City Commission Packet 03-22-2011

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                   MARCH 22, 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. Lease Proposal for MACkiteboarding at Pere Marquette Park. PUBLIC
     WORKS
  C. City – MDOT Agreement for the Reconstruction of Temple Street, Young
     to Laketon. ENGINEERING
  D. City – MDOT Agreement for the Reconstruction of Getty Street, Laketon
     to Evanston. ENGINEERING
  E. Amend Chapter 30 of the Code of Ordinances – Fire Prevention.
     PUBLIC SAFETY
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
  A. SECOND READING: Amendment to the Zoning Ordinance – Medical
     Marihuana Facilities. PLANNING & ECONOMIC DEVELOPMENT
  B. SECOND READING: Amendment to the City Code of Ordinances –
     Medical Marihuana Regulation and Licensing.   PLANNING &
     ECONOMIC DEVELOPMENT
NEW BUSINESS
       A. Contract for Assessing Services. FINANCE
       B. 2011-2012 Healthcare & Wellness Program. FINANCE
       C. 2011-2012 CDBG/HOME                          Recommendations.                      COMMUNITY   &
          NEIGHBORHOOD SERVICES
       D. Civil Service Budget Adjustment. 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:     March 22, 2011
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the March 7th
Commission Worksession Meeting and the March 8th City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                 CITY OF MUSKEGON
                           CITY COMMISSION WORKSESSION

                                    Monday, March 7, 2011
                                          5:30 p.m.
                                  City Commission Chambers


                                      MINUTES

2011-13
Present:   Mayor Warmington, Vice Mayor Gawron, Commissioners Spataro, Wierengo,
           Wisneski, Carter, and Shepherd.

Lakeshore Baseball Club’s Request to Maintain Campbell Field.
Jim Grevel from the Lakeshore Baseball Club explained their request to maintain the baseball
fields at Campbell Field. Bob Richardson representing West Michigan Little League stated that
they are confident that they can work together.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve Lakeshore
Baseball Club’s request to maintain Campbell Field based on approval of staff.
                                                                  MOTION PASSES
Easements – Consumers Energy Company.
Consumers Energy Company is seeking four easements from the City of Muskegon for its
Muskegon-Cobb #1 and #2 line relocation projects. The project objective is to relocate five High
Voltage Distribution lines that currently exist in the wetlands area East of Consumers Energy’s
Cobb Generation Plant, to a location out of a wetlands area. This is being done to facilitate
access, which could reduce the size and duration of the outages, should an event in the area
damage these lines. Access is currently limited, due to changing environmental restrictions.
William Carlson and Pete from Consumers Energy Company explained the request and answered
questions. This will be voted on at the March 8th City Commission Meeting.
Amendment to the City Code of Ordinances – Medical Marihuana Regulation and
Licensing.
Mike Franzak explained the item. Discussion was held and comments were heard. This will be
discussed further at the Public Hearing on the March 8th City Commission Meeting.
Adjournment.
Motion by Commissioner Carter, second by Commissioner Shepherd to adjourn at 7:06
p.m.
                                                                  MOTION PASSES



