City Commission Packet 01-13-2015

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                     JANUARY 13, 2015
   CITY COMMISSION CHAMBERS @ 5:30 P.M.
                              AGENDA

□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
     A. Muskegon Big Reds.
     B. Muskegon Catholic Central Crusaders.
□ INTRODUCTIONS/PRESENTATION:
     A. Year-In-Review. CITY MANAGER
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Liquor License Request – Racquets, 446 W. Western Avenue. PUBLIC
        SAFETY
     C. Ground Lease for Nims Neighborhood Playground/Park. PLANNING &
        ECONOMIC DEVELOPMENT
     D. Approval of Extension for Realtor Procurement Contract for CNS.
        COMMUNITY & NEIGHBORHOOD SERVICES
     E. Rezoning Request for the Property Located at 916 W. Laketon Avenue.
        PLANNING & ECONOMIC DEVELOPMENT
     F. Request for a Permanent Stage at Hackley Park.        PLANNING &
        ECONOMIC DEVELOPMENT
     G. Low-Boy Trailer. PUBLIC WORKS
     H. Agreement – Digital Spectrum Enterprises. FINANCE
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
        A. Section 10-351 Registration of Rental Dwellings Ordinance Amendment.
           PUBLIC SAFETY
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►   Reminder: Individuals who would like to address the City Commission shall do the following:
►   Fill out a request to speak form attached to the agenda or located in the back of the room.
►   Submit the form to the City Clerk.
►   Be recognized by the Chair.
►   Step forward to the microphone.
►   State name and address.
►   Limit of 3 minutes to address the Commission.
►   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE 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.
Date:    January 13, 2015
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Cummings, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the December 8th
Commission Worksession Meeting, and the December 9th City
Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                       City of Muskegon
                                 City Commission Worksession
                                       December 8, 2014
                                  City Commission Chambers
                                            5:30 PM

                                           MINUTES

2014-94
Present: Commissioners Hood, German, Rinsema-Sybenga, Gawron, Johnson, and Spataro.
Absent: Commissioner Turnquist.

Urban Farming.
Frank Peterson, City Manager, gave an overview of the topic, provided a hand-out to
Commissioners regarding urban gardening and the Right to Farm Act.

Mr. Peterson stated the City has a strong history of supporting community gardens and has
allowed a number of neighborhood gardens to operate on city property. The topic isn’t as simple
as we would like it to be, as a state law that was designed to protect farmers from residential
encroachment could be used to allow commercial farming operations to operate free of many
local zoning rules. This law did not contemplate commercial farming encroachment into
residential areas, and absent a state legislative fix, protecting residential areas from commercial
farming operations, there is a possibility that allowing a private farmer to operate commercially
could take away the rights of his/her neighbors to avoid what they may perceive as nuisances
associated with commercial farming practices.

Comments were received from the public.

The City Commission directed staff to work with state organizations to create an ordinance that
allows for the commercial sale of items grown in private and community gardens, provided
appropriate regulations are developed to protect all other homeowners and residents from the
potential encroachment of commercial farming activities into densely populated urban
neighborhoods and to present a draft to City Commission in the first quarter of 2015.

Adjournment.
Motion by Commissioner Hood, seconded by Vice Mayor Spataro to adjourn at 6:54 p.m.

                                                                            MOTION PASSES



                                                             ____________________________
                                                              Ann Marie Cummings, MMC
                                                                      City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     DECEMBER 9, 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, December 9, 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, Byron Turnquist, Ken Johnson, and Eric Hood, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie
Cummings.
Absent: Commissioner Dan Rinsema-Sybenga (arrived at 5:43 p.m.)
2014-95 HONORS AND AWARDS:
      A. Employee Years of Service Awards.
Mayor Gawron, City Commissioners, and City Manager Franklin Peterson
presented the 2014 Service Awards to the City employees thanking them for
their years of service.
2014-96 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the November 25th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Request to Deny & Accept Properties That Did Not Sell During the Tax
         Sale for 2014. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax


