City Commission Packet 02-23-2010

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                 FEBRUARY 23, 2010
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                           AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
  A. MAREC – Energy Partners, LLC.
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Amend Zoning Ordinance – Vintage Shops. PLANNING & ECONOMIC
     DEVELOPMENT
  C. Amend Zoning Ordinance Definitions for Vintage Shops. PLANNING &
     ECONOMIC DEVELOPMENT
  D. Road Salt Procurement Authorization. PUBLIC WORKS
  E. Amend 2008–2009 and 2009-2010 CDBG and HOME Action Plans.
     COMMUNITY & NEIGHBORHOOD SERVICES
  F. Resolution in Support of Protecting the Great Lakes from the Asian
     Carp. CITY CLERK
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
  A. Concurrence with the Housing Board of Appeals Notice and Order to
     Demolish the following: PUBLIC SAFETY
            558 E. Apple Avenue (Area 11)
            337 Catawba Avenue
            313 E. Forest Avenue
   ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
                                                          
   ‘” ‡†‹ƒ–‡ ‡Ž‡ƒ•‡                          ‘–ƒ…– T. Arnold (Arn) Boezaart - Director
                                                         źŵź ŷŷŵ ź%ŴŴ



                                                                       
                                                      
                                                 


—•‡‰‘  Ê ‡„”—ƒ”› Ŷ ŶŴŵŴ Ê GVSU officials announced today an agreement with
start-up company Energy Partners, LLC for use of lab and office space at the MAREC incubator
facility. Energy Partners moved in today and will lease office and laboratory space totaling 1,000
square feet. The company is engaged in the development and commercialization of portable
power products technology and is working closely with Coffman Equipment (Grand Rapids) in
efforts to expand their product offerings in energy storage and management systems.

Energy Partners founder, Dr. James Wolter is a recently retired physicist and professor of
business and new product market development at GVSU and has been working on development
of alternative energy products for a number of years. Dr. Wolter said, “the company will start with
one employee with plans to grow in the future”. The first employee of Energy Partners will be
George Jaeger, a Hope College trained biologist who brings an “organic” dimension relevant to
the development of bio-based fuels and energy as a complement to the “inorganic” focus by Dr.
Wolter on battery and power systems. “As the technology that will be developed by Energy
Partners and its collaborators is successfully commercialized, many direct and indirect jobs will
be added to the West Michigan economy”, notes Arnold (Arn) Boezaart, Director of the MAREC
facility. Both agree that locating Energy Partners at MAREC represents a perfect match based on
the company’s focus and current needs and MAREC’s role in advancing new technology and
business development.




        ŶŴŴ ‹”‹†‹ƒ ”‹˜‡ —•‡‰‘  Ÿ%ŸŸŴ źŵź ŷŷŵ ź%ŴŴ ‘” Ŷŷŵ ŻŶŶ ŸŷŻŵ

                                           ƒ‰‡ ŵ ‘ˆ Ŷ
Energy Partners, LLC is the third incubator tenant at MAREC and joins Logical Lighting, Co. who
moved in last October; and Smart Vision Light who has been with MAREC for 2 years. With the
addition of Energy Partners, MAREC’s incubator laboratory space is now two-thirds full.

 „‘—– –Š‡ ‹…Š‹‰ƒ Ž–‡”ƒ–‹˜‡ ƒ† ‡‡™ƒ„Ž‡ ‡”‰› ‡–‡”

The MAREC facility is a "distributed generation" energy center, or one which produces the energy it needs
to heat, cool, light, and power the building. The facility also serves as a business incubator offering office
and laboratory space to start-up technology companies. It was opened in 2003 and is designated a
SmartZone by the State of Michigan. The MAREC mission is to be an economic development catalyst;
business accelerator as well as research and development center that link business, education and
government resources. Emphasis is on the development, commercialization and advancement of emerging
technology with emphasis on alternative and renewable energy. Visit www.gvsu.edu/marec to learn more.




