REGULAR MEETING OF THE PORT HURON CITY COUNCIL …

REGULAR MEETING OF THE

PORT HURON CITY COUNCIL

Monday, November 9, 2015 7:00 PM Public Meeting Room

Updated 11/11/2015 3:06 PM

Municipal Office Center

100 McMorran Blvd.

Port Huron, MI 48060

810-984-9725

www.porthuron.org

Minutes

A. CALL TO ORDER –

Mayor Pauline M. Repp called the meeting to order at 7:00 PM

B. ROLL CALL –

PRESENT: Repp, Archibald, Amos, Ashford, Harris, Lewandowski (left at 9:15 pm), Ruiz

C. MINUTES –

1. City Council - Regular Meeting - Oct 26, 2015 7:00 PM

RESULT: ACCEPTED AS SUBMITTED [UNANIMOUS]

MOVER: Anita R. Ashford, Councilmember

SECONDER: Sherry L. Archibald, Mayor Pro-Tem

YES: Repp, Archibald, Amos, Ashford, Harris, Lewandowski, Ruiz

D. PRESENTATIONS –

1. Nancy Winzer, Parks and Recreation Director, and Whitney Currah, Recreation

Coordinator, gave a presentation on their Christmas Socks for Soldiers program.

E. PUBLIC COMMENT –

Names listed below have been grouped together and may not be shown in the order in

which they spoke.

1. The following twenty-six (26) individuals spoke in support of the Port Huron Minor

Hockey Association proposal to purchase the McMorran Pavilion:

Scott Farquhar (Port Huron); Edward McGrath (Port Huron); Brock Bloink (Port

Huron Township); Caden Dove (Marysville); Caden Henry (Port Huron

Township); Steven Fleet (Port Huron); Jordon Wellington (Port Huron

Township); Francis Hoffman III (Greenwood Township); Randy Willis (Port

Huron); Kris Pettengill (Kimball); Collin Moore (Fort Gratiot); Brandon

McNamee (Fort Gratiot); Brian Farquhar (Port Huron); Pat Cruickshank

http://www.porthuron.org/

Monday, November 9, 2015 Port Huron City Council - Regular Meeting Minutes Page 2

Updated 11/11/2015 3:06 PM

(Marysville); Robert Matthews (Fort Gratiot); Betty Prevost (Port Huron); Cyrus

Bridge (Grant); Sean Orr (Fort Gratiot); Eric Beauchamp (Port Huron Township);

Erik Parker (Marysville); Jason Ellis (Clyde); James McPhee (Marine City); Bob

Crosby (Port Huron); Scott Worden (Port Huron); Michelle VanBuskirk (North

Street); and Amy Dove (Marysville).

2. The following two (2) individuals spoke in support of the St. Clair County Community

College proposal to purchase the McMorran Pavilion:

Gerald Palmateer (Port Huron); and Don Fletcher (representing Blue Meets Green

and 32 community leaders).

3. The following two (2) individuals commented about finding a better solution to selling

the McMorran Pavilion:

Bob Hunckler (SC4 professor) and Dave Heyboer (Burtchville).

4. Michelle Mills, Port Huron, commented the City should either extend the two-week

notice individuals have to pay their water bills or decrease the penalty charged for late

payments.

AT THIS POINT, Council recessed at 8:25 p.m. and reconvened at 8:30 p.m.

F. CONSENT AGENDA –

1. Agenda items marked with an asterisk (*) were adopted by one motion with no separate

discussion.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Sherry L. Archibald, Mayor Pro-Tem

SECONDER: Anita R. Ashford, Councilmember


G. FROM THE CITY MANAGER –

1. FCM #15-057: Approving an amendment to the 2014-2015 budget to provide for year-

end transfers.

RESULT: ADOPTED [UNANIMOUS]




2. FCM #15-058: Accepting the recommendation from the McMorran Civic Center

Authority and the City Manager to convey ownership of the McMorran Pavilion to St.

Clair County Community College, contingent upon a mutually acceptable purchase

agreement, with final approval by the City Council.


Updated 11/11/2015 3:06 PM

RESULT: ADOPTED [5 TO 2]


SECONDER: Rico A. Ruiz, Councilmember

YES: Repp, Archibald, Ashford, Harris, Ruiz

NO: Amos, Lewandowski

AT THIS POINT (9:15 p.m.), Councilmember Lewandowski left the meeting.

3. FCM #15-059: Accepting the bid from S. A. Torello, Inc., in the amount of $9,600.00

for Class II sand to be delivered to 1808 Bancroft Street.




YES: Repp, Archibald, Amos, Ashford, Harris, Ruiz

ABSENT: Lewandowski

4. FCM #15-060: Accepting the bid from Johnson Controls, Inc., in the amount of

$50,080.65 for the rehabilitation of the chiller at the Municipal Office Center.





ABSENT: Lewandowski

5. FCM #15-061: Accepting the bid from Gorno Ford in the amount of $27,070.00 for

one 2016 Ford Interceptor utility vehicle for use by the Police Department, in

accordance with the State of Michigan MIDEAL purchasing program, with partial

funding anticipated from insurance reimbursement for the non-depreciated value of

another patrol vehicle involved in an accident.





ABSENT: Lewandowski


Updated 11/11/2015 3:06 PM

H. RESOLUTIONS –

1. RES #15-129: Authorizing seventeen (17) payments.


MOVER: Alphonso D. Amos, Councilmember



ABSENT: Lewandowski

2. RES #15-130: Accepting the single-source quote from Wonderware North (Q-mation)

in the amount of $20,630.00 to upgrade the Wastewater Treatment Plant SCADA

software and approving the agreement with Tetra Tech, Inc., to provide specialized

computer programming services to install and program the upgraded software.



SECONDER: Alphonso D. Amos, Councilmember


ABSENT: Lewandowski

3. RES #15-131: Approving the agreement with BMJ Engineers & Surveyors, Inc., for

professional engineering and surveying services for the River Street Marina

maintenance dredging project for the years 2016 through 2020.





ABSENT: Lewandowski

* 4. RES #15-132: Confirming and approving single lot special assessments for the cost of

sidewalk replacement in the right-of-way.

RESULT: ADOPTED BY CONSENT [UNANIMOUS]





Updated 11/11/2015 3:06 PM

* 5. RES #15-133: Confirming and approving single lot special assessments for fines,

assessments and/or the cost of removing blight, blighting factors and/or causes of blight,

as well as the abatement of nuisances.





* 6. RES #15-134: Approving the scheduling of public hearings for November 23, 2015, to

hear comments on Code Case #14-014 (930 Court Street) and Code Case #15-002 (1902

- 23rd Street) to determine whether they constitute a nuisance as defined by the Port

Huron City Code.





I. ORDINANCES –

* 1. ORD #15-011: SECOND READING AND ENACTMENT. An ordinance to amend

Chapter 10, Buildings and Building Regulations, Article V, Rental Certification, of the

Port Huron Code of Ordinances for the purpose of including blight violation notices in

Sections 10-153 and 10-169.

RESULT: 2ND READING/ENACTED BY CONSENT

[UNANIMOUS]




J. ADJOURNMENT –

On Motion, the meeting was adjourned at 9:25 PM

________________________________________

Susan M. Child, CMC

City Clerk

Submitting Dept: Finance FCM #15-057 November 9, 2015

FCM #15-057

Approving an amendment to the 2014-2015 budget to provide for year-end transfers.

