City Commission Packet 04-22-2014

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      CITY OF MUSKEGON
       CITY COMMISSION MEETING
                           APRIL 22, 2014
     CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                 AGENDA

   CALL TO ORDER:
   PRAYER:
   PLEDGE OF ALLEGIANCE:
   ROLL CALL:
   HONORS AND AWARDS:
      A. 2013 Outstanding Citizenship Awards.
      B. Jazz Appreciation Month.
   INTRODUCTIONS/PRESENTATION:
   CITY MANAGER’S REPORT:
   CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
      B. Request to Fly the Norwegian Flag. CITY CLERK
      C. City – MDOT Agreement for Veteran Park Improvements. ENGINEERING
      D. Amendment to Chapter 30 “Fire Prevention & Protection”, Article IV
         “Recreational Fires”. PUBLIC SAFETY
      E. DBE/MBE/WBE Procurement Policy for Federally Contracted Programs
         and Collaborations. AFFIRMATIVE ACTION & RISK MANAGEMENT
      F. Fireworks Display Permit for Muskegon Country Club. CITY CLERK
      G. Fireworks Display Permit for 4th of July Celebration at Heritage Landing.
         CITY CLERK
   PUBLIC HEARINGS:
      A. 2014-2015 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES
   COMMUNICATIONS:
   UNFINISHED BUSINESS:
   NEW BUSINESS:
        A. Concurrence with the Housing Board of Appeals Notice and Order to
           Demolish the Following: PUBLIC SAFETY
             1974 Dowd Street
             1522 Clinton Street (Garage Only)
             1265 Holt Street
             912 E. Isabella Avenue
             1141 Jefferson Street
        B. Special Event Request – Muskegon Bike Time 2014.                                         PLANNING &
           ECONOMIC DEVELOPMENT
        C. Mobile Food Vending Ordinance. CITY CLERK
        D. Amendment to the Transient Merchant Ordinance. CITY CLERK
   ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
   Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD dial 7-1-1 to request a representative to dial (231) 724-6705.
Memorandum

To:      Mayor and Commissioners

From: Frank Peterson

Re:       City Commission Meeting

Date:    April 22, 2014

We have a number of items on the agenda, and I thought you could use a little background on them as
you prepare for our meeting next week.


      1. Concurrence with HBA. There are a number of structures that HBA has determined should be
         demolished. We are asking that you concur with that decision.
      2. Bike Time. City Staff has spent many sessions working with the event organizers. Overall, there
         are no major changes planned for the event’s structure, except that the event will now be
         managed locally, and not via a management company. We are recommending approval as
         presented.
      3. The mobile food vending ordinance is being brought back before the commission. Over the past
         two weeks, we have taken comments from a number of business owners and mobile food
         vendors. We have made a few tweaks as a result of comments received, and now ask the
         Commission to consider adoption with the 150 foot rule. Copies of available downtown mobile
         food vending areas with 150, 200, 250, and 300 foot buffer zones are attached for your
         consideration. A list of comments received is included in your packet.
      4. The transient merchant ordinance was also reviewed and offered for comment over the past
         two weeks. We are again asking the Commission to consider approval.

Other Updates:

      1. FY 2014-15 budget preparation is under way. We plan to incorporate some of the elements of
         the 5-year financial plan presented at the last Commission meeting.
      2. I plan to bring the 3 year action plans to the commission for consideration at the June or July
         Commission meeting.
      3. A number of you are planning to attend the Governor’s address at the Holiday Inn this Monday
         – if you have not already signed up, please contact my office ASAP.
      4. A copy of the agreement between Logger Management and the City related to LC Walker
         utilities is attached for your information.
Date:     April 22, 2014
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Cummings, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the April 7th
Commission Worksession Meeting, and the April 8th City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                       City of Muskegon
                                 City Commission Worksession
                                          April 7, 2014
                                  City Commission Chambers
                                            5:30 PM

                                          MINUTES

2014-25
Present: Commissioners Rinsema-Sybenga, Gawron, Hood, Johnson, German, Turnquist, and
Spataro.
Absent: None.

Three Downtown Businesses to Add Outdoor Service to Liquor Licenses.
Top Shelf Pizza, 500 W. Western, Pigeon Hill Brewery, 500 W. Western, and Smash Bar, 414
W. Western have or will be applying for outdoor services for their liquor license. While
Commission action is not required, we thought it would be a great opportunity for the licensees
to let the Commission know the exciting plans they have in store for downtown this summer

Jim Noel, owner of Top Shelf, introduced himself and is excited be part of the growing
downtown.

Michael Brower, owner of Pigeon Hill Brewery, stated their plans to add an outdoor service to
their newly opened business.

All businesses will need to meet the requirements for an encroachment agreement and any other
requirements by the City.

Amendment to Brownfield Plan – Terrace Point Landing, LLC and Downtown
Development Authority (DDA) Pass –Through Agreement.
The Brownfield Plan for Terrace Point Landing, LLC was adopted by the Brownfield
Redevelopment Authority and City Commission in 2013 for purposes of reimbursing the
developer for “eligible expenses” incurred in association with the project (approximately $12
million investment overall). In addition, the DDA and City Commission approved the
amendment of the DDA Plan to allow for “100% of the difference between the 1988 assessed
value and the 2013 assessed value or that parcel and 25% of any increase in the assessed value
beyond the 2013 tax year” (“parcel” being identified for the Terrace Point Landing LLC project).
The BRA Plan was forwarded to the MEDC for review and approval. City staff and the
developer were notified the week of March 24th that the MEDC was not recommending their
participation in the Plan. After several discussions and careful consideration, it was determined
that the project can proceed financially without the MEDC participation, providing the BRA tax
capture is the full 100% (rather than the 75% originally contemplated).

John Rooks, 5349 Lake Harbor Drive, made a presentation of the project.

This item has been placed on the April 8, 2014 Commission meeting for consideration.

Amendment to the Transient Merchant Ordinance.
Staff compared the current transient merchant ordinance with several other communities and
reviewed comments received by customers and is making recommendations for changes.

Some proposed changes include:
Offering the license as an annual license instead of a daily license currently allowed a maximum of 60
days per calendar year. The current fee is $30 per day. The proposed fee is $150 annual fee renewed
on May 1st of each year.

The bond amount is proposed to increase from $500 to $1000

School sponsored events should not require a permit

Merchants may stay in one location no longer than 45 (current ordinance states 90 days)

Hours shall be set between 9 a.m. and 8 p.m. or sunset (whichever is earlier)

Merchants may not operate within 1,000 feet of any approved special event or leased park unless they
have obtained permission from the event sponsor or lessee. The license does not allow for the sale of
goods or serves at any city-owned park/facility or farmer’s market without a permit from the City.

