City Commission Packet 07-14-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                     JULY 14, 2009
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                            AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. SECOND READING:     Vacant Building Registration             Ordinance
     Amendments. PLANNING & ECONOMIC DEVELOPMENT
  C. Contract for Demolition of        1387   7th   Street.   COMMUNITY   &
     NEIGHBORHOOD SERVICES
  D. Create Lakeshore Trail Fund. FINANCE
  E. Fireworks Display Permit for Muskegon Bike Time. CITY CLERK
  F. Ammunition Purchase. PUBLIC SAFETY
  G. 2009 Water Treatment Chemical Bids. WATER FILTRATION
  H. Budgeted Vehicle Replacement. PUBLIC WORKS
  I. Agreement for General Services with a Retired City Employee. PUBLIC
     WORKS
  J. Request to Hold a Leisure Services Yard Sale. LEISURE SERVICES
  K. Budgeted Equipment Setup. PUBLIC WORKS
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
   UNFINISHED BUSINESS:
   NEW BUSINESS:
       A. Rescind Restrictive Covenant Action for 1470 Lakeshore Drive.                                 CITY
          MANAGER
   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: To Discuss Pending Litigation.
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:    July 14, 2009
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Becker, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, June 23, 2009.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         JUNE 23, 2009
    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, June 23,
2009.
   Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word Church of Muskegon 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, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
   Absent: Commissioner Clara Shepherd (excused).
2009-54 INTRODUCTIONS/PRESENTATION:
      A. 2009 Interns. AFFIRMATIVE ACTION
Dwana Thompson, Affirmative Action Director, introduced Montel Pierre, Nola
Coleman and Melissa Hawley. They are the summer interns from Baker College.
2009-55 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 8th Commission
Worksession, and the June 9th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Vacant Building Registration Ordinance Amendments.       PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for
the purpose of exempting legal storage uses, located in the proper zoning
district, from the definition of a vacant structure.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10,
Section 107 Annual Registration of Vacant Buildings and Registration Fees,
specifically to amend the definition of Vacant found in sub-section (b)(1)(f).
(Requires second reading.)
      C. Fireworks Display Permit for Muskegon Summer Celebration.           CITY
         CLERK
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting approval of a
fireworks display permit for July 4th at the Muskegon Summer Celebration. 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 the insurance.
      E. Award of Consulting Contracts for United States Environmental
         Protection Agency (USEPA) Assessment Grant.     PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has received a USEPA Assessment
Grant in the amount of $200,000. We will proceed to administer this grant in a
similar manner to the past Michigan Department of Environmental Quality Site
Assessment Grants we have received. Since the grant amount is lower than in
the past (although the maximum amount awarded through this particular USEPA
Grant fund), it is recommended that only two consultants be awarded a
contract. After interviewing five firms, and receiving their qualifications, it is
recommended that contracts be awarded to Envirologic Technologies Inc.
(Kalamazoo) and Horizon Environmental (Grand Rapids). Both firms have
extensive experience with both Brownfields and the EPA. Anne Couture will
continue to work with the City as our Brownfield Staff Consultant (these services
are financed through the grant as well).
FINANCIAL IMPACT: The consultants’ fees will be paid for through the EPA Grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To award contracts to Envirologic Technologies Inc.
and Horizon Environmental for the USEPA Brownfield Assessment Grant on the
condition that they use local contractors, to the extent possible, for their sub-
contracted grant funded work (e.g., lab work, surveying, etc.) and to authorize
the Mayor to sign the actual contracts when they have been reviewed and
approved by both USEPA and the City Attorney.
      F. Sale of Buildable Vacant Lot at 458 Monroe. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 458
Monroe (Parcel #24-205-371-0011-00) to Tony Rader, 1325 7th Street, Muskegon,
MI. The lot is 66 x 132 ft. and is being offered to Tony Rader for $2,000 plus the
fee to register the deed. Tony Rader will be combining this property with his
existing property, which would be considered unbuildable should his home be
destroyed over 75%. His property is 33 x 66 ft. The True Cash Value for the
property listed in the Assessor’s Office is $10,000, and our price is set at $2,500
which is 25% of that amount. The City has owned the property since 2004 and
there have been no inquiries for potential construction. The Land Reutilization
Committee is recommending approval of the sale at a lesser price due to the
size of Tony Rader’s current property.
FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue for
the City and will place the property back on the City’s tax rolls thus relieving the
City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
COMMITTEE RECOMMENDATION:              The Land Reutilization Committee
recommends approval of the sale with the condition that the property be
combined with the owner’s original parcel.
      G. Contract for Excavation        at   525   Orchard.       COMMUNITY       &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: Approval for Community and Neighborhood Services to
execute a contract with Press’s LLC, 8081 Holton duck Lake Road, Holton, MI, for
the demolition of the structure located at 525 Orchard. This activity is the first
action under the City’s Orchard Street Redevelopment Program. Press’s was the
only bid received, at $3,620.
FINANCIAL IMPACT: The funding will be allocated from the City’s NSP Grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request
COMMITTEE RECOMMENDATION: The program was reviewed by the Citizen’s
District Council.
      H. Memorandum of Understanding-Justice Assistance Grant.              PUBLIC
         SAFETY
SUMMARY OF REQUEST:         The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the 2009 Justice Assistance Grant. The money in this
grant is shared by the three entities. The $52,970 in this grant will be utilized for
the prosecution of city ordinance cases primarily dealing with neighborhood
issues.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
      I. Federal Assistance to Firefighters Grant-Fire Station Construction.
         PUBLIC SAFETY
