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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 28, 2013
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. Gnarley Varley’s Righteous Cuisine-Mobile Vending Business –
Concession Contract for City of Muskegon Parks. PUBLIC WORKS
C. Fatty Lumpkins Sandwich Shack-Mobile Vending Business – Concession
Contract for City of Muskegon Parks. PUBLIC WORKS
D. Consumers Energy Rate Case – Municipal Coalition Participation.
PUBLIC WORKS
E. CDBG Program Administration Agreement – City of Muskegon/City of
Norton Shores. PLANNING & ECONOMIC DEVELOPMENT
F. Cemetery Utility Cart. PUBLIC WORKS
G. Grant Agreement Addendum – Grand Trunk Boating Access. PUBLIC
WORKS
H. Grant Agreement with the Department of Natural Resources for
Dredging Cottage Grove Launch Ramp and Hartshorn Marina. PUBLIC
WORKS
I. Sale of Parcel in Seaway Industrial Park. PLANNING & ECONOMIC
DEVELOPMENT
J. Approval of Extension for Realtor and Title Company Procurement
Contracts for CNS. COMMUNITY & NEIGHBORHOOD SERVICES
K. HOME Consortia Application. COMMUNITY & NEIGHBORHOOD
SERVICES
L. 2013/14 Water Treatment Chemical Bids. PUBLIC WORKS
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Permanent Traffic Control Order – Install “No Parking” Signs on the
South Side of Forest Avenue between Peck and Clinton. PUBLIC WORKS
B. Pere Marquette Improvement Fund. PLANNING & ECONOMIC
DEVELOPMENT
C. Transmittal of 2013-14 Proposed Budget. CITY MANAGER
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD dial 7-1-1 to request a representative to dial (231) 724-6705.
Date: May 28, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the May 13th
Commission Worksession Meeting, and the May 14th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
May 13, 2013
City Commission Chambers
5:30 PM
MINUTES
2013-40
Present: Commissioners Gawron, Spataro, German, Markowski, Hood, Turnquist, and
Wierengo.
Absent: None.
Liability Claim: 684 Harvey Street – Oakview Partners.
On March 14, 2013, a sewage backup was discovered at 684 Harvey Street. This
property is a medical office building. A blockage in the City main was determined to
cause the backup. The property is owned by the Oakview Partners and they have filed a
liability claim against the City of Muskegon for damages and costs associated with the
City main blockage. The claimants and MMRMA have agreed on a settlement of this
claim for $28,216.15. Over $13,750 of this claim is for clean-up with the balance for
building repairs. The dollar amount of this claim requires City Commission approval.
This claim will be paid from the City of Muskegon Retention Fund at MMRMA.
Motion by Commissioner Hood, supported by Commissioner German to approve
the claim in the amount of $28,216.15 as recommended by MMRMA.
ROLL CALL VOTE:
Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and Gawron.
Nays: None.
MOTION PASSES
Muskegon/Webster Traffic Signals.
This is a request to authorize staff to remove the current traffic signals per traffic control
orders #44-8 and remove on-street parking on Muskegon Avenue between Jefferson and
Terrace Streets and install permanent stop signs on the various adjoining cross-streets.
The financial impact is the cost of removal of traffic signals, pavement markings, and
manpower to install signs, if approved.
Comments were received from the audience. Some suggested that the Commission wait
until buffers are put into place before the traffic signals are removed.
Vice Mayor Spataro recommended adding additional on-street parking, bike lanes with
solid wide lines, and elimination of turn lanes.
Commissioner Hood stated that the City should not go outside of the warrants and that
traffic has already slowed with measurements that have been taken.
Commissioners German and Wierengo indicated they would like to put the traffic
calming measures into place first and then re-visit the removal of the five traffic signals
after seeing if the measures are effective.
Motion by Vice Mayor Spataro, supported by Commissioner Wierengo to put traffic
calming measures into place by eliminating turn lanes, extend on-street parking
where possible, add bike lanes from Muskegon and Webster Avenue between 9th
Street and Spring Street, prior to traffic signals being removed at Muskegon
Avenue at 7th Street, Webster Avenue at 7th Street, Muskegon Avenue at Jefferson
Street, Muskegon Avenue at Pine Street, and Muskegon Avenue at Spring Street.
ROLL CALL VOTE:
Ayes: Spataro, German, Wierengo, Turnquist, Gawron, and Hood.
Nays: Markowski.
MOTION PASSES
Pere Marquette Park Restaurant Proposals.
The City received proposals for the redevelopment of the former restaurant at Pere
Marquette Park. A committee reviewed the proposals and recommends that the City
accept the proposal submitted by Harris Hospitality.
Financial Impact: Significant investment will occur and jobs will be created.
Staff recommends to waive the submittal deadline requirement and authorize staff to
negotiate an agreement with Harris Hospitality, consistent with their proposal. Further, it
is recommended to authorize the Mayor and City Clerk to enter into an agreement with
Harris Hospitality once it is satisfactory to the City Attorney and City Manager.
A committee that included a City Commissioner and a neighborhood representative
reviewed the proposals, interviewed the companies’ representatives, and make this
recommendation.
Fred Sharman, of Harris Brothers, gave an overview. The proposal includes a soft serve
frozen yogurt shop within 60 days or less, add a beach rental supply store, family bar and
grill, and banquet facility.
Mr. Sharman indicated he believes he will need to start over with a new building.
Commissioner Markowski inquired about the proposal for a food truck.
Mr. Sharman stated it would be a very inexpensive advertising tool that would let people
know where they are located. They would be going up and down the beach offering food
at a lower price.
This item has been placed on the May 14, 2013 City Commission Meeting for
consideration.
EVIP Employee Compensation Policy.
Since the Economic Vitality Incentive Program (EVIP) was introduced in 2011,
requirements that the City must meet to comply with the program have been changed
several times. Some of the most important EVIP issues involve employee compensation
and benefit matters. The changing EVIP requirements have created confusion and
uncertainty among employees with regard to the City’s intentions and employees’ future
retirement planning.
The EVIP program replaced the former statutory revenue sharing program. EVIP
revenues currently amount to $1,033,845 annually for the City – contingent upon the City
fully complying with EVIP requirements. Failure to comply with EVIP program
requirements would mean loss of some or all of this funding.
This item has been placed on the May 13, 2013 City Commission meeting for
consideration.
Video Surveillance and Tasers.
Commissioner Turnquist inquired if the Commission may be interested in video
surveillance in the downtown area and tasers for police officers.
He indicated the downtown is completely wireless. There have been several incidences
in the news of late of the need for cameras for safety reasons.
Tasers are currently being used in Norton Shores, Roosevelt Park, North Muskegon, and
Muskegon Heights. He believes it would deter crime if City of Muskegon police officers
were equipped with tasers and the City should seek a grant for purchase.
City Manager Mazade cited some incidences when tasers have caused fatalities – they
might be the exception to the rule, but it should be considered.
Commissioner Hood would like to hear from Chief Lewis about the issue and his
feelings.
Vice Mayor Spataro stated he can not make a decision until he has read a lot of research
and make sure it’s the right decision.
Mayor Gawron directed staff to study and evaluate the use of tasers and video
surveillance and make a report at a future Worksession meeting.
City Manager Candidate Profile.
The City Commission reviewed the information proposed to be placed in the brochure
advertising a City Manager.
Some concerns were given regarding the education and experience required. Mr. Mazade
will work with the consultant to relay the information from the Commission and approve
the brochure for print.
Any Other Business.
Commissioner Markowski asked why the middle lighthouse at Pere Marquette is not
being promoted for people to visit.
It was explained that the lighthouse does not belong to the City and suggested she speak
to the owners of the lighthouse.