FROM THE CITY MANAGER: Plante and Moran, Certified Public Accountants, are nearing completion of the City’s annual audit for the 2014-2015 fiscal year. Both the Michigan Uniform Accounting and Budget Act and the City Charter provides that the City Council may make supplemental appropriations and may transfer an unencumbered balance, or portion thereof, from one activity center, department or fund to another. It is recommended that the budget for the 2014-2015 fiscal year be amended by adjusting the means of financing and adjusting the estimated requirements for the following funds: As currently Per Proposed Increase Adopted Amendment (Decrease) GENERAL FUND Means of financing: Estimated designated fund balance $ 231,777 $ 231,777 $ Property taxes 6,510,000 6,510,000 Income tax 6,030,000 6,330,000 300,000 Business licenses and permits 345,000 345,000 Nonbusiness licenses and permits 275,000 275,000 Grants 400,000 400,000 State shared revenues 3,450,000 3,450,000 Charges for services 875,000 875,000 Fines and forfeits 145,000 145,000 Investment income 70,000 70,000 Rents 370,000 370,000 Sale of assets 180,000 180,000 Charges to other funds 2,077,499 2,077,499 Transfer from other funds 435,000 435,000 $ 21,394,276 $ 21,694,276 $ 300,000 Estimated requirements: General government $ 3,201,048 $ 3,201,048 $ Public safety 12,863,728 12,891,728 28,000 Public works 2,142,315 2,142,315 Senior citizens 2,000 2,100 100 Recreation, parks and culture 2,459,171 2,459,071 (100) Other functions 422,714 394,714 (28,000) Public improvements 300,000 300,000 Transfer to other funds: Insurance and Fringe Benefit fund 300,000 300,000 Beautification fund 3,300 3,300 $ 21,394,276 $ 21,694,276 $ 300,000

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Submitting Dept: Finance FCM #15-057 November 9, 2015

As currently Per Proposed Increase Adopted Amendment (Decrease) INSURANCE AND FRINGE BENEFIT FUND Means of financing: Estimated designated fund balance $ 770,000 $ 470,000 $ (300,000) Charges for services 10,500,000 10,500,000 Transfer from other funds: General fund 300,000 300,000 $ 11,270,000 $ 11,270,000 $ 0 Estimated requirements: Ordinary recurring expenses $ 11,270,000 $ 11,270,000 $ 0

RESULT: ADOPTED [UNANIMOUS] MOVER: Anita R. Ashford, Councilmember



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Submitting Dept: City Manager FCM #15-058 November 9, 2015

FCM #15-058

Accepting the recommendation from the McMorran Civic Center Authority and the City Manager to

convey ownership of the McMorran Pavilion to St. Clair County Community College, contingent

upon a mutually acceptable purchase agreement, with final approval by the City Council.

FROM THE CITY MANAGER:

During the summer of 2015, proposals were received from the Port Huron Minor Hockey

Association and the St. Clair County Community College to purchase the McMorran Pavilion. Both

entities made presentations regarding their proposals to the McMorran Civic Center Authority and the

Port Huron City Council. In addition, the McMorran Authority hired the firm of Brailsford & Dunlavey

to do an independent review of the proposals and to provide a financial impact analysis and

recommendation. The McMorran Civic Center Authority has recommended the City should pursue the

purchase proposal from St. Clair County Community College.

Ultimately, the final decision for the transfer of the McMorran Pavilion rests with the Port Huron

City Council. It is the recommendation of both the McMorran Authority and the City Manager that the

City Council accept the proposal from St. Clair County Community College, subject to a mutually

acceptable purchase agreement. The intent is not to transfer ownership of the McMorran Pavilion until

the end of March 2016, to allow for the January Silver Stick Hockey Tournament and for the

continuation of the current agreement with the Port Huron Minor Hockey Association.

It is hereby recommended to convey ownership of the McMorran Pavilion to St. Clair County

Community College, contingent upon a mutually acceptable purchase agreement, with final approval by

the City Council.

RESULT: ADOPTED [5 TO 2] MOVER: Anita R. Ashford, Councilmember


YES: Repp, Archibald, Ashford, Harris, Ruiz

NO: Amos, Lewandowski

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McMorran Pavilion Executive Summary Review and Recommendation

November 3, 2015

Office of the City Manager, Chief Administrative Officer

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November 3, 2015 Mayor Repp and City Council, For the last several months there has been much discussion regarding the future of the McMorran Place Sports and Entertainment Center (McMorran). Specifically, the future of the Pavilion. The McMorran Civic Center Authority (Authority) has been presented with two proposals for consideration, both present opportunities and challenges. The Authority has spent the last several months working with an outside firm to conduct the due diligence process. I will not attempt to recreate the excellent work they have completed. However, I do hope to provide some candid discussion, thoughts and recommendations for your consideration. Let’s first discuss what has led us to this crossroad. For more than 50 years, the McMorran has served our community well, the Authority has done an excellent job managing the day-to-day operations. Through the hard work and dedication of the McMorran staff, the facilities have been able to stay operational given the remarkably limited amount of capital improvement dollars the City has been able to contribute in comparison to the level and scope of needed capital improvement projects. To be frank, the McMorran donated more than 50 years ago to the City has changed very little. No major capital improvement projects that would alter operations or market position have been completed. Beyond typical repairs and maintenance, no major noticeable physical changes have taken place. The City funds McMorran through our General Fund, which is unrestricted dollars collected via taxes. Unlike Water, Sewer and Street funds which are restricted for certain purposes per State law and City Charter. This same fund pays for Police, Fire and Parks and Recreation. The difficulty in this funding structure is that these dollars are very limited. In fact, the General Fund was only balanced this fiscal year because we reduced costs by more than $1.2 million in the last 20 months. Rising healthcare and legacy costs are continuing to put pressure on this fund. For every dollar that funds McMorran is one less dollar we have to fund the other functions of government and essential services. Our budget revenues must balance with expenses. The difficult reality is that our resources are limited. All operational and capital improvement needs of McMorran are a liability to the General Fund. The City is the owner of McMorran and therefore the City is responsible for the future funding needs of McMorran.

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Facing declining revenue, events and usage, the Authority commissioned Brailsford & Dunlavey to conduct a Strategic Feasibility and Improvement Study & Plan for the McMorran Main Arena, Pavilion and Auditorium (Strategic Plan). The Strategic Plan was completed in May 2013 and is attached to this report as Exhibit 1. As part of a voluminous amount of recommendations for the Authority operations, the Strategic Plan called for the repurposing and market repositioning of the McMorran Pavilion into a multi-purpose athletic arena and field house. On June 12, 2015, the City of Port Huron received a Letter of Intent from St. Clair County Community College (SC4) in regard to their desire to acquire ownership of the McMorran Pavilion for their campus operations and collegiate athletic program (Exhibit 2.). On June 26, 2015, the City of Port Huron also received a Letter of Intent from the Port Huron Minor Hockey Association (Hockey Association) expressing their desire to acquire ownership of the pavilion for their ongoing hockey operations (Exhibit 3.). In July 2015, the Authority commissioned the firm Brailsford & Dunlavey to review three proposals and make a recommendation to the Authority. The firm reviewed and assessed the proposals based on operational, financial and economic impact. Summary of proposals reviewed:

1. Transfer ownership of the Pavilion to St. Clair County Community College (SC4) for a purchase price of $1 with $3,000,000 committed in capital improvements to repurpose the Pavilion into a multi-purpose athletic field house. This would allow SC4 to use the location of their current gym for a new $12,000,000 allied healthcare educational facility (Exhibit 4.).

