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CITY OF MUSKEGON CITY COMMISSION MEETING MAY 11, 2010 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: INTRODUCTIONS/PRESENTATION: CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Ordinance Setting Fiscal Year and Budget Calendar. FINANCE C. Memorandum of Understanding-Justice Assistance Grant. PUBLIC SAFETY D. Resolution of Support for the Michigan Port Collaborative. PLANNING & ECONOMIC DEVELOPMENT PUBLIC HEARINGS: COMMUNICATIONS: CITY MANAGER’S REPORT: UNFINISHED BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 439 Houston Avenue. PUBLIC SAFETY B. Machine Vending Contract for Pere Marquette Park. PUBLIC WORKS (Item withdrawn by applicant) NEW BUSINESS: A. Approval of Sale of City-Owned Home at 214 Myrtle. COMMUNITY & NEIGHBORHOOD SERVICES B. Medical Marijuana Facilities Moratorium. PLANNING & ECONOMIC DEVELOPMENT ANY OTHER BUSINESS: PUBLIC PARTICIPATION: Reminder: Individuals who would like to address the City Commission shall do the following: Fill out a request to speak form attached to the agenda or located in the back of the room. Submit the form to the City Clerk. Be recognized by the Chair. Step forward to the microphone. State name and address. Limit of 3 minutes to address the Commission. (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) CLOSED SESSION: ADJOURNMENT: ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD: (231) 724-4172. Date: May 11, 2010 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, April 27, 2010. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 27, 2010 CITY COMMISSION CHAMBERS @ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, April 27, 2010. Mayor Warmington opened the meeting with a prayer from Pastor Marcy Miller from the Samuel Lutheran Church after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron, Commissioners Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Becker. 2010-35 HONORS AND AWARDS: A. Retirement of Bob Kuhn. Mayor Warmington recognized and thanked Bob Kuhn for his 35 years of working for the community. 2010-36 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes for the April 12th Commission Worksession, and the April 13th Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. C. SECOND READING: Amend Chapter 54, Article IV Offenses Involving Public Peace and Order. PUBLIC SAFETY SUMMARY OF REQUEST: The Director of Public Safety is requesting that the City Commission amend Chapter 54, Article IV Offenses Involving Public Peace and Order, of the Code of Ordinances of the City of Muskegon. This is being requested in order to update language in this ordinance. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the request. D. SECOND READING: Amendments to the Zoning Ordinance – On-site Sustainability and Conservation Efforts. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend Section 2334 #5, Exempt Signs, to allow signage related to on-site sustainability and conservation efforts. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the request. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their March 11th meeting. E. SECOND READING: Amendments to the Zoning Ordinance – Sporting Venues. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend Section 2334 #5, Exempt Signs, to allow sporting venues to display signage to those in attendance. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the request COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their March 11th meeting. F. 2010 Water Treatment Chemical Bids. WATER FILTRATION SUMMARY OF REQUEST: Recommend endorsement of the lowest responsible bidder to supply sodium hypochlorite for the Water Filtration Plant and authorize staff to issue an annual purchase order to Alexander Chemical Corp. FINANCIAL IMPACT: Annual cost of $44,132 (based on average annual water pumped to mains). BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted annually. STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the low bid received and enter into contract with Alexander Chemical Corp. for sodium hypochlorite. G. Acquisition of Property for a Right Turn Radius – Portion of 1813 S. Getty Street. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: In a previous action, City Commission authorized proceeding with eminent domain for this property, which is needed for street improvements. Staff has since been able to negotiate a purchase price with the owner, Samei Betak. The value of the property (per the County Equalization Department) is $758.44. The agreed upon purchase price is $3,000. FINANCIAL IMPACT: The purchase price will be paid for from the Public Improvement Fund. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Purchase Agreement and authorize the Mayor and Clerk to sign the Purchase Agreement and other documents necessary to purchase the property. J. Concession Contract for Pere Marquette Park. PUBLIC WORKS SUMMARY OF REQUEST: Staff is asking permission to enter into a three-year contractual agreement with two additional one-year options with Ken Huston of Amazing Gift Direct, LLC for operating a Concession (The Island Concession) at Pere Marquette Park. FINANCIAL IMPACT: Contract revenue was $2,118 for the 2009 operating season. Approximately $325-$1,200 per year in revenue was received from previous vendor (Dan Etterman of Sandy Bottoms Concession) during the 2003- 2008 contracts. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve request. COMMITTEE RECOMMENDATION: The Leisure Services Board has approved the intended contractual agreement on April 19, 2010. K. Maintenance Agreement for Aamodt Park – Jackson Hill Neighborhood Association and City. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: An Achieve Grant has been received by the County of Muskegon for the Jackson Hill Neighborhood. The County has partnered with the City to oversee this grant. The Achieve group from Jackson Hill has chosen to use some of the funds for a community garden at Aamodt Park. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Maintenance Agreement between the City of Muskegon and Jackson Hill Neighborhood Association and authorize the Mayor and Clerk to sign. L. Deficit Elimination Plan for Home Rehabilitation Fund, Brownfield Redevelopment Authority Fund and Engineering Fund. FINANCE SUMMARY OF REQUEST: At December 31, 2009, the City of Muskegon Home Rehabilitation Fund had a deficit balance of $316,838; the Brownfield Redevelopment Authority Fund had a deficit balance of $10,214; and the Engineering Fund had a deficit balance of $61,951. Act 275 of the Public Acts of 1980 requires that the City file a Deficit Elimination Plan with the Michigan Department of Treasury. Staff is requesting adoption of the Home Rehabilitation Fund, Brownfield Redevelopment Authority Fund and Engineering Funds Deficit Elimination Plan Resolutions. FINANCIAL IMPACT: As presented by the Deficit Elimination Plan the Home Rehabilitation Fund, Brownfield Redevelopment Authority and Engineering funds will no longer have a deficit by December 31, 2010. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Adoption of the Deficit Elimination Plan Resolutions. M. Reclassification of Maintenance Worker Position. ENGINEERING SUMMARY OF REQUEST: Change the classification of the Maintenance Worker Position from Range XI to Range X. The reclassification is necessary to compensate for combining the duties’ of the maintenance worker position with most of those in the Maintenance Supervisor position which is not being filled upon the retirement of the current supervisor. This proposal will result in a net annual SALARY saving of $40,285 and if we were to consider the other benefits could be in excess of $60,000. FINANCIAL IMPACT: The difference between the upper limits of the two ranges which is $3,642 (based on the adopted 2009 salary schedule). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the reclassification of the Maintenance Worker position from Range XI (11) to Range X (10). N. Consideration of Bids for H-1660 White Street and Scott Street from Wood Street to Oak Avenue. ENGINEERING SUMMARY OF REQUEST: Award the White Street/Scott Street project to McCormick Sand, Inc. out of Twin Lake since they were the lowest responsible bidder with a total bid price of $195,446.15. FINANCIAL IMPACT: The construction cost of $195,446.15 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the construction project to McCormick Sand, Inc. O. City – MDOT Agreement for the Reconstruction of Getty Street from Apple to Marquette. ENGINEERING SUMMARY OF REQUEST: To approve the contract with MDOT for the reconstruction of Getty Street from Apple to Marquette and approve the resolution authorizing the Mayor and City Clerk to sign the contract. FINANCIAL IMPACT: MDOT’s participation is limited to the federal funds of $310,500. The estimated total construction cost is $443,900. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Approve the contract and resolution authorizing the Mayor and Clerk to sign both. P. Approval of Contractor for Rehabilitation of House at 134 Isabella. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the contract with Statewide Abatement, 1720 Creston, Muskegon, MI for the completion of the rehabilitation to be located at 134 Isabella within 90 days of signing the contract, for the bided amount of $37,597. This property’s rehabilitation is being financed with Neighborhood Stabilization funds from the Michigan State Housing Development Authority. After the total rehabilitation is completed, the home will be marketed to any eligible owner occupied homebuyer with a household income less than 121 percent of the area median income. The City received five additional bids: Grayspace Construction of 601 Amity, Muskegon, MI for $65,509 Depender Construction of 4471 Tomkins Trail, Muskegon, MI for $66,325 Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $61,800 Murphy and Son of 84 N. Bock, Muskegon, MI for $58,350 Mossy Oak Builders of 3101 Hall Rd., Muskegon, MI for $49,630 Specialty Builders of 4392 Hall Rd., Muskegon, MI for $43,910 FINANCIAL IMPACT: The funding for the project will be taken from the money awarded to the City of Muskegon through the Neighborhood Stabilization Program. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval for Community and Neighborhood Services office to develop a contract with Statewide Abatement and direct the Mayor and Clerk to sign the contract. Q. Approval of Contractor for Rehabilitation of House at 468 W. Forest. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the contract with Specialty Builders, 4392 Hall Rd., Muskegon, MI for the completion of the rehabilitation to be located at 468 W. Forest within 120 days of signing the contract, for the bided amount of $63,760. This property’s rehabilitation is being financed with Neighborhood Stabilization funds from the Michigan State Housing Development Authority. After the total rehabilitation is completed, the home will be marketed to any eligible owner occupied homebuyer with a household income less than 121 percent of the area median income. The City received five additional bids: Grayspace Construction of 601 Amity, Muskegon, MI for $76,162 Mossy Oak Builders of 3101 Hall Rd., Muskegon, MI for $68,980 Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $66,750 Murphy and Son of 84 N. Bock, Muskegon, MI for $65,850 Statewide of 1720 Creston, Muskegon, MI for $69,455 FINANCIAL IMPACT: The funding for the project will be taken from the money awarded to the City of Muskegon through the Neighborhood Stabilization Program. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval for Community and Neighborhood Services office to develop a contract with Specialty Builders and direct the Mayor and Clerk to sign the contract. R. Approval of Contractor for Rehabilitation of House at 1201 Ransom. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the contract with Specialty Builders, 4392 Hall Rd., Muskegon, MI for the completion of the rehabilitation to be located at 1201 Ransom within 180 days of signing the contract, for the bided cost of $77,135. This property’s rehabilitation is being financed with Neighborhood Stabilization funds from the Michigan State Housing Development Authority. After the total rehabilitation is completed, the home will be marketed to any eligible owner occupied homebuyer with a household income less than 121 percent of the area median income. The City received four additional bids: Grayspace Construction of 601 Amity, Muskegon, MI for $122,835 Mossy Oak Builders of 3101 Hall Rd., Muskegon, MI for $96,860 Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $82,150 Murphy and Son of 84 N. Bock, Muskegon, MI for $78,700 FINANCIAL IMPACT: The funding for the project will be taken from the money awarded to the City of Muskegon through the Neighborhood Stabilization Program. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval for Community and Neighborhood Services office to develop a contract with Specialty Builders and direct the Mayor and Clerk to sign the contract. S. Approval of Contractor for Rehabilitation of House at 627 Apple. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the contract with Specialty Builders, 4392 Hall Rd., Muskegon, MI for the completion of the rehabilitation to be located at 627 Apple within 90 days of signing the contract, for the bided amount of $46,800. This property’s rehabilitation is being financed with Neighborhood Stabilization funds from the Michigan State Housing Development Authority. After the total rehabilitation is completed, the home will be marketed to any eligible owner occupied homebuyer with a household income less than 121 percent of the area median income. The City received five additional bids: Grayspace Construction of 601 Amity, Muskegon, MI for $74,200 Depender Construction of 4471 Tomkins Trail, Muskegon, MI for $59,603 Mossy Oak Builders of 3101 Hall Rd., Muskegon, MI for $57,940 Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $52,200 Murphy and Son of 84 N. Bock, Muskegon, MI for $49,300 FINANCIAL IMPACT: The funding for the project will be taken from the money awarded to the City of Muskegon through the Neighborhood Stabilization Program. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval for Community and Neighborhood Services office to develop a contract with Specialty Builders and direct the Mayor and Clerk to sign the contract. T. Approval of Contractor for Rehabilitation of House at 1331 Amity. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the contract with Mossy Oak Builders, 3101 Hall Rd., Muskegon, MI for the completion of the rehabilitation to be located at 1331 Amity within 120 days of signing the contract, for the agreed upon amount of $63,635. This property’s rehabilitation is being financed with Neighborhood Stabilization funds from the Michigan State Housing Development Authority. After the total rehabilitation is completed, the home will be marketed to any eligible owner occupied homebuyer with a household income less than 121 percent of the area median income. The City received six additional bids: Depender Construction of 4471 Tomkins Trail, Muskegon, MI for $97,145 Grayspace Construction of 601 Amity, Muskegon, MI for $79,974 Statewide Abatement of 1720 Creston, Muskegon, MI for $74,184 Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $74,000 Murphy and Son of 84 N. Bock, Muskegon, MI for $70,500 Specialty Builders of 4392 Hall, Muskegon, MI for $58,780 Obviously Specialty Builders was the lowest bidder on this project but they also were the lowest bidder on three other projects in this round of NSP projects. It was the opinion of both the CNS office as well as Specialty Builders that they did not have the capacity to complete four rehabilitation projects in a quality manner in the time frame that the CNS office is requesting. FINANCIAL IMPACT: The funding for the project will be taken from the money awarded to the City of Muskegon through the Neighborhood Stabilization Program. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval for Community and Neighborhood Services office to develop a contract with Mossy Oak Builders and direct the Mayor and Clerk to sign the contract. U. Liquor License Request for Shoreline Inn, 750 Terrace Point. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from Shoreline Inn, LLC for a new SDM License and a new Direct-Connection located at 750 Terrace Point. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All departments are recommending approval. V. Amendments to the Zoning Ordinance – Assisted Living Facilities. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Staff initiated request to amend Section 700, #9 of Article VII (RM-1, Low Density Multiple-Family Residential) to allow assisted living facilities as a principal use permitted in RM-1, Low Density Multiple-Family Residential Districts. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the zoning ordinance amendment. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their April 15th meeting. Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve the Consent Agenda as presented minus items B, H, and I. ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None MOTION PASSES 2010-37 ITEMS REMOVED FROM THE CONSENT AGENDA: B. SECOND READING: Vacant Building Registration Ordinance Amendments. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10, Section 107, Annual Registration of Vacant Buildings and Registration Fees, for the purposes of exempting seasonal residences and vacation homes from the fee requirements and occupancy notification requirements of this ordinance, removing the requirement to notarize the registration forms, clarify the language regarding the billing process and add a requirement that all fees owed the City must be paid in full before a waiver of registration fee can be considered. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10, Section 107, Annual Registration of Vacant Buildings and Registration Fees for the purposes stated. Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the Vacant Building Registration Ordinance amendments as presented. ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES H. Machine Vending Contract for Pere Marquette Park. PUBLIC WORKS SUMMARY OF REQUEST: To enter into a one-year contractual agreement with Spark Paul John, 3070 Maple Grove Rd., Apt #350, Muskegon, MI for a Knockout Vending Machine to be located at Pere Marquette Park. FINANCIAL IMPACT: Contract revenue is unknown at this time. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve request. COMMITTEE RECOMMENDATION: The Leisure Services Board has previously approved the request to enter into a contractual agreement with Spark Paul John for a Knockout Vending Machine at the April 19th meeting. Motion by Commissioner Carter, second by Commissioner Shepherd to approve the machine vending contract for Pere Marquette Park with Spark Paul John. Motion by Commissioner Spataro, second by Commissioner Wisneski to table this item and refer it back to staff for their recommendation at the first meeting in May. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter Nays: None MOTION TO TABLE PASSES I. Beverage Vending Contract for Parks/Marina Facilities. PUBLIC WORKS SUMMARY OF REQUEST: To enter into a three-year contractual agreement with Dr. Pepper/Snapple to provide vending service throughout City Parks and Marina Facilities. FINANCIAL IMPACT: Contract revenue has averaged $2,090 per year over the last three-year contract. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve request. COMMITTEE RECOMMENDATION: The Leisure Services Board has previously approved the request to enter into a contractual agreement with Dr. Pepper/Snapple at their April 19th meeting. Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve the three-year contractual agreement with Dr. Pepper/Snapple to provide vending service throughout City Parks and Marina Facilities. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron Nays: None MOTION PASSES 2010-38 UNFINISHED BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 439 Houston Avenue. PUBLIC SAFETY (Tabled from 3-23-10) SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structure located at 439 Houston Avenue, Area 10, is unsafe, substandard, a public nuisance and that it be demolished within 30 days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: CDBG Funds. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. This item was tabled at the March 23, 2010, City Commission Meeting. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and Shepherd. Nays: None MOTION PASSES 2010-39 NEW BUSINESS: A. 2010 Budget Adjustments. CITY MANAGER SUMMARY OF REQUEST: To make changes to the 2010 budget based on the current economic conditions. The proposed changes will reduce the budget expenditures and put them more in line with anticipated revenues. FINANCIAL IMPACT: Over $700,000 to the City’s General Fund. BUDGET ACTION REQUIRED: Approve an amendment to the 2010 budget and authorize implementation of the changes. STAFF RECOMMENDATION: To approve the proposed adjustments. Motion by Commissioner Spataro, second by Commissioner Wierengo to approve the proposed budget adjustments for 2010. ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 7:10 p.m. Respectfully submitted, Ann Marie Becker, MMC City Clerk Date: May 11, 2010 To: Honorable Mayor and City Commissioners From: Finance Director RE: Ordinance Setting Fiscal Year and Budget Calendar SUMMARY OF REQUEST: Last November, voters approved charter amendments that gave the City Commission authority to set the City’s fiscal year and change the budget adoption process. The attached ordinance is intended to implement these changes. The proposed ordinance sets the City’s fiscal year as of July 1 (starting in 2010) and also lays out a budget adoption process that eliminates the requirement we have had in the past of adopting a budget months in advance of the start of the fiscal year. FINANCIAL IMPACT: The change in fiscal years will help stabilize city finances and make the City’s fiscal period consistent with the majority of Michigan’s city governments. The change in budget process will help ensure the City’s budget is prepared with the most current information available and does not become outdated before the fiscal year begins. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Adoption of the attached ordinance. COMMITTEE RECOMMENDATION: None. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. ____ THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: 1. Chapter 2, Article VI of the Code of Ordinances of the City of Muskegon, Michigan is amended by adding sections to read as follows: Division 3. Budget Procedure Sec. 2-290. Fiscal Year. The fiscal year of the city shall begin on July 1. Sec. 2-291. Budget Procedures. The city manager shall submit to the commission, on or before the second regular meeting in May, a recommended budget covering the next fiscal year. The recommended budget shall include the following: (a) Detailed estimates, with supporting explanations, of all proposed expenditures, including the corresponding expenditures for the last preceding fiscal year and estimated expenditures for the balance of the current fiscal year. (b) Statements of the bonded and other indebtedness of the city, showing debt redemption and interest requirements. (c) Detailed estimates of all anticipated revenues of the city from sources other than taxes, with a comparative statement of revenues received by the city from each of the same or similar sources for the last preceding fiscal year and estimated revenues for the balance of the current fiscal year. (d) An estimate of the fund equity or deficit for the current fiscal year. (e) An estimate of the amount of money to be raised from current and delinquent taxes and the amount to be raised from bond issues which, together with any available unappropriated surplus and any revenues from other sources, will be available to meet proposed expenditures. (f) Such additional information as the commission may request or as required by law. 2 Sec. 2-292. Hearing. A public hearing on the budget shall be held before its final adoption at the time and place established by the commission. Notice of the public hearing and that the proposed budget is on file with the city shall be published at least ten days in advance of the hearing. The proposed budget shall be kept on file for public inspection during regular business hours at the city clerk's office for a period of not less than ten days prior to the hearing. Sec. 2-293. Adoption of Budget. After the public hearing, and not later than the last regular meeting in June, the commission shall, by resolution, adopt a budget for the next fiscal year and provide for a levy of the amount necessary to be raised by taxes, as required by law. 2. This Ordinance is to become effective ten (10) days after adoption. Ayes: Nays: First Reading: Second Reading: 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 May, 2010, at which meeting a quorum was present and remained throughout, and 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. Date:_______________________, 2010 ________________________________ Ann Marie Becker, MMC City Clerk Publish: Notice of Adoption to be published once within ten (10) days of final adoption. 3 CITY COMMISSION MEETING Tuesday May 11, 2010 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker Director of Public Safety DATE: May 3, 2010 SUBJECT: Memorandum of Understanding-Justice Assistance Grant SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission authorize the Director and the City Manager to enter into an agreement with the City of Muskegon Heights and Muskegon County in regards to the disbursement of the 2010 Justice Assistance Grant. The money in this grant is shared by the three entities. The $46,759 in this grant will be utilized for the prosecution of city ordinance cases primarily dealing with neighborhood issues. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATIONS: Approval of this request. Commission Meeting Date: May 11, 2010 Date: May 4, 2010 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Resolution of Support for the Michigan Port Collaborative SUMMARY OF REQUEST: The Michigan Port Collaborative is a coalition of Michigan waterfront communities. They are holding a Summit in Muskegon May 20-21, 2010. The intention of the Collaborative is to speak as one voice on issues affecting Michigan’s ports, such as commercial shipping, tourism, recreation, alternative energy and environmental restoration. The attached resolution serves as “the membership application for the City of Muskegon”. At this time, the only direct requirements of the Community are to provide an inventory of local resources and assets (which the Port of Muskegon volunteer committee is currently completing) and name a community individual as its liaison to the Collaborative. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to sign. Resolution No. ______ Muskegon City Commission RESOLUTION OF COMMUNITY COMMITMENT FOR THE MICHIGAN PORT COLLABORATIVE WHEREAS, the mission of the Michigan Port Collaborative is to elevate the recognition and economic vitality of our State’s Great Lakes port communities by protecting and promoting our Great Lakes and developing our coastal communities as the “Michigan’s Front Door”; and WHEREAS, the Michigan Port Collaborative defines a Michigan Port Community as a Great Lakes coastal community that hosts a marine cargo shipping port, a marine commercial port (non-cargo), and / or a recreational harbor; and WHEREAS the City of Muskegon is home to a marine cargo shipping port, a marine commercial port (non-cargo), and a recreational harbor and therefore clearly meets the Michigan Port Collaborative definition of a Port Community; and WHEREAS the City of Muskegon recognizes that membership in the Michigan Port Collaborative will benefit and enable this and other Michigan port communities, our private and non-profit partners, as well as State and federal leaders to: • Speak with a clear voice in Lansing and Washington, D.C. on Michigan port funding and policy priorities; • Effectively market and promote each Great Lakes community and its region; • Leverage and enhance port and regional assets and funding to maximum advantage; • Access the growing information, experience, creativity, talent and knowledge of the Collaborative and its individual public, private and non-profit sector members; AND WHEREAS, the City of Muskegon is committed to the long term goals of the Michigan Port Collaborative, which require that Collaborative Member Communities demonstrate that they are working to develop their Port and region in ways that protect and promote: • Our Great Lakes, their unique coastal habitats, and citizen stewardship of them; • Exceptional and diverse recreational and educational opportunities; • Attractive, user-friendly public access to port activities, which must be effectively linked to local assets and the community business districts, with emphasis on walk-ability, integrated and effective transportation service, and signage; • Universal, barrier free and remote access to Michigan Ports, their services and activities; • Public awareness and respect for Michigan’s rich maritime culture and history, from the pre-historic days of indigenous people, through Michigan’s settlement era and through modern time; • Environmentally sustainable practices, including reducing waste and pollution in the port community, including marinas, tourism businesses, commercial, cargo shipping and other operations in the port Community; • Wise land use planning and redevelopment of contaminated properties along our Great Lakes waterfront and in our Port Communities; and • Effective strategic and marketing planning; AND WHEREAS, the Michigan Port Collaborative requires Michigan port communities seeking membership in the Collaborative to apply to the Collaborative and submit within six months of application both of the following: 1) An inventory of local and regional assets, resources and needs that will enable the port community to provide a maritime tourism and working water front experience for their port businesses, residents and 2) A resolution adopted by the community’s governing body that demonstrates the port community’s commitment to: Build effective public / private / non-profit partnerships at the local and regional level; Achieve the long term goals and meet the membership criteria of the Collaborative; Actively participate in the Michigan Port Collaborative and its mission; and Name a community individual as its liaison to the Collaborative. WHEREAS the Michigan Port Collaborative is working to create a governing structure to further refine and develop member proposals and support for both short- and long-term membership criteria and the concept of a Michigan Port Collaborative designation process which may include incentives and rewards for Collaborative members, as well as ways to help the public readily identify Collaborative members and positively “brand” the Collaborative and its partners. NOW, THEREFORE, BE IT RESOLVED, THAT this resolution serves as the membership application for