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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 28, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
A. Deyonta Davis – Mr. Basketball Trophy.
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Special Event Request – Catamaran Racing Association of Michigan
(CRAM) – Request to allow overnight camping at Pere Marquette Park
(in conjunction with their annual Catamaran sailing regatta).
COMMUNITY AND ECONOMIC DEVELOPMENT
C. Amendment to the Zoning Ordinance PLANNING AND ECONOMIC
DEVELOPMENT
D. Consideration of Bids for: H-1697 GETTY ST., EVANSTON TO APPLE AVE.
ENGINEERING
E. Cemetery Management System/GIS. DEPARTMENT OF PUBLIC WORKS
F. Agreement for Grant Management Services for United States
Environmental Protection Agency (USEPA) Shoreline Cities Green
Infrastructure Grant Project. PLANNING AND ECONOMIC
DEVELOPMENT DEPARTMENT
G. Turnkey Network Solutions – METRO Act Permit. ENGINEERING
H. Purchase of (5) Fire Portable Radios (Grant/Match). DEPARTMENT OF
PUBLIC SAFETY
I. Approval of the Use & Maintenance of City Owned Property at 1499
Hoyt St. PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT
□ PUBLIC HEARINGS:
A. Public Hearing for 2015-2016 Action Plan. COMMUNITY AND
NEIGHBORHOOD SERVICES
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. 2015-16 Healthcare & Wellness Program FINANCE DEPARTMENT
□ 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.
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: April 23, 2015
We have a number of items on the agenda, and I thought you could use a little background on some of
them as you prepare for our meeting next week.
1. Under Honors and Awards, we will present Deyonta Davis with an award and sign for winning
the 2015 Mr. Basketball Trophy.
2. Under the consent agenda, we are asking the Commission to approve:
a. Last meeting’s minutes.
b. A special event request for CRAM – this is an annual occurrence.
c. An amendment to the zoning ordinance to allow for commercial sales in certain urban
farming settings.
d. Approval of Bids for the Getty Street Reconstruction Project.
e. Authorization to invest in a cemetery GIS management system.
f. A grant agreement with the USEPA to assist with the costs of certain green infrastructure.
g. Approval of a metro act permit with Turnkey Network Solutions.
h. The purchase of 5 portable radios for the fire department – this is a grant match, and was
budgeted in the current FY.
i. Approval of an agreement to allow the vacant city lot at 1499 Hoyt to be used as a
community garden.
3. Under Hearings/Other/New Business we have four topics for discussion:
a. We will host a public hearing on the 2015-16 CNS Action Plan.
If there are questions on any agenda items, please try to let staff know in advance, and we will be sure
to have the appropriate data/research available at the meeting.
Date: April 22, 2015
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the April 13, 2015
Commission Worksession Meeting, and the April 14, 2015 City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
April 13, 2015
City Commission Chambers
5:30 PM
MINUTES
2015-14
Present: Commissioners German, Rinsema-Sybenga, Gawron, Johnson, Turnquist, and Spataro.
Absent: Hood
Public Act 422 of 2014 – Cemetery Perpetual Care Funds
Derrick Smith, Finance Director, presented the Commission with information about the
opportunity for the City to establish a Cemetery Perpetual Care Fund. Public Act 422 of 2014,
which was signed by the Governor, allows a municipality that has a municipally owned cemetery
to establish and maintain an irrevocable endowment and perpetual care fund as a component
fund within a community foundation, by entering into an irrevocable agreement with the
community foundation.
Robert Chapla, Vice President of Development for the Community Foundation of Muskegon,
gave some history on this effort stating that discussion began with the City of Muskegon’s
former finance director, Tim Paul. John Schrier, Muskegon’s City Attorney, participated in
drafting the legislation for this act. Mickey Knight, our lobbyist in Lansing, was a key person to
getting the legislation passed.
There was discussion about how this fund will create a source of funds to be exclusively used for
the care and maintenance of cemeteries owned and operated by the city. Currently, a portion of
the funds allocated for care and maintenance of cemeteries is earning 2-3% annually, and less
than 1%, annually. Most recently, an investment with the community foundation has earned an
average of 7.94% over 5 years.
This item will be on the April 14, 2015 Commission Meeting Agenda for consideration by the
Commission.
Any Other Business
Child Abuse Council of Muskegon
Muskegon County Prosecutor, D.J. Hilson, appeared before the Commission as the President of
the Child Abuse Council of Muskegon to propose an event to be held downtown at the same time
that Bike Time is being held in Fruitport Township, July 16-19, 2015. They are calling the event
“Steel Horse Rally for Kids”. The Child Abuse Council was approached by Ron Madison, a
downtown business owner, to discuss the possibility of holding the event to entertain the
thousands of visitors the downtown anticipates that weekend.
This event is meant to complement Bike Time’s event and enhance visitor’s experience. Bike
Time currently has a special event permit to close several streets downtown buts has no plans to
offer vendors, entertainment, or food. The Child Abuse Council is proposing to assume the cost
of the street closing, etc. and add vendors, food, and entertainment if Bike Time chooses not to
provide these activities. The L.C. Walker Arena will be utilized during this event as well.