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auctions during 2014. There were seventy-eight properties left after the last
auction. According to the State’s tax foreclosure laws, the City must state that
they are not interested in obtaining them, otherwise the City will automatically
receive ownership of the parcels. From the list that was provided, Planning and
Community & Neighborhood Services have gone over the parcels to determine
which ones to accept.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny and accept certain parcels and authorize
both the Mayor and the Clerk to sign said resolution.
      C. Bloomberg Philanthropies Public Art Challenge.          PLANNING     &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Public Art Challenge is a new program to support
temporary public art projects that can transform civil spaces and drive
economic development. Project submittals must formally be submitted by cities,
through their mayors, although communities must demonstrate collaboration
between artists, arts organizations, city government and others. As the timeline
for submittal for the project overview is December 15, a collaboration is being
formed between the Cities of Muskegon, Muskegon Heights, Norton Shores,
Roosevelt Park, North Muskegon, the County (with the County Grants
Administrator acting as project coordinator and grant writer), the MAISD, the
Community Foundation, the Muskegon Museum of Art, the Muskegon Art
Festival and the downtown Arts Committee. The proposal will include the Lyman
Davis sculpture, as well as school research and writing projects tied to
Muskegon’s port history, design and creation of small ship replicas to place
throughout downtown and neighborhood art. The details of the project will be
formulated further if we are asked to submit a full proposal.
FINANCIAL IMPACT: If approved, the City of Muskegon will receive up to $1
million over two years for the project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the project submittal by December 15,
2014.
      D. City – MDOT Agreement for the Resurfacing of US31 BR from Sherman to
         Shoreline Drive. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the resurfacing of
US-31 BR (Seaway Dr.) from Sherman to Shoreline Dr. and approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: The City’s participation is limited to 8.75% of the state’s
share as required by ACT 51 which is estimated at $65,900.



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BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
     E. Approval of the Fair Housing Agreement with Muskegon County.
        COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: the cities of Muskegon, Muskegon Heights, Norton
Shores and the County of Muskegon are entering into an agreement with the
Fair Housing Center of West Michigan to conduct fair housing testing in the
County of Muskegon per the recommendation of the 2009 Analysis of
Impediments Report. This agreement will be for 2015 and 2016.
FINANCIAL IMPACT: Based on population, the City of Muskegon will pay $4,500
per year of the $15,000 annual cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement and authorize the
Mayor to sign.
     F. Approval of the Settlement Agreement with COAM. CITY MANAGER
SUMMARY OF REQUEST: The City and COAM have tentatively settled the 2015-
18 collective bargaining agreement. The City Commission is requested to
approve the negotiated tentative agreement with the POLC Unit.       This
agreement has been ratified by the bargaining unit.
Key points of the agreement are as follows:
          1. Agreement term from January 1, 2015 to December 31, 2018.
          2. Increases of 1%, 1%, 1.5%, and 0%
          3. Lump sum payments of $600, $0, $600, and $1,500.
          4. Creation of a field training officer compensation program that
          applies to all unit members. It would be equal to ½% of the one (1)
          year sergeant’s pay.
          5. Changes to comp-time that limit the amount an employee can
          accrue in a calendar year to 110 hours.
          6. Changes to the way holidays are administered in the unit.
          7. Changes to the way the City’s HMO plan is administered.
          8. Changes to the way workers compensation is administered in the
          unit.

FINANCIAL IMPACT: Approximately $25,000 in the first year; $14,000 in the
second year, $32,000 in the third year, and $28,000 in the fourth year.
BUDGET ACTION REQUIRED: None.