2. Transfer ownership of the Pavilion to the Port Huron Minor Hockey Association for the purchase price of $100,000 with about $415,000 of committed capital improvements to maintain the primary use of the Pavilion for hockey (Exhibit 5.).

3. Do nothing. Brailsford & Dunlavey delivered the findings of their review and assessment to the Authority on October 7, 2015. That report is attached as Exhibit 7. In summary, they recommended transferring ownership of the Pavilion to SC4 based on the positive operational, financial, and economic impact. I hope to offer some thoughts on each proposal for you to consider moving forward. It is important to carefully review each Exhibit presented, as I will be drawing some conclusions from that information.

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Proposal 1: St Clair County Community College (SC4) SC4 is proposing to take ownership of the Pavilion for $1 and invest $3,000,000 in capital improvements to make the Pavilion a multi-purpose sports field house (Exhibit 4.). SC4 is a key economic driver in St. Clair County and in downtown Port Huron. In addition to their traditional students, they have developed a strategic partnership with area high schools in developing the Blue Water Middle College, which allows more than 600 high school students to dual enroll and earn college credits while in high school. SC4 has also been a key partner in workforce readiness programs that allow people to retool and retrain for an ever-changing job market. More than 4,000 students and staff use the SC4 campus throughout the week and their athletic programs draw thousands annually. The facility that currently houses their athletic program is undersized and in need of significant capital repairs. Given the small size of the facility, they are unable to host large tournaments. In addition to the collegiate sporting events, they host scores of sports camps for young people in our community, but are forced to cap the size of those camps because they do not have the facilities necessary. SC4 would like to vacate their current gym and use that space to build a new allied healthcare educational building, which would allow SC4 to expand its nursing program and other various high demand healthcare programs. These programs continue to grow in conjunction with growth and investments from area hospitals such as McLaren Hospital and its new $160 million cancer center and Lake Huron Medical Center’s new radiation center. SC4 can apply for capital funding from the State of Michigan for this new educational facility. However, they cannot apply to use these funds for a sports facility. They are not able to afford new construction costs of a larger sports facility. However, they do have designated capital improvement dollars funded by a capital improvement millage that can be used to purchase and improve the Pavilion for a fraction of the cost of constructing a new sports facility. These capital dollars are restricted for use of improvements and by law cannot be used to fund operations or pay staff and administrators. We believe that this is an important point and noteworthy. What is attractive about the SC4 proposal is that it aligns with the recommendations found in the Strategic Plan and market study data for McMorran, which was the goal of repurposing and market repositioning of the Pavilion to attract a broader spectrum of events and sporting events.

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SC4 is a reliable and sustainable partner who could achieve the goals stated in the Strategic Plan and it relieves the City of the funding burden for these capital improvements. In addition, SC4 would fully leverage the facility for maximum economic impact by hosting diverse sporting events and tournaments that has the potential to draw thousands of new visitors to downtown Port Huron. In addition to these benefits, the SC4 proposal would allow a broader amount of the community to have more access to the Pavilion, providing youth, senior citizens and civic groups a place to host events and gather. SC4 has stated that this would be their intentions and have a proven record of this with their current campus. Proposal 2: Port Huron Minor Hockey Association The Port Huron Minor Hockey Association is proposing to take ownership of the Pavilion for $100,000 and invest $415,000 in capital improvements to maintain the facility for primary hockey operations (Exhibit 5.). Since the conception of McMorran, the Association has been a loyal and excellent tenant. Throughout the many years of operation, thousands of local youth have learned to skate and play hockey at McMorran. In addition to their day-to-day operations, the Association has been the sponsor and host of the international Silver Stick tournament. This tournament is two long weekends a year and draws thousands of visitors and players from around North America to downtown Port Huron. Currently, hockey is played about four months a year in the Pavilion. The ice is installed in November and removed around the end of February. The Main Arena, which is not part of the proposal and would still remain in possession of the City for the purposes of hockey, operates the majority of ice activity for McMorran. The Association plans to fundraise to help with capital improvements, as they do not have the cash on hand. Their proposal calls for significant and steady forecasted revenue growth, even though the last decade of realized revenue trends have been the complete opposite. They plan to operate the facility without any employees, but rather through a team of volunteers. Given the current level of staff time expelled at the Pavilion, it is difficult to imagine this operation model as sustainable. In the 1990’s, the Association boasted membership of more than 1,000. Today, that number has fallen steadily to around 235 members. This mirrors the same trends of neighboring Blue Water Hockey Association, which is housed at Glacier Pointe Ice Arena facility on Dove Road in Port Huron Township.

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Exhibit 1 will note in its market study that there simply is no longer a market demand for four sheets of ice in St Clair County. If we were to sell the Pavilion to the Association, there should be real concern given the revenue impact it would have on the Main Arena. Proposal 3: Do Nothing This would be the simplest proposal, however, it would leave the City liable for the pending and future capital needs of the Pavilion. Continued declining revenue and facility use would worsen the situation. No doubt, in the future, we would be forced to choose between completing necessary capital improvement projects at the Pavilion and cutting governmental services elsewhere. Furthermore, we must ask ourselves, is this the best use for maximum community and economic impact? A facility that is relatively empty and dormant for eight months a year. Conclusion and Recommendation From the very beginning, we sought to develop a partnership with SC4 that would allow the Pavilion to be repurposed while at the same time accommodating ice. In 2013, the Authority originally looked at financing all the capital improvements and renting space to SC4 at an elevated rent payment to account for the capital improvements, however, this would strain SC4 operating dollars. Any rent payment would be funded through operating dollars, which funds educational activities and faculty. SC4 would be unable to use restricted capital funding dollars because they do not own the facility. They cannot use legally restricted capital improvement dollars on facilities they do not own. When approached by SC4 about taking ownership of the Pavilion the Authority and City did inquire about joint use of the Pavilion, including ice. This clearly would be the most ideal situation and would alleviate much of the debates we are having today. However, new bleachers and three basketball/volleyball courts would be too difficult to remove every time an ice event was scheduled. Additionally, ice events directly conflict with winter sports schedules and it takes several days to install the ice. Operationally, it simply would not work. There has been much concern and discussion about protecting youth hockey in St. Clair County. We agree with those concerns, but believe that three sheets of ice, factoring in the two sheets of ice at the Glacier Pointe Ice Arena are more than enough to accommodate the market demands of hockey in St. Clair County (Exhibit 1). If SC4 were to take ownership of the Pavilion, youth hockey would survive, albeit in a different form