                                                           ________________________
                                                            Ann Marie Becker, MMC
                                                                 City Clerk
      CITY OF MUSKEGON
       CITY COMMISSION MEETING
                       MARCH 8, 2011
      CITY COMMISSION CHAMBERS @ 5:30 P.M.
                               MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 8,
2011.
  Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the Evanston Avenue Baptist Church 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 Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2011-14 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, February 22, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Purchasing Cards. FINANCE
SUMMARY OF REQUEST: The City has used purchasing cards since 1994 as a
means to streamline purchasing and vendor payment processes. The State of
Michigan recently negotiated its P-card program with Bank of America and is
extending the contract to other units of government through the MiDeal joint
purchasing program. The state program offers substantial benefits over our
current arrangement with 5/3 Bank:
  •   Higher rebates – Currently we receive a fixed 1% rebate on P-card
      purchases. This rebate generates about $35,000 annually. Under the
      state program, our purchasing volume is pooled with the state and other
       members of the program. Currently, rebates would be about 1.38% and
       would grow as additional members join the program.
   •   User interface – The current card management user interface is not user
       friendly and has caused some staff dissatisfaction. Staff has worked
       through a demonstration of the interface for the state P-card and found it
       to be superior in terms of usability and functionality.
FINANCIAL IMPACT:          The change will generate an estimated $13,000 in
additional rebates that will grow further as program membership increases. Staff
efficiencies will be realized from the more user-friendly P-card management user
interface. Finally, the City benefits because the state has borne the costs of the
RFP and due diligence process.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to execute documents needed to
join the state P-card program.
       F. Liquor License Request for Watermark Banquet and Conference Center,
          920 Washington. CITY CLERK
SUMMARY OF REQUEST:       The Liquor Control Commission is seeking local
recommendation on a request from Watermark Banquet and Conference
Center, LLC, 920 Washington Street to amend initial forms to Enlarge Outdoor
Service Area and Drop One Additional Bar Permit for a total of 3 bars.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Departments are recommending approval with
zoning issues to be worked out.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus items C, D, and E.
ROLL VOTE: Ayes:     Gawron, Shepherd,       Spataro,   Warmington,    Wierengo,
           Wisneski, and Carter
             Nays: None
MOTION PASSES
2011-15 ITEMS REMOVED FROM THE CONSENT AGENDA:
       C. Amendment to the Zoning Ordinance – Medical Marihuana Facilities.
          PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 1500 (Principle
Uses Permitted) of Article XV (I-2, General Industrial Districts) of the zoning
ordinance to allow medical marihuana caregiver facilities as a principal use
permitted in I-2, General Industrial Districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the request at their February 10th meeting.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the amendment to the zoning ordinance as presented regarding
medical marihuana facilities.
ROLL VOTE: Ayes:  Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: Shepherd
MOTION PASSES – REQUIRES SECOND READING
       D. Application for Special License (Liquor Control Commission). PUBLIC
          SAFETY
SUMMARY OF REQUEST: The Muskegon Museum of Art has submitted an
application for a Special License for Beer, Wine and Spirits for Consumption on
the Premises for the following events:
   •   Reception      April 29, 2011
   •   Gala Dinner    June 11, 2011
   •   Reception      November 18, 2011
The Museum meets all of the requirements for the special license with the
exception of the request for “spirits”. Commission policy dictates that any
special license request which includes spirits must be considered and approved
by the body.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff has no recommendation.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the application for special liquor license for the Muskegon Museum of Art but not
include the request for spirits for consumption so that we are consistent with our
other special liquor license requests.
ROLL VOTE: Ayes: Spataro
            Nays:  Warmington, Wierengo, Wisneski, Carter, Gawron, and
            Shepherd
MOTION FAILS
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the application for a special liquor license for the Muskegon Museum of Art
which includes beer, wine and spirits.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      E. Request from Consumers Energy for Easements. ENGINEERING
SUMMARY OF REQUEST: Consumers Energy Company is seeking four easements
from the City of Muskegon for its Muskegon-Cobb #1 and #2 line relocation
projects. The project objective is to relocate five High Voltage Distribution lines
that currently exist in the wetlands area East of Consumers Energy’s Cobb
Generation Plant, to a location out of a wetlands area. This is being done to
facilitate access, which could reduce the size and duration of the outages,
should an event in the area damage these lines. Access is currently limited, due
to changing environmental restrictions.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request from Consumers Energy for the Easements as described.
Motion by Commissioner Spataro, second by Commissioner Wierengo to amend
motion to include the requirement for staff and attorney review before the Mayor
and City Clerk sign the easements.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2011-16 PUBLIC HEARINGS:
      A. Request to Repeal Existing Historic Preservation Ordinance. PLANNING
         & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to repeal Chapter 38, Article II of
the Code of Ordinances of the City of Muskegon. The ordinance will be
replaced with an updated version.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To repeal the existing ordinance.
COMMITTEE  RECOMMENDATION:             The  Historic    District  Commission
recommended to repeal the current ordinance at their February 1st meeting.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the request to repeal the existing historic
preservation ordinance.
ROLL CALL: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
      B. Request to Amend Chapter 38, Article III of the Code of Ordinances,
         Historic District Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Chapter 38, Article III of
the City Code of Ordinances to approve a new historic preservation ordinance.
The new ordinance will meet the State of Michigan Historic Preservation Office
standards and make Muskegon historic district residents eligible for historic
building restoration tax credits.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed ordinance.
COMMITTEE    RECOMMENDATION:        The     Historic   District Commission
recommended to approve the new historic district ordinance at their February
1st meeting.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Spataro, second by Commissioner Wierengo to close
the Public Hearing and approve the request to amend Chapter 38, Article III of
the Code of Ordinances, Historic District Ordinance.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
      C. Amendment to the City Code of Ordinances – Medical Marihuana
         Regulation and Licensing. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Chapter 34, Article IV of
the Code of Ordinances to regulate and license certain aspects of medical
marihuana cultivation, use and distribution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance amendment.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from David Keenan, 4255 Squaw Creek Trail,
Muskegon; Jarred Foster, 10954 Mt. Ash Avenue, Grand Rapids; and Attorney
Kevin Wester and Derek Antol, Greater Michigan Compassion Club, 1504
Montgomery.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing and approve the amendment to the City Code of Ordinances
regarding medical marihuana regulation and licensing.
ROLL VOTE: Ayes:     Gawron, Spataro, Warmington, Wierengo, Wisneski, and
           Carter
            Nays: Shepherd
MOTION PASSES – REQUIRES SECOND READING
      D. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 22,
2011, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Jennifer Osborn, 3125 Tule Street NW,
Grand Rapids from CJ’s on the Beach.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the recommendation as presented for annual
renewal of liquor licenses.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
            and Gawron
            Nays: None
MOTION PASSES
2011-17 UNFINISHED BUSINESS:
      A. SECOND READING: Amendment to the Zoning Ordinance – Outdoor
         Lighting. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:            Staff initiated request to amend Section 2331
(Landscaping, Fencing, Walls, Screens and Lighting) of Article XXIII (General
Provisions) of the zoning ordinance to modify the guidelines on outdoor lighting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 10th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the amendment to the Zoning Ordinance affecting outdoor lighting.
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 1221
         W. Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to rezone the property at 1221 W.
Laketon Avenue from RM-2, Medium Density Multiple Family Residential District
to R-1, Single Family Residential District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 10th meeting.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the rezoning request for the property located at 1221 W. Laketon Avenue from
RM-2 to R-1.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
           Spataro
            Nays: Wisneski
MOTION PASSES
2011-18 NEW BUSINESS
      A. Five-Year Consolidated Plan.        COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST: To allow CNS staff to publish a summary of the 2011–
2016 City of Muskegon Five-year Consolidated Plan for citizen review for not less
than 30 days. A public notice will solicit comments on our proposed plan.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: We are requesting to direct the CNS office to publish
a summary of the 2011-2016 City of Muskegon Five-year Consolidated Plan.
Motion by Vice Mayor Gawron, second by Commissioner Carter to direct the
CNS office to publish a summary of the 2011-2016 City of Muskegon Five-year
Consolidated Plan.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:31 p.m.


                                           Respectfully submitted,




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

                 CITY COMMISSION MEETING ___________________



TO:           Honorable Mayor and City Commission


FROM:         Department of Public Works


DATE:         March 22, 2011


SUBJECT:      Lease Proposal for MACkiteboarding at Pere Marquette Park


SUMMARY OF REQUEST:
Staff is asking permission to enter into 3-year contractual agreement with Steve Negen of
MACkiteboarding for a Kiteboard School and Shop in Pere Marquette Park at 1955 Beach Street
(former old brown/brick beach house building by Filtration Plant).


FINANCIAL IMPACT:
Revenue will be $2,500 per year for 2011, 2012 and 2013 contract years. Lessee also agrees to
provide a Handicapped Restroom outside of building.
Previous 3 year contract revenue was $2,500 per year for the 2008, 2009, and 2010 seasons.

BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve request.


COMMITTEE RECOMMENDATION:
MACkiteboarding Lease Proposal 

 

Property : 

1955 Beach St, Muskegon Mi 

Rate: $2,500 per year 

Extra – Handicapped Portable Restroom outside of the building 

Duration: 3 years 

 

Steve Negen 

President ‐ MACkiteboarding 
Date:        March 22, 2011
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          City – MDOT Agreement for the reconstruction of:
             Temple Street, Young to Laketon


SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the reconstruction of Temple Street
from Young to Laketon. And approve the attached resolution authorizing the Mayor
and City Clerk to sign the contract.



FINANCIAL IMPACT:
MDOT’s participation is limited to the TEDF- A (state funds) of $139,003. The
estimated total construction cost is $175,000.

BUDGET ACTION REQUIRED:
None at this time as this project appears in the 2010/2011 budget (2nd reforecast)

STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.



COMMITTEE RECOMMENDATION:
                          RESOLUTION__________

RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF TEMPLE STREET BETWEEN
YOUNG AVE. & LAKETON AVE. TOGETHER WITH OTHER NECESSARY
RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J.
WARMINGTON AND CITY CLERK, ANN BECKER, TO EXECUTE SAID
CONTRACT

Moved by_____________________________________and supported by


Commissioner___________________________that the following Resolution be
adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 11-5111 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Temple Street between Young Ave. & Laketon Ave. within the
City is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 11-5111 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.



Adopted this____________day of____________, 2011.

                                       BY

                                        Stephen J. Warmington, Mayor

                                       ATTEST

                                            Ann Becker, City Clerk

                               CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
____________, 2011. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
                                               CITY OF MUSKEGON

                                       By___________________________
                                            Ann Becker, City Clerk
Date:         March 22, 2011
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           City – MDOT Agreement for the reconstruction of:
              Getty Street, Laketon to Evanston


SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the reconstruction of Getty Street from
Laketon to Evanston. And approve the attached resolution authorizing the Mayor
and City Clerk to sign the contract.



FINANCIAL IMPACT:
MDOT’s participation is limited to the TEDF-F (state funds) of $375,000. The
estimated total construction cost is $1,000,000 which is different than what is shown
in the agreement of $525,000. The agreement figure of $525,000 was based on a
milling and resurfacing construction method which has since been deemed as not
appropriate due to underground work among other reasons.

BUDGET ACTION REQUIRED:
Due to higher than originally anticipated required local match, it is likely the city
need to issue MTF bonds for this and other grant funded street projects. A
potential bond issue was included in the 2010/2011 budget but was deferred.
This project, if approved, will be included in the 2011/2012 budget.

STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.



COMMITTEE RECOMMENDATION:
                          RESOLUTION__________

RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF GETTY STREET BETWEEN
LAKETON AVE. & EVANSTON TOGETHER WITH OTHER NECESSARY
RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J.
WARMINGTON AND CITY CLERK, ANN BECKER, TO EXECUTE SAID
CONTRACT

Moved by_____________________________________and supported by


Commissioner___________________________that the following Resolution be
adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 11-5108 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Getty Street between Laketon & Evanston within the City is in
the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 11-5108 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.



Adopted this____________day of____________, 2011.

                                       BY

                                        Stephen J. Warmington, Mayor

                                       ATTEST

                                            Ann Becker, City Clerk

                               CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
____________, 2011. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
                                               CITY OF MUSKEGON

                                       By___________________________
                                            Ann Becker, City Clerk
                            City Commission Meeting
                               Tuesday March 22, 2011



TO:           Honorable Mayor and City Commissioners

FROM:         Anthony L. Kleibecker, Director of Public Safety

DATE:         March 15, 2011

SUBJECT:    Amend Chapter 30 of the Code of Ordinances-Fire Prevention
________________________________________________________________________

Summary of Request:

The Director of Public Safety is requesting that the City Commission amend Chapter 30
of the Code of Ordinances concerning Fire Prevention and Protection. This includes the
adoption of the 2009 International Fire Code.

Financial Impact:

None

Budget Action Required:

None

Staff Recommendation:

Approval of the request.
                                      City of Muskegon
                                  Muskegon County, Michigan

                                  ORDINANCE NO. _______

The City Commission of the City of Muskegon hereby ORDAINS:
       Chapter 30 of the Code of Ordinances of the City of Muskegon concerning the Fire
Prevention Code is amended, as follows:
1.      Section 30-191 shall be amended to read as follows:
        Adoption.
        The city hereby adopts the International Fire Code, 2009 edition, including all
appendices thereto, except for Appendix A which is not adopted, as published by the
International Code Council, as the Fire Code of the City of Muskegon, in the State of Michigan.
The International Fire Code regulates and governs the safeguarding of life and property from fire
and explosion hazards arising from the occupancy of buildings and premises; provides for the
issuance of permits and collection of fees therefore; and each and all of the regulations,
provisions, penalties, conditions, and terms of the International Fire Code on file in the office of
the City of Muskegon are hereby referred to, adopted, and made a part hereof, as if fully set out
in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in this
ordinance. Copies of the International Fire Code are on file in the office of the City Clerk of the
City of Muskegon, and the code is made a part hereof as if fully set forth in this article.
        If any conflict exists between any provision in the International Fire Code and a provision
in the Michigan Building Code, the Michigan Building Code, 2009 edition, shall prevail.
This ordinance adopted:


Ayes:
Nays:


Adoption Date:
Effective Date:
First Reading:
Second Reading:
                                                     CITY OF MUSKEGON



                                              By:________________________________
                                                     Ann Marie Becker, 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 22nd day of March, 2011, 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 Act No. 267, Public Acts of Michigan of 1976, as
amended, and the minutes were kept and will be or have been made available as required
thereby.

