City Commission Packet 08-09-2011

View the PDF version Google Docs PDF Viewer

  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                   AUGUST 9, 2011
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                           AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
NTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Brownfield Consulting Services – Envirologic Technologies,       Inc.
     Proposal. PLANNING & ECONOMIC DEVELOPMENT
  C. Certification of MERS Representatives. FINANCE
  D. Request to Apply for the Certified Local Government Status from the
     Michigan Historic Center. PLANNING & ECONOMIC DEVELOPMENT
  E. Consideration of Bids for Parking Lot at L. C. Walker Arena.
     ENGINEERING
  F. Engineering Services Agreement to Upgrade Traffic Signal at Getty and
     Evanston. ENGINEERING
  G. Burgess-Norton. CITY MANAGER
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
  A. SECOND READING:      Encroachment Ordinance Amendment.          CITY
     CLERK
NEW BUSINESS:
       A. Approval of Sale of City-Owned Home at 1891 Wood. COMMUNITY &
          NEIGHBORHOOD SERVICES
       B. Great Lakes Die Cast Financing Subordination. 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:     August 9, 2011
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST:             To approve minutes of the City
Commission Meeting that was held on Tuesday, July 26, 2011.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         JULY 26, 2011
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, July 26, 2011.
Mayor Warmington opened the meeting with a prayer from Pastor Josh Dear
from the Lakeside Baptist Church after which the Commission and public recited
the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Steve Wisneski, Chris Carter, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Sue Wierengo (excused).
2011-51 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 11th Commission
Worksession Meeting and the July 12th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Switchgear Upgrade Engineering Proposal. WATER FILTRATION
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Tetra-
Tech to provide the necessary engineering design, bidding assistance and start-
up construction assistance to replace the existing 1972 pump station switchgear
for $24,950 since they were the design engineer for the entire facility back in
2004.
FINANCIAL IMPACT: This upgrade was budgeted at $175,000 which includes
engineering services.
BUDGET ACTION REQUIRED:       None at this time.


                                      1
STAFF RECOMMENDATION: Authorize staff to enter into an engineering service
agreement with Tetra-Tech for $24,950 as per the proposal.
     C. Muskegon County Mutual Police Assistance Agreement.              PUBLIC
        SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting that the
Commission approve the Muskegon County Mutual Police Assistance
Agreement. This agreement will provide for supplemental police service from
other law enforcement agencies in the County in the event of an emergent
need or large scale incident. This document updates the current agreement
which was approved by this body some years ago.
The agreement includes all ten law enforcement agencies in the County.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
     D. Encroachment Ordinance Amendment. CITY CLERK
SUMMARY OF REQUEST: This request is to amend Chapter 74, Article V of the
Code of Ordinances by adding sections 74-200 through 74-214.
Under the proposed ordinance, all encroachments will expire August 31, 2011,
and will require renewal on or before September 1st of each year.
FINANCIAL IMPACT: New proposed fees are $25 if an annual inspection is not
required and a $50 fee if an annual inspection is required.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the ordinance amendment.
(Requires Second Reading)
     E. Resolution Authorizing Issuance of Municipal Security with a Grant with
        Fifth Third Bank. FINANCE
SUMMARY OF REQUEST: As discussed in a recent Worksession meeting, the
Finance Director has been able to negotiate a $2,000,000 loan for the purpose
of paying the City’s local match of federal and state grants for street
improvements at a fixed rate of 2.98% interest rate over a ten-year period of
time.
FINANCIAL IMPACT: As described above.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        Authorize staff to proceed with the loan as
described.
Motion   by   Commissioner     Carter, second by Vice Mayor Gawron to

