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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 12, 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. Homeless Continuum of Care Network and City of Muskegon –
Memorandum of Understanding (MOU) and Appointment of City
Commission Representative. PLANNING & ECONOMIC DEVELOPMENT
C. CDBG Program Administration Agreement – City of Muskegon/City of
Norton Shores. PLANNING & ECONOMIC DEVELOPMENT
D. West Michigan Metropolitan Transportation Plan (WestPlan) Dues, FY
2011. CITY MANAGER
E. Amend Article III of Chapter 74 of the City’s Code of Ordinance.
ENGINEERING
F. Budgeted Vehicle Replacement – Chevrolet Impalas. PUBLIC WORKS
G. Budgeted Equipment Setup. PUBLIC WORKS
H. Merit Network Inc. – METRO Act Permit. ENGINEERING
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Richards Park License and Management Agreement. PUBLIC WORKS
B. Consideration of 2011 COLA for Retirees. FINANCE
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: October 12, 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 City
Commission Meeting that was held on Tuesday, September 28, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 28, 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, September
28, 2010.
Mayor Warmington opened the meeting with a prayer from Commissioner
Clara Shepherd 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 Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2010-83 HONORS AND AWARDS:
A. Honorary Ambassador Award – Root Park.
Commissioner Lawrence Spataro presented Honorary Ambassador Awards to
Mark Fazakerley, Burl Krause and Brian Krause for the renovation of the fountain
at Root Park.
2010-84 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the September 13th Commission
Worksession Meeting and the September 14th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Smartzone – Pre-Seed Fund Agreement between the City of Muskegon
and the Michigan Alternative & Renewable Energy Center (MAREC).
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 2007, the City of Muskegon received $25,000 from
a $100,000 grant to assist with the administration of the Pre-Seed Loan fund
through the State Smartzone program. The City contracted with Muskegon
Area First to administer these funds. MAF spent $10,000 on assisting clients with
their applications for Pre-Seed loans. Recently, the MEDC forwarded the
remaining $75,000 to the City. Since MAREC has a new director and staff, it
would be appropriate for them to become administrators of this fund. The
funding can be used for administration, as well as to assist potentially eligible
applicants through the loan application process. With MAREC’s new direction,
they can best reach the clients who would qualify for the Pre-Seed Loan
(business start-ups, incubators, etc).
FINANCIAL IMPACT: The City has a total of $90,000 from the State of Michigan
for administration and client assistance of the Pre-Seed Fund. These funds will be
used by MAREC for administrative services and client assistance.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Letter of Agreement between the
City of Muskegon and MAREC and authorize the Mayor to sign.
C. Senior Nutrition Program – Agreement between AgeWell Services of
West Michigan (AWS) and the City of Muskegon. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has contracted with AgeWell
Services for several years to conduct the senior nutrition program at the McGraft
Park Community Building. This Agreement will extend those services through
September 30, 2011.
FINANCIAL IMPACT: The City of Muskegon financially supports the program in
the amount of $8,316. AWS pays the City $200 a month for rent and utilities.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement and authorize the
Mayor’s signature.
D. Amendments to the Zoning Ordinance – Transitional Living Centers.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1306 (Special Land Use
Permitted) of Article XIV (B-5, Governmental Service District) of the zoning
ordinance, to allow Transitional Living Centers as a special use permitted in B-5,
Governmental Service Districts, by West Michigan Therapy, Inc.
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 September 16th meeting.
E. Amendments to the Zoning Ordinance – Definition for Transitional Living
Center. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II of the zoning ordinance to
create a definition for Transitional Living Center, by West Michigan Therapy, Inc.
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 September 16th meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2010-85 NEW BUSINESS:
A. Congress of Cities Voting Delegates. CITY CLERK
SUMMARY OF REQUEST: To designate one of our officials who will be in
attendance at the National League of Cities Annual Business Meeting on
Saturday, December 4th, to cast the City’s vote; and, if possible, to designate an
alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Wierengo to appoint
Commissioner Shepherd to represent the City at the National League of Cities to
cast the City’s vote.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. Liquor License Transfer Request – BETAK Enterprises, Inc., 1813 Getty
Street. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from BETAK Enterprises, Inc. to transfer ownership
of the Escrowed 2010 SDD License from Rite Aid of Michigan, Inc., 821 E. Apple
Avenue to 1813 Getty Street and to be held in conjunction with existing 2010
SDM License.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the liquor license transfer request for BETAK Enterprises, Inc.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro
ANY OTHER BUSINESS: Commissioner Spataro thanked City Staff, Bernadette
Young, and her department for the work that was done at Root Park.