         ŶŴŴ ‹”‹†‹ƒ ”‹˜‡ —•‡‰‘  Ÿ%ŸŸŴ źŵź ŷŷŵ ź%ŴŴ ‘” Ŷŷŵ ŻŶŶ ŸŷŻŵ

                                                 ƒ‰‡ Ŷ ‘ˆ Ŷ
Date:     February 23, 2010
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the February 1st
Special Commission Meeting, the February 8th Commission
Worksession, and the February 9th Regular Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
        CITY OF MUSKEGON
          CITY COMMISSION MEETING
                        FEBRUARY 1, 2010
       CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                   MINUTES
   The Special Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30 p.m., Monday, February 1, 2010.
ROLL CALL FOR THE SPECIAL COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron, Commissioners
Lawrence Spataro, Chris Carter, and Clara Shepherd, City Manager Bryon Mazade,
and City Clerk Ann Marie Becker
  Absent: Commissioners Sue Wierengo and Steve Wisneski (excused)
2010-09 NEW BUSINESS:
     A. Liquor License Transfer Request. CITY CLERK
SUMMARY OF REQUEST: Step 1 is a request to transfer ownership of 2009 Class C-SDM
Licensed Business with Dance Permit, Outdoor Service (1 Area) and Official Permit
(Food), located at 2536 Henry (Sardine Room) from Small Perch, Inc. to Top Spin, Inc;
and Step 2 is to transfer same from Top Spin, Inc. to Red Dawn, LLC and New
Entertainment Permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the transfer.
 Motion by Commissioner Shepherd, second by Commissioner Carter to approve the
transfer of the license.
ROLL VOTE: Ayes: Warmington, Carter, Gawron, Shepherd, and Spataro
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 5:40 p.m.


                                         Respectfully submitted,




                                         Ann Marie Becker, MMC
                                         City Clerk
                                        City of Muskegon
                                  City Commission Worksession
                                        February 8, 2010
                                   City Commission Chambers
                                             5:30 PM

                                           MINUTES

2010-10
Present: Commissioners Warmington, Carter (arrived 5:39 p.m.), Wierengo, Shepherd, Spataro,
Wisneski, and Gawron.
Absent: None.

Amendments to the L.C. Walker Arena Management Agreement.
Jeff Patulski, President of the Lumberjacks, presented a resolution requesting the City
Commission adopt the resolution authorizing the Mayor and/or City Manager to execute any and
all documents required by the Michigan Liquor Control Commission in connection with: a) JS
Hockey Enterprises, Inc. being deleted as a co-Licensee and b) Logger Hockey, LLC being
added as co-Licensee with the City of Muskegon to that certain Class C License issued by the
Michigan Liquor Control Commission, being 1962-2009, and all related permits.

The resolution also authorizes the operation of a USHL Junior Hockey team in the L.C. Walker
Arena and Conference Center and that it is in the city’s best interest to consent to the assignment
by JS Hockey Enterprises, Inc. to Logger Hockey, LLC of all of its right, title, and interest in and
to that certain City of Muskegon Operations Management Contract L.C. Walker Arena and
Conference Center between the City and JS Hockey Enterprises, Inc.

Motion by Spataro, seconded by Wisneski to approve the resolution of consent and
management agreement as presented.

                                                                             ROLL CALL VOTE:

Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski.
Nays: None.

                                                                             MOTION PASSES

Downtown Street Vending.
Dan Rinsema-Sypenga gave a presentation for a possible food vending cart ordinance in
downtown Muskegon.

Many Commissioners thought it may be a good idea in the future, but the downtown is not ready
for such an ordinance at this time.
Habitat Restoration Proposal at Amoco Site (Seawall Removal/Creating Wetland)
WMSRDC.
Kathy Evans of WMSRDC presented a proposed conceptual site grading plan for the former
Amoco site.

Motion by Carter, seconded by Shepherd to approve the Habitat Restoration Proposal
contingent upon final approval of the design set by staff.

                                                                        ROLL CALL VOTE:

Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter.
Nays: None.

                                                                        MOTION PASSES

Street Light Removal on Terrace, Pine, and Western.
Mohammad Al-Shatel, City Engineer, has marked sixty-three (63) street lights on Terrace, Pine,
and Western that can be removed to reduce energy cost. The savings will be approximately
$1593 per month. The cost to remove the lights will be approximately $37,000 and will take two
years to recover the costs.

Motion by Gawron, seconded by Spataro to authorize the removal of sixty-three (63) street
lights located on Terrace Street, Pine Street, and Western Avenue.

                                                                        ROLL CALL VOTE:

Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron.
Nays: None.

                                                                        MOTION PASSES

Grievance Report.
The 2009 grievance reports were placed on file.

Any Other Business.
Public participation was accepted.

Adjournment.
Motion by Carter, seconded by Shepherd to adjourn at 7:12 p.m.