Bike Time has until April 15, 2015 to submit their plans for the downtown. The Commission
indicated they would make no determinations until the Bike Time plan was received.
P.I.L.O.T.
The subject of P.I.L.O.T’s was raised and there was some discussion regarding a policy change
to eliminate P.I.L.O.T projects. The research and statistics on this matter need to be updated so
the Commission can make an informed decision on this matter. It was decided the matter would
be scheduled for a Legislative Policy meeting.
Adjournment.
Motion by Commissioner Rinsema-Sybenga, seconded by Vice Mayor Spataro to adjourn
at 7:15 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 14, 2015
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, April 14, 2015.
Mr. George Monroe opened the meeting with prayer after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Dan Rinsema-Sybenga, Byron Turnquist, Ken
Johnson, Commissioner Eric Hood, City Manager Franklin Peterson, City Attorney
John Schrier, and City Clerk Ann Marie Cummings.
2015-24 HONORS AND AWARDS:
A. 2014 Outstanding Citizenship Awards. – Andy O’Riley and Charlotte
Johnson were each recognized for receiving the 2014 Outstanding Citizenship
Award. The award plaques were presented at a Rotary Luncheon.
2015-25 INTRODUCTIONS/PRESENTATION:
A. Presentation by Lake Hawks. The Lake Hawks appeared at the meeting
to thank the commission for their support this past season, the commission was
presented with autographed Lake Hawks Publications. The Lake Hawks won
their final four and finished in the top 12 in the nation.
2015-26 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the March 28, 2015 City
Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes
B. National Bike to Work Week Resolution. CITY CLERK
SUMMARY OF REQUEST: The City Commission is asked to adopt the resolution
supporting National Bike to Work Week June 15 through June 19, 2015.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
C. Request to Fly the Norwegian Flag. CITY CLERK
SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the
Norwegian Flag at City Hall beginning Friday, May 15th, 2015 at 9:00 a.m.
through the weekend, to be taken down the morning of Monday, May 18, 2015
in honor of Norway’s Constitution Day (Independence Day), which falls on
Sunday, May 17, 2015.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
E. Rix Stix Pronto Pups and Rix Stix Eats Concession Contract for City of
Muskegon Parks. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a 1-year
contractual agreement with Ralph “Rick” Paine III of Rix Stix Pronto Pups/Rix
Beach Eats, at various City of Muskegon Parks/Facilties, located within the City
of Muskegon, and as determined by staff, to sell pronto pups and various other
food items from two mobile trucks. Concessionaire is also requesting that a 50’
interval/distance between vendors be considered.
FINANCIAL IMPACT: Concession revenue is 10% of gross receipts. Commission
revenue is unknown at this time as this is the first year in business for the
Concessionaire at City of Muskegon Parks.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize DPW staff to enter into concession
agreement with Ralph “Rick” Paine III of Rix Stix Pronto Pups/Rix Beach Eats.
F. 2015/16 Water Treatment Sodium Hypochlorite Bids. DEPARTMENT OF
PUBLIC WORKS
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder
to supply sodium hypochlorite for the water filtration plant.
FINANCIAL IMPACT: Annual cost of $73,590 (based on average annual water
pumped to mains plus increased estimated treatment cost for Norton
Shores/Fruitport).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the low bid received and allow staff to enter into a contract with
Alexander Chemical for sodium hypochlorite for one year, beginning April 14,
2015.
G. Permanent Traffic Control Order – Install a permanent “STOP” sign at
Indiana Avenue and Harbor Towne Circle per Traffic Control Work
Order #17-(2015). DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to install a permanent “Stop” sign at the
Southwest corner of Indiana Avenue and Harbor Towne Circle per Traffic Control
Work Order # 17-(2015)
FINANCIAL IMPACT: Cost of signs/posts and man-power to install, if approved.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize DPW staff to install a “Stop” Sign at Indiana
Avenue and Harbor Towne Circle per Traffic Control Work Order # 17-(2015)
H. 2015 Pavement Marking Program. DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Staff is requesting permission to enter into a 1-year
contractual agreement with Michigan Pavement Marking (MPM) of Wyoming,
MI for Centerline Painting and Advanced Pavement Marking (APM) of West
Olive, MI for Special Pavement Markings. This contract bid was awarded by the
Muskegon County Road Commission (MCRC) and for local agencies in the
Muskegon County Pavement Marking Group to enter into with MPM and APM
with each member billed separately by MPM and APM for painting services
requested.
FINANCIAL IMPACT: Estimated costs for 2015 are $25,000 for both Centerline
painting and Specialty Markings. Approximately $20,334 in 2011 was spent for
centerline painting/special pavement markings with $16,008 in 2012, $16999 in
2013 and $16,013 in 2014 spent for centerline painting only, through previous
bids/contracts with MCRC and MPM.