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STAFF RECOMMENDATION: To approve the tentative agreement and to
authorize the Mayor and Clerk to sign the contract.
      G. 2015 Salary Schedule and Fringe Benefits for Non-Represented
         Employees. CITY MANAGER
SUMMARY OF REQUEST: To approve and adopt the proposed salary ranges and
salary schedules for the non-represented administrative, technical, professional,
and supervisory employees for 2015. For Ranges 1 to 5, the increase is 1%. For all
other ranges, the proposed increase is 1.5%. Employees in ranges 1 to 5 would
also receive a one-time stipend of $500 to accept as a deposit into either a city
deferred compensation plan or a city health care savings plan (the stipend
could be accepted as cash, but would be reduced to $250).
FINANCIAL IMPACT: The salary increases will cost approximately $34,000
annually plus approximately $7,600 annually in fringe benefits.
BUDGET ACTION REQUIRED:      To authorize the necessary 2015 budgetary
amendments and transfer of money from the affected City funds (Contingency
Account for General Fund) to the appropriate salary and fringe benefit
accounts to accommodate the salary increases and fringe benefit adjustments.
STAFF RECOMMENDATION: To approve and adopt the proposed salary ranges,
salary schedules, and fringe benefit changes for non-represented employees for
2015.
      H. Farmers’ Market – Fifth Amendment              to   Purchase    Agreement.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City is waiting for the contractor’s lien period on the
Farmers’ Market to expire, so the property can be transferred from the DMDC to
the City free of any claims. This is taking longer than anticipated. Therefore, a
Fifth Amendment to the Purchase Agreement is recommended to extend the
closing date. The Amendment allows for continued operation of the Farmers’
Market prior to the official closing on the property, with the City “fully responsible
for any and all liability related to operating the farmers’ market” during that
time. The Closing is moved to December 30, 2015 or before. Meanwhile, the
City is working with the County Assessor on alternatives to lower the taxable
value on the property while it is in this transition period.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Fifth Amendment to Purchase
Agreement” and authorize the City Manager’s signature.
      I. Community Relations Committee Recommendation. CITY CLERK
SUMMARY OF REQUEST: To concur with recommendation from the Community
Relations Committee to appoint Kevin Huss to the Civil Service Commission.


                                                                                         4
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the recommendation of the Community
Relations Committee from their December 8, 2014, meeting to appoint Kevin
Huss to the Civil Service Commission.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood.
            Nays: None
MOTION PASSES
2014-97 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – AFI Real
         Estate. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Real
Estate, 1920 Port City Blvd., has requested the issuance of an Industrial Facilities
Tax Exemption Certificate. The total capital investment will be $640,000 in real
property and will create up to twenty (20) jobs. This qualifies them for a tax
abatement of twelve (12) years.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Doris Rucks, 348 Cross Avenue.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro to
close the Public Hearing and adopt the Industrial Facilities Exemption Certificate.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Spataro
            Nays: None
MOTION PASSES
2014-98 NEW BUSINESS:
      A. Local Parking Restrictions. PUBLIC SAFETY




                                                                                       5
The Director of Public Safety requests that the City Commission review and
authorize the proposed amendment to Chapter 92; Article V., subsections 71-
72-73 of the City of Muskegon Ordinance as it relates to parking restrictions,
snow emergency declaration, and parking violations bureau.
Sec. 92-71; is an inclusive list of “parking restriction” that could be enforced
within the city limits of Muskegon, which includes “winter parking ban”, and
allowances to park on the “terrace” at specified times of the year.

Sec. 92-72; is a “snow emergency declaration” which would be enacted at the
request of the Mayor (designee) to clear the public streets if snow or other winter
precipitation was significant and/or impeded safe travel upon the city streets.
Sec. 92-73; is a “parking violations bureau – minimum parking fines”, the fine
schedule (graduated system with set levels) was aligned with the city ordinance
parking restrictions to specify the level of fine(s) associated with the specific
parking violations within sec. 92-71.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Staff recommends approving this ordinance
amendment as written.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the amendments to the local parking restrictions as described.
ROLL VOTE: Ayes:    Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Spataro, and German
            Nays: None
MOTION PASSES
       B. 2015 User Fee Update. FINANCE
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
The new fees and fee changes that are being proposed are highlighted on the
spreadsheet and include the following:
      Modification to Cemeteries opening (cremation) fee for non-residents of
       the City and elimination of other Cemeteries opening (cremation) and
       family tree search fees to simplify the fee schedule;
      New fee added in the Clerk’s Office for liquor license renewal after
       February 28 and the ordinance book fee has been eliminated;
      New fee added by DPW for use of bike path for organized events and
       new fee for wide load permit;


