City Commission Packet 06-09-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                      JUNE 9, 2009
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                            AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
  A. Miss Shoreline 2009 and Miss Shoreline’s Outstanding Teen 2009.
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING &
     ECONOMIC DEVELOPMENT
  C. Revocation of a Neighborhood Enterprise Zone Certificate. PLANNING
     & ECONOMIC DEVELOPMENT
  D. Transportation Funding Resolution. CITY MANAGER
  E. Arena Management – JS Hockey Enterprises, Inc. CITY MANAGER
  F. Addition of a Clause to the IFT Contract.   PLANNING & ECONOMIC
     DEVELOPMENT
  G. Approval of Department of Energy Grant. PLANNING & ECONOMIC
     DEVELOPMENT
  H. Crack Sealing Machine. PUBLIC WORKS
  I. Special Events – Multiple Liquor License Request for Muskegon Eagles
     Aerie 668 Fraternal Order of Eagles During Muskegon Summer
     Celebration. LEISURE SERVICES
  J. Special Events – Multiple Liquor License Request for Muskegon Eagles
     Aerie 668 Fraternal Order of Eagles During Muskegon Bike Time.
     LEISURE SERVICES
       K. Special Events – Multiple Liquor License Request for The Muskegon
          Yacht Club. LEISURE SERVICES
       L. Muskegon Bike Time Events. Inc. July 17th thru July 19th, 2009. LEISURE
          SERVICES
       M. Acceptance of Fair Housing Impediment Study.                                         COMMUNITY &
          NEIGHBORHOOD SERVICES
       N. Final CDBG/HOME Allocations                              from       HUD.            COMMUNITY   &
          NEIGHBORHOOD SERVICES
   PUBLIC HEARINGS:
       A. Request for an Industrial Facilities Exemption Certificate – ESCO
          Company. PLANNING & ECONOMIC DEVELOPMENT
   COMMUNICATIONS:
   CITY MANAGER’S REPORT:
   UNFINISHED BUSINESS:
       A. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish 254 Amity Avenue. PUBLIC SAFETY
   NEW BUSINESS:
       A. Resolutions for City Charter Amendments. 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:
   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:    June 9, 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, May 26th.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         MAY 26, 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, May 26,
2009.
   Vice Mayor Gawron 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: Vice Mayor Stephen Gawron, Commissioners Sue Wierengo, Steve
Wisneski, Chris Carter, Clara Shepherd, and Lawrence Spataro, City Manager
Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk Linda Potter.
  Absent: Mayor Stephen Warmington (excused)
2009-44 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May 11th Commission
Worksession, and the May 12th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Acceptance of First Street into the City’s Street System. ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution accepting First Street from the
alley south of Western to Morris into the City’s street system. The previously
approved resolution of February 10, 2009, contained inaccurate descriptions of
First Street limits.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the resolution.
       C. Request to Submit a Grant Application for Getty Street, Laketon to
          Evanston. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit a request for grant application
to MDOT for TEDF-F funds to reconstruct Getty Street from Laketon to Evanston.
The request is for $380,000 and will require a match of up to $150,000 which will
be budgeted for in 2010 since the request is for 2011 funding year.
FINANCIAL IMPACT: A local share of $150,000 match plus engineering costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to submit the application.
       D. Rezoning Request for Property Located at 1221 W. Laketon Avenue.
          PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 1221 W. Laketon
Avenue from RM-2, Medium Density Multiple Family Residential to R, One Family
Residential.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map, Master Land Use Plan and zoning
district intent.
COMMITTEE RECOMMENDATION:           The Planning Commission voted to
recommend denial of the request at their May 14, 2009, meeting. The motion