Dated: ____________, 2011



                                              ____________________________________
                                              Ann Marie Becker, MMC
                                              City Clerk
                                            CITY OF MUSKEGON
                                           NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED


       Please take notice that on March 22, 2011, the City Commission of the City of Muskegon
adopted Chapter 34, Sections 34-101 through 34-114 of the Muskegon City Code concerning
Medical Marihuana Regulation and Licensing, summarized as follows:

1.       Section 34-101 articulates the Intent of the Ordinance to Regulate and License Certain
         Aspects of Medical Marihuana Cultivation, Use and Distribution.

2.       Section 34-102 provides the definitions of various terms used in the Ordinance to
         Regulate and License Certain Aspects of Medical Marihuana Cultivation, Use and
         Distribution.

3.       Section 34-103 provides the Findings and Declaration of Facts which are the basis for the
         Ordinance to Regulate and License Certain Aspects of Medical Marihuana Cultivation,
         Use and Distribution.

4.       Section 34-104 prohibits distribution centers.

5.       Section 34-105 permits the cultivation of marihuana by a qualified patient, with no
         licensing requirement. Distribution of marihuana by a qualified patient is prohibited.

6.       Section 34-106 permits caregivers, pursuant to a City of Muskegon license, to cultivate
         and distribute marihuana to a qualified patient pursuant state law.

7.       Section 34-107 provides the application process for obtaining permission to act as a
         caregiver in the City of Muskegon.

8.       Section 34-108 establishes the requirements and standards for approval of licensure and
         activity permitted by a caregiver.

9.       Section 34-109 permits establishing other conditions for caregivers.

10.      Section 34-110 establishes land use restrictions relating to medical marihuana.

11.      Section 34-111 provides a process for existing medical marihuana facilities to comply
         with City ordinances or a period of time to cease operating.

12.      Section 34-112 provides restrictions on the distribution of marihuana.

13.      Section 34-113 provides the penalty for violating the Ordinance to Regulate and License
         Certain Aspects of Medical Marihuana Cultivation, Use and Distribution.


O:\CLERK\POTTER\WORD\City Commission Agenda\City Code of Ordinances - Medical Mearijuana.DOC
                                                           13
Date: March 22, 2011
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Contract for Assessing Services


SUMMARY OF REQUEST: Since 1999, the City has contracted with the Muskegon County
Equalization Department for assessing services. The closure of the Sappi plant together with general tax
base loss changed the City’s required assessor status from Level IV to Level III. This caused staff to
explore whether taking the assessing function back in-house might be cost effective. However, after in-
depth discussions with the County, we have reached a new five-year agreement that continues the current
intergovernmental service model while achieving the City’s cost goals. The proposed agreement is
presented here for your consideration.


FINANCIAL IMPACT: The base cost for the proposed contract is $344,367 with yearly adjustments
based on the growth (decline) in the City’s taxable value. The base cost for the current contract is
$459,300.



BUDGET ACTION REQUIRED: Agreed to costs for assessing services will be included in the
forthcoming 2011-12 budget. The City will see reduced costs for the last quarter of the 2010-11 fiscal year
which will be incorporated in the upcoming budget reforecast.



STAFF RECOMMENDATION: Authorize staff to execute documents with Muskegon County for
continued provision of assessing services.



COMMITTEE RECOMMENDATION: None.




                                                                                    1
              AGREEMENT BETWEEN THE CITY OF MUSKEGON
                               AND
              MUSKEGON COUNTY BOARD OF COMMISSIONERS

        THIS AGREEMENT, entered into as of the first day of April 2011, between the
City of Muskegon, a municipal corporation, by its City Commission, hereinafter referred
to as “Municipality”, and the County of Muskegon, by its Board of Commissioners,
hereinafter referred to as the “County”, is as follows:

                                        PURPOSE

        The purpose of this Agreement is to provide for a property assessment
administration program to be administered by the County Equalization Director, or
designated representative, which will list, appraise, and maintain a complete set of
records for all real and personal property, subject to ad valorem taxation, specific taxes,
in-lieu-of tax agreements within the Corporate limits of the Municipality, pursuant to
Public Act No. 160 of 1972.

                             TERM AND TERMINATION

 The agreement shall commence April 1 of 2011, and terminate March 31, 2016,
provided that either party may terminate the Agreement on March 31 of each year upon
one year prior written notice. The notice shall be sent by certified mail to the County
Equalization Director if terminated by the Municipality. The notice shall be sent by
certified mail to the City Manager if terminated by the County.

I. The County agrees to perform the services and provide the materials set forth herein.

        A. SCOPE OF SERVICE – To classify and appraise, according to the
constitution and laws of the State of Michigan, each parcel of real property within the
confines of the Municipality and process all assessable personal property that is in the
Municipality, and use the methods prescribed by the Michigan State Tax Commission.
The Equalization Department will provide an assessment roll that will equal the tentative
State Equalized Values for each classification of property. The final factor will be
determined by the action of the Municipality’s Board of Review and the process of state
equalization as determined by the State Tax Commission. Exhibit A outlines the full
scope of services provided to the City.

       B. QUALIFIED STAFF - All County employees engaged in the performance of
this Agreement shall be professional in manner and appearance, and be trained in
property appraisal techniques. The assessor shall be certified by the State Tax
Commission, as required for the Municipality’s size and State Equalized Value.

       C. EQUIPMENT AND SUPPLIES - The County will provide all
equipment and supplies needed for the routine performance of its duties without
additional expenses, except as otherwise set forth herein.
        D. Maps and Records – The Municipality shall provide current land use
maps, zoning maps, and shall make available any records or data which may be of
use in making the appraisal, without cost to the County. The County has
implemented a GIS system in which mapping data is maintained. The GIS system is
addressed in sub-point “M” of this agreement.

        E. APPRAISAL MANUALS/SCHEDULES - The current Michigan State
Tax Commission Assessor’s Manuals shall be the cost schedules used in the
appraisal of all properties. All cost schedules shall be indexed to reflect current
costs as of Tax Day.

        F. RECORD CARDS - The County will maintain the master file at a
specified location. The master file shall become the property of the Municipality
when delivered.

