. Request for an Industrial Facilities Exemption Certificate – Fleet
Engineers. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Fleet
Engineers, 1800 E. Keating Ave., has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The company plans on making investments
of $1,145,863 in personal property improvements and $517,157 in real property
improvements. Under the City’s IFT policy, they are eligible for a twelve-year
abatement on real property and a six-year abatement on personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of twelve years on real property and
six years on personal property.
The Public Hearing opened to hear and consider any comments from the
public. Wes Eklund, 481 Seminole, President of Fleet Engineers answered
questions from the Commission. No public comments were made.
Motion by Commissioner Spataro, second by Commissioner Wierengo to close
the Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of twelve years on real property and six years
on personal property for Fleet Engineers.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
Shepherd
Nays: None
MOTION PASSES
2010-96 UNFINISHED BUSINESS:
A. SECOND READING: Amendments to the Zoning Ordinance – Modify
Parking Restrictions. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2326 (Off-Street
Parking and Loading) of Article XXIII (General Provisions) to modify parking
restrictions in the downtown parking overlay district. The amendment would
loosen the parking restrictions for small businesses that locate in to a previously
existing building.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 14th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the amendments to the Zoning Ordinance to modify parking restrictions.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
2010-97 NEW BUSINESS:
A. Approval of Sale of City-Owned Home at 940 Wood. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services Department to complete the sales transaction between
Mr. Kenneth Baird for the totally rehabilitated home at 940 Wood, which is part
of the City’s Neighborhood Stabilization Program through the Michigan State
Housing Development Authority Office of Community Development. Mr.
Kenneth Baird’s purchase price is $48,500 with a subsidy of not more than
$15,000.
Our beautiful four bedroom, two and one-half bath home was previously
blighted and visibly an eye-sore for the neighbors. As a part of the City’s
continuous neighborhood redevelopment efforts, the house was purchased by
the CNS office from the Land Bank with NSP funds and completely rehabilitated
with a newly constructed garage all funded with NSP dollars.
FINANCIAL IMPACT: The proceeds from the sale will be used to cover any extra
costs associated with this rehab and to sustain our current investments under
NSP program activities. Program income funds will be posted in MSHDA’s OPAL
reporting system for the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the sale of the City-owned home at 940 Wood Street and direct the
CNS staff to complete the sale.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. Rezoning Request for the Property Located at 1823 Commerce Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 1823 Commerce
from B-4, General Business District to B-5, Governmental Service District, by West
Michigan Therapy. The applicant would like to run a Transitional Living Center at
this location.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 14th meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the rezoning request for the property located at 1823 Commerce Street.
ROLL VOTE: Ayes: Shepherd, Warmington, Wierengo, Wisneski, and Carter
Nays: Spataro and Gawron
MOTION PASSES – REQUIRES SECOND READING
C. Master Contract for the Muskegon County Wastewater System. CITY
MANAGER
SUMMARY OF REQUEST: To consider approving the proposed Master Contract
for the Muskegon County Wastewater System. This contract would replace the
1970 Access Rights Agreement and the 1998 Amended Service Agreement.
FINANCIAL IMPACT: The contract will be the basis for determining the
wastewater rates charged to the City for the next 20(+) years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
resolution as presented.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
D. Muskegon Summer Celebration Request. CITY MANAGER
SUMMARY OF REQUEST: Muskegon Summer Celebration is requesting to pay for
City services rendered in 2010, over the next three years (2011-2013) in equal
installments.
FINANCIAL IMPACT: $70,621.50 is owed.
BUDGET ACTION REQUIRED: The 2010-2011 Budget would need to be amended
to reflect this change.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Muskegon Summer Celebration request.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:53 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Commission Meeting Date: November 23, 2010
Date: November 8, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Moratorium on fees for 2011 Vacant Buildings
SUMMARY OF REQUEST: Request to approve a moratorium on fees
charged to owners of vacant buildings that are entering their third year
billing cycle in 2011. Eligibility requirements for the moratorium of fees
charged are proposed to remain the same as approved for the 2010
calendar year, but intended to apply only to buildings in their third year
billing cycle. Waivers would be determined based on the criteria
included on the attached staff memo.
FINANCIAL IMPACT: Exact amount unknown but should be minimal.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of a fee
moratorium for vacant building invoices meeting the approved criteria.