Commissioner Turnquist asked if there were any updates regarding the sighting of the
black bear seen by Cole’s Bakery. It is swimming to North Muskegon.
Public comment was accepted.
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Wierengo to adjourn at
8:11 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 14, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, May 14, 2013.
Mayor Gawron opened the meeting with a prayer from Rev. Bill Freeman from
the Harbor Unitarian Universalist Congregation after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Sue Wierengo, Byron Turnquist, Lea Markowski,
and Eric Hood, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Cummings.
2013-41 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the April 23rd City Commission
Meeting and the April 30th Special Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. EVIP Employee Compensation Policy. FINANCE
SUMMARY OF REQUEST: Since the Economic Vitality Incentive Program (EVIP)
was introduced in 2011, requirements the City must meet to comply with the
program have been changed several times. Some of the most important EVIP
issues involve employee compensation and benefit matters. The changing EVIP
requirements have created confusion and uncertainty among employees with
regard to the City’s intentions and employees’ future retirement planning. The
EVIP Employee Compensation Policy is intended to clarify the City’s approach
to achieving EVIP compliance.
FINANCIAL IMPACT: The EVIP program replaced the former statutory revenue
sharing program. EVIP revenues currently amount to $1,033,845 annually for
1
the City – contingent upon the City fully complying with EVIP requirements.
Failure to comply with EVIP program requirements would mean loss of some or
all of this funding.
BUDGET ACTION REQUIRED: No budget action is required.
STAFF RECOMMENDATION: Approval of the EVIP Employee Compensation
Policy.
C. Time Extension to Pay Outstanding Penalties on Sewer Account.
TREASURER
SUMMARY OF REQUEST: Management for the Comfort Inn is requesting
additional time to pay outstanding penalties.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval recommended.
F. Environmental Program Grass Cutting. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The contract for grass cutting of City-owned vacant
property located in the south McLaughlin neighborhood.
FINANCIAL IMPACT: None – funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve a two-year contract with Community
Encompass/YEP program and to authorize the Mayor and City Clerk to sign the
agreements, for the grass mowing of City-owned vacant property in the south
McLaughlin Neighborhood.
H. Emergency Response Plan. PUBLIC SAFETY
SUMMARY OF REQUEST: The City of Muskegon has elected to be incorporated
into the Muskegon County Emergency Management Program. By becoming
part of the county emergency management program, the City of Muskegon
and the County of Muskegon have certain responsibilities to each other. This
Support Emergency Operations Plan has been developed to identify the
responsibilities between the City of Muskegon and the County of Muskegon in
regards to pre-disaster emergency management activities.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution as presented.
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the
Consent Agenda with the exception of items D, E, and G.
2
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
German
Nays: None
MOTION PASSES
2013-42 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. Concession Contract for Concession Building at Pere Marquette Park.
PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a three-year
contractual agreement for 2013, 2014 and 2015 with Kenneth L. Huston II of
Amazing Gifts Direct, LLC for operating a Concession (“The Island” Concession)
at Pere Marquette Park.
FINANCIAL IMPACT: Contract revenue was $2,118 for the 2009 operating
season, $3,625 in 2010, $1,830 in 2011 and $1,296 in 2012.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW Staff to enter into a three-year
Concession Agreement with Kenneth L. Huston II of Amazing Gifts Direct, LLC for
a Concession in the Concession (restroom/lifeguard) Building at Pere Marquette
Park for 2013, 2014 and 2015.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
approve a three-year concession agreement with Kenneth L. Huston II for the
concession building at Pere Marquette Park for 2013-2015.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
Wierengo
Nays: None
MOTION PASSES
E. Dog Beach Wear/Dog Beach Surf Shop – Mobile Vending
Business/Concession Contract for City of Muskegon Parks. PUBLIC
WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement with Dan Bailey of Dog Beach Wear/Dog Beach Surf
Shop at Pere Marquette Park, located within the City of Muskegon, to sell towels,
shirts, lotion, boards, pails, inflatables and other various items as outlined in the
proposal, from a mobile van.
FINANCIAL IMPACT: Contract revenue will be 10% of gross receipts, per Mobile
Vending Business/Concession Contract.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW staff to enter into a one-year Mobile
3
Vending Business/Concession Contract with Dan Bailey of Dog Beach
Wear/Dog Beach Surf Shop.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
approve a one-year contractual agreement with Dan Bailey of Dog Beach
Wear/Dog Beach Surf Shop at Pere Marquette Park.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
Turnquist
Nays: None
MOTION PASSES
G. Ordinance to Add Electronic Reporting (Safe Reporting) for Resale
Licenses. PUBLIC SAFETY
SUMMARY OF REQUEST: Chapter 50, Licenses, Code of Ordinances of the City of
Muskegon is amended to include the following new Article VI concerning
electronic reporting for pawn brokers, second hand or junk dealers and precious
metal/gem dealers.
The purpose of this article is to improve the system of reporting to law
enforcement officials all items collected by pawn brokers, second hand dealers
and precious metal/gem dealers for the purpose of aiding law enforcement in
locating and retrieving stolen property.
Chapter 2, Section 2-204 of the Code of Ordinances, Schedule of Civil Fines, will
also be amended to reflect a violation of Sec. 50-203 shall result in a fine of $100
for the first offense, $250 for the first repeat offense and $500 for the second
repeat offense.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve both of the ordinances as presented.
Motion by Commissioner Markowski, second by Vice Mayor Spataro to approve
the two ordinance changes to add electronic reporting (Safe Reporting) for
resale licenses.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
Markowski
Nays: None
MOTION PASSES
2013-43 PUBLIC HEARINGS:
A. 2013 – 2014 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing of the 2013 – 2014 Action
4
Plan for public comments.
FINANCIAL IMPACT: Action Plan establishes the 2013-2014 Community
Development Block Grant and HOME budgets.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To receive comments about the proposed 2013 –
2014 Action Plan at the public Commission Meeting.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner German, second by Vice Mayor Spataro to close the
public hearing.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
Gawron
Nays: None
MOTION PASSES
B. Amendments to Downtown Development Plan – Terrace Point Landing,
LLC. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Downtown Development
Authority (DDA) Plan. The amendments are for the inclusion of property owned
by Terrace Point Landing, LLC in the DDA Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
a residential/commercial project will add to the future tax base of the City of
Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: A notice of the public hearing has been sent
to taxing jurisdictions, the MDEQ, MEDC, and the Michigan Strategic Fund, as
well as being published twice in MLIVE, mailed to all property owners within the
DDA and posted in 20 “conspicuous and public places” within the DDA. In
addition, the DDA Board approved the Plan amendment on April 9, 2013, and
further recommends that the Muskegon City Commission approve the Plan
amendment.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Hood, second by Commissioner Turnquist to close the
5
public hearing and approve the resolution for the Downtown Development
Authority Plan for the inclusion of property owned by Terrace Point Landing, LLC
in the DDA Plan.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION PASSES
C. Amendment to Brownfield Plan – Terrace Point Landing, LLC.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting the amendment for the Brownfield Plan. The
amendments are for the inclusion of property owned by Terrace Point Landing,
LLC in the Brownfield Plan.
FINANCIAL IMPACT: Brownfield Tax Increment Financing will be used to
reimburse the developer for “eligible expenses” incurred in association with
development of the Terrace Point Landing project. Terrace Point Landing, LLC
cost for the development of the property is approximately $12 million in private
investment, resulting in a substantial increase in the local and school taxes
generated by the property.
“Eligible Expenses” would be reimbursed starting in 2012, including the payment
of 5% interest annually. The estimated tax capture and payment schedule is
included as Attachment U-3 in the proposed Brownfield Plan Amendment.