SUMMARY OF REQUEST: Public Safety staff request that the Commission support
our application for monies as provided by the Federal Assistance to Firefighters
Grant-Fire Station construction. Our application is requesting grant money for
upgrades and rehabilitation to Station 5 on Marquette Avenue. The exact
monetary request has yet to be determined.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
      J. Installation of Fire Alarm System at City Hall. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into a contract with Midstate
Securities to install a fire alarm system to replace the aging one currently in
place. Midstate is being recommended since they were the lowest responsible
bidder with a base bid price of $11,540.
FINANCIAL IMPACT: The total value of the contract of $11,540.
BUDGET ACTION REQUIRED: Will be added to the 2009 budget as part of the
third quarter update.
STAFF RECOMMENDATION: Authorize staff to enter into a contract with Midstate
to replace the fire alarm system at City Hall.
      L. City – MDOT Agreement for the Reconstruction of Laketon Avenue from
         Peck to Wood. ENGINEERING
SUMMARY OF REQUEST:         To approve the contract with MDOT for the
reconstruction of Laketon Avenue between Peck and Wood, stimulus grant
project, and approve the resolution authorizing the Mayor and City Clerk to sign
the contract.
FINANCIAL IMPACT:      MDOT’s participation is limited to the federal funds of
$800,000. The estimated total construction cost is $1,045,500.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
      M. City – MDOT Agreement for the Reconstruction of Park/Seventh from
         Southern to Houston. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction
of Park/Seventh between Southern and Houston and approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is caped at the federal funds limit of
$240,000. The estimated total construction cost is $866,600 (street, water and
sewer).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the Consent Agenda as presented minus items D and K.
ROLL VOTE: Ayes:  Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: None
MOTION PASSES
2009-56 ITEMS REMOVED FROM THE CONSENT AGENDA:
      D. Liquor License Transfer Request for the Frauenthal, 413-415 W. Western.
         CITY CLERK
SUMMARY OF REQUEST:           The Liquor Control Commission is seeking local
recommendation on a request from PKT Twelve, Inc., co-licensee with Iordache
Holdings, Inc. to transfer all stock in 2008 Class C-SDM Licensed Business with
Dance-Entertainment Permit, Direct Connections-2, Official Permit (food), and 3
Bars located at 413-415 W. Western avenue through transfer of one share from
existing stockholder, Patricia Johnson to new stockholder, Chris McGuigan.
PKT Twelve, Inc., then requests to drop Iordache Holdings, Inc., as Co-Licensee
on the previously described license and add New Official permit (Theater
Performances and Set-ups).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Wierengo, second by Commissioner Carter to approve
the liquor license transfer request for the Frauenthal, 413-415 W. Western.
ROLL VOTE: Ayes:   Warmington, Wierengo, Wisneski, Carter, Gawron, and
           Spataro
            Nays: None
MOTION PASSES
      K. Request to Purchase Tax-Reverted          Properties.    PLANNING    &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The County Treasurer is responsible to sell the tax
reverted properties.       There are eight properties that Community &
Neighborhood Services would like to obtain from the tax reverted list. Local
municipalities have first option to pay the past due taxes and fees prior to the
first tax auction. The application must be turned into the County Treasurer’s
Office by July 1, 2009.
FINANCIAL IMPACT: Total cost of the seven properties is $25,630.90 (taxes) plus
$80 (registering of eight deeds).
BUDGET ACTION REQUIRED: To expend the $25,710.90 necessary to purchase
the properties through the NSP funds.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and purchase application.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request to purchase the various tax-reverted properties.
ROLL VOTE: Ayes:   Wierengo,      Wisneski,   Carter,   Gawron,   Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
2009-57 NEW BUSINESS:
      A. Termination of Restrictive Covenant for 1469/1470 Lakeshore Drive.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To deny the request to Terminate the Restrictive
Covenants for 1469/1470 Lakeshore Drive. The City did not place the covenant
on the property. The current owner had placed the covenant on the property
in order to preserve the view of the lake from the home at 1469 Lakeshore Drive.
The owner included the City in the enforcement of the covenant. The owner
would like to have the covenant removed as both properties are for sale and
the prospective purchaser does not want to purchase the properties with the
covenant in place. The property at 1470 Lakeshore is a buildable lot based on
the zoning ordinance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny the request to terminate the restrictive
covenant and to authorize both the Mayor and the Clerk to sign the documents
that meet the approval of the City Attorney.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to deny the
request to terminate the restrictive covenant and to authorize both the Mayor
and the Clerk to sign the documents that meet the approval of the City Attorney.
MOTION WITHDRAWN
Motion by Commissioner Spataro, second by Vice Mayor Gawron to direct City
staff to draft the necessary documents to amend the restrictive covenant on the
property located at 1469/1470 Lakeshore Drive in order to accommodate the
improvements described in the letter provided by C. Douglas Meinhardi on
behalf of Helen Jean Meinhardi, Arntz, subject to necessary approval by Zoning
and Inspections.
ROLL VOTE: Ayes:   Wisneski, Carter, Gawron, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      B. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY
         1464 Sixth Street, (home and garage) Area 10 – REMOVED PER STAFF
         718 E. Isabella Avenue, (home and garage)
         1201 Pine Street, (garage) Area 11b
         1411 Sixth Street, Area 10
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty days.
It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 718 E. Isabella
Avenue and 1411 Sixth Street.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, and Wisneski
            Nays: None
            Absent: Carter (stepped out of the room)
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1201 Pine Street-
garage only.
ROLL VOTE: Ayes:    Gawron, Spataro, Warmington, Wierengo, Wisneski, and
           Carter
            Nays: None
MOTION PASSES
2009-58 ANY OTHER BUSINESS: Curbside Recycling.
Motion by Commissioner Carter, second by Vice Mayor Gawron to extend the
date for the curbside recycling for one more month until July 31, 2009.
ROLL VOTE: Ayes:  Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:50 p.m.