        G. PUBLIC RELATIONS – Both parties recognize that good public
relations are vital to the success of the assessment administration program. During
the terms of this Agreement, County employees shall endeavor to promote
understanding and amicable relations with all members of the public. County Staff
will be assigned by the Equalization Director to report at the designated Municipal
Building when necessary to conduct their duties, interact with Municipal Staff,
attend meetings, and promote community relations.

        H. PROPERTY OWNER NOTIFICATION AND OFFICIAL
STATEMENTS – It shall be the responsibility of the County to notify all property
owners annually of assessed and taxable values, as provided by law, whether values
increase or decrease, as well as distribute personal property statements and other
official forms.

       I. ASSESSMENT ROLL - The County shall prepare the assessment roll
and certify the same for the Municipality in a timely manner.

       J. BOARD OF REVIEW - County Staff will advise and assist the
Municipality’s Board of Review in preparing for, conducting, and implementing
any changes resulting from the required meeting of the Board.

        K. APPEALS AND OTHER FUNCTIONS - The County Equalization
Director or designated representative shall represent the Municipality in all property
assessment appeals and in proceedings before the Tax Tribunal concerning
properties under this Agreement. The Municipality shall designate and provide the
legal services for such appeals or proceedings filed during the existence of this
agreement; however, costs or expenses which may be incurred by the County in
employing additional counsel, expert appraisers, or performing extraordinary
specific appraisal work in connection with such appeals, proceedings, or other
functions shall be paid by the Municipality provided that the Equalization Director
seeks and obtains approval from the Municipality prior to incurring such costs or
expenses. Any counsel retained to handle appeals shall work under the direction of
the Equalization Director. Additionally, should either party terminate this
agreement, the County or designated representative shall represent the Municipality
in all property assessment appeals and in proceedings filed during the existence of
this agreement. The fee shall be $75.00 per hour for preparation, appearance, and
travel after termination of the agreement. The fee should be multiplied by the
current year’s Inflation Multiplier (as determined by the Consumer Price Index,)
effective October 1, 2011, and adjusted annually in this manner on this date for
every year thereafter.

        L. COMPUTERIZED APPRAISALS AND INFORMATION
TECHNOLOGY – The County will provide staff, equipment, and software to
maintain electronic property records using a computer assisted mass appraisal
system. Assessment administration, including digital photography and sketching,
as well as general business application software shall be supplied by the County.
All property information shall adhere to the requirements of the County Wide Area
Network and its specifications. The records will be utilized for annual valuation
updates. The County may request the assistance of designated staff of the
Municipality to determine proper neighborhoods for market value determinations.
The County will ensure that the assessment records reflect the property’s true cash
value, assessed valuation, and taxable valuation to be utilized for any property tax
calculations in accordance with applicable General Property Tax Law requirements.
The computer assisted mass appraisal system and its attributes shall become the
property of the Municipality upon termination of this agreement.

Additionally, the County and The Municipality shall participate in an electronic
building permit system that will transfer such data to the computer aided assessment
administration system without modification or hesitation. The system and its
attributes shall be determined by the County.

      M. Geographical Information Systems – The County and The
Municipality have implemented a geographical information system. An
independent formal mutual agreement governs this function.

        N. SPECIAL ASSESSMENTS - Special assessment benefit analyses, roll
preparation, processing, and related reports will be provided by the County when
formally requested. The fee shall be $75.00 per hour. The fee should be multiplied
by the current year’s Inflation Rate Multiplier (as determined by the Consumer
Price Index,) effective October 1, 2011, and adjusted annually in this manner on
this date for every year thereafter.

       O. RECORDS MAINTENANCE AND ACCESS – The County agrees to
maintain records with the most current information the County has available.

              1.     All changes in property ownership will be recorded in the
       assessment records within thirty days of being filed with the Muskegon County
       Register of Deeds unless incomplete property documentation prevents timely
       recording. In these cases, the Equalization Department will strive to get complete
       accurate ownership information recorded as quickly as practical.

               2.     City staff will be afforded full access to assessment records
       (including photographs).

–II. The County will perform all the above services for the Municipality, subject to fees
and expenses set forth and under the terms and conditions herein:
       A. FEES - For each year of this agreement the annual fee shall be calculated in
          the following manner: The fee for the base year, which is from April 1, 2011
          to March 31, 2012, shall be $344,367.00 (base annual fee). The base Annual
          Fee of $344,367.00 shall be multiplied by the Growth Index effective, and
          annually on April 1 for every year throughout the term of this agreement. The
          Growth Index is determined by dividing the Municipality’s current year
          aggregate taxable value by the Municipality’s previous year’s aggregate
          taxable value as published in the Equalization Report. The index shall be
          compounded annually.
        B. PAYMENTS - The Municipality shall remit the annual fee in equal
quarterly payments.

        C. RELATIONSHIP OF THE PARTIES – The parties acknowledge that
the agreement between the County and The Municipality is one of an independent
contractor. Neither of the parties should represent that an employment relationship
is created or exists with regards to the employees of the other. This independent
contractor relationship shall be given its full scope and intent including without
limitation as it pertains to liability, wages, benefits, and taxation.

VI.    MISCELLANEOUS

       A.      SECTION HEADINGS - The headings of the several sections, and
any Table of Contents appended hereto, shall be solely for convenience of
reference and shall not affect the meaning, construction or effect hereof.

        B.      SEVERABILITY - If any one or more of the provisions contained
herein shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, then such provision or provisions shall be deemed severable from the
remaining provisions hereof, and such invalidity, illegality, or unenforceability
shall not affect any other provision hereof, and this Agreement shall be construed
as if such invalid, illegal or unenforceable provision had never been contained
herein.

       C.       ENTIRE AGREEMENT AND AMENDMENT - In conjunction with
matters considered herein, this Agreement contains the entire understanding and
agreement of the parties and there have been no promises, representations, agreements,
warranties, or undertakings by any of the parties, either oral or written, of any character
or nature hereafter binding except as set forth herein. This Agreement may be altered,
amended or modified only by an instrument in writing, executed by the parties to this
Agreement and by no other means. Each party waives their future right to claim, contest
or assert that this Agreement was modified, canceled, superseded or changed by any oral
agreements, course of conduct, waiver or estoppel.

