City Commission Packet 11-07-2011

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   CITY OF MUSKEGON
      CITY COMMISSION MEETING
                          NOVEMBER 7, 2011
 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. Budgeted Equipment Purchase. PUBLIC WORKS
    C. Construction Engineering Agreement with Dixon Engineering for Roberts
       and Marshall Elevated Tanks (W-730). ENGINEERING
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
    A. SECOND  READING:   Vacant  Building Registration                                           Ordinance
       Amendment. PLANNING & ECONOMIC DEVELOPMENT
NEW BUSINESS:
    A. Special Events               –     “Love       Notes”.           PLANNING              &   ECONOMIC
       DEVELOPMENT
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
 Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD: dial 7-1-1 and request a representative to dial (231) 724-6705.
Date:     November 7, 2011
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Cummings, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST:             To approve minutes of the City
Commission Meeting that was held on Tuesday, October 25, 2011.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 25, 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, Michigan at 5:30 p.m., Tuesday, October 25,
2011.
   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 Clara Shepherd, Lawrence Spataro, Sue Wierengo, and Chris
Carter, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Cummings.
   Absent: Commissioner Steve Wisneski (excused)
2011-77 HONORS AND AWARDS:
      A. 2011 Employee Service Awards.
Mayor Warmington introduced the City employees.              The Mayor and
Commissioners thanked them for their years of service.
2011-78 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the October 10th Commission
Worksession Meeting and the October 11th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Change in the Income Guidelines for CDBG Emergency Repair and
         HOME Weatherization. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community & Neighborhood Services to
change the Income Guidelines for all CDBG programs and HOME
Weatherization programs to 60% Area Median Income (AMI).


                                      1
CDBG and HOME Weatherization programs are similar in regard to repairs
provided with grant funds. It will benefit if staff provides a uniform income
calculation range for each of our programs: Emergency Repair, Weatherization
and Vinyl Siding.
FINANCIAL IMPACT: We have moved all senior head of households to the
Weatherization program in order to accommodate any additional families
between 50-60% AMI.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The proposal has already been approved by
the Citizen’s District Council at their October 4, 2011, meeting.
        C. To Impose an Upfront Fee for the CDBG Emergency Repair Program.
           COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
charge an upfront fee of $250 for all Emergency Repair Program recipients
who’s Area Median Income (AMI) is above 50% up to and including 60% AMI.
We can assist our underserved families in need of assistance if we increase the
income requirement to 60% AMI. The additional number of families that we
service between 50-60% AMI will contribute to our funding pot by $250 per
family.
FINANCIAL IMPACT: This will produce program income for the CDBG Emergency
Repair program.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The proposal has already been approved by
the Citizen’s District Council at their October 4, 2011, meeting.
        D. Moratorium on Fees for 2012 Vacant Buildings.          PLANNING &
           ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to approve a moratorium on fees charged to
owners of vacant buildings that are entering their fourth year billing cycle in
2012. Eligibility requirements for the moratorium of fees charged are proposed
with some minor changes to criteria three, but intended to apply only to
buildings in their fourth year billing cycle. Waivers would be determined based
on the criteria included on the staff memo.
FINANCIAL IMPACT: Exact amount unknown but should be minimal.
BUDGET ACTION REQUIRED: None.
STAFF     RECOMMENDATION:         Staff recommends     approval    of   a   fee

