City Commission Packet 08-11-2015

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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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