        D.      SUCCESSORS AND ASIGNS - All representations, covenants, and
warranties set forth in the Agreement by or on behalf of, or for the benefit of any or all of
the parties hereto, shall be binding upon and inure to the benefit of such party, its
successors and assigns.

        E.      TERMS AND CONDITIONS - The terms and conditions used in this
Agreement shall be given their common and ordinary definition and will not be construed
against either party.

        F.     EXECUTION OF COUNTERPARTS - This Agreement may be
executed in any number of counterparts and each such counterparts shall for all purposes
be deemed to be an original; and all such counterparts, or as many of them as the parties
shall preserve undestroyed, shall together constitute one and the same instrument.

                                               ACKNOWLEDGEMENTS

                                              By:
                                                      Steve Warmington
                                              Its:    Mayor

                                              By:
                                                      Ann Marie Becker
                                              Its:    City Clerk

                                              Approved as to Form:


                                              John C. Schrier, City Attorney
County of Muskegon:
                                              By:
                                                      Kenneth Mahoney
                                              Its:    Chairman Board of Commissioners

                                              By:
                                                      Nancy A. Waters
                                              Its:    Clerk

                                              Approved as to Form:


                                              Theodore Williams, Corporate Counsel
                      Exhibit A – Scope of Services

1. Muskegon County Equalization shall prepare annually by July 15 of each year a
   TIFA/LDFA report.
2. Muskegon County Equalization shall furnish the City of Muskegon a copy of the
   Equalization Report following adoption by the County Board of Commissioners.
3. Muskegon County Equalization will maintain records for the City of Muskegon
   that are in substantial compliance with state law - which includes the ability to
   pass a 14 point review or mini review (Please see attached forms – STC Form
   4557 and Certification Statement).
Michigan Department of Treasury
4557 (Rev. 03-09)


                        Review of Local Unit Assessment Administration Practices,
                                         Procedures and Records

                                     MICHIGAN STATE TAX COMMISSION

                            Random Review                 Follow Up Review                 Ordered Review


         UNIT:              COUNTY:

         YEAR:

         YEAR OF ORIGINAL REVIEW (FOLLOW-UP REVIEW):

         Score:

         Name of Township Supervisor/City Manager/Mayor:
         Name of Assessing Officer:
         SAB Certification No.:
         SAB Certification Level:
         Required Unit Level:
         1% Administration Fee added to tax collection: Yes              No

         Notes:


         1a. On what date was the assessment roll certified by the above identified assessing officer?

         General Law Date:                               Charter Date:

         Date:

         Notes:


         1b. On what date did the assessing officer deliver the certified assessment roll (original hard copy) to the local Board of
         Review for its required March meetings?

         General Law Date:                               Charter Date:

         Date:

         Notes:




                                                                 1
Michigan Department of Treasury
4557 (Rev. 03-09)




         2a. On what date was the assessment roll certified by the local Board of Review?

         Date:


         Notes:



          2b. Did the local Board of Review utilize State Tax Commission form L-4035 (or equivalent)?

             Yes                  No

         Notes:



          2c. Did the secretary of the local Board of Review utilize State Tax Commission form L-4035a to document valuation
         changes authorized by the board?

             Yes                  No

         Notes:



         2d. Did the local unit Board of Review prepare minutes of the meetings and actions authorized by the local Board of
         Review and file the minutes with the local unit clerk (MCL 211.33)?

         March BOR Session                 Yes             No
         July BOR Session                  Yes             No
         December BOR Session              Yes             No

         Notes:



         2e. Is the Board of Review in substantial compliance with the requirements of the GPTA (MCL 211.10f, MCL 211.33,
         R209.28(4)?

         March BOR Session                 Yes             No
         July BOR Session                  Yes             No
         December BOR Session              Yes             No

         Notes:



                                                                2
Michigan Department of Treasury
4557 (Rev. 03-09)



         2f. On what date did the local unit/Board of Review Close?

         March BOR Session


         July BOR Session                      Statutory Date


         December BOR Session                  Statutory Date


         Notes:


         3a. On what date was the certified copy of the assessment roll delivered to the county equalization department?

         Date:

         Notes:


         3b. On what date did the assessing officer deliver State Tax Commission form L-4021 to the county equalization
         department?

         Date:

             Original Hard Copy            Electronic/Magnetic File Transfer

         Notes:


         3c. On what date did the assessing officer deliver State Tax Commission form L-4022 to the county equalization
         department?

         Date:

             Original Hard Copy            Electronic/Magnetic File Transfer

         Notes:


         3d. On what date did the assessing officer deliver a complete State Tax Commission form L-4025 (all property) to the
         county equalization department?

         Date:

         Notes:



                                                                3
Michigan Department of Treasury
4557 (Rev. 03-09)



         4. Does the local unit have a printed copy of the 2003 Assessor’s Manual for review by the taxpayers and a copy of the
         manual actually used to make the assessments?

             Yes                  No

         Notes:


         5. MCL 211.10e Requirements – Pursuant to MCL 211.10e, please identify which of the following assessors’ manuals
         is utilized by the local unit assessing officer:

             a) Michigan Assessors Manual, 1998 Cost Tables

             b) Michigan Assessors Manual, 2003 Cost Tables

             c) Other (specify):


         6. MCL 211.10e Requirements – Pursuant to MCL 211.10e, please identify which of the following assessment records
         are utilized and maintained by the local assessing officer:

             a) Appraisal record card system

             b) Personal property record system

             c) Tax maps

             d) Land value determination (maps grids, tables and analysis)

             e) ECF determinations

             f) Current year printed copy of the assessment roll

                      Original         Duplicate Copy

         Notes:


         7. MCL 211.10a Requirement – Pursuant to MCL 211.10a does the local unit provide customary business hours for
         inspection and copying of public records?