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moratorium for vacant building invoices meeting the approved criteria.
      E. Donation Programs for 2011 Individual Income Tax Returns. INCOME
         TAX
SUMMARY OF REQUEST: Approval of multiple donations programs for the 2011
income tax returns. Every year our goal is to increase the number of refunds
donated to our designated programs. Last year, 480 taxpayers donated their
refunds to our donation programs for a grand total of $2,696.
For 2010 the three donation programs are Lakeshore Trail Improvements,
Muskegon Recreational Center, and the Downtown Main Street.
FINANCIAL IMPACT: The average amount collected each year is $2,100. Each
donated refund saves the City approximately $1.25 in checks, fees and
postage.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval recommended.
      F. Extension of Temporary Employment Services Agreement.            CITY
         MANAGER
SUMMARY OF REQUEST: To approve a one-year contract extension with Beacon
Services, Inc. for temporary employment services. The current agreement
expires at the end of the year and has an option for a one-year extension.
FINANCIAL IMPACT: Costs for services are budgeted by individual departments.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement with Beacon Services,
Inc. and authorize the City Manager and City Clerk to execute it.
      G. Payrolling Services Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement for Beacon Services, Inc. to
provide payrolling services to the City. This enables Beacon to be the employer
of record for employees assigned to the City.
FINANCIAL IMPACT: Costs are budgeted by individual departments.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement with Beacon Services,
Inc. and authorize the City Manager to execute it.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Consent Agenda as presented.
ROLL VOTE: Ayes:   Spataro, Warmington, Wierengo, Carter, Gawron, and
           Shepherd



                                      3
            Nays: None
MOTION PASSES
2011-79 NEW BUSINESS:
      A. Approval of Sale of City-Owned Home at 1201 Ransom. COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services department to complete the sales transaction
between Mr. Andre Coffee for the totally rehabilitated home at 1201 Ransom
Street, which is part of the City’s Neighborhood Stabilization Program through
the Michigan State Housing Development Authority Office of Community
Development. Mr. Coffee’s purchase price is $61,000. This historic three-
bedroom, 2-1/2 bath home was previously foreclosed.
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 1201 Ransom to Mr. Andre Coffee.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
           Spataro
            Nays: None
MOTION PASSES
      B. Approval of Sale of City Owned Home at 1581 Division. COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services department to complete the sales transaction
between Mr. Robert A. Mathis for the totally rehabilitated home at 1581 Division
Street, which is part of the City’s HOME Infill Program through the U. S.
Department of Housing and Urban Development. Mr. Mathis’ purchase price is
$62,700. This beautiful four-bedroom, 3-bath home was bought through HUD’s
$1 program.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.


                                       4
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the sale of the City-owned home at 1581 Division to Robert A. Mathis.
ROLL VOTE: Ayes:   Wierengo,      Carter,   Gawron,   Shepherd,   Spataro,   and
           Warmington
            Nays: None
MOTION PASSES
      C. Vacant Building Registration Ordinance Amendment.         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 purposes of adding a two-year waiver for properties that are in probate,
being actively rehabbed so it may be occupied, or while a home appears to be
occupied but is vacant by definition with proof of each being supplied by the
property owner and the property may not be cited by any City department and
all fees owed to the City are paid.
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, for
the purposes stated.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the vacant building registration ordinance amendment.
ROLL VOTE: Ayes:   Carter, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES (REQUIRES SECOND READING)
      D. Transmittal of 6/30/11 Comprehensive Annual Financial Report.
         FINANCE
SUMMARY OF REQUEST: The City’s June 30, 2011 Comprehensive Annual
Financial Report (CAFR) has previously been distributed to City Commissioners
via both email and hard copy. The CAFR is also available on the City’s website
at www.shorelinecity.com. This audit covers the first full twelve-month fiscal
period since the City changed its fiscal year from a 12/31 to a 6/30 end date. At
this time the CAFR is being formally transmitted to the Commission in
accordance with state law. The CAFR has been prepared in accordance


                                       5
with GASB accounting standards. The CAFR also includes the single-audit of
federal grants received by the City.
FINANCIAL IMPACT: The CAFR report summarizes the City’s financial activities for
the year and includes the independent auditor’s unqualified opinion on the
City’s financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        Acceptance of the CAFR for the period ended
6/30/11.
Motion by Vice Mayor Gawron, second by Commissioner Carter to accept the
Comprehensive Annual Financial Report for the period ended June 30, 2011.
ROLL VOTE: Ayes:   Carter, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      E. First Quarter 2011-12 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2011-12
Budget Reforecast which outlines proposed changes to the original budget that
have come about as result of changes in revenue projections, policy priorities,
labor contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: Specific proposed changes to the budget include:
   • The beginning fund balance for the General Fund is $4,511,382 (as
     audited) up from $4,187,864 estimated at the time the budget was
     prepared;
   • Overall the general fund revenue reforecast is 2% higher than originally
     budgeted. The increase is mostly attributable to the following changes:
     * Increase in estimated income tax revenues from $6.5 to $6.6 million
        based on recent collection figures and trends;
     * Increase in state shared revenue estimate from $3.05 million to $3.425
        million based on the City’s expected compliance with the EVIP
        program and the most current revenue projection data available from
        the state;
   • Expenditures at this point are generally on target with original budget
     projections. However, two notable changes are proposed:
     * The Assessing Services budget is recommended to increase $50,000 to
        cover costs for outside expertise and assistance with complex, high
        value tax appeals;
     * An unbudgeted transfer of $75,000 to the Engineering Services fund is
        recommended to erase a fund deficit that has now persisted for
        several years.


