City Commission Packet 01-11-2011

View the PDF version Google Docs PDF Viewer

  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                   JANUARY 11, 2011
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                           AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Disclosure of Potential Conflict of Interest under Community
     Development Block Grant Program. COMMUNITY & NEIGHBORHOOD
     SERVICES
  C. Agreement for Legal Services. CITY MANAGER
  D. Special Events Policy – Revision Amendments.           PLANNING &
     ECONOMIC DEVELOPMENT
  E. Setting Worksession and Commission Meetings. CITY CLERK
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
  A. Approval of Sale of City-Owned Home at 627 E. Apple. COMMUNITY &
     NEIGHBORHOOD SERVICES
  B. Eliminate Retiree Health Care Benefits       for   Newly-Hired   Non-
     Represented Employees. CITY MANAGER
ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:    January 11, 2011
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Becker, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the December 13th
Commission Worksession Meeting and the December 14th City
Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                      City of Muskegon
                                City Commission Worksession
                                     December 13, 2010
                                 City Commission Chambers
                                           5:30 PM

                                         MINUTES

2010-102
Present: Mayor Warmington, Commissioners Spataro, Wisneski, Shepherd, Carter, and
Wierengo.
Absent: Vice Mayor Gawron (excused).

Ruddiman Creek Habitat Restoration Design.
Brian Mika, JFNew, gave an overview of the project presenting the three phases.
Motion by Commissioner Wisneski, second by Commissioner Shepherd to approve the
Ruddiman Creek Habitat Restoration Design as presented.
                                                               MOTION PASSES
Laketon Avenue Realignment between Seaway & Temple.
Mohammed Al-Shatel, DPW Director, explained the realignment. This will eliminate the
dedicated right turn lane. Project would start after Labor Day and be completed mid November.
Sunday Morning Liquor Sales.
Mayor Warmington explained the new law that was passed by the Legislature allowing the sale
of liquor on Sunday morning starting at 7:00 a.m. If the City wants to opt out and prohibit
Sunday sales, then we need to notify the Michigan Liquor Control Commission. We have no
issues, no action required.
DNR/Army Corps Permits.
Discussion on whether we should ask the DNR to hold a public hearing if there are issues
concerning the citizens. Would like the Neighborhood Associations notified when we get a
notice. Tony Kleibecker, Public Safety Director, stated he would forward the notices to the
correct Neighborhood President.
Adjournment.
Motion by Commissioner Wisneski, second by Commissioner Shepherd to adjourn at 6:13
p.m.

