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CITY OF MUSKEGON CITY COMMISSION MEETING AUGUST 11, 2015 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: □ INTRODUCTIONS/PRESENTATION: □ CITY MANAGER’S REPORT: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Designation of Voting Delegates for the Michigan Municipal League Annual Business Meeting City Clerk C. Legal Services City Manager D. Section – 10-531 (F) (3) Registration of Rental Dwellings Ordinance Amendment Public Safety E. Bike Time – Rescind “Request for a 5-year commitment for Bike Time, 2015-2019” Planning and Economic Development F. Rebel Road – Request for a 5-year commitment for Rebel Road, 2016- 2020 Planning and Economic Development G. Sale of Property at 1690 Creston Street Planning and Economic Development H. Sale of Property at 881 Pine Street Planning and Economic Development I. Amendment to the Janitorial Services Contract 2014-2017 Engineering J. Approval of a Neighborhood Enterprise Zone Certificate Planning and Economic Development □ PUBLIC HEARINGS: □ COMMUNICATIONS: □ UNFINISHED BUSINESS: □ NEW BUSINESS: □ 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 MEISCH, 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: August 6, 2015 There are a number of items on the agenda that I thought you could use a little background on as you prepare for our meeting. 1. For the Work Session, we would like to talk about adopting the International Property Maintenance Code. You will be receiving an electronic copy of the code, and we’ll put hard copies in your box. The IPMC is adopted by most communities in Michigan (much like we adopt the Building Code and the Fire Code). There are a number of reasons why we feel it’s a smart move to adopt – Kirk and Jeff will be in attendance to talk about it – but the greatest reasons are continuity with other neighboring jurisdictions, ease of enforcement, and overall efficiency/effectiveness of the code vs. our current ordinance (Chapter 10 in the code of ordinances). If we are on the same page, this item will be added to the agenda on the second meeting of August. 2. For the work session, we will also discuss the proposed 5-year agreement with Parmenter O’Toole. 3. Under the consent agenda, we are asking the Commission to approve: a. Last meeting’s minutes. b. Approval of a voting delegation for the MML Conference. We are sending three staff members (Ann, Frank, and Mohammed). We could potentially host some Commissioners if there is interest in attending. I will be serving as the Key Note speaker for Wednesday. c. We are asking for approval of the Legal Services Agreement. The agreement was crafted to allow for a smooth transition from the Prosecutor’s office - accordingly, there will be one month of overlap between the two services. Per Commissioner Johnson’s request, there is language that would allow the city to terminate the agreement if we were unsatisfied with the performance. d. We are asking for approval of an amendment to the rental ordinance that allows property owners who own 10 or more units to waive the fire-dwelling insurance requirements and replace them with a requirement to deposit $15,000 in an escrow account with the city to accommodate any demolition costs that could arise as a result of a fire. We are asking to set the minimum level at 10 units in an effort to limit the total number of requests, as we feel that creating too many escrow arrangements could be burdensome on staff. e. We are asking the Commission to rescind its earlier motion to commit to a five year road closure plan for Bike Time. The event has moved to Fruitport Township. f. We are asking the Commission to commit to a five year road closure plan for Rebel Road – the event that replaced Bike Time in downtown. The agreement is essentially the same as the previous arrangement for Bike Time. g. We are seeking approval of the sale of a city owned property at 1690 Creston. The sale will allow the adjacent property owner to expand his business onto this property. There is currently a 911 tower on the site, which will remain with an easement. h. We are seeking approval of the sale of a city owned property at 881 Pine Street. The vacant lot will allow Burger King to add a second drive thru in conjunction with a 500,000 building renovation project. If the renovation project is not completed in 24 months, the property will be reverted to the City’s ownership. i. We are seeking approval of an amendment to the Janitorial Contract for the water filtration plant. j. We are seeking approval of a NEZ Certificate for the first custom home being built at the Terrace Point Landing Development. Expect to see more of these, as all of the custom homes will likely be eligible for this designation, which is essentially a tax abatement for up to 12 years. 