Mayor Warmington recognized Commissioner Shepherd who was presented an
Award of Merit at the MML Annual Meeting.
ADJOURNMENT: The City Commission Meeting adjourned at 5:45 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Commission Meeting Date: October 12, 2010
Date: September 30, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Homeless Continuum of Care Network and City of
Muskegon- Memorandum of Understanding (MOU)
and Appointment of City Commission
Representative
SUMMARY OF REQUEST: The City of Muskegon has had a voting seat
on the Homeless Continuum of Care Network Review Committee for
several years. The current MOU is outdated. In order to retain the City
seat on the Review Committee, a new MOU must be approved.
Commissioner Larry Spataro has served as the City representative in
the past.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached MOU and
authorize the Mayor’s signature and appoint Commissioner Spataro as
the City of Muskegon representative to the Review Committee
MEMORANDUM OF UNDERSTANDING
Muskegon County Homeless Continuum of Care Network
And
City of Muskegon
I. BACKGROUND AND INTENT
This Agreement for participation in the development, implementation and management
of programs to end homelessness in Muskegon County is entered into between
member agencies of the Muskegon County Homeless Continuum of Care Network.
Whereas, the Continuum has formally adopted the Blueprint for Ending Homelessness,
a 10 Year Plan which sets forth goals and objectives toward preventing and ending
homelessness in the County; and,
Whereas, the sole purpose of this Memorandum of Understanding is to encourage
cooperation between each member of the Continuum and to further detail the separate
and distinct roles and responsibilities of each party with regards to the operation and
implementation of projects to prevent and end homelessness in our community; and,
Whereas, each member of the Continuum understands that certain activities must be
undertaken in order to meet federal, state and local requirements for funding; and,
Whereas, the Continuum must prioritize the utilization of its limited resources to
maintain a comprehensive service delivery system for the most-in-need within the at-
risk and homeless populations; and,
Whereas, the Muskegon County Homeless Continuum of Care Network is required by
federal and state statues to maintain a collaborative process for developing the
Homeless Assistance Grant (HAG) application; evaluate project outcomes funded under
the Emergency Solutions Grant and HAG; ensure the operation of and timely
participation in the HMIS, and utilize ESG and HAG funding to support and implement
an effective prevention and rapid re-housing service delivery system, the member
agencies agree to participate in the functions of the MCHCCN and to follow the
requirements of the By-Laws of the MCHCCN.
Whereas, each member of the Continuum as pertinent agrees to:
• Participate in the HMIS/Service Point system so that data can be submitted to the
Department of Housing and Urban Development and the Michigan State Housing
Development Authority in the manner in which they prescribe; and
• Participate in each Point in Time count as mandated by HUD or as prescribed by the
Continuum of Care; and
Page 1 of 3
• Provide accurate data to the Continuum in a timely fashion as determined by the
Continuum. Accuracy and timeliness of data is understood to be of critical
importance to funding agencies such that failure to provide the data in such a
fashion could result in a loss of funding; and
• Participate in the development and implementation of evidenced based or HMIS
data driven strategies that effectively contribute to preventing and ending
homelessness; and
• Advocate on behalf of the homeless and participate in the Continuum’s Homeless
Awareness activities and in the Homeless Prevention activities; and
• Actively participate in the Continuum’s committees. The member understands that
participation in the Continuum is one of the review criteria establishing priorities for
funding; and
• Act as a liaison with the community at large and with their respective agencies to
provide information about the Continuum’s activities; and
• Participate in the development of the evaluation and selection criteria to determine
priorities for the Continuum; and
• Participate in funding opportunities following state and federal criteria; and
• Work with other agencies in the community to align local, state and federal
resources to develop and support a comprehensive community-based service
delivery system that effectively stabilizes individuals and families in their current
housing; or quickly moves such persons to other permanent housing; or rapidly re-
houses those who have lost their housing. This includes a commitment to reduce the
use of emergency shelter beds as a means of balancing emergency shelter beds
with permanent supportive housing units throughout Muskegon County; and,
• Work with the Continuum to ensure that there are no gaps in service to the
homeless or at risk of homeless population in our community; and
• Work diligently to identify, develop and coordinate interagency service delivery
teams; and,
• Participate in the Consolidated Plan for the geographic area(s) covered by the MCH
CoC Network; and,
• Stay up to date on the latest research and experiential based best practices for the
delivery of relevant services.