                                                                        MOTION PASSES


                                                         ________________________
                                                          Ann Marie Becker, MMC
                                                               City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     FEBRUARY 9, 2010
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 9,
2010.
  Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from Evanston Avenue Baptist Church after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2010-11 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, January 26, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Response Agreement – Department of Veteran Affairs Police. PUBLIC
         SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a cooperative agreement with the United States Department of
Veteran Affairs Police. This agreement, known as a “threshold agreement”,
coordinates public safety response to Veterans Affairs offices within the City,
specifically: 165 East Apple Avenue, Suite 201. There are no costs associated
with this agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
      C. Request   to     Amend      Encroachment       Agreement      #2005-82(i).
         ENGINEERING
SUMMARY OF REQUEST: BLDI Environmental who is working with Ken’s Super
Service Station at the north west corner of Laketon and Henry has submitted an
encroachment agreement form requesting your permission to install four (4)
additional monitoring wells in the area surrounding the aforementioned station
bringing the total to 17 wells. The wells would be installed in the public right-of-
ways of Franklin Street, Hudson Street, and Larch Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions.
      D. Restrictive Covenant Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase restrictive covenant for parcel:
10-670-000-0015 (lot 15) and authorize the Mayor to sign the agreement.
FINANCIAL IMPACT: $5,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase and authorize the Mayor to sign
the agreement.
      E. Request to Fly the Irish Flag. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Irish American Society is requesting
permission to fly the Irish Flag at City Hall on Wednesday, March 17 to
Wednesday, March 24th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
      F. Recommendations for the Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To concur with recommendations from the Community
Relations Committee regarding appointments and resignations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION:          The Community Relations              Committee
recommended approval at their February 1, 2010, meeting.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Consent Agenda as read minus item G.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
2010-12 ITEM REMOVED FROM THE CONSENT AGENDA:
      G. Fluoride System Evaluation. WATER FILTRATION
SUMMARY OF REQUEST: To enter into an agreement with Fishbeck, Thompson,
Carr & Huber Engineers and Architects for the evaluation of the fluoride system
at the Water Filtration Plant.
FINANCIAL IMPACT: The engineering-design proposal cost is $8,250.
BUDGET ACTION REQUIRED: None. The fluoride system evaluation was planned
as part of the 2010 capitol improvements plan.
STAFF RECOMMENDATION: It is staff’s recommendation that the Mayor and City
Commission authorize staff to enter into an agreement with Fishbeck, Thompson,
Carr & Huber for the fluoride system evaluation at the Water Filtration Plant at a
cost of $8,250.
Motion by Commissioner Shepherd, second by Commissioner Spataro to enter
into an agreement with Fishbeck, Thompson, Carr and Huber for the evaluation
of the fluoride system at the Water Filtration Plant.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2010-13 NEW BUSINESS:
      A. Adopt the Revised Standard Construction Specifications. ENGINEERING
SUMMARY OF REQUEST: Adopt the standard construction specification for the
City’s construction projects as revised by engineering on May 19, 2009. The
specifications were revised to incorporate new materials, construction methods
and to make use of the State’s construction standards manual by referencing it.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the revision and authorize staff to use for 2010
construction projects.
Motion by Commissioner Spataro, second by Commissioner Wierengo to adopt
the Revised Standard Construction Specifications.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 5:43 p.m.


                                           Respectfully submitted,




                                           Ann Marie Becker, MMC
                                           City Clerk
               Commission Meeting Date: February 23, 2009




Date:        February 17, 2010
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Amendments to the Zoning Ordinance


SUMMARY OF REQUEST:

Request to amend Section 1101 of Article XI to include “Vintage Shops” as a special
use permitted in B-2 districts.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the request to amend Section 1101 of Article XI to include “Vintage Shops”
as a special use permitted in B-2 districts.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 2/11 meeting.
The vote was unanimous.
                                         Staff Report (EXCERPT)
                                           CITY OF MUSKEGON
                                         PLANNING COMMISSION
                                           REGULAR MEETING