was approved by unanimous vote with B. Larson absent.
       F. Paying Agent Services. FINANCE DIRECTOR
SUMMARY OF REQUEST: When the City issues bonds, it hires a “paying agent”
bank to do the recordkeeping and process principal/interest payments to
bondholders over the life of the issue. This has become a niche market and only
a couple of banks currently offer this service in the Midwest. We recently looked
into consolidating our bond issues at a single bank and, in the process, were
offered an extraordinary deal by Bank of New York. Bank of New York is willing
to perform paying agent services for an annual fee of $100/issue ($75/issue if
paid in advance). We had been considering consolidating at US Bank in
conjunction with Muskegon County for a fee of $300/issue. In further discussions
with US Bank, it was clear that they were not prepared to match Bank of New
York’s proposal.
FINANCIAL IMPACT:
   •   $14,550 net savings over the life of current outstanding bonds
   •   Eliminate need to process future payables checks
   •   Lock in excellent rate for future bond issues
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into the agreement with Bank
of New York, terminate current paying agent services with US Bank, consolidate
all current and future paying agent services with Bank of New York and
advance pay for these services.
       G. Aggregates, Highway Maintenance Materials. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase crack sealing material from
Lakeshore Parking Lot Maintenance, Inc. The estimated cost based on 2008
quantities is $55,566.
Earlier this year, approval to purchase crack sealing material from a different
vendor was approved. However, after using said product for a short period of
time, staff concluded that product was not the most suitable for our
applications and would like to try a different product supplied by Lakeshore
Parking to ensure optimization of tax payers’ dollars.
FINANCIAL IMPACT: $55,566 based on 2008 quantities at 2009 quotes.
BUDGET ACTION REQUIRED: None, funds appropriated in several budgets.
STAFF RECOMMENDATION: Authorize staff to purchase crack sealing material
from Lakeshore Parking Lot Maintenance on an as needed bases.
       H. Purchase of Properties Through the City’s Neighborhood Stabilization
          Program. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the following structures for
the City of Muskegon’s Neighborhood Stabilization Program. The properties to
be purchased are the following:
                Address             Purchase Price     Proposed Interest
                1585 Hudson         $8,750             Rehabilitation
                1733 Manz           $13,700            Rehabilitation
                468 W. Forest       $8,500             Demolition
                1500 Leahy          $11,875            Demolition
                1868 Wood           $7,800             Rehabilitation
                370 Catherine       $8,700             Demolition
                1189 Terrace        $10,000            Demolition
The City of Muskegon’s Neighborhood Stabilization Program has three main
components: rehabilitation, demolition and new construction. The Community
and Neighborhood Services’ goal, under the Neighborhood Stabilization
Program, is to have 12 demolitions completed by August 31, 2009, and have 6
rehabilitations completed by the same date.
FINANCIAL IMPACT:       Funding for the purchases will come from the City’s
$1,400,000 Neighborhood Stabilization Program Grant from the US Department
of Housing and Urban Development and being administered through the
Michigan State Housing Development Authority.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the purchases.
       I. Approval of Contractor for Rehabilitation of House at 940 Wood.
          COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST:           To approve the contract with Murphy & Son
Construction, 2519 MacArthur Road, Muskegon, Michigan, for the completion of
the rehabilitation to be located at 940 Wood, for the cost of $64,917.50.
After the total rehabilitation is completed, the home will be sold to a qualified
homebuyer, continuing the City’s aggressive neighborhood revitalization efforts
in the Angell Neighborhood area under the Neighborhood Stabilization
Program.
