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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 11, 2010
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. Ordinance Setting Fiscal Year and Budget Calendar. FINANCE
C. Memorandum of Understanding-Justice Assistance Grant. PUBLIC
SAFETY
D. Resolution of Support for the Michigan Port Collaborative. PLANNING &
ECONOMIC DEVELOPMENT
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 439 Houston Avenue. PUBLIC SAFETY
B. Machine Vending Contract for Pere Marquette Park. PUBLIC WORKS
(Item withdrawn by applicant)
NEW BUSINESS:
A. Approval of Sale of City-Owned Home at 214 Myrtle. COMMUNITY &
NEIGHBORHOOD SERVICES
B. Medical Marijuana Facilities Moratorium. PLANNING & ECONOMIC
DEVELOPMENT
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: May 11, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, April 27, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 27, 2010
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, April 27,
2010.
Mayor Warmington opened the meeting with a prayer from Pastor Marcy
Miller from the Samuel Lutheran 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 Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2010-35 HONORS AND AWARDS:
A. Retirement of Bob Kuhn.
Mayor Warmington recognized and thanked Bob Kuhn for his 35 years of
working for the community.
2010-36 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the April 12th Commission
Worksession, and the April 13th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
C. SECOND READING: Amend Chapter 54, Article IV Offenses Involving
Public Peace and Order. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting that the City
Commission amend Chapter 54, Article IV Offenses Involving Public Peace and
Order, of the Code of Ordinances of the City of Muskegon. This is being
requested in order to update language in this ordinance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
D. SECOND READING: Amendments to the Zoning Ordinance – On-site
Sustainability and Conservation Efforts. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 #5, Exempt Signs, to
allow signage related to on-site sustainability and conservation efforts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their March 11th meeting.
E. SECOND READING: Amendments to the Zoning Ordinance – Sporting
Venues. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 #5, Exempt Signs, to
allow sporting venues to display signage to those in attendance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their March 11th meeting.
F. 2010 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Recommend endorsement of the lowest responsible
bidder to supply sodium hypochlorite for the Water Filtration Plant and authorize
staff to issue an annual purchase order to Alexander Chemical Corp.
FINANCIAL IMPACT: Annual cost of $44,132 (based on average annual water
pumped to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted
annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the low bid received and enter into contract with Alexander Chemical
Corp. for sodium hypochlorite.
G. Acquisition of Property for a Right Turn Radius – Portion of 1813 S. Getty
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In a previous action, City Commission authorized
proceeding with eminent domain for this property, which is needed for street
improvements. Staff has since been able to negotiate a purchase price with
the owner, Samei Betak. The value of the property (per the County Equalization
Department) is $758.44. The agreed upon purchase price is $3,000.
FINANCIAL IMPACT: The purchase price will be paid for from the Public
Improvement Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Purchase Agreement and authorize
the Mayor and Clerk to sign the Purchase Agreement and other documents
necessary to purchase the property.
J. Concession Contract for Pere Marquette Park. PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a three-year
contractual agreement with two additional one-year options with Ken Huston of
Amazing Gift Direct, LLC for operating a Concession (The Island Concession) at
Pere Marquette Park.
FINANCIAL IMPACT: Contract revenue was $2,118 for the 2009 operating
season. Approximately $325-$1,200 per year in revenue was received from
previous vendor (Dan Etterman of Sandy Bottoms Concession) during the 2003-
2008 contracts.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
COMMITTEE RECOMMENDATION: The Leisure Services Board has approved the
intended contractual agreement on April 19, 2010.
K. Maintenance Agreement for Aamodt Park – Jackson Hill Neighborhood
Association and City. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An Achieve Grant has been received by the County of
Muskegon for the Jackson Hill Neighborhood. The County has partnered with
the City to oversee this grant. The Achieve group from Jackson Hill has chosen
to use some of the funds for a community garden at Aamodt Park.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Maintenance Agreement between
the City of Muskegon and Jackson Hill Neighborhood Association and authorize
the Mayor and Clerk to sign.