                                      2
approve the Consent Agenda as read.
ROLL VOTE: Ayes:   Wisneski,     Carter,   Gawron,   Shepherd,    Spataro,    and
           Warmington
            Nays: None
MOTION PASSES
2011-52 NEW BUSINESS:
      A. Approval of Sale of City-Owned Home at 468 W. Forest. COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services department to complete the sales transaction between
Ms. Julia A. Johnson for the totally rehabilitated home at 468 W. Forest Avenue,
which is part of the City’s Neighborhood Stabilization Program through the
Michigan State Housing Development Authority Office of Community
Development. Ms. Johnson’s purchase price is $52,000. The beautiful three-
bedroom, two and a half-bath home was previously vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through NSP to sustain our current investments to
stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the sale of the City-owned home at 468 W. Forest.
ROLL VOTE: Ayes:    Carter, Gawron, Shepherd, Spataro, Warmington, and
           Wisneski
            Nays: None
MOTION PASSES
      B. Approval of Sale of City-Owned Home             at   1080   E.   Laketon.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services department to complete the sales transaction between
Mr. Thomas Grosswiler for the totally rehabilitated home at 1080 E. Laketon
Avenue, which is part of the City’s Neighborhood Stabilization Program through
the Michigan State Housing Development Authority Office of Community
Development. Mr. Grosswiler’s purchase price is $39,900. The beautiful two-
bedroom, one-bath home was previously vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the

                                       3
rehabilitation of vacant houses through NSP to sustain our current investments to
stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the sale of the City-owned home at 1080 E. Laketon.
ROLL VOTE: Ayes:     Gawron, Shepherd, Spataro, Warmington, Wisneski, and
           Carter
            Nays: None
MOTION PASSES
      C. Approval of Sale of City-Owned Home at 1644 Division. COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services department to complete the sales transaction between
Mr. Allen Serio for the totally rehabilitated home at 1644 Division Street, which is
part of the City’s Neighborhood Stabilization Program through the Michigan
State Housing Development Authority Office of Community Development. Mr.
Serio’s purchase price is $50,000. The beautiful three-bedroom, one and a half-
bath home was previously vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through NSP to sustain our current investments to
stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the sale of the City-owned home at 1644 Division.
ROLL VOTE: Ayes:  Shepherd, Spataro, Warmington, Wisneski, Carter, and
           Gawron
            Nays: None
MOTION PASSES
      D. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 407 Marquette. 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 structure located at 407
Marquette Avenue (commercial) is unsafe, substandard, a public nuisance

                                         4
and that it be demolished within 30 days.           It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.
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 407 Marquette.
Motion by Commissioner Spataro, second by Commissioner Shepherd to table
action to the second meeting in September.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Gawron, and Shepherd
            Nays: Wisneski
MOTION TO TABLE PASSES
      E. Encroachment Agreement – 1991 Lakeshore Drive, Suite B, Muskegon
         MI 49441
SUMMARY OF REQUEST: Joe Booker is requesting an encroachment agreement
to add an 8’ sign from the existing building.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent that all requirements listed by
the Inspections Department are met.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the encroachment agreement at 1991 Lakeshore Drive, Suite B.
ROLL VOTE: Ayes:   Warmington, Wisneski, Carter, Gawron, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
2011-53 ANY OTHER BUSINESS:
Mayor Warmington stated he had been contacted by Coach Fairfield
requesting permission for the Big Red football team, adults only, to sell on street
corners this Friday and that the fee be waived.
Motion by Commissioner Carter, second by Commissioner Shepherd to waive
the fee for the Muskegon football program to allow them to fundraise on


                                        5
intersections in the City of Muskegon.
Motion amended by Commissioner Spataro, second by Commissioner Carter
that there is no automatic grandfathering based on this action for this
organization and that they pay the initial fee.
(VOTE ON AMENDED MOTION)
ROLL VOTE: Ayes:   Wisneski,      Carter,    Gawron,   Shepherd,   Spataro,   and
           Warmington
            Nays: None
AMENDED MOTION PASSES
(VOTE ON ORIGINAL MOTION)
ROLL VOTE: Ayes:   Wisneski,      Carter,    Gawron,   Shepherd,   Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:24 p.m.