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. Frank Peterson City Manager Date: August 11, 2015 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the July 28, 2015 City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JULY 28, 2015 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, July 28, 2015. Pastor Matt Sharp opened the meeting with prayer, 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 Hood, German, Rinsema-Sybenga, Turnquist, and Johnson, City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. 2015-52 CONSENT AGENDA: A. Approval of Minutes CITY CLERK SUMMARY OF REQUEST: To approve minutes of the July 13, 2015 Worksession Meeting and the July 14, 2015 City Commission Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes C. One Way Front Snow Plow DPW/Equipment SUMMARY OF REQUEST: Authorize staff to purchase two (2) Henderson One Way Front Snow Plows as per our specification. This authorization is being sought for us to gain the approval to order two units for delivery in mid-January. FINANCIAL IMPACT: These units have a net price of $7,350.00 per unit, for a total of $14,700.00 for this purchase. BUDGET ACTION REQUIRED: None. Amount is what was budgeted. STAFF RECOMMENDATION: Authorize staff to order/purchase two (2), One Way Front Snow Plows by Henderson Manufacturing, from Arista Truck Systems of Grand Rapids, Michigan, as a sole source area supplier for these units. Motion by Commissioner Johnson, second by Commissioner German to accept the Consent Agenda as read. ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron Nays: None MOTION PASSES 2015-53 ITEMS REMOVED FROM THE CONSENT AGENDA: B. Police Cruisers DPW/Equipment SUMMARY OF REQUEST: Authorize staff to proceed with the purchase of 3 Chevy Caprice cruisers from Berger Chevrolet, the Mi-Deal State contract holder. The Equipment Division is seeking permission to purchase 3 new with a total purchase price of $84,993. FINANCIAL IMPACT: A total of $84,993 BUDGET ACTION REQUIRED: None. Amount is what was budgeted STAFF RECOMMENDATION: Authorize staff to proceed with the purchase of 3 cruisers from Berger Chevrolet, the Mi-Deal State contract holder. Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga to authorize staff to proceed with the purchase of three cruisers from Berger Chevrolet, the Mi-Deal State contract holder. ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and Hood. Nays: None MOTION PASSES D. Resolution in support of Parking Strategy Planning & Economic Development SUMMARY OF REQUEST: The Planning Department has recently completed its final draft of the Downtown Parking Strategy and would like to adopt it as part of the City’s Master Plan. As part of the adoption process, the plan must be distributed for review to neighboring townships, cities, and regional entities, via resolution of the City Commission. These entities will have 42 days to review the plan, and then a public hearing will be held at the Planning Commission, where they will make a recommendation to the City Commission for final approval. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution. Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve the Resolution in Support of Parking Strategy. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Spataro. Nays: None MOTION PASSES ANY OTHER BUSINESS: The Mayor was presented with a “D-day Certificate”. 2015-54 CLOSED SESSION: A. City Manager’s Annual Performance Review Motion by Commissioner Hood, second by Vice Mayor Spataro to go into closed session for the City Manager’s Annual Performance Review at 5:53 p.m. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Spataro, and German. Nays: None MOTION PASSES Motion by Vice Mayor Spataro, Second by Commissioner Johnson to come out of closed session. MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 6:53 p.m. Respectfully submitted, Ann Marie Meisch, MMC City Clerk Date: August 11, 2015 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Designation of Voting Delegates for the Michigan Municipal League Annual Business Meeting SUMMARY OF REQUEST: To designate by action of the Commission, one of our officials who will be in attendance at the Convention as an official representative to cast the vote of the municipality at the Annual Meeting; and, if possible, to designate one other official to serve as alternate. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. TO: Honorable Mayor and City Commissioners FROM: Frank Peterson, City Manager DATE: August 5, 2015 RE: Legal Services SUMMARY OF REQUEST: The City Commission requested staff to negotiate a five year agreement for Legal Services with Parmenter O’Toole to provide both general legal and prosecution services. Staff is asking the Commission to approve the attached five year agreement. FINANCIAL IMPACT: $300,000 annually BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To the Legal Services Agreement with Parmenter O’Toole and authorize the City Clerk and Mayor to sign. COMMITTEE RECOMMENDATION: Date: August 5th, 2015 To: Honorable Mayor and City Commissioners From: Director of Public Safety Jeffrey Lewis RE: Section - 10-351 (F) (3) Registration of Rental Dwellings Ordinance Amendment SUMMARY OF REQUEST: The Director of Public Safety requests that the City Commission review and authorize the proposed amendment to Chapter 10 Buildings, Article VI, Division 2, subdivision III “Rental Property”, of the City of Muskegon This ordinance amendment focuses on sub-section (F) (3) which would allow an “Alternative Escrow Option”; in lieu of dwelling fire insurance. The sub-section and associated bullet points (1-7) explain the escrow option for landlords who cannot obtain insurance or opt not to acquire dwelling insurance to repair or demolish a property after a catastrophic fire event. FINANCIAL IMPACT: Relieve the City of Muskegon from bearing the expense to demolish uninsured rental properties that are damaged during a working fire. BUDGET ACTION REQUIRED: N/A STAFF RECOMMENDATION: Staff recommends approving this ordinance amendment as written. City of Muskegon Muskegon County, Michigan Ordinance Amendment No. _____ THE CITY OF MUSKEGON HEREBY ORDAINS: Chapter 10 “Buildings and Building Regulations,” Article VI “Property Maintenance Code,” Division 2, Subdivision III. “Rental Property” of the Code of Ordinances of the City of Muskegon is amended as follows: Subdivision III. Rental Property Sec. 10-351. Registration of rental dwellings. (a) Required. All rental dwellings shall be registered with the city. If the owner does not reside within 30 miles of the city, he shall designate a responsible local agent who shall be responsible for operating such dwelling in compliance with the law, including this article. All official notices may be served on the responsible agent, and any notice so served shall be deemed to have been served upon the owner of record. Each owner or responsible local agent shall maintain a current list of the number of occupants of each rental dwelling for which he is responsible. A rental unit certificate of compliance shall not be issued if the registration provisions of this article are not complied with. (b) Deadline for registration; failure to comply. All rental dwellings existing as of the effective date of the ordinance from which this article is derived shall be registered no later than six months after the effective date of this article. The city shall order registration prior to that date for any dwelling cited in a notice required by this article. Failure to comply with such an order is a violation of this article. (c) Registry of new rental dwellings. The owner of a new rental dwelling or of any dwelling newly converted to a rental dwelling shall register the rental dwelling prior to allowing occupancy of any new rental units. (d) Change in register information. The owner of rental dwellings already registered with the city or his responsible local agent shall register within 60 days after any change occurs in register information. A new owner of a registered dwelling shall register the dwelling within 60 days of assuming ownership. (e) Application; contents. Application for registration shall be made in such form and in accordance with such instructions as may be provided by the administrator and shall include: (1) The address of the rental dwelling. (2) The number of dwelling units, the number of rooming units and the number of hotel units in the dwelling. (3) The name, residence address, business address, business phone number and personal phone number of the owner. (4) The name, residence address, business address, business phone number and personal phone number of the manager and responsible local agent designated by the owner. (5) The address where the owner or responsible local agent will accept notices or orders from the city. (6) The driver’s license or state identification number of the owner or responsible local agent and the state in which the license or ID was issued. (f) Dwelling fire insurance. In order to protect the health, safety and welfare of the residents of the city, it is hereby declared that the city shall require dwelling fire insurance for all property owners who let for occupancy premises in the city in the amount and for the purposes provided below. (1) Minimum coverage; use of