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and partnership. We believe this kind of new partnership needs to be created in any event to ensure youth hockey is sustainable and protected in St. Clair County. Additionally, we want to ensure the Silver Stick tournament is protected. We believe, based on preliminary conversations with Silver Stick that a compromise can be reached. Currently, about 80 percent of the Silver Stick tournament is held in Port Huron, the remaining 20 percent is played in Lapeer. In fact, an entire bracket is currently scheduled there. We believe relocating what would have been scheduled in the Pavilion to Glacier Point Ice Arena and Lapeer would make it possible to still operate the Silver Stick tournament. However, there would be the risk of losing the tournament if SC4 takes ownership of the Pavilion. Nothing is guaranteed. We believe that allowing SC4 to take ownership of the Pavilion would allow the facility to be an economic impact 12 months a year, not just four months. We also believe that through the numerous tournaments and sports camps, SC4 in the long-term could draw significant amount visitors to downtown Port Huron. Given five to ten years to mature new events, we would better position ourselves in the market place by having a diverse calendar of events all year round in the Pavilion. The potential economic and job training impact of a new allied health educational building in the heart of downtown Port Huron cannot be understated. This addition would buttress an already growing economic sector in St. Clair County and could afford new opportunities to thousands of our residents. Lastly, we believe that the SC4 proposal best aligns with the original intent of the McMorran Gift. Throughout the founding documents (Exhibit 6.) you can note several mentions of creating a “Public” “Sporting Events” facility. There was never a single sport or group identified in the founding documents. The original intent demonstrated in the documents was to create a facility that could be used by the broadest definition of “Public”. This is a terribly difficult crossroads to be at, given the heritage of hockey in our community. However, our past cannot solely define our future. We have the potential to support both our past and our future opportunities in St Clair County. We must continue to position our downtown and community to thrive in the future. For these reasons, City Administration recommends to the Mayor and Council that SC4 take ownership of the Pavilion. Sincerely, __________________ James R. Freed City Manager Chief Administrative Officer

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Exhibit 1.

McMorran Civic Center Authority

Feasibility and Improvement Study McMorran Sports & Entertainment Center

Draft Report November 2013

Exhibit 2.

St. Clair County Community College

Non-Binding Letter of Intent for City and College Property Development

June 12, 2015

Exhibit 3.

Port Huron Minor Hockey Association

Non-Binding Letter of Intent to Purchase McMorran Place Pavilion/Tower

June 26, 2015

Exhibit 4.

St. Clair County Community College

McMorran Pavilion Proposal submitted to the McMorran Authority

August 12, 2015

Exhibit 5.

Port Huron Minor Hockey Association

McMorran Pavilion Proposal submitted to the McMorran Authority

Exhibit 6.

Legal opinion regarding the City’s obligations and options with respect to the McMorran Place Complex

Agreements/Addendums for the McMorran Place Complex

Exhibit 7.

McMorran Civic Center Authority

Pavilion Re-Use Evaluation McMorran Place Sports & Entertainment Center

Authority Presentation October 12, 2015

A complete copy of the exhibits can be reviewed at the City Clerk’s Office, 100 McMorran Blvd., Port Huron,

Michigan, during normal business hours.

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Submitting Dept: Engineering & Public Works FCM #15-059 November 9, 2015

FCM #15-059

Accepting the bid from S. A. Torello, Inc., in the amount of $9,600.00 for Class II sand to be

delivered to 1808 Bancroft Street.


On October 22, 2015, the City of Port Huron received the following two (2) bids for 1,500 cubic

yards of Class II sand to be delivered to 1808 Bancroft Street:

S. A. Torello, Inc. (Port Huron Twp., MI) $ 9,600.00

Hammar’s Contracting LLC (Kimball Twp., MI) $16,088.00

It is recommended that the bid of S. A. Torello, Inc., 3500 Dove Road, Port Huron Township,

Michigan, 48060 in the amount of Nine Thousand Six Hundred and 00/100 Dollars ($9,600.00) be

accepted and that the appropriate City officials be authorized to execute the necessary documents.




ABSENT: Lewandowski

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FCM #15-060

Accepting the bid from Johnson Controls, Inc., in the amount of $50,080.65 for the rehabilitation of

the chiller at the Municipal Office Center.


On October 22, 2015, the City of Port Huron received the following bid for the rehabilitation of

the chiller at the Municipal Office Center:

Johnson Controls, Inc. (Auburn Hills, MI) $50,080.65

It is recommended that the bid of Johnson Controls, Inc., 2875 High Meadow Circle, Auburn

Hills, Michigan 48326, in the amount of Fifty Thousand Eighty and 65/100 Dollars ($50,080.65) be

accepted and that the appropriate City officials be authorized to execute the necessary documents.

RESULT: ADOPTED [6 TO 0] MOVER: Sherry L. Archibald, Mayor Pro-Tem



ABSENT: Lewandowski

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FCM #15-061

Accepting the bid from Gorno Ford in the amount of $27,070.00 for one 2016 Ford Interceptor utility

vehicle for use by the Police Department, in accordance with the State of Michigan MIDEAL

purchasing program, with partial funding anticipated from insurance reimbursement for the non-

depreciated value of another patrol vehicle involved in an accident.


On November 2, 2015, the City of Port Huron received the results of the State of Michigan

MIDEAL purchasing program bids for one (1) 2016 Ford Interceptor utility vehicle for use by the Police

Department:

Gorno Ford $27,070.00 ea.

It is recommended that the bid of Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183,

in the amount of Twenty-Seven Thousand Seventy and 00/100 Dollars ($27,070.00) be accepted, in

accordance with the State of Michigan MIDEAL purchasing program, with partial funding anticipated

from insurance reimbursement for the non-depreciated value of another patrol vehicle involved in an

accident and the appropriate City officials be authorized to execute the necessary documents.




ABSENT: Lewandowski

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SUMMARY OF PROPOSED PURCHASE

Item to be purchased: One (1) 2016 Ford Utility Police Interceptors.

Purchase cost: $27,070.00

Requesting dept.: Motor Vehicle Pool. Vehicles will be used in the Police Department.

Budgeted item: No.

Over/under budget: The motor vehicle fund budget is $645,415.00.

Necessity of purchase: This vehicle will replace unit #15 a 2013 Ford Taurus which was

involved in a major accident and was deemed totaled. It is

anticipated that the City will receive some reimbursement from

insurance for the non-depreciated value of the vehicle.

Bid recommendation: The City will be using the MIDEAL purchasing program to purchase

this vehicle.

Impact if not

purchased:

This patrol vehicle is heavily used, and if not replaced, could result in

a shortage of vehicles for a scheduled platoon.

Summary preparation: Lennie Naeyaert, P.E.

City Engineer/Director of Public Works

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Submitting Dept: Engineering & Public Works RES #15-129 November 9, 2015

RES #15-129

Authorizing seventeen (17) payments.

BE IT RESOLVED that the Director of Finance is hereby authorized to pay the attached

payments.