COMMITTEE RECOMMENDATION: None
Planning Department
Memo
To: Honorable Mayor and City Commission
Cc: Bryon Mazade, City Manager
From: Mike Cameron
Date: November 8, 2010
Re: Vacant Building Registration Conditional Fee Moratorium
In November of 2009, after meeting with the city commission, staff proposed a conditional
moratorium of fees for building owners that were about to receive their second invoices in the
program for the year 2010. The purpose of the conditional moratorium was to ease the
burden of our vacant building registration program fees upon property owners that had highly
maintained properties in excellent condition and that simply could not market their properties,
but had placed the property for sale, rent or lease using professionals to market their building
for them. After further discussion with the commission, it was also felt that the properties
should meet certain other criteria, as listed below, to be eligible in 2010.
A property has already been invoiced at the first level and meets the criteria below to qualify
for a moratorium of fee:
1. All taxes & fees, such as property taxes, mowing charges, past vacant building registration
fees, landlord registrations, business registrations and any other applicable fees, must be fully
paid and current.
2. All city supplied utilities for the property must be fully paid.
3. There were no environmental letters sent to the address or work performed at the address in
the vacancy years in question.
4. The building owner can demonstrate that they have made recent investments in the vacant
building during the vacancy period or in the case of a building in good condition, they have
continued to provide the necessary financial support for the building to be in usable and move-
in condition.
5. The property has been listed for sale, rent or lease with a professional realty firm during the
past vacancy period and is currently listed for sale, rent or lease with a professional realty firm.
The impact of the conditional moratorium of fee program was not overwhelming for staff to
administer, with relatively few properties qualifying for the waiver. While the actual number of
approved moratorium requests was small at 13 buildings, staff feels the program was a
worthy safety valve for those attempting to do everything right, yet were facing a second
invoice and had a building in move-in condition, but were just victims of the market
conditions. With the market conditions still poor, there could be many buildings that have
been unable to be sold or occupied in 2010, even if validly marketed.
Staff believes a moratorium of fee, with the same conditions and intent as used in 2010,
could be initiated for the year of 2011. The only difference from last year would be that this
moratorium of fee would be intended to impact only the structures that are being invoiced a
third time, at the third year vacant rate, in 2011.
Date: November 23, 2010
To: Honorable Mayor and City Commission
From: R. Veneklasen
RE: United States Bicycle Route 35 (USBR35)
SUMMARY OF REQUEST:
To make resolution supporting the development of United States Bicycle
Route 35 through the City of Muskegon.
FINANCIAL IMPACT:
None. This is a mapped route with optional signage.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends the Mayor and City Commission make the resolution
in support for the development of US Bicycle Route 35 through the City
of Muskegon.
MEMORANDUM
11/11/10
TO: M. AL-SHATEL, DPW DIRECTOR
FROM: R. VENEKLASEN, WATER FILTRATION
RE: US BICYCLE ROUTE 35
The United States Bicycle Route 35 (USBR 35) is a mapped bicycle route
planned to facilitate non-motorized travel in the State of Michigan from New
Buffalo in the south to Sault Ste. Marie in the north. The route in Michigan is the
most northerly portion of the route between Baton Rouge, Louisiana and Sault
Ste. Marie, Michigan. This route is one of many routes being planned and
eventually designated across the United States.
USBR 35 is planned to pass through the City of Muskegon largely by use of the
Shoreline Trail. From the south the route begins at the intersection of
McCracken Street and Sherman Avenue. It proceeds north to the Shoreline Trail
trailhead adjacent to the Grand Trunk boat launch site. The route follows the
Shoreline Trail to its northern terminus at the Muskegon River border with North
Muskegon.
A public hearing for USBR 35, coordinated by the West Michigan Regional
Shoreline Development Commission, was recently held to obtain public comment
and input on the proposed route. There was no input or comment suggesting a
change in the proposed route through the City.
Upon obtaining resolutions of support from the local governing agencies, through
which the route passes, the proposed route is sent to the Michigan Department
of Transportation for approval at the State level. Once approved the proposed
route is sent to the American Association of State Highway and Transportation
Officials (AASHTO) for final approval and designation.
It is my recommendation the Mayor and City Commission pass a resolution in
support of USBR 35 as proposed to facilitate bicycle travel and tourism in the
City of Muskegon.
America’s bicycle travel experts
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PROPOSED US BICYCLE ROUTES
Sault Ste.
Ironwood Marie
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PROPOSED US BIKE ROUTE
(
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BENZIE
Proposed US Bike Route 35 GRAND
TRAVERSE
Proposed US Bike Route 35 Alt. Rte.