                                          Respectfully submitted,




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



Date:          June 5, 2009
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development
RE:            Vacant Building Registration Ordinance Amendments


SUMMARY OF REQUEST:

Request to amend the Code of Ordinances Chapter 10, Section 107, Annual Registration of
Vacant Buildings and Registration Fees, for the purpose of exempting legal storage uses,
located in the proper zoning district, from the definition of a vacant structure.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of Chapter 10, Section 107 Annual Registration of Vacant
Buildings and Registration Fees, specifically to amend the definition of Vacant found in sub-
section (b) (1) (f).

COMMITTEE RECOMMENDATION:
None




7/8/09                                                                                      1
                                                                            City of Muskegon
                                                                          Planning Department



Memo
To:     Honorable Mayor and City Commission
From:   Mike Cameron, Code Coordinator
CC:     Bryon Mazade, City Manager
Date:   June 4, 2009
Re:     Vacant Building Registration revisions



Attached you will find suggested language changes to our Vacant Building Registration ordinance that will
enable staff to better implement the ordinance and assist property owners with compliance.

The suggested change is to Subsection (b) (1) (f) “Vacant”. The purpose of the proposed change is to change
the definition of vacant to allow structures that are legally being used for the purpose of storage and are located
in the proper zoning district for storage uses. With this proposed change they could be exempt from the
requirements to register as a vacant building.

The suggested ordinance language would require them to be in compliance with not only the zoning district that
they are located in, but also with any other applicable building codes, fire codes or other city ordinances. The
proposed change is outlined below:


          Current Language:

                 (F) Vacant: A building or structure shall be deemed to be vacant if no person or
        persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in
        any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-
        occupants, or tenant(s) on a permanent, nontransient basis.


          Proposed Language:

                 (F) Vacant: A building or structure shall be deemed to be vacant if no person or
        persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in
        any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-
        occupants, or tenant(s) on a permanent, nontransient basis, unless the structure is legally
        being used for storage purposes. Such storage use must be a legally allowed principal use of
        the zoning district where the structure is located and the use must be in compliance with all
        appropriate provisions of city ordinances, building and fire codes pertaining to the storage use.