                                                                          MOTION PASSES




                                                                   ________________________
                                                                   Ann Marie Becker, MMC
                                                                         City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                    DECEMBER 14, 2010
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                 MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, December
14, 2010.
    Mayor Warmington opened the meeting with a prayer from Vice Mayor
Gawron after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, Acting City Manager Tony Kleibecker, City Attorney
John Schrier, and Deputy City Clerk Linda Potter.
2010-103 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, November 23, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Liquor License Request – PKT Twelve, Inc., 413-415 W. Western. CITY
         CLERK
SUMMARY OF REQUEST:         The Liquor Control Commission is seeking local
recommendation on a request from Paul A. Broussard, Member in 4-1-1 Bistro
Lounge, LLC and PKT Twelve, Inc. to add the 4-1-1 Bistro Lounge, LLC as Co-
Licensee in a 2010 Class C-SDM Licensed Business with Dance-Entertainment
Permit, Direct Connections-2, and total of 3 Bars, located at 413-415 W. Western,
Muskegon, MI.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
       C. Pyrotechnics Display Permit. CITY CLERK
REMOVED PER APPLICANT REQUEST
       D. Service Agreement with Professional Med Team Inc. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into a service agreement (calendar year 2011) with Professional Med
Team (Pro Med) to provide a paramedic for the purpose of performing a blood
draw, when needed, of suspected intoxicated drivers. The paramedic will be
dispatched directly to the jail to perform the draw. This service will be utilized by
all law enforcement agencies within Muskegon County. Pro Med is located
within the City.
FINANCIAL IMPACT: The cost to the department will be $75 per blood draw.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
       E. Purchase of Exhaust Venting System. PUBLIC SAFETY
SUMMARY OF REQUEST: The Fire Department has received grant money from
the Federal Assistance to Firefighters Act to purchase exhaust venting systems
for the Fire Station #5 on Marquette Avenue and for Fire Station #4 on Lakeshore
Drive. The venting systems are in place to remove potentially harmful exhaust
fumes from the garage areas when the trucks are started.
The following two companies submitted bids for these systems:
Rossman Enterprises LLC of Indianapolis, IN            $28,725.00
Hastings Air-Energy Control, Inc. of Farmington, MI    $29,814.82
Based upon a staff review of the proposals that were submitted, we are
recommending the system from Hastings Air-Energy Control of Farmington, MI.
FINANCIAL IMPACT: The grant requires a 10% match which will be provided by
general fund monies.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
       G. 2011 User Fee Update. FINANCE
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
The new fees and fee changes that are being proposed include the following:
   •   Elimination of recreation program fees since City is contracting out these
       programs;
   •   Adjustments to Farmers’ Market and Flea Market stall rentals to help offset
       higher program costs;
   •   Restructuring of fees related to special events (note: these fees are shown
       under DPW and under Special Events);
   •   Simplify McGraft Park Building rental fees;
   •   Elimination of various obsolete fees.
FINANCIAL IMPACT: Increased revenue for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the City attain its budgeted revenue estimates.
STAFF RECOMMENDATION: Approval.
       H. Deficit Elimination Plan for Home Rehabilitation Fund, Brownfield
          Redevelopment Authority Fund and Engineering Fund. FINANCE
SUMMARY OF REQUEST: At June 30, 2010, the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $241,404; the Brownfield
Redevelopment Authority Fund had a deficit balance of $9,217; and the
Engineering Fund had a deficit balance of $102,318. Act 275 of the Public Acts
of 1980 requires that the City file a Deficit Elimination Plan with the Michigan
Department of Treasury. Staff is requesting adoption of the Home Rehabilitation
Fund, Brownfield Redevelopment Authority Fund and Engineering Funds Deficit
Elimination Plan Resolutions.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan the Home
Rehabilitation Fund, Brownfield Redevelopment Authority and Engineering funds
will no longer have a deficit by June 30, 2011.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the Deficit Elimination Plan Resolutions.
Motion by Vice Mayor Gawron, second by Commissioner Carter to accept the
Consent Agenda as presented minus item F.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
             Nays: None
MOTION PASSES
2010-104 ITEM REMOVED FROM THE CONSENT AGENDA:
       F. Medical Marijuana Facilities Moratorium Extension.        PLANNING &
          ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: For the City Commission to extend the moratorium on
medical marijuana facilities for an additional three months. Staff is currently
drafting the ordinance and is preparing to present its recommendation to the
Planning Commission in February 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the three-month extension of the
moratorium.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the medical marijuana facilities moratorium extension.
ROLL VOTE: Ayes:    Gawron, Spataro, Warmington, Wierengo, Wisneski, and
           Carter
            Nays: Shepherd
MOTION PASSES
2010-105 PUBLIC HEARING:
      A. Request for an Industrial Facilities Exemption Certificate – Re-Source
         Industries. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Re-
Source Industries, 1485 S. Getty, has requested the issuance of an Industrial
Facilities Exemption Certificate. The total capital investment is approximately
$281,466 in personal property, which qualifies them for a six-year exemption on
personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of six years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of six years for personal property for Re-Source
Industries.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
2010-106 UNFINISHED BUSINESS:
      A. SECOND READING: Amendment to the Zoning Ordinance – Regulations
         on Fencing. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:          Staff initiated request to amend Section 2324
(Temporary Buildings, Structures and Uses) of Article XXIII (General Provisions) to
provide regulations on fencing as part of erosion control measurements.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDAION:            The Planning Commission recommended
approval of the request at their November 10th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
zoning ordinance amendment to provide regulations on fencing as part of
erosion control measurements.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
      B. SECOND READING: Rezoning Request for the Property Located at 1823
         Commerce Street (Tabled from November 23, 2010). PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 1823 Commerce
from B-4, General Business District to B-5, Governmental Service District, by West
Michigan Therapy. The applicant would like to run a Transitional Living Center at
this location.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDAION:            The Planning Commission recommended
approval of the request at their October 14th meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the rezoning request for the property located at 1823 Commerce Street.
ROLL VOTE: Ayes: Carter, Shepherd, Warmington, and Wierengo
            Nays: Gawron, Spataro, and Wisneski
MOTION PASSES
PUBLIC PARTICIPATION: Comments were made reference the City’s junk vehicle
ordinance. This will be discussed at the next Worksession.
ADJOURNMENT: The City Commission Meeting adjourned at 6:32 p.m.