Proposed US Bike Route 20
Manistee
PROPOSED US BIKE ROUTE TYPE (
!
MANISTEE
Non-Act 51 Certified Road
Luther
Trunkline Highway
(
!
Ludington CLARE
(
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City-Owned Road MASON LAKE OSCEOLA
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County-Owned Road
(
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Off-Road Path Hart BAY
Bay
(
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!City
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PROPOSED US BIKE ROUTE CORRIDOR
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US Bike Route 25
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!Muskegon
US Bike Route 30 Brown
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US Bike Route 10 Grand
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US Bike Route 36
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.
Produced by
Intermodal Policy Division
0 15 30 60 90 Michigan Department of Transportation
July 2010
Miles www.michigan.gov/mdot
Ph: (517) 241-2277
Resolution No. ____
City of Muskegon
Resolution in Support of
U. S. Bike Route 35 in a Community
Whereas, bicycle tourism is a growing industry in North America, contributing $47 billion a
year to the economies of communities that provide facilities for such tourists; and
Whereas, the American Association of State Highway and Transportation Officials (AASHTO)
has designated a corridor along the western shore of the Lower peninsula of Michigan
connecting to Sault Ste. Marie to be developed as United States Bicycle Route 35 (USBR 35),
and
Whereas, a coalition of planning organizations, the League of Michigan Bicyclists, the
Michigan Trails and Greenways Alliance, and the Adventure Cycling Association, with the
cooperation of the Michigan Department of Transportation (MDOT) and other stakeholders,
have proposed a specific route to be designated as USBR 35, a map of which is herein
incorporated into this resolution by reference, and
Whereas, the proposed route for USBR 35 comes through Muskegon and can therefore provide
a benefit to our residents and businesses, and
Whereas, we have investigated the proposed route and found it to be a suitable route, and
desire that the route be designated so that it can be mapped and signed, thereby promoting
bicycle tourism in our area;
Now Therefore Be It Resolved that the City of Muskegon hereby expresses its approval and
support for the development of USBR 35, and requests that the appropriate officials see to it that
the route is officially designated by AASHTO as soon as this can be achieved, and authorizes the
posting of signs within the Muskegon right-of-way identifying the route through the community
once the official designation has been made.
Adopted this 23rd day of November 2010.
______________________________
Stephen J. Warmington, Mayor
______________________________
Ann Marie Becker, MMC, City Clerk
Date: 11/23/10
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Authorize DPW staff to purchase five Ford
Rangers from Great Lakes Ford.
FINANCIAL IMPACT: Total Cost $67,885.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 11/23/10
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of five small
pickup trucks for this year. These vehicles will be used by the
Inspections Department to police neighborhoods for code violations and
to do plumbing, mechanical, and electrical inspections.
We have requested prices from area dealers as well as the statewide
purchasing contracts. Attached is a summary of the bids.
In accordance with established purchasing policy, we are requesting
permission to purchase five Ford Ranger trucks from Great Lakes Ford.
1
Equipment Purchase 2010-2011
State Bid Great Lakes Ford Fremont Ford
3942 W. Lansing 2469 E. Apple Ave 7148 W 48th
Type of Vehicle Perry Mi 48872 Muskegon Mi 49442 Fremont ,Michigan
2011 Ford Ranger $13,774.00 $13,577.00 $13,916.55
Price for 5 $ 68,870.00 $ 67,885.00 $ 69,582.75
Date: 11/23/10
To: Honorable Mayor and City Commission
From: DPW
RE: Request to Rescind Previous Commission
Authorization and Authorize Purchase of Four
Service Bodies and One Plow
SUMMARY OF REQUEST:
Rescind commission agenda item #2010-87G, that occurred on October 12,
2010 authorizing staff to purchase 5 service bodies from Arista Truck Systems
and 1 plow from Hoekstra Equipment due to improper bid tabulation.
Furthermore, it is respectfully requested that DPW staff be authorized to
purchase four (4) service bodies from Arista Truck Systems instead of the
previously approved five (5) and one (1) plow from Muskegon Brake who was
the lowest bidder.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Rescind commission agenda item # 2010-87G
from October 12th, 2010 meeting and authorize staff to purchase four service
bodies and one plow.