The City received two additional bids:
   •   LRS Enterprises Construction Company, of 525 Dangl Road, Muskegon, for
       $84,380. This bid was rejected because it was not submitted on the bid
       form supplied.
   •   Beattie Bros. Construction, of 2786 Holton Road, Twin Lake, for $100,664.
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
Neighborhood Stabilization Program funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for the Community and Neighborhood
Services office to develop a contract with Murphy & Son Construction of
Muskegon, Michigan and direct the Mayor and Clerk to sign the contract.
       J. Approval of Contractor for Lead Abatement of House at 940 Wood.
          COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST:        To approve the contract with Murphy & Son
Construction, 2519 MacArthur Road, Muskegon, Michigan, for the completion of
the lead abatement of 940 Wood, for the cost of $22,550.
After the lead abatement is completed, the home will be totally rehabilitated
and then sold to a qualified homebuyer, continuing the City’s aggressive
neighborhood revitalization efforts in the Angell Neighborhood area under the
Neighborhood Stabilization Program.
The City received three additional bids:
   •   LRS Enterprises Construction Company, of 525 Dangl Road, Muskegon, for
       $17,500. The bid was rejected because it was not submitted on the bid
       form supplied.
   •   Statewide Abatement, of 1720 N. Creston, North Muskegon, for $26,900.
   •   Beattie Bros. Construction, of 2786 Holton Road, Twin Lake, for $54,621.
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
Lead Grant funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for the Community and Neighborhood
Services office to develop a contract with Murphy & Son Construction of
Muskegon, Michigan and direct the Mayor and Clerk to sign the contract.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read minus item E.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Wierengo
             Nays: None
MOTION PASSES
2009-45 ITEM REMOVED FROM THE CONSENT AGENDA:
       E. Gaming License Request. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Big Red Athletic Foundation is requesting
a resolution recognizing them as a non-profit organization operating in the City
for the purpose of obtaining a Gaming License to sell raffle-calendars. They
have been recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Gaming License request by the Muskegon Big Red Athletic
Foundation.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Wierengo, and Wisneski
             Nays: None
MOTION PASSES
2009-46 PUBLIC HEARINGS:
       A. Request for an Industrial Facilities Exemption Certificate – Great Lakes
          Die Cast. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Great
Lakes Die Cast, 701 W. Laketon Avenue, has requested the issuance of an
Industrial Facilities Tax Exemption Certificate. The total capital investment will be
$355,000 in personal property and will create up to 20 jobs. This qualifies them
for a tax abatement of nine years.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of nine years for personal property.
The Public Hearing was opened to hear and consider any comments from the
public. Con Nolan, 18067 Fruitport, Spring Lake, President of Great Lakes Die
Cast gave an update.
Motion by Commissioner Shepherd, second by Commissioner Spataro to close
the Public Hearing and grant the Industrial Facilities Exemption Certificate.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Wisneski, and Carter
            Nays: None
MOTION PASSES
2009-47 NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 1692 Hoyt Street and 1451 Leahy Street. PUBLIC SAFETY
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 30 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 Commissioner Wisneski to concur
with the Housing Board of Appeals notice and order to demolish 1692 Hoyt
Street.
ROLL VOTE: Ayes: Shepherd, Spataro, Wierengo, Wisneski, Carter, and Gawron
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals notice and order to demolish 1451 Leahy.
ROLL VOTE: Ayes: Spataro, Wierengo, Wisneski, Carter, Gawron, and Shepherd
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were made.
ADJOURNMENT: The City Commission Meeting adjourned at 5:58 p.m.