                                       Respectfully submitted,




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

                CITY COMMISSION MEETING _________________________



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       December 22, 2010

RE:         Agreement for Legal Services



SUMMARY OF REQUEST:
To approve an agreement with Parmenter O’Toole, LLC to provide legal services to the City
for 2011-2014.




FINANCIAL IMPACT:
The cost stays the same for 2011 and goes up $5.00/hour for each of the following three years.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the agreement.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\AGREEMENT FOR LEGAL SERVICES 122210
                                       AGREEMENT FOR LEGAL SERVICES

        THIS AGREEMENT is made between the CITY OF MUSKEGON, hereinafter called
"the City,” and PARMENTER O’TOOLE, LLC., hereinafter known as "the Law Firm,” JOHN
C. SCHRIER and WILLIAM J. MEIER, the law firm and the said persons being sometimes
referred to collectively as “the attorneys.”

                                                             RECITALS:

        1.      The City of Muskegon is a home rule city, organized by charter, which provides
for the office of City Attorney.

       2.      The City makes this agreement for the purpose of naming the City Attorney and
the Assistant City Attorney, and further to provide for legal services to the City by the said Law
Firm and John C. Schrier and William J. Meier.

        3.      The City Attorney and the Assistant City Attorney are expected to be members of
the Law Firm, and the City believes it necessary and advisable to contract with the Law Firm as
well as the City Attorney and Assistant City Attorney because of the extent and scope of legal
services necessary to be performed.

          THE PARTIES THEREFORE AGREE:

     1.0 APPOINTMENT OF CITY ATTORNEY, ASSISTANT CITY ATTORNEY
AND RETENTION OF LAW FIRM.

        1.1     The City appoints John C. Schrier, City Attorney, pursuant to charter, and
William J. Meier as Assistant City Attorney. The said attorneys accept the appointments,
committing to perform their legal duties to the best of their ability and in accordance with the
highest standards of the legal profession, both as to standards of law practice and its ethics and
rules of professional conduct.

        1.2    John C. Schrier and William J. Meier shall exercise their appointments in
connection with their practice as members of the Law Firm, and the City therefore retains the
Law Firm for the performance of the legal services described herein. Members of the Law Firm
are authorized to appear as Special Assistant City Attorneys.

          2.0        COMPENSATION FOR SERVICES.

       2.1    Compensation shall be by fees for services payable to the Law Firm. No
additional compensation shall be due to the City Attorney or Assistant City Attorney or any other
member of the Law Firm by virtue of their appointments made pursuant to this agreement.




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\GO0334-Legal Services contract 2011-.DOC
                                                                1
          2.2        The schedule of fees for attorneys shall be:

                     2011                  $125 per hour
                     2012                  $130 per hour
                     2013                  $135 per hour
                     2014                  $140 per hour

                     Time for paralegals shall be billed at one-half of the rate for attorneys.

        2.3     City shall pay to the Law Firm a monthly retainer of $18,000. To the extent that
billed fees exceed $216,000 per year, the Law Firm shall be paid an additional amount based
upon the above hourly rate. To the extent that the billed fees are less than $216,000 per year, the
Law Firm shall reimburse the City based upon the above hourly rate. The additional
compensation or reimbursement shall occur on a semi-annual basis.

          3.0        TERM AND TERMINATION.

     3.1     The term of this agreement is four (4) years, beginning January 1, 2011.
Renewals may occur only on mutually agreeable terms.

       3.2     Either party reserves the right to terminate this agreement on 30 days notice or in
the event of a material breach of the terms and conditions hereof by the other.

       3.3    Notwithstanding the above provisions, the City Charter concerning the
appointment of the City Attorney shall prevail, and nothing herein is intended to abrogate those
provisions.

          4.0        DESCRIPTION OF SERVICES

          4.1        Services to be provided are:

                     4.1.1      Attendance at all regular and special City Commission meetings.

                     4.1.2 Attendance, as needed, at meetings of committees of the City
                     Commission, Zoning and/or Housing Board of Appeal, the Civil Service
                     Commission, etc.

                     4.1.3 The rendering of legal advice and opinions, preparation and drafting
                     services in connection with the City Charter or Charter revisions/amendments,
                     preparation of legal documents, drafting of ordinances and resolutions, and
                     consultation on City matters with the City Commission, City Manager, and City
                     employees.