          1
                                        CITY OF MUSKEGON

                              MUSKEGON COUNTY, MICHIGAN

                                     ORDINANCE NO. _______


An Ordinance amending Chapter 10, Section 107 of the Code of Ordinances
concerning annual registration of vacant buildings and registration fees.


THE CITY OF MUSKEGON HEREBY ORDAINS:

Chapter 10, Section 107 of the Code of Ordinances shall be adopted to read as follows:

SECTION 10-107. ANNUAL REGISTRATION OF VACANT BUILDINGS AND
REGISTRATION FEES

10-107. Annual registration of vacant buildings and registration fees.

        (a) Purpose. The purpose of this section requiring the registration of all vacant
buildings, including dwellings that are subject to chapter 10 as referenced below, and the
payment of registration fees is to assist the city government, particularly the Department
of Public Safety (DPS) and Planning Departments in protecting the public health, safety
and welfare, to monitor the number of vacant buildings in the city, to assess the effects of
the condition of those buildings on nearby businesses and the neighborhoods in which
they are located, particularly in light of fire safety hazards and unlawful, temporary
occupancy by transients, including illicit drug users and traffickers, and to require of the
owners of such vacant buildings their registration and the payment of related fees, and to
promote substantial efforts to rehabilitate such vacant buildings. The provisions of this
section are applicable to the owners of such vacant buildings as set forth herein and are in
addition to and not in lieu of any and all other applicable provisions of this chapter, the
health and sanitation code, and any other applicable provisions of the Muskegon City
Code.

         (b) Definitions and applicability; registration statement and fees.

                (1) Definitions. For purposes of this section, the following words and
         phrases shall have the meanings respectively ascribed to them as follows:

                          (A) Boarded: A building or structure subject to the provisions of
                  this section shall be deemed to be "boarded" if in place of one or more
                  exterior doors, other than a storm door, or of one or more windows, there
                  is a sheet or sheets of plywood or similar material covering the space for
                  such door or window.



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                          (B) Exterior maintenance and major systems: The phrase
                  "exterior maintenance and major systems" shall mean the safe and lawful
                  maintenance of the facade, windows, doors, roof, and other parts of the
                  exterior of the building and the maintenance of its major systems
                  consisting of the roof, the electrical and plumbing systems, the water
                  supply system, the sewer system, and the sidewalk, drive-way, if any, area
                  of the lot, as applicable and as enforced by the DPS, particularly in
                  connection with subsections 10-82 (inspection of unoccupied building)
                  and 10-101 (abatement of dangerous buildings) of this section of this code.

                          (C) Occupied: Any building or structure shall be deemed to be
                  occupied if one or more persons actually conducts a lawful business or
                  resides in all or any part of the building as the licensed business-occupant,
                  or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
                  nontransient basis, or any combination of the same. For purposes of this
                  section, evidence offered to prove that a building is so occupied may
                  include, but shall not be limited to, the regular receipt of delivery of
                  regular mail through the U.S. Postal Service; proof of continual telephone,
                  electric, gas, heating, water and sewer services; a valid city business
                  license, or the most recent, federal, state, or city income tax statements
                  indicating that the subject property is the official business or residence
                  address of the person or business claiming occupancy; or proof of pre-
                  rental inspection.

                          (D) Open: A building or structure subject to the provisions of
                  this section shall be deemed to be "open" if any one or more exterior doors
                  other than a storm door is broken, open and, or closed but, without a
                  properly functioning lock to secure it, or if one or more windows is broken
                  or not capable of being locked and secured from intrusion, or any
                  combination of the same.

                           (E) Owner: An owner of the freehold of the premises or any
                  lesser estate therein, a mortgagee, a vendee-in-possession, assignee of
                  rents, receiver, executor, trustee, lessee, agent or any other person, firm or
                  corporation that is directly or indirectly in control of a building subject to
                  the provisions of this section, and as set forth below.

                          (F) Vacant: A building or structure shall be deemed to be vacant
                  if no person or persons actually, currently conducts a lawfully licensed
                  business, or lawfully resides or lives in any part of the building as the legal
                  or equitable owner(s) or tenant-occupant(s), or owner-occupants, or
                  tenant(s) on a permanent, nontransient basis, unless the structure is legally
                  being used for storage purposes. Such storage use must be a legally
                  allowed principal use of the zoning district where the structure is located
                  and the use must be in compliance with all appropriate provisions of city
                  ordinances, building and fire codes pertaining to the storage use.