BUDGET ACTION REQUIRED: None, contractual work has been budgeted for in
the Highway Majors budget.
STAFF RECOMMENDATION: Approve request to enter into a 1-year contract with
Michigan Pavement Markings for Centerline Painting and Advanced Pavement
Markings for Special Pavement Markings.
K. DPW Fleet Replacement Vehicles. DEPARTMENT OF PUBLIC WORKS/
EQUIPMENT
SUMMARY OF REQUEST: The Equipment division is seeking permission to purchase
2 (two) DPW fleet vehicles, one for the Highway Department as a construction
vehicle and the other for the Parks Department.
BUDGET ACTION REQUIRED: None. This is the amount budgeted for.
FINANCIAL IMPACT: One ton $26,395.00 and Three quarter ton $21,395.00
STAFF RECOMMENDATION: Authorize staff to purchase 2 (two) fleet replacement
vehicles from Gorno Ford the Mi Deal State contract holder.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to approve the Consent Agenda as read with the exception of Items D, I, and J.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2015-27 ITEMS REMOVED FROM CONSENT AGENDA:
D. PA 422 of 2014 – Cemetery Perpetual Care Fund. FINANCE
SUMMARY OF REQUEST: Public Act 422 of 2014, which was signed by the
Governor, allows a municipality that has a municipally owned cemetery to
establish and maintain an irrevocable endowment and perpetual care fund as
a component fund within a community foundation, by entering into an
irrevocable agreement with the community foundation.
FINANCIAL IMPACT: Additional cemetery endowment earnings potentially will
reduce the use of general fund revenue for cemetery maintenance.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the City of Muskegon Cemetery
Perpetual Care Fund Agreement with the Community Foundation for Muskegon
County.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to approve the City of Muskegon Cemetery Perpetual Care Fund Agreement
with the Community Foundation for Muskegon County.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson,
Nays: None
MOTION PASSES
I. Aggregates, Highway Maintenance Materials and Concrete.
DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST:
Award bid to supply H1/32FA limestone chip blend to Verplank Trucking
Company
Award bid to supply road slag to Verplank Trucking Company
Award bid to supply road gravel to Yellow Rose Transport
Award bid to supply Sylvax patching material to Unique Paving Materials
Award bid for crack sealant to Surface Coatings
Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc.
Award bid to supply AE-90 Asphalt Emulsions to Bit-Mat Products
Award bid to supply screened top soil to Accurate Excavators
Award bid to supply 2NS sand to Yellow Rose Transport
Award bid to supply Fill Sand to Accurate Excavators
Award bid to supply 7-sack mix concrete to Port City Redi-Mix
Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to
Great Lakes Chloride
FINANCIAL IMPACT: $456,387.25
BUDGET ACTION REQUIRED: NONE; funds appropriated in several budgets
STAFF RECOMMENDATION: Recommend approval of bids as outlined in
Summary of Request. Maintenance Vehicle. The Highway truck will be a one ton
flatbed and the Parks a three quarter ton standard cab pick-up.
Motion by Commissioner Turnquist, second by Commissioner German to
approve bids as outlined in the Summary of Request.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German,
Nays: None
MOTION PASSES
J. Police SUVs. DEPARTMENT OF PUBLIC WORKS/EQUIPMENT
SUMMARY OF REQUEST: The Equipment division is seeking permission to purchase
2 (two) Police Interceptor SUVs to replace current units that are due retirement
based on years of service and mileage. We are also asking to purchase an
additional warranty for these vehicles extending our powertrain warranty to 7
years ~ 125,000 miles.
FINANCIAL IMPACT: $25,475.00 per SUV and $2,495 for each extended
warranty.
BUDGET ACTION REQUIRED: None. This is the amount budgeted for.
STAFF RECOMMENDATION: Authorize staff to purchase 2 (two) Police SUVs with
extended warranty from Gorno Ford the Mi Deal State contract holder.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to authorize staff to purchase two Police SUVs with extended warranty from
Gorno Ford the Mi Deal State contract holder.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
2015-28 NEW BUSINESS:
A. Approval of Sale of City-owned home at 1581 Division. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services department to complete the sales transaction
between Ashley Nagelkirk for the rehabilitated home at 1581 Division, which is
part of the City’s HOME Program. Ms. Nagelkirk’s purchase price for the home is
$74,500.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to
complete the sale.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the resolution and direct the CNS staff to complete the sale.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
B. Public Relations Fund Budget Adjustment. CITY CLERK
SUMMARY OF REQUEST: Improving the city’s image has been made a priority
over the last two budget cycles. As such, many staff hours have been
dedicated to working with key stakeholders to develop a plan to help change
public perception. Many of our partner stakeholders have committed to
fundraising for these types of activities. As the summer tourist season
approaches, city staff and key stakeholders identified a number of new capital
investments that we would like to undertake. Two of which we are seeking
approval for today – the installation of welcoming banners on light poles
throughout the downtown, and the redesign of the logo and color scheme used
on many city advertisements, vehicles, buildings, paperwork, etc.