II. GUIDING PRINCIPLES
WHEREAS, all parties under this Memorandum of Understanding jointly recognize that
individuals with very low-incomes, and representing the specified target populations, are
diverse in terms of their strengths, motivation, goals, backgrounds, needs and
disabilities;
• those individuals are members of the community with all the rights, privileges,
opportunities accorded to the greater community;
• those individuals have a right to meaningful choices in matters affecting their lives;
and
• input of the individuals shall be sought in designing and implementing services.
Page 2 of 3
III. TERM. This Agreement will begin July 1, 2005, and will continue until terminated
in accordance with Section VII below.
IV. TERMINATION. The partners may terminate their participation with this
Agreement for any reason by giving the other parties ninety (90) days prior written
notice.
V. CONFIDENTIALITY. The partners agree that they will not at any time disclose
confidential information and/or material without the consent of that party unless such
disclosure is authorized by this Agreement or required by law. Unauthorized disclosure
of confidential information shall be considered a material breach of this agreement.
Where appropriate, releases will be secured before confidential information on an
Individual is exchanged. Confidential information will be handled with the utmost
discretion and judgment and in consort with each partner’s confidentiality requirements.
VI. NONDISCRIMINATION. There shall be no discrimination of any Individual on
account of race, color, creed, religion, sex, marital status, sexual orientation, age,
handicap, ancestry or national origin in the operation of the apartments.
VII. SEVERABILITY. In the event any provision of this Agreement shall be found to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect the validity, legality and enforceability of the remainder
of the Agreement.
VIII. AMENDMENTS. This Agreement may be amended only with the mutual written
consent of the partners pursuant to the Muskegon County Homeless Continuum of Care
Network By-Laws.
IX. CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT. The persons
signing this Agreement on behalf of the partners hereto certify by said signatures that
they are duly authorized to sign this Agreement.
______________________________________ _____________________________
Stephen J. Warmington, Mayor
Date Signed: __________________________ _____________________________
Revision Date: August 12, 2010
Page 3 of 3
Commission Meeting Date: October 12, 2010
Date: September 27, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: CDBG Program Administration Agreement- City of
Muskegon/City of Norton Shores
SUMMARY OF REQUEST: The City of Muskegon has contracted with
the City of Norton Shores to administer their Community Development
Block Grant (CDBG) program since 2006. The Agreement to administer
the program was renewed in 2008 and extended to June 30, 2009.
However, although the City of Muskegon has continued to administer
the Norton Shores CDBG program, the Agreement has not been
renewed since that time. Therefore, the attached Agreement is effective
July 1, 2009 and extends through June 30, 2011.
FINANCIAL IMPACT: The City of Norton Shores pays $22,000 a year to
the City of Muskegon to administer their CDBG program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Agreement and
authorize the Mayor and City Clerk to sign.
CDBG Program Administration Agreement
Between the
City of Norton Shores
And
City of Muskegon
An agreement made and entered into this __________ day of __________, 2010, by and between the City
of Muskegon; a Michigan municipal corporation (“Muskegon”), and the City of Norton Shores, a
Michigan municipal corporation (“Norton Shores”), with reference to the following facts;
Background
Norton Shores desires that Muskegon assume responsibilities for the administration of the Norton
Shores’ Community Development and Block Grant (“CDBG”) Program.
Therefore, the parties agree as follows:
1. Administration of CDBG Program. Muskegon agrees to assume responsibility for the
preparation and submission of the following CDBG documents on behalf of Norton Shores:
a. Federal Application 424, narratives, project tables, certifications, Environmental
Summary, Combined Notice of no Significant Findings and Intent to Release Funds.
b. Consolidated Annual Performance and Evaluation Report, publish hearing notice
narratives, reports including performance measures criteria (using CPMP format).
c. Semi-Annual Labor Standard Enforcement Report (form 4710).
d. Contract and Subcontract Activity Report (form 2516).
e. CDBG liens for projects, in accordance with HUD guidelines and regulations, as well
as any other applicable Norton Shores requirements.
f. Preparation of quarterly reports to comply with CAPER, maintaining sub-recipient
contract format for the City of Norton Shores’ contract with the American Red Cross.