After all eligible costs incurred by the various parties are reimbursed (estimated
to be in 2024), the BRA is authorized to continue to capture local taxes for five
more years for deposit into a Local Site Remediation Revolving Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for May 14, 2013 at their April 9, 2013, meeting. Since that time, a notice
of the public hearing has been sent to taxing jurisdictions. In addition, the
Brownfield Redevelopment Authority approved the Plan amendment on April 9,
2013, and further recommends that the Muskegon City Commission approve the
Plan amendment.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to close the
public hearing and adopt the resolution making the described amendments to
6
the Brownfield Plan and authorize the Mayor and Clerk to sign the resolution.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
2013-44 NEW BUSINESS:
A. Agreement for Transportation Services with Wakefield Corporation to
Provide Senior Transit Services. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize the Mayor and City Clerk to sign the
agreement for transportation services for senior transit services with Wakefield
Corporation out of Muskegon. The proposed agreement is for a one-year term
starting the first of July, 2013 and ending at the end of June 2014.
FINANCIAL IMPACT: The estimated cost for the proposed agreement is $44,000;
$40,000 of which to subsidize up to 8,000 rides for the City’s senior citizens and
the remaining amount is to cover staff’s cost of administering the program.
BUDGET ACTION REQUIRED: Should this request be approved, it will have to be a
part of the proposed 2013/2014 budget.
STAFF RECOMMENDATION: Authorize the Mayor and Clerk to sign the
agreement and direct staff to incorporate into the 2013/2014 budget.
Motion by Commissioner Markowski, second by Commissioner Wierengo to
approve the agreement for transportation services with Wakefield Corporation to
provide senior transit services.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
German
Nays: None
MOTION PASSES
B. Reclassification of Water Filtration Plant Supervisor Position. PUBLIC
WORKS
SUMMARY OF REQUEST: Change the classification of the Filtration Plant
Supervisor Position from Range IIIB Range IIIA. The requested change, if
approved, we feel will enhance the City’s ability to attract more qualified
candidates to fill the soon to be vacant position as a result of the resignation of
current supervisor.
FINANCIAL IMPACT: An increase of $5,485 per year which is the difference
between Range IIIB ($55,998 - $74,664) and IIIA ($60,234 - $80,149).
BUDGET ACTION REQUIRED: None at this time.
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STAFF RECOMMENDATION: Approve the reclassification of the Filtration Plant
Supervisor Position from Range IIIB to Range IIIA.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the reclassification of the Filtration Plant Supervisor position from Range IIIB to
Range IIIA.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
Wierengo
Nays: None
MOTION PASSES
C. Special Event Request Coast West Music Festival. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Festival Group of Muskegon County has filed a
special event application for the first “Coast West Music Festival” to be held at
Heritage Landing, July 1-6, 2013. There is one request on their application that
requires City Commission approval, and that is to keep one of the beer tents
open until midnight, rather than 11:00. They will still turn the music off at 11:00 to
comply with the noise ordinance. The later closing time will allow time for
people to leave gradually, rather than a mass of people at once, when the
music ends.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to authorize
the request to keep one of the beer tents open until midnight with the proviso
that the music be turned off at 11:00 and that Coast West complies with the noise
ordinance.
ROLL VOTE: Ayes: None
Nays: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
Markowski
MOTION FAILS
D. New Neighborhood Enterprise Zone District. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To establish a new Neighborhood Enterprise Zone (NEZ)
district within the City limits. The new location is at the Terrace Point
Condominium project site. Properties located in NEZ districts are eligible to
apply for NEZ certificates, which will lower the property taxes with new
construction.
8
FINANCIAL IMPACT: For those properties that are approved for a Neighborhood
Enterprise Zone Certificate, taxation will be 50% of the State average for up to 12
years, depending on investment levels.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the new NEZ district.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the new Neighborhood Enterprise Zone district as described.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
Gawron
Nays: None
MOTION PASSES
E. Pere Marquette Park Restaurant Proposals. CITY MANAGER
SUMMARY OF REQUEST: The City received proposals for the redevelopment of
the former restaurant at Pere Marquette Park. A committee reviewed the
proposals and recommends that the City accept the proposal submitted by
Harris Hospitality.
FINANCIAL IMPACT: Significant investment will occur and jobs will be created.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To waive the submittal deadline requirement and
authorize staff to negotiate an agreement with Harris Hospitality, consistent with
their proposal. Further, authorize the Mayor and City Clerk to enter into an
agreement with Harris Hospitality once it is satisfactory to the City Attorney and
City Manager.
COMMITTEE RECOMMENDATION: A committee that included a City
Commissioner and a Neighborhood Representative reviewed the proposals,
interviewed the companies’ representatives, and makes this recommendation.
Motion by Commissioner Markowski, second by Commissioner Wierengo to
waive the deadline for submittal of proposals and award to Harris Hospitality
Group and authorize City Manager and City Attorney to negotiate an
agreement and authorize Mayor and City Clerk to execute it.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION PASSES
2013-45 ANY OTHER BUSINESS:
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A. Consultant for City Manager Recruitment.
Motion by Vice Mayor Spataro, second by Commissioner German to designate
City Attorney to be contact person between City and Consultant for the
remainder of the recruitment process.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:13 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
10
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: May 28, 2013
SUBJECT: Gnarley Varley’s Righteous Cuisine-Mobile Vending Business/Concession
Contract for City of Muskegon Parks.
SUMMARY OF REQUEST:
Staff is asking permission to enter into 1-year contractual agreement with Nicolas Mika of
Gnarley Varley’s Righteous Cuisine at Pere Marquette Park, located within the City of
Muskegon, to sell various food items as outlined in their proposal, from a mobile food truck.
FINANCIAL IMPACT:
Contract revenue will be 10% of gross receipts, per Mobile Vending Business/Concession
Contract.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize DPW staff to enter into a 1-year Mobile Vending Business/Concession Contract with
Nicolas Mika of Gnarley Varley’s Righteous Cuisine.
COMMITTEE RECOMMENDATION:
Currently D/B/A Gnarley Varley’s Righteous Cuisine.
Muskegon, Pere Marquette Beach Proposal
The Coffee House Mobile Cafe is a State of Michigan licensed STFU
gourmet food truck that is licensed through Kent County Health Department.
The business partnership of Nicolas Mika, owner of The Coffee House and
Cafe and Matt Varley, owner of Gnarley Varleyʼs Righteous Cuisine, wishes
to vend the following menu on the days and times specified at Pere
Marquette, and possibly the surrounding beaches, Summer 2013.
food menu Location
Pork Taco $3 The Parking Lot off Beach Street (or directly
cocoa smoked pork shoulder, pineapple relish, on a parking space on Beach Street if
guajillo sauce, queso, cilantro. parking lot is full or occupied by another
vendor(s).
Chicken Taco $3
cocoa chicken, tomatillo relish, queso, cilantro.
Hours: 11am-6pm, Saturdays & Sundays.
June 2013 - Sept 1, 2013.
Kale & Quinoa Taco $3
caramelized cebollita onions, braised black beans,
coconut crema, cilantro, pumpkin seeds.
Gourmet Nachos $5
Choice of meat, queso quesadilla, tomatilla relish,
salsa roja & verde, cilantro onion
drink menu
All Natural Fruit Smoothies $4
Coffee Frappuccinos $5
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: May 28, 2013
SUBJECT: Fatty Lumpkins Sandwich Shack-Mobile Vending Business/Concession Contract
for City of Muskegon Parks.