             Yes           If Yes, please indicate designated days and times. (specify):
             No


         Notes:




                                                                   4
Michigan Department of Treasury
4557 (Rev. 03-09)


    If the answer above is NO, has the local unit adopted a policy and/or procedure(s) to be utilized regarding the inspection
    and copying of public records?

             Yes           If Yes, please attached a copy of policy/procedure.
             No


         Notes:



         8. Where are the real and personal property records, assessment roll(s) and support documents retained?

             a)   Local unit public offices
             b)   Office/home of township supervisor
             c)   Office/home of assessing officer
             d)   Other (specify):

         Notes:


         9. Assessment Roll Requirements – Please identify which of the following specific date or information is posted to the
         current assessment roll:

             a)   Name & address of property owner
             b)   Legal description or STC approved parcel code number
             c)   School district code
             d)   Property classification
             e)   Assessed valuation
             f)   Capped valuation
             g)   Taxable valuation
             h)   Board of Review valuation column
             i)   MTT and/or STC valuation column
             j)   Homestead or Qualified Agricultural Property Exemption & percentage
             k)   Date of last transfer of ownership

         Notes:



         10. Does the true cash value on the appraisal record card agree with the true cash value indicated by the assessed value
         on the assessment roll?

             Yes                  No If No, date(s) last calculated.

         Notes:




                                                                       5
Michigan Department of Treasury
4557 (Rev. 03-09)


         11. Do the appraisal record cards properly account for all physical items located on the description?

             90% + Accurate                     80% - 89% Accurate                  79% or less Accurate

         Notes:



         12. MCL 211.27a (3) Requirement(s) – Pursuant to MCL 211.27a(3) is the local unit in substantial compliance with the
         uncapping of taxable valuations the year following a transfer of ownership?

             Yes                  No   If NO, documentation required.

         Notes:



         13. Based on a sampling of properties involving new construction which occurred in the prior year, do the current
         year’s assessments include new construction?

             Yes                  No   If NO, documentation required.

         Notes:



         14. Based on a sampling of known “sale” properties, is the local unit in substantial compliance with STC Bulletin 19 of
         1997?

             Yes                  No If NO, documentation required.

         Notes:



         14b. Calculated Co-efficient of Dispersion:

             Calculated Price Related Differential:

         Notes:

         Additional Notes:




                                                                 6
Michigan Department of Treasury
4557 (Rev. 03-09)




    CERTIFICATION: I hereby declare that the foregoing information submitted is a complete and true statement.


    Electronic Signature:


         By clicking the box, I agree the signature I have typed above will be the electronic representation of my signature for
         purpose when I use it on this document and is a legally-binding contract. I further understand that signing documents using
         this electronic signature will have the same legally-binding effect as signing my signature using pen and paper.


    Date:


    Title:




                                                    Summary of ARC Review




                                                                  7
                       Local Unit Certification Statement

                     MICHIGAN STATE TAX COMMISSION
                  ASSESSMENT AND CERTIFICATION DIVISION

Local Unit: ______________________________
County: _________________________________


1. Please identify the assessing officer who has signed the pre-Board of Review certification
   of the assessment roll.

        Name of Township Supervisor/City Manager/Mayor: _________________________
        Name of Assessing Officer: _____________________________________________
        SAB Certification No.:     ________
        SAB Certification Level:   ________
        Required Unit Level:       ________
        Comments:


2. MCL 211.10e Requirements - Pursuant to MCL 211.10e, please identify which of the
   following assessment records are used and maintained by the local assessing officer:
   Land value tables and land value maps. Land value maps generally consist of a map of
   the local unit, usually broken down by neighborhoods showing the land values used in
   those neighborhoods. If the land values are estimated or county equalization values are
   used, please indicate so in the notes area below. A listing of sales used to determine the
   land values, an analysis of the sales listing that arrives at the final land table, and a print
   out of the land table are required for an affirmative answer below.


           Land value maps: please note below any classifications not represented on a
           land value map. (An “X” in the box indicates a “yes” answer.)
           Land value determination; (grids or tables and analysis)
            Agricultural Classification
            Commercial Classification
            Industrial Classification
            Residential Classification
            Timber/Cutover Classification
            Developmental Classification

        Notes:
3.   ECF determination (grids or tables and analysis – there must be a sales listing and
     ECF calculations – a simple listing of an ECF table will not suffice) An “X” in the
     box indicates a “yes” answer. (Note; if the ECFs are estimated or county ECFs,
     please indicate in the notes area below)
          Agricultural Classification
          Commercial Classification
          Industrial Classification
          Residential Classification
          Timber/Cutover Classification
          Developmental Classification

     Notes:




4.   Does this unit have office hours for the inspection and copying assessment records?
     a) If so, please circle days & list hours:Days: M Tu W Th F Hours:
                                               Days: M Tu W Th F Hours:
     b) If not, has the unit adopted a policy and/or procedure regarding the inspection and
     copying of public records?

        YES          If YES, please attach a copy of policy/procedure.
        NO

     Notes:



5.   Please identify the portion of the parcels in each classification were field inspected in
     the prior year. STC guidelines indicate a 20% inspection rate of real parcels. Field
     inspection means an actual physical inspection of the parcel and measurement of at
     least several of the major structure dimensions. Digital aerial photos may be used in
     addition to field inspection if certain standards are met. (Parcel count, not SEV or
     percentage of parcels inspected)
        a) Total Agricultural real in classification ________; Number inspected ________
        b) Total Commercial real in classification ________; Number inspected ________
        c) Total Industrial real in classification ________; Number inspected ________
        d) Total Residential real in classification ________; Number inspected _______
        e) Total Timber cutover real in classification _____; Number inspected _______
        f) Total Developmental real in classification________; Number inspected_______

     Notes:
6.     Based on a sampling of properties involving new construction that occurred in the
       prior year, do the current year's assessments include equalization new and capped
       value additions on the assessment roll? This is a check of permitted construction and
       non permitted construction. (Some units do not require building permits for
       agricultural and small buildings.)


          YES
          NO

       Notes:



7.     Does the true cash value on the appraisal record card agree with the true cash value
       indicated by the assessed value on the assessment roll? This is a check for overridden
       values on the appraisal record cards (ARC) and an excessive use of flat land values.