Hoekstra Arista Truck Systems Truck & Trailer Muskegon Brake
Type of Purchase 280 36th St. 5125 Clay Ave. 6726 Hanna Rd 848 Broadway
Grand Rapids Mi. Grand Rapids Mi. Dutton Mi. Muskegon Mi
Utility Boxes $5,475.00 $5,289.00 $6,674.00
Total for 4 $21,900.00 $21,156.00 $26,696.00
1 8' poly snow plow $4,450.00 $4,750.00 $4,432.00
Commission Meeting Date: November 23, 2010
Date: November 16, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Special Events Policy- Revisions
SUMMARY OF REQUEST: City staff is recommending several modifications to the Special
Events Policy. Some of these revisions include fee changes, earlier submission deadlines
and costs for City equipment and labor. In addition, for any events with approved street
closures, the closures must not occur until 12:01 a.m. the day of the event and the streets
must be open to traffic by 6:00 a.m. the day after the event.
FINANCIAL IMPACT: The application fee has increased to a minimum of $100 for events
held between April 15 and September 30. Also, all City staff time will be charged to the
event, as well as equipment rental (with the exception of recognized Neighborhood
Associations and Veteran Groups).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the revised City of Muskegon Special Event
Policy.
COMMITTEE RECOMMENDATION: The City Commission Work Session reviewed the
revised Policy at their November 8 meeting and recommended that it be presented to the
Commission for approval on November 23, 2010.
CITY OF MUSKEGON
SPECIAL EVENT POLICY
Revised November 2010
INTRODUCTION
The City of Muskegon receives many requests from organizations to supply various
services for special events. While there are several City departments involved in the special event process,
this policy centralizes the administration of special events with the City’s Planning Department, and provides
rules and regulations to govern both the granting of the special event request and the on-site administration of
the event. A Special Event Application is required for any public events held on City property. Events held
on private property that do not utilize any City services may not require a Special Event Application.
For events with alcohol, applicants must submit a liquor license application to the Muskegon Police
Department, in addition to completing the Special Event Application, if required. Liquor license
approval is a separate process from the Special Event Application, with separate fees and regulations. The
final authority for signing special liquor licenses is with the Public Safety Director. Requests to serve liquor
at an event will also require City Commission approval. For liquor license regulations and information,
please visit the State of Michigan’s website at www.michigan.gov/dleg.
SPECIAL EVENT APPLICATION PROCEDURE
I. Special Event Application (“Application”) Submission & Fee Schedule
All Applications shall be filed with the Planning Department at least sixty (60) days prior to the event, along
with the required proof of insurance for the event naming the City as additional insured [see Schedule B for
insurance requirements].
The non-refundable administration fee for Special Event Applications is as follows:
Events occurring during peak event season Events occurring outside of peak season
April 15 – September 30 January 1 – April 14 & October 1 – December 31
Applications submitted prior to April 15 will receive a
50% discount off the regular fee.
$100 fee for applications submitted 60 days or more
$50 fee for applications submitted 60 days or more
prior to the event date (if application is submitted by
prior to the event date
April 15, this fee is reduced to $50)
$250 fee for applications submitted 59-45 days prior $200 fee for applications submitted 59-45 days
to the event date prior to the event date
$400.00 fee for applications submitted 44-30 days $300.00 fee for applications submitted 44-30 days
prior to the event prior to the event
Applications submitted less than 30 days prior to $500 fee for applications submitted less than 30
the event date will not be accepted. days prior to the event
Failure to submit an Application within 60 days of the event may result in denial of the application.
Special Event permit application fees will be waived for Veteran Groups, per the City Commission. In
addition, the City’s recognized Neighborhood Associations are entitled to one application fee waiver per
year, in addition to National Night Out festivities, provided that the application is submitted to the Planning
Department at least 30 days in advance of the event date. Rental fees may be waived for City equipment
transported by neighborhood association representatives.
The Special Event Application shall be in writing and must be submitted on the appropriate form. The City
of Muskegon Request for Special Event form can be found on the City’s website at www.muskegon-mi.gov,
or you may call 231.724.6702 to have one mailed to you, or you may visit the Planning Department on the
2nd floor of City Hall. If your event will require City services (e.g. picnic tables, barricades, police services),
you must also complete Part II, Schedule A of the Special Event Application, indicating which items you are
requesting. Please keep in mind that there may be additional costs for these items and/or services. See
-1-
Schedule A (pg. 4) for fee estimates. You are welcome to provide your own equipment (tables, trash cans,
etc.) instead of renting City equipment.
Block Parties & Similar Events. The City is not inclined to approve applications for these types of events
where the closure of City street(s) is requested. We encourage the use of City parks for these gatherings.