SUMMARY OF REQUEST:
Staff is asking permission to enter into 1-year contractual agreement with Brett Gilbert of Fatty
Lumpkins at Pere Marquette Park, located within the City of Muskegon, to sell various food
items as outlined in their proposal, from a mobile “Special Transitory Food Unit”.
FINANCIAL IMPACT:
Contract revenue will be 10% of gross receipts, per Mobile Vending Business/Concession
Contract.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize DPW staff to enter into a 1-year Mobile Vending Business/Concession Contract with
Brett Gilbert of Fatty Lumpkins.
COMMITTEE RECOMMENDATION:
SIDES
We feature a varying selection of delicious
deli salads and other homemade edibles.
TOP QUALITY CATERING
Stop in to check out what’s in our case today!
DIRTY Potato Chips - Assorted Flavors
SUNCHIPS - Assorted Flavors
®
Let Fatty Lumpkins bring our delicious
DELI-CIOUS DILLS - Awesome Dill Pickles
®
edibles to you for your next family function,
office party or event!
MEAT & CHEESE BY THE POUND SLICED
FRESH TO ORDER!
For more information about catering
.
options, Business Boxed Lunches and
BEVERAGES
event planning please call or stop by!
Fountain Sodas
Pepsi, Diet Pepsi, Mountain Dew, Dr. Pepper,
Orange & Sierra Mist. Free Refills.
Old School Bottles & Cans
We offer a variety of unique bottled and canned
beverages. Ask about today’s selections!
Fresh Brewed Iced Tea
Ask about our daily flavors!
Lemonade
Ask about our daily flavors!
971 Washington Avenue
Bottled Water
Muskegon, MI 49441
Fresh Brewed Coffee (231) 760-4382
Regular or Decaf. (231) 760-4392
HOURS
Mon - Sat 11am - 3pm
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THE REUBEN FAMILY TREE
ITALIAN HOAGIES OL’ GILLY‘S CLASSIC
$6.79
shaved corned beef, baby swiss, saurkraut, and 1000
FATTY’S CLASSICS & GOURMET SPECIALTIES
Our original Italian Hoagies are served island or russian dressing on toasted light rye
on delicious fresh baked rolls. Try one
and you’ll be hooked! DIRTY D’S RUSSIAN
top round roast beef, baby swiss, homemade coleslaw
$6.79
HOW NOW BROWN COW
HOW NOW BROWN COW
O
$6.79
and 1000 island or russian dressing on toasted light rye
top round roast beef creamy horshradish sauce,
op round roast beef, creamy horshradish sauce,
All hoagies are served on your choice
hor erad sh cheddar, tomato, onion and arugula
horseradish cheddar tomato, on on and arugu a
m
of white or wheat rolls. We recommend BERT’S BEACH
on a fresh bakery roll
fresh bake y rol
provolone cheese but offer a wide array shaved turkey breast, baby swiss, homemade coleslaw
of delicious cheese selections. and 1000 island or russian dressing on toasted
$6.79
$6.79
SKY HIGH PASTRAMI ON RYE
SKY HIG PASTRAM ON RY
GH light rye
Topping choices include: Lettuce, Tomato,
hot, th n s iced pastram , choice of brown or
ot, thin sliced pastrami, ho ce brown or
m w
Onion, Pickle, Sweet Pepper Blend, Hot yel ow mustard on light rye
yellow musta d on light ryey
Pepper Blend, Oil & Vinegar, Salt & Pepper s bs itu e corned beef
substitute co ned beef
SALADS
add b by sw s $.99
and Oregano. add ba swiss
baby wi
Small Large
$6.29
WHAM BAM THANK YOU HAM
HAM BAM THANK YOU HAM
$5.99
CAESAR
thin l ced tavern ham, ed onion, granny smith
thin sliced tavern ham, red onion, g anny smith
Gennaro’s Italian Stallion “THE ORIGINAL”
$6.99 $8.99 fresh romaine and arugula, parmesan, cherry
apple, baby sw s , arugula, mayo, honey-dijon
apple, baby swiss, arugul , mayo, ho ey-d on
p on
Salami, Ham, Garlic Bologna & Cheese tomatoes, homemade croutons and cracked
mustard on mult grain
musta d on multigrain
black pepper served with our caesar dressing
$6.99 $8.99 $6.29 $1.59
Top Round Roast Beef & Cheese add shaved chicken breast or turkey
K. C.’S KICKIN’ CHICKEN
K C.’S KICKIN CHICKEN
N’
shaved blazin’ buffa o ch c en b ea t provo one
haved blazin’ buffalo chicken breast, provolone
$6.99
$6.99 $8.99 BUFFALO CHICKEN
Salami & Cheese cheese, ettuce red onio and hot peppers wi h
cheese, lettuce, red onion and hot peppers with
on w
romaine, blazin’ buffalo chicken breast, celery,
bleu cheese or ranch dressing on a hoagie roll
b eu cheese or ranch d ess ng on hoag e roll
dr
tomato, red onion, buffalo hot sauce drizzle
The “FATTY”.....It’s a BIG ONE!
$7.29 $9.79 served with bleu cheese dressing
$6.29
CLUCKY YOU
CLU KY YOU
UC
Roast Beef, Ham, Turkey & Cheese
$6.99
ovengold chicken breast, dill havart , lettuce,
vengold chi ken breast, d ll havarti, e tuce
FATTY’S CHEF
tomato cucumber, sprouts, m
tomato, cucumber sp ou s mayo and honey
m o, mayo and honey
$6.59 $8.79 romaine, tomato, hard-boiled egg, cucumber,
Turkey & Cheese mustard on mu t grain
musta d on multigrain crumbled bacon, shredded cheddar, shaved
ham and turkey with choice of dressing
$6.99 $8.99 $5.99
Salami, Turkey & Cheese
$6.99
TAM O’S TENAC OU TLC
TAMI O’S TENACIOUS TLC
M CIOUS
CAPRESE
pepperjack, lettuce, tomato, red onion, cucumber
epperjack, let uce, tomato, ed on on, cucumber,
$5.99 $7.99
Ham & Cheese sliced vine ripened tomato, fresh mozzarella,
sprouts, herb mayo and mus ard on mult grain
sprouts, herb mayo and m
o mustard on mmultigrain
red onion, pesto, balsamic vinegar & olive oil
$6.29
$4.99 $6.99 drizzle, shaved parmesan and cracked black
HAMMY SOME SALAMI
HAMMY SOME SA AMAL
Veggies & Cheese
salami, ham, provolone peppero c n s red onion
l mi ham, provolone, pepperoncinis, red onion,
m on pepper over dressed arugula
lettuce, oma o and tal an dressing on t l an
lettuce, tomato and italian d e s ng on italian
$6.99
sourdough
sourdough TL’S GREEK ISLAND
romaine, feta, tomato, red onion, kalamata
$5.99
E.L.T...PHONE HOME
L T .PHONE HOME
olives, cucumber, pepperoncini, homemade
ou delicious homem de egg salad w th fresh
ur de icious homemade egg sa ad with resh
mema
croutons, fresh cracked pepper served with
lettuce and tomato
lettuce and tomato on a toasted bakery bun
mo toasted bakery bun
greek vinaigrette
$6.99
$6.29
CH X LOVE SALAD
CHIX LOVE SALAD
TURKEY WALDORF
our homem de chicken salad w granny smith
our homemade chicken salad with granny smi h
m with y
romaine, shaved turkey breast, granny smith
app es, pecans nd scallions on toasted multigrain
apples, pecans and scall ons on toas ed mu t gra n
apples, seedless grapes, pecans and crumbled
$MKT bleu cheese served with balsamic vinaigrette
THE “INSERT YOUR NAME HERE” SPECIAL
“ NSERT YOUR NAME HERE” SPEC AL
any bread, any meat, any cheese, any opp ngs,
any bread any meat any cheese any toppings,
$6.99
APPLE PECAN CHICKEN
any time! Just ask us we will be happy to make
any t me Just ask us & we wil be happ to make
py
homemade chicken salad over a bed of mixed
your sandw ch special to o der
your sandwich pecial or
w order!
greens with a side of fresh fruit
Date: May 28, 2013
To: Honorable Mayor and City Commission
From: DPW – Water Filtration
RE: Consumers Energy Rate Case – Municipal
Coalition Participation
SUMMARY OF REQUEST:
Authorize participation in the Consumers Energy Rate Case Municipal Coalition
coordinated by the Michigan Municipal League.