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                 (2) Applicability. The requirements of this section shall be applicable to
         each owner of any building that is not a dwelling that shall have been vacant for
         more than 90 consecutive days and to each owner of residential property
         consisting of one or more vacant dwellings that shall have been vacant for more
         than 90 consecutive days. Each such owner shall cause to be filed a notarized
         registration statement, which shall include the street address and parcel number of
         each such vacant building, the names and addresses of all owners, as hereinafter
         described, and any other information deemed necessary by the city. The
         registration fee(s) as required by subsection (b)(3) of this section shall be billed
         by the city and shall be paid within 30 days of the invoice date. For purposes of
         this section, the following shall also be applicable:

                           (A) If the owner is a corporation or a limited liability corporation,
                  the registration statement shall provide the names and residence addresses
                  of all officers, directors and/or members and shall be accompanied by a
                  copy of the most recent annual tax report filed with the State of Michigan;

                          (B) If an estate, the name and business address of the executor of
                  the estate;

                         (C) If a trust, the name and address of all trustees, grantors, and
                  beneficiaries;

                         (D) If a partnership, the names and residence addresses of all
                  partners with an interest of ten percent or greater;

                          (E) If any other form of unincorporated association, the names
                  and residence addresses of all principals with an interest of ten percent or
                  greater;

                         (F) If an individual person, the name and residence address of that
                  individual person.

                          (3) Registration statement and fees; local agent. If none of the
                  persons listed, as above, is shown at an address within the state, the
                  registration statement also shall provide the name and address of a person
                  who resides within the state and who is authorized to accept service of
                  process on behalf of the owners and who shall be designated as a
                  responsible, local party or agent, both for purposes of notification in the
                  event of an emergency affecting the public health, safety or welfare and
                  for purposes of service of any and all notices or registration statements as
                  herein authorized and in connection herewith. Registration shall be
                  required for all vacant buildings, whether vacant and secure, vacant and
                  open or vacant and boarded, and shall be required whenever any building
                  has remained vacant for 90 consecutive days or more. In no instance shall


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                  the registration of a vacant building and the payment of registration fees
                  be construed to exonerate the owner, agent or responsible party from
                  responsibility for compliance with any other building code or housing
                  code requirement. The owner of the vacant property, at the time of billing,
                  shall be responsible for the payment of the non-refundable registration fee.
                  Said fee shall be billed by the city and based on the duration of the
                  vacancy as determined by the master fee resolution.

                  (4) Appeal rights. The owner shall have the right to appeal the
         imposition of the registration fees to a committee appointed by the city manager,
         upon filing an application in writing with the applicable $50.00 non-refundable
         filing fee to the city manager’s office no later than 30 calendar days after the date
         of the billing statement. On appeal, the owner shall bear the burden of providing
         satisfactory objective proof of occupancy.

                 (5) One time waiver of registration fee. A one-time waiver of the
         registration fee may be granted by the committee appointed by the city manager
         upon application of the owner if the owner:

                         (i.) Demonstrate with satisfactory proof that he/she is in the
                  process of demolition, rehabilitation, or other substantial repair of the
                  vacant building; and

                         (ii.) Objectively demonstrates the anticipated length of time for
                  the demolition, rehabilitation, or other substantial repair of the vacant
                  building; or

                         (iii.) Provides satisfactory proof that he/she was actively
                  attempting to sell or lease the property during the vacancy period.

                  (6) Two-year waiver.

                          (i) Upon application by the owner and satisfaction of subsection                         Formatted: Indent: Left: 1"
                  (b)(5) above, the committee appointed by the city manager may grant a
                  two-year waiver of the registration fee if the owner meets the criteria for
                  non-profit organizations as defined by section 501(c)(3) of the Internal
                  Revenue Code or

                          (ii) Upon application by the homeowner(s) who are temporarily
                  residing in a medical care facility, or a legal representative of the
                  homeowner(s), the committee may grant a renewable two-year waiver of
                  the registration fee. To be eligible for a two-year waiver of fee,
                  satisfactory proof that the structure will only be temporarily vacant and the
                  property and structures must remain in good repair and free of any
                  enforcement actions by city departments. Should the structure or property



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                  not be properly maintained, or be in violation of city code, the waiver may
                  be revoked by the appeal committee.




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                  (7) Delinquent registration fees as a lien. After the owner is given notice
         of the amount of the registration fee due, except for those owners that have
         properly perfected an appeal pursuant to subsection (b)(4) above, and the owner
         fails to pay the amount due, said amount shall constitute a debt due and owing to
         the city, and the city may commence a civil action to collect such the unpaid debt.