FINANCIAL IMPACT: Same
BUDGET ACTION REQUIRED: Same
STAFF RECOMMENDATION: Increase the Public Relations Budget by $40,000 and
authorize the City Clerk to purchase and install new banners downtown and to
work with Revel to design a new city logo.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Hood to
increase the Public Relations Budget by $40,000 and authorized the City Clerk to
purchase and install new banners downtown and to work with Revel to design a
new city logo.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Johnson, Gawron, and
Hood
Nays: Turnquist
MOTION PASSES
C. City – MDOT Agreement; Henry Street Construction; Sherman to
Hackley. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the Henry Street
construction between Sherman & Hackley and approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the approved federal
funds of $580,000. The estimated total construction cost is $802,100 plus
engineering cost.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the mayor and clerk to sign both.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve
the contract and resolution and authorize the mayor and clerk to sign both.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro.
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:17 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
CITY COMMISSION MEETING DATE
April 28, 2015
Date: April 14, 2015
To: Honorable Mayor and City Commissioners
From: Cathy Brubaker-Clarke, Director of Community
& Economic Development
Re: Special Event Request – Catamaran Racing
Association of Michigan (CRAM)
Request to allow overnight camping at Pere
Marquette Park (in conjunction with their annual
Catamaran sailing regatta)
SUMMARY OF REQUEST: C.R.A.M. is holding their annual Catamaran sailing
regatta at Pere Marquette Park the weekend of August 14 - 16, 2015. They are
again requesting permission for their participants to camp overnight at the park, as
they have done in previous years. They would like to use the City-owned parking lot
across from The Deck restaurant for overnight camping, provided that the Deck’s
owners (Harris Hospitality) approve. If they are unable to use that lot, they request to
use the City-owned parking lot at Harbour Towne beach.
They expect between 8 to 15 RVs in the lot overnight. This is the event’s eighth year
of operation and there have been no problems in the past with this group. They will
provide proof of liability insurance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve overnight camping at Pere Marquette
Park for this event on August 14, 15, and 16, 2015, with an alternate location of
Harbour Towne Beach parking lot.
COMMITTEE RECOMMENDATION: N/A
Commission Meeting Date: April 28, 2015
Date: April 23, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance
SUMMARY OF REQUEST:
Staff initiated request to amend Section 2313 (Community Gardens) of the zoning
ordinance and replace it with an urban farming ordinance.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval by a 6-1 vote at their regular
meeting in April.
Planning Commission Excerpt
Community Gardens
Can be considered a principal use. Does not require a house or business to be located on the parcel.
Require a site plan to be approved by zoning administrator, but no further approvals (such as a Special
Use Permit) are needed.
May sell produce if they choose, but it is not a requirement (can’t sell on site unless the property is
already zoned for retail).
If they choose to sell, they must register with the city as a business.
Profits must go back into the program that benefits the community.
Urban Commercial Farms
Must be an accessory use to the property. There must be a principal structure on the parcel (house,
business, etc.).
Require a Special Use Permit, in which all neighbors within 300 feet would be notified.
The Planning Commission would review the site plan at the meeting.
Must sell produce for profit (can’t sell on site unless the property is already zoned for retail).
Must register with the city as a business.
Private Gardens
Allowed in all districts with no approvals necessary.
Does not need a principal structure (house, business, etc) on the parcel.
May not sell produce.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Article XXIII, Section 2313, Community Gardens, of the City of Muskegon Zoning Ordinance is amended in its
entirety as follows.
SECTION 2313: COMMUNITY GARDENS, PRIVATE GARDENS, AND URBAN COMMERCIAL FARMS
1. Definitions. For purposes of this ordinance, the following terms shall have the meanings given to them in this
section as follows:
A. Commercial Farming means the sale of any amount, without any minimum threshold, of an agricultural
product cultivated on an Urban Commercial Farm or Community Garden.
B. Community Garden means a vacant parcel of land or vacant portion of a parcel of land that is divided into
plots for cultivation of fruits and vegetables, plants, flowers or herbs by more than one individual and/or
group. The land may or may not be owned by a participating member of the community garden group.
C. Cold Frame means transparent-roofed enclosure, built low to the ground, used to protect plants from
adverse weather. The transparent top admits sunlight and prevents heat escape via convection that would
otherwise occur, particularly at night. Essentially, a cold frame functions as a miniature greenhouse to
extend the growing season.
D. Compost means relatively stable decomposed organic matter for use in agricultural and other growing
practices, usually consisting of materials such as grass, leaves, yard waste, worms, and also including raw
and uncooked kitchen food wastes, but specifically excluding bones, meat, fat grease, oil, raw manure and
milk products.
E. Farm Animals means all animals traditionally found or used on an operating farm, including but not
limited to, horses, sheep, goats, cows, chickens, donkeys, turkeys and alpaca.
F. Farm Coordinator means an Urban Commercial Farm or Community Garden’s designated liaison to the
city.
