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CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 28, 2015 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: A. Deyonta Davis – Mr. Basketball Trophy. □ INTRODUCTIONS/PRESENTATION: □ CITY MANAGER’S REPORT: □ CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Special Event Request – Catamaran Racing Association of Michigan (CRAM) – Request to allow overnight camping at Pere Marquette Park (in conjunction with their annual Catamaran sailing regatta). COMMUNITY AND ECONOMIC DEVELOPMENT C. Amendment to the Zoning Ordinance PLANNING AND ECONOMIC DEVELOPMENT D. Consideration of Bids for: H-1697 GETTY ST., EVANSTON TO APPLE AVE. ENGINEERING E. Cemetery Management System/GIS. DEPARTMENT OF PUBLIC WORKS F. Agreement for Grant Management Services for United States Environmental Protection Agency (USEPA) Shoreline Cities Green Infrastructure Grant Project. PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT G. Turnkey Network Solutions – METRO Act Permit. ENGINEERING H. Purchase of (5) Fire Portable Radios (Grant/Match). DEPARTMENT OF PUBLIC SAFETY I. Approval of the Use & Maintenance of City Owned Property at 1499 Hoyt St. PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT □ PUBLIC HEARINGS: A. Public Hearing for 2015-2016 Action Plan. COMMUNITY AND NEIGHBORHOOD SERVICES □ COMMUNICATIONS: □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. 2015-16 Healthcare & Wellness Program FINANCE DEPARTMENT □ ANY OTHER BUSINESS: □ PUBLIC PARTICIPATION: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE CUMMINGS, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Memorandum To: Mayor and Commissioners From: Frank Peterson Re: City Commission Meeting Date: April 23, 2015 We have a number of items on the agenda, and I thought you could use a little background on some of them as you prepare for our meeting next week. 1. Under Honors and Awards, we will present Deyonta Davis with an award and sign for winning the 2015 Mr. Basketball Trophy. 2. Under the consent agenda, we are asking the Commission to approve: a. Last meeting’s minutes. b. A special event request for CRAM – this is an annual occurrence. c. An amendment to the zoning ordinance to allow for commercial sales in certain urban farming settings. d. Approval of Bids for the Getty Street Reconstruction Project. e. Authorization to invest in a cemetery GIS management system. f. A grant agreement with the USEPA to assist with the costs of certain green infrastructure. g. Approval of a metro act permit with Turnkey Network Solutions. h. The purchase of 5 portable radios for the fire department – this is a grant match, and was budgeted in the current FY. i. Approval of an agreement to allow the vacant city lot at 1499 Hoyt to be used as a community garden. 3. Under Hearings/Other/New Business we have four topics for discussion: a. We will host a public hearing on the 2015-16 CNS Action Plan. If there are questions on any agenda items, please try to let staff know in advance, and we will be sure to have the appropriate data/research available at the meeting. Date: April 22, 2015 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the April 13, 2015 Commission Worksession Meeting, and the April 14, 2015 City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. City of Muskegon City Commission Worksession April 13, 2015 City Commission Chambers 5:30 PM MINUTES 2015-14 Present: Commissioners German, Rinsema-Sybenga, Gawron, Johnson, Turnquist, and Spataro. Absent: Hood Public Act 422 of 2014 – Cemetery Perpetual Care Funds Derrick Smith, Finance Director, presented the Commission with information about the opportunity for the City to establish a Cemetery Perpetual Care Fund. Public Act 422 of 2014, which was signed by the Governor, allows a municipality that has a municipally owned cemetery to establish and maintain an irrevocable endowment and perpetual care fund as a component fund within a community foundation, by entering into an irrevocable agreement with the community foundation. Robert Chapla, Vice President of Development for the Community Foundation of Muskegon, gave some history on this effort stating that discussion began with the City of Muskegon’s former finance director, Tim Paul. John Schrier, Muskegon’s City Attorney, participated in drafting the legislation for this act. Mickey Knight, our lobbyist in Lansing, was a key person to getting the legislation passed. There was discussion about how this fund will create a source of funds to be exclusively used for the care and maintenance of cemeteries owned and operated by the city. Currently, a portion of the funds allocated for care and maintenance of cemeteries is earning 2-3% annually, and less than 1%, annually. Most recently, an investment with the community foundation has earned an average of 7.94% over 5 years. This item will be on the April 14, 2015 Commission Meeting Agenda for consideration by the Commission. Any Other Business Child Abuse Council of Muskegon Muskegon County Prosecutor, D.J. Hilson, appeared before the Commission as the President of the Child Abuse Council of Muskegon to propose an event to be held downtown at the same time that Bike Time is being held in Fruitport Township, July 16-19, 2015. They are calling the event “Steel Horse Rally for Kids”. The Child Abuse Council was approached by Ron Madison, a downtown business owner, to discuss the possibility of holding the event to entertain the thousands of visitors the downtown anticipates that weekend. This event is meant to complement Bike Time’s event and enhance visitor’s experience. Bike Time currently has a special event permit to close several streets downtown buts has no plans to offer vendors, entertainment, or food. The Child Abuse Council is proposing to assume the cost of the street closing, etc. and add vendors, food, and entertainment if Bike Time chooses not to provide these activities. The