                                          Respectfully submitted,




                                          Ann Marie Becker, MMC
                                          City Clerk
                             AGENDA ITEM NO. ______________

                   CITY COMMISSION MEETING ____________________



TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        May 28, 2009

RE:          Transportation Funding Resolution



SUMMARY OF REQUEST:
To adopt a resolution in support of a comprehensive transportation funding package to maintain
and improve Michigan’s roads.



FINANCIAL IMPACT:
A comprehensive transportation funding package would provide significant increased funding to
the City, as reflected by these figures provided by the Michigan Municipal League.

MDOT-MTF Forecast Scenario
AGENCY       FY 2008       FY 2010            FY 2011      FY 2012     FY 2013     FY 2014
City      Reg & Tax Only Estimated           Estimated    Estimated   Estimated   Estimated
Muskegon        2,863,728 3,602,691           4,081,113   4,560,426   5,040,673   5,293,145


BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To adopt the resolution and distribute it accordingly.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\TRANSPORTATION FUNDING RESOLUTION 052809
         RESOLUTION REQUESTING COMPREHENSIVE ROAD AND TRANSIT FUNDING

WHEREAS, the Michigan Transportation Funding Task Force (TF2) issued a report in November 2008
that provides that Michigan must double its state and local funding for transportation infrastructure if the
state is to have a good transportation system; and

WHEREAS, the TF2 included a series of recommendations that would create a comprehensive
transportation funding package that addresses the immediate transportation needs in Michigan; and

WHEREAS, a “good” level of investment will sustain 126,000 Michigan jobs, attract new businesses,
and open new global markets for Michigan products and services, and $41 billion in additional
economic benefits can be generated for all sectors of Michigan’s economy; and

WHEREAS, Michigan’s transportation infrastructure is dependent upon long-term planning and ongoing
maintenance, both of which are dependent upon adequately funded revenue sources; and

WHEREAS, although the Michigan Department of Transportation (MDOT) has met its goal of having 90
percent of the state-maintained roads in good condition by 2007, the most recent MDOT Five-Year
Transportation Plan anticipates that future revenue will not be sufficient to maintain the progress made;
and

WHEREAS, Transportation analysts estimate that Michigan will be approximately $105 million short of
the necessary match to receive its share of federal transportation funding. This shortfall will result in
the loss of $576 million in federal transportation dollars beginning in FY 2011; and

WHEREAS, Michigan drivers will pay $7 billion annually in costs related to traffic accidents, lost time,
and wasted fuel as a result of traffic congestion and inadequate roads; and

WHEREAS, the Road Information Program (TRIP) estimates that the average cost of inadequate
roadways, annually, is $1,671 per driver in the Detroit metro area; $1,085 per driver in Grand Rapids;
$866 per driver in Lansing; and $785 per driver elsewhere in the state; and

WHEREAS, the quality of a region’s transportation system is an important factor in where many
businesses and industries may decide to locate, expand, or downsize; and

WHEREAS, a modern transportation system is critically important if Michigan is to take advantage of
economic development opportunities; and

WHEREAS, recently, a package of bills was introduced in the state Legislature that will gradually, over
the course of five to seven years, achieve the recommended TF2 investment level; and

WHEREAS, the City of Muskegon recognizes the above facts.

NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon moves that the Michigan
Legislature enact, and Governor Jennifer M. Granholm sign, legislation providing a comprehensive
transportation funding package to address our immediate needs that include:
       A bill to allow for the use of public-private partnerships;
       A bill to expand the Asset Management Program to include all public roads, pavement, ancillary
       elements, utility locations, and transit programs;
       A bill to allow for the use of toll revenues;
       A bill to enable tax increment financing authorities (TIFA) for transportation purpose;
       A bill to allow for private investment infrastructure funding (PIIF);
       A bill to enable county funding options on driver licenses up to $25 on all operator’s licenses
       and allow local capture of these funds for local transportation projects;
       A bill to change motor fuel taxes from a flat-tax to an ad valorem rate;
       A bill to increase vehicle registrations over a five-year period.

BE IT FURTHER RESOLVED, that this resolution shall be transmitted to Governor Jennifer Granholm,
to the State Senate, the State House of Representatives, and the Michigan Municipal League.

                                              IN WITNESS WHEREOF, I hereunto set my hand and
                                              cause the Seal of the City of Muskegon to be affixed this
                                              _____ day of ______________, 2009.




                                              _____________________________________________
                                              Stephen J. Warmington, Mayor
                            AGENDA ITEM NO. ______________

                  CITY COMMISSION MEETING _____________________


TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       May 29, 2009

RE:         Arena Management – JS Hockey Enterprises, Inc.



SUMMARY OF REQUEST:
To authorize the Mayor and City Manager to execute any and all documents pertaining to the
transfer of the management of the L.C. Walker Arena to JS Hockey Enterprises, Inc., including
documents pertaining to the Arena’s liquor license.



FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the request.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\ARENA MANAGEMENT – JS HOCKEY 052909
Date:     06/09/09
To:       Honorable Mayor and City Commission
From:     DPW
RE:       Crack Sealing Machine




SUMMARY OF REQUEST: Authorize staff to enter into a rent/purchase
agreement with National Highway Maintenance.


FINANCIAL IMPACT: $25,985.00


BUDGET ACTION REQUIRED: None. The cost will be offset by savings on
other purchases.


STAFF RECOMMENDATION: Authorize staff into a rent/purchase agreement
with National Highway Maintinance.
Memorandum

To:   Honorable Mayor and City Commissioners
From: DPW
Date: 06/09/09
Re: Crack Sealing Machine



   The Highway Department is proposing to add a second crack sealing
crew to help maintain the streets. The initial plan was to rent the
machine at a cost of $3,450.00 per month for four to five months.

   After talking with the Highway Supervisors and the Director of
Public Works they plan to continue with a second crack sealing crew in
the future.

   National Highway Maintenance out of Akron, Ohio is the company
that we planned to rent the crack sealing machine from. Their sales
representative has sent us a proposal to rent/purchase the machine for
six monthly payments of $4,330.84 and at the end we own the machine.

   While this purchase was not budgeted in 2009, we feel that it is in the
best interest of the City to purchase instead of rent.




                                                                             1
Date:        June 2, 2009
To:          Honorable Mayor and City Commissioners
From:        Lowell Kirksey, Recreation Supervisor
RE:          Special Events-Multiple Liquor License Request
             Muskegon Eagles Aerie 668/Fraternal Order of
             Eagles.
__________________________________________________________________
SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is
requesting a extension of their current liquor license to be able to serve non-
members during the Muskegon Summer Celebration (June 26th through July 5th) The
following temporary alcohol licenses have been approved for this time period:
Muskegon Summer Celebration, Mike’s Inn.


FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: None.

COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
request at their May 18th meeting.
Date:        June 2, 2009
To:          Honorable Mayor and City Commissioners
From:        Lowell Kirksey, Recreation Supervisor
RE:          Special Events-Multiple Liquor License Request
             Muskegon Eagles Aerie 668/Fraternal Order of
             Eagles.
__________________________________________________________________
SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is
requesting an extension of their current liquor license to be able to serve non-
members during the Muskegon Bike Time Event, scheduled July 17th through July
19th. The following temporary alcohol licenses have been approved for this time
period: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike’s Inn.


FINANCIAL IMPACT: None

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: None

COMMITTEE RECOMMENDATION: The Leisure Services Board has approved this
request at their May 18th meeting.
Date:        June 3, 2009
To:          Honorable Mayor and City Commissioners
From:        Lowell Kirksey, Recreation Supervisor
RE:          Special Event Multiple Liquor License Request-
             The Muskegon Yacht Club
__________________________________________________________________
SUMMARY OF REQUEST: The Muskegon Yacht Club is requesting an extension of
their current liquor license to be able to host the Queens Cup Regatta on June 27,
2009. The following temporary alcohol licenses have been issued for this date:
Muskegon Summer Celebration, and Mike’s Inn.


FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: None.

COMMITTEE RECOMMENDATION: The Leisure Services Staff approved this
request.
Date:        June 2, 2009
To:          Honorable Mayor and City Commissioners
From:        Lowell Kirksey, Recreation Supervisor
RE:          Muskegon Bike Time Events, Inc.
             July 17th thru July 19th, 2009




SUMMARY OF REQUEST: To approve the request from Muskegon Bike Time
Events Inc, subject to the conditions outlined in the attached memo.

FINANCIAL IMPACT: Request that equipment rental fees be waived. In exchange
they will provide a pre-negotiated amount of beverage tent wristbands. The
exchange will be coordinated with the City Manager.