L. Deficit Elimination Plan for Home Rehabilitation Fund, Brownfield
Redevelopment Authority Fund and Engineering Fund. FINANCE
SUMMARY OF REQUEST: At December 31, 2009, the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $316,838; the Brownfield
Redevelopment Authority Fund had a deficit balance of $10,214; and the
Engineering Fund had a deficit balance of $61,951. Act 275 of the Public Acts of
1980 requires that the City file a Deficit Elimination Plan with the Michigan
Department of Treasury. Staff is requesting adoption of the Home Rehabilitation
Fund, Brownfield Redevelopment Authority Fund and Engineering Funds Deficit
Elimination Plan Resolutions.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan the Home
Rehabilitation Fund, Brownfield Redevelopment Authority and Engineering funds
will no longer have a deficit by December 31, 2010.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the Deficit Elimination Plan Resolutions.
M. Reclassification of Maintenance Worker Position. ENGINEERING
SUMMARY OF REQUEST: Change the classification of the Maintenance Worker
Position from Range XI to Range X. The reclassification is necessary to
compensate for combining the duties’ of the maintenance worker position with
most of those in the Maintenance Supervisor position which is not being filled
upon the retirement of the current supervisor. This proposal will result in a net
annual SALARY saving of $40,285 and if we were to consider the other benefits
could be in excess of $60,000.
FINANCIAL IMPACT: The difference between the upper limits of the two ranges
which is $3,642 (based on the adopted 2009 salary schedule).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the reclassification of the Maintenance
Worker position from Range XI (11) to Range X (10).
N. Consideration of Bids for H-1660 White Street and Scott Street from
Wood Street to Oak Avenue. ENGINEERING
SUMMARY OF REQUEST: Award the White Street/Scott Street project to
McCormick Sand, Inc. out of Twin Lake since they were the lowest responsible
bidder with a total bid price of $195,446.15.
FINANCIAL IMPACT: The construction cost of $195,446.15 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the construction project to McCormick Sand,
Inc.
O. City – MDOT Agreement for the Reconstruction of Getty Street from
Apple to Marquette. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the
reconstruction of Getty Street from Apple to Marquette and approve the
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the federal funds of
$310,500. The estimated total construction cost is $443,900.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
P. Approval of Contractor for Rehabilitation of House at 134 Isabella.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Statewide Abatement,
1720 Creston, Muskegon, MI for the completion of the rehabilitation to be
located at 134 Isabella within 90 days of signing the contract, for the bided
amount of $37,597. This property’s rehabilitation is being financed with
Neighborhood Stabilization funds from the Michigan State Housing Development
Authority. After the total rehabilitation is completed, the home will be marketed
to any eligible owner occupied homebuyer with a household income less than
121 percent of the area median income.
The City received five additional bids:
Grayspace Construction of 601 Amity, Muskegon, MI for $65,509
Depender Construction of 4471 Tomkins Trail, Muskegon, MI for $66,325
Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $61,800
Murphy and Son of 84 N. Bock, Muskegon, MI for $58,350
Mossy Oak Builders of 3101 Hall Rd., Muskegon, MI for $49,630
Specialty Builders of 4392 Hall Rd., Muskegon, MI for $43,910
FINANCIAL IMPACT: The funding for the project will be taken from the money
awarded to the City of Muskegon through the Neighborhood Stabilization
Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for Community and Neighborhood
Services office to develop a contract with Statewide Abatement and direct the
Mayor and Clerk to sign the contract.
Q. Approval of Contractor for Rehabilitation of House at 468 W. Forest.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Specialty Builders, 4392
Hall Rd., Muskegon, MI for the completion of the rehabilitation to be located at
468 W. Forest within 120 days of signing the contract, for the bided amount of
$63,760. This property’s rehabilitation is being financed with Neighborhood
Stabilization funds from the Michigan State Housing Development Authority.
After the total rehabilitation is completed, the home will be marketed to any
eligible owner occupied homebuyer with a household income less than 121
percent of the area median income.
The City received five additional bids:
Grayspace Construction of 601 Amity, Muskegon, MI for $76,162
Mossy Oak Builders of 3101 Hall Rd., Muskegon, MI for $68,980
Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $66,750
Murphy and Son of 84 N. Bock, Muskegon, MI for $65,850
Statewide of 1720 Creston, Muskegon, MI for $69,455
FINANCIAL IMPACT: The funding for the project will be taken from the money
awarded to the City of Muskegon through the Neighborhood Stabilization
Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for Community and Neighborhood
Services office to develop a contract with Specialty Builders and direct the
Mayor and Clerk to sign the contract.