Labor Day Weekend – No applications will be accepted for events over the Labor Day weekend (Friday,
Saturday, Sunday, and Monday), with the exception of the traditional Labor Day Parade.
II. Event Requirements
All special event permittees agree to the following:
(a) Police Officers. While a Police Officer's presence may not be required at all special events, it
shall be the discretion of the Public Safety Director as to whether or not, and how many, city police officers
will be required at any event. The Special Event Applicant Organization will be responsible for payment of
officer(s) service based on the time-and-one-half or triple time established rate plus benefits and overhead
costs. See Schedule A for fee estimates. If the event is cancelled with less than 72 hours notice, the
Applicant is still responsible for paying two hours’ pay per officer, per contract requirements.
(b) Insurance. Where the event is being held in the City of Muskegon, the applicant must provide
an amount of insurance as set by the City for general liability insurance, naming the City as an additional
insured. The language shall read as follows:
The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards, commissions
and/or authorities and board members, including employees and volunteers thereof are listed as additional
insured under the general liability and auto liability policies. The City of Muskegon is held harmless with
regard to the General Liability Policy.
You may use an insurance agent of your choice. An acceptable certificate of insurance must be
submitted prior to event approval. See Page 4, Schedule B for the amount of insurance required.
(c) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e. portable
toilets) including handicapped-accessible facilities per ADA requirements.
(d) Digging & Staking. Digging or staking into paved areas, including roadways, sidewalks, and
public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared through
Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is responsible for
contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior to event set-up. The
applicant will also be responsible for paying an electrician to locate underground City electrical lines, if
required. The Applicant Organization will be responsible for the cost of any damages to underground
utilities caused by digging or staking.
(e) Electrical and Water Hook-up The applicant must adapt to electrical power available on-site,
or provide their own generator. There may be additional labor charges if City staff time is required for water
hook-up. It is the responsibility of the applicant to provide acceptable hoses for potable water usage, which
meet Health Department requirements.
(f) Inspections. The event location is subject to all building, plumbing, mechanical, electrical, and
fire codes. The permittee will schedule an inspection by any and all required inspectors and pay the
inspection fee(s) as set by the City Commission in the adopted fee schedule. It may be possible that a fire
watch will be required by the Fire Marshal. The permittee is responsible for all costs associated with
providing this service, including but not limited to current wage rate plus benefits and all overhead costs.
(g) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths,
vendors, or equipment shall be set up in the roadway prior to 12:01 a.m. the day of the event. All signs,
tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m. the day after the
event.
-2-
(h) Site Clean-up. Where an event is held on City-owned or -controlled property, the Applicant
shall be responsible for clean-up of City facilities after the event, and for providing a dumpster. If the event is
on private property, clean-up shall be the responsibility of the property owner. The City shall have the right
to enforce cleanup measures, including but not limited to, entry and cleaning of property by City personnel,
and charging and liening the cost to the owner, occupant, applicant or all of those. In the case of repeat
problems with clean-up for any particular event, the City may require a cleaning deposit prior to event
approval.
(i) Merchandise Sales. Sales of all items for Special Events must be out of the public right-of-way,
unless prior authorization is received. Exempted items are listed in paragraph (j) below.
(j) Street Sales. Street sales of newspapers, poppies, etc. shall not be allowed except for those
events that have existed before September 1, 1996, which will be allowed as long as they exist. These events
include: The Old Newsies, Muskegon High School Band Tag Sale, The Veteran’s Poppy sale, and the
Kiwanis.
(k) Compliance with all regulations. Special Event applicants are responsible to ensure that all
applicable laws and ordinances are followed. Failure to comply with all city ordinances, rules and regulations
may result in the denial of future special event requests.
III. Special Event Application Processing
(a) Application Intake. Planning Department staff shall be responsible for intake of Special Event
Applications and dissemination to appropriate City staff for review and approval.
(b) Application Denial. Where City staff reviews an Application and denies same, it shall state in
writing the reasons for the denial. An appeal of that decision may be made to the City Commission, whose
decision shall be final.
(c) Unpaid Invoices. Any past due fees/invoices owed to the City may result in the denial of the
Application and/or future Special Event requests.
(d) Street Closures/Barricading. Requests that include road closings/barricading shall require
approval of the Public Safety Director and the DPW Superintendent. Planning staff will forward these
requests to the appropriate personnel once the Special Event Application and fee are submitted. The
applicant will be responsible for all associated costs, which may include barricades and police services. City
Commission approval may be required in some cases. If a street closure is approved for an event, the
Applicant must provide written notification to all businesses and residences located on the street(s) to be
closed at least 10 days prior to the event date. Streets shall not be closed prior to 12:01 a.m. the date of the
event, and must be open by 6:00 a.m. the day following the conclusion of the event. Street closures will not
be approved for block party-type events.