Residents and businesses selling parking spaces on their property during a City approved special event
in the downtown district are required to obtain a license. At least one ADA compliant restroom
facility with a hand washing unit must be made available to the public for the first 50 parking spaces
being offered on a parcel and two restroom facilities be available on parcels selling 100 or more
parking spaces. The license must be prominently displayed at the entrance to the parking facility and
if the number of parking spaces meets or exceeds 50, a sign must be prominently displayed indicating
to the public that a public restroom is available.

The fee for a license is proposed to be $25 for the first 50 parking spaces and $50 for more than 50
parking spots on one parcel.

This item will be placed on the April 22, 2014 City Commission meeting.

Mobile Food Vending Ordinance.
In consultation with Downtown Muskegon Now, staff has developed a Mobile Food Vending
Ordinance for consideration. The proposed monthly fee is $300. Those established brick and mortar
businesses located in the City of Muskegon selling their own goods through the mobile food vending
ordinance may pay a monthly fee of $150.

Mobile food vehicles shall not be left unattended and cannot be parked between the hours of 3 a.m.
and 6 a.m. They shall not operate within 1,000 feet of any City approved special event or leased park.
Vendors wishing to sell at the Farmer’s Market must obtain permission through management of the
Farmer’s Market.

Mobile food vehicles shall not be parked within 150 feet of an existing brick and mortar restaurant
during the hours when such restaurant is open to the public for business unless permission has been
obtained from the restaurant.

Applications will be considered for the following areas: Sherman Blvd, Henry Street, Apple Avenue,
Laketon Avenue, Getty Street as well as within the area of the Downtown District Authority, and industrial
parks.

City Commissioners requested staff seek input from downtown businesses and bring this back to
their April 22, 2014 meeting for consideration.
Muskegon Firefighters Union – Contract Settlement.
Frank Peterson, City Manager, presented a contract settlement for the Muskegon Firefighters
Union.

The City Commission will consider this item at its April 8, 2014 City Commission Meeting.

LC Walker Arena Management/Operations Costs.
Representatives of the LC Walker Arena were present to give an update on the operations of the
LC Walker Arena and new promotions they have put together to make it a viable business 365
days per year.

Commissioner German left at 7:18 p.m.

Commissioner Johnson asked for the last two years utility bills and attendance records before
voting on this issue.

An energy audit being conducted tomorrow.

Recreational Fires
Chief Lewis indicated he would like to propose an ordinance to better define recreational fires.
An ordinance will be presented to the Commission at a later date.

2014-15 City Commission Goals/Action Plan.
City Manager, Frank Peterson, reviewed the goals/action plans for the City in detail. It is a
working document and will be used as a guide.

This items has been placed on the April 8, 2014 Commission Meeting for consideration.

Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Spataro to adjourn at 8:24
p.m.

                                                                            MOTION PASSES



                                                             ____________________________
                                                              Ann Marie Cummings, MMC
                                                                         City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         APRIL 8, 2014
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                               MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, April 8, 2014.
Mayor Gawron opened the meeting with 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Dan Rinsema-Sybenga, Byron Turnquist, Ken
Johnson, and Eric Hood, City Manager Franklin Peterson, City Attorney John
Schrier, and City Clerk Ann Marie Cummings.
2014-26 HONORS AND AWARDS:
     A. Recognition of Dave Alexander.
Mayor Gawron recognized MLive reporter Dave Alexander, thanked him for his
coverage of the City of Muskegon, and congratulated him on his new position
with MLive.
2014-27 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the March 25th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. National Bike to Work Week Proclamation. CITY CLERK
SUMMARY OF REQUEST:        The City Commission is asked to adopt the
proclamation supporting National Bike to Work Week, May 12 through May 16,
2014.



                                                                           1
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proclamation.
      D. Concession/Vending Contract for City of Muskegon Parks.        PUBLIC
         WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement with Branden M. Reed, per proposal, at/between Pere
Marquette Beach and Kruse Park, located within the City of Muskegon for selling
bottle water and carbonated beverages.
FINANCIAL IMPACT: Contract revenue will be 10% of gross receipts, per
Concession/Vending Agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         Authorize DPW staff         to   enter   into   a
concession/vending agreement with Branden M. Reed.
      F. Bella Dawg Concession Contract for City of Muskegon Parks. PUBLIC
         WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement with Steve Hamstra of Bella Dawg at various City of
Muskegon parks/facilities, as determined by staff, located within the City of
Muskegon to sell hot dogs and other minor snacks from a mobile cart.
FINANCIAL IMPACT: Concession revenue is 10% of gross receipts. Commission
revenue in 2013 was $276.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW staff to enter into a concession
agreement with Steve Hamstra of Bella Dawg.
      I. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC
         WORKS
SUMMARY OF REQUEST: Award the bids as listed.
FINANCIAL IMPACT: $441,348 based on quantities requested in bid at 2014
quotes (except concrete mix).
BUDGET ACTION REQUIRED: None, funds appropriated in several budgets.
STAFF RECOMMENDATION: Recommend approval of bids as outlined.
      J. Amendment to Brownfield Plan – Terrace Point Landing, LLC and
         Downtown Development Authority (DDA) Pass-Through Agreement.
         PLANNING & ECONOMIC DEVELOPMENT



                                                                              2
SUMMARY OF REQUEST: The Brownfield Plan for Terrace Point Landing, LLC was
adopted by the Brownfield Redevelopment Authority (BRA) and the City
Commission in 2013 for purposes of reimbursing the developer for “eligible
expenses” incurred in association with the project (approximately $12 million
investment overall). In addition, the DDA and City Commission approved the
amendment of the DDA Plan to allow for “100% of the difference between the
1988 assessed value and the 2013 assessed value for that parcel and 25% of any
increase in the assessed value beyond the 2013 tax year” (“parcel” being that
identified for the Terrace Point Landing LLC project). The BRA Plan was
forwarded to the Michigan Economic Development Corporation (MEDC) for
review and approval. City staff and the developer were notified the week of
March 24 that the MEDC was not recommending their participation in the Plan.
After several discussions and careful consideration, it was determined that the
project can proceed financially without the MEDC participation, providing the
BRA tax capture is the full 100% (rather than the 75% originally contemplated).
FINANCIAL IMPACT: Brownfield Tax Increment Financing (100% of the capture)
will be used to reimburse the developer for “eligible expenses” incurred in
association with development of the Terrace Point Landing project (see
estimated tax capture and payment schedule). The actual development will
generate future property taxes for the City, as well as income tax from those
living in the development.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To endorse the BRA and DDA approvals for the BRA
amendment and DDA amendment.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority and
Downtown Development Authority met on April 2, 2014, and approved both the
BRA Plan amendment and the DDA Plan amendment.
      K. Permanent Traffic Control Order. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to install “1 (one) hour parking” signs from
8:30 am to 5:30 pm, where permissible to install, on Terrace Street, Pine Street,
Spring Street, Walton Avenue, and Myrtle Avenue per Traffic Control Work Order
#14-(2014).
FINANCIAL IMPACT: Cost of signs and man-power to install, if approved.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW staff to install “1 (one) hour parking”
signs on Terrace, Pine, Spring, Walton, and Myrtle.
      L. Muskegon Firefighters Union – Contract Settlement. CITY MANAGER
SUMMARY OF REQUEST: The City and MFU have been working on a 5 year