G. Farm Equipment and Tools means those pieces of machinery and tools used to prepare the soil, cultivate
produce, fertilize, harvest, etc., including but not limited to, tractors, rototillers, rakes, shovels, hoes,
fertilizer, pesticide and herbicide spreaders and sprayers, etc.
H. Greenhouse means a building or structure whose roof and sides are made largely of glass or other
transparent or translucent material and in which the temperature and humidity can be regulated for the
cultivation of plants.
I. Hoop house means an unheated structure whose roof and sides are made largely of transparent or
translucent material (not glass) for the purpose of the cultivation of plants inside.
J. Orchard means the establishment, care, harvesting of a group of more than ten (10) fruit or nut bearing
trees.
K. Private Garden means an accessory or principal use where the owner or tenant grows and harvests food
crops and/or non-food crops for personal use by the owner or tenant of the land.
L. Rainwater Catchment System means a method of catching rainwater runoff from the roof of a structure
into rain gutters that channel into a rain barrel, drum or cistern.
M. Urban Commercial Farm means land used for the cultivation of fruits and vegetables, plants, flowers or
herbs for sale or profit. It is an accessory use on a residential or commercial property requiring a special
use permit and business license.
2. Agricultural Uses
The agricultural uses of Community Gardens, Private Gardens and Urban Commercial Farms are limited to
the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the
production, cultivation, growing and harvesting of any agricultural, floricultural, or horticultural produce.
Farm animals, including livestock, are prohibited.
The agricultural uses of Community Gardens, Private Gardens and Urban Commercial Farms shall not be
detrimental to the physical environment or to the public health and general welfare by reason of excessive
production of noise, smoke, fumes, vibrations, odors, chemical or biological pollutants.
3. Property Maintenance
A. Property used for Community Gardens, Private Gardens and Urban Commercial Farms shall be
maintained in an orderly and neat condition, free of high grass (with the exception of purposely cultivated
native species, which shall be allowed), noxious weeds, or debris. Dead garden plants shall be removed
regularly, and in any instance, no later than November 30th of each year.
B. Plants from cultivated areas shall be prevented from encroaching onto adjacent properties or onto the
public right-of-way.
C. Seeds and harvested crops on site shall be stored so as not to attract animals.
D. Compost must be maintained and stored to avoid any odor reaching neighboring property.
E. Fencing is permitted, but requires a development permit from the city, and must comply with existing
fencing rules and regulations.
4. Applicable Laws
Community Gardens, Private Gardens and Urban Commercial Farms shall comply with all applicable local,
state and federal regulations.
5. Site Plan Requirements
A Site Plan is required for all Urban Commercial Farms and Community Gardens.
The Farm Coordinator shall submit a site plan to the Zoning Administrator for approval prior to beginning a
Community Garden or Urban Commercial Farm. The site plan must include the following:
A. The name of the Farm Coordinator.
B. The project address.
C. The project name (if any).
D. The legal owner of the parcel(s). If the Community Garden or Urban Commercial Farm is a tenant,
include the length of the current lease.
E. Gross site area of parcel(s) to be used, including dimensions.
F. Location of the following: principal and accessory structures, crop areas, fencing and walls, ingress and
egress, loading areas, compost piles, trash containers and dumpsters, signage, restroom facilities (if any),
and all bodies of water and wetlands adjacent to or in the immediate vicinity of the parcel(s).
G. A narrative description generally describing the following, as applicable:
i. The types, methods of application, storage of proposed pesticides, herbicides, fertilizers, and any
other chemicals that will be used.
ii. The type of machinery and equipment proposed and description of the noise, vibration, smoke, odor,
dust, dirt that may be a nuisance to surrounding properties.
iii. Evaluation of existing soil conditions and plans to mitigate soil issues, as necessary.
6. Community Gardens and Urban Commercial Farms
Community Gardens are intended to bring citizens together to work collaboratively in growing food for their
personal use or donation, or sales to generate income for garden activities that benefit the community; to
promote education with regard to agriculture, provide a positive communal environment for children and
adults living nearby and an opportunity for volunteer work among participants. Community Gardens are not
intended to be for-profit commercial farming operations. Urban Commercial Farms, on the other hand, are
intended to be for-profit commercial farming operations, operated by an individual or a single group.
Community Gardens are a principal use permitted in B-1, Limited Business; B-5, Governmental Business;
MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2, RM-3) zoning districts.
Urban Commercial Farms are a Special Land Use permitted in B-1, Limited Business; B-5, Governmental
Business; MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2, RM-3) zoning districts.
Community Gardens and Urban Commercial Farms are permitted in their respective Zoning Districts subject
to the following conditions:
A. Each Community Garden and Urban Commercial Farm shall have a Farm Coordinator designated as its
liaison to the City. The Coordinator’s name and contact information shall be given to the Zoning
Administrator.
B. No on-site sales shall be permitted, unless the produce is grown on a site where sales of produce are
already permitted under the zoning laws, such as a grocery store or restaurant.