R. Approval of Contractor for Rehabilitation of House at 1201 Ransom.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Specialty Builders, 4392
Hall Rd., Muskegon, MI for the completion of the rehabilitation to be located at
1201 Ransom within 180 days of signing the contract, for the bided cost of
$77,135. This property’s rehabilitation is being financed with Neighborhood
Stabilization funds from the Michigan State Housing Development Authority.
After the total rehabilitation is completed, the home will be marketed to any
eligible owner occupied homebuyer with a household income less than 121
percent of the area median income.
The City received four additional bids:
Grayspace Construction of 601 Amity, Muskegon, MI for $122,835
Mossy Oak Builders of 3101 Hall Rd., Muskegon, MI for $96,860
Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $82,150
Murphy and Son of 84 N. Bock, Muskegon, MI for $78,700
FINANCIAL IMPACT: The funding for the project will be taken from the money
awarded to the City of Muskegon through the Neighborhood Stabilization
Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for Community and Neighborhood
Services office to develop a contract with Specialty Builders and direct the
Mayor and Clerk to sign the contract.
S. Approval of Contractor for Rehabilitation of House at 627 Apple.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Specialty Builders, 4392
Hall Rd., Muskegon, MI for the completion of the rehabilitation to be located at
627 Apple within 90 days of signing the contract, for the bided amount of
$46,800. This property’s rehabilitation is being financed with Neighborhood
Stabilization funds from the Michigan State Housing Development Authority.
After the total rehabilitation is completed, the home will be marketed to any
eligible owner occupied homebuyer with a household income less than 121
percent of the area median income.
The City received five additional bids:
Grayspace Construction of 601 Amity, Muskegon, MI for $74,200
Depender Construction of 4471 Tomkins Trail, Muskegon, MI for $59,603
Mossy Oak Builders of 3101 Hall Rd., Muskegon, MI for $57,940
Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $52,200
Murphy and Son of 84 N. Bock, Muskegon, MI for $49,300
FINANCIAL IMPACT: The funding for the project will be taken from the money
awarded to the City of Muskegon through the Neighborhood Stabilization
Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for Community and Neighborhood
Services office to develop a contract with Specialty Builders and direct the
Mayor and Clerk to sign the contract.
T. Approval of Contractor for Rehabilitation of House at 1331 Amity.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Mossy Oak Builders, 3101
Hall Rd., Muskegon, MI for the completion of the rehabilitation to be located at
1331 Amity within 120 days of signing the contract, for the agreed upon amount
of $63,635. This property’s rehabilitation is being financed with Neighborhood
Stabilization funds from the Michigan State Housing Development Authority.
After the total rehabilitation is completed, the home will be marketed to any
eligible owner occupied homebuyer with a household income less than 121
percent of the area median income.
The City received six additional bids:
Depender Construction of 4471 Tomkins Trail, Muskegon, MI for $97,145
Grayspace Construction of 601 Amity, Muskegon, MI for $79,974
Statewide Abatement of 1720 Creston, Muskegon, MI for $74,184
Tim Weberg of 6263 Dakson Rd., Twin Lake, MI for $74,000
Murphy and Son of 84 N. Bock, Muskegon, MI for $70,500
Specialty Builders of 4392 Hall, Muskegon, MI for $58,780
Obviously Specialty Builders was the lowest bidder on this project but they also
were the lowest bidder on three other projects in this round of NSP projects. It
was the opinion of both the CNS office as well as Specialty Builders that they did
not have the capacity to complete four rehabilitation projects in a quality
manner in the time frame that the CNS office is requesting.
FINANCIAL IMPACT: The funding for the project will be taken from the money
awarded to the City of Muskegon through the Neighborhood Stabilization
Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for Community and Neighborhood
Services office to develop a contract with Mossy Oak Builders and direct the
Mayor and Clerk to sign the contract.
U. Liquor License Request for Shoreline Inn, 750 Terrace Point. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Shoreline Inn, LLC for a new SDM License
and a new Direct-Connection located at 750 Terrace Point.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
V. Amendments to the Zoning Ordinance – Assisted Living Facilities.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 700, #9 of
Article VII (RM-1, Low Density Multiple-Family Residential) to allow assisted living
facilities as a principal use permitted in RM-1, Low Density Multiple-Family
Residential Districts.