L.C. Walker Arena will be utilized during this event as well. Bike Time has until April 15, 2015 to submit their plans for the downtown. The Commission indicated they would make no determinations until the Bike Time plan was received. P.I.L.O.T. The subject of P.I.L.O.T’s was raised and there was some discussion regarding a policy change to eliminate P.I.L.O.T projects. The research and statistics on this matter need to be updated so the Commission can make an informed decision on this matter. It was decided the matter would be scheduled for a Legislative Policy meeting. Adjournment. Motion by Commissioner Rinsema-Sybenga, seconded by Vice Mayor Spataro to adjourn at 7:15 p.m. MOTION PASSES ____________________________ Ann Marie Cummings, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 14, 2015 CITY COMMISSION CHAMBERS @ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, April 14, 2015. Mr. George Monroe opened the meeting with prayer after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen J. Gawron, Vice Mayor Lawrence Spataro, Commissioners Willie German, Dan Rinsema-Sybenga, Byron Turnquist, Ken Johnson, Commissioner Eric Hood, City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie Cummings. 2015-24 HONORS AND AWARDS: A. 2014 Outstanding Citizenship Awards. – Andy O’Riley and Charlotte Johnson were each recognized for receiving the 2014 Outstanding Citizenship Award. The award plaques were presented at a Rotary Luncheon. 2015-25 INTRODUCTIONS/PRESENTATION: A. Presentation by Lake Hawks. The Lake Hawks appeared at the meeting to thank the commission for their support this past season, the commission was presented with autographed Lake Hawks Publications. The Lake Hawks won their final four and finished in the top 12 in the nation. 2015-26 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes of the March 28, 2015 City Commission Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes B. National Bike to Work Week Resolution. CITY CLERK SUMMARY OF REQUEST: The City Commission is asked to adopt the resolution supporting National Bike to Work Week June 15 through June 19, 2015. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution. C. Request to Fly the Norwegian Flag. CITY CLERK SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the Norwegian Flag at City Hall beginning Friday, May 15th, 2015 at 9:00 a.m. through the weekend, to be taken down the morning of Monday, May 18, 2015 in honor of Norway’s Constitution Day (Independence Day), which falls on Sunday, May 17, 2015. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the request. E. Rix Stix Pronto Pups and Rix Stix Eats Concession Contract for City of Muskegon Parks. DEPARTMENT OF PUBLIC WORKS SUMMARY OF REQUEST: Staff is asking permission to enter into a 1-year contractual agreement with Ralph “Rick” Paine III of Rix Stix Pronto Pups/Rix Beach Eats, at various City of Muskegon Parks/Facilties, located within the City of Muskegon, and as determined by staff, to sell pronto pups and various other food items from two mobile trucks. Concessionaire is also requesting that a 50’ interval/distance between vendors be considered. FINANCIAL IMPACT: Concession revenue is 10% of gross receipts. Commission revenue is unknown at this time as this is the first year in business for the Concessionaire at City of Muskegon Parks. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize DPW staff to enter into concession agreement with Ralph “Rick” Paine III of Rix Stix Pronto Pups/Rix Beach Eats. F. 2015/16 Water Treatment Sodium Hypochlorite Bids. DEPARTMENT OF PUBLIC WORKS SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder to supply sodium hypochlorite for the water filtration plant. FINANCIAL IMPACT: Annual cost of $73,590 (based on average annual water pumped to mains plus increased estimated treatment cost for Norton Shores/Fruitport). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the low bid received and allow staff to enter into a contract with Alexander Chemical for sodium hypochlorite for one year, beginning April 14, 2015. G. Permanent Traffic Control Order – Install a permanent “STOP” sign at Indiana Avenue and Harbor Towne Circle per Traffic Control Work Order #17-(2015). DEPARTMENT OF PUBLIC WORKS SUMMARY OF REQUEST: Authorize staff to install a permanent “Stop” sign at the Southwest corner of Indiana Avenue and Harbor Towne Circle per Traffic Control Work Order # 17-(2015) FINANCIAL IMPACT: Cost of signs/posts and man-power to install, if approved. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize DPW staff to install a “Stop” Sign at Indiana Avenue and Harbor Towne Circle per Traffic Control Work Order # 17-(2015) H. 2015 Pavement Marking Program. DEPARTMENT OF PUBLIC WORKS SUMMARY OF REQUEST: Staff is requesting permission to enter into a 1-year contractual agreement with Michigan Pavement Marking (MPM) of Wyoming, MI for Centerline Painting and Advanced Pavement Marking (APM) of West Olive, MI for Special Pavement Markings. This contract bid was awarded by the Muskegon County Road Commission (MCRC) and for local agencies in the Muskegon County Pavement Marking Group to enter into with MPM and APM with each member billed separately by MPM and APM for painting services requested. FINANCIAL IMPACT: Estimated costs for 2015 are $25,000 for both Centerline painting and Specialty Markings. Approximately $20,334 in 2011 was spent for centerline painting/special pavement markings with $16,008 in 2012, $16999 in 2013 and $16,013 in 2014 spent for centerline painting only, through previous bids/contracts with MCRC and MPM. BUDGET ACTION REQUIRED: None, contractual work has been budgeted for in the Highway Majors budget. STAFF RECOMMENDATION: Approve request to enter into a 1-year contract with Michigan Pavement Markings for Centerline Painting and Advanced Pavement Markings for Special Pavement Markings. K. DPW Fleet Replacement Vehicles. DEPARTMENT OF PUBLIC WORKS/ EQUIPMENT SUMMARY OF REQUEST: The Equipment division is seeking permission to purchase 2 (two) DPW fleet vehicles, one for the Highway Department as a construction vehicle and the other for the Parks Department. BUDGET ACTION REQUIRED: None. This is the amount budgeted for. FINANCIAL IMPACT: One ton $26,395.00 and Three quarter ton $21,395.00 STAFF RECOMMENDATION: Authorize staff to purchase 2 (two) fleet replacement vehicles from Gorno Ford the Mi Deal State contract holder. Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga to approve the Consent Agenda as read with the exception of Items D, I, and J. ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and Rinsema-Sybenga Nays: None MOTION PASSES 2015-27 ITEMS REMOVED FROM CONSENT AGENDA: D. PA 422 of 2014 – Cemetery Perpetual Care Fund. FINANCE SUMMARY OF REQUEST: Public Act 422 of 2014, which was signed by the Governor, allows a municipality that has a municipally owned cemetery to establish and maintain an irrevocable endowment and perpetual care fund as a component fund within a community foundation, by entering into an irrevocable agreement with the community foundation. FINANCIAL IMPACT: Additional cemetery endowment earnings potentially will reduce the use of general fund revenue for cemetery maintenance. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Approval of the City of Muskegon Cemetery Perpetual Care Fund Agreement with the Community Foundation for Muskegon County. Motion by Commissioner German, second by Commissioner Rinsema-Sybenga to approve the City of Muskegon Cemetery Perpetual Care Fund Agreement with the Community Foundation for Muskegon County. ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga, Turnquist, and Johnson, Nays: None MOTION PASSES I. Aggregates, Highway Maintenance Materials and Concrete. DEPARTMENT OF PUBLIC WORKS SUMMARY OF REQUEST: Award bid to supply H1/32FA limestone chip blend to Verplank Trucking Company Award bid to supply road slag to Verplank Trucking Company Award bid to supply road gravel to Yellow Rose Transport Award bid to supply Sylvax patching material to Unique Paving Materials Award bid for crack sealant to Surface Coatings Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc. Award bid to supply AE-90 Asphalt Emulsions to Bit-Mat Products Award bid to supply screened top soil to Accurate Excavators Award bid to supply 2NS sand to Yellow Rose Transport Award bid to supply Fill Sand to Accurate Excavators Award bid to supply 7-sack mix concrete to Port City Redi-Mix Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes Chloride FINANCIAL IMPACT: $456,387.25 BUDGET ACTION REQUIRED: NONE; funds appropriated in several budgets STAFF RECOMMENDATION: Recommend approval of bids as outlined in Summary of Request. Maintenance Vehicle. The Highway truck will be a one ton flatbed and the Parks a three quarter ton standard cab pick-up. Motion by Commissioner Turnquist, second by Commissioner German to approve bids as outlined in the Summary of Request. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Spataro, and German, Nays: None MOTION PASSES J. Police SUVs. DEPARTMENT OF PUBLIC WORKS/EQUIPMENT SUMMARY OF REQUEST: The Equipment division is seeking permission to purchase 2 (two) Police Interceptor SUVs to replace current units that are due retirement based on years of service and mileage. We are also asking to purchase an additional warranty for these vehicles extending our powertrain warranty to 7 years ~ 125,000 miles. FINANCIAL IMPACT: $25,475.00 per SUV and $2,495 for each extended warranty. BUDGET ACTION REQUIRED: None. This is the amount budgeted for. STAFF RECOMMENDATION: Authorize staff to purchase 2 (two) Police SUVs with extended warranty from Gorno Ford the Mi Deal State contract holder. Motion by Commissioner German, second by Commissioner Rinsema-Sybenga to authorize staff to purchase two Police SUVs with extended warranty from Gorno Ford the Mi Deal State contract holder. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Spataro, and German Nays: None MOTION PASSES 2015-28 NEW BUSINESS: A. Approval of Sale of City-owned home at 1581 Division. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the resolution and instruct the Community and Neighborhood Services department to complete the sales transaction between Ashley Nagelkirk for the rehabilitated home at 1581 Division, which is part of the City’s HOME Program. Ms. Nagelkirk’s purchase price for the home is $74,500. FINANCIAL IMPACT: The proceeds from the sale will be used to continue the rehabilitation of vacant houses through the HOME program to sustain our current investments to stabilize and revitalize neighborhoods. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and direct the CNS staff to complete the sale. Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve the resolution and direct the CNS staff to complete the sale. ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron Nays: None MOTION PASSES B. Public Relations Fund Budget Adjustment. CITY CLERK SUMMARY OF REQUEST: Improving the city’s image has been made a priority over the last two budget cycles. As such, many staff hours have been dedicated to working with key stakeholders to develop a plan to help change public perception. Many of our partner stakeholders have committed to fundraising for these types of activities. As the summer tourist season approaches, city staff and key stakeholders identified a number of new capital investments that we would like to undertake. Two of which we are seeking approval for today – the installation of welcoming banners on light poles throughout the downtown, and the redesign of the logo and color scheme used on many city advertisements, vehicles, buildings, paperwork, etc. FINANCIAL IMPACT: Same BUDGET ACTION REQUIRED: Same STAFF RECOMMENDATION: Increase the Public Relations Budget by $40,000 and authorize the City Clerk to purchase and install new banners downtown and to work with Revel to design a new city logo. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Hood to increase the Public Relations Budget by $40,000 and authorized the City Clerk to purchase and install new banners downtown and to work with Revel to design a new city logo. ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Johnson, Gawron, and Hood Nays: Turnquist MOTION PASSES C. City – MDOT Agreement; Henry Street Construction; Sherman to Hackley. ENGINEERING SUMMARY OF REQUEST: Approve the contract with MDOT for the Henry Street construction between Sherman & Hackley and approve the resolution authorizing the Mayor and City Clerk to sign the contract. FINANCIAL IMPACT: MDOT’s participation is limited to the approved federal funds of $580,000. The estimated total construction cost is $802,100 plus engineering cost. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Approve the contract and resolution and authorize the mayor and clerk to sign both. Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve the contract and resolution and authorize the mayor and clerk to sign both. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Spataro. Nays: None MOTION PASSES PUBLIC PARTICIPATION: Public comments were received. ADJOURNMENT: The City Commission Meeting adjourned at 7:17 p.m. Respectfully submitted, Ann Marie Cummings, MMC City Clerk CITY COMMISSION MEETING DATE April 28, 2015 Date: April 14, 2015 To: Honorable Mayor and City Commissioners From: Cathy Brubaker-Clarke, Director of Community & Economic Development Re: Special Event Request – Catamaran Racing Association of Michigan (CRAM) Request to allow overnight camping at Pere Marquette Park (in conjunction with their annual Catamaran sailing regatta) SUMMARY OF REQUEST: C.R.A.M. is holding their annual Catamaran sailing regatta at Pere Marquette Park the weekend of August 14 - 16, 2015. They are again requesting permission for their participants to camp overnight at the park, as they have done in previous years. They would like to use the City-owned parking lot across from The Deck restaurant for overnight camping, provided that the Deck’s owners (Harris Hospitality) approve. If they are unable to use that lot, they request to use the City-owned parking lot at Harbour Towne beach. They expect between 8 to 15 RVs in the lot overnight. This is the event’s eighth year of operation and there have been no problems in the past with this group. They will provide proof of liability insurance. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve overnight camping at Pere Marquette Park for this event on August 14, 15, and 16, 2015, with an alternate location of Harbour Towne Beach parking lot. COMMITTEE RECOMMENDATION: N/A Commission Meeting Date: April 28, 2015 Date: April 23, 2015 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Amendment to the Zoning Ordinance SUMMARY OF REQUEST: Staff initiated request to amend Section 2313 (Community Gardens) of the zoning ordinance and replace it with an urban farming ordinance. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the zoning ordinance amendment. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval by a 6-1 vote at their regular meeting in April. Planning Commission Excerpt Community Gardens Can be considered a principal use. Does not require a house or business to be located on the parcel. Require a site plan to be approved by zoning administrator, but no further approvals (such as a Special Use Permit) are needed. May sell produce if they choose, but it is not a requirement (can’t sell on site unless the property is already zoned for retail). If they choose to sell, they must register with the city as a business. Profits must go back into the program that benefits the community. Urban Commercial Farms Must be an accessory use to the property. There must be a principal structure on the parcel (house, business, etc.). Require a Special Use Permit, in which all neighbors within 300 feet would be notified. The Planning Commission would review the site plan at the meeting. Must sell produce for profit (can’t sell on site unless the property is already zoned for retail). Must register with the city as a business. Private Gardens Allowed in all districts with no approvals necessary. Does not need a principal structure (house, business, etc) on the parcel. May not sell produce. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO._____ THE CITY OF MUSKEGON HEREBY ORDAINS: Article XXIII, Section 2313, Community Gardens, of the City of Muskegon Zoning Ordinance is amended in its entirety as follows. SECTION 2313: COMMUNITY GARDENS, PRIVATE GARDENS, AND URBAN COMMERCIAL FARMS 1. Definitions. For purposes of this ordinance, the following terms shall have the meanings given to them in this section as follows: A. Commercial Farming means the sale of any amount, without any minimum threshold, of an agricultural product cultivated on an Urban Commercial Farm or Community Garden. B. Community Garden means a vacant parcel of land or vacant portion of a parcel of land that is divided into plots for cultivation of fruits and vegetables, plants, flowers or herbs by more than one individual and/or group. The land may or may not be owned by a participating member of the community garden group. C. Cold Frame means transparent-roofed enclosure, built low to the ground, used to protect plants from adverse weather. The transparent top admits sunlight and prevents heat escape via convection that would otherwise occur, particularly at night. Essentially, a cold frame functions as a miniature greenhouse to extend the growing season. D. Compost means relatively stable decomposed organic matter for use in agricultural and other growing practices, usually consisting of materials such as grass, leaves, yard waste, worms, and also including raw and uncooked kitchen food wastes, but specifically excluding bones, meat, fat