                                               February 11, 2009




Hearing, Case No. 2010-02 Staff-initiated request to amend Section 1101 of Article XI to
include “Vintage Shops” as a special use permitted in B-2 zones.
BACKGROUND
Staff has recently received various requests from local entrepreneurs to open vintage clothing and furniture
stores in B-2 zones. However, Section 1101 of Article XI only allows second hand merchandise in B-2 zones as
a special use permitted if they meet the following conditions.
    1. The site shall be located within or adjacent to an established, identifiable commercial corridor.
    2. The store will be associated with a bona fied charitable organization, such as but not limited to 501©3
       organizations.
Staff recognizes the reasoning behind the limitations and the need to restrict so called “junk stores” from locating
in these zones. However, there are many stores across the country that offer renewed vintage furniture that is
indistinguishable from new furniture. These stores are tapping into the green market by offering recycled
furniture, in which they take used furniture and refurbish it into artistic, like-new products. Many times these
stores will also offer vintage clothing to expand their business market. Although these products appear to be
new merchandise, they are technically used merchandise and not allowed in B-2 zones. Staff has created two
definitions proposed for inclusion to the zoning ordinance (please see Case No. 2010-03) for these types of
stores and is confident that they will continue to restrict the “junk stores.”


NEW LANGUAGE

Deletions are crossed out and additions are in bold:
Amendment to Section 1101 of Artilce XI, “Special Uses Permitted”

New #14

    14. Vintage Shops
                                     CITY OF MUSKEGON

                               MUSKEGON COUNTY, MICHIGAN

                                    ORDINANCE NO._____

An ordinance to amend Section 1101, #14 of Article XI, to allow “Vintage Shops” as special
land uses in B-2 districts.


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE
Deletions are crossed out and additions are in bold:

Section 1101, #14 of Article XI
New #14.

       14.        Vintage Shops.


This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                       CITY OF MUSKEGON


                                                       By: _________________________________
                                                              Ann Marie Becker, 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
23rd day of February, 2010, 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: ___________________, 2010.               __________________________________________
                                                Ann Marie Becker, 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

Please take notice that on February 23, 2010, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 1101, #14, of Article XI to add “Vintage Shops” as special land uses in
B-2 districts.
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 ____________________, 2010.                              CITY OF MUSKEGON

                                                                   By _________________________________
                                                                         Ann Marie Becker, MMC
                                                                         City Clerk

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

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

Account No. 101-80400-5354




                                                                                                                        5
               Commission Meeting Date: February 23, 2009




Date:         February 17, 2010
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Amendments to the Zoning Ordinance


SUMMARY OF REQUEST:

Request to amend Article II (Definitions) to add definitions for “Vintage Shops” and
“Vintage Merchandise.”

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the request to amend Article II (Definitions) to add definitions for “Vintage
Shops” and “Vintage Merchandise.”

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 2/11 meeting.
The vote was unanimous.
                                  Staff Report (EXCERPT)
                                    CITY OF MUSKEGON
                                  PLANNING COMMISSION
                                    REGULAR MEETING

                                         February 11, 2010


Hearing, Case No. 2010-03 Staff-initiated request to amend Article II, Definitions, to add
definitions for “Vintage Shops” and “Vintage Merchandise.”


NEW LANGUAGE
Deletions are crossed out and additions are in bold:

Amendment to Article II, “Definitions”

Vintage Shop: A retail establishment which sells vintage merchandise.

Vintage Merchandise: Furniture or clothing; esteemed for its collectability, artistry, beauty or
period of origin; meeting the following criteria.
           1. Clothing must be laundered and in like-new, ready to wear condition.
           2. Furniture must have been previously restored to like-new condition through the
               process of reupholstering or renovation, prior to being brought on-site.



DELIBERATION
I move that the amendment to Article II, Definitions, of the City of Muskegon Zoning Ordinance
to add definitions for “Vintage Shops” and for “Vintage Merchandise,” be recommended to the
City Commission for (approval/denial).
                                     CITY OF MUSKEGON

                              MUSKEGON COUNTY, MICHIGAN

                                    ORDINANCE NO._____

An ordinance to amend Article II (Definitions), to include definitions for “Vintage Shops” and
“Vintage Merchandise”.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE
Deletions are crossed out and additions are in bold:

Amendment to Article II, “Definitions”

Vintage Shop: A retail establishment which sells vintage merchandise.

Vintage Merchandise: Furniture or clothing; esteemed for its collectability, artistry, beauty or
period of origin; meeting the following criteria.
           1. Clothing must be laundered and in like-new, ready to wear condition.
           2. Furniture must have been previously restored to like-new condition through the
           process of reupholstering or renovation, prior to being brought on-site.