FINANCIAL IMPACT:
$833.25 Contribution
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to make the financial contribution of $833.25 to the legal defense
arguing against the most recent request for a rate increase by Consumer.
Date: 5/28/13
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Cemetery Utility Cart
SUMMARY OF REQUEST:
Authorize staff to purchase one (1) Kioti Mechron utility cart from J&J Farms, the lowest
qualified Bidder. This machine will replace the 1995 model currently being used.
FINANCIAL IMPACT:
$9,000 minus $500 trade in for old model for a total of $8,500
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase one (1) Kioti Mechron utility cart From J&J Farms.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Cemetery Utility cart.doc
Date: May 28, 2013
To: Honorable Mayor and City Commission
From: Dept. of Public Works
RE: Grant agreement Addendum – Grand Trunk Boating Access
SUMMARY OF REQUEST:
Adopt the attached resolution and authorize the mayor and clerk to sign the agreement
amendment between the City and MDNR reflecting the acceptance of the grant based on
actual costs; the dredging was completed earlier this month.
FINANCIAL IMPACT:
$89,623.44.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Adopt the resolution and authorize the mayor and clerk to sign the agreement.
COMMITTEE RECOMMENDATION:
Date: May 28, 2013
To: Honorable Mayor and City Commission
From: Dept. of Public Works
RE: Grant agreement with the Dept. of Natural Resources for dredging
Cottage Grove Launch Ramp and Hartshorn Marina
SUMMARY OF REQUEST:
Adopt the attached resolution and authorize the mayor and clerk to sign the attached grant
agreement with the Dept. of Natural Resources for the dredging work necessary at the
large and small boat basins of Hartshorn Marina, and at Cottage Grove launch ramp.
FINANCIAL IMPACT:
$175,000 dollars.
BUDGET ACTION REQUIRED:
None at this time, project will be incorporated into the 2013/2014 budget.
STAFF RECOMMENDATION:
Authorize the mayor and clerk to sign the agreement.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: May 21, 2013
Date: May 23, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Parcel in Seaway Industrial Park
SUMMARY OF REQUEST:
To approve the sale of Lot #7 in Seaway Industrial Park (see attached map) to Schultz
Transport, Inc., 421 Delano Ave, Muskegon, MI 49444. The company will utilize the new
land in its plans to expand its lawn care services. The lots will be combined and the new
land will be used for mulch and other lawn care storage.
FINANCIAL IMPACT:
The sale of this lot, while located in a Renaissance Zone, will still generate City of Muskegon
income tax.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the lot sale.
COMMITTEE RECOMMENDATION:
None
5/23/2013
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY of Muskegon, a municipal
corporation, of 933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS TO: James Schultz, a married man, of 421 Delano Ave, Muskegon, MI
49444
The following described premises situated in the City of Muskegon, County of
Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON COM AT THE SE COR OF THE NW FRL 1/4 SEC 31 T10N R16W TH N 00D
00M 00S E 644.09 FT ALG E LN OF SD NW FRL 1/4 TH S 89D 39M 32S W 672.43 FT ALG S LN
OF YOUNG & WILLIAMS ADDN FOR POB TH S 00D 00M 00S E 199.24 FT ALG THE EXTND W LN
OF SD YOUNG & WILLIAMS ADDN TH N 33D 25M 49SW 395.38 FT ALG NE R/W LN OF CSX RR
TH N 89D 40M 00S E 217.83 FT TH S 00D 00M 00S W 132.00 FT ALG SD W LN OF YOUNG &
WILLIAMS ADDN TO POB
For the sum of: $6,000
Commonly known as: Lot 7 of Seaway Industrial Park
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.505(h)(i) and MCLA 207.526 Sec. (h)(i).
Dated this __________day of ________________, 20___.
Signed in the presence of : CITY OF MUSKEGON
____________________ By:________________________
Stephen Gawron, Its Mayor
____________________ and:________________________
Ann Cummings, City Clerk
Commission Meeting Date: May 28, 2013
Date: May 20, 2013
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Extension for Realtor and Title Company
Procurement Contracts for CNS
____________________________________________________________________________________________
SUMMARY OF REQUEST: To extend the Procurement Contract to December 31,
2013 for Greenridge Realty and Lighthouse Title Company to be used by the City
of Muskegon Community and Neighborhood Services office. By granting the
extension, the expiration dates will coincide with the other procurement contracts.
FINANCIAL IMPACT: The awards for the realtor or title company will be paid
through the sale of homes originally established under: HOME or NSP1.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the extension of the Procurement
Contracts for Greenridge Realty and Lighthouse Title Company for the Community
and Neighborhood Services office.
COMMITTEE RECOMMENDATION: None required.
Commission Meeting Date: May 28, 2013
Date: May 20, 2013
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: HOME Consortia Application
SUMMARY OF REQUEST: The CNS Department is requesting
authorization for the City of Muskegon to submit an application as the
lead agency for a HOME Consortium as evidenced through a signed
agreement with the cities of Muskegon Heights, Norton Shores, and
Roosevelt Park. The application to participate as HOME Consortia will
be submitted to the Department of Housing and Urban Development in
June, 2013.
The City Commission is also asked to direct the Mayor to sign a
resolution for the HOME Consortium to support the agreement.
FINANCIAL IMPACT: The 2014 HOME allocations will be based on
HUD’s decision to approve the HOME Consortia application.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To enter into an agreement between the
cities of Muskegon Heights, Norton Shores, and Roosevelt Park to form
a HOME Consortia from the City of Muskegon’s HOME Investment
Partnership Program.
COMMITTEE RECOMMENDATION: None
MUSKEGON INTERLOCAL AGREEMENT CONCERNING HUD HOME
INVESTMENT PARTNERSHIP ACT PROGRAM CONSORTIUM
THIS INTERLOCAL AGREEMENT is made and entered into at Muskegon, Michigan
by and between the cities of Muskegon Heights, Norton Shores, Roosevelt Park, and Muskegon,
political subdivisions in the State of Michigan, here in after referred to as “Cities”. This
agreement is effective beginning July 1, 2014.