                     4.1.4 Appearance in court for the prosecution of ordinance violations and civil
                     infractions, and lawsuits for injunctions and civil enforcement of civil ordinances.


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\GO0334-Legal Services contract 2011-.DOC
                                                                2
                     4.1.5 Labor negotiations, arbitration, and advice on labor relations and
                     personnel matters.

                     4.1.6 Services rendered in connection with Authorities or other entities
                     associated with the City regardless of the funding source. Such bodies include,
                     but are not limited to, the Downtown Development Authority, Tax Increment
                     Finance Authority, Local Development Finance Authority, and the Hospital
                     Finance Authority and the Brownfield Development Authority.

                     4.1.7 Appearance and prosecution of defense of cases before the Michigan Tax
                     Tribunal or State Tax Commission.

                     4.1.8 Work associated with bond issues, except for the duties traditionally
                     required of Bond Counsel.

                     4.1.9      Real estate transactions and condemnation proceedings.

                     4.1.10 Possible defense of the City in litigation subject to insurance coverage.

          5.0        GENERAL CONDITIONS.

       5.1     COORDINATION. The City Attorney shall coordinate the services of the
Assistant City Attorney and members of the Law Firm on City matters.

          5.2        EXPENSES. Expenses shall be separately charged and billed monthly.

       5.3      BILLINGS AND COMPENSATION. Payment of compensation shall
generally be made on a monthly basis as provided above. Billings for expenses shall also be
rendered monthly. The attorneys shall maintain records of time and services, which shall be
available for inspection by the City Manager at reasonable times.

       5.4    INDEPENDENT CONTRACTORS. The City Attorney, the Assistant City
Attorney and the Law Firm are not employees of the City. They are determined to be
independent legal counsel and independent contractors.

       5.5     MALPRACTICE INSURANCE. The attorneys commit to carry legal
malpractice insurance through the policy or policies issued to the Law Firm.

      5.6     SUPPLIES. Generally, the firm shall have its own supplies and office
equipment. On occasion supplies will be required for City services and, with the approval of the
City Manager and by his authority, the City will furnish same at its expense. By way of
example, City stationery will normally be supplied by the City.

       5.7     CONFLICTS OF INTEREST. The attorneys agree to exercise their best efforts
to avoid representation of any person, party or entity in any cause contrary to the interest of the


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\GO0334-Legal Services contract 2011-.DOC
                                                                3
City. The attorneys and firm shall absolutely desist from representing any private person or
entity on any matter in which the City is or may become an opposing party.

               The parties understand that the attorneys currently represent a number of clients,
including businesses, private parties and municipalities. Where a potential conflict of interest
because of such representation may occur, the parties shall proceed as follows:

        5.7.1 In the event of a potential conflict of interest, the City Attorney shall identify the
conflict and inform both parties in writing identifying the potential cause of conflict.

         5.7.2 The City shall determine whether the conflict is material, and if it determines that
it is not, instruct the City Attorney to continue representation of the City; provided, however, the
City Attorney and the Law Firm may determine that the conflict cannot be overcome and advise
the City accordingly, taking steps to assist in obtaining alternative representation of the City and
of the other party.

       5.7.3 In the event the City determines that the conflict is material, the City shall so
inform the City Attorney and the City Attorney shall assist the City and the other party in
obtaining alternative representation for that matter.

        5.7.4 In the event the City authorizes the attorneys to continue representation of the
City in the matter, the attorneys shall do so in a manner that avoids disclosure of confidential
communications to any member of the Law Firm representing the other party and the City
Attorney shall not represent the other party in connection with that matter.

       5.7.5 The attorneys especially commit not to represent any party against the City in any
matter of litigation.

        5.7.6 Notwithstanding the above, the attorneys shall act in accordance with the letter
and spirit of the Michigan Rules of Professional Conduct ("MRPC") as adopted by the Michigan
Supreme Court as they apply to any matter involving a conflict of interest or potential conflict of
interest. In case the MRPC conflict with this agreement, the MRPC shall prevail.

       6.0     COUNTERPARTS. This agreement may be executed in multiple counterparts.
Any copy of this agreement may be relied upon as the original. Amendments to this agreement
must be in writing on documents of equal dignity with this agreement.