                                             Respectfully submitted,




                                             Ann Marie Becker, MMC
                                             City Clerk




                                         6
          Commission Meeting Date: August 9, 2011




Date:       July 20, 2011
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department
RE:         Brownfield Consulting Services- Envirologic
            Technologies, Inc. Proposal


SUMMARY OF REQUEST: The City’s brownfield consultant, Anne
Couture, is taking a position in Lansing. The City has been working with
Envirologic Technologies, Inc. on current brownfield site assessment
projects. Since Envirologic has extensive experience with Brownfield
Redevelopment Authorities and positive interaction with both the MDEQ
and the USEPA, they were requested to submit a proposal to continue
with the consulting services that Ms. Couture has been providing up to
this point. The proposal is attached.
FINANCIAL IMPACT: The majority of services provided by Envirologic
will be financed through existing (and potentially future) grant funds, as
well as through Brownfield Plan fees. There will be some funds paid
through the City’s general fund, which is the case currently with Ms.
Couture.
BUDGET ACTION REQUIRED: None, the 2011-12 Planning budget
includes funds for this type of consulting service.
STAFF RECOMMENDATION: To approve the “Proposal for Completion
of Brownfield Consulting Services” from Envirologic Technologies, Inc.
and authorize the Mayor to sign the “Proposal”.
Date: August 9, 2011
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Certification of MERS Representatives


SUMMARY OF REQUEST: The MERS plan document provides that “the
governing body for each municipality shall certify the names of two (2) delegates to
the Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other delegate
shall be a member who is not an officer of the municipality, elected by the member
officer/employees of the municipality.”

The City’s bargaining units have agreed to a rotating system (based on date of
joining MERS) to select one official employee representative. This year the official
employee representative attending the MERS conference will be Jeff Balon from the
DPW 517 union.

FINANCIAL IMPACT: Registration for the MERS conference in Kalamazoo is
$185 per person. Additionally, mileage and lodging costs will be incurred.

BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and Jeff Balon to be
the City’s officer and employee delegates at the MERS annual meeting in Traverse
City September 27 – 29.

COMMITTEE RECOMMENDATION: None.




O:\FINANCE\PAUL\MyDocuments\AGENDA ITEM 2011 MERS Delegates.doc                        1
                    Commission Meeting Date: August 9, 2011




Date:         August 3, 2011
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Request to apply for the Certified Local Government status from
              the Michigan Historic Center


SUMMARY OF REQUEST:

Becoming a Certified Local Government will give the City access to more historic
rehabilitation grants and free educational workshops. The current historic preservation
ordinance was recently revised to meet the criteria required for certification by the Michigan
Historic Center. There is no application fee for this certification.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval to apply for the Certified Local Government form the Michigan Historic Center and
for the Mayor to sign the cover letter.

COMMITTEE RECOMMENDATION:

None




8/3/2011
The Purpose of the Program
The National Historic Preservation Act of 1966 [PDF] was amended in 1980 to provide for a
federal-state-local preservation partnership. Grant funds were made available from the National
Park Service through the State Historic Preservation Offices for Certified Local
Governments (CLGs) to initiate and support historic preservation activities at the local level.

Since then, twenty-three Michigan local governments have become CLGs. Any municipality can
become a CLG: a county, a township, a large city or small village, or a town. By meeting a few
simple but important standards, a community may receive financial aid and technical assistance
that will enhance and promote historic neighborhoods and commercial districts. An active CLG
program can become an important planning vehicle for community development by identifying
specific preservation projects and applying for grants to carry out the projects. The SHPO
provides guidance for all units of government to initiate and develop such programs.

As of January 2011, the following Michigan communities are CLGs:

    •   Allegan
    •   Ann Arbor
    •   Battle Creek
    •   Bay City
    •   Birmingham
    •   Boyne City
    •   Canton Township
    •   Detroit
    •   East Lansing
    •   Farmington Hills
    •   Grand Rapids
    •   Holland
    •   Jackson
    •   Kalamazoo
    •   Lansing
    •   Mason
    •   Menominee
    •   Monroe
    •   Mount Clemens
    •   Rochester Hills
    •   Saline
    •   Washtenaw County
    •   Ypsilanti
Date:         August 9, 2011

To:           Honorable Mayor and City Commissioners

From:         Engineering

RE:           Consideration of Bids
              Parking Lot at L.C. Walker
________________________________________________________________________

SUMMARY OF REQUEST:

Authorize staff to enter into an agreement with Michigan Paving & Materials to
mill and resurface the northerly parking lot of L.C. Walker (between Shoreline Dr.
& L.C.) at a cost of $20,190.00 for all labor, material and equipment necessary to
perform the aforementioned work. Michigan Paving & Materials was the lowest
responsible bidder (see bid tabulation) out of the three contractors solicited to bid
on this project.