(e) Runs/Walks. For races, runs, walks, or parades, the Applicant must provide a map with the
Application, showing the proposed route. In addition, if any streets will be closed or partially closed, the
Applicant must provide written notification to all residences and businesses on those streets at least 10 days
prior to the event date. Event organizers shall meet with City staff to discuss the race route at least 15
business days prior to the event.
(f) Site Plan. The City may require submittal of a site plan showing the event grounds and the
location of tents, vendors, portable toilets, and other structures.
(g) Meetings. City staff may require a meeting with event sponsors, where staff needs clarification
of service(s) requested. Failure to attend the meeting may result in denial of the application.
-3-
IV. Use of City Equipment & Labor
(a) The City has some items available for rent for special events. See Schedule A for available
items & estimated rental fees. You are not required to rent City equipment; you may provide your own.
(b) The Applicant may be responsible for City employee labor costs to move City equipment to and
from the event location. See Schedule A for fee estimates. You may be able to eliminate or reduce this cost
by transporting equipment yourself. Arrangements must be made with the City’s DPW Superintendent or
Parks Maintenance Supervisor.
(c) There is a stage in Hackley Park available for events held in the Park. The stage is up from
approximately the beginning of June until mid-August. There is no additional fee for use of the stage, as
long as your event is held in the Park. The stage is not to be removed from Hackley Park.
########
SCHEDULE A – CITY EQUIPMENT AVAILABLE FOR RENT
Item:
55-gallon metal trash cans
Plastic trash bags (by the case)
Snow fence (wood)
Fence posts
Picnic tables
Only the items listed above are available from the City for event use. Labor charges may be added to
equipment rental fees if delivery and/or pick-up of equipment is required.
Current equipment rental and labor rates can be found on the City of Muskegon Fee Schedule on the City’s
website at www.muskegon-mi.gov.
SCHEDULE B – LIABILITY INSURANCE REQUIREMENTS
• LOW RISK (L) - Requires $300,000 liability insurance coverage.
No physical activity by participants and no severe exposure to spectators. Examples of low-risk events include
such things as indoor or outdoor meetings, small theatrical performances, auctions, and social gatherings (with
no alcoholic beverages).
• MEDIUM RISK (M) - Requires $500,000 liability insurance coverage.
Limited physical activity by participants and minimal exposure to spectators. Examples of medium-risk events
include dances, animal shows, political rallies, flea markets, picnics, parades with no floats, and family type
concerts. Also included is any event with a crowd size of 500 to 10,000.
• HIGH RISK (H) - Requires $1,000,000 liability insurance coverage.
Major participation by participants and/or moderate to severe exposure to spectators. Events in this category
include team or individual sporting events (non-professional), circuses and carnivals with rides, parades with
floats, and marathons or similar races. Also included is any event with a crowd size of over 10,000 but under
25,000. Examples of events requiring high risk insurance coverage are: Parties in the Park, Summer
Celebration, Bike Time, Chronicle Seaway Run, Winterfest, and most events with alcohol licenses.
Language on the insurance certificate shall read: ”The City of Muskegon, all elected and appointed officials, all
employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers
thereof are listed as additional insured under the general liability and auto liability policies. The City of Muskegon is held
harmless with regard to the General Liability Policy.”
-4-
Date: 11/23/10
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Equipment Purchase
SUMMARY OF REQUEST: Authorize staff to purchase 1 combination sewer
and catch basin cleaner from Jack Dohney Supplies.
FINANCIAL IMPACT: $322,165.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff.
Memorandum
To: Honorable Mayor and Commissioners
From: Brett Kraley
Date: 11/23/10
Re: Budgeted Equipment Purchase
The Equipment Division solicited bids for a combination sewer and catch basin
cleaner to replace the 1994 machine that we sold in 2009. This unit is used to clean
both sanitary and storm sewers and to clean catch basins and cut roots to keep the
sewers flowing.
Two companies submitted bids: Jack Doheny Supplies out of Northville,
Michigan and Southeastern Equipment out of Holt, Michigan. Southeastern was not
able to supply a machine that uses a fan compressor which is very important to the
catch cleaning aspect. Therefore we are recommending the unit from Jack Doheny
Supplies.