                                                                               3
agreement for the last two months.        We have reached a tentative
agreement, and the union had a successful ratification vote in March.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the tentative agreement and to
authorize the Mayor and Clerk to sign the contract.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to adopt the
Consent Agenda minus items C, E, G, H, M, and N.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Spataro
           Nays: None
MOTION PASSES
2014-28 ITEMS REMOVED FROM THE CONSENT AGENDA:
     C. 2014 Water Treatment Chemical Bids. PUBLIC WORKS
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder
to supply sodium hypochlorite for the water filtration plant.
FINANCIAL IMPACT: Annual cost of $52,207 (based on average annual water
pumped to mains).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the low bid received and enter into a contract with Alexander
Chemical for sodium hypochlorite for one year, beginning April 14, 2014.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the bid with Alexander Chemical for sodium hypochlorite for one year
beginning April 14, 2014.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
           Rinsema-Sybenga
MOTION PASSES
     E. Jay-Boards Concession Contract for City of Muskegon Parks. PUBLIC
        WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a three-year
contractual agreement with Jason Gorski of Jay-Boards, per proposal, at Pere
Marquette Beach and Harbor Towne Beach, located within the City of
Muskegon for stand-up paddleboard rentals/lessons.
FINANCIAL IMPACT:    Contract revenue will be 10% of gross receipts, per


                                                                          4
Concession Agreement. Concession revenue in 2013 was $472.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW staff to enter into a concession
agreement with Jason Gorski of Jay-Boards.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to authorize
DPW staff to enter into a concession agreement with Jason Gorski of Jay-Boards.
ROLL VOTE: Ayes:  Johnson, Gawron, Hood, Spataro, German, Rinsema-
           Sybenga, and Turnquist
MOTION PASSES
      G. Lease Proposal for MACkiteboarding at Pere Marquette Park. PUBLIC
         WORKS
SUMMARY OF REQUEST: Staff is asking permission to negotiate a three-year lease
agreement (2014, 2015, and 2016) with Steve Negen of MACkiteboarding for a
kiteboard school and shop in Pere Marquette Park at 1955 Beach Street (former
old brown/brick beach house building by Filtration Plant). The negotiations
entail “in-kind” services and/or donation to the Pere Marquette Park/facilities in
lieu of the standard lease payment and/or a combination of both.
FINANCIAL IMPACT: Revenue of $2,500 per year, similar to previous agreements,
and/or a combination of $ and “in-kind” services.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         Authorize staff to negotiate a three-year lease
agreement.
Motion by Commissioner Turnquist, second by Vice Mayor Spataro to authorize
staff to negotiate a three-year lease agreement with MACkiteboarding at Pere
Marquette Park.
ROLL VOTE: Ayes:    Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Spataro, and German
MOTION PASSES
      H. Consideration of Bids for Janitorial Services Contract 2014-2017.
         ENGINEERING
SUMMARY OF REQUEST: Award the Janitorial Services Contract to Reliant
Professional Cleaning Services out of Grand Haven. The contract would be to
clean City Hall and DPW for the next three years, starting May 1, 2014, until April
30, 2017. Reliant was the lowest responsible bidder with a bid price of $46,740
per year and $140,220 total contract for three years.
FINANCIAL IMPACT: $46,740 per year.



                                                                                 5
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Award    the three-year    contract   to   Reliant
Professional Cleaning.
Motion by Commissioner German, second by Vice Mayor Spataro to award the
three-year contract to Reliant Professional Cleaning.
ROLL VOTE: Ayes:      Gawron, Hood, Spataro, German, Rinsema-Sybenga,
           Turnquist, and Johnson
            Nays: None
MOTION PASSES
      M. LC Walker Arena Management/Operations Costs. CITY MANAGER
SUMMARY OF REQUEST: In response to a request from the city’s contracted
management firm for the LC Walker Arena, city staff has been working on a
plan to identify temporary funding to offset high utility costs for the LC Walker
Arena.
The facility was built as a hockey arena, but its high operation costs cannot be
sustained by one main hockey tenant alone.
City staff is asking the Commission to approve a one-year agreement with the
management company to provide assistance with utilities effective April 1
2014, and expiring March 31, 2015, with stipulations as follows:
   1. An increase in the ticket surcharge equal to $1.00 effective for the 2014-
      15 Lumberjacks hockey season, with the proceeds dedicated 50/50 to
      electricity and capital maintenance.
   2. City to reimburse the management company75% of the net utility costs
      each month, up to $15,000 monthly.
   3. Management Company to provide City with 20 tickets to each home
      game for the City to use to invite Muskegon youth to the hockey games.
      Inclusive of all surcharges, the City will be responsible for payment of
      $3.00 for each ticket.
   4. A plan to be presented to the City Commission prior to December 31,
      2014 outlining the long-term viability of the LC Walker Arena, with a
      recommendation from staff related to the best long-term use of the
      facility.
   5. The City reserves the right to terminate this agreement with 30 days
      notice.
FINANCIAL IMPACT: Up to $45,000 for FY 13-14 and up to $135,000 for FY 14-15.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request and authorize the Mayor
and Clerk to sign an agreement.


                                                                                6
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the
request and authorize the Mayor and Clerk to sign the subsequent agreement.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Gawron, and
           Hood
           Nays: Johnson
MOTION PASSES
     N. 2014–15 City Commission Goals/Action Plan. CITY MANAGER
STAFF RECOMMENDATION: To adopt the action plan and direct the city staff to
begin the process of sharing the plan with the public and prepare for
implementation.
Motion by Commissioner German, second by Commissioner Hood to accept the
2014-15 City Commission Goals/Action Plan.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Spataro
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:19 p.m.


                                        Respectfully submitted,




                                        Ann Marie Cummings, MMC
                                        City Clerk




                                                                         7
Date:      April 22, 2014
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Cummings, City Clerk
RE:        Request to Fly the Norwegian Flag




SUMMARY OF REQUEST: Sons of Norway are requesting permission
to fly the Norwegian Flag at City Hall on Saturday, May 17th in honor of
Norway’s Constitution Day (Independence Day).


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval of the request.
Date:        April 22, 2014
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          City – MDOT Agreement for:
             Veteran Park Improvements


SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the pedestrian mobility improvements
at the Veteran’s memorial park at the Causeway between the northbound and
southbound of M-120 and approve the attached resolution authorizing the Mayor and
City Clerk to sign the contract.