The bids are without prevailing wages and bonds but they are required to provide
general liability insurance naming the City as an additional insured.

FINANCIAL IMPACT:
The construction cost of $20,190.00 plus engineering cost which is estimated at
an additional 15%.

BUDGET ACTION REQUIRED:
This project, if approved, would have to be added to the 2011/2012 budget in a
future quarterly budget re-forecast.

STAFF RECOMMENDATION:

Authorize staff to enter into an agreement with Michigan Paving & Materials to
mill and resurface parking lot


COMMITTEE RECOMMENDATION:
Bid Tabulation to Pave the L.C. Walker's Parking Lot

Name                                  Price, L.Sump

Rieth-Riley Const. Co                           $22,709.55
Ada, MI

Michigan Paving & Materials                     $20,190.00
Grand Rapids, MI

Asphalt Paving                                  $20,498.00
Muskegon, MI
Date:     August 9, 2011

To:       Honorable Mayor and City Commissioners

From: Engineering
RE:       Engineering Services Agreement to upgrade Traffic Signal @
          Getty & Evanston


SUMMARY OF REQUEST:

Authorize staff to enter into an engineering services agreement with Progressive A/E to
perform the necessary design and preparation of specifications and construction
documents to upgrade the traffic signal at Getty & Evanston for a not to exceed fee of
$8,815.

Progressive is being recommended due to their familiarity with that traffic signal and
others in town.


FINANCIAL IMPACT:
Cost of surveying, design, specifications and construction engineering, $8,815.00. The
construction will be mostly covered by a CMAQ grant.



BUDGET ACTION REQUIRED:
None


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



COMMITTEE RECOMMENDATION:




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Comm agenda item eng
agreement-Progressive AE- 8-9-11.doc
                         AGENDA ITEM NO. ___________________

                  CITY COMMISSION MEETING ____________________



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       August 2, 2011

RE:         Burgess-Norton



SUMMARY OF REQUEST:
To approve a Memorandum of Understanding (MOU) with Burgess-Norton to provide access to
City property for environmental investigation purposes and to reimburse the City for irrigation
system costs.


FINANCIAL IMPACT:
Reimbursement of costs associated with irrigation systems and property access.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the MOU.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\BURGESS-NORTON 080211
Date:      July 26, 2011
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Encroachment Ordinance Amendment


SUMMARY OF REQUEST: This request is to amend Chapter 74,
Article V of the Code of Ordinances by adding sections 74-200 through
74-214.
Under the proposed ordinance all encroachments will expire August 31,
2011, and will require renewal on or before September 1st of each year.


FINANCIAL IMPACT: New proposed fees are $25 if an annual
inspection is not required and a $50 fee if an annual inspection is
required.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the ordinance amendment.
                                 CITY OF MUSKEGON
                             MUSKEGON COUNTY, MICHIGAN
                                 ORDINANCE NO. ____



THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:


1. Chapter 74, Article V of the Code of Ordinances of the City of Muskegon, Michigan
is amended by adding sections 74-200 through 74-214 to read as follows:

                              ARTICLE V. ENCROACHMENTS

         Sec. 74-200. DEFINITIONS.