In accordance with established purchasing policy, we are requesting permission to
purchase 1 combination sewer and catch basin cleaner from Jack Doheny Supplies.
Commission Meeting Date: November 23, 2010
Date: November 16, 2010
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Realtor for NSP Properties
____________________________________________________________________________________________
SUMMARY OF REQUEST: To approve Exit Lakeshore Realty to be used by the
City of Muskegon on NSP properties.
FINANCIAL IMPACT: The funding for any projects the realtor would be used for
would come out of the funds the house was originally established under: CDBG,
HOME or NSP1.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Exit Lakeshore Realty for Community
and Neighborhood Services office.
COMMITTEE RECOMMENDATION: None required.
Date: November 23, 2010
To: Honorable Mayor and City Commissioners
From: DPW
RE: Reclassification of Water Filtration Plant Supervisor Position
SUMMARY OF REQUEST:
Change the classification of the Filtration Plant Supervisor Position from Range V to
Range IIIB. This proposal will result in a net annual saving to the City of over $2,000 in
addition to enhancing the City’s ability to attract more qualified candidates to fill the
vacant position resulting from Bob Veneklasen’s retirement. The savings are in the
form of modifying the position to a salary based position without any additional on-call
and/or overtime compensation which we currently pay.
FINANCIAL IMPACT:
None at this time
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the reclassification of the Filtration Plant Supervisor Position from Range V to
Range IIIB.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: November 23, 2010
Date: November 15, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Youth Basketball League and Open Gym & Swim
Proposal- Muskegon Public Schools
SUMMARY OF REQUEST: Staff has been working with the Muskegon Public
Schools (“Schools”) in an effort to transition the Youth Basketball League and Open
Gym & Swim (formerly supervised by the City Leisure Services Department) to the
Schools. This is a logical transition, as the public school buildings were used for the
programs and the majority of those attending have been students of Muskegon
Public Schools. Although it is too late to start the program this fall, the Schools have
submitted a proposal that would include both boys and girls basketball in the
winter/spring. Open Gym & Swim would be held during this time, as well. The
Commission is requested to approve the attached proposal and authorize staff to
enter into a formal agreement with the Schools for oversight of these two programs.
FINANCIAL IMPACT: In 2009, the City spent approximately $14,500 for the
basketball program (while receiving approximately $4,100 in revenue). The City
spent approximately $11,000 for the Open Gym & Swim program. These amounts
do not reflect administrative costs. The Schools are offering to conduct the programs
for $18,500. They may require a lesser amount if the City provides equipment, etc.
BUDGET ACTION REQUIRED: Funds are available through the Leisure Services
budget.
STAFF RECOMMENDATION: To approve the “Youth Basketball League and Open
Gym & Swim Proposal” and authorize staff to enter into a formal agreement with the
Schools.
November 2, 2010
Youth Basketball League and Open Gym and Swim Proposal
From: Muskegon Public Schools
To: The City of Muskegon
Muskegon Community Education is continually looking for new ways to “reach
out and change lives” in our community. Collaborating with the City of Muskegon to
offer safe, positive after school recreational opportunities for our students offers that
opportunity. The proposal detailed below describes what a short-term partnership
between the City and MPS could “look” like. Please note: this proposal is not intended to
reflect previous conversations regarding year-round partnership.
Proposal:
1) The MPS Youth Support Services Office located @ MCEC, Room 214 would
administer the following programs: Open Gym and Swim, and the Youth
Basketball League. These programs would run between January 2011 and
May 2011.
2) Muskegon Public Schools will handle all publicity and recruiting for both
programs. We will place radio ads, send information home with students, post
information in school buildings, and post on our website.
3) The City of Muskegon would contribute $18,500 towards this partnership.
The money would be used for the following: program administration and
supervision, custodial services, supplies/materials and support personnel (i.e.
lifeguards, referees). We would also request that the City of Muskegon post
pertinent information regarding these programs on their website as well.
a. The amount of $18,500 assumes that Muskegon Public Schools would
have to purchase all new equipment and supplies. That amount could
decrease if the City of Muskegon has supplies and/or equipment to
reduce that expenditure.
Program Descriptions:
Youth Basketball League
1) Boy’s and girl’s basketball seasons would run concurrently for a six-week
regular game schedule and a two-week tournament schedule to conclude the
season. It is our intention to serve 300 students that reside in the City of
Muskegon during the course of this league.