grease, oil, raw manure and milk products. E. Farm Animals means all animals traditionally found or used on an operating farm, including but not limited to, horses, sheep, goats, cows, chickens, donkeys, turkeys and alpaca. F. Farm Coordinator means an Urban Commercial Farm or Community Garden’s designated liaison to the city. G. Farm Equipment and Tools means those pieces of machinery and tools used to prepare the soil, cultivate produce, fertilize, harvest, etc., including but not limited to, tractors, rototillers, rakes, shovels, hoes, fertilizer, pesticide and herbicide spreaders and sprayers, etc. H. Greenhouse means a building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants. I. Hoop house means an unheated structure whose roof and sides are made largely of transparent or translucent material (not glass) for the purpose of the cultivation of plants inside. J. Orchard means the establishment, care, harvesting of a group of more than ten (10) fruit or nut bearing trees. K. Private Garden means an accessory or principal use where the owner or tenant grows and harvests food crops and/or non-food crops for personal use by the owner or tenant of the land. L. Rainwater Catchment System means a method of catching rainwater runoff from the roof of a structure into rain gutters that channel into a rain barrel, drum or cistern. M. Urban Commercial Farm means land used for the cultivation of fruits and vegetables, plants, flowers or herbs for sale or profit. It is an accessory use on a residential or commercial property requiring a special use permit and business license. 2. Agricultural Uses The agricultural uses of Community Gardens, Private Gardens and Urban Commercial Farms are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing and harvesting of any agricultural, floricultural, or horticultural produce. Farm animals, including livestock, are prohibited. The agricultural uses of Community Gardens, Private Gardens and Urban Commercial Farms shall not be detrimental to the physical environment or to the public health and general welfare by reason of excessive production of noise, smoke, fumes, vibrations, odors, chemical or biological pollutants. 3. Property Maintenance A. Property used for Community Gardens, Private Gardens and Urban Commercial Farms shall be maintained in an orderly and neat condition, free of high grass (with the exception of purposely cultivated native species, which shall be allowed), noxious weeds, or debris. Dead garden plants shall be removed regularly, and in any instance, no later than November 30th of each year. B. Plants from cultivated areas shall be prevented from encroaching onto adjacent properties or onto the public right-of-way. C. Seeds and harvested crops on site shall be stored so as not to attract animals. D. Compost must be maintained and stored to avoid any odor reaching neighboring property. E. Fencing is permitted, but requires a development permit from the city, and must comply with existing fencing rules and regulations. 4. Applicable Laws Community Gardens, Private Gardens and Urban Commercial Farms shall comply with all applicable local, state and federal regulations. 5. Site Plan Requirements A Site Plan is required for all Urban Commercial Farms and Community Gardens. The Farm Coordinator shall submit a site plan to the Zoning Administrator for approval prior to beginning a Community Garden or Urban Commercial Farm. The site plan must include the following: A. The name of the Farm Coordinator. B. The project address. C. The project name (if any). D. The legal owner of the parcel(s). If the Community Garden or Urban Commercial Farm is a tenant, include the length of the current lease. E. Gross site area of parcel(s) to be used, including dimensions. F. Location of the following: principal and accessory structures, crop areas, fencing and walls, ingress and egress, loading areas, compost piles, trash containers and dumpsters, signage, restroom facilities (if any), and all bodies of water and wetlands adjacent to or in the immediate vicinity of the parcel(s). G. A narrative description generally describing the following, as applicable: i. The types, methods of application, storage of proposed pesticides, herbicides, fertilizers, and any other chemicals that will be used. ii. The type of machinery and equipment proposed and description of the noise, vibration, smoke, odor, dust, dirt that may be a nuisance to surrounding properties. iii. Evaluation of existing soil conditions and plans to mitigate soil issues, as necessary. 6. Community Gardens and Urban Commercial Farms Community Gardens are intended to bring citizens together to work collaboratively in growing food for their personal use or donation, or sales to generate income for garden activities that benefit the community; to promote education with regard to agriculture, provide a positive communal environment for children and adults living nearby and an opportunity for volunteer work among participants. Community Gardens are not intended to be for-profit commercial farming operations. Urban Commercial Farms, on the other hand, are intended to be for-profit commercial farming operations, operated by an individual or a single group. Community Gardens are a principal use permitted in B-1, Limited Business; B-5, Governmental Business; MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2, RM-3) zoning districts. Urban Commercial Farms are a Special Land Use permitted in B-1, Limited Business; B-5, Governmental Business; MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2, RM-3) zoning districts. Community Gardens and Urban Commercial Farms are permitted in their respective Zoning Districts subject to the following conditions: A. Each Community Garden and Urban Commercial Farm shall have a Farm Coordinator designated as its liaison to the City. The Coordinator’s name and contact information shall be given to the Zoning Administrator. B. No