insurance proceeds. All property owners owning property in the city shall be required to obtain a minimum of $10,000 in dwelling fire insurance. Further, in the event of any fire or loss covered by such insurance, it shall be the obligation of the property owner to use such insurance proceeds to cause the restoration or demolition or other repair of the property in adherence to the city code and all applicable ordinances. (2) Property owners to provide city with insurance information. All property owners shall be required to place their insurance company name, policy number and policy expiration date on their rental unit registration form, or in the alternative, to provide the city with a copy of their actual dwelling fire insurance policy. A registration certificate shall not be issued to any person unless the aforementioned information has been provided. Violation of this section shall result in suspension of a registration certificate. The city shall be informed of any change in policies for a particular rental unit or cancellation of a policy for said property within 10 days of said change or cancellation. (3) Alternative Escrow Option. In lieu of obtaining dwelling fire insurance as outlined in this section, landlords who own ten (10) or more single family dwelling units may put into escrow with the City funds sufficient to cover the cost of potential future fire demolition, as follows: i. For a landlord who owns 10-20 rental homes in the City, a minimum escrow amount of $15,000 is required. ii. For a landlord who owns 21 or more rental homes in the City, a minimum escrow amount of $20,000 is required. iii. The funds in escrow can be withdrawn for the sole purpose of demolition or restoration of a home that has been damaged by fire. iv. If, after a fire, the home is declared a dangerous building, and the landlord fails to repair or demolish the home as required, the City may use the escrow funds to perform the demolition, pursuant to the process as outlined in Chapter 10, Article III “Dangerous Buildings” of the City Code. In addition to the cost of demolition, the City shall deduct from the escrow funds all fees and fines associated with the dangerous building proceedings. v. Landlord must replenish the full escrow amount within 10 business days after withdrawal by the landlord or the City. vi. The City shall retain any interest accrued/earned on the funds in escrow to compensate for its administrative costs. vii. The City shall return the escrow funds upon sale of all rental properties or proof of dwelling fire insurance on all properties, as required pursuant to Section (f)(2) above. (g) Inaccurate or incomplete register information. It shall be a violation of this article for an owner or a responsible local agent to provide inaccurate information for the register of rental dwellings or to fail to provide information required by the city under subsection (e) of this section. In those cases in which the owner or responsible local agent is not a natural person, the information required for the register shall be provided for the organization owning the rental dwelling and for the president, general manager or other chief executive officer of the organization. Where more than one natural person has an ownership interest, the required information shall be provided for each owner. (h) Exemption from registration requirement. Dwellings that are not owner-occupied, but are occupied by a grandparent, parent, child or current spouse of the owner are exempt form the rental registration requirements outlined in this section. This exemption is limited to single family residential dwellings. It is the responsibility of the owner asking to be exempted from the rental dwelling registration requirement to provide satisfactory proof to the city of the existence of the familial relationship between owner and resident of the dwelling. (Code 1975, § 4-82; Or. No. 2304, 2-28-12) This ordinance adopted: Ayes: ______________________________________________________________ Nays: _______________________________________________________________ Adoption Date: _________________________ Effective Date: _________________________ First Reading: _________________________ Second Reading: ________________________ CITY OF MUSKEGON By ______________________________ Ann Meisch, MMC 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 , 2015, 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: , 2015 _______________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on ___________________, 2015, the City Commission of the City of Muskegon adopted an amendment to Chapter 10 “Buildings and Building Regulations,” Article VI “Property Maintenance Code,” Division 2, Subdivision III. “Rental Property,” Section 10-351 of the Code of Ordinances of the City of Muskegon, whereby the following changes were made: Section (f)(3) was added to provide an alternative of placing funds in an escrow account with the City to be used to demolish the home in the event of fire, in lieu of the requirement to obtain dwelling fire insurance, for those landlords who own ten or more single family rental homes in the City. 