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      Increased fee for wedding reservations in/on City parks/beaches;
      Reduction in the late fee for non-payment of rental registration annual
       fee;
      Modifications to the Farmers’ Market daily fees following the first season of
       operating the new market,;
      New fees added for license to purchase applications to be processed by
       the Police Department and court or probation ordered preliminary breath
       tests to be performed;
      Marina added new fees for shoppers docks and cost to move catamaran
       post, commercial launch ramp permit, trailer storage and end of season
       late removal fees have been adjusted;
      Fees for installation of water or sewer stub line to property line have been
       increased as these fees have not changed in many years;
      New fee added for thawing water/sewer line after the first free visit each
       season and new fee for TV sewer lateral;
      Additions and changes to some Zoning fees to fall in line with other
       municipalities and to better reflect costs.
FINANCIAL IMPACT: Increased revenue for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the City attain its budgeted revenue estimates.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Hood, second by Vice Mayor Spataro to approve the
User Fee update.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
           Rinsema-Sybenga
             Nays: None
MOTION PASSES
       C. Neighbor-to-Neighbor Policy. CITY MANAGER
SUMMARY OF REQUEST: A policy has been drafted to encourage our
employees to participate in volunteer activities by providing flexibility in work
schedules, paid leave opportunities, and bonuses for meeting certain
community volunteering goals.
Employees will be encouraged to increase their involvement in the community
by mentoring youth, organizing food drives, helping neighborhoods, etc. The
City Manager will give final approval of events or organizations that qualify
under this program. A list of programs currently approved will be provided to
employees but will be added to and updated on a regular basis.


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FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the policy as submitted and give
authorization to the City Manager to select qualified programs.
Motion by Commissioner Hood, second by Commissioner Johnson to approve
the Neighbor-to Neighbor Policy as submitted and give authorization to the City
Manager to select qualified programs.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, and Rinsema-
           Sybenga
            Nays: Turnquist
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:58 p.m.


                                          Respectfully submitted,




                                          Ann Marie Cummings, MMC
                                          City Clerk




                                                                                  8
                     Commission Meeting Date:                   January 13, 2015

Date:         January 5, 2015

To:           Honorable Mayor & City Commission

From:         Community and Neighborhood Services Department

RE:           Approval of Extension for Realtor Procurement
              Contract for CNS
____________________________________________________________________________________________

SUMMARY OF REQUEST: To extend the Procurement Contract to December 31,
2015 for Greenridge Realty to be used by the City of Muskegon Community and
Neighborhood Services office. By granting the extension, the expiration date will
coincide with the other procurement contracts.
FINANCIAL IMPACT: The awards for the realtor will be paid through the sale of
homes originally established under HOME.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the extension of the Procurement
Contracts to Greenridge Realty for the Community and Neighborhood Services
office.
COMMITTEE RECOMMENDATION: None required.
       Commission Meeting Date: January 13, 2015




SUMMARY OF REQUEST:

Request to rezone the property at 916 W Laketon Ave from R-1, Single Family Residential to
B-4, General Business by Lakeshore Animal Hospital.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the rezoning.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended approval of the request at their
12/11/14 meeting.




                                                                                        1
Planning Commission packet excerpt:

       STAFF OBSERVATIONS
           1. Lakeshore Animal Hospital is located at 896 W Laketon Ave. They also own the
              property at 916 W Laketon Ave, which previously had a house on it, but was
              recently demolished. The lot is now vacant.
           2. The property measures 39’ x 162’ and is considered a non-buildable lot because it
              does not have the required minimum road frontage of 50 feet.
           3. The applicant is seeking the rezoning so that they may expand their parking lot for
              the animal hospital. Commercial parking lots are not allowed on residentially zoned
              properties.
           4. Notice was given to properties within 300 feet of the property. Dolores Belonga of
              1781 Division St has no objection to the request. Janet Nelson at 973 W Larch Ave
              is in favor of the request. There was also a voicemail left by an unnamed caller who
              was not in favor of the request.