        7.0     CONTINUITY/BENEFIT. In the event the Law Firm experiences the addition
of personnel or there are changes in membership of the Law Firm, this agreement shall continue
in effect unless such change adversely affects the representation of the City. The City Attorney
and Assistant City Attorney shall be members of the Law Firm.




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\GO0334-Legal Services contract 2011-.DOC
                                                                4
      IN WITNESS WHEREOF, the parties execute this agreement this ____ day of
__________________, 2011.

                                                                CITY OF MUSKEGON

                                                                By_____________________________________
                                                                Stephen J. Warmington, Mayor

                                                                And_____________________________________
                                                                Ann Marie Becker, Clerk

                                                                PARMENTER O’TOOLE

                                                                By ______________________________________
                                                                John C. Schrier
                                                                City Attorney

                                                                By ______________________________________
                                                                William J. Meier
                                                                Assistant City Attorney




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\GO0334-Legal Services contract 2011-.DOC
                                                                5
           Commission Meeting Date: January 11, 2011




Date:          December 21, 2010
To:            Honorable Mayor & City Commission
From:          Planning & Economic Development Department
RE:            Special Events Policy- Revision Amendments


SUMMARY OF REQUEST: The City Commission approved the Revised Special Events
Policy presented by staff on November 23, 2010. Some of those revisions included fee
changes, earlier submission deadlines and costs for City equipment and labor. In addition,
for any events with approved street closures, the closures must not occur until 12:01 a.m. the
day of the event and the streets must be open to traffic by 6:00 a.m. the day after the event.
The Commission had extensive discussion regarding the time of the street closures,
however, and suggested the street closure time be amended from 12:01 a.m. of the day of
the event, to 6:00 p.m. the evening prior to the event. In addition, the Commission requested
that events not requiring a liquor license (or simply an extension of their existing license) be
allowed to take place on Labor Day weekend. However, event requests requiring a special
liquor license must be presented to City Commission for approval.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the revised, amended City of Muskegon Special
Event Policy, to include the new time for street closures to be 6:00 p.m. the night prior to the
event, and to require Labor Day weekend events requesting special liquor license’s to go
before the City Commission for approval.



COMMITTEE RECOMMENDATION: None.
CITY OF MUSKEGON
SPECIAL EVENT POLICY
Revised December 2010

INTRODUCTION
The City of Muskegon receives many requests from organizations to supply various
services for special events. While there are several City departments involved in the special event process,
this policy centralizes the administration of special events with the City’s Planning Department, and provides
rules and regulations to govern both the granting of the special event request and the on-site administration of
the event. A Special Event Application is required for any public event held on City property. Events held
on private property that do not utilize any City services may not require a Special Event Application.
For events with alcohol, applicants must submit a liquor license application to the Muskegon Police
Department, in addition to completing the Special Event Application, if required. Liquor license
approval is a separate process from the Special Event Application, with separate fees and regulations. The
final authority for signing special liquor licenses is with the Public Safety Director. Requests to serve liquor
at an event will also require City Commission approval. For liquor license regulations and information,
please visit the State of Michigan’s website at www.michigan.gov/dleg.

SPECIAL EVENT APPLICATION PROCEDURE
I.      Special Event Application (“Application”) Submission & Fee Schedule
All Applications shall be filed with the Planning Department at least sixty (60) days prior to the event, along
with the required proof of insurance for the event naming the City as additional insured [see Schedule B for
insurance requirements].
The non-refundable administration fee for Special Event Applications is as follows:
     Events occurring during peak event season                  Events occurring outside of peak season
                  April 15 – September 30                     January 1 – April 14 & October 1 – December 31
 Applications submitted prior to April 15 will receive a
 50% discount off the regular fee.
 $100 fee for applications submitted 60 days or more
                                                           $50 fee for applications submitted 60 days or more
 prior to the event date (if application is submitted by
                                                           prior to the event date
 April 15, this fee is reduced to $50)
 $250 fee for applications submitted 59-45 days prior      $200 fee for applications submitted 59-45 days
 to the event date                                         prior to the event date
 $400.00 fee for applications submitted 44-30 days         $300.00 fee for applications submitted 44-30 days
 prior to the event                                        prior to the event
 Applications submitted less than 30 days prior to         $500 fee for applications submitted less than 30
 the event date will not be accepted.                      days prior to the event