       (c) Duty to amend registration statement. If the status of the registration
information changes during the course of any calendar year, it is the responsibility of the
owner, responsible party or agent for the same to contact the planning department within
30 days of the occurrence of such change and advise the department in writing of those
changes.

        (d) Exceptions. The fees imposed by this section shall not apply to any building
owned by the United States, the state, the city, nor to any of their respective agencies or
political subdivisions but registration is still required.

        (e) Violations; penalties. The failure or refusal for any reason of any owner, or
agent of an owner acting on behalf of the owner, to register a vacant building or to pay
any fees required to be paid pursuant to the provisions of this section, within 30 days
after they become due, shall constitute a violation punishable upon conviction thereof by
a fine in the amount of not less than $100.00 nor more than $500.00 for each failure or
refusal to register, or for each failure or refusal to pay a required vacant building fee, as
applicable. In such cases, whenever the minimum fine of $100.00 is imposed, it shall not
be subject to suspension or reduction for any reason.

This ordinance adopted:

         Ayes: ___________________________________________________________
         Nays: ___________________________________________________________



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

                                                                 CITY OF MUSKEGON


                                                                 By ___________________________
                                                                    Ann Marie Becker
                                                                    Clerk, City of Muskegon



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                                 CITY OF MUSKEGON
                                 NOTICE OF ADOPTION

Please take notice that on July 14, 2009 the City Commission of the City of Muskegon
adopted to amend the Code Of Ordinances Chapter 10, Section 107, Annual Registration Of
Vacant Buildings And Registration Fees, for the purpose of making the ordinance easier for
property owners to comply with and easier for staff to administer. Specifically to amend sub-
section (b)(2) Applicability, sub-section (b)(3) Registration statement and fees; local agent,
sub-section (b)(4) Appeal rights, sub-section (b)(6) Two-Year waiver, subsection (b)(7)(d)
Exceptions.
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 ____________________, 2009.                  CITY OF MUSKEGON

                                                       By
                                                       _______________________________
                                                             Ann Marie Becker, MMC
                                                             City Clerk
Date: May 26, 2009
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Create Lakeshore Trail Fund


SUMMARY OF REQUEST: The City includes on its income tax form the option for
tax filers to donate refunds to various causes. For both 2007 and 2008 tax returns,
“Lakeshore Trail Improvements” was the most popular donation check-off:

                         Year           Number of Donations         Total Donations

                         2008                    279                     $1,309

                         2007                    243                     $1,272



Staff believes the best use of the donated monies is to seed an endowment at the
Community Foundation for the long-term care and improvement of the trail. Using the
Foundation will give the fund greater visibility and, hopefully, encourage other donations for
this cause in addition to the income tax check-off.

FINANCIAL IMPACT: Will provide a funding tool to protect and improve the City’s
investment in its Lakeshore Trail system.

BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to execute the attached “Build a Fund
Agreement” with the Community Foundation for Muskegon County

COMMITTEE RECOMMENDATION: None.
                           BUILD A FUND AGREEMENT


TO:    Community Foundation for Muskegon County
       425 W. Western Ave, Suite 200
       Muskegon, MI 49440-1101

We wish to establish a Fund by using the Foundation’s “Build A Fund” plan. Under this plan all contributions and
earned investment income accumulate in an investment account (“Account”) until the Account has reached at least
$10,000 (Funding Minimum). The accumulated amount shall be used to establish a Named Endowment Fund of
the Community Foundation for Muskegon County (“Foundation”) upon the terms stated in this agreement.

We would like to establish a Build A Fund Account through:

       Suggested regular contributions of $2,000 per year

Available Payment Options:

       Check/Cash
       VISA/Master Card/American Express/Discover
       Other (stock, mutual fund shares, etc.)

Please Select Investment Option:

            Money Market Account


We understand the Foundation has the right to invest our contributions as its Investment Committee may, in its
discretion, determine.

We understand that our contributions are gifts to the Foundation to be used solely for its charitable purposes and
that neither our contributions nor the Account or any part thereof will be refunded or distributed to us.

We further understand that we or others may add to the Account by gift or bequest at any time for the purpose of
bringing it up to desired levels and/or increasing its value.