                          The term ENCROACHMENT as used in this subchapter shall
                  mean any of the following which is located on, over, in or under any
                  roadway, sidewalk, alley or other public right of way: architectural
                  projection including belt course, planter, mansard, cosmetic wall covering,
                  roof cornice and wall buttress; awning; canopy; cellar entrance; coal hole;
                  fence; manhole; marquee; sidewalk elevator; step or stair; fire escape;
                  standpipe or sprinkler connection; sign; subgrade spread footing;
                  underground conduit, cables and/or wires (private); wall; loading dock,
                  platform or facility; hoistway opening; sidewalk vault; street vault;
                  elevated craneway or walkway; any device or object, or anything
                  specifically permitted by the Commission and designated by it as an
                  Encroachment subject to the provisions of the subchapter. The term
                  ENCROACHMENT as used in this subchapter shall not include overhead
                  electric and telephone lines, poles and appurtenances; underground
                  electric, telephone, gas and steam lines, together with tunnels and conduits
                  owned by a public utility, a public utility permitted by the City and for
                  which the utility company has agreed to hold the City harmless, or
                  monitoring wells or testing of soils or groundwater for environmental
                  purposes which are permitted by the City Commission and/or City
                  Engineer.

         Sec. 74-201. PERMITS REQUIRED.

                          It shall be unlawful for any person to erect, build, maintain or
                  relocate any Encroachment as defined in this subchapter, without first
                  obtaining a permit from the City Clerk or by Commission approval as
                  provided under Sec. 74-205, paying the permit fee as required under Sec.
                  74-206, and furnishing the necessary insurance certificate as defined under
                  Sec. 74-208, if applicable.


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
                                                                                                    1
Ordinance.DOC
         Sec. 74-202. APPLICATION FOR PERMIT.

                         Applications for Encroachment Permits (either existing or
                  proposed) shall be made on a form provided by the City Clerk and shall
                  include the following information:

                           (A)      Name, address, and telephone number of applicant;

                         (B)   Location and type of the existing or proposed
                  Encroachment, building to which attached or abutting lot which
                  Encroachment serves, or if not abutting a privately owned lot, the location
                  of Encroachment in street, alley or public way;

                          (C)    Blueprints or ink drawings showing the plans and
                  specifications of the proposed or actual Encroachment, if requested by the
                  City Clerk;

                          (D)     Such other information as the City Clerk shall require in
                  order to insure compliance with this subchapter and all other ordinances of
                  the City and laws of the State of Michigan.

         Sec. 74-203. ENCROACHMENT PERMIT CLASSIFICATIONS.

                          Upon receipt of an application for an Encroachment Permit, the
                  City Clerk shall determine whether or not such Encroachment, because of
                  its nature, shall or shall not require regular inspections due to public safety
                  and/or potential liability issues the Encroachment may present. Those
                  Encroachments not requiring routine inspections shall be graded Class I
                  Encroachments and those requiring routine inspections shall be graded
                  Class II Encroachments, and fees shall be set accordingly as defined in
                  Sec. 74-206.

         Sec. 74-204. EXISTING ENCROACHMENTS.

                         All existing Encroachment permit holders shall be required to
                  complete an application for permit as defined in Sec. 74-202, including
                  those permitted by special written agreement.

      Sec. 74-205. APPROVAL OF ENCROACHMENTS BY CITY.

                          (A)    It shall be the duty of the City Clerk to review the proposed
                  or actual Encroachment to ensure it does not pose an adverse affect to
                  public safety, inconvenience the public or interfere with public usage and
                  where appropriate, shall order any necessary repairs, alterations or
                  removal.


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
                                                                                                    2
Ordinance.DOC
                          (B)     When the Encroachment meets all the requirements of this
                  and any other ordinance of the City and the laws of the State of Michigan,
                  the City Clerk shall then issue an Encroachment Permit, provided the
                  applicant pays the required fee as defined in Sec. 74-206 and furnishes the
                  necessary Certificate of Insurance as defined in Sec. 74-208, if applicable.
                  In the event the City Clerk does not believe granting the Encroachment
                  Permit would be in the best interest of the City, the City Clerk may deny
                  the granting of a permit.

                         (C)      If the applicant does not concur with the decision of the
                  City Clerk either to make repairs, alterations or removal, or the City
                  Clerk’s decision to deny the application, the application shall be
                  transmitted to the City Commission for approval or disapproval. The
                  decision of City Commission shall be final.

      Sec. 74-206. PERMIT FEES.