                                       6
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the First Quarter 2011-12 Budget Reforecast.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
            Nays: None
MOTION PASSES
      F. Consideration of 2012 COLA for Retirees. FINANCE
SUMMARY OF REQUEST: It is time to consider whether an annual cost of living
adjustment (COLA) should be awarded to city retirees. Under the City’s COLA
program, permanent cost of living increases are made to pensioners retired five
years or more. COLA payments are capped at 75% of the CPI and are payable
only when investment performance exceeds estimates and the COLA is
deemed affordable. The last COLA increase was in 2009, when a 0.50% COLA
was granted.
The actuary has computed the cost of a 1% COLA adjustment as follows:
          Group                       Cost
          Eligible General Retirees   $21,456
          Eligible P&F Retirees       $53,280


The City’s retirement system remains financially sound but continues to feel the
impact of the collapse of the financial markets in late 2008. The most recent
annual actuarial valuation contains this important warning:
“The actuarial value of assets (funding value), used to determine both your
funded status and your required employer contribution, is based on a 10-year
smoothed value of assets. Only a portion (three-tenths, for 2008, 2009, and 2010)
of the 2008 investment market losses were recognized in this actuarial valuation
report. This reduces the volatility of the valuation results, which affects your
required employer contribution and actuarial funded percentage.
As of December 31, 2010 the actuarial value of assets is 116% of market value
(down from 125% in 2009). This means that meeting the actuarial assumption in
the next few years will require average annual market returns that exceed the
8% investment return assumption. If the December 31, 2010 valuation results
were based on market value on that date instead of 10-year smoothed funding
value: i) the funded percent of your entire municipality would be 86%

                                       7
(instead of 100%); and ii) your total employer contribution requirement for the
fiscal year starting July 1, 2012 would be $3,629,328 (instead of $1,012,440). If the
investment markets do not fully make-up for the 2008 losses, employer
contribution requirements may rise. ”
Given the above and the numerous other financial challenges facing the City,
staff does not believe it is prudent to commit to an additional long-term cost at
this time. Therefore, it is recommended no retiree COLA be awarded for the
year beginning January 1, 2012.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Commission action affirming staff’s recommendation
that no retiree COLA increase be granted for 2012.
Motion by Vice Mayor Gawron, second by Commissioner Carter to affirm staff’s
recommendation that no retiree COLA increase be granted for 2012.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, and
           Gawron
             Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington introduced County Commissioner Ben
Cross who stated the proposed lease agreement that could eventually lead to
construction of a wind farm on Muskegon County’s wastewater site was
approved.
Mayor Warmington recognized and thanked Finance Director Tim Paul for 26
years of dedicated service to the City of Muskegon.
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:15 p.m.


                                             Respectfully submitted,




                                             Ann Marie Cummings, MMC
                                             City Clerk




                                         8
Date:       11/7/2011
To:         Honorable Mayor and City Commission
From:       Equipment Division
RE:         Budgeted Equipment Purchase




SUMMARY OF REQUEST: Authorize staff to purchase one (1) 2012 full size
Ford F-150 4X4 pick-up truck for fleet replacement from Vanderhyde Ford who
was the lowest responsible bidder. See bid tabulation. This vehicle will replace
Water Dept. truck # 30582 (2003).