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 April 15th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the Consent Agenda as presented minus items B, H, and I.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2010-37 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. SECOND READING: Vacant Building Registration Ordinance
Amendments. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for
the purposes of exempting seasonal residences and vacation homes from the
fee requirements and occupancy notification requirements of this ordinance,
removing the requirement to notarize the registration forms, clarify the language
regarding the billing process and add a requirement that all fees owed the City
must be paid in full before a waiver of registration fee can be considered.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees for
the purposes stated.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Vacant Building Registration Ordinance amendments as presented.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
H. Machine Vending Contract for Pere Marquette Park. PUBLIC WORKS
SUMMARY OF REQUEST: To enter into a one-year contractual agreement with
Spark Paul John, 3070 Maple Grove Rd., Apt #350, Muskegon, MI for a Knockout
Vending Machine to be located at Pere Marquette Park.
FINANCIAL IMPACT: Contract revenue is unknown at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
COMMITTEE RECOMMENDATION: The Leisure Services Board has previously
approved the request to enter into a contractual agreement with Spark Paul
John for a Knockout Vending Machine at the April 19th meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the machine vending contract for Pere Marquette Park with Spark Paul John.
Motion by Commissioner Spataro, second by Commissioner Wisneski to table
this item and refer it back to staff for their recommendation at the first meeting in
May.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION TO TABLE PASSES
I. Beverage Vending Contract for Parks/Marina Facilities. PUBLIC WORKS
SUMMARY OF REQUEST: To enter into a three-year contractual agreement with
Dr. Pepper/Snapple to provide vending service throughout City Parks and
Marina Facilities.
FINANCIAL IMPACT: Contract revenue has averaged $2,090 per year over the
last three-year contract.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
COMMITTEE RECOMMENDATION: The Leisure Services Board has previously
approved the request to enter into a contractual agreement with Dr.
Pepper/Snapple at their April 19th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the three-year contractual agreement with Dr. Pepper/Snapple to provide
vending service throughout City Parks and Marina Facilities.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2010-38 UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 439 Houston Avenue. PUBLIC SAFETY (Tabled from 3-23-10)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 439
Houston Avenue, Area 10, is unsafe, substandard, a public nuisance and that it
be demolished within 30 days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
This item was tabled at the March 23, 2010, City Commission Meeting.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd.
Nays: None
MOTION PASSES
2010-39 NEW BUSINESS:
A. 2010 Budget Adjustments. CITY MANAGER
SUMMARY OF REQUEST: To make changes to the 2010 budget based on the
current economic conditions. The proposed changes will reduce the budget
expenditures and put them more in line with anticipated revenues.
FINANCIAL IMPACT: Over $700,000 to the City’s General Fund.
BUDGET ACTION REQUIRED: Approve an amendment to the 2010 budget and
authorize implementation of the changes.
STAFF RECOMMENDATION: To approve the proposed adjustments.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the proposed budget adjustments for 2010.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:10 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Date: May 11, 2010
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Ordinance Setting Fiscal Year and Budget Calendar
SUMMARY OF REQUEST: Last November, voters approved charter amendments that gave the
City Commission authority to set the City’s fiscal year and change the budget adoption process. The
attached ordinance is intended to implement these changes. The proposed ordinance sets the City’s fiscal
year as of July 1 (starting in 2010) and also lays out a budget adoption process that eliminates the
requirement we have had in the past of adopting a budget months in advance of the start of the fiscal year.
FINANCIAL IMPACT: The change in fiscal years will help stabilize city finances and make the City’s
fiscal period consistent with the majority of Michigan’s city governments. The change in budget process will
help ensure the City’s budget is prepared with the most current information available and does not become
outdated before the fiscal year begins.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Adoption of the attached ordinance.
COMMITTEE RECOMMENDATION: None.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 2, Article VI of the Code of Ordinances of the City of Muskegon, Michigan is amended by adding
sections to read as follows:
Division 3. Budget Procedure
Sec. 2-290. Fiscal Year. The fiscal year of the city shall begin on July 1.
Sec. 2-291. Budget Procedures. The city manager shall submit to the commission, on or before
the second regular meeting in May, a recommended budget covering the next fiscal year. The
recommended budget shall include the following:
(a) Detailed estimates, with supporting explanations, of all proposed expenditures, including the
corresponding expenditures for the last preceding fiscal year and estimated expenditures for the balance
of the current fiscal year.
(b) Statements of the bonded and other indebtedness of the city, showing debt redemption and interest
requirements.