Failure to submit an Application within 60 days of the event may result in denial of the application.
Special Event permit application fees will be waived for Veteran Groups, per the City Commission. In
addition, the City’s recognized Neighborhood Associations are entitled to one application fee waiver per
year, in addition to National Night Out festivities, provided that the application is submitted to the Planning
Department at least 30 days in advance of the event date. Rental fees may be waived for City equipment
transported by neighborhood association representatives.
The Special Event Application shall be in writing and must be submitted on the appropriate form. The City
of Muskegon Request for Special Event form can be found on the City’s website at www.muskegon-mi.gov,
or you may call 231.724.6702 to have one mailed to you, or you may visit the Planning Department on the
2nd floor of City Hall. If your event will require City services (e.g. picnic tables, barricades, police services),
you must also complete Part II, Schedule A of the Special Event Application, indicating which items you are
requesting. Please keep in mind that there may be additional costs for these items and/or services. See
                                                 -1-
Schedule A (pg. 4) for fee estimates. You are welcome to provide your own equipment (tables, trash cans,
etc.) instead of renting City equipment.
Block Parties & Similar Events. The City is not inclined to approve applications for these types of events
where the closure of City street(s) is requested. We encourage the use of City parks for these gatherings.
Labor Day Weekend – Applicants requesting a special liquor license for Labor Day events must go before
the City Commission for approval. Events without alcohol or those needing only an extension of an existing
license do not require City Commission approval.

II.     Event Requirements
All special event permittees agree to the following:
         (a) Police Officers. While a Police Officer's presence may not be required at all special events, it
shall be the discretion of the Public Safety Director as to whether or not, and how many, city police officers
will be required at any event. The Special Event Applicant Organization will be responsible for payment of
officer(s) service based on the time-and-one-half or triple time established rate plus benefits and overhead
costs. See Schedule A for fee estimates. If the event is cancelled with less than 72 hours notice, the
Applicant will be responsible for paying two hours’ pay per officer, per contract requirements.
        (b) Insurance. Where the event is being held in the City of Muskegon, the applicant must provide
an amount of insurance as set by the City for general liability insurance, naming the City as an additional
insured. The language shall read as follows:
        The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards, commissions
        and/or authorities and board members, including employees and volunteers thereof are listed as additional
        insured under the general liability and auto liability policies. The City of Muskegon is held harmless with
        regard to the General Liability Policy.
        You may use an insurance agent of your choice. An acceptable certificate of insurance must be
        submitted prior to event approval. See Page 4, Schedule B for the amount of insurance required.
          (c) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e. portable
toilets) including handicapped-accessible facilities per ADA requirements.
          (d) Digging & Staking. Digging or staking into paved areas, including roadways, sidewalks, and
public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared through
Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is responsible for
contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior to event set-up. The
applicant will also be responsible for paying an electrician to locate underground City electrical lines, if
required. The Applicant Organization will be responsible for the cost of any damages to underground
utilities caused by digging or staking.
        (e) Electrical and Water Hook-up The applicant must adapt to electrical power available on-site,
or provide their own generator. There may be additional labor charges if City staff time is required for water
hook-up. It is the responsibility of the applicant to provide acceptable hoses for potable water usage, which
meet Health Department requirements.
        (f) Inspections. The event location is subject to all building, plumbing, mechanical, electrical, and
fire codes. The permittee will schedule an inspection by any and all required inspectors and pay the
inspection fee(s) as set by the City Commission in the adopted fee schedule. It may be possible that a fire
watch will be required by the Fire Marshal. The permittee is responsible for all costs associated with
providing this service, including but not limited to current wage rate plus benefits and all overhead costs.
       (g) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths,
vendors, or equipment shall be set up in the roadway prior to 6:00 p.m. the day before the event. All signs,


                                                  -2-
tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m. the day after the
event.
         (h) Site Clean-up. Where an event is held on City-owned or -controlled property, the Applicant
shall be responsible for clean-up of City facilities after the event and for providing a dumpster. If the event is
on private property, clean-up shall be the responsibility of the property owner. The City shall have the right
to enforce cleanup measures, including but not limited to, entry and cleaning of property by City personnel
and charging and liening the cost to the owner, occupant, applicant or all of those. In the case of repeat
problems with clean-up for any particular event, the City may require a cleaning deposit prior to event
approval.
        (i) Merchandise Sales. Sales of all items for Special Events must be out of the public right-of-way,
unless prior authorization is received. Exempted items are listed in paragraph (j) below.
        (j) Street Sales. Street sales of newspapers, poppies, etc. shall not be allowed except for those
events that have existed before September 1, 1996, which will be allowed as long as they exist. These events
include: The Old Newsies, Muskegon High School Band Tag Sale, The Veteran’s Poppy sale, and the
Kiwanis.
        (k) Compliance with all regulations. Special Event applicants are responsible to ensure that all
applicable laws and ordinances are followed. Failure to comply with all city ordinances, rules and regulations
may result in the denial of future special event requests.