RESULT: ADOPTED [6 TO 0] MOVER: Alphonso D. Amos, Councilmember



ABSENT: Lewandowski

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Itemization of Payments - Council Meeting of November 9, 2015

No. Vendor Acct # Job # Amount Payment # Job Description

1- 1 Tetra Tech, Inc. 590-981-801-01 D15-0010 6,907.50$ 3 CSO Planning

590-981-801-01 D15-0010 2,945.00$ 3 O & M Plan & Record Map

205-515-801-01 D01-0030 14,317.50$ 3 Nern Street CSO Area GIS

205-480-801-01 G13-0050 2,615.00$ 3 Glenwood - Pine Grove to Merchant Street

26,785.00$

1- 2 Tetra Tech, Inc. 205-542-801-00 C14-0070 3,810.00$ 5 Riverview - 15th to 19th

205-560-801-00 C14-0080 3,810.00$ 5 Hickory Area

205-541-801-00 C14-0020 3,220.00$ 5 Stone Street - Pine Grove to McPherson

585-546-982-00 P15-0060 820.00$ 5 East Quay Parking Lot

205-538-801-00 C13-0020 1,885.00$ 5 Sanborn - Stone to Gratiot

TOTAL 13,545.00$

1- 3 Connin Cement 280-884-995-00 F15-0010 1,254.38$ 4 Misc.

285-860-818-00 F15-0010 6,515.00$ 4 Misc.

590-981-926-01 F15-0010 19,362.31$ 4 Wastewater Collection

595-962-936-00 F15-0010 165.60$ 4 Water Distribution

540-000-045-00 F15-0010 24,125.64$ 4 Special Assessment

Page 1 of 3

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203-451-967-01 F15-0010 4,019.12$ 4 Misc.

202-451-967-01 F15-0010 1,862.63$ 4 Misc.

TOTAL 57,304.68$

1- 4 Michigan Pipe Inspection, Inc. 590-981-818-03 D13-0010 892.50$ 31 Sewer Cleaning

1- 5 Pamar Enterprises 205-515-967-11 D01-0030 57,845.00$ 14 Nern Street Sewer Separation

1- 6 BMJ Engineers & Surveyors, Inc. 205-515-967-04 D01-0030 7,600.00$ 19 Nern Street Sewer Separation

1- 7 State of Michigan (MDOT) C13-0020 14,902.74$ 4 Sanborn - Stone Street to Gratiot Avenue

1- 8 S. A. Torello 288-896-967-11 P16-0030 19,700.00$ 1st & final Removal of Concrete & Bituminous at 10th St & Water St

1- 9 Ace Saginaw Paving 205-562-967-11 C15-0060 1,986.66$ 2 10th Avenue - Garfield Street to Stone Street

205-563-967-11 C15-0070 51,456.79$ 2 Prospect - Pine Grove to Thomas Edison Parkway

205-564-967-11 C15-0080 29,542.66$ 2 Michigan - Pine Grove Park Drive to Prospect Place

205-565-967-11 C15-0090 74,589.06$ 2Thomas Edison Parkway - Prospect to Thomas Edison

Drive

TOTAL 157,575.17$

1- 10 Murray Underground Systems 205-560-982-00 C15-0040 324,825.94$ 2 South Boulevard Watermain & Road Improvements

1- 11 TSP Environmental 590-981-982-00 P15-0030 12,973.67$ 1 Gratiot Avenue Sanitary Pump Station Rehabilitation

1- 12 Rowe Professional Services Co. 101-936-967-03 P15-0050 3,975.00$ 2 Splash Pad & Lakeside Park Improvements

Page 2 of 3

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1- 13 State of Michigan (MDOT) 205-541-967-11 C14-0020 4,480.70$ 4Stone Street Resurfacing Pine Grove Avenue to

McPherson Street

1- 14 Raymond Excavating Company 205-542-967-11 C14-0040 22,871.51$ 6Washington Avenue Reconstruction - 10th Avenue to

Stone Street

1- 15 Sanctum Contracting, Inc. 590-980-982-00 G15-0180 16,611.00$ 1st & final WWTP Brick Repairs

1- 16 Teltow Contracting, Inc. 205-549-967-11 C14-0070 234,063.87$ 3 Hickory Area Resurfacing & Reconstruction

205-551-967-11 C14-0080 59,813.49$ 3 Hickory Area Resurfacing & Reconstruction

TOTAL 293,877.36$

1- 17 State of Michigan (MDEQ) 595-961-818-00 9,727.72$ 1Water Filtration Plant "Community Public Water Supply

Annual Fee"

Page 3 of 3

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RES #15-130

Accepting the single-source quote from Wonderware North (Q-mation) in the amount of $20,630.00

to upgrade the Wastewater Treatment Plant SCADA software and approving the agreement with

Tetra Tech, Inc., to provide specialized computer programming services to install and program the

upgraded software.

WHEREAS, the City’s Supervisory Control and Data Acquisition (SCADA) system at the

Wastewater Treatment Plant is a process control program necessary to record and log all events within

the plant and 13 remote sanitary pump stations and provide alerts crucial to the operation of the plant

and the sanitary collection system; and

WHEREAS, the current software purchased in 2007 for the SCADA system, Wonderware, is no

longer supported or compatible with the newer operating system (Windows 7) and necessary fixes or

repairs to the software can no longer be made to address issues arising from use of the current version of

the software; and

WHEREAS, on October 15, 2015, the Department of Public Works received a single-source

quote in the amount of $20,630.00 for the purchase of the upgraded software from Wonderware North

(Q-mation); and

WHEREAS, in additional to the purchase of the upgraded software, specialized computer

programming services will be necessary to install the software and to program the system to ensure the

new software will properly operate the plant and receive data from the 13 remote sanitary pump stations;

and

WHEREAS, Tetra Tech, Inc., was initially hired in 2007 to prepare and install the new process

control software for the City’s sewage collection and treatment system and it would be to the City’s

advantage to utilize Tetra Tech’s services to upgrade the system;

NOW, THEREFORE, BE IT RESOLVED that the Port Huron City Council does hereby:

1. Accept the single-source quote from Wonderware North (Q-mation) in the amount

Twenty Thousand Six Hundred Thirty and 00/100 Dollars ($20,630.00) to upgrade the Wastewater

Treatment Plant and authorize the appropriate City officials to execute any necessary agreements; and

2. Approve the agreement with Tetra Tech, Inc., for professional computer programing and

on-site startup of the Wonderware software at the Wastewater Treatment Plant and authorize the

appropriate City officials to execute the agreement.


SECONDER: Alphonso D. Amos, Councilmember


ABSENT: Lewandowski

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RES #15-131

Approving the agreement with BMJ Engineers & Surveyors, Inc., for professional engineering and

surveying services for the River Street Marina maintenance dredging project for the years 2016

through 2020.

WHEREAS, it is necessary to prepare permits, plans and perform soundings for the River Street

Marina; and

WHEREAS, if it is determined that dredging is necessary at this City-owned marina,

professional engineering services will be necessary in order to prepare bid documents; and

WHEREAS, seven pre-qualified engineering firms were sent a request for proposal and the City

received and reviewed proposals from two engineering firms, and based on their responses and

evaluation of the proposals submitted, BMJ Engineers & Surveyors, Inc., is the appropriate firm to

provide these services for the years 2016 through 2020;

NOW, THEREFORE, BE IT RESOLVED that the Port Huron City Council does hereby

approves the agreement with BMJ Engineers & Surveyors, Inc., for professional engineering services for

the River Street Marina maintenance dredging project for the years 2016 through 2020 and authorize the

appropriate City officials to execute the agreement.

RESULT: ADOPTED [6 TO 0] MOVER: Sherry L. Archibald, Mayor Pro-Tem



ABSENT: Lewandowski

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RES #15-132

Confirming and approving single lot special assessments for the cost of sidewalk replacement in the

right-of-way.