          YES
          NO

       Notes:




I hereby certify the aforementioned statements are true and accurate:

Assessor; include Certification Number _______________________________________

Date: ____________


Township Supervisor or City Manager or Mayor ________________________________

Date: ____________
Date: March 22, 2011
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: 2011-12 Healthcare & Wellness Program


SUMMARY OF REQUEST: It is time to renew the City's healthcare coverage for 2011-12. Renewal
premiums for the City's current healthcare program have come in at $887.88/employee/month, an 8.83%
increase over the current rate ($815.85). Last year we experienced a 9.45% increase. In comparative
terms, the rate increase is fairly moderate. Many employers are experiencing double-digit increases
partially attributable to coverage enhancements mandated by last year’s federal healthcare legislation.

For 2011-12, the City will continue to pay HRA deductibles for employees who complete the four-step
wellness initiative prior to April 30th; non-participants in the wellness program will pay the first $500
(single)/ $1,000 (family) of the deductible.

Staff is also focusing on increasing the premium co-pay in employee negotiations.

FINANCIAL IMPACT: Following is an estimate of proposed costs for the Priority Health HMO program
compared with the current year:

                                                                               2010-11           2011-12
      Annual Premium per Employee                                               $9,790           $10,655
      Approx. Self-Insured HRA Costs per Employee                                 700               700
      Typical Employee Premium Co-pay                                            (520)             (780)
       Net City Cost                                                            9,970             10,575
      Approx. # of Covered Employees (Subject to Reduction)                       231               231
      Total Annual City Cost                                                  $2,303,070        $2,442,825


BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be included in the
forthcoming 2011-12 budget.

STAFF RECOMMENDATION: Authorize staff to execute documents with Priority Health to renew
healthcare coverage.

COMMITTEE RECOMMENDATION: None.




                                                                                       1
Commission Meeting Date: March 22, 2011


Date:      March 15, 2011
To:        Honorable Mayor and City Commission
From:      Community and Neighborhood Services Department
RE:       2011 – 2012 CDBG/HOME Recommendations.
______________________________________________________________


SUMMARY OF REQUEST:                To accept the recommendations of the
Administration and Citizen’s District Council in regards to the 2011 – 2012
CDBG/HOME anticipated entitlement. The Commission is scheduled to make
their preliminary decision regarding the 2011-2012 CDBG/HOME allocation
entitlement during the City Commission meeting scheduled for March 22,
2011, with a public hearing of the same.


FINANCIAL IMPACT: None at this time.


BUDGET ACTION REQUIRED: To determine a budget for the CNS
department and direct staff to publish the recommended budget for a 30 day
comment period for the proposed July 1, 2011- June 30, 2012 program year.


STAFF RECOMMENDATION: To approve the acceptance of the
recommendations of the Administration and Citizen’s District Council and to
make their preliminary recommendations for publication.


COMMITTEE RECOMMENDATION: The Citizen District Council has made
their recommendations. (See attached spreadsheet and memo.)
Community Development Block Grant 2011 - 2012
                                                                                       Amount            Admin                CDC          City Commission          City Comm
                                                                                      Requested        Recommend              Rec           Prelimiary Rec.     Final Determination
Organization/Agency                     Activity
                                                                                           $15,000            $10,000          $10,000
COM - Affirmative Action                Affirmative Action
                                                                                           $10,000            $10,000          $10,000
COM - Affirmative Action                Summer Internships
                                                                                         $180,000           $150,000         $150,000                $150,000             $150,000
COM - CNS                               CDBG Admin **
                                                                                         $250,000           $225,000         $225,000
COM - CNS                               Emergency Repair
                                                                                           $80,000            $65,000          $65,000                $65,000              $65,000
COM - CNS                               Service Delivery
                                                                                         $150,000           $100,000           $79,000
COM - CNS                               Vinyl Siding
                                                                                           $69,345            $45,000          $45,000
COM - DPW                               Senior Transit*
                                                                                         $250,000           $130,543         $130,543
COM - Engineering                       Street Construction
                                                                                         $157,870           $157,870         $157,870                $157,870             $157,870
COM - Finance                           Fire Station Bond Repayment
                                                                                           $50,000            $50,000          $50,000
COM - Inspections                       Dangerous Bldgs/Demolition & Board Ups
                                                                                         $100,000             $70,000          $70,000
COM - Leisure Services                  Youth Recreation*
                                                                                           $67,547            $50,000          $50,000
COM - Planning                          Code Enforcement
                                                                                           $25,000            $15,000          $15,000
COM - Planning Comm Economic Dev        Façade
                                                                                            $8,000             $8,000           $8,000
Love INC                                Emergency Assistance/Handicap Ramps*
                                                                                                $0                 $0           $3,500
American Red Cross                      Senior Transportation*
                                                                                                $0                 $0           $3,500
Community enCompass                     Healthy Neighborhood Project*
                                                                                                $0                 $0           $3,500
HealthCARE                              Health Outreach*
                                                                                                $0                 $0           $3,500
West Michigan Veterans                  Food Bank*
                                                                                                $0                 $0           $3,500
Legal Aid                               Housing Related Legal Services*
                                                                                                $0                 $0           $3,500
Muskegon Community Health Project       Uninsured Diabetes Outreach*
                                                                                        $1,412,762         $1,086,413       $1,086,413               $372,870             $372,870
                                                        Total CDBG Allocated            $1,086,413         $1,086,413       $1,086,413             $1,086,413           $1,086,413
                                     Expected program income (Debt Recovery)                    $0                 $0               $0                     $0                   $0
NOTE:                                                                     Total         $1,086,413         $1,086,413       $1,086,413             $1,086,413           $1,086,413
* Public Service                                   Allocated/Request Difference         ($326,349)                $0               $0               $713,543             $713,543
** City CDBG Administration
                                                    Total Amt of Public Service*         $177,345            $123,000         $123,000                     $0                   $0
                                        Public Service mandated Amt 

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