III.    Special Event Application Processing

       (a) Application Intake. Planning Department staff shall be responsible for intake of Special Event
Applications and dissemination to appropriate City staff for review and approval.
        (b) Application Denial. Where City staff reviews an Application and denies same, it shall state in
writing the reasons for the denial. An appeal of that decision may be made to the City Commission, whose
decision shall be final.
       (c) Unpaid Invoices. Any past due fees/invoices owed to the City may result in the denial of the
Application and/or future Special Event requests.
        (d) Street Closures/Barricading. Requests that include road closings/barricading shall require
approval of the Public Safety Director and the DPW Superintendent. Planning staff will forward these
requests to the appropriate personnel once the Special Event Application and fee are submitted. The
applicant will be responsible for all associated costs, which may include barricades and police services. City
Commission approval may be required in some cases. If a street closure is approved for an event, the
Applicant must provide written notification to all businesses and residences located on the street(s) to be
closed at least 10 days prior to the event date. Streets shall not be closed prior to 6:00 p.m. the day before the
event, and must be open by 6:00 a.m. the day following the conclusion of the event. Street closures will not
be approved for block party-type events.
        (e) Runs/Walks. For races, runs, walks, or parades, the Applicant must provide a map with the
Application, showing the proposed route. In addition, if any streets will be closed or partially closed, the
Applicant must provide written notification to all residences and businesses on those streets at least 10 days
prior to the event date. Event organizers shall meet with City staff to discuss the race route at least 15
business days prior to the event.
        (f) Site Plan. The City may require submittal of a site plan showing the event grounds and the
location of tents, vendors, portable toilets, and other structures.
         (g) Meetings. City staff may require a meeting with event sponsors, where staff needs clarification
of service(s) requested. Failure to attend the meeting may result in denial of the application.


                                                -3-
IV.      Use of City Equipment & Labor
        (a) The City has some items available for rent for special events. See Schedule A for available
items. You are not required to rent City equipment; you may provide your own.
        (b) The Applicant may be responsible for City employee labor costs to move City equipment to and
from the event location. See Schedule A for fee estimates. You may be able to eliminate or reduce this cost
by transporting equipment yourself. Arrangements must be made with the City’s DPW Superintendent or
Parks Maintenance Supervisor.
        (c) There is a stage in Hackley Park available for events held in the Park. The stage is up from
approximately the beginning of June until mid-August. There is no additional fee for use of the stage, as
long as your event is held in the Park. The stage is not to be removed from Hackley Park.
                                                          ########

                   SCHEDULE A – CITY EQUIPMENT AVAILABLE FOR RENT
          Item:
          55-gallon metal trash cans
          Plastic trash bags (by the case)
          Snow fence (wood)
          Fence posts
          Picnic tables

 Only the items listed above are available from the City for event use. Labor charges may be added to
 equipment rental fees if delivery and/or pick-up of equipment by City staff is required.
 Current equipment rental and labor rates can be found on the City of Muskegon Fee Schedule on the City’s
 website at www.muskegon-mi.gov.

                    SCHEDULE B – LIABILITY INSURANCE REQUIREMENTS

 • LOW RISK (L)                       -        Requires $300,000 liability insurance coverage.
 No physical activity by participants and no severe exposure to spectators. Examples of low-risk events include
 such things as indoor or outdoor meetings, small theatrical performances, auctions, and social gatherings (with
 no alcoholic beverages).


 • MEDIUM RISK (M)                    -        Requires $500,000 liability insurance coverage.
 Limited physical activity by participants and minimal exposure to spectators. Examples of medium-risk events
 include dances, animal shows, political rallies, flea markets, picnics, parades with no floats, and family type
 concerts. Also included is any event with a crowd size of 500 to 10,000.