                  Property at 916 W Laketon Ave looking north from Laketon Ave




                                     Looking south from the alley




                                                                                                  2
Current parking lot behind the building at 896 W Laketon Ave




              Residential properties to the west




                                                               3
            Zoning Map




Aerial Map (house is no longer there)




                                        4
                                CITY OF MUSKEGON

                             MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO.

    An ordinance to amend the zoning map of the City to provide for a zone change for a
          property from R-1, Single Family Residential to B-4, General Business.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning for the following
described property from R-1, Single Family Residential to B-4, General Business.

CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT OF W 240 FT OF S 160 FT LOT 13 BLK 505

This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                 CITY OF MUSKEGON

                                                 By: __________________________
                                                        Ann Cummings, MMC
                                                        City Clerk




                                                                                              5
               CERTIFICATE        (Rezoning of 916 W Laketon Ave from R-1 to B-4)

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 13th day of January, 2015, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33
of 2008, and that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2015             ________________________________
                                             Ann Cummings, MMC
                                             Clerk, City of Muskegon



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




                                                                                                        6
                                             CITY OF MUSKEGON
                                            NOTICE OF ADOPTION

Please take notice that on January 13, 2015, the City Commission of the City of Muskegon adopted
an ordinance amending the zoning map to provide for the change of zoning for the property from R-
1, Single Family Residential to B-4, General Business:

CITY OF MUSKEGON REVISED PLAT OF 1903 E 40 FT OF W 240 FT OF S 160 FT LOT 13 BLK 505

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 days from the date of this publication.

Published ____________________, 2015                           CITY OF MUSKEGON

                                                               By ___________________________
                                                                     Ann Cummings, MMC
                                                                     City Clerk

---------------------------------------------------------------------------------------------------------------------

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

Account No. 101-80400-5354




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        Commission Meeting Date: January 13, 2015



Date:        January 8, 2015
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Request for a permanent stage at Hackley Park


SUMMARY OF REQUEST:

Parties in the Park, Inc has proposed to donate a permanent stage for Hackley Park that will
replace the temporary stage. They will be conducting a fundraising campaign to raise the
money.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the stage and the attached resolution.

COMMITTEE RECOMMENDATION:

The Historic District Commission unanimously approved the request for the permanent stage
at their 1/6/15 meeting.




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                                          Resolution No. _______

                                   MUSKEGON CITY COMMISSION

    RESOLUTION APPROVING THE ADDITION OF A PERMANENT STAGE AT HACKLEY PARK


WHEREAS, Parties in the Park, Inc has proposed to donate a permanent stage to Hackley Park that will
     be located in the same general area as the temporary stage has been used; and

WHEREAS, the stage will be utilized during Parties in the Park and other events held at the park; and

WHEREAS, The Historic District Commission gave approval of the permanent stage at their regularly
     scheduled meeting on January 6, 2015.


Adopted this 13th Day of January, 2015.

Ayes:

Nays:

Absent:

                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Cummings
                                                         Clerk




                                             CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on January 13,
2015.

                                                            ______________________________
                                                            Ann Cummings
                                                            Clerk




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Date:     January 13, 2015

To:       Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:       Low-Boy Trailer


SUMMARY OF REQUEST:

The Equipment Division has been looking for a gently used trailer for approximately a
year now and we have finally found what we need for a price that we find acceptable.
Greg Smith Farms has a trailer for $21,000.00 in very nice condition and we are
requesting permission to proceed with this purchase.

FINANCIAL IMPACT:
$21,000.00

BUDGET ACTION REQUIRED:
None. This is the amount budgeted for.