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: _________________, 2015 By: ______________________________ Ann Meisch, MMC, Its Clerk ------------------------------------------------------------------------------------------------------------ PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE CITY COMMISSION MEETING DATE August 11, 2015 Date: July 27, 2015 To: Honorable Mayor and City Commissioners From: Cathy Brubaker-Clarke, Planning and Economic Development RE: Bike Time – Rescind “Request for a 5-year commitment for Bike Time, 2015-2019” SUMMARY OF REQUEST: To terminate and rescind the “Request for a 5-year commitment for Bike Time, 2015-2019” granted by the City Commission on October 14, 2014. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: It is recommended that the October 14, 2014 City Commission’s motion granting a 5-year commitment for Bike Time, 2015-2019 be rescinded. Commissioners, Prior to October 14, 2014, Muskegon Bike Time submitted a request for a five year commitment from the City to host Bike Time downtown, with no major changes from prior years. In December of 2014, Bike Time announced a planned expansion to Fruitport. City staff was informed that downtown would remain as it had in the past, and that only the events that normally took place at Hot Rod Harley would actually be moved to Fruitport. In January of 2015, City staff received a letter from Bike Time outlining their plan for the event – with vendors, etc. being downtown. In February of 2015, City staff was informed that Bike Time was unsure as to whether it would want the streets closed or vendors located in the downtown. In March of 2015, Bike Time submitted an event application that called for road closures along Western Avenue to create Steel Horse Alley, with no provision for other entertainment, food, restrooms, on-site management, etc. The application was approved. On April 15, 2015, Bike Time notified staff that they would not be present in downtown Muskegon. 2 CITY COMMISSION MEETING DATE August 11, 2015 Date: August 5, 2015 To: Honorable Mayor and City Commissioners From: Cathy Brubaker-Clarke, Director of Community & Economic Development Re: Rebel Road – Request for a 5-year commitment for Rebel Road, 2016 - 2020 SUMMARY OF REQUEST: Rebel Road has requested a five-year commitment from the City to host Rebel Road downtown. There are no major changes from the way Rebel Road was run in 2015, and the streets affected are the same as past years (see page 2 and attached map). This year, 2015, was the first year that Rebel Road replaced Bike Time and was organized by the Child Abuse Council in coordination with a number of downtown business owners. They are asking for the 5-year agreement to make planning the event easier. Knowing their plans well in advance should also help City staff with their planning. Items requiring City Commission approval are the same as in previous years: that the City waive DPW equipment rental costs, that Rebel Road be able to use their own labor pool when possible rather than using City staff, and some deviation from street closure times listed in the City’s special event policy. FINANCIAL IMPACT: Request for the waiver of equipment rental fees. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: It is recommended that staff be allowed to make the final decision regarding actual street closures, rental fees and costs to be coordinated through the City Manager. In addition, staff recommends that if Rebel Road 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 Rebel Road. 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 Rebel Road 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 Rebel Road 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 REBEL ROAD City Commission item (page 2) Requests requiring Commission approval ► Equipment rental fees and labor costs – Rebel Road 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. Rebel Road 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: • Rebel Road requests to close Fifth St. from Western Ave. to the alley between Western & Clay (approx. ½ block) on Wednesday morning of the event week, in order to place a large tent in the parking lot at 4th & Western (the lot entrance is off 5th St.) • Rebel Road requests permission to close Western Avenue and the side streets at midnight on Wednesday night of the event week, so set-up can begin first thing Thursday morning. 