(c) Detailed estimates of all anticipated revenues of the city from sources other than taxes, with a
comparative statement of revenues received by the city from each of the same or similar sources for the
last preceding fiscal year and estimated revenues for the balance of the current fiscal year.
(d) An estimate of the fund equity or deficit for the current fiscal year.
(e) An estimate of the amount of money to be raised from current and delinquent taxes and the amount to
be raised from bond issues which, together with any available unappropriated surplus and any revenues
from other sources, will be available to meet proposed expenditures.
(f) Such additional information as the commission may request or as required by law.
2
Sec. 2-292. Hearing. A public hearing on the budget shall be held before its final adoption at the
time and place established by the commission. Notice of the public hearing and that the proposed
budget is on file with the city shall be published at least ten days in advance of the hearing. The
proposed budget shall be kept on file for public inspection during regular business hours at the city
clerk's office for a period of not less than ten days prior to the hearing.
Sec. 2-293. Adoption of Budget. After the public hearing, and not later than the last regular
meeting in June, the commission shall, by resolution, adopt a budget for the next fiscal year and
provide for a levy of the amount necessary to be raised by taxes, as required by law.
2. This Ordinance is to become effective ten (10) days after adoption.
Ayes:
Nays:
First Reading:
Second Reading:
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 ____ day of
May, 2010, at which meeting a quorum was present and remained throughout, and 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 that minutes were kept and will be or have been made available as
required thereby.
Date:_______________________, 2010
________________________________
Ann Marie Becker, MMC
City Clerk
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
3
CITY COMMISSION MEETING
Tuesday May 11, 2010
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: May 3, 2010
SUBJECT: Memorandum of Understanding-Justice Assistance Grant
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the Director and
the City Manager to enter into an agreement with the City of Muskegon Heights and
Muskegon County in regards to the disbursement of the 2010 Justice Assistance Grant.
The money in this grant is shared by the three entities. The $46,759 in this grant will be
utilized for the prosecution of city ordinance cases primarily dealing with neighborhood
issues.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATIONS:
Approval of this request.
Commission Meeting Date: May 11, 2010
Date: May 4, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Resolution of Support for the Michigan Port
Collaborative
SUMMARY OF REQUEST: The Michigan Port Collaborative is a
coalition of Michigan waterfront communities. They are holding a
Summit in Muskegon May 20-21, 2010. The intention of the
Collaborative is to speak as one voice on issues affecting Michigan’s
ports, such as commercial shipping, tourism, recreation, alternative
energy and environmental restoration. The attached resolution serves
as “the membership application for the City of Muskegon”. At this time,
the only direct requirements of the Community are to provide an
inventory of local resources and assets (which the Port of Muskegon
volunteer committee is currently completing) and name a community
individual as its liaison to the Collaborative.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign.
Resolution No. ______
Muskegon City Commission
RESOLUTION OF
COMMUNITY COMMITMENT FOR THE MICHIGAN PORT COLLABORATIVE
WHEREAS, the mission of the Michigan Port Collaborative is to elevate the recognition
and economic vitality of our State’s Great Lakes port communities by protecting and
promoting our Great Lakes and developing our coastal communities as the “Michigan’s Front
Door”; and
WHEREAS, the Michigan Port Collaborative defines a Michigan Port Community as
a Great Lakes coastal community that hosts a marine cargo shipping port, a marine
commercial port (non-cargo), and / or a recreational harbor; and
WHEREAS the City of Muskegon is home to a marine cargo shipping port, a
marine commercial port (non-cargo), and a recreational harbor and therefore clearly