This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                       CITY OF MUSKEGON

                                                       By: _________________________________
                                                              Ann Marie Becker, 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
23rd day of February, 2010, 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: ___________________, 2010.               __________________________________________
                                                Ann Marie Becker, 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

Please take notice that on February 23, 2010, the City Commission of the City of Muskegon adopted
an ordinance to amend Article II (Definitions) to include definitions for “Vintage Shops” and
“Vintage Merchandise”.
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 ____________________, 2010.                              CITY OF MUSKEGON

                                                                   By _________________________________
                                                                         Ann Marie Becker, MMC
                                                                         City Clerk

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

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

Account No. 101-80400-5354




                                                                                                                        5
                             AGENDA ITEM NO._____________

                  CITY COMMISSION MEETING ___________________



TO:            Honorable Mayor and City Commission


FROM:          Department of Public Works


DATE:          February 23, 2010


SUBJECT:       Road Salt Procurement Authorization


SUMMARY OF REQUEST:
Authorize staff to enter into an annual contract for road salt procurement through the State of
Michigan Purchasing Program (MIDEAL).


FINANCIAL IMPACT:
Per ton price is determined yearly; average winter purchases of between 4000-6000 tons.

The most current contracts have solicited 2006/2007 pricing of $32.99/ton and 2007/2008
pricing of $34.24/ton and 2008/2009 pricing of $40.40/ton and 2009/2010 extended contract
price of 56.49/ton.


BUDGET ACTION REQUIRED:
None; expense is budgeted yearly through public works.


STAFF RECOMMENDATION:
Approve request.


COMMITTEE RECOMMENDATION:
Date:      February 23, 2010
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Resolution in Support of Protecting the Great
           Lakes from the Asian Carp




SUMMARY OF REQUEST: Approve the resolution to support Federal
and State efforts to prevent the Asian Carp from infiltrating the Great
Lakes.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval.
                       CITY OF MUSKEGON 
                                 State of Michigan 

                            Resolution to Support 
              Federal and State Efforts to Prevent the Asian Carp 
                       from Infiltrating the Great Lakes
WHEREAS, the City of Muskegon Commission wishes to express their unified support for all
         aggressive efforts to stop the Asian Carp from entering Lake Michigan and;

WHEREAS, the Asian Carp was first brought to the United States in 1972 from Taiwan and
         they have proven to be alarmingly effective at adapting to and reproducing in
         their new environment;

WHEREAS, this invasive species voraciously consumes up to 40% of their own body weight
         each day and can grow to weigh 100 lbs. and;

WHEREAS, recent studies have tied more than 800,000 jobs to the Great Lakes and;

WHEREAS, the Great Lakes provide 1/5 of the world’s freshwater and the commercial and
         recreational use of Lake Michigan is the lifeblood of our City and;

WHEREAS, the Asian Carp has migrated up the Mississippi River and now threatens the
         Great Lakes ecosystem;

NOW THEREFORE, BE IT RESOLVED that the City Commission for the City of
         Muskegon, and on behalf of all our citizens does hereby urge the United States
         Congress and the State of Michigan to take all necessary precautions to protect
         the Great Lakes from the Asian Carp and the eventual disaster that an invasion of
         Asian Carp would pose to the Great Lakes ecosystem, and ultimately, the
         economies of the Great Lakes States.

IN WITNESS WHEREOF, I have hereunto set my hand and cause the seal of the City of
          Muskegon to be affixed this 23rd day of February, 2010.




                                             _______________________________________
                                                   Stephen J. Warmington, Mayor
DATE:         02/15/2010

TO:           Honorable Mayor and Commissioners

FROM:         Anthony Kleibecker, Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order
              to Demolish. Dangerous Building Case #: EN090203


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
558 E APPLE AVE Area 11 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: # EN090203 - 558 E APPLE AVE

Location and ownership: This structure is located on Apple Ave. between Maple
and Chestnut Streets and is owned by BAUER PROPERTY MANAGEMENT LLC
with unregistered land contract with a Jennifer Ward, 1078 2nd Street, Muskegon,
MI 49440 as of 05/13/09.

Staff Correspondence: A dangerous building inspection was conducted on
08/10/09. The Notice and Order to Repair was issued on 08/19/09. On 10/01/09
the HBA declared the structure substandard and dangerous.