FINANCIAL IMPACT:
The estimated total cost of this project is $978,500 of which $39,100 is the local
share. As of April 2012, the three local agencies; Muskegon, N. Muskegon &
Muskegon County had committed a total of $36,000 with the veteran group
committing to make up any shortfall.

BUDGET ACTION REQUIRED:
none at this time as this project was budgeted for.

STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.



COMMITTEE RECOMMENDATION:
                             RESOLUTION__________

RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR
THE PEDESTRIAN MOBILITY IMPROVEMENT WORK BETWEEN NORTHBOUND AND
SOUTHBOUND OF M-120 (VETERAN PARK) INCLUDING SIDEWALKS, DECORATIVE
LIGHTING TOGETHER WITH OTHER NECESSARY RELATED WORK ITEMS AND
AUTHORIZATION FOR MAYOR STEPHEN J. GAWRON AND CITY CLERK, ANN
CUMMINGS, TO EXECUTE SAID CONTRACT

Moved by_____________________________________and supported by


Commissioner___________________________that the following Resolution be
adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 14-5155 between the
Michigan Department of Transportation and the City of Muskegon for the pedestrian
mobility improvement work between northbound and southbound of M-120
(veteran park) within the Cities of Muskegon & N. Muskegon is in the best interest of
the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 14-5155 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.



Adopted this____________day of____________, 2014.

                                          BY

                                               Stephen J. Gawron, Mayor

                                          ATTEST

                                               Ann Cummings, City Clerk

                                 CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
____________, 2014. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
                                               CITY OF MUSKEGON

                                          By___________________________
                                               Ann Cummings, City Clerk
Date:         April 10th, 2014

To:           Honorable Mayor and City Commissioners

From:         Director of Public Safety Jeffrey Lewis

RE:          Amendment to Chapter 30 “Fire Prevention &
             Protection”, Article IV “Recreational Fires”.


SUMMARY OF REQUEST:

The Director of Public Safety requests that the City Commission review and authorize
the proposed amendments to Chapter 30, Article IV of the Recreational Fire
Ordinance, Section(s) 30-220, 221, 222, 223, of the City of Muskegon “Fire
Prevention and Protection” Ordinance.

The Muskegon Fire Department has reviewed and proposed changes in our
recreational fire ordinance to better serve the community at large and address illegal
burning issues in our city in which fire/police must respond to in order to maintain
general public safety.

The amendments are to address; size of the fire pit, materials that are allowed in the
fire pit, use manufactured portable burning stand. The prohibition of steel “burn
barrels”, commonly used for burning trash and yard waste, and examples of items
that cannot be burned without violating the amended ordinance (see attachment for
full details).

FINANCIAL IMPACT:

N/A

BUDGET ACTION REQUIRED:

N/A

STAFF RECOMMENDATION:

Staff recommends approving amendments to said existing ordinance
                                                        City of Muskegon
                                                   Muskegon County, Michigan
                                                 Ordinance Amendment No. _____


THE CITY OF MUSKEGON HEREBY ORDAINS:


Chapter 30 “Fire Prevention and Protection,” Article IV “Recreational Fires,” of the Code of
Ordinances of the City of Muskegon is amended as follows:

Sec. 30-220. Guidelines.

All persons making recreational fires or engaged in open burning within the city limits shall
abide by the following:

            1. Only natural cut wood no longer than 24 inches in length may be burned.
            2. The following shall not be burned: leaves, brush, pine needles, processed lumber,
               varnished or painted materials, pallets, sawdust, wiring, furniture, carpeting, or grass.
            3. No burning of materials in a barrel (also known as “barrel burning”) is allowed.
            4. Fires must be in a pit no wider than 36 inches in diameter and it is recommended that
               it have brick or concrete block on the outside or the ring. A specially made above
               ground stand, also known as portable outdoor fireplace, may be used.
            5. The fire shall be attended to at all times and extinguished completely when left
               unattended.
            6. Maintain a minimum of 25 feet between the fire and any combustible surface or
               material, including but not limited to houses, fencing, trailers, and vehicles.
            7. A compatibly-sized means of extinguishment must be available at all times, e.g., a
               garden hose connected to the house that reaches the edge of the fire.
            8. Use extreme caution when weather conditions result in lack of rain for more than a
               week and/or high temperatures result in dry conditions.
            9. Be observant to wind direction and smoke travel into neighboring homes. Extinguish
               fire if smoke is traveling into a neighboring home.

Section 30-221. Extinguishment Order

The city fire department or police department may order the extinguishment of a recreational fire
or open burning for the following reasons:

      1.    High winds
      2.    Burning prohibited materials.
      3.    Citizen complaint (including health concerns from smoke).
      4.    Unattended fire.
      5.    Potential safety concerns as determined by the city fire or police department.




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Section 30-222. Refusal to comply with extinguishment order

If a person refuses to comply with an order issued by the fire and/or police department to
extinguish a fire, the fire will be extinguished by the fire department.

Section 30-223. Civil Infraction

The fire and/or police department may issue a civil citation to the person(s) refusing to comply
with the order to extinguish or for failure to comply with an of the guidelines in Section 30-221.


This ordinance adopted:


            Ayes: ______________________________________________________________
            Nays: _______________________________________________________________


Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________


                                                                                    CITY OF MUSKEGON


                                                                                    By ______________________________
                                                                                       Ann Cummings, MMC
                                                                                       City Clerk




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                                                                 CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the          day of                      , 2014, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.


DATED:                                    , 2014


                                                                 _______________________________________
                                                                 Ann Cummings, MMC
                                                                 Clerk, City of Muskegon

Publish:             Notice of Adoption to be published once within ten (10) days of final adoption.




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                                                        CITY OF MUSKEGON
                                                       NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED

      Please take notice that on ___________________, 2014, the City Commission of the City
of Muskegon adopted an amendment to Chapter 30 “Fire Prevention and Protection,” Article IV
“Recreational Fires,” whereby the following changes were made:

Section 30-220. Guidelines were amended to include all open burning, in addition to
“recreational fires.”

            (1) Now specifies that any natural cut wood burned can not be longer than 24 inches in
                length and to prohibit burning small brush.
            (2) Now specifies the additional examples of items prohibited from burning such as
                brush, pine needles, processed lumber, varnished or painted materials, wiring,
                furniture, carpeting and grass.
            (3) Now prohibits “barrel burning.”
            (4) Now requires all fires to be in a pit no wider than 36 inches in diameter and
                recommends a brick or concrete block around the ring. Portable outdoor fireplaces
                are also allowed.
            (5) Now requires that fires be completely extinguished if left unattended.
            (6) Now gives the examples of houses, fencing, trailers and vehicles as combustible
                surfaces or materials that a fire must be 25 feet from.
            (7) Now offers a garden hose attached to the house that reaches the edge of the fire as an
                acceptable means of extinguishment to have available.
            (8) Not amended.
            (9) Requires that persons be observant to wind direction and to extinguish fires causing
                smoke to travel into neighboring homes.