                  Each applicant shall pay an application fee as provided in the Fee
                  Structure established by the City Commission.

               A separate permit and fee will be charged for each encroachment on any
      one parcel. Application fees are not prorated and are non-refundable. All permits
      for Encroachments now existing or issued prior to the effective date of this
      ordinance shall expire on August 31, 2011. All Encroachment Permits shall require
      renewal on or before September 1st of each year.

      Sec. 74-207. LATE PAYMENT PENALTY.

                Non-compliance of this Ordinance may result in additional fees as
      established by the City Commission.




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
                                                                                                    3
Ordinance.DOC
         Sec. 74-208. INSURANCE REQUIREMENT.

                 (A)     Prior to the issuance of any Encroachment Permit, the Licensed
         Inspector shall determine if such Encroachment may present possible claims for
         personal injury, bodily injury or property damage due to its nature, and as a result
         may require the applicant to provide proof of liability insurance in an appropriate
         amount by a company authorized and acceptable to do insurance business in the
         State of Michigan, specifically naming the City of Muskegon, its agents,
         employees and elected officials, as additional insured and loss payee for any such
         claims.

                (B)    In the event such proof of liability insurance is required, it shall be
         updated and provided to the City annually at the time of renewal.

         Sec. 74-209. INSPECTION.

                The City Clerk shall inspect, at such time as he or she deems necessary,
         each Encroachment Permit granted to determine whether it is in need of repair or
         removal, and the permit fee shall be deemed to cover the costs of this inspection
         whether inspection be made annually or at other intervals.

         Sec. 74-210. PERMIT REVOCABLE AT ANY TIME.

                 All rights and privileges acquired under the provisions of this subchapter
         or any amendment thereto are mere licenses, revocable at any time by the City
         Clerk or City Commission under the terms and provisions of this subchapter and
         all such permits shall contain this provision.

         Sec. 74-211. REMOVAL OF ENCROACHMENT UPON FAILURE TO
         APPLY FOR PERMIT, PAY PERMIT FEE, OR MAINTAIN LIABILITY
         INSURANCE.

                 Upon failure of any person to make application for an Encroachment
         Permit where required, to pay the permit fee or maintain liability insurance, if
         applicable, the City Clerk shall have the authority to remove said Encroachment
         immediately. Any item(s) confiscated pursuant to the provisions of this section
         shall be held by the City for a period of thirty (30) days. During the thirty (30)
         day holding period, the owner of said item may request the return of the item on a
         form provided by the City Clerk. The City Clerk shall check the inventory of
         confiscated items and if the item is found to be held by the City the applicant may
         pay a $25.00 recovery fee for each item held at which time the City Clerk shall
         return the item to the owner. After thirty (30) days have passed, the City Clerk
         may dispose of said item(s) either by disposal in an appropriate landfill or by sale.




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
                                                                                                    4
Ordinance.DOC
         Sec. 74-212. REMOVAL OF UNSAFE ENCROACHMENTS.

                 Any Encroachment which has become unsafe or presents a hazard to the
         general public by reason of deterioration, dilapidation, lack of repair or
         maintenance, interferes with any future city pusage of the area or city project, or
         any other cause which results in a limitation by the general public in its use of the
         public right-of-way, is hereby declared to be a public nuisance and shall be abated
         in the manner provided for removal of dangerous structures.

         Sec. 74-213. TEMPORARY ENCROACHMENTS.

                 Applications and permits for temporary or intermittent Encroachments
         shall be obtained in the same manner as applications and permits are obtained for
         permanent Encroachments.

         Sec. 74-214. DELEGATION OF AUTHORITY.

                 Wherever in this subchapter an act or duty is required to be performed by
         the City Clerk, said act or duty may be delegated by the City Clerk to any
         employee of the City.


2.       This Ordinance is to become effective ten (10) days after publication.


Ayes:

Nays:

First Reading:

Second Reading:




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
                                                                                                    5
Ordinance.DOC
                                             CERTIFICATE

        The undersigned, being the duly qualified Clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the ____ day of
_______________, 2011, at which meeting a quorum was present and remained
throughout, and that the meeting was conducted and public notice was given pursuant to
and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended,
and that minutes were kept and will be or have been made available as required thereby.