STAFF RECOMMENDATION:
Authorize staff to purchase (1) Low-Boy Trailer from Greg Smith Farms of Belding, Mi for
$21,000.00




C:\Users\linda.potter\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\H8NAZE4J\Low-boy2015.doc
                  Commission Meeting Date: January 13, 2015




Date:        January 7, 2015
To:          Honorable Mayor and City Commissioners
From:        Finance Director and City Clerk
RE:          Agreement – Digital Spectrum Enterprises (DSE)



SUMMARY OF REQUEST: Since May 2005, the City has contracted with
Digital Spectrum Enterprises (DSE) for management of the City’s government access
channel. In exchange for these management rights, DSE broadcasts City
Commission meetings at no direct cost to the City. The current agreement with DSE
dates from January 2012 through December 2014.

Proposed is a three year agreement renewal with DSE. Terms of the agreement are
the same as before.



FINANCIAL IMPACT: This contract entails no direct cost to the City. The City
benefits by having City Commission meetings broadcast at no cost.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of a three year contract with DSE for
management of the government access channel.
Date:         January 13th, 2015
To:           Honorable Mayor and City Commissioners

From:         Director of Public Safety Jeffrey Lewis

RE:           Section - 10-351 Registration of Rental Dwellings
              Ordinance Amendment


SUMMARY OF REQUEST:

The Director of Public Safety requests that the City Commission review and authorize
the proposed amendment to Chapter 10 Buildings, Article VI, Division 2,
subdivision III “Rental Property”, of the City of Muskegon Ordinance as it relates to;
subsection (F.) Dwelling Fire Insurance 1. Minimum coverage; use of insurance
proceeds 2. Property owners to provide city with insurance information.

This amendment requests that property owner(s) who lease for occupancy have fire
insurance in order to restore and/or demolish a structure in the event of a fire.
Further that the property owner(s) provide information and/or fire insurance policy to
the city during the rental registration process. A violation of this amended section
shall result in the suspension of the registration certificate.

FINANCIAL IMPACT:

Relieve the City of Muskegon from bearing the expense to demolish uninsured rental
properties that are damaged during a working fire.

BUDGET ACTION REQUIRED:

N/A

STAFF RECOMMENDATION:

Staff recommends approving this ordinance amendment as written.
                                      City of Muskegon
                                 Muskegon County, Michigan
                               Ordinance Amendment No. _____


THE CITY OF MUSKEGON HEREBY ORDAINS:


Chapter 10 “Buildings and Building Regulations,” Article VI “Property Maintenance Code,”
Division 2, Subdivision III. “Rental Property” of the Code of Ordinances of the City of
Muskegon is amended as follows:


Subdivision III. Rental Property

Sec. 10-351. Registration of rental dwellings.

(a)    Required. All rental dwellings shall be registered with the city. If the owner does not
       reside within 30 miles of the city, he shall designate a responsible local agent who shall
       be responsible for operating such dwelling in compliance with the law, including this
       article. All official notices may be served on the responsible agent, and any notice so
       served shall be deemed to have been served upon the owner of record. Each owner or
       responsible local agent shall maintain a current list of the number of occupants of each
       rental dwelling for which he is responsible. A rental unit certificate of compliance
       shall not be issued if the registration provisions of this article are not complied with.

(b)    Deadline for registration; failure to comply. All rental dwellings existing as of the
       effective date of the ordinance from which this article is derived shall be registered no
       later than six months after the effective date of this article. The city shall order
       registration prior to that date for any dwelling cited in a notice required by this article.
       Failure to comply with such an order is a violation of this article.

(c)    Registry of new rental dwellings. The owner of a new rental dwelling or of any dwelling
       newly converted to a rental dwelling shall register the rental dwelling prior to allowing
       occupancy of any new rental units.

(d)    Change in register information. The owner of rental dwellings already registered with the
       city or his responsible local agent shall register within 60 days after any change occurs in
       register information. A new owner of a registered dwelling shall register the dwelling
       within 60 days of assuming ownership.

(e)    Application; contents. Application for registration shall be made in such form and in
       accordance with such instructions as may be provided by the administrator and shall
       include:

       (1)     The address of the rental dwelling.
      (2)    The number of dwelling units, the number of rooming units and the number of
             hotel units in the dwelling.