Section 30-221 Extinguishment Order was amended to allow for the police department, as well
fire department personnel to issue order to extinguish non-compliant fires and to allow the fire
department to extinguish them if the person burning it refuses.

Section 30-222 Civil Infraction was amended to allow police or fire department personnel to
issue a civil citation for refusal to comply with an extinguishment order or any other failure to
comply with the guidelines of Section 30-220.

        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



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Published: _________________, 2014                                      By:         ______________________________
                                                                                    Ann Cummings, MMC, Its Clerk


------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




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MEMO
Date: April 22, 2014

To: Honorable Mayor & City Commission

From: Affirmative Action &Risk Management

RE: DBE/MBE/WBE PROCUREMENT POLICY FOR FEDERALLY CONTRACTED
PROGRAMS AND COLLABORATIONS

SUMMARY OF REQUEST:

The Contract and Procurement Policy for Federally Contracted Programs and
Collaborations has been developed to include the “Fair Share Goals” language to
meet the “Good Faith Effort” requirements of our federally contracted funds. The “Fair
Share Goals” are specific to the Environmental Protection Agency (EPA) contracts, and
“Good Faith Efforts” are standard to our other federally contracted funds.

The steps for “Good Faith Efforts” will allow the city to achieve compliance in all of our
federal contracts and ensure that Disadvantaged Business Enterprises (DBE), Minority
Business Enterprises (MBE), and Women-owned Business Enterprises (WBEs) are actively
solicited for participation in the bid process for contracting and procurement of
supplies, construction, equipment and services under all federal contracts and
collaborations.

The Policy will be placed in all contracts and collaborations that include federal funds.

FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION:

Approval of the City of Muskegon DBE/MBE/WBE Procurement Policy for Federally
Contracted Programs and Collaborations, and authorize the Mayor and Clerk to sign.
                                                                                 CITY OF MUSKEGON
                                                         DBE/MBE/WBE PROCUREMENT POLICY
                                                               DISADVANTAGED BUSINESS ENTERPRISE (DBE)
                                                                     MINORITY BUSINESS ENTERPRISE (MBE)
                                                                      WOMAN BUSINESS ENTERPRISE (WBE)




                                            POLICY STATEMENT

It is the policy of the City of Muskegon to assure that small disadvantaged business enterprises (DBE), minority
business enterprises(MBE), and woman-owned business enterprises(WBE) are given the opportunity to
participate in contracting and procurement for supplies, construction, equipment and services under federal
contracts and collaborations.
This policy applies to all contracts/procurement for supplies, construction equipment and services under any
federally contracted grant or cooperative agreement. The purpose is to ensure nondiscrimination in the
solicitation, either by competitive bidding or negotiation, and award and administration of federally assisted
contracts and collaborations.
Entities contracting or sub-contracting with the City of Muskegon shall comply with regulations relative to
nondiscrimination in Federally-assisted programs as amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
During the performance of any contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the “contractor”) agrees, as follows:
STATEMENT OF NON-DISCRIMINATION
The contractor, with regard to the work performed by it during the contract, shall not discriminate on the
grounds of race, color, sex, or national origin in the selection, retention, and treatment of subcontractors,
including procurements of supplies, construction, equipment and services.
FAIR SHARE GOALS
All methods of solicitation shall include the following language to meet “Good Faith Effort” requirements as
stated in the general provisions of EPA’s 40 CFR 33 of the Federal Regulation:
               This contract is subject to the Environmental Protection Agency’s (EPA) “fair share policy,”
               which includes EPA-approved “fair share goals” for Disadvantaged Business Enterprise (DBE),
               Minority Business Enterprise(MBE) and Woman Business Enterprise (WBE) firms in the
               Construction, Supplies, Equipment, and Services procurement categories. EPA’s policy requires
               that applicants and prime contractors make a good faith effort to award a fair share of
               contracts, subcontracts and procurements to Minority Business Enterprise and Women-Owned
               Business Enterprise firms. Although EPA’s policy does not mandate that the fair share goals be
               achieved, it does require applicants and prime contractors to demonstrate use of the six
               affirmative steps, and adhere to the current fair share goals for the State of Michigan.

Page | 1 
                                                                                          Dt/DBE/MBE/WBE Policy/20140402 
GOOD FAITH EFFORTS

(1) The City of Muskegon shall ensure DBE/MBE/WBEs are made aware of contracting opportunities to the
fullest extent practicable through outreach and recruitment activities by maintaining a solicitation list of
DBE/MBE/WBE businesses and notifying them whenever they are potential sources.

              (a) Maintain and update a listing of qualified DBE/MBE/WBEs that can be solicited for
              construction, equipment, services and/or supplies on the City of Muskegon website.
              (b) Provide listings to all interested parties who request copies of the bidding or proposing
              documents.
              (c) Contact appropriate sources within our geographic area to identify DBE/MBE/WBEs for
              placement on our business listings.
              (d) Utilize other DBE/MBE/WBE listings such as those of the States Minority Business Office,
              the Small Business Administration, Minority Business Development Agency (MBDA) of the
              Department of Commerce, EPA OSDBU, DOJ, HUD, DOT and Department of Homeland
              Security.
              (e) Solicitation lists are available for review at all times via the city website.

(2) The City of Muskegon shall make information of forthcoming opportunities available to DBE/MBE/WBEs
and arrange time for viewing of contracts and establish delivery schedules, where requirements permit, in a way
that encourages and facilitates participation by DBEs, MBEs, and WBEs in the competitive process. This
includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar
days(federal projects) and 10 calendar days(local projects), before the bid or proposal closing date.
               (a) Develop realistic delivery schedules which may provide for greater DBE/MBE/WBE
               participation.
               (b) Advertise through the minority media in order to facilitate DBE/MBE/WBE utilization. Such
               advertisements may include, but are not limited to, contracting and subcontracting opportunities,
               hiring and employment, or any other matter related to the project.
               (c) Advertise in general circulation publications, trade publications, State agency publications
               and minority and women’s business focused media concerning contracting opportunities on our
               projects. Maintain a list of minority and/or women’s business-focused publications that may be
               utilized to solicit DBE/MBE/WBEs.

(3) The City of Muskegon will consider in the contracting process whether firms competing for large contracts
could subcontract with DBE/MBE/WBEs. The City of Muskegon will divide total requirements when
economically feasible and practical into smaller tasks or quantities in order to increase opportunities for
participation by DBE/MBE/WBEs in the competitive process.

              (a) Perform an analysis to identify portions of work that can be divided and performed by
              qualified DBE/MBE/WBEs.
              (b) Scrutinize the elements of the total project to develop economical units of work that are
              within the bonding range of DBE/MBE/WBEs.
              (c) Conduct meetings, conferences, and follow-ups with DBE/MBE/WBE associations and
              minority media to inform these groups of opportunities to provide construction, equipment,
              services and supplies.