C. The Community Garden or Urban Commercial Farm must be designed and maintained so that water,
chemicals, dirt, mud or fertilizer will not drain into the streets, alleys or adjacent properties. Any use of
pesticides or fertilizers must comply with applicable state or federal regulations.
D. Setback Requirements must be met:
a. Buildings and accessory structures must comply with the setback, height and size requirements of
the zoning district in which the garden or farm is located.
b. Rain barrel systems, crop areas, and planting beds must be set back at least five (5) feet from all
property lines. This may be reduced to three (3) feet within the presence of a fence.
c. Orchards and all crops reaching a height of five (5) feet at maturity shall be set back at least
fifteen (15) feet from all property lines. The side and back setbacks may be reduced to five (5)
feet within the presence of a fence.
d. The required setback areas must be covered with ground plants, which may include native or
ornamental grasses and low ornamental plantings. Mulch may also be used as an appropriate
ground covering except in the first five (5) feet of the front setback.
e. Compost areas or waste bins must be less than sixteen (16) square feet in size and must be set
back at least ten (10) feet from all property lines and at least twenty (20) feet from the nearest
principal residential structure.
E. On-site amenities like picnic tables, garden art, benches, and bike racks are permitted as long as they meet
setbacks requirements, do not obstruct the clear vision at drives or intersections, and do not create a
nuisance for neighboring properties.
F. Community Gardens on vacant parcels may erect a hoop house or greenhouse as a primary structure.
G. No water or irrigation wells may be installed unless by a state-licensed well-drilling firm, and with
approval and necessary permit from the city and county. All groundwater wells located on city property
must be removed by the responsible group, at their expense, when the garden is no longer in use.
H. Oats, wheat and rye may be used as a winter cover crop, but not grown to full maturity in any season.
I. Trash receptacles shall be located to the rear of the property unless the Department of Public Works
determines that another location creates less impact on the adjacent properties.
J. Lighting, if provided, shall be shielded so that all directly emitted light falls within the property.
K. Farm equipment, tools, supplies, and machinery shall be stored in an enclosed structure or removed from
the property daily. All chemicals and fuels shall be stored off of the ground, in an enclosed, locked
structure when the site is unattended.
L. Tractors and other diesel generated motorized vehicles within a residential zoning district shall be
restricted to hours beginning at 8:00a.m. and ending at 8:00p.m
M. Temporary restroom facilities are permitted only during the growing season from April 15th through
October 15th. The facilities shall be screened on at least three (3) sides from public view by fencing,
structures or plantings of sufficient height.
7. Business License for Commercial Farming
All Urban Commercial Farms and those Community Gardens wishing to engage in Commercial Farming
through the sale of any agricultural products must first obtain a business license through the City.
Community Gardens that do not engage in Commercial Farming are not required to obtain a business license.
8. Private Gardens
A. Private Gardens are permitted uses in all zoning districts.
B. Commercial Farming, i.e., the sale of any agricultural products yielded, from a Private Garden is
prohibited.
C. No Site Plan is required for a Private Garden.
D. The requirements outlined above in Section 6 for Urban Commercial Farms and Community Gardens do
not apply to Private Gardens.
This ordinance adopted:
Ayes: ______________________________________________________________
Nays: _______________________________________________________________
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By____________________________
Ann Cummings, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
28th day of April, 2015, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Planning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were
kept and will be or have been made available as required thereby.
DATED: ___________________, 2015. __________________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 28, 2015, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2313 of the Zoning Ordinance to allow urban commercial farms
and community gardens in B-1, Limited Business; B-5, Governmental Business; MC, Medical Care;
and all Residential (R-1, RT, RM-1, RM-2, RM-3) zoning districts. Copies of the ordinance may be
viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933
Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2015. CITY OF MUSKEGON
By _________________________________
Ann Cummings, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
9
Date: April 28, 2015
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids for: H-1697 GETTY ST.,
EVANSTON TO APPLE AVE.
SUMMARY OF REQUEST:
Award the above referenced project to McCormick Sand Inc. out of Twin Lake, MI.
McCormick Sand submitted the lowest responsible bid of $808,844.50
The award of the contract to McCormick Sand Inc, if approved, must be contingent
upon approval by the state.
FINANCIAL IMPACT:
As previously presented to the Commission, the State’s participation is limited to 54%
of the cost and is capped at $375,000 with the estimated $500,000 remaining in costs,
including engineering, is the city’s responsibility.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Award the contract to McCormick Sand Inc.
COMMITTEE RECOMMENDATION:
None
Date: 28-Apr-15
To: Honorable Mayor and City Commission
From: Dept. of Public Works
RE: Cemetery Management System/GIS
SUMMARY OF REQUEST:
Authorize staff to contract with Johnson&Anderson engineering
services to design a cemetery management system for Restlawn
Cemetery. The system would be used for accessing records, plot and
grave space locations. City staff and the general public would be
able to access information through an integrated web portal.
Costs associated with this request include: Web portal development,
record scanning and GPS mapping of Restlawn Cemetery.