BUDGET ACTION REQUIRED: None

 STAFF RECOMMENDATION: To approve the request from Bike Time, with the
conditions outlined in the memo from Staff.

COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
event at their May 18th meeting, subject to staff approval of individual requests.
                                             MEMO


To:     Honorable Mayor & City Commission

CC.     Bryon Mazade, City Manager

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

Date: June 3, 2009

Re:     Bike Time Request- Staff Recommendations


Staff is excited to once again be working with the Bike Time Committee on another outstanding
event in Muskegon. We are fully supportive of the event and realize the benefits to Muskegon.
Staff has reviewed the request from Bike Time (submitted in Bike Time’s letter dated April 22,
2009) and has conditions to some of the specific requests.

    1) Bike Time may have exclusive use of Western Avenue from Terrace Street to 8th Street
       for motorcycle traffic and motorcycle parking only.

    2) Bike Time may have exclusive use of Market Street from Terrace Street to Jefferson
       Avenue for vendors and motorcycle parking.

    3) Due to the fact that there are businesses located on Western Avenue east of Third Street
       and the Post Office must remain open, staff is requiring that: (a) First Street from
       Shoreline to Western must remain open (in addition, First Street between Western and
       Clay is not a public street and the City has no jurisdiction over it). (b) Morris from Third to
       Terrace must remain open to allow access to businesses and to the office complexes at
       Morris and Terrace. (c) The bikes will have to make their turns to go back west on
       Western from Jefferson and not from Terrace. No closures or impediments are allowed
       along Terrace. In addition, Hackley Park is reserved for a Party in the Park on July 17.
       Clay Street, between Third and Fourth Street should be available for Party in the Park on
       the evening of July 17. In addition, Bike Time has not provided a map of the final
       route for the Event. Therefore, it is recommended that final approval for the route
       be given by staff.

    4) Staff recommends that Bike Time be allowed to use the City’s parking lot across from
       L.C. with the following conditions: a) Bike Time must use reasonable anchors to prevent
       permanent damage to the asphalt surface. Approval for “reasonable anchors” should be
       secured through the City’s Engineering Department. b) Bike Time contact MISS DIG and
       Belasco Electric prior to the event to insure no underground utilities (private or public) are
       interfered with. c) Use of the parking lot is contingent on approval from LC Walker Arena
       (to insure they have no event scheduled during this time). d) Consumer’s must be
       contacted prior to the event and at the conclusion to the event to read the electric meter
       panel (in order that the City is property reimbursed for electrical usage at the site).

    5) The City’s portion of the fourth street & Shoreline parking belongs to L.C management.
        Therefore, a separate agreement must be made between Bike Time and L.C.
        management for that lot. In addition, Bike Time is responsible for securing its own
        electrical service on site (not the City’s).
    6) Staff recommends that exclusive peddling rights only be considered in the immediate
       area of Bike Time (between Shoreline Drive to the East- East of Terrace, Seventh Street
       to the West, the lakeshore to the North and Webster Avenue on the South- additional
       information will be needed from Bike Time regarding the exact boundaries, with final
       approval by staff recommended). First Street from Western to Clay cannot be included in
       this request, as it is not public. Mart, should not be a part of this request as it provides for
       the only access to the Amazon building while Western is closed off.

    7) The City will not be tied to notifying Bike Time of requests for use of City facilities.

    8) Staff recommends that each beverage tent and liquor request for the Bike Time event be
       reviewed by the City for approval.

    9) Bike Time may use the corner of 6th Street and Western in the street on 6th and the
       corner of 4th and Western in the street on 4th closest to the LC Walker Arena and on the
       corner of 1st Street for Merchandise Tents.

    10) Additional information will be needed regarding equipment for Bike Time. It is
        recommended that staff make the final decision regarding rental fees, actual costs,
        and/or exchange of concert tickets.