on-site sales shall be permitted, unless the produce is grown on a site where sales of produce are already permitted under the zoning laws, such as a grocery store or restaurant. C. The Community Garden or Urban Commercial Farm must be designed and maintained so that water, chemicals, dirt, mud or fertilizer will not drain into the streets, alleys or adjacent properties. Any use of pesticides or fertilizers must comply with applicable state or federal regulations. D. Setback Requirements must be met: a. Buildings and accessory structures must comply with the setback, height and size requirements of the zoning district in which the garden or farm is located. b. Rain barrel systems, crop areas, and planting beds must be set back at least five (5) feet from all property lines. This may be reduced to three (3) feet within the presence of a fence. c. Orchards and all crops reaching a height of five (5) feet at maturity shall be set back at least fifteen (15) feet from all property lines. The side and back setbacks may be reduced to five (5) feet within the presence of a fence. d. The required setback areas must be covered with ground plants, which may include native or ornamental grasses and low ornamental plantings. Mulch may also be used as an appropriate ground covering except in the first five (5) feet of the front setback. e. Compost areas or waste bins must be less than sixteen (16) square feet in size and must be set back at least ten (10) feet from all property lines and at least twenty (20) feet from the nearest principal residential structure. E. On-site amenities like picnic tables, garden art, benches, and bike racks are permitted as long as they meet setbacks requirements, do not obstruct the clear vision at drives or intersections, and do not create a nuisance for neighboring properties. F. Community Gardens on vacant parcels may erect a hoop house or greenhouse as a primary structure. G. No water or irrigation wells may be installed unless by a state-licensed well-drilling firm, and with approval and necessary permit from the city and county. All groundwater wells located on city property must be removed by the responsible group, at their expense, when the garden is no longer in use. H. Oats, wheat and rye may be used as a winter cover crop, but not grown to full maturity in any season. I. Trash receptacles shall be located to the rear of the property unless the Department of Public Works determines that another location creates less impact on the adjacent properties. J. Lighting, if provided, shall be shielded so that all directly emitted light falls within the property. K. Farm equipment, tools, supplies, and machinery shall be stored in an enclosed structure or removed from the property daily. All chemicals and fuels shall be stored off of the ground, in an enclosed, locked structure when the site is unattended. L. Tractors and other diesel generated motorized vehicles within a residential zoning district shall be restricted to hours beginning at 8:00a.m. and ending at 8:00p.m M. Temporary restroom facilities are permitted only during the growing season from April 15th through October 15th. The facilities shall be screened on at least three (3) sides from public view by fencing, structures or plantings of sufficient height. 7. Business License for Commercial Farming All Urban Commercial Farms and those Community Gardens wishing to engage in Commercial Farming through the sale of any agricultural products must first obtain a business license through the City. Community Gardens that do not engage in Commercial Farming are not required to obtain a business license. 8. Private Gardens A. Private Gardens are permitted uses in all zoning districts. B. Commercial Farming, i.e., the sale of any agricultural products yielded, from a Private Garden is prohibited. C. No Site Plan is required for a Private Garden. D. The requirements outlined above in Section 6 for Urban Commercial Farms and Community Gardens do not apply to Private Gardens. This ordinance adopted: Ayes: ______________________________________________________________ Nays: _______________________________________________________________ Adoption Date: _________________________ Effective Date: _________________________ First Reading: _________________________ Second Reading: ________________________ CITY OF MUSKEGON By____________________________ Ann Cummings, MMC City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 28th day of April, 2015, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Planning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2015. __________________________________________ Ann Cummings, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on April 28, 2015, the City Commission of the City of Muskegon adopted an ordinance to amend Section 2313 of the Zoning Ordinance to allow urban commercial farms and community gardens in B-1, Limited Business; B-5, Governmental Business; MC, Medical Care; and all Residential (R-1, RT, RM-1, RM-2, RM-3) zoning districts. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2015. CITY OF MUSKEGON By _________________________________ Ann Cummings, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 9 Date: April 28, 2015 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: H-1697 GETTY ST., EVANSTON TO APPLE AVE. SUMMARY OF REQUEST: Award the above referenced project to McCormick Sand Inc. out of Twin Lake, MI. McCormick Sand submitted the lowest responsible bid of $808,844.50 The award of the contract to McCormick Sand Inc, if approved, must be contingent upon approval by the state. FINANCIAL IMPACT: As previously presented to the Commission, the State’s participation is limited to 54% of the cost and is capped at $375,000 with the estimated $500,000 remaining in costs, including engineering, is the city’s responsibility. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Award the contract to McCormick Sand Inc. COMMITTEE RECOMMENDATION: None Date: 28-Apr-15 To: Honorable Mayor and City Commission From: Dept. of Public Works RE: Cemetery Management System/GIS SUMMARY OF REQUEST: Authorize staff to contract with Johnson&Anderson engineering services to design a cemetery management system for Restlawn Cemetery. The system would be used for accessing records, plot and grave space locations. City staff and the general public would be able to access information through an integrated web portal. Costs associated with this request include: Web portal development, record scanning and GPS mapping of Restlawn Cemetery. FINANCIAL IMPACT: $25,215 dollars from the Cemetery fund BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Authorize staff to hire Johnson&Anderson for professional engineering services. COMMITTEE RECOMMENDATION: Commission Meeting Date: April 28, 2015 Date: April 21, 2015 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Agreement for Grant Management Services for United States Environmental Protection Agency (USEPA) Shoreline Cities Green Infrastructure Grant Project SUMMARY OF REQUEST: The City of Muskegon has received a USEPA Shoreline Cities Green Infrastructure Grant in the amount of $110,449. The West Michigan Shoreline Regional Development Commission (WMSRDC) will administer the grant, in conjunction with the Michigan Department of Environmental Quality SAW NPS Stormwater Planning Grant which they received. The total project amount for both grants is $221,897. The projects include installation of green infrastructure in a 6.5 acre area (Beidler Street vicinity) that currently contributes untreated stormwater to an underground pipe that discharges to Muskegon Lake, an embayment of Lake Michigan. FINANCIAL IMPACT: Project costs are covered by both grants. There is no cash match from the City of Muskegon. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the “Agreement for Grant Management Services” (attached) between the City of Muskegon and WMSRDC and authorize the Mayor and Clerk’s signiture’s. Date: April 22, 2015 To: Honorable Mayor and City Commissioners From: Engineering RE: Turnkey Network Solutions – METRO Act Permit SUMMARY OF REQUEST: Approve the request for a permit from Turnkey Network Solutions and authorize the Mayor to sign the permit. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the permit and sign the documents. Date: April 22nd, 2015 To: Honorable Mayor & City Commissioners From: Director of Public Safety Jeffrey Lewis RE: MUFD Equipment Request (Five (5) APX6000 Portable Radios) SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission authorize the amount of $13,500.00; for five (5) APX6000 VHF MHZ Model 1.5 Portable Radios (includes accessories, batteries, chargers, rugged package & high-viz color). A total of twenty-five (25) radios will be purchased to complete the joint grant project (Port City / Homeland Security Grants) this will satisfy the original request to replace all fire portable radios which are antiquated; some have a service date of fifteen (15) years or more. The project should be completed by July 31st, 2015. FINANCIAL IMPACT: N/A – Budgeted BUDGET ACTION REQUIRED: Equipment was budgeted in the 2014/15 budget cycle to support the equipment replacement (Fire – 50336/5700 -- Capital Outlays) (Grant Match). STAFF RECOMMENDATION: Staff recommends approval of this equipment purchase to update & enhance essential communications for our Fire Service. Commission Meeting Date: April 28, 2015 Date: April 22, 2015 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Approval of the Use & Maintenance of City Owned Property at 1499 Hoyt St SUMMARY OF REQUEST: To approve the use and maintenance of the City owned property located at 1499 Hoyt St for a community garden. The property is buildable and the City would retain the right to sell the property with the community garden members having time to remove the garden prior to any sales. FINANCIAL IMPACT: The City would save on the cost of maintenance of this property. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and maintenance agreement. COMMITTEE RECOMMENDATION: None Maintenance Agreement This Agreement is made April 28, 2015 (“Effective Date”), by and between the City of Muskegon (“City”), of 933 Terrace Street, Muskegon, Michigan 49440, and David Armstrong, Muskegon, Michigan. Background A. “City” is the owner of the vacant lot located at 1499 Hoyt St (“Property”). B. The parties wish to enter into an agreement regarding the installation and maintenance of a flower garden located at the Property. C. Individual has agreed to perform the installation and physical maintenance of the garden at the Property pursuant to the terms set forth in this maintenance agreement. Therefore, the parties agree as follows: 1. General Agreement. Individual agrees, at the sole cost of the Individual, to perform the installation and physical maintenance of a flower garden at the Property. 2. Site Design. Individual shall submit a garden design for the Property, and receive design approval from the City, prior to installation. City agrees not to unreasonably withhold its approval of the garden design. Any necessary permits or variances (fencing, lighting, electrical, plumbing, etc.) are the responsibility of the Individual and not the City and must be obtained prior to performing any work. 3. Maintenance. Individual shall be responsible for the physical installation of the flower garden and continuing maintenance of the Property, including i) mowing, trimming, fertilizing, weed control and any other routine maintenance of the grass, trees, shrubs and plantings at the Property, and ii) trash and litter removal from the Property. 4. Buildable Lot. City retains the right to sell the property at any time without prior notice to the Individual. In the event the property is sold, City shall notify the Individual, who shall have 30 days to remove any plantings and other items installed by the Individual. 