FINANCIAL IMPACT: $ 22,085.00 Equipment Fund




BUDGET ACTION REQUIRED: None; the price of this truck is within the
amount budgeted.


STAFF RECOMMENDATION: Authorize staff to purchase one (1) 2012 Ford
F-150 4X4 pick-up from Vanderhyde Ford.
                                                 Bids for New Half Ton Truck (4X4)

                                           Vendor   Vanderhyde Ford          Fremont Ford           Sparta Chevy
                                 Telephone Number     (616)696-1541          (231)924-3200          (616)887-1791
                                        Quoted By      Bernie Beier           Doug Blamer        Scott VanderWoude
LINE         DESCRIPTION          UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
       One(1) Half Ton Pick-up          One (1)                $22,085.00             $23,600.00             $27,643.00
       Truck 4X4




       TOTAL BID                                                 $22,085.00           $23,600.00             $27,643.00
Date:        October 7, 2011

To:          Honorable Mayor and City Commissioners

From:        Engineering

RE:          Construction Engineering Agreement With:
             Dixon Engineering for Roberts and Marshall
             Elevated Tanks (W-730)
________________________________________________________________________

SUMMARY OF REQUEST:

Authorize staff to enter into engineering services agreement with Dixon
Engineering for a total cost of $30,860.00 to perform the necessary inspection on
the painting of the Marshall & Roberts elevated tanks. Dixon is being
recommended since they were designer on this project.

FINANCIAL IMPACT:
The contract cost of $30,860.00

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
Authorize staff to enter into an engineering service agreement with Dixon
Engineering.

COMMITTEE RECOMMENDATION:
                Commission Meeting Date: October 25, 2011



Date:          October 14, 2011
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development
RE:            Vacant Building Registration Ordinance Amendment


SUMMARY OF REQUEST:

Request to amend the Code of Ordinances Chapter 10, Section 107, Annual Registration of
Vacant Buildings and Registration Fees, for the purposes of adding a two-year waiver for
properties that are in probate, being actively rehabbed so it may be occupied, or while a home
appears to be occupied but is vacant by definition with proof of each being supplied by the
property owner and the property may not be cited by any city department and all fees owed to
the city are paid.

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, for the purposes stated.

COMMITTEE RECOMMENDATION:
None




10/20/11                                                                                     1
       Vacant Building Ordinance changes


1. (6) Two-year waiver.
              (iii.)   Upon application by the homeowner(s) or a legal
                       representative(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 due to property being in
                       probate court, being actively rehabbed to city code so it
                       may become occupied or the structure is in good repair
                       and has the presence that the structure is not vacant (per
                       zoning code for allowable uses), and free of any
                       enforcement actions by city departments. Should the
                       structure or property not be properly maintained or in
                       violation of city code, the waiver may be revoked by the
                       appeal committee.
Sec. 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.
             (B)     Exterior maintenance and major systems: The phrase “exterior
                     maintenance and major systems” shall mean the safe and lawful
                     maintenance of the façade, 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 subsection
                     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)    Seasonal Residence: A legal residential structure that has been
             used as a residence by the owner for a period of at least three
             consecutive months within the previous nine months and the
             same owner intends to resume residing at the property. A non-
             owner occupied home does not qualify as a Seasonal Residence.
      (G)    Vacation Home: A secondary legal residential dwelling used by
             the owner or one or more immediate member of the owner’s
             family, such as a son or daughter, for a period less than three
             consecutive months out of the previous nine months but still has
             verifiable occupancy periods spread throughout the year. If the
             home is rented or leased it does not qualify as a Vacation Home.
      (H)    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.
(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 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 annually 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 or the home is a
      qualified vacation home or seasonal residence, 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 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 annually 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 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 all taxes and fees, such as, but not
      limited to, property taxes, mowing charges, past vacant building
      registration fees, landlord registrations, business registrations, utilities
      and any other applicable charges have been paid prior to application for
      the waiver. 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 (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 not be properly maintained
                      or in violation of city code, the waiver may be revoked by
                      the appeal committee.
             (iii.)   Upon application by the homeowner(s) or a legal
                      representative(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
                      due to property being in probate court, being actively
                      rehabbed to city code so it may become occupied or
                      the structure is in good repair and has the presence
                      that the structure is not vacant (per zoning code for
                      allowable uses), and free of any enforcement actions
                      by city departments. Should the structure or property
                      not be properly maintained or in violation of city code,
                      the waiver may be revoked by the appeal committee.
(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. Except that valid seasonal residence or
       vacation home, as defined by the ordinance, are not required to notify the city of
       changes in occupancy status.
(d)    Exceptions. The fees imposed by this section shall not apply to any legitimate
       vacation or seasonal residence, as defined by this ordinance, or any building
       owned by the United States, the state, the city, nor to any of their respective
       agencies or political subdivisions but registration of all structures outlined in this
       section 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 nor more than
       $500 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 is imposed, it shall not be subject to suspension or
       reduction for any reason.
(Ord. No. 2240, 1-8-2008; Ord. No. 2256, 12-9-2008; Ord. No. 2260, 7-14-2009; Ord.
No. 2276, 4-27-2010)