 • HIGH RISK (H)                      -       Requires $1,000,000 liability insurance coverage.
 Major participation by participants and/or moderate to severe exposure to spectators. Events in this category
 include team or individual sporting events (non-professional), circuses and carnivals with rides, parades with
 floats, and marathons or similar races. Also included is any event with a crowd size of over 10,000 but under
 25,000. Examples of events requiring high risk insurance coverage are: Parties in the Park, Summer
 Celebration, Bike Time, Chronicle Seaway Run, Winterfest, and most events with alcohol licenses.

 Language on the insurance certificate shall read: ”The City of Muskegon, all elected and appointed officials, all
 employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers
 thereof are listed as additional insured under the general liability and auto liability policies. The City of Muskegon is held
 harmless with regard to the General Liability Policy.”

                                                         -4-
Date:      January 11, 2011
To:        Honorable Mayor and City Commissioners
From:      City Clerk
RE:        Setting Worksession and Commission Meetings




SUMMARY OF REQUEST: Approval of the scheduled meetings.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval.
               CITY OF MUSKEGON
         CITY COMMISSION WORKSESSIONS
                      2011
              City Hall Commission Chambers (Room 107)
                              5:30 PM

                        January     10

                        February     7

                        March        7

                        April       11

                        May          9

                        June        13

                        July        11

                        August       8

                        September 12

                        October     10

                        November     7 Commission Meeting

                        December     12


The meetings will begin at 5:30 p.m. in the City Commission Chambers at
City Hall, 933 Terrace Street, Muskegon, MI.

                                    Ann Marie Becker, MMC
                                    City Clerk
                 CITY OF MUSKEGON
             CITY COMMISSION MEETINGS
                        2011
              City Hall Commission Chambers (Room 107)
                              5:30 PM


                        January   11
                                  25
                        February  8
                                  22
                        March     8
                                  22
                        April     12
                                  26
                        May       10
                                  24
                        June      14
                                  28
                        July      12
                                  26
                        August    9
                                  23
                        September 13
                                  27
                        October   11
                                  25
                        November 7 (Monday)
                                  22
                        December 13


The meetings will begin at 5:30 p.m. in the City Commission Chambers at
City Hall, 933 Terrace Street, Muskegon, MI.

                                    Ann Marie Becker, MMC
                                    City Clerk
         Commission Meeting Date:            January 11, 2011

Date:       January 3, 2011
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services Department
RE:         Approval of Sale of City owned home at 627 E. Apple


SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Mr. Christian D. Adame for the totally rehabilitated home
at 627 E. Apple, which is part of the City’s Neighborhood Stabilization Program
through the Michigan State Housing Development Authority Office of
Community Development. Mr. Adame’s purchase price is $43,000 with a
subsidy of at least $8,000.
The beautiful three bedroom, two full-bath home was previously vacant. As a
part of the City’s continuous neighborhood redevelopment efforts, the house
was purchased by the CNS office with HOME funds, abated for Lead through
our S.A.F.E. Housing Program and totally rehabilitated with Neighborhood
Stabilization Program funds.
FINANCIAL IMPACT: The proceeds from the sale will be used to cover any
extra costs associated with this rehab and to sustain our current investments
under NSP program activities. Program Income funds will be used to cover
HOME and Lead Program activity costs for the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
                         MUSKEGON CITY COMMISSION



          RESOLUTION TO APPROVE THE PURCHASE OF
     CURRENTLY STATE OWNED PROPERTY AT 627 E Apple Avenue


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



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



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



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 627 E Apple Avenue to Christian D Adame of 2522 Holton
Road Muskegon. Mr. Adame will purchase the house as an owner-occupied
structure.

Adopted this 11th day of January 2011

Ayes:

Nays:


                                 By ______________________________
                                   Stephen J. Warmington, Mayor


                                 By ______________________________
                                   Ann Marie Becker, MMC City Clerk



C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\627 Apple -
Resolution.doc
                          AGENDA ITEM NO. ___________________

                 CITY COMMISSION MEETING _________________________



TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        December 20, 2010

RE:          Eliminate Retiree Health Care Benefits for Newly-Hired Non-Represented
             Employees



SUMMARY OF REQUEST:
To eliminate retiree health care benefits for non-represented employees hired on or after
1/1/2011. Instead, the City will match a mandatory two percent (2%) contribution into a Health
Care Savings Plan (HCSP).



FINANCIAL IMPACT:
Significant savings will be achieved.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the request.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\ELIMINATE RETIREE HEALTH CARE BENEFITS 122010

Top of Page