5. Term. This maintenance agreement shall continue in effect until terminated by either party. Upon termination, Individual waives any claim against City for installation or maintenance of any item on the Property. 6. Insurance. Should the Individual place any items (picnic tables, grills, etc.) that are to remain on the property for an extended period of time, the Individual must purchase liability insurance and provide proof of the insurance to the City. 7. Hold Harmless. Individual shall indemnify, defend and save City harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury or damage to property arising from any occurrence in or about the Property or from the occupancy or use by Individual of the Property or any part thereof or resulting in whole or part from any act or omission of Individual, its employees, invitees, licensees, contractors or agents. City shall not be liable for any injury to the person or property of Individual or any other persons on the Property resulting from the criminal or negligent acts of third persons occurring on or nearby the Property. [signatures appear on following page] O:\CLERK\Grimm\City Commission\2015\Agendas\04282015\Agenda Items\1499 Hoyt Agreement.doc City of Muskegon, a municipal corporation By: ______________________________ Name: Stephen J. Gawron Title: Mayor Date: ___________________________ By________________________________ Name: Ann Cummings, MMC Title: Clerk Date: ___________________________ ___________________________________ ___________________________________ Name: ____________________________ Date: ____________________________ O:\CLERK\Grimm\City Commission\2015\Agendas\04282015\Agenda Items\1499 Hoyt Agreement.doc Resolution No. _______ MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE USE AND MAINTENANCE OF THE BUILDABLE LOT AT 1499 HOYT ST. WHEREAS, David Armstrong, owner of 1479 Hoyt St, and his neighbors shall be allowed to use and maintain the parcel designated as parcel number 24-205-280-0012-00, located at 1499 Hoyt St; and WHEREAS, the City would reserve the right to sell the property and give the members time to remove the gardens prior to any sales; and WHEREAS, the maintenance would relieve the City from having to maintain the property and the maintenance costs while the garden is there; and NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-280-0012-00, located at 1499 Hoyt St be maintained for a community garden by David Armstrong and the members of the community garden. CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 12 BLK 280 Adopted this 28th day of April, 2015 Ayes: Nays: Absent By: _________________________ Stephen J. Gawron Mayor Attest: ________________________ Ann Cummings, MMC City Clerk CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on April 28, 2015. By: ________________________ Ann Cummings, MMC City Clerk Commission Meeting Date: April 28, 2015 Date: April 20, 2015 To: Honorable Mayor and City Commission From: Community and Neighborhood Services Department RE: Public Hearing for 2015 – 2016 Action Plan SUMMARY OF REQUEST: To conduct a public hearing of the 2015 – 2016 Action Plan for public comments. FINANCIAL IMPACT: Action Plan establishes the 2015-2016 Community Development Block Grant and HOME budgets. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To receive comments about the proposed 2015 – 2016 Action Plan at the public Commission meeting. Date: April 22, 2015 To: Honorable Mayor and City Commissioners From: Finance Department RE: 2015-16 Healthcare & Wellness Program SUMMARY OF REQUEST: It is time to renew the City's healthcare coverage for 2015-16 plan year (6/1/15- 5/31/16). Renewal premiums for the City's current healthcare program came in at a 9.95% increase over the current year. Last year we experienced a decrease of 2.62% due to changing to an 80/20 coinsurance plan and increasing the deductible from $1,000/$2,000 to $2,000/$4,000. In 2013-14 the increase was 5.04% over the prior year. In comparative terms, many employers have been experiencing sharp double-digit rate increases for several years. Also, the City’s healthcare costs remain below the “hard cap limits” set by PA 152 and remain cost competitive with the standards set by the state for new hires. These are good independent indicators that the City’s program is cost-effective. For 2015-16, the City will continue to pay the HRA deductible if the employee and spouse completed the four-step wellness initiative by March 31st; non-participants in the wellness program will continue to pay the first $500 (single)/ $1,000 (double/family) of the deductible. FINANCIAL IMPACT: Following is an estimate of gross premium costs for the Priority Health HMO program compared with the current healthcare plan year: 2015‐16 2014‐15 Single Double Family Single Double Family Monthly Premium $ 463.28 $ 1,042.38 $ 1,250.86 $ 421.37 $ 948.08 $ 1,137.70 Rate Change 9.95% 9.95% 9.95% (2.62%) (2.62%) (2.62%) Annual Premium 5,559.36 12,508.56 15,010.32 5,056.44 11,376.96 13,652.40 Current # Employees 40 35 122 40 35 122 Total Annual Premium 222,374.40 437,799.60 $ 1,831,259.04 202,257.60 398,193.25 $ 1,665,592.80 2,491,433.04 2,266,043.65 Add: HRA Deductibles Paid by City 160,000.00 160,000.00 Less: 10% Employee Premium Copays (249, 143.30) (226, 604.36) Equals: Employer Cost $2,402,289.74 $2,199,439.29 2015 PA 152 Hard Cap Limits 2014 PA 152 Hard Cap Limits $ 5,992.30 $ 12,531.75 $ 16,342.66 $ 5,857.58 $ 12,250.00 $ 15,975.23 239,692.00 438,611.25 1,993,804.52 234,303.20 428,750.00 1,948,978.06 $2,672,107.77 $2,612,031.26 Full-time City employees pay 10% of the above premium costs through payroll deduction. BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be included in the forthcoming 2015-16 budget. STAFF RECOMMENDATION: Authorize staff to execute documents with Priority Health to renew employee healthcare coverage for the coming year.