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. Streets to be reserved for the event (with staff approval) - • Western Avenue from 8th Street to Terrace Street with the condition that the intersection of 7th Street & Western Avenue remain open. • Side streets -- 6th, 5th, 4th, 3rd, 2nd, and 1st Streets from Western Avenue south to the alley running between Western Ave and Clay Avenue. The alley must remain open and unimpeded for emergency vehicles. • Fifth Street from Western Avenue north to the rear entrance to the Walker Arena Annex, with the condition that the parking lots for the Amazon and the Annex remain accessible. • Fourth Street from Western Avenue north to the entrance to Racquets rear parking lot. The entrance to Racquets rear lot must remain accessible at all times. • Second Street from Western Avenue north to Morris Street was also requested. However, the use of this portion of 2nd Street will need to be reviewed annually, with approval contingent on accessibility to the MATS Bus/Transit Terminal located on Morris at 2nd St. The terminal will be undergoing extensive renovations soon, and safety and accessibility for the public and the buses must be taken into consideration. Commission Meeting Date: August 11, 2015 Date: August 5, 2015 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Sale of the property at 1690 Creston St SUMMARY OF REQUEST: Staff is seeking approval to sell the buildable, industrial zoned lot at 1690 Creston St to the adjacent business, Production Fabricators, Inc at 1608 Creston St, which is located in Muskegon Township. They are seeking to expand their business onto this lot with a building addition. A dispatch tower is located on the site and the city will retain a maintenance easement after the sale. The lot measures 2.45 acres, but much of it is undevelopable because of the tower. The applicant has offered $30,000 for the lot. FINANCIAL IMPACT: Staff recommends a sale price of $30,000. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval and signature of the attached purchase agreement, easement agreement and resolution. COMMITTEE RECOMMENDATION: None 8/5/2015 1690 Creston St (Red) / 1608 Creston St (Blue) 8/5/15 Resolution No. _______ MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1690 CRESTON ST FOR $30,000. WHEREAS, Production Fabricators, Inc will be allowed to purchase the parcel designated as number 24-128- 400-0019-00, located at 1690 Creston St for $30,000; and WHEREAS, Production Fabricators will construct a building addition on the property within 24 months of closing; and WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; and NOW THEREFORE BE IT RESOLVED, that parcel number 24-128-400-0019-00, located at 1690 Creston St be sold to Production Fabricators, Inc for $30,000. CITY OF MUSKEGON SEC 28 T10N R16W S 250 FT OF N 610 FT OF W 495 FT SE 1/4 SE 1/4 LYING S OF S LN FOREST AVE EXTD ELY SBJT TO EASEMENT L3816 P825 Adopted this 11th day of August, 2015 Ayes: Nays: Absent By: _________________________ Stephen J. Gawron Mayor Attest: ________________________ Ann Meisch, MMC City Clerk I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on August 11, 2015. By: ________________________ Ann Meisch, MMC City Clerk 8/5/15 Callen Engineering, Inc. Tel:616-240-9080 Web:callenengineering.com 113 W. Savidge Street, Suite B Spring Lake, Michigan 49456 31 PROJECT LOCATION TRIDONN CONSTRUCTION CO. 1461 EVANSTON AVENUE MUSKEGON, MI 49442 231-777-2681 60.0' PROP. 11,099 SFT 50.0' BUILDING ADDITION OVERHEAD DOOR Property Address: 200.0' 1608 S. Creston St, DRIVEWAY Muskegon, Michigan 49442 OPENING MDOT DET M Parcel Number: 61-10-028-400-0064-00 LOADING DOCK Property Description: 21' 28.0' 28.0' Property Owner: Excalibur Co LLC RELOCATE: 1608 S Creston St. EX. GATE Muskegon, MI 49442 INGRESS/EGRESS EASEMENT Total Acreage: TO CITY OF MUSKEGON Property Zoning: Setbacks: Front Yard: ft Side Yard: ft Rear Yard: ft . 