Page | 2 
                                                                                       Dt/DBE/MBE/WBE Policy/20140402 
(4) The City of Muskegon will consider and encourage contracting with a consortium of DBE/MBE/WBEs
when a contract is too large for one of these firms to handle individually.

               (a) Notify DBE/MBE/WBEs of future procurement opportunities so they may establish bidding
               solicitations and procurement plans.
               (b) Provide DBE/MBE/WBEs trade organizations with succinct summaries of solicitations.
               (c) Provide interested DBE/MBE/WBEs with adequate information about plans, specifications, timing
               and other requirements of the proposed projects.

(5) Use the services and assistance of the Small Business Administration (SBA) and the Minority Business
Development Agency (MBDA).

               (a) Use the services of outreach programs sponsored by the MBDA and/or the SBA to recruit
               bona fide firms for placement on DBE/MBE/WBEbidders lists to assist these firms in the
               development of bid packaging.
               (b) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime
               contractors in identifying DBE/MBE/WBEs for potential work opportunities on projects
 
(6) If the prime contractor awards subcontractors, the prime contractor is required to take the steps in
subparagraphs (1)-(5) of this section.
 
DOCUMENTATION/REPORTING

The contractor shall provide all information and reports required by the Regulations, or directives issues
pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the appropriate federal agency to be pertinent to ascertain compliance with
such Regulations or directives. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the contractor shall so certify to the appropriate State or
Federal Agency, as appropriate, and shall set forth what efforts it has made to obtain the information.

NON – COMPLIANCE

Contractors, sub-contractors, and other associated entities failing to comply with the federal regulations legally
required under contracts associated with Environmental Protection Agency (EPA), Housing and Urban
Development (HUD), Department of Justice (DOJ), Department Of Transportation (DOT), or Department of
Homeland Security (DHS) that have been granted to the City of Muskegon, may result in delayed closings,
withholding the release of funds, or commitment cancellation.

___________________________________
Stephen Gawron 
Mayor 
 
_________________________________
Ann Marie Cummings 
City of Muskegon Municipal Clerk 

Page | 3 
                                                                                          Dt/DBE/MBE/WBE Policy/20140402 
Date:      April 22, 2014
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Cummings, City Clerk
RE:        Fireworks Display Permit for Muskegon Country
           Club




SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting
approval of a fireworks display permit for July 4, 2014, at the Muskegon
Country Club, 2801 Lakeshore Drive. Fire Marshall Metcalf will inspect
the fireworks on the day of the event.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
Date:      April 22, 2014
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Cummings, City Clerk
RE:        Fireworks Display Permit for 4th of July
           Celebration at Heritage Landing.




SUMMARY OF REQUEST: Night Magic is requesting approval of a
fireworks display permit for July 4th at Heritage Landing. Fire Marshall
Metcalf has reviewed the request and recommends approval contingent
on inspection of the fireworks.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
         Commission Meeting Date: April 22, 2014

Date:     April 15, 2014
To:       Honorable Mayor and City Commission
From:     Community and Neighborhood Services Department
RE:       Public Hearing for 2014 – 2015 Action Plan


SUMMARY OF REQUEST: To conduct a public hearing of the 2014 –
2015 Action Plan for public comments.
FINANCIAL IMPACT: Action Plan establishes the 2014-2015 Community
Development Block Grant and HOME budgets.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To receive comments about the proposed
2014 – 2015 Action Plan at the public Commission meeting.
COMMISSION MEETING: 4/22/2014

DATE:        03/31/2014

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN130206


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
1974 DOWD STis 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: # EN130206 - 1974 DOWD ST

Location and ownership: This structure is located on Dowd St. between Windsor
and Young and is owned by WEXSTAFF JAMES E/TRICIA A.

Staff Correspondence: A dangerous building inspection was conducted on
9/03/2013. The Notice and Order to Repair was issued on 11/01/2013. On
12/5/2013 the HBA declared the structure substandard and dangerous.


Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $ 16,300

Estimated cost to repair: $ 40,500

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Additional Information (History):

Owner Contact: The owner has made no contact with the City or SAFEbuilt.
Owner Mailings: N&O - signed-James Wexstaff
HBA Meeting - Returned Unclaimed
HBA Determination - Justin Wexstaff

Ocwen Loan Services Mailings:N&O - signed - Earl Hill
HBA Meeting - Earl Hill
HBA Determination - Earl Hill

Permits obtained: The only permit obtained for this property was PE070389 to
upgrade the electrical service to 100 amp service due to power surge. This had
been obtained 7/31/2007 &finaled 8/2/2007.

                AFTER CONCURRANCE OF THE CITY COMMISSION THE
                              INTERESTED PARTIES MAY:
        If you disagree with the decision of the City Commission, you have the right to
file a petition for superintending control in the Circuit Court for the County of Muskegon
within 21 days after the City Commission concurs.




Front of home.                                   Foundation




Roof-North side of home.                         Roof-South side of home.
                                  CITY OF MUSKEGON
                             CODE COMPLIANCE DEPARTMENT
                                 933 TERRACE ST STE 202
                                  MUSKEGON, MI 49440
                                   (231) 724-6766 (Office)
                                    (231) 724-6790 (Fax)

                             DANGEROUS BUILDING REPORT


                                       1974 DOWD ST
                                         09/03/2013

Exterior Inspection noted:

1)   Deteriorated/Missing Roof/Shingles/Eaves – Needs new roof.
2)   Foundation is missing in many areas.
3)   Foundation has large cracks
4)   Holes in Siding
5)   Trash all over.
6)   Need interior inspection.
                                                                           
                                       Building Department Services 
11/19/2013

WEXSTAFF JAMES E/TRICIA A
639 S DANGL ROAD
MUSKEGON, MI 49442

RE: 1974 DOWD ST DANGEROUS BUILDING INTERIOR INSPECTION

The SAFEbuilt Building Dept. conducted an interior inspection at 1974 DOWD ST to determine
what was needed to bring the building up to code and be able to issue a certificate of occupancy.

Below are the inspection results:

    1.  All work must be done by a licensed contractor
    2.  Needs hangers on the carport rafters
    3.  Needs a new roof
    4.  Must fix roof rafters
    5.  Needs insulation to code
    6.  Needs new drywall
    7.  House is filled with mold
    8.  Floor is sagging must fix
    9.  House is filled with debris
    10. House has asbestos siding
    11. Must install a vapor barrier in the crawl space and insulate and vent
    12. Must fix the damaged foundation
    13. House to be rewired to code
    14. House to have smoke alarms to code
    15. Electric service to meet code
    16. Pressure test gas line
    17. Inspect and certify HVAC, water heater, chimney
    18. Clean ductwork
    19. Establish kitchen and bath plumbing to 2009 MDC
    20. Inspect and certify all house plumbing when water is established, water distribution plus drain plus
        vent
    21. Provide vacuum breakers for hose spigot

Please contact us if you have any questions and/or concerns. Please note that some or all of the
above items will need to have permits taken out before the repairs can be made. I have attached
blank permit applications for your convenience.