meets the Michigan Port Collaborative definition of a Port Community; and
WHEREAS the City of Muskegon recognizes that membership in the Michigan Port
Collaborative will benefit and enable this and other Michigan port communities, our private
and non-profit partners, as well as State and federal leaders to:
• Speak with a clear voice in Lansing and Washington, D.C. on Michigan port funding and
policy priorities;
• Effectively market and promote each Great Lakes community and its region;
• Leverage and enhance port and regional assets and funding to maximum advantage;
• Access the growing information, experience, creativity, talent and knowledge of the
Collaborative and its individual public, private and non-profit sector members; AND
WHEREAS, the City of Muskegon is committed to the long term goals of the Michigan
Port Collaborative, which require that Collaborative Member Communities demonstrate that
they are working to develop their Port and region in ways that protect and promote:
• Our Great Lakes, their unique coastal habitats, and citizen stewardship of them;
• Exceptional and diverse recreational and educational opportunities;
• Attractive, user-friendly public access to port activities, which must be effectively linked
to local assets and the community business districts, with emphasis on walk-ability,
integrated and effective transportation service, and signage;
• Universal, barrier free and remote access to Michigan Ports, their services and
activities;
• Public awareness and respect for Michigan’s rich maritime culture and history, from the
pre-historic days of indigenous people, through Michigan’s settlement era and through
modern time;
• Environmentally sustainable practices, including reducing waste and pollution in the port
community, including marinas, tourism businesses, commercial, cargo shipping and
other operations in the port Community;
• Wise land use planning and redevelopment of contaminated properties along our Great
Lakes waterfront and in our Port Communities; and
• Effective strategic and marketing planning; AND
WHEREAS, the Michigan Port Collaborative requires Michigan port communities seeking
membership in the Collaborative to apply to the Collaborative and submit within six months of
application both of the following:
1) An inventory of local and regional assets, resources and needs that will enable the port
community to provide a maritime tourism and working water front experience for their
port businesses, residents and
2) A resolution adopted by the community’s governing body that demonstrates the port
community’s commitment to:
Build effective public / private / non-profit partnerships at the local and regional level;
Achieve the long term goals and meet the membership criteria of the Collaborative;
Actively participate in the Michigan Port Collaborative and its mission; and
Name a community individual as its liaison to the Collaborative.
WHEREAS the Michigan Port Collaborative is working to create a governing structure to
further refine and develop member proposals and support for both short- and long-term
membership criteria and the concept of a Michigan Port Collaborative designation process
which may include incentives and rewards for Collaborative members, as well as ways to
help the public readily identify Collaborative members and positively “brand” the
Collaborative and its partners.
NOW, THEREFORE, BE IT RESOLVED, THAT this resolution serves as the
membership application for the City of Muskegon to the Michigan Port Collaborative
and conveys to the Collaborative this Port Community’s commitment to prepare a
community and regional asset inventory, in conjunction with Muskegon Area First and
the Muskegon Chamber of Commerce, as well as meet the Collaborative’s
membership requirements within six months of the effective date of this resolution;
and
NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the City of Muskegon
will make certain that this resolution shall be entered in the public record and a copy of
this resolution shall be promptly conveyed to the Michigan Port Collaborative and the
county, regional, state and federal officials who will benefit from this Port Community’s
membership in the Collaborative.
Adopted this _____ of _______________, 2010.
AYES:
NAYS:
ABSTAIN:
By:______________________________
Stephen J. Warmington, Mayor
Attest:____________________________
Ann Marie Becker, City Clerk
Michigan Ports - 2010