Norton Shores shall provide Muskegon with a copy of all forms previously used by Norton
Shores, and Muskegon shall provide a copy of the above reports to Norton Shores upon completion.
2. Terms of CDBG Fund Payments. Muskegon shall submit payment request for release of
CDBG funds to Norton Shores’ Finance Department, and Norton Shores shall remit payment
within 10 days of a payment request by Muskegon.
3. Administration Fee. Norton Shores shall pay Muskegon $22,000 per program year for
administration of CDBG program. Payment shall be made by way of quarterly payments
beginning on July 1, 2010.
4. Terms of the Contract. The parties agree that this contract shall be effective July 1, 2009
through June 30, 2011. In addition, either party may terminate this Agreement at any time,
and for any reason, upon 45 days written notice to the other party. Upon termination of the
contract, Muskegon shall owe Norton Shores a pro rata return of the unearned Administration
Fee paid to date.
5. Building Inspection. Norton Shores’ Building Inspection Department will perform all
inspections for CDBG projects and submit the inspection reports to Muskegon for inclusion
in the relevant project file.
6. Purchasing Guidelines. Muskegon and Norton Shores agree to evaluate the current CDBG
program purchasing guidelines used by Norton Shores and establish a written quotation and
sealed project bid system acceptable to both parties.
7. General Provision.
a. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver
by such party of any other provision of this Agreement.
b. Severability. Should any provision of this Agreement be determined to be invalid,
unlawful, or unenforceable in any respect, the validity, legality, and enforceability of
the remaining provisions shall not in any way be impaired or affected.
c. Assignment or Delegation. Neither party may assign all or any portion of its rights
and obligations in this Agreement without the express prior written approval of the
other party which approval may be withheld for any reason.
City of Muskegon City of Norton Shores
By _____________________________ By _____________________________
Stephen J. Warmington, Mayor Gary Nelund, Mayor
By _____________________________ By _____________________________
Anne Marie Becker, Clerk Lynne A. Fuller, Clerk
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING _____________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: October 4, 2010
RE: West Michigan Metropolitan Transportation Plan (WestPlan) Dues, FY 2011
SUMMARY OF REQUEST:
To approve remittance of the City of Muskegon’s portion of the WestPlan dues for Fiscal Year
2011, payable to West Michigan Shoreline Regional Development Commission. This agency
determines projects and distributes federal transportation funds.
FINANCIAL IMPACT:
$16,040.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve this request.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\WESTPLAN WMSRDC FY2011
Date: October 12, 2010
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Amend Article III of Chapter 74 of the City’s Code of Ordinance
SUMMARY OF REQUEST:
Adopt the proposed amendments to Sections 74-84, 85 & 86 of Chapter 74, Article III of the
City’s Code of Ordinances providing one more option to enforce the repairs and collection of
hazardous sidewalks by billing the owner(s) without creating a special assessment district. This
proposed alterative as, outlined in section 74-86, will help the City deal with hazardous
sidewalks after issuing a notice to the owner and subsequently make the repairs, thus preventing
costly claims.
FINANCIAL IMPACT:
None at this time since the assumption is that the owner of record will be billed for the actual
cost. However, the possibility is there that the owner(s) may default.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the proposed amendments to articles 74-84, 85 & 86 of Chapter 74 of the City’s
Code of Ordinance.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. ____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 74, Article III of the Code of Ordinances of the City of Muskegon, Michigan is
amended by amending sections 74-84 through 74-86 to read as follows:
Sec. 74-84. Authority to assess costs against owner of abutting property.
All hazardous sidewalks in the City right-of-way in the city may be graded,
constructed and repaired, and the expense thereof, except where the work is done by the
owner, agent or occupant of the premises contiguous thereto, shall be recovered as
permitted by Section 74-86.
Sec. 74-85. Notice to owners or occupants of property contiguous to defective
sidewalk.
(a) The city may, in its discretion, give written notice to the owner or the person
or persons listed on the tax rolls that a sidewalk contiguous to a certain property is
defective or in need of repair. The letter shall set a time before which the repair must be
completed by the owner or occupant, and shall inform the addressee that the
specifications for repair and a permit must be obtained from the city.
(b) The notice shall further inform the owner, occupant or person on the tax roll
that the city, after the deadline date has passed, may perform the work and recover the
associated costs thereof, including assessment costs, as permitted by Section 74-86.
Sec. 74-86. Work by city.