    11) Staff recommends that Bike Time seek approval from the City for their specific use of
        their own labor pool. There are implications with this, particularly in relation to public
        safety staff. In addition, the City is willing to review staffing levels for City personnel with
        the Bike Time staff, with the City making the final decision on the number of City staff
        needed for the event.

    12) The City will provide an estimated list of all fees incurred by Bike Time from the City of
        Muskegon.

    13) Additional labor and equipment use not outlined in the application will be cleared through
        Bike Time, providing it does not involve public safety or an emergency matter.

    14) City Staff will plan to meet (in fact, they already have been meeting) with Bike Time staff
        regarding staffing levels for City personnel.

    15) Bike Time may not close off 7th Street between Clay and Western.

    16) Bike Time is required to designate one person from their committee to work individually
        with staff and provide the name of the person to the Leisure Services Department by July
        8, 2009. This person is required to be available in person, or by cell phone, throughout
        the entire Bike Time Event (from set up on Thursday to take down on Monday).

    17) Bike Time is required to notify staff by July 8, 2009 as to the equipment needed for the
        event. If Bike Time picks up the items for distribution at the proper locations (picnic
        tables, trash cans, etc), there will be no charge to Bike Time. This must first be approved
        by City Staff. No further requests are to be made after July 8, 2009.

    18) Bike Time is responsible for removing trash from the permanent containers downtown
        during the Event.

City staff recommends approval of the Bike Time request, per the letter from Brett Gilbert, dated
April 22, 2009, with the exceptions listed above.
Commission Meeting Date:          June 9, 2009

Date:         June 3, 2009
To:           Honorable Mayor & City Commission
From:         Community and Neighborhood Services Department
Re:         Final CDBG/HOME Allocations from HUD
________________________________________________________________________
SUMMARY OF REQUEST: For the City Commission to make an additional
allocation decision concerning the 2009-2010 Community Development Block
Grant/HOME Partnership Program allocations for this coming fiscal year.
During the March 24, 2009 City Commission meeting, the Commission made
their final decision on the 2009 – 2010 CDBG/HOME Partnership allocations.
Since then HUD has revised the total amounts for the grants. CDBG was
increased from $984,207 to $999,433 and HOME was increased from
$290,049 to $322,469.         The City Administration made the following
recommendations:
CDBG
Increase the Veterans from $3,000 to $5,000 - $2,000 increase
Increase Façade from $5,000 to $8,500 - $3,500 increase
Increase Youth Recreation from $75,000 to $80,000 - $5,000 increase
Increase the American Red Cross from $3,500 to $5,000 - $1,500 increase
Increase Summer Interns from $6,260 to $8,000 - $1,750 increase
Increase Legal Aid Foreclosures from $8,500 to $9,976 - $1,476 increase
Total Increase is $15,226.

The CDC made two changes to the City’s CDBG recommendations:
Increase Youth Recreation from $75,000 to $79,000 - $4,000 increase
Increase Muskegon Community Health Project from $2,750 to $3,750 -
$1,000 increase. Their reasoning for this increase is this program deals
with uninsured diabetics and this is such a growing problem in Muskegon.

HOME
Increase HOME Admin from $22,500 to $25,742 - $3,242 increase
Increase Rental Rehab from $70,000 to $74,727 - $4,727 increase


Page 1 of 2
Increase Sr. Weatherization from $125,549 to $150,000 - $24,451 increase
Total increase is $32,420.

The CDC made two changes to the City’s HOME recommendations:
Increase Sr. Weatherization from $125,549 to $45,000 – increase $19,349.
Increase Habitat for Humanity from $50,000 to $55,000 - $5,000 increase.
Their reasoning for this increase is that Habitat always needs and uses any
funds given them for their Muskegon projects.