WHEREAS, the City of Port Huron has invoiced property owners of record for costs incurred by

the City for sidewalk replacement upon the lots and premises in accordance with the enforcement and

penalty sections in Chapter 42, Streets, Sidewalks and other Public Places; and

WHEREAS, the Director of Finance and the City Engineer have verified that the following list

of unpaid invoices should be reviewed by the City Council to determine if the charges should be

collected as a single lot special assessment against the property in accordance with the procedures set

forth in Chapter 40, Section 40-19, of the Port Huron City Code:

Single Lot Assessment Report

Property Number Property Description (Address) Owner of Record Amount

74-06-734-0075-000 1114 Pine Street David A. Williams $ 457.13

74-06-734-0076-000 1120 Pine Street Steven C. Grove $ 560.63

74-06-550-0007-000 1326 Griswold Street Carol S. Whiting $ 431.25

74-06-550-0010-000 1344 Griswold Street Mike Fretenborough $ 55.20

74-06-764-0139-000 1821White Street Eastpointe Capital Investment $ 319.13

74-06-764-0047-000 1502 23rd Street Mary J. McTaggart $1,414.50

74-06-550-0014-000 1401 Oak Street Elizabeth J. Hancock $1,725.00

74-06-764-0176-000 1602 Union Street Milton Porter & Penny Cooper $1,104.00

74-06-764-0190-000 1616 Union Street Reggie & Yvonne Wood $ 690.00

74-06-743-1608-000 1302 14th Street Michael L. Bodeis $ 614.10

74-06-743-1607-000 1330 Union Street James Huffmaster $ 316.20

74-06-743-1606-000 1326 Union Street Jessica L. Rock $ 247.20

74-06-743-1605-000 1322 Union Street Kurt & Kelly Layle $ 378.00

74-06-362-0017-000 2618 Forest Street Michael L. Bodeis $ 933.00

74-06-362-0019-000 2628 Forest Street Murray & Beverly McNeill $ 707.25

74-06-362-0021-000 2634 Forest Street Murray & Beverly McNeill $ 552.00

74-06-362-0022-000 2638 Forest Street Terrence & Kimberly Wolff $2,266.65

74-06-362-0098-000 2640 Gratiot Avenue Suzanne M. Prigmore $3,234.37

74-06-362-0099-000 2629 Forest Street Dennis J. Carrier $ 642.90

74-06-362-0116-000 606 Garfield Street Joseph Linert $1,278.00

74-06-476-0067-000 404 Garfield Street Kerrie Kozloff $1,949.25

74-06-476-0065-000 2729 Wright Street Brent & Rebecca Taylor $ 284.62

74-06-513-0036-000 416 Lakeview Street Randy & Mildred Beedon $ 543.38

74-06-513-0038-000 410 Lakeview Street B. J. Ward & A. E. Jacobs $ 595.13

74-06-513-0037-000 404 Lakeview Street Scott & Denise Smith $1,420.20

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Property Number Property Description (Address) Owner of Record Amount

74-06-743-1594-000 1311 White Street William Johnson $ 396.75

74-06-743-1595-000 1307 White Street Elizabeth Bianchi $ 310.50

74-06-298-0045-000 400 Vacant Lot Bard Street Janus Investments $ 699.30

TOTAL: $ 24,125.64

NOW, THEREFORE, BE IT RESOLVED that the Port Huron City Council does hereby confirm

and declare single lot assessments upon the individual lots and premises described above for special

sidewalk replacement in the right-of-way.

RESULT: ADOPTED BY CONSENT [UNANIMOUS] MOVER: Sherry L. Archibald, Mayor Pro-Tem



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Submitting Dept: Code Enforcement RES #15-133 November 9, 2015

RES #15-133

Confirming and approving single lot special assessments for fines, assessments and/or the cost of

removing blight, blighting factors and/or causes of blight, as well as the abatement of nuisances.

WHEREAS, the City of Port Huron has invoiced property owners of record for fines and assessments ordered by an Administrative Hearing Officer or for costs incurred by the City for the removal of noxious weeds, unlawful growths and/or blighting factors in accordance with the enforcement and penalty sections in Chapter 2, Administration, Article VII, Administrative Hearings Bureau and Chapter 22, Environment; and

WHEREAS, Section 2-907 of the City Code provides that "All fines and assessments ordered by an administrative hearing officer shall be paid to the city's treasurer. Any fine, sanction, or cost imposed by an administrative hearing officer's order that remains unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures is a debt due and owing the city and, as such, may be collected in accordance with applicable law, and shall become a lien on the property and assessed as a single lot assessment against such property."; and

WHEREAS, the invoiced property owners have either exhausted their rights to appeal the orders of the Administrative Hearing Officer in a timely fashion and the unpaid invoices have been outstanding for a period of thirty (30) days or more; and

WHEREAS, the Director of Finance and the Director of Public Safety, Chief of Police have verified that the following list of unpaid invoices should be reviewed by the City Council to determine if the charges should be collected as a single lot special assessment against the property in accordance with the procedures set forth in Chapter 40, Section 40-19 and Chapter 2, Section 2-907 of the Port Huron City Code, and MCL 117.4r:

Single Lot Assessment Report

Invoice # Property Number Property Description (Address) Owner of Record Amount

18811 74-06-010-1001-010 732 - 15th Street Folske, Jay $ 820.00

18889 74-06-422-0056-000 1832 Kern Street Maness, Carolyn L. 1,640.00

21989 74-06-722-0059-000 1517 Francis Street Todd, John 140.00

22249 74-06-264-0102-000 2529 John L Street Slaght, Lainie 70.00

22338 74-06-647-0024-000 1629 Miller Street Moseley, Charles H./Diane L. 230.00

22394 74-06-562-0033-000 1521 Division Street Sherman, Katie L. 490.00

22416 74-06-482-0008-000 3024 - 25th Street Coulter, Laura 120.00

22447 74-06-743-1318-000 1102 Lapeer Avenue Silverco Properties 175.00

22448 74-06-204-0012-000 732 V-L 11th Street Hernandez, Heidi 75.00

22450 74-06-353-0005-000 1436 Lapeer Avenue Will, Mark A. 60.00

22451 74-06-734-0031-000 1026 Wall Street Young, Joann / Aaron, Dominique 210.00

22452 74-06-186-0055-000 2915 Moak Street Hill, Cynthia K. 210.00

22453 74-06-588-0010-000 2862 V-L Mason Avenue Scott, Irene Nancy 210.00

22455 74-06-155-0012-000 1129 V-L Miller Street Kaja Holdings 2 LLC 60.00

22456 74-06-517-0046-000 1635 Wells Street Domozik, Edward V. / Tracy L. 175.00

22457 74-06-121-0024-000 602 V-L 14th Street Lawson, Sri / Iris C. 175.00

22458 74-06-722-0076-000 1517 V-L Lapeer Avenue Scott, Irene Nancy 175.00

22459 74-06-647-0025-000 1625 V-L Miller Street Wessel, Steve 175.00

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22461 74-06-366-0164-000 1020 - 10th Avenue Webb, Charles / Mary Jean Trust 60.00