If the owner, occupant or person named on the tax roll fails, refuses or neglects to
build, repair, raise, lower or relay the sidewalk within the time specified in the notice, the
city may then cause the work to be done and recover the costs of such by 1) creating a
special assessment and levy such assessment against the property, 2) collecting the cost
from the person or persons listed on the tax rolls as the owner, and/or 3) placing a lien on
the property.
2. This Ordinance is to become effective ten (10) days after adoption.
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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 _______________, 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.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2010, the City Commission of the City
of Muskegon adopted amendments to Chapter 74, Article III of the Muskegon City Code
concerning Sidewalk Improvements, summarized as follows:
1. Section 74-84 is amended to permit the city to recover the costs for sidewalk
repairs as provided by Section 74-86.
2. Section 74-85 is amended to permit the city to provide notice that a sidewalk is
defective or in need of repair and, if not corrected, will be corrected by the City and the costs
shall be recovered as provided by Section 74-86.
3. Section 74-86 is amended to permit the city to recover the costs for sidewalk
repairs by way of a special assessment, pursuing the property owner as indicated on the tax roll
or placing a lien on the property.
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 (10) days from the date of this publication.
Published: _________________, 2010 CITY OF MUSKEGON
By________________________
Ann Marie Becker, MMC
City Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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Date: 10/12/10
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Vehicle Replacement
SUMMARY OF REQUEST: Approval to purchase two 2011Chevrolet Impalas
from Don Rypma Chevrolet.
FINANCIAL IMPACT: $36,920.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of two Chevrolet Impalas
from Don Rypma Chevrolet.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 10/12/10
Re: Budgeted Vehicle Replacement
The Equipment Division has scheduled the replacement of two 2003 sedans for
2010-2011. These vehicles will be used by the Detective Bureau to conduct follow
up investigations, to perform covert operations, for surveillance, and to free up
marked units to perform patrols.
I have requested prices from area dealers as well as the statewide purchasing
contract. Local dealers failed to respond to the bid packages delivered to them.
Attached is a summary of the bids.
In accordance with established purchasing policy, we are requesting permission
to purchase two Chevrolet Impalas from Don Rypma Chevrolet.
1
Equipment Purchase - 2010-2011
Berger Chevrolet Don Rypma
2525 28th S.E 8130 Whitehall Rd.
Type of Vehicle Grand Rapids,Mi 49512 Whitehall,Mi 49461
2 Chevrolet Impalas $18,673.33 $18,460.00
Total $37,347.32 $36,920.00
Date: 10/12/10
To: Honorable Mayor and City Commission
From: DPW
RE: Budgeted Equipment Setup
SUMMARY OF REQUEST: Authorize staff to purchase 5 service bodies from
Arista Truck Systems and 1 plow from Hoekstra Equipment.
FINANCIAL IMPACT: $30,920.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff.
Memorandum
To: Honorable Mayor and Commissioners
From: Brett Kraley
Date: 10/12/10
Re: Budgeted Equipment Setup
The Equipment Division has solicited bids for the setup of recently purchased
equipment. We are requesting permission to purchase 5 utility boxes and 1 snow
plow. The utility boxes are being installed on Water and Sewer Department trucks
and the plow is going on the Water Filtration truck.
The bids for the setup were solicited from Hoekstra Equipment of Grand Rapids,
Arista Truck Systems of Grand Rapids, and Truck & Trailer of Dutton. Muskegon
Brake bid on the snow plow only.
In accordance with established purchasing policy, we are requesting permission to
purchase 5 utility boxes from Aristra Truck Systems and one 8’ poly snow plow
from Hoekstra Equipment.
Hoekstra Arista Truck Systems Truck & Trailer Muskegon Brake
Type of Purchase 280 36th St. 5125 Clay Ave. 6726 Hanna Rd 848 Broadway
Grand Rapids Mi. Grand Rapids Mi. Dutton Mi. Muskegon Mi
Utility Boxes $5,475.00 $5,289.00 $6,674.00
Total for 5 $27,375.00 $26,470.00 $33,370.00
1 8' poly snow plow $4,450.00 $4,750.00 $4,769.96
Date: October 12, 2010
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Merit Network Inc. – METRO Act Permit
SUMMARY OF REQUEST:
Approve the attached permit for Merit Network to install aerial fiber optic facilities
within the City’s right of way and authorize the Mayor & Clerk to sign said permit.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the permit and sign document
COMMITTEE RECOMMENDATION:
Date: October 6, 2010
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: Richards Park License and Management Agreement
SUMMARY OF REQUEST: To approve an agreement with the
Muskegon Conservation District to locate their main office on a portion of
the Richards Park property.