FINANCIAL IMPACT:
$25,215 dollars from the Cemetery fund
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Authorize staff to hire Johnson&Anderson for professional engineering
services.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: April 28, 2015
Date: April 21, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Agreement for Grant Management Services for
United States Environmental Protection Agency
(USEPA) Shoreline Cities Green Infrastructure
Grant Project
SUMMARY OF REQUEST: The City of Muskegon has received a USEPA Shoreline
Cities Green Infrastructure Grant in the amount of $110,449. The West Michigan
Shoreline Regional Development Commission (WMSRDC) will administer the grant,
in conjunction with the Michigan Department of Environmental Quality SAW NPS
Stormwater Planning Grant which they received. The total project amount for both
grants is $221,897. The projects include installation of green infrastructure in a 6.5
acre area (Beidler Street vicinity) that currently contributes untreated stormwater to
an underground pipe that discharges to Muskegon Lake, an embayment of Lake
Michigan.
FINANCIAL IMPACT: Project costs are covered by both grants. There is no cash
match from the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Agreement for Grant Management
Services” (attached) between the City of Muskegon and WMSRDC and authorize the
Mayor and Clerk’s signiture’s.
Date: April 22, 2015
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Turnkey Network Solutions – METRO Act Permit
SUMMARY OF REQUEST: Approve the request for a permit from Turnkey Network
Solutions and authorize the Mayor to sign the permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the permit and sign the documents.
Date: April 22nd, 2015
To: Honorable Mayor & City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: MUFD Equipment Request (Five (5) APX6000 Portable Radios)
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the
amount of $13,500.00; for five (5) APX6000 VHF MHZ Model 1.5 Portable Radios
(includes accessories, batteries, chargers, rugged package & high-viz color). A total
of twenty-five (25) radios will be purchased to complete the joint grant project (Port
City / Homeland Security Grants) this will satisfy the original request to replace all fire
portable radios which are antiquated; some have a service date of fifteen (15) years
or more. The project should be completed by July 31st, 2015.
FINANCIAL IMPACT:
N/A – Budgeted
BUDGET ACTION REQUIRED:
Equipment was budgeted in the 2014/15 budget cycle to support the equipment
replacement (Fire – 50336/5700 -- Capital Outlays) (Grant Match).
STAFF RECOMMENDATION:
Staff recommends approval of this equipment purchase to update & enhance
essential communications for our Fire Service.
Commission Meeting Date: April 28, 2015
Date: April 22, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Approval of the Use & Maintenance of City Owned
Property at 1499 Hoyt St
SUMMARY OF REQUEST:
To approve the use and maintenance of the City owned property located at 1499 Hoyt St for
a community garden. The property is buildable and the City would retain the right to sell the
property with the community garden members having time to remove the garden prior to any
sales.
FINANCIAL IMPACT:
The City would save on the cost of maintenance of this property.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and maintenance agreement.
COMMITTEE RECOMMENDATION:
None
Maintenance Agreement
This Agreement is made April 28, 2015 (“Effective Date”), by and between the City of
Muskegon (“City”), of 933 Terrace Street, Muskegon, Michigan 49440, and David Armstrong,
Muskegon, Michigan.
Background
A. “City” is the owner of the vacant lot located at 1499 Hoyt St (“Property”).
B. The parties wish to enter into an agreement regarding the installation and maintenance of a
flower garden located at the Property.
C. Individual has agreed to perform the installation and physical maintenance of the garden at
the Property pursuant to the terms set forth in this maintenance agreement.
Therefore, the parties agree as follows:
1. General Agreement. Individual agrees, at the sole cost of the Individual, to perform the
installation and physical maintenance of a flower garden at the Property.
2. Site Design. Individual shall submit a garden design for the Property, and receive design
approval from the City, prior to installation. City agrees not to unreasonably withhold its approval of the
garden design. Any necessary permits or variances (fencing, lighting, electrical, plumbing, etc.) are the
responsibility of the Individual and not the City and must be obtained prior to performing any work.
3. Maintenance. Individual shall be responsible for the physical installation of the flower
garden and continuing maintenance of the Property, including i) mowing, trimming, fertilizing, weed
control and any other routine maintenance of the grass, trees, shrubs and plantings at the Property, and ii)
trash and litter removal from the Property.
4. Buildable Lot. City retains the right to sell the property at any time without prior notice to
the Individual. In the event the property is sold, City shall notify the Individual, who shall have 30 days
to remove any plantings and other items installed by the Individual.
5. Term. This maintenance agreement shall continue in effect until terminated by either party.
Upon termination, Individual waives any claim against City for installation or maintenance of any item on
the Property.
6. Insurance. Should the Individual place any items (picnic tables, grills, etc.) that are to
remain on the property for an extended period of time, the Individual must purchase liability insurance
and provide proof of the insurance to the City.