WHEREAS, the National Affordable Housing Act of 1990 has authorized the HOME
Program to provide financial Assistance through the U.S. Department of Housing and Urban
Development, herein after referred to as “HUD”, to local governments for the production of
affordable housing and
WHEREAS, the cities of Muskegon Heights, Norton Shores, Roosevelt Park, and
Muskegon, Michigan Municipal Corporations, wish to receive funds through the HOME
Investment Partnership Program for the purpose of increasing the availability of affordable
housing for the irrespective jurisdictions and for the mutual benefit of the areas; and
WHEREAS, the HOME Investment Partnerships Act authorized a consortium of
geographically contiguous units of general local government for the purpose of becoming a
participating jurisdiction in the HOME Program; and
WHEREAS, the Michigan Constitution of 1963, Article 7, § 28 and the Urban
Cooperation Act of 1967, Act No. 7 of the Public Acts of 1967, Ex. Sess., being MCL 124.501 et
seq. of the Michigan Compiled Laws (“Act 7”) permit a political subdivision to exercise jointly
with any other political subdivision any power, privilege or authority which such political
subdivisions share in common and which each might exercise separately; and
WHEREAS, it is the intent of the Cities to utilize the power and authority pursuant to Act
7 by the execution of this agreement; and
W HEREAS, the City of Muskegon and the other local units of government identified
herein are geographically contiguous localities; and
W HEREAS, on March 1, 2013 the City of Muskegon notified HUD of its intent to form
a HOME Consortium and act as "lead entity" on behalf of the participating area governments;
and
NOW THEREFORE, in consideration of the foregoing and mutual covenants herein
after contained, it is agreed between the Cities as follows;
1. To establish the Muskegon HOME Consortium for the purpose of qualifying as a
participating jurisdiction for receipt of federal funds through the HOME
Investment Partnership Program.
2. The Cities agree to cooperate to undertake or to assist in undertaking housing
assistance activities for the HOME program.
3. The City of Muskegon shall act in the role of Lead Agency and act in a
representative capacity for all member units of general local government and shall
Muskegon HOME Consortium Agreement
assume overall responsibility for ensuring that the Consortium's HOME Program
is carried out in compliance with federal rules, regulations and requirements of the
HOME Program, including requirements for a Consolidated Plan.
4. The Cities agree to affirmatively further fair housing.
5. The Cities agree that the program year start date, pursuant forth is agreement, shall
be July 1, 2014 for the qualification periods FY2014, 2015, and 2016. The parties
further agree that all member units of local government are currently on the same
program year for HUD formula grant programming including CDBG, HOME, and
ESG, as applicable. Provided that this provision shall apply only to member units
of local governments which are direct recipients, such as with the CDBG
Entitlement Program, rather than sub-recipients through state administered HUD
programs.
6. The Cities agree that the term of this agreement shall be that period of time
necessary to expend all HOME funds on eligible activities from funds awarded for
the period of three federal fiscal years commencing with the 2014 federal fiscal
year. Further provided that all parties are prohibited from withdrawing from the
Cooperation Agreement prior to June 30, 2017
7. The Cities agree that this Agreement will renew automatically at the end of the
three- year qualification period and each subsequent three-year qualification
period, unless the City of Muskegon or the participating unit of general local
government provides written notice it elects not to participate in a qualification
period. By the date specified in HUD’s consortia designation notices or listed on
HOME’s Consortia web page, the City of Muskegon will notify each participating
unit of general local government in writing of its right to not participate forth
successive three-year qualification period. A copy of the notifications shall be
sent to the HUD Field Office.
8. The Cities agree to adopt any amendment(s ) to this Agreement incorporating
changes that are necessary to meet HUD requirements for consortia cooperation
agreements set forth in any future consortia designation notices that apply to a
subsequent three-year qualification periods ;and to submit such amendment(s) to
HUD and that failure of the City of Muskegon to notify consortium members and
to submit amendments to HUD shall void the automatic renewal provision for such
qualification period.
9. The City of Muskegon, as Lead Agency, is authorized to amend the agreement to
add new members on behalf of the entire consortium subject to the Consortium’s
Place Making strategies, policies, and procedures. The City of Muskegon will
notify all members in the event that any new members are added, pursuant to this
provision and according to the HUD CPD Notice.
SECTION 1. PURPOSE
This Agreement is entered into for the purpose of meeting the criteria as established in 24 CFR
2
Muskegon HOME Consortium Agreement
Part 92 allowing the Cities to function as a consortium as defined in the HUD HOME Investment
Partnership Program Regulations, specifically cited as 24 CFR Part 92 101. This arrangement
mutually benefits the parties to this agreement through enhancement of the quality of life for the
local citizenry and advancement of the common housing goals shared by the jurisdictions. The
Cities agree to cooperate to undertake or to assist in planning and implementing housing
assistance activities for the H OME Program.
a. The Cities agree to assist the Lead Agency in maintaining compliance with the Act,
the Regulations, and the State and Federal Program Requirements for the full
compliance period, extending to and continuing beyond the expiration of this Agreement.
SECTION 2. MEMBERS OF CONSORTIUM
The Cities of Muskegon Heights, Norton Shores, Roosevelt Park, and Muskegon, Michigan are
the members of the Consortium and upon mutual execution of this Agreement by the parties, the
“Muskegon HOME Consortium,” herein after referred to as “Consortium”, shall be formed. The
members shall remain bound by the terms and conditions of this Agreement for its duration, and
shall be prohibited from withdrawing from the Consortium during such period, except as
provided for in Section 8 of this Agreement. The Consortium Agreement remains in effect until
the HOME funds from each of the Federal fiscal years of the qualification period are expended
for eligible activities. No consortium member may withdraw from the Agreement while the
Agreement remains in effect.
SECTION 3. STATUS OF CONSORTIUM
The Consortium shall be considered a unit of local government for purposes of the HOME
Investment Partnerships Act upon designation by HUD.
SECTION 4. LEAD AGENCY
The City of Muskegon shall be the member unit of government authorized to act in a representative
capacity with respect to HUD on behalf of all members of the Consortium. The City of Muskegon
shall only be a representative of the Consortium for the purposes established in this agreement and
shall be the lead entity having overall responsibility for ensuring the Consortium’s HOME Program
is carried out in compliance with requirements of the HOME Program, including requirements
concerning a Consolidated Plan in accordance with HUD regulations in 24 CFR Parts 92 and 91,
respectively, and the requirements of 24 CFR Part 92.350. No party shall have veto power as to the
implementation of the Consortium Consolidated Plan, herein after referred to as the “Consolidated
Plan”, and the parties agree to act in cooperation to achieve the goals established in the
Consolidated Plan. The Lead Agency shall also develop policies and procedures for the
implementation of the Consortium activities.
SECTION 5.CONSOLIDATED PLAN
The Cities shall cooperate in the preparation of the Consolidated Plan, which shall apply to the
3
Muskegon HOME Consortium Agreement
Cities and which shall meet the requirements of applicable Federal Regulations.
SECTION 6. ALLOCATION OF FUNDING
Allocation of HOME funds allowed for administration, shall be based on the existing HOME
funds percentage allocation process with respect to the annual HOME allocation provided by the
U.S. Department of Housing and Urban Development for the Consortium, except that the City of
Muskegon as lead entity shall be entitled up to ten (10%) of the HOME funds allowed for
administration. The implementation of the Consolidated Plan and the allocation of Federal
HOME funding associated with shall be established by written memoranda issued by the City
of Muskegon through its authorized representative. The Cities shall be responsible for
administering, respectively, the HOME Program funds distributed to each. The Consortium
members reserve the right to alter the distribution of funds between the jurisdictions by mutual
approval in writing and based on the consortium Place Making strategy and criteria developed in
the Consortium’s policies and procedures.
SECTIONS 7. CERTIFICATIONS
The Cities certify that each will cooperate with the other to undertake or aid in undertaking
housing assistance activities for the HOME Investments Partnerships Program and that each will
affirmatively further fair housing. Further, the Cities will comply with the requirement of the
Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as
amended, implementing regulations of 49 CFR Part 24, and here requirements governing the
residential anti-displacement and relocation assistance plan under section 104 (d) of the Housing
and Community Development Act of 1974.
SECTION 8.TERMOFAGREEMENT
This Agreement shall be effective for a period of three federal years (Fiscal Years 2013, 2014,
and 2 0 1 5 ). This agreement shall be automatically renewed for subsequent three year
qualification periods, unless any member of the Consortium provides written notice of their
decision not to participate in a new three-year qualification period.