FINANCIAL IMPACT: NONE
BUDGET ACTION REQUIRED: NONE
STAFF RECOMMENDATION:
To approve the agreement and to authorize the Mayor and Clerk to sign the
agreement.
LICENSE AND MANAGEMENT AGREEMENT
THIS LICENSE and MANAGEMENT AGREEMENT is made this ____ day of
______________, 2010, by and between City of Muskegon, a Michigan municipality, of
933 Terrace St., Muskegon, MI 49443 (the “City”) and the Muskegon Conservation
District, a local unit of state government, of 940 Van Eyck Street, Muskegon, MI 49442
(the “District”).
RECITALS
WHEREFORE, the City is the owner of certain real property, commonly referred to as
Richards Charter Park (“the Property”), legally described as:
The part of the South ½ of the Northeast ¼ of the Southwest ¼ of Section
17, Town 10 North, range 16 West, City of Muskegon, Muskegon County,
Michigan; lying Southerly of the North Channel of the Muskegon River;
Easterly of CSX Railroad Right of Way and Westerly of State Highway
US-31 Business Route; ALSO, Lot 1 of Block 545 and that part of Block
545 lying Westerly of State highway US-31 Business Route of the Revised
Plat of 1903 of the City of Muskegon, Muskegon County, Michigan.
WHEREFORE, the Property is a charter park within the park system of the City, located
at the intersection of Ottawa Street and Business Route 31 and Whitehall Road
(adjacent to Causeway Park), consisting of approximately 7.5 acres; and
WHEREFORE, The District desires to locate their main office on the Property to
increase the District’s visibility in the community, highlight the natural resources of the
area; and
WHEREFORE, The District desires to obtain the right to use a portion of the Property
upon which to construct a building and associated infrastructure, not to exceed 3 acres
in size (“the District’s 3 acre footprint”), for purposes of a natural resource facility,
including a central office, indoor & outdoor classroom, natural resource library, and
meeting facilities, parking facilities, and garage / storage facilities; and
WHEREFORE, the City desires to obtain a site manager for the continued maintenance
and stewardship of the Property; and
WHEREFORE, the City desires to transfer some maintenance responsibilities for the
Property to the District; and
WHEREFORE, the District desires to enter into a long-term management agreement of
the Property for natural resource demonstration projects, outdoor recreation
opportunities, civic outreach, and youth / adult programs; and
WHEREFORE, the City desires to grant to the District herein, a license to use a portion
of the Property; and
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NOW THEREFORE, in recognition of their respective legal rights and in consideration
of the mutual promises contained herein, the parties agree as follows:
License granted. The City does hereby grant the District a license to use the Property,
provided the conditions hereinafter set forth are met. This license shall exist for 99
years and only so long as the Property is utilized by the District and this Agreement is
not breached. During this period any structures may be improved to forestall
obsolescence and extend term of agreement.
The City agrees to this license without fee or costs.
Covenants of the District. District shall, during the term of this Agreement, do and
perform the following:
(a) The District shall construct a building that complies with all local, state, and
federal ordinances and regulations; including but not limited to:
1. City of Muskegon building and zoning codes
2. Americans with Disabilities Act (ADA)
3. County Health Department regulations
4. Michigan Department of Environmental Quality permits.
(b) The District shall utilize the building to strengthen natural resource services in
the community by providing technical expertise, civic outreach, youth / adult
programs, and recreational opportunities for the public. Building uses shall
include:
1. Central offices for the District
2. Classroom/Student Exploration Lab for youth / adult education
3. Public Natural Resource Library
4. Meeting/Conference Room(s) for public workshops
5. Outdoor facilities for natural resource activities
(c) The District shall operate the Property and all facilities and collect fees to
offset costs to maintain and manage the Property; including but not limited to
pavilion rentals, site management for special events, and building facility room
rental. The City shall review all established fees for use of the Property’s
facilities located outside the District’s building such as picnic shelter rentals,
launch fees, camping fees, etc.
(d) The District shall operate the Property in compliance with City recommended
hours. Under special circumstances, and with proper prior notice to the City, the
District may operate the Property outside normal operational hours for special
events (e.g., rustic camping).