the City of Muskegon to the Michigan Port Collaborative and conveys to the Collaborative this Port Community’s commitment to prepare a community and regional asset inventory, in conjunction with Muskegon Area First and the Muskegon Chamber of Commerce, as well as meet the Collaborative’s membership requirements within six months of the effective date of this resolution; and NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the City of Muskegon will make certain that this resolution shall be entered in the public record and a copy of this resolution shall be promptly conveyed to the Michigan Port Collaborative and the county, regional, state and federal officials who will benefit from this Port Community’s membership in the Collaborative. Adopted this _____ of _______________, 2010. AYES: NAYS: ABSTAIN: By:______________________________ Stephen J. Warmington, Mayor Attest:____________________________ Ann Marie Becker, City Clerk Michigan Ports - 2010 Port Name (MDOT / Federal) Cargo Ferry Commercial Recreation Municipality County Twp City Attendee Resolution ISC Inventory Algonac X X X Algonac St. Clair X Algonac X X X Algonac St. Clair X Algonac X Clay Twp St. Clair X Alpena X X X Alpena Alpena X X X Arcadia X X Arcadia Twp Manistee X Au Gres X X Au Gres Arenac X Au Sable Harbor X X Au Sable Twp Iosco X Baraga X Baraga Twp Baraga X Barbeau/Neebish Island X Bruce Twp Chippewa X Bay Port X X Fair Haven Twp Huron X Big Bay X X Powell Twp Marquette X Black River X Ironwood Twp Gogebic X Bois Blanc Island X X X Bois Blanc Twp Mackinac X Bolles Harbor X X Monroe Twp Monroe X Brevort X Moran Twp Mackinac X Calcite X Rogers City Presque Isle X X (RC) Caseville X X Caseville Twp Huron X X Cedar River X X Cedarville Twp Menominee X Charlevoix X X X X Charlevoix Charlevoix X Charlevoix X Boyne City Charlevoix X Charlevoix X X X X Charlevoix Charlevoix X Charlevoix X East Jordan Charlevoix X Charlevoix X Ironton Charlevoix X Cheboygan X X X X Cheboygan Cheboygan X X Clinton River X X Mount Clemens Macomb X Copper Harbor X X Grant Twp Keeweenaw X DeTour X X X DeTour Twp Chippewa X Detroit X X X X Detroit Wayne Detroit X X X X Detroit Wayne X X X Detroit X River Rouge Wayne X X Eagle Harbor X Eagle Harbor Twp Keeweenaw X East Tawas X X East Tawas Iosco X X X Elk Rapids X X Elk Rapids Twp Antrim X Escanaba X X X Escanaba Delta X Fayette X Fairbanks Twp Delta X Frankfort X X Gilmore Twp Benzie X X Gladstone X X X Gladstone Delta X Grand Haven X X X Grand Haven Ottawa Grand Haven X Ferrysburg Ottawa X Grand Haven X Grand Haven Ottawa X X X Grand Marais X Burt Twp Alger X Grand Traverse Bay X X Schoolcraft Twp Houghton X 1 of 3 5/5/2010 Michigan Ports - 2010 Port Name (MDOT / Federal) Cargo Ferry Commercial Recreation Municipality County Twp City Attendee Resolution ISC Inventory Hammond Bay X X Bearinger Twp Presque Isle X Harbor Beach X X X Harbor Beach Huron X X Harbor Springs X Harbor Springs Emmet X Harrisville X X Harrisville Alcona X Hessel X Clark Twp Chippewa X Holland X X X Holland Ottawa X Keweenaw Waterway X X X X Keeweenaw Waterway Houghton Keweenaw Waterway X Hancock Houghton X Keweenaw Waterway X X Houghton Houghton X Lac LaBelle X Grant Twp Keeweenaw X Leland X X X Leland Twp Leelanau X X Lexington X X Lexington Twp Sanilac X Little Lake X McMillan Twp Luce X Ludington X X X X Ludington Mason X X Mackinac Island X X X X Mackinac Island Mackinac X Mackinaw City X X X Mackinac Twp Cheboygan X X X Manistee X X X Manistee Manistee X X X Manistique X X X Manistique Schoolcraft X Marine City X X X Marine City St. Clair X Marquette X X X Marquette Marquette X X X X X Marysville X Marysville Sanilac X Menominee X X X Menominee Menominee X Monroe X X X Monroe Monroe X X X X vacant Munising X X X X Munising Alger Munising X Grand Island Twp Alger X X Munising X X X Munising Alger X X X Muskegon X X X X Muskegon Muskegon X X X Naubinway X X Garfield Twp Mackinac X New Buffalo X X New Buffalo Berrien X North Manitou Island X Leland Twp Leelanau X Northport X Leelanau Twp Leelanau X Ontonagon X X X Ontonagon Twp Ontonagon X Pentwater X X Pentwater Twp Oceana X X Petoskey X Petoskey Emmet X X Port Austin X X Port Austin Twp Huron X Port Dolomite X Clark Twp Chippewa X Port Drummond X X Drummond Twp Chippewa X Port Gypsum X Alabaster Twp Iosco X Port Huron X X Port Huron St. Clair X X X Port Inland X Mueller Twp Schoolcraft X Port Sanilac X X Sanilac Twp Sanilac X X Portage Lake X X Onekema Twp Manistee X X X X 2 of 3 5/5/2010 Michigan Ports - 2010 Port Name (MDOT / Federal) Cargo Ferry Commercial Recreation Municipality County Twp City Attendee Resolution ISC Inventory Presque Isle X X Presque Isle Twp Presque Isle X X Rock Harbor X X Houghton Twp Keeweenaw X Rogers City X X Rogers City Presque Isle X X X X Saginaw River X X X Saginaw River Bay & Saginaw X (Co) Saginaw River X Bangor Twp Bay X Saginaw River X Bay City Bay X X X vacant Saginaw River X Buena Vista Twp Saginaw X Saginaw River X Carrollton Twp Saginaw X Saginaw River X Essexville Bay X Saginaw River X Hampton Twp Bay X Saginaw River X Saginaw Saginaw X Saginaw River X Zilwaukee Saginaw X Saginaw River X Zilwaukee Twp Saginaw X Saugatuck X X Saugatuck Allegan X X X Sault Ste. Marie X X X