2) Student registration fee would remain at $25 per student to include: game t-
shirt, participant medals and trophies tournament champion team. (Shorts can
be purchased for an additional $7.)
3) Muskegon Community Education will accept responsibility for all
administrative and supervisory obligations for the Youth Basketball League
program.
Open Gym and Swim
1) Open Gym and Swim will be offered for three hours every Saturday and
Sunday for an eight-week period of time. It is our intention to serve at least
1000 residents of the City of Muskegon during the course of this program.
2) Muskegon Community Education will accept responsibility for all
administrative and supervisory obligations for the Open Gym and Swim
program.
Muskegon Public Schools looks forward to further conversation regarding this proposal.
It is in the interest of both agencies that we offer quality programming to our community
without duplicating services.
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING November 23, 2010
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 16, 2010
RE: 2011 Salary Schedule for Part-Time and Limited-Term Employees and the
2011 Salary Schedule and Fringe Benefits for Non-Represented Employees
SUMMARY OF REQUEST:
1) To establish the 2011 salary ranges for part-time and limited-term employees;
2) To approve and adopt the proposed salary ranges and salary schedules for the non-
represented administrative, technical, professional, and supervisory employees for 2011
(1.0% increase);
3) Increase the employee health insurance bi-weekly premium co-pay from $20.00 to $30.00.
FINANCIAL IMPACT:
1) None. No changes are proposed;
2) The salary increases will cost approximately $23,000, plus approximately $6,000 in added
fringe benefit costs;
3) City cost savings of approximately $10,000.
BUDGET ACTION REQUIRED:
To authorize the necessary 2011 budgetary amendments and transfer of money from the affected
City funds (Contingency Account for General Fund) to the appropriate salary and fringe benefit
accounts to accommodate the salary increases and fringe benefit adjustments.
STAFF RECOMMENDATION:
1) To approve the 2011 salary ranges for part-time and limited-term employees;
2) To approve and adopt the proposed 2011 salary ranges, salary schedules, and fringe benefit
changes for non-represented employees.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA – 2011 SALARIES 111610
DATE: 10/14/2010
TO: Honorable Mayor and Commissioners
FROM: Anthony Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN100099
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
753 OAK AVE 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: # EN100099 - 753 OAK AVE
Location and ownership: This structure is located on Oak Ave. between Getty
and Scott Streets and is owned by LEELABOO DEVELOPMENT LLC.
Staff Correspondence: A dangerous building inspection was conducted on
06/10/10. The Notice and Order to Repair was issued on 06/25/10. On 08/05/10
the HBA declared the structure substandard and dangerous.
Owner Contact: The Inspection Department had some phone contact with
daughter of deceased owner who indicated the home was in foreclosure. The
plumbing inspector responded to complaint of raw sewage dumped out of rear
window on 07/22/09. Robin Wolcott- representing Deutsche Bank was present at
the HBA meeting dated 08/05/10 where she indicated Safequard Properties tried
to enter home to re-key was met by a gentleman with gun. Home was boarded
up by City of Muskegon. The bank contacted Inspections to schedule interior
inspection stating home had been cleaned. Inspectors could not enter to
complete inspection dated 09/10/10 because of human feces still present
throughout the home. Inspections Department received letter from LPS Asset
Management stating property had been sold to new buyer. The new buyer Scott
McDonald contacted Inspections stating he was unaware of dangerous building
status when purchased from bank and wants to investigate options.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ (15,300) Entire property
Estimated cost to repair: $5,000 (Exterior only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 753 OAK AVE
This is a wood frame, single family dwelling. The garage has been converted to
living space without a permit or any inspections. The list of exterior items is short
and the major repairs on the outside of the dwelling consist of a new roof,
repairing windows and some broken steps. However the major cost to renovate
this building is the inside. This building has human waste through out the house
that permeates the entire building. It is unlikely that this house can be
rehabilitated without removing all the wall and floor surfaces. The cost of interior
repairs would most likely exceed the value of the structure. This building, in it’s
current state, is not habitable and if left renovated will become a blighting
influence on the neighborhood.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, June 10, 2010
Enforcement # EN100099 Property Address 753 OAK AVE
Parcel #24-205-050-0002-00 Owner JOHNSON WILSON
Inspector: Henry Faltinowski
Date completed: 06/10/2010
DEFICENCIES:
1. Broken front steps.
2. Roof covering needs replaced.
3. Broken out windows.
4. Open soffit.
5. No permits for work on garage conversion.
6. Human waste throughout home.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
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