22488 74-06-482-0008-000 3024 - 25th Street Coulter, Laura 120.00

22490 74-06-743-0474-000 733 White Street Babcock, Jamie 175.00

22494 74-06-711-0037-000 1225 Ward Street Dion, Pamela / King, Lisa A. 60.00

22501 74-06-204-0010-000 716 V-L 11th Street A & S Business Ventures LLC 175.00

22502 74-06-124-0002-000 2420 - 10th Avenue Gross, James D. / Veronica D. 60.00

22504 74-06-559-0041-000 2328 - 10th Street Maritime Capitol Investments 175.00

22509 74-06-743-1347-000 1109 V-L Lapeer Avenue Albrecht, John W. 175.00

22511 74-06-743-1401-000 1219 V-L Lapeer Avenue Hernandez, Sando 175.00

22513 74-06-204-0010-000 716 - V-L 11th Street A & S Business Ventures LLC 60.00

22522 74-06-452-0026-000 1525 V-L Gillett Street Thompson, Jason C. 210.00

22539 74-06-559-0012-000 2373 Military Street America, Anthony 175.00

22573 74-06-743-0073-000 1909 V-L 9th Street Duckworth, Robert / Kathleen 175.00

22574 74-06-562-0061-000 1806 - 15th Street Dandron, Timothy C. / Rattew, J.E. 210.00

22575 74-06-422-0037-000 1856 V-L Water Street Denman Enterprises LLC 175.00

22577 74-06-365-0168-000 913 Michigan Street Rome, Robert / Edith 210.00

22580 74-06-015-3001-004 1020 Beard Street Duckworth, Robert / Kathleen 175.00

22596 74-06-167-0034-000 718 Johnstone Street Maritime Capitol Investments 210.00

22601 74-06-136-0003-000 1426 Miller Street Domozik, Edward V. / Tracy L. 250.00


22645 74-06-422-0056-000 1832 Kern Street Maness, Carolyn L. 60.00

22647 74-06-743-0227-000 924 Pine Street Jones, Larry / Gertrude B. 60.00

22652 74-06-722-0076-000 1517 V-L Lapeer Avenue Scott, Irene Nancy 260.00

22656 74-06-365-0526-000 1822 Elk Street Ellis, Theodis 245.00


22667 74-06-743-0991-000 1017 V-L Pearl Street Duckworth, Robert / Kathleen J. 225.00



22697 74-06-647-0024-000 1629 Miller Street Moseley, Charles H. / Diane L. 60.00




22726 74-06-647-0002-000 1626 Carleton Street Ali, Norman 60.00

22762 74-06-550-0017-000 1333 Oak Street Mitchem, Michael D. / Andrea M. 340.00

22798 74-06-343-0001-000 3037 - 24th Street American Est & Trust FBO Edna Jones 260.00


22805 74-06-734-0106-000 1213 Wall Street Emerick, Amey 60.00

22806 74-06-550-0017-000 1333 Oak Street Mitchem, Michael D. / Andrea M. 330.00

22815 74-06-185-0028-000 2953 V-L 30th Street Massive Impact Ministries 400.00

22818 74-06-362-0282-000 2518 Walnut Street Heming, Michelle 60.00


22833 74-06-015-3001-004 1020 Beard Street Duckworth, Robert / Kathleen 225.00


22869 74-06-702-0017-000 1314 Wells Street Kern, Lorette V. 60.00


22877 74-06-559-0012-000 2373 Military Street America, Anthony 260.00

22879 74-06-734-0125-000 1207 V-L 12th Street NB Management Investments LLC 175.00

22887 74-06-743-0254-000 833 Wall Street Arvoy, Zach / Ashley 60.00


22896 74-06-647-0024-000 1629 Miller Street Moseley, Charles H. / Diane L. 225.00

22909 74-06-702-0016-000 1310 Wells Street Andrews, Lewis Sr. / Joann R 120.00

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22919 74-06-366-0118-000 1016 Stone Street Palecki, Donald / Donald II 110.00

22924 74-06-517-0045-000 422 V-L 17th Street Denman Enterprises LLC 325.00



22933 74-06-124-0002-000 2420 - 10th Avenue Gross, James D. / Veronica D. 225.00

22941 74-06-743-1500-000 1209 Chestnut Street FHLMC 225.00

22942 74-06-562-0061-000 1806 - 15th Street Dandron, Timothy C. / Rattew J. E. 295.00

22943 74-06-422-0037-000 1856 V-L Water Street Denman Enterprises LLC 225.00

22968 74-06-474-0005-000 1515 Reid Avenue JP Morgan Chase Bank 200.00

22971 74-06-514-0039-000 2635 V-L 10th Avenue Duckworth, Robert / Kathleen 225.00

22972 74-06-365-0526-000 1822 Elk Street Ellis, Theodis 225.00

22976 74-06-743-1789-000 1413 White Street Wilson, Mathew S. 60.00

22982 74-06-743-0474-000 733 White Street Babcock, Jamie 260.00

22989 74-06-743-0991-000 1017 V-L Pearl Street Duckworth, Robert / Kathleen J. 325.00


22996 74-06-362-0088-000 2509 Forest Street Hreha, Sharla 60.00

23011 74-06-587-0016-000 1935 Grant Place Evans, Milton A. / Sabrina 60.00

23012 74-06-743-1825-000 1507 Griswold Street Moore, Marcus A. 60.00

23013 74-06-743-1825-000 1507 Griswold St Moore, Marcus A. 110.00

23015 74-06-136-0003-000 1426 Miller Street Domozik, Edward V. / Tracy L. 330.00

23019 74-06-365-0168-000 913 Michigan Street Rome, Robert / Edith 260.00


23036 74-06-333-0015-000 1938 V-L Roselawn Court Chirco, Salvatore 295.00

23054 74-06-428-0072-000 1704 McBrady Street Glombowski, Paul J. 60.00

23055 74-06-330-0011-000 2636 - 10th Avenue Tikkanen Joell R. / Thad D. 210.00


23096 74-06-422-0026-000 277 Taylor Street Redman, Robert 60.00

23098 74-06-517-0045-000 422 V-L 17th Street Denman Enterprises LLC 325.00



23171 74-06-232-0009-000 2222 Lapeer Avenue Fox, Robert D. / Margo J. 210.00

26999 74-06-204-0012-000 732 V-L 11th Street Hernandez, Heidi 225.00

TOTAL: $21,880.00

NOW, THEREFORE, BE IT RESOLVED that the Port Huron City Council does hereby confirm

and declare single lot assessments upon the individual lots and premises described above for fines,

assessments and/or the cost of removing blight, blighting factors and/or causes of blight, as well as the

abatement of nuisances.




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Submitting Dept: Planning RES #15-134 November 9, 2015

RES #15-134

Approving the scheduling of public hearings for November 23, 2015, to hear comments on Code Case

#14-014 (930 Court Street) and Code Case #15-002 (1902 - 23rd Street) to determine whether they

constitute a nuisance as defined by the Port Huron City Code.