After receiving the Commissions final allocation decision, the Community and
Neighborhood Services office will amend the appropriate CDBD Subrecipient
Agreements and HOME CHDO Agreements.
FINANCIAL IMPACT: The decision will determine how the Community
Development Block Grant /HOME Partnership Program final funding will be
allocated for the 2009-2010 fiscal year.
BUDGET ACTION REQUIRED: The Commission actions will establish the
fiscal year’s budget.
STAFF RECOMMENDATION: The Commission previously received the
administration recommendations.
COMMITTEE RECOMMENDATION: The Commission also received the
Citizen District Council recommendations.




Page 2 of 2
Community Development Block Grant 2009 - 2010 - FINAL
                                                                                     Amount               Administration               CDC          City Commission          City Comm
Organization/Agency                       Activity                                  Requested            Recommendation                Rec         Previous Final Rec.   Final Determination
Love INC                                  Handicap Ramps*                               $5,000                       $2,500            $3,500                   $3,500                $3,500
American Red Cross                        Senior Transportation*                        $5,000                       $5,000            $5,000                   $3,500
West Michigan Veterans                    Food Bank*                                    $5,000                       $5,000            $5,000                   $3,000
Community enCompass                       Healthy Neighborhood Project*                 $6,000                       $1,850            $3,850                   $3,850                $3,850
COM - DPW                                 Senior Transit*                              $64,724                      $42,500           $42,500                  $42,500               $42,500
COM - Planning CDBG Code Enf              Code Enforcement                             $57,675                      $45,000           $45,000                  $45,000               $45,000
COM - Planning Comm Economic Dev          Façade                                       $10,000                       $8,500            $8,500                   $5,000
COM - CNS CDBG Service Delivery           Delivery Service                             $82,000                      $70,000           $70,000                  $70,000               $70,000
COM - Finance Bond Repayment              Fire Station Bond                           $150,619                     $150,619          $150,619                 $150,619              $150,619
HealthCARE                                Health Outreach*                              $3,500                       $2,750            $3,500                   $3,500                $3,500
Legal Aid                                 Housing Related Legal Services*               $5,500                       $3,500            $3,500                   $3,500                $3,500
Legal Aid                                 Foreclosure Legal Aid*                       $16,500                       $9,976            $9,976                   $8,500
Muskegon Community Health Project         Uninsured Diabetes Outreach*                  $5,000                           $0            $3,750                   $2,750
COM - CNS CDBG Administration             Admin **                                    $179,000                     $158,500          $158,500                 $158,500              $158,500
COM - Engineering Street Construction     Street Construction                          $65,000                      $48,500           $48,500                  $48,500               $48,500
COM - Leisure Services                    Youth Recreation*                           $112,405                      $80,000           $79,000                  $75,000
COM - CNS CDBG Siding                     Vinyl Siding                                $210,000                     $172,500          $172,500                 $172,500              $172,500
COM - CNS CDBG Emergency Repair           Emergency Repair                            $200,000                     $175,000          $176,500                 $176,500              $176,500
COM - Inspections Dangerous Bldgs         Demolition & Board Ups                       $57,500                      $43,500           $43,500                  $43,500               $43,500
COM - Affirmative Action                  Affirmative Action                            $5,000                       $3,750            $4,500                   $4,500                $4,500
COM - Affirmative Action                  Summer Internships                           $10,000                       $8,000            $8,000                   $6,250
                                                                 Total CDBG Request $1,255,423                   $1,036,945        $1,045,695               $1,030,469              $926,469

                                                              Total CDBG Allocated          $999,433               $999,433          $999,433                 $999,433              $999,433
NOTE:                                                      Expected program income           $50,000                $50,000           $50,000                  $50,000               $50,000
*   Public Service                                                               Total    $1,049,433             $1,049,433        $1,049,433               $1,049,433            $1,049,433
** City CDBG Administration                               Allocated/Request Difference    ($205,990)               $12,488            $3,738                  $18,964              $122,964

                                                        Total Amt of Public Service*        $228,629               $153,076            $159,576              $149,600                $56,850
                                            Public Service mandated Amt 

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