Owner Contact: No one was present for the HBA meeting dated 10/01/09. No
permits have been issued and no inspections scheduled. Copies of inspection
reports, notices have been sent to new land contract owner.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:      $17,400 (Entire property)

Estimated cost to repair: $30,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
                                    CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
                       DANGEROUS BUILDING INSPECTION
                                 REPORT
                                   Wednesday, August 12, 2009

Enforcement # EN090203          Property Address 558 E APPLE AVE
Parcel #24-205-058-0007-00      Owner BAUER PROPERTY MANAGEMENT
LLC

Inspector: Henry Faltinowski

Date completed: 08/10/ 09

DEFICENCIES:

 Uncorrected
1. Replace damaged roof system - holes in roof, sagging rafters, shingles
on home need replaced, sheathing inspection needed - rafter inspection
needed.
2. Front porch foundation damage, holes in decking floor joists failing.
3. Broken out windows - replace to energy code.
4. Repair chimney.
5. Interior by trade inspectors requested.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.

_____________________________                        _______________
Henry Faltinowski, Building Inspector                     Date
DATE:        02/15/2010

TO:          Honorable Mayor and Commissioners

FROM:        Anthony Kleibecker, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN090062


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
337 CATAWBA AVE 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: # EN090062 - 337 CATAWBA AVE

Location and ownership: This structure is located on Catawba between Spring
and Pine Streets and is owned by Anthony J. Thomas, 36-63 83 Rd Street Unit
#56, Jackson Heights, MY 11372.

Staff Correspondence: A dangerous building inspection was conducted on
03/06/09. The Notice and Order to Repair was issued on 03/12/09. On 05/07/09
the HBA declared the structure substandard and dangerous.

Owner Contact: No one was present for the HBA meeting dated 05/07/09. There
was a phone conversation with previous owner who stated she sold property
online and a called was received 01/17/10 that property changed hands again at
online auction. Copies of all notices and inspection report were sent to new
owner.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $17,700 (Entire property)

Estimated cost to repair: $15,000 (Exterior only)

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
                                    CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
                       DANGEROUS BUILDING INSPECTION
                                 REPORT
                                        Monday, March 9, 2009

Enforcement # EN090062          Property Address 337 CATAWBA AVE
Parcel #24-205-268-0010-00      Owner JONES LUCY MARCILUS

Inspector: Henry Faltinowski

Date completed: 03/06/2009

DEFICENCIES:

Uncorrected
1. Garage roof has collapsed - replace MRC 2006 code.

Uncorrected
2. Scrape and paint siding

Uncorrected
3. Repair front porch steps, guardrails, roof damage structural.

Uncorrected
4. Replace roof covering

Uncorrected
5. Repair - replace all damaged windows and doors.


Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.

_____________________________                        _______________
Henry Faltinowski, Building Inspector                     Date
DATE:        02/15/2010

TO:          Honorable Mayor and Commissioners

FROM:        Anthony Kleibecker, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN090098


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
313 E FOREST AVE 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: # EN090098 - 313 E FOREST AVE

Location and ownership: This structure is located on E. Forest. between Smith
and Pine Streets and is owned by MICHIGAN LAND BANK AUTHORITY, 3028
W. Grand Ave; Ste # 4 600, Detroit, MI 48202.

Staff Correspondence: A dangerous building inspection was conducted on
04/14/09. The Notice and Order to Repair was issued on 06/19/09. On 07/02/09
the HBA declared the structure substandard and dangerous.

Owner Contact: No one was present for the HBA meeting dated 07/02/09. There
has been some phone and email contact with Jeffrey Huntington but no permits
have been applied for nor any interior inspections scheduled.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $22,800 (Entire property)

Estimated cost to repair: $10,000 (Exterior only)

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 313 E FOREST AVE

This is a two story wood framed multi-family dwelling. This building has been left
to deteriorate for the past few years. The roof needs to be replaced and it appears
that the roof sheeting may be damaged by water. The structure has been unsecured
on a number of occasions.
                                    CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
                       DANGEROUS BUILDING INSPECTION
                                 REPORT
                                        Monday, April 27, 2009

Enforcement # EN090098          Property Address 313 E FOREST AVE
Parcel #24-205-294-0001-00      Owner FEDERAL NATIONAL MORTGAGE
ASSOC

Inspector: Henry Faltinowski

Date completed: 04/14/2009

DEFICENCIES:

 Uncorrected
1. Replace all roof covering ; call for sheathing inspection when roof is
stripped.
2. Replace damaged siding scrape and paint all exterior wood that is
peeling.
3. Repair entry porch and steps - ceiling of entry porch.
4. Replace broken out windows and doors.
5. Repair soffit and fascia on roof system.
6. Tuck point chimney brick.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.

_____________________________                         _______________
Henry Faltinowski, Building Inspector                      Date

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