Port Name (MDOT / Federal) Cargo Ferry Commercial Recreation Municipality County Twp City Attendee Resolution ISC Inventory
Algonac X X X Algonac St. Clair X
Algonac X X X Algonac St. Clair X
Algonac X Clay Twp St. Clair X
Alpena X X X Alpena Alpena X X X
Arcadia X X Arcadia Twp Manistee X
Au Gres X X Au Gres Arenac X
Au Sable Harbor X X Au Sable Twp Iosco X
Baraga X Baraga Twp Baraga X
Barbeau/Neebish Island X Bruce Twp Chippewa X
Bay Port X X Fair Haven Twp Huron X
Big Bay X X Powell Twp Marquette X
Black River X Ironwood Twp Gogebic X
Bois Blanc Island X X X Bois Blanc Twp Mackinac X
Bolles Harbor X X Monroe Twp Monroe X
Brevort X Moran Twp Mackinac X
Calcite X Rogers City Presque Isle X X (RC)
Caseville X X Caseville Twp Huron X X
Cedar River X X Cedarville Twp Menominee X
Charlevoix X X X X Charlevoix Charlevoix X
Charlevoix X Boyne City Charlevoix X
Charlevoix X X X X Charlevoix Charlevoix X
Charlevoix X East Jordan Charlevoix X
Charlevoix X Ironton Charlevoix X
Cheboygan X X X X Cheboygan Cheboygan X X
Clinton River X X Mount Clemens Macomb X
Copper Harbor X X Grant Twp Keeweenaw X
DeTour X X X DeTour Twp Chippewa X
Detroit X X X X Detroit Wayne
Detroit X X X X Detroit Wayne X X X
Detroit X River Rouge Wayne X X
Eagle Harbor X Eagle Harbor Twp Keeweenaw X
East Tawas X X East Tawas Iosco X X X
Elk Rapids X X Elk Rapids Twp Antrim X
Escanaba X X X Escanaba Delta X
Fayette X Fairbanks Twp Delta X
Frankfort X X Gilmore Twp Benzie X X
Gladstone X X X Gladstone Delta X
Grand Haven X X X Grand Haven Ottawa
Grand Haven X Ferrysburg Ottawa X
Grand Haven X Grand Haven Ottawa X X X
Grand Marais X Burt Twp Alger X
Grand Traverse Bay X X Schoolcraft Twp Houghton X
1 of 3 5/5/2010
Michigan Ports - 2010
Port Name (MDOT / Federal) Cargo Ferry Commercial Recreation Municipality County Twp City Attendee Resolution ISC Inventory
Hammond Bay X X Bearinger Twp Presque Isle X
Harbor Beach X X X Harbor Beach Huron X X
Harbor Springs X Harbor Springs Emmet X
Harrisville X X Harrisville Alcona X
Hessel X Clark Twp Chippewa X
Holland X X X Holland Ottawa X
Keweenaw Waterway X X X X Keeweenaw Waterway Houghton
Keweenaw Waterway X Hancock Houghton X
Keweenaw Waterway X X Houghton Houghton X
Lac LaBelle X Grant Twp Keeweenaw X
Leland X X X Leland Twp Leelanau X X
Lexington X X Lexington Twp Sanilac X
Little Lake X McMillan Twp Luce X
Ludington X X X X Ludington Mason X X
Mackinac Island X X X X Mackinac Island Mackinac X
Mackinaw City X X X Mackinac Twp Cheboygan X X X
Manistee X X X Manistee Manistee X X X
Manistique X X X Manistique Schoolcraft X
Marine City X X X Marine City St. Clair X
Marquette X X X Marquette Marquette X X X X X
Marysville X Marysville Sanilac X
Menominee X X X Menominee Menominee X
Monroe X X X Monroe Monroe X X X X vacant
Munising X X X X Munising Alger
Munising X Grand Island Twp Alger X X
Munising X X X Munising Alger X X X
Muskegon X X X X Muskegon Muskegon X X X
Naubinway X X Garfield Twp Mackinac X
New Buffalo X X New Buffalo Berrien X
North Manitou Island X Leland Twp Leelanau X
Northport X Leelanau Twp Leelanau X
Ontonagon X X X Ontonagon Twp Ontonagon X
Pentwater X X Pentwater Twp Oceana X X
Petoskey X Petoskey Emmet X X
Port Austin X X Port Austin Twp Huron X
Port Dolomite X Clark Twp Chippewa X
Port Drummond X X Drummond Twp Chippewa X
Port Gypsum X Alabaster Twp Iosco X
Port Huron X X Port Huron St. Clair X X X
Port Inland X Mueller Twp Schoolcraft X
Port Sanilac X X Sanilac Twp Sanilac X X
Portage Lake X X Onekema Twp Manistee X X X X
2 of 3 5/5/2010
Michigan Ports - 2010
Port Name (MDOT / Federal) Cargo Ferry Commercial Recreation Municipality County Twp City Attendee Resolution ISC Inventory
Presque Isle X X Presque Isle Twp Presque Isle X X
Rock Harbor X X Houghton Twp Keeweenaw X
Rogers City X X Rogers City Presque Isle X X X X
Saginaw River X X X Saginaw River Bay & Saginaw X (Co)
Saginaw River X Bangor Twp Bay X
Saginaw River X Bay City Bay X X X vacant
Saginaw River X Buena Vista Twp Saginaw X
Saginaw River X Carrollton Twp Saginaw X
Saginaw River X Essexville Bay X
Saginaw River X Hampton Twp Bay X
Saginaw River X Saginaw Saginaw X
Saginaw River X Zilwaukee Saginaw X
Saginaw River X Zilwaukee Twp Saginaw X
Saugatuck X X Saugatuck Allegan X X X
Sault Ste. Marie X X X X Sault Ste. Marie Chippewa X X
Sebewaing X X Sebewaing Twp Huron X
South Haven X X South Haven Van Buren X X X
South Manitou Island X X Glen Arbor Twp Leelanau X
St. Clair X X St. Clair St. Clair X X