The members hereby stipulate to adopt any amendments to the Agreement that incorporate future
changes necessary to meet the requirements for consortia Agreements in subsequent qualification
periods. The consortium requires the signatures of all members to approve any amendment to the
Agreement.
All units of local government that are members of the consortium will be on the same program
year (July1 through June 30) for Community Development Block Grant CDBG and HOME.
Note, this requirement relating to the same program year does not pertain to any grants
Consortium members may receive independently from the State of Michigan. The program years
would be dictated by the State.
The Lead Agency shall by the date specified in HUD’s Consortia Qualification Notice for
subsequent qualification periods, notify the other Cities in writing of the right not to participate in
4
Muskegon HOME Consortium Agreement
the Consortium. Failure of the Lead Agency to notify consortium members and to submit
amendments to HUD will void this automatic renewal provision. The automatic renewal
provision will not apply when the consortium adds a new member.
SECTION 9. LIABILITY
Subject to any claim of sovereign immunity and the financial limits of liability set forth by
Michigan Statutes, each member of the Consortium shall be fully liable for the acts and omissions
of its respective employees and agents in performance of this agreement. Any resulting
liabilities, omissions, errors, or actions providing cause for payment from non-HOME funds or
the required repayment of HOME funds to the U.S .Department of Housing and Urban
Development as a result of ineligible expenditures, and all costs related there to shall not be the
specific responsibility of the non-offending members.
SECTION 10. EMPLOYEE STATUS
Persons employed by the Lead Agency who perform services or functions pursuant to this
agreement shall not be deemed to be employees of the other governmental entities. The Cities
shall remain obligated to provide the irrespective employees with worker’s compensation
protection, salary and pension benefits, civil services or other employee rights and privileges.
SECTION 11. NOTICES
Formal notices issued under the terms of this agreement shall be sent, by U.S. Mail as follows:
City of Muskegon
________ (Title)
_
City of Muskegon Heights
___________(Title)
City of Roosevelt Park
City of Norton Shores
(Title)
(Title)
_______
_
5
Muskegon HOME Consortium Agreement
SECTION 12. AUTHORIZING
RESOLUTIONS/ATTORNEY
CERTIFICATIONS
EXHIBIT I includes authorizing resolutions as approved by the members of the Consortium and
is incorporated herein as part and parcel of this agreement. The certification of legal counsel as
to the legal authority for the members to undertake activities described in this agreement is
affixed to this agreement.
SECTION 13. COMPLIANCE WITH FEDERAL REGULATIONS
The Cities agree to comply with the regulations governing the HOME program and other
crosscutting federal regulations including but not limited to environmental review, lead based
paint testing and abatement, Davis Bacon and labor standards. Such compliance shall be the
responsibility of and coordinated by the Lead Agency.
SECTION 14. LIMITATIONS OF AGREEMENT
It is not the intent of this agreement to alter the independent jurisdiction of the Consortium
members in any manner except as specified herein. All other policies, rules, regulations, and
ordinances of the respective parties shall continue to apply within the jurisdictional boundaries
of each party and shall not be impacted by the execution of this agreement.
IN WITNESS WHEREOF, the parties have executed or have caused this Agreement to be duly
executed in several counterparts, each of which counterpart shall be considered an original
executed copy of this Agreement, effective the day and year first written above and are to be
executed by their duly authorized officers.
Chairperson, City Council Date
Muskegon, MI
ATTEST:
City Clerk
STATEMENT OF THE CITY ATTORNEY
I do hereby, certify that the terms and provisions of the Consortium Cooperation Agreement are
fully authorized under state and local law, and that the Agreement provides full legal authority
for the Consortium to undertake or assist in undertaking housing assistance activities for the
HOME Investment Partnership Program.
Approved: __________________
City Attorney
6
Muskegon HOME Consortium Agreement
Date of Approval
CONSORTIUM MEMBERS
1. City of Muskegon Heights
Michigan Municipal Corporation
By:
Name and Title:
Attest:
Name and Title:
Date:
I do hereby, certify that terms and provisions of the Consortium Corporation Agreement are
fully authorized under state and local law, and that the Agreement provides full legal authority
for the Consortium to undertake or assist in undertaking housing assistance activities for the
HOME Investment Partnership Program.
, City Attorney
City of Muskegon Heights
Michigan Municipal Corporation
By:
Name and Title:
Attest:
Name and Title:
Date:
7
Muskegon HOME Consortium Agreement
2. City of Norton Shores
Michigan Municipal Corporation
By:
Name and Title:
Attest:
Name and Title:
Date:
I do hereby, certify that terms and provisions of the Consortium Corporation Agreement are
fully authorized under state and local law, and that the Agreement provides full legal authority
for the Consortium to undertake or assist in undertaking housing assistance activities for the
HOME Investment Partnership Program.
,City Attorney
City of Norton Shores
Michigan Municipal Corporation
By:
Name and Title:
Attest:
Name and Title:
Date:
8
Muskegon HOME Consortium Agreement
3. City of Roosevelt Park
Michigan Municipal Corporation
By:
Name and Title:
Attest:
Name and Title:
Date:
I do hereby, certify that terms and provisions of the Consortium Corporation Agreement are
fully authorized under state and local law, and that the Agreement provides full legal authority
for the Consortium to undertake or assist in undertaking housing assistance activities for the
HOME Investment Partnership Program.
, City Attorney
City of Roosevelt Park
Michigan Municipal Corporation
By:
Name and Title:
Attest:
Name and Title:
Date:
9
Muskegon HOME Consortium Agreement
4. City of Muskegon
Michigan Municipal Corporation
By:
Name and Title:
Attest:
Name and Title:
Date:
I do hereby, certify that terms and provisions of the Consortium Corporation Agreement are
fully authorized under state and local law, and that the Agreement provides full legal authority
for the Consortium to undertake or assist in undertaking housing assistance activities for the
HOME Investment Partnership Program.
,City Attorney
City of Muskegon
Michigan Municipal Corporation
By:
Name and Title:
Attest:
Name and Title:
Date:
10
MUSKEGON CITY COMMISION
Resolution
APPROVING PARTICPATION IN THE MUSKEGON HOME CONSORTIUM
AND AUTHORIZING THE MAYOR STEPHEN J. GAWRON TO EXECUTE A
HOME INVESTMENT PARTNERSHIP ACT CONSORTIUM AGREEMENT.
WHEREAS, the National Affordable Housing Act of 1990 created the HOME
Investment Partnership Program; and,
WHEREAS, the Act provides that units the general local government that are
geographically contiguous may form a consortium the purpose of qualifying for a HOME
formula grant allocation; and,
WHEREAS, The City of Muskegon, desires to enter into a legally binding
Corporation Agreement with other contiguous local governments in the Muskegon area.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the
City of Muskegon approves participation of the City of Muskegon in the Muskegon
HOME consortium.
BE IT FURTHER RESOLVED that the City of Muskegon authorizes the Mayor Stephen
J. Gawron to execute the Muskegon HOME Consortium Agreement.
Ayes: Nays: Absent: Adopted this ___ day of _________
_____________________________
Stephen J. Gawron, Mayor
City of Muskegon, Muskegon, MI
Attest
____________________________
Ann Marie Cummings, City Clerk
Date: May 28, 2013
To: Mayor and City Commission
From: Dept. of Public Works‐Director
RE: 2013/14 Water Treatment Chemicals Bids
SUMMARY OF REQUEST:
Endorse the lowest responsible bids received for a 1 year extension of the current contracts for
3 chemicals used at the water filtration plant:
USALCO ‐ AluminumSulfate,
Key Chemical ‐ HydrofluorisilicicAcid
Standard Carbon ‐ Powdered Activated Carbon.