Secs. 10-108 --10-130. Reserved.
        Commission Meeting Date: November 7, 2011




Date:      October 24, 2011
To:        Honorable Mayor & City Commission
From:      Planning & Economic Development Department
RE:        Special Events- “Love Notes”


SUMMARY OF REQUEST: The Community Foundation, in
celebration of its 50th year, provided $3,000 for six, $500 “Love
Notes” mini-grants to individuals, businesses and organizations in the
community. The idea for “love notes” was generated from a
workshop conducted by consultant Peter Kageyama, which was
attended by community members, including several representatives
from the City of Muskegon. The winners were decided through the
Foundation’s Facebook page. Since some of the “love notes” may
require a Special Event permit, staff is requesting that the permit fee
be waived for the first year of the “event”, as a gesture of the City’s
partnership in this creative (and fun) endeavor. However, if any City
services are required, there may be a charge for those services.
FINANCIAL IMPACT: The special event permit application fee will be
waived, resulting in a loss of $50.00 per permit required (not all “love
notes” will require a permit), for the first year of the event.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To allow a fee waiver for any “love notes”
that require a special event permit for the first year of the event.
Literary Landmark—Friends of the Hackley Public Library 

Caldecott Award‐winning author Verna Aardema called Hackley Li‐
brary “home.”  This earned the library the distinction of becoming a 
Literary Landmark (there are only 7 in the state!) . This love note will 
fund a celebration—and plaque dedication—in Honor of the library’s 
achievement. 

 

Movies on the Beach—Kerry L. Halloran and Cindy Beth Davis‐
Dykema 

Moonlight Movies on the Beach!  Bring your beach chairs, blankets, 
picnic basket, & popcorn to the shores of Lake Michigan.  This FREE 
family even will be held twice a month from June—August.  Enjoy a 
family favorite or old classic under the stars! 

 

“White Lake Love” Public Art at the Playhouse—Howmet Playhouse 

Children from the White Lake area will create clay tiles illustrating 
their favorite part of living in White Lake...and these tiles will form a 
colorful mural for all to see in front of the Howmet Playhouse.  
Whitehall Artist Cara O’Brien will glaze and fire the tiles, and create 
and install the mural. 

 

Play it Forward—Kenneth Johnson 

Think this sculpture is cool?  Imagine a party to raise $$ to make it a 
reality in downtown Muskegon!  Local bands will pull together to 
celebrate Muskegon’s contribution to snowboarding, as well as 
showcase the tremendous talent of our local musicians.  What an 
inspiration! 

 

Linenbottom and His Amazing Wowsical Traveling Show—Love 
Community Garden 

Linenbottom and his posse are rehearsed and ready to show up on a 
street corner near you—but we need a ride!  This love note will make 
the show mobile, hooking his stage to a bike for easy transport.  All 
shows are free—but Linenbottom does appreciate carrots! 

 

Lakeside Community Pocket Park— Lakeside Neighborhood Assoca‐
tion/Lakeside District Association 

Started in summer of 2010, this little park features planter boxes, a 
new fence, and native plants. We are looking to start a sidewalk and 
patio area, and need your help!  

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