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(e) The District shall maintain the Property in an acceptable manner, including:
1. Plowing District facility parking lots and sidewalks;
2. Developing and maintaining a native landscape and habitat
management plan for all areas;
3. Mowing designated grass areas with equipment provided by the
City;
5. Picking up and properly disposing of garbage and litter on site;
6. Maintaining a public restroom;
(f) The District shall secure any and all required licenses and permits for the
operation of facilities on the Property.
(g)The District shall provide the City with an annual report of all recreational
activities held on the Property.
(h)The District shall be responsible for all utility charges; and manage and
maintain all utilities inside the 3 acre footprint.
Annexation of Abonmarch Property. In the event that the City annexes any or all of
the property adjacent to Richard’s Park, commonly known as the “Abonmarch Property,”
the annexed property shall become part of the Property to which this agreement
applies.
Improvements. Plans for any and all improvements proposed on the Property outside
the District’s 3 acre footprint must be approved by the City Manager prior to their
construction or addition to the Property. Any and all improvements made to the
Property outside the District’s 3 acre footprint shall be the property of the City. These
improvements may be maintained / managed by the District by amending this
agreement to include specific maintenance / management terms. As feasible, the City
and District shall partner to construct the following public recreation opportunities:
(a) Canoe and kayak launch (non-motorized small boat launch).
(b) Boardwalks and fishing platforms.
(c) Picnic pavilion (including power and water).
(d) Public restroom.
(e) Community gardens and demonstration plots.
(f) Interpretive signage.
(g) Trailhead for public access to bike path.
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Covenants of the City. City shall perform the following activities:
(a) Provide the District with adequate space (3 acres) to construct and maintain a
building and the associated infrastructure for the purposes of, but not limited
to; office space, classroom/large conference room, public natural resource
library. This designated area on the Property shall be provided to the District
for 99 years and only so long as the Property is utilized by the District and this
Agreement is not breached.
(b) The City shall coordinate placement of the building, associated infrastructure,
and other park improvements with the District to ensure activities do not
impact other city/county infrastructure uses on site (sewer, water, gas,
electricity
(c) The City shall maintain all utilities outside the 3 acre District footprint.
(d) The City shall maintain traffic signs and historical marker.
(e) The City shall continue to provide the picnic tables and trash cans as
currently provided on the effective date of this agreement.
(f) The City shall provide public safety for the site.
(g) The City shall snow plow major entrance routes.
(h) The City shall provide and maintain equipment for lawn areas and the District
shall be responsible for mowing the lawn.
Financial Self-Sufficiency. The parties agree that a shared goal is to achieve financial
self-sufficiency for operation of the Property. To that end, the District may establish
permit fees to offset costs to maintain and manage the Property including, but not
limited to, pavilion rentals, site management for special events, and building facility
room rental.
No interest in land conveyed. Nothing in this Agreement shall be deemed to include
or grant any right, title, interest, claim or demand in or to the Property or any
improvements thereon, other than the right to construct, occupy and maintain a natural
resource facility pursuant to the terms and conditions of this Agreement. Any
improvements placed on the Property remain the property of the District and may be
removed from the Property upon revocation of this license by the City.
Hold Harmless and Indemnify. The City is not responsible for any injuries incurred
during construction of the natural resource facility (building, structures, or associated
infrastructure) on the Property, or for any subsequent damage to said building,
structures, or associated infrastructure. The District agrees to indemnify and hold
harmless the City from any claim, loss, expense, damage or liability suffered by the City
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as a result of the construction of the building, structure, or associated infrastructure, on
the Property. The District further agrees to indemnify and hold harmless the City from
any liability incurred during the District’s operations on the Property.
Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality,
and enforceability of the remaining provisions of this Agreement shall not in any way be
impaired or affected.
Binding Effect. This Agreement shall be binding upon, and inure to the benefit of and
be enforceable by, the parties and their respective legal representatives, agents,
employees and/or permitted successors and assigns.
Entire Agreement. This Agreement shall constitute the entire agreement, and shall
supersede any other agreements, written or oral, that may have been made or entered
into, by and between the parties with respect to the subject matter of this Agreement
and shall not be modified or amended except in a subsequent writing signed by the
party against whom enforcement is sought. All contemporaneous or prior negotiations
and representations have been merged into this Agreement.
Amendments. This Agreement may be modified or amended only by written
instrument signed by both parties.