FINANCIAL IMPACT:
Annual cost:
Aluminum Sulfate ‐ $74,000
Hydrofluorisilicic acid ‐ $50,000
Powdered Carbon ‐ $7000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends endorsing the chemical bid extension for 1 more year with, USALCO, Key
Chemical and Standard Carbon.
MEMORANDUM
5/23/2013
TO: M. AL-SHATEL – DPW DIRECTOR
FROM: KEVIN HERBERT- FILTRATION PLANT
RE: CHEMICAL BIDS – WATER FILTRATION
BACKGROUND
In 1996 the Water Filtration Plant began the process of competitively bidding water
treatment chemicals jointly with the cities of Grand Haven, Grand Rapids, Wyoming,
Muskegon Heights and Holland. The groups’ bids are commonly addressed as the
“West Michigan Cooperative Purchasing Group”. Four water treatment chemicals are bid
through the cooperative:
Sodium Hypochlorite
Hydrofluorisilicic Acid (Fluoride)
Aluminum Sulfate
Powdered Activated Carbon
CHEMICAL BIDDING FOR 2013/14
The bidding process is performed by the City of Grand Rapids (aluminum sulfate,
powdered activated carbon and fluoride) and the City of Holland (sodium hypochlorite).
The Sodium Hypochlorite had been approved at the April 9th meeting, Item #2013-30E.
The remaining three chemical bid contracts expire in June 2013, all have a one year
renewal option. I am requesting renewing the following contacts through June 2014:
Aluminum Sulfate: Same price as last year, $362.18/ton or $74,000/yr.
Hydrofluorisilicic Acid: Reduction in price from last year $515.00/ton or $50,000/yr.
Powdered Activated Carbon: Same price as last $.51/lb. or $7000.00/yr.
The cooperative will bid on a 3 year cycle with a renewal year once again in April 2014.
Page 1 of 1
BID TAB
BID REF #885-77-12 ITEM 1
BID OPENING DATE: April 26, 2011 Purchase and
FOR: Bulk Chemicals, Aluminum Sulfate Delivery, Bulk
# BIDDERS SOLICITED: 29 Aluminum Sulfate
BUYER: TW Acid
DEPT: Lake Filtration $/Dry Ton
Year 1
Year 2
Year 3
$328.51 Year 1
USALCO
$344.93 Year 2
$362.18 Year 3
$497.00
General Chemical
NB
NB
$428.00
PVS Nolwood
$428.00
$428.00
Page 1 of 1
BID TAB
BID REF #885-66-07 ITEM 1
BID OPENING DATE: April 25, 2011 Purchase and
FOR: Bulk Chemicals, Hydrofluorisilicic Acid Delivery, Bulk
# BIDDERS SOLICITED: 22 Hydrofluorisilicic
BUYER: TW Acid
DEPT: Lake Filtration $/Ton
Year 1
Year 2
Year 3
$660.00
Mosaic Crop Nutrition LLC
NB
NB
$588.00 Year 1
Key Chemical
$608.00 Year 2
$628.00 Year 3
$662.50
Pennco
NB
NB
$726.50
PVS Nolwood
$726.50
$726.50
Page 1 of 1
BID TAB
BID REF #885-08-13 ITEM 1
BID OPENING DATE: April 27, 2011 Powdered
FOR: Chemicals, Powder Activated Carbon Activated
# BIDDERS SOLICITED: 25 Carbon,
BUYER: TW 50# Bag
DEPT: Lake Filtration $/lb
Year 1
Year 2
Year 3
$0.502 Year 1
Standard Carbon
$0.51 Year 2
$0.51 Year 3
$0.72
Norit Americas Inc
$0.78
$0.86
Date: May 28, 2013
To: Honorable Mayor and City Commissioners
From: DPW
RE: Permanent Traffic Control Order – Install “No Parking” signs on the south
side of Forest Avenue between Peck and Clinton
SUMMARY OF REQUEST:
Authorize staff to install “No Parking” signs on the south side of Forest Avenue between
Peck and Clinton.
FINANCIAL IMPACT:
Cost of signs and man-power to install, if approved.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to install “”No Parking” signs on the south side of Forest Avenue between
Peck and Clinton.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: May 28, 2013
Date: May 22, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Pere Marquette Improvement Fund
SUMMARY OF REQUEST: The City of Muskegon established a Pere Marquette
Improvement Fund (Fund) through the Community Foundation of Muskegon County
(Foundation) to receive deposits from Festival Unified Network (FUN), Inc. to be used
for improvements and events at the beach. FUN, Inc. is no longer functioning. The
Advisory Committee of FUN, Inc. has authorized different oversight and expansion of
the Fund (see “Community Foundation for Muskegon County Advised Fund
Agreement” attached).
FINANCIAL IMPACT: Allows for broader use of funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Resolution and authorize
the Mayor and Clerk’s signatures.
COMMITTEE RECOMMENDATION: The FUN, Inc. Advisory Committee, the
Foundation and City of Muskegon staff met to discuss the future of the Fund and they
recommend approval of transfer of funds to the Community Foundation for
Muskegon County Pere Marquette and Margaret Drake Elliott Park Fund.
City of Muskegon
County of Muskegon, State of Michigan
RESOLUTION #
WHEREAS, the City of Muskegon’s Pere Marquette Improvement fund was established
in 1994; and
WHEREAS, the purpose of the fund was to deposit contributions from FUN, Inc. to be
used for events and improvements to the beach; and
WHEREAS, the Fun, Inc. Board is no longer functioning; and
WHEREAS, the members of the Fun, Inc. Executive Committee have recommended that
the current funds in the Pere Marquette Improvement fund be transferred to the Community
Foundation for Muskegon County; and
WHEREAS, the funds will continue to be used for improvements to the beach.
NOW, THEREFORE, BE IT RESOLVED, THAT the current funds in the City of Muskegon Pere
Marquette Improvement fund be transferred to the Community Foundation for Muskegon County
Pere Marquette and Margaret Drake Elliott Park Fund and a new Advisory Committee be
formed to provide recommendations for use of the funds at Pere Marquette and Margaret Drake
Elliott Park, with committee members consisting of:
1. A representative appointed by the Beachwood/Bluffton Neighborhood Organization.
2. A representative from the Muskegon City staff .
3. A representative from the City Commission representing the ward serving the
Beachwood/Bluffton neighborhood.
NOW, THEREFORE BE IT FURTHER RESOLVED, THAT the distribution of up to 50% of the
balance of the Fund may be made for special capital projects, and up to 20% may be used for
distribution for general maintenance of the Parks.
Adopted this ____ of ____________________, 2013.
AYES:
NAYS:
ABSTAIN:
________________________________
Stephen J. Gawron, Mayor
________________________________
Ann Marie Cummings, City Clerk
Date: May 28, 2013
To: Honorable Mayor and City Commissioners
From: City Manager
RE: Transmittal of 2013-14 Proposed Budget
SUMMARY OF REQUEST: At this time staff is transmitting to the City
Commission the proposed budget for fiscal year 2013-14 which starts July 1, 2013.
Both hardcopy and electronic versions of the budget have been distributed to
Commissioners. Additionally, the budget is available for public inspection on the
City’s website and at the City Clerk’s office or Hackley Public Library.
The proposed budget will be reviewed in detail with staff at the June 10th work
session. A public hearing on the budget will be held at the regular Commission
meeting the following evening. City ordinance requires that the budget be adopted
by the Commission on or before the second Commission meeting in June.
FINANCIAL IMPACT: The budget is the City’s financial plan for the coming fiscal
year.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: None
COMMITTEE RECOMMENDATION: None