St. Ignace X X X X St. Ignace Mackinac X X X
St. James X X X St. James Twp Charlevoix X
St. Joseph X X X St. Joseph Berrien
St. Joseph X Benton Harbor Berrien X
St. Joseph X St. Joseph Berrien X X X
Stoneport X Presque Isle Twp Presque Isle X
Suttons Bay X X Suttons Bay Twp Leelanau X
Traverse City X X X Elmwood Twp Leelanau X X X
Washington Harbor X X Eagle Harbor Twp Keeweenaw X
White Lake X X Whitehall Muskegon X
Whitefish Point X X Whitefish Twp Chippewa X
Luna Pier N/A N/A N/A N/A Luna Pier Monroe N/A N/A X N/A X N/A
Small Harbors Coalition N/A N/A N/A N/A N/A N/A N/A N/A X N/A X (PL) N/A
103 49 26 57 76 N/A 40 58 52 34 4 19 1
NOTES
Port with multiple municipalities
Individual municipality within port
Multiple facilities in municipality
Coastal partner - no port facility
TOTALS
3 of 3 5/5/2010
DATE: 03/12/2010
TO: Honorable Mayor and Commissioners
FROM: Anthony Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN090232
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
439 HOUSTON AVE Area 10 is unsafe, substandard, a public nuisance and that
it be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN090232 - 439 HOUSTON AVE
Location and ownership: This structure is located on Houston between Seventh
and Sixth Streets and is owned by SZCZESNY JAMIN P.
Staff Correspondence: A dangerous building inspection was conducted on
09/21/09. The Notice and Order to Repair was issued on 09/24/09. On 11/05/09
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 11/05/09. No
permits have been issued, no inspections scheduled and no owner contact.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $30,300 (Entire property)
Estimated cost to repair: $5,000 (Exterior only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 439 HOUSTON AVE
This is a two story wood framed, single family dwelling. This structure is currently
vacant and partially exposed to the weather. Permits were issued in 2006 to renovate
this building, but were allowed to expire in 2007. Since that time it appears that the
project has been abandoned. This building if allowed to remain in this condition will
continue to deteriorate.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Monday, September 21, 2009
Enforcement # EN090232 Property Address 439 HOUSTON AVE
Parcel #24-205-370-0002-00 Owner SZCZESNY JAMIN P
Inspector: Henry Faltinowski
Date completed: 09/21/2009
DEFICENCIES:
Uncorrected
1. Exterior of home has incomplete window installation exposed osb is
deteriorated.
2. Large area of exterior siding has peeling paint.
3. Bilco door is fall of debris; rotting wood.
4. Permits on home have expired.
5. Interior inspection by trade inspectors requested.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
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Commission Meeting Date: May 11, 2010
Date: May 4, 2010
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Sale of City owned home at 214 Myrtle
SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Mr. Forest McPherson and wife for the totally
rehabilitated home at 214 Myrtle, which is part of the city’s neighborhood
redevelopment plan under Operation Market View. Mr. and Mrs. McPherson’s
purchase price is $105,000 with a subsidy of $32,500 dollars.
The beautiful four bedroom, three full-bath home, which overlooks our lovely
Farmer’s Market that the McPherson family is purchasing, was a previously
blighted eyesore of a structure. As a part of the city’s continuous
neighborhood redevelopment efforts, the house was purchased by the CNS
office on the open market and totally rehabilitated with HOME funds.
FINANCIAL IMPACT: The proceeds from the funding will be used to lower the
current Home program deficit and to be added to the CNS office program
income fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE SALE OF
CITY- OWNED PROPERTY AT 214 MYRTLE
WHEREAS, the City of Muskegon is dedicated to the redevelopment
of its neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high
quality affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission
hereby approves the sale of the totally rehabilitated home for
$105,000, which is located at 214 Myrtle, to be used as a single
family owner-occupied home by Mr. Forest McPherson with a subsidy
of $32,500.
Adopted this 11th day of May, 2010.
Ayes:
Nays:
By ______________________________
Stephen J. Warmington, Mayor
By ______________________________
Ann Marie Becker, MMC City Clerk
214 Myrtle Resolution