We understand if the Account has not reached the Funding Minimum within 5 (five) years from the date of this
agreement, the Foundation may in its discretion allow the Account to continue accumulating until it reaches the
Funding Minimum, or add the assets to the Foundation’s Unrestricted Endowment Fund or to a Fund identified by
the Board. However, we understand that once we have contributed an amount at least equal to the Funding
Minimum to the Account, we shall be deemed to have met the minimum funding standards for the establishment of
an Organization Endowment Fund of the Foundation even if, because of fluctuation in investment values, the value
of the Account at a future date is less than the Funding Minimum.
Upon the Account balance reaching $10,000 it shall be used to establish an Organization Endowment Fund
(the “Fund”) of the Foundation as follows:

         (a)   The Fund shall be known as the Lakeshore Trails Improvement Fund.

         (b)   Distributions from the Fund shall be made as a result of recommendations from the City or an
               advisory committee appointed by the City.


It is understood and agreed the Fund shall be owned by the Foundation held by it in its normal corporate capacity
and shall not be deemed a trust fund held by the Foundation in a trustee capacity. The Foundation shall have the
right to restrict or deny the issuing of grants from this Fund if such grants are inconsistent with the charitable
mission and purpose of the Foundation. Further, the Foundation may vary from any restrictions or conditions
stated in this agreement if, at some future time, those restrictions or conditions would prohibit grant making from
this Fund.

When signed and dated by both parties this letter constitutes our agreement with respect to the Account.


                                             Accepted this _____ day of _________________, 2009

______________________________________________                     ______________________________________
(SIGNATURE)                                         DATE           Chris A. McGuigan, President

_______________________________________________
 ADDRESS


_______________________________________________
 PHONE


_______________________________________________
EMAIL
Date:      July 14, 2009
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Fireworks Display Permit for Muskegon Bike Time




SUMMARY OF REQUEST: West Michigan Burnerz is requesting
approval of a fireworks display permit for July 17th and 18th during the
Muskegon Bike Time. 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 the insurance.
                              CITY COMMISSION MEETING
                                 Tuesday January 27, 2009


TO:            Honorable Mayor and City Commissioners

FROM:          Anthony L. Kleibecker
               Director of Public Safety

DATE:          July 1, 2010

SUBJECT:       Ammunition Purchase

SUMMARY OF REQUEST:

The Director of Public Safety is requesting approval of the purchase of ammunition for
the 2010 calendar year. The request includes both practice and duty ammunition.

Generally, the bid is sought in early 2010 however we have been advised that there is a
shortage of ammunition. Therefore we are requesting that we be allowed to begin the
purchase process at this time.

Only one vendor replied to our bid request; CMP Distributors, 6539 Westland Way,
Lansing, MI. Based upon the bids that were received I am recommending CMP
Distributors be awarded the bid.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

Available in 2009 budget.

STAFF RECOMMENDATION:

Approval of this request.
Date:     07/14/09
To:       Honorable Mayor and City Commission
From:     DPW
RE:       Budgeted Vehicle Replacement




SUMMARY OF REQUEST: Approval to purchase one 2009 Ford F-250 4X4.


FINANCIAL IMPACT: $17,773.00


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approve purchase from Vanderhyde Ford.
Memorandum

To:   Honorable Mayor and City Commissioners
From: DPW
Date: 07/14/09
Re: Budgeted Vehicle Replacement



   The Equipment Division has scheduled the replacement of one of our
Parks Department pickup trucks for 2009. This truck is used during the
summer months to haul mowers and bring supplies to and from our
various parks and to plow snow in the winter.

   We have requested prices from area dealers as well as the statewide
purchasing contracts. Attached is a summary of the bids.


    In accordance with established purchasing policy, we are requesting
permission to purchase one 2009 Ford F-250 from Vanderhyde Ford.




                                                                          1
                                  Equipment Purchase - 2009

                     Macomb County Great Lakes Ford        Fremont Ford       Vanderhyde Ford
                     3942 W. Lansing 2469 E. Apple Ave      7148 W. 48th            345 N. Main
Type of Vehicle       Perry Mi 48872 Muskegon Mi 49442   Fremont Mi. 49412    Cedar Springs Mi. 49319

1 F-250 Pickup 4X4       $17,988.00        $18,744.00            $17,825.00               $17,773.00
Date:    July 14, 2009

To:      Honorable Mayor and City Commissioners

From: DPW
RE:      Agreement for general services with a retired City employee



SUMMARY OF REQUEST:

Authorize staff to enter into an agreement, copy of which is attached, with Robert
Fountain to provide assistant in various fields at DPW including storm sewer and cross
connection compliance. The proposed contract would be for an average of 40-hours a
month (based on needs and availability). Anticipated starting date is August 1st 2009.