0' 50 Maximum Allowable R Building Height: Maximum lot coverage: __% PRODUCTION FABRICATORS, INC MUSKEGON COUNTY, MICHIGAN Proposed lot coverage: __% MUSKEGON TOWNSHIP STORMWATER 1608 S. CRESTON ST RETENTION AREA SITE PLAN PROPOSED FEATURES LEGEND NORTH NEW HEAVY DUTY HMA PAVEMENT AREA ON CTI NEW 6" CONCRETE PAVEMENT AREA U N STR O RC R NEW CONCRETE SIDEWALK AREA F O SCALE OT Y: N DRAWING PLOT SCALE R INA Know what's IM REL For protection of underground utilities, the CONTRACTOR shall dial 811 or 1-800-482-7171 PROJECT P a minimum of three working days, excluding Saturdays, Sundays and holidays, prior to excavation in the vicinity of utility lines. All "MISS DIG" participating members will thus be routinely notified. This does not relieve the CONTRACTOR of the responsibility of notifying the utility owners who may not be part of the "MISS DIG" alert system. DATE OF PLAN: 08-05-15 C1.0 Commission Meeting Date: August 11, 2015 Date: August 5, 2015 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Sale of the property at 881 Pine St SUMMARY OF REQUEST: Staff is seeking approval to sell the buildable, commercially zoned lot at 881 Pine St to the adjacent business, B.K. Muskegon Properties, LLC, at 928 Terrace St. They will be remodeling the store and will use the new lot to add an additional drive thru lane. The lot measures roughly 8,700 sf and the applicant has offered $40,000 for the parcel. FINANCIAL IMPACT: Staff recommends a sale price of $40,000. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval and signature of the attached purchase agreement and resolution. COMMITTEE RECOMMENDATION: None 8/5/2015 881 Pine St (Red) / 928 Terrace St (Blue) 8/5/15 Resolution No. _______ MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 881 PINE ST FOR $40,000. WHEREAS, B.K. Muskegon Properties, LLC will be allowed to purchase the parcel designated as number 24- 205-188-0001-00, located at 881 Pine St for $40,000; and WHEREAS, B.K. Muskegon Properties, LLC will spend at least $400,000 in building upgrades at their current facility within 24 months of closing; and WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; and NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-188-0001-00,located at 881 Pine St to B.K. Muskegon Properties, LLC for $40,000. CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1-2 & NLY 19 FT LOT 3 BLK 188 ALSO ELY 1/2 OF VAC ALLEY ADJ Adopted this 11th day of August, 2015 Ayes: Nays: Absent By: _________________________ Stephen J. Gawron Mayor Attest: ________________________ Ann Meisch, MMC City Clerk I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on August 11, 2015. By: ________________________ Ann Meisch, MMC City Clerk 8/5/15 Date: August 11, 2015 To: Honorable Mayor and City Commissioners From: Engineering RE: Amendment to the: Janitorial Services Contract 2014-2017 SUMMARY OF REQUEST: Amend the current janitorial services contract with Reliant Professional Cleaning Services to include the cleaning of the filtration plant facilities at an additional cost of $1,189.00 per month, starting September 2015 thru April 2017. FINANCIAL IMPACT: A total of $23,780 over the life of the contract. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Amend the current contract to include the cleaning of the filtration plant facilities as outlined in the attached for a monthly cost of $1,189.00 COMMITTEE RECOMMENDATION: O:\CLERK\Common\Word\Agenda Items for Next Meeting\13_amend reliant contract.doc Commission Meeting Date: August 11, 2015 Date: August 6, 2015 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Approval of a Neighborhood Enterprise Zone Certificate SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from Bruce Lindstrom for the new construction of a home 331 Terrace Point Circle. The property is located in a Neighborhood Enterprise Zone for new construction. The application states that the estimated cost for construction will be $382,446 in materials. The applicant has met local and state requirements for the issuance of the NEZ certificate. Approval or denial by the City Commission is required within 60 days of the application date and must be forwarded to the State Tax Commission. FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12 years. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the NEZ certificate. COMMITTEE RECOMMENDATION: None 8/6/2015 Resolution No. ________ MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE ISSUANCE OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with the Acting City Clerk by Bruce R. Lindstrom to construct a home at 331 Terrace Point Circle in the Terrace Point Condominium neighborhood, and; WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a Neighborhood Enterprise Zone Certificate; WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for twelve (12) years; NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise Zone Certificate for the new construction of a home by Bruce R. Lindstrom be approved. Adopted this 11th day of August, 2015. Ayes: Nays: Absent: By: __________________________ Stephen J. Gawron, Mayor Attest: _________________________ Ann Meisch City Clerk 8/6/15 CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on August 11, 2015. By: ________________________ Ann Meisch City Clerk 8/6/15
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