X Sault Ste. Marie Chippewa X X Sebewaing X X Sebewaing Twp Huron X South Haven X X South Haven Van Buren X X X South Manitou Island X X Glen Arbor Twp Leelanau X St. Clair X X St. Clair St. Clair X X St. Ignace X X X X St. Ignace Mackinac X X X St. James X X X St. James Twp Charlevoix X St. Joseph X X X St. Joseph Berrien St. Joseph X Benton Harbor Berrien X St. Joseph X St. Joseph Berrien X X X Stoneport X Presque Isle Twp Presque Isle X Suttons Bay X X Suttons Bay Twp Leelanau X Traverse City X X X Elmwood Twp Leelanau X X X Washington Harbor X X Eagle Harbor Twp Keeweenaw X White Lake X X Whitehall Muskegon X Whitefish Point X X Whitefish Twp Chippewa X Luna Pier N/A N/A N/A N/A Luna Pier Monroe N/A N/A X N/A X N/A Small Harbors Coalition N/A N/A N/A N/A N/A N/A N/A N/A X N/A X (PL) N/A 103 49 26 57 76 N/A 40 58 52 34 4 19 1 NOTES Port with multiple municipalities Individual municipality within port Multiple facilities in municipality Coastal partner - no port facility TOTALS 3 of 3 5/5/2010 DATE: 03/12/2010 TO: Honorable Mayor and Commissioners FROM: Anthony Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN090232 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 439 HOUSTON AVE Area 10 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN090232 - 439 HOUSTON AVE Location and ownership: This structure is located on Houston between Seventh and Sixth Streets and is owned by SZCZESNY JAMIN P. Staff Correspondence: A dangerous building inspection was conducted on 09/21/09. The Notice and Order to Repair was issued on 09/24/09. On 11/05/09 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 11/05/09. No permits have been issued, no inspections scheduled and no owner contact. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $30,300 (Entire property) Estimated cost to repair: $5,000 (Exterior only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 439 HOUSTON AVE This is a two story wood framed, single family dwelling. This structure is currently vacant and partially exposed to the weather. Permits were issued in 2006 to renovate this building, but were allowed to expire in 2007. Since that time it appears that the project has been abandoned. This building if allowed to remain in this condition will continue to deteriorate. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Monday, September 21, 2009 Enforcement # EN090232 Property Address 439 HOUSTON AVE Parcel #24-205-370-0002-00 Owner SZCZESNY JAMIN P Inspector: Henry Faltinowski Date completed: 09/21/2009 DEFICENCIES: Uncorrected 1. Exterior of home has incomplete window installation exposed osb is deteriorated. 2. Large area of exterior siding has peeling paint. 3. Bilco door is fall of debris; rotting wood. 4. Permits on home have expired. 5. Interior inspection by trade inspectors requested. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. _____________________________ _______________ Henry Faltinowski, Building Inspector Date Knockout Vending-The Machine Page 1 of 2 Product Details Knockout Vending is proud to bring to you the very best in bill operated boxing amusement machines, one of the easiest ways to make cash. Perfect for bars, night clubs, gyms, amusement centers, pool halls and wherever fun and energetic crowds gather. In high traffic locations, these machines are sure-fire moneymakers! Knockout Vending Machine Features: Game measures the strength of one hit to the sturdy boxer training pad. Bill acceptor is an easy-to-use mechanism. Punches cost $1. When placed in a high-traffic area, punching machine almost always gathers a crowd. 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Mr. and Mrs. McPherson’s purchase price is $105,000 with a subsidy of $32,500 dollars. The beautiful four bedroom, three full-bath home, which overlooks our lovely Farmer’s Market that the McPherson family is purchasing, was a previously blighted eyesore of a structure. As a part of the city’s continuous neighborhood redevelopment efforts, the house was purchased by the CNS office on the open market and totally rehabilitated with HOME funds. FINANCIAL IMPACT: The proceeds from the funding will be used to lower the current Home program deficit and to be added to the CNS office program income fund. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to complete the sale. COMMITTEE RECOMMENDATION: None MUSKEGON CITY COMMISSION RESOLUTION TO APPROVE THE SALE OF CITY- OWNED PROPERTY AT 214 MYRTLE WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and; WHEREAS, the City of Muskegon is dedicated to promoting high quality affordable single-family housing in the community and; WHEREAS, the City of Muskegon is dedicated to promoting homeownership throughout its neighborhoods; NOW THEREFORE, BE IT RESOLVED that the City Commission hereby approves the sale of the totally rehabilitated home for $105,000, which is located at 214 Myrtle, to be used as a single family owner-occupied home by Mr. Forest McPherson with a subsidy of $32,500. Adopted this 11th day of May, 2010. Ayes: Nays: By ______________________________ Stephen J. Warmington, Mayor By ______________________________ Ann Marie Becker, MMC City Clerk 214 Myrtle Resolution
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