Furthermore, it is respectfully requested that staff be authorized to extend and/or
terminate said agreement to best serve the city.



FINANCIAL IMPACT:
Approximately $6,500 for 2009 and an average of $16,000 per year after 2009 based on
480-hours of work per year.



BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Mr. Fountain.



COMMITTEE RECOMMENDATION:
                             AGREEMENT FOR ENGINEERING SERVICES

This agreement is made between the CITY OF MUSKEGON (“City”), and ROBERT FOUNTAIN (“FOUNTAIN”)
concerning GENERAL SERVICES AT DPW.

       THE PARTIES AGREE AS FOLLOWS:

1.0    CONCERNING GENERAL SERIVCES

       1.1    Fountain agrees to perform, under the general direction of the Director of Public, his Deputy and
              the administrative supervision of the City Manager, the duties outlined in the job descriptions for
              Special operation supervisor and/or as directed by the aforementioned individuals ranging from
              Storm Sewer regulation related issues & cross connections to computer assistant.

       1.2    By this agreement Fountain is appointed, for its term, as a Special Operation Supervisor for the
              City of Muskegon to work for.

       1.3    Fountain will perform said services at such times that are reasonably necessary as directed by the
              director and or his deputy to carry out his commitments, obligations and services contracted for.

2.0    COMPENSATION FOR SERVICES

       2.1    The City will compensate Fountain $32.50 per hour. Fountain shall complete a time sheet for time
              spent on City related work and the City shall pay Fountain based upon said time sheets.
       2.2    Fountain shall not be liable while performing the work under this contract unless due to deliberate
              act of negligence.

3.0    TERM AND TERMINATION

       3.1    This agreement is effective 08/01/2009, and will continue until 12/31/2010 unless terminated
              and/or extended. Renewals or extensions may occur on mutually acceptable terms.

       3.2    The City reserves the right to terminate this agreement upon a two week written notice to
              Fountain.
       3.3    Work schedule to consist of 40-hours a month to be used on a mutually agreed upon schedule.

4.0    GENERAL AND SPECIFIC CONDITIONS

       4.1    Fountain agrees that he is an independent contractor. He is required by this contract only to render
              services at such times and on such schedules as agreed upon between Fountain and the
              Director/deputy. Fountain acknowledges that he is not an employee, that he has no rights to
              continuing benefits, withholding of FICA contributions, tax withholding, unemployment, workers
              compensation, additional pension credits, insurance for active employees or other employment
              fringe rights or benefits, and that his compensation is limited to the hourly compensation set forth
              above. This acknowledgment does not affect any benefits Fountain may have as a retiree of the
              City.

       4.2    Fountain agrees to exercise his best effort to avoid representation of any person, party, or entity in
              any cause contrary to the interest of the City. He will also desist from representing any person,
              party, or entity on any matter in which the City is or may become an opposing party.


       IN WITNESS WHEREOF, the parties execute this agreement this________day of________, 2009.


       By___________________________________
         Bryon Mazade, City Manager
______________________________________
Robert Fountain
                                                              Leisure Services




Memo
 To:     Honorable Mayor and City Commissioners
 From:   Lowell Kirksey, Recreation Supervisor
 CC:     Byron Mazade, City Manager
         Cathy Brubaker-Clarke, Director of Community & Economic Development
 Date:   July 8, 2009
 Re:     Request to hold a Leisure Services yard sale.



 The Leisure Services Department would like to hold a yard sale to help supplement the costs of field
 trips for the Summer Adventure program. With the reduction in budget we are seeking to find
 alternative ways to raise funds to provide activities for the youth of Muskegon. Leisure Services has
 clothing items donated by Jones Sporting goods, event t-shirts, uniforms from previous years and
 softballs leftover from the adult softball league to offer as items for sale. We would also ask City of
 Muskegon employees if they would like to donate items to the fundraising effort.




 1
                            AGENDA ITEM NO. ________________

                CITY COMMISSION MEETING _________________________



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       July 1, 2009

RE:         Rescind Restrictive Covenant Action re 1470 Lakeshore Drive



SUMMARY OF REQUEST:
To rescind action taken by the City Commission to approve an amendment to the Declaration of
Restrictive Covenant for 1470 Lakeshore Drive. The anticipated transaction is not proceeding
so the amendment is not required.


FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To rescind the action taken by the City Commission on June 25, 2009.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\RESCIND RESTRICTIVE COVENANT ACTION RE 1470 LKSHR 070209

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