WHEREAS, City Administration has been notified by the City's Building Official that the following property(s) located within the City of Port Huron, St. Clair County, Michigan, is/are in a state of disrepair:

Code

Case # Address Legal Description Code Violations

14-014 930 Court Street The west 5 feet of Lot 5, the east 35 feet Lots 6 & 7, & the east 35 feet Lot 8 north of the alley Block 15, White Plat

Building, Electrical, Mechanical and Plumbing

15-002 1902 – 23rd Street Lot 14, Block 14, Tunnel Depot Subdivision Building, Electrical,

Mechanical and Plumbing

WHEREAS, it appears to City Administration that the condition of the property(s) described above may constitute a nuisance as defined by Chapter 10, §10-211, and Chapter 34, §34-3, of the City of Port Huron Code of Ordinances, justifying abatement by the City pursuant to the powers granted in Chapter 2, §2-1, and Chapter 8, Special Assessments, of the City Charter and procedures set forth in Chapter 10, §10-211, and Chapter 40, §40-19 and 40-20, of the City of Port Huron Code of Ordinances; and WHEREAS, the City Council believes it is warranted in conducting public hearings and investigations pursuant to such provisions of Chapter 10 and Chapter 40 of said Code for the purpose of ascertaining and determining for itself whether such condition or conditions exist at these properties; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Port Huron shall conduct a public hearing on November 23, 2015, at 7:00 p.m. in the Public Meeting Room, First Floor, Municipal Office Center, 100 McMorran Boulevard, for each of the above-listed properties for the purposes and according to the procedures referred to above and provide for the recording of such hearings; and BE IT FURTHER RESOLVED that the City Clerk shall notify, by certified mail directed to the last known address, persons known to have an interest in the property described above and all property owners thereof according to the most recent City Assessor's record, at least ten (10) days in advance of the date herein set for such hearing and investigation and the notice shall state that the interested parties will be given the opportunity to state their case for or against bringing this property up to code or demolition of this property, at the time of the public hearing; and BE IT FURTHER RESOLVED that a notice shall be published in accordance with the City’s Rules of Procedure and the notice shall include time and place of said hearing and legal description and address of the property involved, and specify in what respects said property may constitute a nuisance within the meaning of Chapter 10, §10-211, and Chapter 34, §34-3, Code of Ordinances of the City of Port Huron.




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Submitting Dept: Planning ORD #15-011 November 9, 2015

ORD #15-011

An ordinance to amend Chapter 10, Buildings and Building Regulations, Article V, Rental

Certification, of the Port Huron Code of Ordinances for the purpose of including blight violation

notices in Sections 10-153 and 10-169.

THE CITY OF PORT HURON ORDAINS:

That Chapter 10, Buildings and Building Regulations, Article V, Rental Certification, of the Port

Huron Code of Ordinances is hereby amended for the purpose of including blight violation notices in

Sections 10-153 and 10-169:

CHAPTER 10. BUILDINGS AND BUILDING REGULATIONS

ARTICLE V. RENTAL CERTIFICATION

Sec. 10-151 through Sec. 10-152.

No changes.

Sec. 10-153 Registration required.

(a) Initial registration. The owner of any residential rental structure or residential rental unit

shall register each residential rental structure and all residential rental units contained within the

residential rental structure with the City and shall designate a person, as defined in Section 10-154, as

the responsible local agent who shall be legally responsible for operating the registered residential rental

structure or residential rental unit and shall also be responsible for providing access to such premises for

making the inspections necessary to ensure compliance with the terms of this article and all applicable

codes and ordinances adopted by the City. A certification shall not be issued unless an applicant

complies with the registration sections of this article. The seller of a dwelling house sold on a land

contract, within 30 days of its execution, shall (1) record the land contract or memorandum of the land

contract with the St. Clair County Register of Deeds, and (2) provide a copy of the land contract or

memorandum of land contract to the Planning Director.

(b) Tenant information. The owner of a single-family dwelling unit may include the name of

the tenant on the lease agreement. It shall be the property owner's responsibility to update the

registration form as to the name of the tenant if there is a change in lease agreement or tenant status.

Where a landlord has complied with this tenant information section, the City may provide blight

notifications and enforce yard conditions and junk car violations against the tenant where such violations

are the result of the conduct of the tenant and not the property owner. The property owner will remain

responsible for any code violations pertaining to two or more multiple-unit properties. In the absence of

current tenant information, legal action, municipal civil infractions, or citations, or blight violation

notices will be issued to the property owner. At all times, the property owner's responsibility for

adherence to City codes and ordinances shall remain.

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(c) Deposit on new registrations. On any previously unregistered residential rental unit, or

any newly-created rental units from a previous single-family, owner-occupied dwelling, new

construction, renovation or conversion of any space shall require the property owner pay a registration

fee plus submit a deposit of $500 per residential rental building. The deposit shall be placed into a

noninterest-bearing account and returned to the property owner if (1) the unit fails the initial inspection

and is not provided a rental certification pursuant to Section 10-159, or (2) after the initial two-year

certificate period set forth in Section 10-159, there have been no fines issued as the result of a municipal

civil infraction or blight violation notice under Section 10-169. In such a case, the deposit shall be

returned to the property owner at the time of issuance of the second rental certificate, however, if there is

an unpaid civil infraction as of the time of the expiration of the two-year certificate period, the amount

of the infraction and any cost incurred by the City to fix the blight shall be deducted from the deposit,

and the balance, if any, shall be returned to the property owner. Existing property owners with properly

registered and certified rental units in the City, which have had no citations issued during the past two

years for building, blight, or rental code violations, are exempt from the requirement for a deposit on

newly created units.


No changes.

Sec. 10-169 Penalties.

(a) Any owner of a residential rental structure or unit who shall fail to register a residential

rental structure as required by this article or obtain a certification for each residential rental structure or

unit prior to occupancy of a residential rental structure or unit, or any owner or occupant who violates

any other requirement of this article, shall be responsible for commission of a municipal civil infraction.

Inasmuch as municipal civil infractions issued pursuant to this article involve the use or occupancy of

buildings, a municipal civil infraction issued under the terms of this article may be served upon the

alleged violator, including the owner or tenant, by mailing a copy by first-class mail to the last known

address of the alleged violator. The fine payable to the Municipal Ordinance Violations Bureau for a

determination of responsibility by persons served with the municipal civil infraction notice shall be $250

for a first offense. After notification or issuance of the first citation, and upon failure to comply, for each

week that the same offense continues, or for second or repetitive offenses, a separate municipal

infraction notice shall be issued in the amount of $500.

(b) An owner or occupant may be charged with more than one violation of this article in a

single complaint or appearance ticket, provided that each violation so charged relates to the same

property.

(c) Any owner who has not paid in full any outstanding municipal civil infraction, blight

violation notice or related fee for a period of more than 90 days after either the date of issuance or the

end of any appeal period if an appeal is filed, whichever is later, shall have all of their rental

certifications on all other units and properties automatically revoked.

(d) Any owner who rents a residential rental structure for more than 60 days after notice of

an order to vacate shall be guilty of a misdemeanor.

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(e) Any owner who fails to comply with the requirements of Section 10-171 or the notice

provided under Section 10-172 or Section 10-173 shall be guilty of a misdemeanor.

(f) In addition to fine, imprisonment or corrective action to abate or enjoin the violation, the

City's attorney may seek to recover the costs of prosecution or other civil action in either district or

circuit court.


No changes.

ADOPTED: November 9, 2015

PUBLISHED: November 14, 2015

EFFECTIVE: November 14, 2015

RESULT: 2ND READING/ENACTED BY CONSENT [UNANIMOUS] MOVER: Sherry L. Archibald, Mayor Pro-Tem



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