      (3)    The name, residence address, business address, business phone number and
             personal phone number of the owner.

      (4)    The name, residence address, business address, business phone number and
             personal phone number of the manager and responsible local agent designated by
             the owner.

      (5)    The address where the owner or responsible local agent will accept notices or
             orders form the city.

(f)   Dwelling fire insurance. In order to protect the health, safety and welfare of the residents
      of the city, it is hereby declared that the city shall require dwelling fire insurance for all
      property owners who let for occupancy premises in the city in the amount and for the
      purposes provided below.

      (1)    Minimum coverage; use of insurance proceeds. All property owners owning
             property in the city shall be required to obtain a minimum of $10,000 in dwelling
             fire insurance. Further, in the event of any fire or loss covered by such insurance,
             it shall be the obligation of the property owner to use such insurance proceeds to
             cause the restoration or demolition or other repair of the property in adherence to
             the city code and all applicable ordinances.

      (2)    Property owners to provide city with insurance information. All property owners
             shall be required to place their insurance company name, policy number and
             policy expiration date on their rental unit registration form, or in the alternative, to
             provide the city with a copy of their actual dwelling fire insurance policy. A
             registration certificate shall not be issued to any person unless the aforementioned
             information has been provided to the City Clerk. Violation of this section shall
             result in suspension of a registration certificate. The city shall be informed of any
             change in policies for a particular rental unit or cancellation of a policy for said
             property within 10 days of said change or cancellation.

(g)   Inaccurate or incomplete register information. It shall be a violation of this article for an
      owner or a responsible local agent to provide inaccurate information for the register of
      rental dwellings or to fail to provide information required by the city under subsection
      (e) of this section. In those cases in which the owner or responsible local agent is not a
      natural person, the information required for the register shall be provided for the
      organization owning the rental dwelling and for the president, general manager or other
      chief executive officer of the organization. Where more than one natural person has an
      ownership interest, the required information shall be provided for each owner.
(h)    Exemption from registration requirement. Dwellings that are not owner-occupied, but are
       occupied by a grandparent, parent, child or current spouse of the owner are exempt form
       the rental registration requirements outlined in this section. This exemption is limited to
       single family residential dwellings. It is the responsibility of the owner asking to be
       exempted from the rental dwelling registration requirement to provide satisfactory proof
       to the city of the existence of the familial relationship between owner and resident of the
       dwelling.

(Code 1975, § 4-82; Or. No. 2304, 2-28-12)


This ordinance adopted:


       Ayes: ______________________________________________________________
       Nays: _______________________________________________________________


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



                                                    CITY OF MUSKEGON


                                                    By ______________________________
                                                       Ann Cummings, MMC
                                                       City Clerk
                                        CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the          day of                      , 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.
                                          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 10 “Buildings and Building Regulations,”
Article VI “Property Maintenance Code,” Division 2, Subdivision III. “Rental Property” of the
Code of Ordinances of the City of Muskegon, whereby the following changes were made:


         Section 10-351. was amended by adding a new section (f), requiring dwelling fire
         insurance for all property owners who let for occupancy premises in the city. A minimum
         of $10,000 policy is required and it shall be the obligation of the property owner to use
         such insurance proceeds to cause the restoration or demolition or other repair of the
         property in adherence to the city code and all applicable ordinances. Property owners
         shall be required to place their insurance company name, policy number and policy
         expiration date on their rental unit registration form, or in the alternative, to provide the
         city with a copy of their actual dwelling fire insurance policy. A registration certificate
         shall not be issued to any person unless the aforementioned information has been
         provided to the City Clerk. Violation of this section shall result in suspension of a
         registration certificate. The city shall be informed of any change in policies for a
         particular rental unit or cancellation of a policy for said property within 10 days of said
         change or cancellation.



        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.

         This ordinance amendment is effective ten (10) days from the date of this publication.

                                                               CITY OF MUSKEGON

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


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PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE

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