Date:_______________________, 2011


                                             ________________________________
                                                    Ann Marie Becker, MMC
                                                         City Clerk


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




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
                                                                                                    6
Ordinance.DOC
                                      CITY OF MUSKEGON
                                     NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED


        Please take notice that on ___________________, 2011, the City Commission of
the City of Muskegon adopted Chapter 74, Article V of the Muskegon City Code
concerning an Encroachment Ordinance, summarized as follows:

         1.       Section 74-200 provides a definition for this Ordinance.

       2.    Section 74-201 provides the requirement for a permit if an encroachment
on City owned property is going to be permitted.

       3.    Section 74-202 provides the requirements for an application for an
encroachment permit.

       4.      Section 74-203 provides for a classification f encroachment permits and
the need for regular inspections.

       5.     Section 74-204 provides for the requirement that existing encroachments
need to complete an application.

         6.       Section 74-205 provides for the approval process of encroachments.

         7.       Section 74-206 provides for fees requirement for an encroachment permit.

         8.       Section 74-207 provides for a late payment fee.

         9.       Section 74-208 provides for insurance requirement for encroachments.

         10.      Section 74-209 provides for inspections of encroachments.

         11.      Section 74-210 provides that encroachment permits are revocable at any
time.

       12.      Section 74-211 provides for the removal of an encroachment upon failure
to apply for a permit, failure to pay the fee or failure to maintain insurance.

         13.      Section 74-212 provides for the removal of unsafe encroachments.

         14.      Section 74-213 provides for temporary encroachments.

      15.     Section 74-214 provides for delegation of authority from the City Clerk to
any employee in the City.


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
                                                                                                    7
Ordinance.DOC
       Copies of the ordinance may be viewed and purchased at reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.

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

Published: _________________, 2011                              CITY OF MUSKEGON

                                                                By________________________
                                                                  Ann Marie Becker, MMC
                                                                  City Clerk

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




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\H62437-Encroachment
                                                                                                          8
Ordinance.DOC
         Commission Meeting Date:            August 12, 2011

Date:       August 4, 2011
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services Department
RE:         Approval of Sale of City-owned home at 1891 Wood


SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Ms. Crystal Cervantes for the totally rehabilitated home at
1891 Wood Street, which is part of the City’s Neighborhood Stabilization
Program (NSP) through the Michigan State Housing Development Authority
Office of Community Development. Ms. Cervantes purchase price is $50,000.
The beautiful three-bedroom, 2-bath home was previously vacant.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through NSP to sustain our current investments
to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
                   MUSKEGON CITY COMMISSION



        RESOLUTION TO APPROVE THE PURCHASE OF
   CURRENTLY CITY-OWNED PROPERTY AT 1891 WOOD STREET


WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;



WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;



WHEREAS, the City of Muskegon is dedicated              to   promoting
homeownership throughout its neighborhoods;



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 1891 Wood Street to Crystal D. Cervantes of 4268
W. 24th Street, Fremont. Ms. Cervantes will purchase the house as an
owner-occupied structure.

Adopted this 9th day of August, 2011.

Ayes:

Nays:


                          By ______________________________
                             Stephen J. Warmington, Mayor


                          By ______________________________
                             Ann Marie Becker, MMC City Clerk
AM_Resolution
                          AGENDA ITEM NO. ___________________

                   CITY COMMISSION MEETING ____________________



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       August 2, 2011

RE:         Great Lakes Die Cast Financing Subordination



SUMMARY OF REQUEST:
Great Lakes Die Cast has a loan with the City and has asked that the City give up its lien on the
company’s receivables so it can re-finance with Wells Fargo.


FINANCIAL IMPACT:
This impacts our security.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To continue the lien and subordinate the loan to the refinancing with Wells Fargo, and authorize
the Mayor and Clerk to execute necessary documents. This is acceptable to the company.



COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\GREAT LAKES DIE CAST FINANCING SUBORD 080211

Top of Page