7. Hold Harmless. Individual shall indemnify, defend and save City harmless from and against
any and all claims, actions, damages, liability and expense in connection with the loss of life, personal
injury or damage to property arising from any occurrence in or about the Property or from the occupancy
or use by Individual of the Property or any part thereof or resulting in whole or part from any act or
omission of Individual, its employees, invitees, licensees, contractors or agents. City shall not be liable
for any injury to the person or property of Individual or any other persons on the Property resulting from
the criminal or negligent acts of third persons occurring on or nearby the Property.
[signatures appear on following page]
O:\CLERK\Grimm\City Commission\2015\Agendas\04282015\Agenda Items\1499 Hoyt Agreement.doc
City of Muskegon, a municipal corporation
By: ______________________________
Name: Stephen J. Gawron
Title: Mayor
Date: ___________________________
By________________________________
Name: Ann Cummings, MMC
Title: Clerk
Date: ___________________________
___________________________________
___________________________________
Name: ____________________________
Date: ____________________________
O:\CLERK\Grimm\City Commission\2015\Agendas\04282015\Agenda Items\1499 Hoyt Agreement.doc
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE USE AND MAINTENANCE OF THE BUILDABLE LOT
AT 1499 HOYT ST.
WHEREAS, David Armstrong, owner of 1479 Hoyt St, and his neighbors shall be allowed to use
and maintain the parcel designated as parcel number 24-205-280-0012-00, located at 1499 Hoyt
St; and
WHEREAS, the City would reserve the right to sell the property and give the members time to
remove the gardens prior to any sales; and
WHEREAS, the maintenance would relieve the City from having to maintain the property and
the maintenance costs while the garden is there; and
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-280-0012-00, located at
1499 Hoyt St be maintained for a community garden by David Armstrong and the members of
the community garden.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 BLK 280
Adopted this 28th day of April, 2015
Ayes:
Nays:
Absent
By: _________________________
Stephen J. Gawron
Mayor
Attest: ________________________
Ann Cummings, MMC
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on April 28, 2015.
By: ________________________
Ann Cummings, MMC
City Clerk
Commission Meeting Date: April 28, 2015
Date: April 20, 2015
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE: Public Hearing for 2015 – 2016 Action Plan
SUMMARY OF REQUEST: To conduct a public hearing of the 2015 –
2016 Action Plan for public comments.
FINANCIAL IMPACT: Action Plan establishes the 2015-2016 Community
Development Block Grant and HOME budgets.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To receive comments about the proposed
2015 – 2016 Action Plan at the public Commission meeting.
Date: April 22, 2015
To: Honorable Mayor and City Commissioners
From: Finance Department
RE: 2015-16 Healthcare & Wellness Program
SUMMARY OF REQUEST: It is time to renew the City's healthcare coverage for 2015-16 plan year (6/1/15-
5/31/16). Renewal premiums for the City's current healthcare program came in at a 9.95% increase over the
current year. Last year we experienced a decrease of 2.62% due to changing to an 80/20 coinsurance plan and
increasing the deductible from $1,000/$2,000 to $2,000/$4,000. In 2013-14 the increase was 5.04% over the prior
year. In comparative terms, many employers have been experiencing sharp double-digit rate increases for several
years. Also, the City’s healthcare costs remain below the “hard cap limits” set by PA 152 and remain cost
competitive with the standards set by the state for new hires. These are good independent indicators that the City’s
program is cost-effective.
For 2015-16, the City will continue to pay the HRA deductible if the employee and spouse completed the four-step
wellness initiative by March 31st; non-participants in the wellness program will continue to pay the first $500
(single)/ $1,000 (double/family) of the deductible.
FINANCIAL IMPACT: Following is an estimate of gross premium costs for the Priority Health HMO program
compared with the current healthcare plan year:
2015‐16 2014‐15
Single Double Family Single Double Family
Monthly Premium $ 463.28 $ 1,042.38 $ 1,250.86 $ 421.37 $ 948.08 $ 1,137.70
Rate Change 9.95% 9.95% 9.95% (2.62%) (2.62%) (2.62%)
Annual Premium 5,559.36 12,508.56 15,010.32 5,056.44 11,376.96 13,652.40
Current # Employees 40 35 122 40 35 122
Total Annual Premium 222,374.40 437,799.60 $ 1,831,259.04 202,257.60 398,193.25 $ 1,665,592.80
2,491,433.04 2,266,043.65
Add: HRA Deductibles Paid by City 160,000.00 160,000.00
Less: 10% Employee Premium Copays (249, 143.30) (226, 604.36)
Equals: Employer Cost $2,402,289.74 $2,199,439.29
2015 PA 152 Hard Cap Limits 2014 PA 152 Hard Cap Limits
$ 5,992.30 $ 12,531.75 $ 16,342.66 $ 5,857.58 $ 12,250.00 $ 15,975.23
239,692.00 438,611.25 1,993,804.52 234,303.20 428,750.00 1,948,978.06
$2,672,107.77 $2,612,031.26
Full-time City employees pay 10% of the above premium costs through payroll deduction.
BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be included in the forthcoming
2015-16 budget.
STAFF RECOMMENDATION: Authorize staff to execute documents with Priority Health to renew employee
healthcare coverage for the coming year.