Thank you.



Kirk Briggs
Building Official
 
COMMISSION DATE: 4/22/2014

DATE:        03/31/2014

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN130251


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
1522 CLINTON ST (GARAGE ONLY)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: # EN130251 - 1522 CLINTON ST (GARAGE ONLY)

Location and ownership: This structure is located on Clinton St. between E
Grand and E. Southern Ave. and is owned by GURWITZ ALAN M.

Staff Correspondence: A dangerous building inspection was conducted on
9/3/2011 & 9/18/2013. The Notice and Order to Repair was issued on 11/1/2013.
On 12/5/2013 the HBA declared the structure substandard and dangerous. On
2/4/2014 the HDC concurred with the HBA declaring the structure substandard
and dangerous.


Financial Impact: General Funds

Budget action required: None

State Equalized value:     $ 16,900

Estimated cost to repair: $ 4,410 (garage only)

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Additional Information (History):

Owner Contact: The owner has had no contact with staff regarding this case.
Owner Mailings: SAFEbuilt letter - returned unsigned
N&O letter - returned unsigned
HBA Meeting Letter - returned unsigned
HBA Determination - returned unsigned
HDC Meeting - returned unsigned
HDC Determination - returned unsigned

Fifth Third Bank: A representative stated they have no interest in saving the
garage.

Permits obtained: 9B1200059 – Reroof dwelling over one layer. Issued
2/27/2012 and finaled 4/1/2013.




Garage roof.                                     Garage door.




Blue garage only. This is off the alley.




        If you disagree with the decision of the City Commission, you have the right to
file a petition for superintending control in the Circuit Court for the County of Muskegon
within 21 days after the City Commission concurs.
                             CITY OF MUSKEGON
                        CODE COMPLIANCE DEPARTMENT
                            933 TERRACE ST STE 202
                             MUSKEGON, MI 49440
                              (231) 724-6766 (Office)
                               (231) 724-6790 (Fax)

                        DANGEROUS BUILDING REPORT


                           1522 CLINTON ST (Garage Only)
                                9/03/2011 & 9/18/2013


Inspection noted:

1.  Garage roof is completely deteriorated.
2.  Garage has broken windows
3.  Garage window glazing is missing
4.  Garage siding has holes in it
5.  Garage siding is rotted
6.  Garage has peeling paint that needs to be scraped and needs to be protected from the
    weather by properly applied water-resistant paint or waterproof finish
7. Garage roof is close to collapse
8. Garage service door is unsecured
9. Remove the overgrowth from the north side of the structure
10. Permits are required for the repairs or demolition of the structure. Please contact
    SAFEBuilt to obtain either these permits (231) 724-6715.




John Schultz, Code Compliance Inspector

BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS
BEEN DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
COMMISSION DATE: 4/22/2014

DATE:        03/31/2014

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN130209


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
1265 HOLT STis 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: # EN130209 - 1265 HOLT ST

Location and ownership: This structure is located on Holt St. between Hill and
Evanston and is owned by CARSON CARLOS/ROBAR ANDREA.

Staff Correspondence: A dangerous building inspection was conducted on
5/15/2013. The Notice and Order to Repair was issued on 9/12/2013. On
3/6/2014 the HBA declared the structure substandard and dangerous.


Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $ 3,500

Estimated cost to repair: $ 33,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Additional Information (History):

Owner Contact: No contact with staff regarding the dangerous building
Owner Mailings:9/12/2013 = N&O = Card signed - Beneta Ezell
2/18/2014 = HBA Meeing = card not signed & returned
3/14/2014 = HBA Determination - card signed by Beneta Ezell

County Treasurer Notifications:9/13/2013 - N&O = Card signed by Tony M.
2/18/2014 - HBA Meeting - card signed by Colleen Mars
3/14/2014 - HBA Determination - Card signed by Colleen Mars

Permits obtained: PB130770 – Windows, Drywall, Front flooring, Front porch
repair. – Stipulations: need print for porch repair
2/17/14 - no print ever received & he never came in to pick-up electrical permit
(in hold file) dj
2/19/14 – Kirk, Building Official for SAFEbuilt noted that no work was being done
on the house & had given this to staff to proceed with DB.




        If you disagree with the decision of the City Commission, you have the right to
file a petition for superintending control in the Circuit Court for the County of Muskegon
within 21 days after the City Commission concurs.
                      CITY OF MUSKEGON/SAFEbuilt
           933 Terrace St. Ste 204, P.O. Box 536, Muskegon, MI 49443

                        FIRE INSPECTION REPORT
                                05/20/2013


Owner     CARSON CARLOS/ROBAR ANDREA
        1832 WOOD
        MUSKEGON, MI 49442

Property Address 1265 HOLT ST             Parcel # 24-205-087-0001-10

Inspector: KIRK BRIGGS, KEN MURAR, AND JIM HOPPUS

Date completed: 05/15/2013

DEFICENCIES:

    REPLACE WINDOWS
    REPLACE DRYWALL
    REPLACE FRONT DOOR
    REPLACE FLOORING
    NEED PERMIT FOR WORK AND THE OLD WORK THAT WAS DONE
     ON THE PORCH ROOF
    HOUSE TO BE REWIRED TO CODE
    ELECTRIC SERVICE TO BE REPLACED TO CODE
    SMOKE ALARMS TO BE INSTALLED TO CODE
    PRESSURE TEST GAS LINE
    INSPECT AND CERTIFY FURNACE, WATER HEATER, AND
     CHIMNEYS
    INSPECT AND CERTIFY ALL HOUSE PLUMBING
    CLEAN DUCTWORK




_____________________________                        _______________
, Building Inspector                                           Date
COMMISSION DATE: 4/22/2014

DATE:        03/31/2014

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN130222


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
912 E ISABELLA AVEis 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: # EN130222 - 912 E ISABELLA AVE

Location and ownership: This structure is located on E. Isabella Ave. between
Eastgate and Madison Ave. and is owned by CRAWFORD JAMES.

Staff Correspondence: A dangerous building inspection was conducted on
1/6/2012. The Notice and Order to Repair was issued on 1/17/2014. On
3/6/2014 the HBA declared the structure substandard and dangerous.


Financial Impact:          General Funds

Budget action required: None

State Equalized value:     $ 19,100

Estimated cost to repair: $ 21,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
   Additional Information (History):

   Owner Contact: On 9/20/2013 Robin Crawford had called SAFEbuilt stating that
   she would call and set up an inspection the following week when she gets her
   work schedule. Debi, SAFEbuilt, had updated her phone and mailing address.

   Certified mailings:
   James Crawford:
   9/20/2013 = SB Letter = Letter Returned
   11/19/2013 = N&O = Letter Returned
   2/18/2014 = HBA Meeting = Letter Returned
   3/23/2014 - HBA Determination - Letter Returned

   Robin Crawford:
   11/19/2013 = N&O = Letter Returned
   2/18/2014 = HBA Meeting = Letter Returned
   3/23/2014 - HBA Determination - Letter returned

   Huntington Natonal Bank:
   2/18/2014 = HBA Meeting = Card signed
   3/13/2014 - HBA Determination - Renee Mix

   Permits obtained: None.




                                                    Rear
   Front

        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
                                  CITY OF MUSKEGON
                     933 Terrace St, P.O. Box 536, Muskegon, MI49440

                           CODE VIOLATION INSPECTION

Property Located at:912 E ISABELLA AVE 24-250-000-0157-00

Inspection Completed: 01/06/2012

Property Owner:
CRAWFORD JAMES
912 E ISABELLA AVE
MUSKEGON, MI49442

Violations Noted:

Structural Damage Open Roof System.

1. All repairs made due to tree damage and open roof structure must meet Michigan
Residential code 2009, energy code and lead based paint renovations. This includes any
electrical, plumbing and mechanical repairs.
Some repairs could require complete upgrades to MRC 2009 code.




______________________________________________________
Henry Faltinowski, Building Inspector
COMMISSION DATE: 4/22/2014

DATE:        03/31/2014

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN130296


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
1141 JEFFERSON STis 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: # EN130296 - 1141 JEFFERSON ST

Location and ownership: This structure is located on Jefferson St. between
Monroe and Houston and is owned by NC ASSETS INC.

Staff Correspondence: A dangerous building inspection was conducted on
2/18/2013 & 4/19/2013. The Notice and Order to Repair was issued on
1/17/2014. On 3/6/2014 the HBA declared the structure substandard and
dangerous.


Financial Impact: General Funds

Budget action required: None

State Equalized value:     $ 14,300

Estimated cost to repair: $ 26,000 (exterior only)

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Additional Information (History):

Owner Contact: None.
Owner Mailings: 1/17/2014 = N&O = Card signed by Sherri Brown
2/18/2014 = HBA Meeting Notice = Card signed-unable to read signature
3/14/2014 = HBA Determination Letter = Card signed-unable to read

Permits obtained: None regarding the Dangerous Building.




                                                 Hole in roofing/eave area.
Foundation and exposed wood.




        If you disagree with the decision of the City Commission, you have the right to
file a petition for superintending control in the Circuit Court for the County of Muskegon
within 21 days after the City Commission concurs.
                            CITY OF MUSKEGON
                       CODE COMPLIANCE DEPARTMENT
                           933 TERRACE ST STE 202
                            MUSKEGON, MI 49440
                             (231) 724-6766 (Office)
                              (231) 724-6790 (Fax)

                        DANGEROUS BUILDING REPORT


                                1141 JEFFERSON ST
                                2/18/2013 & 4/19/2013


Inspection noted:

1.     Foundation missing or broken
2.     Peeling paint & is not protected from the weather by a properly applied water
       resistant paint or finish.
3.     Steps are not made of proper materials – concrete steps are deteriorated & boards
       are loose on porch floor.
4.     Rotted wood trim, siding, etc. – This is not protected from the weather by a
       properly applied water resistant paint or finish.
5.     Shingles missing-some of the roofing was done without a permit and is not to
       code.
6.     Rotted eaves
7.     Broken/boarded windows
8.     Holes in wood siding, eaves, etc.
9.     West rear light fixture globe is broken or missing.
10.    Rear door – not protected from the weather by properly applied water-resistant
       paint or water proof finish.
11.    Screens – all operable window(s) does/do not have a screen must cover the
       complete bottom sash.
12.    Has unguarded side more than 30 inches high from ground or floor, need 36 inch
       guardrail with balusters no further than 4 inches. A valid permit is required from
       SAFEbuilt located in City Hall (231) 724-6715.
13.    Must install handrails with balusters to code with a permit required by SAFEbuilt.
14.    Southside storm door is damaged and is missing the screen or glass and will not
       latch.
15.    Roofing is now blowing off & this will require a permit to repair.
16.    This structure is in very poor condition.

BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS
BEEN DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
                       CITY COMMISSION MEETING DATE
                               April 22, 2014

Date:         April 8, 2014

To:           Honorable Mayor and City Commissioners

From:         Cathy Brubaker-Clarke, Director of Community &
              Economic Development

Re:           Special Event Request – Muskegon Bike Time 2014


SUMMARY OF REQUEST: Muskegon Bike Time has filed a special event application for
the annual Bike Time festival in downtown Muskegon to be held on July 17, 18, 19, and 20,
2014. Portions of their request require City Commission approval. See attached sheet for
details on those requests (waiver of equipment rental fees, use of Bike Time’s own labor
pool when possible, and variation from street closure times allowed per the special event
policy).


FINANCIAL IMPACT:           Request that equipment rental fees be waived.


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION:             As in past years, it is recommended that staff be allowed
to make the final decision regarding rental fees and actual costs to be coordinated through
the City Manager. In addition, staff recommends that if Bike Time 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 Bike Time. 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 Bike Time 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 Bike Time
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
                                  MUSKEGON BIKE TIME          City Commission item (page 2)

Requests requiring Commission approval

► Equipment rental fees and labor costs –
    Bike Time 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. Bike Time 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:
   Bike Time requests to close Fifth St. from Western Ave. to the alley between Western &
    Clay (approx. ½ block) on Wednesday morning, July 16, at 8:00 a.m. in order to place a
    large tent in the parking lot at 4th & Western (the lot entrance is off 5th St.)
   Bike Time requests permission to close Western Avenue and the side streets at midnight
    on Wednesday, July 16*, so set-up can begin first thing Thursday morning. The affected
    streets are shown on the attached map.
    *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.


Parking Information –
No Parking signs will be put up on Wednesday, prohibiting parking after midnight on
Western Avenue (midnight on Wednesday night/Thursday morning).                   The Police
Department will not ticket vehicles parked on Western Ave. that are there for the businesses
that stay open past midnight on Wednesday (Mike’s Inn, Club Envy, Racquets, etc).

Bike Time will send letters to all homes/businesses on the affected streets, notifying them of
the street closure dates/times, and also when the No Parking signs will go up.


Changes to Bike Time for 2014 (“FYI”):

Beer tents will go back to an 11:00 p.m. closing time, rather than requesting to stay open
until midnight as they did last year. Sunday hours will be noon to 4:00 p.m. (closing 2 hours
earlier on Sunday than in previous years).

Camping at the Mart Dock – Bike Time has requested to allow camping on the Mart Dock
property, which has been done before. It would be contingent upon Mart Dock and County
Health Department approvals.

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