Term. Subject to the termination provision of this agreement and other aforementioned
provisions, it shall commence _______________ and be in effect for 99 years, with an
annual review to facilitate partnership, management, and maintenance of the Property.
Management and Maintenance of the Property outside the District’s 3 acre footprint
shall commence upon occupancy of a building on the Property.
Annual Review. The City and the District will meet annually to discuss the current and
future operation of the Property and to review and plan any future modifications or
improvements to the facility, including the application for grants for the enhancement of
the Property and its facilities.
Insurance. The District shall, at its cost, procure and maintain during the term of this
agreement the following insurance policies, naming the City as an additional insured,
and maintaining policies that provide the City shall receive at least thirty (30) days
notice prior to cancellation:
(a) Comprehensive general public liability insurance single limit in the
minimum amount of $1,000,000.
(b) Motor vehicle liability in the minimum amount of $1,000,000.
(c) Worker’s Compensation Insurance covering all persons deemed to be
employees of the District by law.
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All policies of insurance shall be evidenced by certificates and shall be placed with
insurance companies acceptable to the City and licensed to do business in the State of
Michigan. Said insurance shall be kept in force and new certificates supplied for
substituted or renewed insurance.
Termination. This Agreement may be terminated by the City or District upon furnishing
the non-terminating party written notice of termination not less than ninety (90) days
prior to the effective date of termination, excluding the District’s 3 acre footprint, which
the District may maintain and occupy until said building and infrastructure is not utilized
by the District. The City will compensate the District for any building, structure, and
associated infrastructure, at fair market value, should the city gain control of structures
within the 3 acre District footprint through legal takings (i.e., eminent domain).
In the event the associated management / maintenance outside the District’s 3 acre
footprint is terminated, all access to the facility for vehicles and utilities will continue
without interruption, the area of the license agreement will automatically expand to
include the established access easement and the District shall assume responsibility for
maintenance of said easement.
Governing Law. This Agreement is executed in accordance with, shall be governed
by, and construed and interpreted in accordance with the laws of the State of Michigan.
The parties hereto agree that as a result of their mutual negotiations and
understandings, that any ambiguity shall not be construed automatically against either
party.
Counterparts. This Agreement may be executed in counterparts, and each set of duly
delivered identical counterparts, which includes all signatories, shall be deemed to be
one original document.
Full Execution. This Agreement requires the signature of both parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or
effect and if not fully executed, this Agreement is void.
Non-Waiver. No waiver by any party of any provision of this Agreement shall constitute
a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of this Agreement.
No Reliance. Each party acknowledges that it has had full opportunity to consult with
such legal and financial advisors as it has deemed necessary or advisable in connection
with its decision knowingly to enter into this Agreement. Neither party has executed this
Agreement in reliance on any representations, warranties, or statements made by the
other party hereto other than those expressly set forth herein.
Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, the District shall not assign all or any portion of its rights and obligations
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contained in this Agreement without the express prior written approval of the City, which
approval may be withheld at the City’s sole discretion.
Venue. The parties agree that for purposes of any dispute in connection with this
agreement, the Muskegon County Circuit Court shall have exclusive personal and
subject matter jurisdiction and venue.
Terms. Nouns and pronouns will be deemed to refer to the masculine, feminine,
neuter, singular and plural, as the identity of the person or persons, firm or corporation
may in the context require.
Fax or Electronic Signatures. The parties have agreed that electronic or fax copies of
the signed Agreement shall constitute a valid, enforceable agreement. Each party will
mail originals to the respective party upon their execution of this Agreement.
Notices. Any notice that either party may give or is required to give under this
agreement shall be in writing and, if mailed, be effective three days after being sent by
U.S. Mail with adequate postage, addressed to the other party at the other party's
address set forth in this Agreement or at any other address that the other party provides
in writing. Notices shall be effective on the date of receipt, if given by hand, express
delivery or recognized courier service.
RECEIPT OF A COPY OF THIS CONTRACT IS ACKNOWLEDGED BY THE CITY OF
MUSKEGON AND THE MUSKEGON CONSERVATION DISTRICT.
This Agreement was entered into on the date set forth above.
BY:
City of Muskegon, Muskegon Conservation District, a local unit
a Michigan municipal corporation of State government
_________________________ ________________________________
Stephen J. Warmington, Mayor E. Paul Schroeder, Chair
__________________________ ________________________________
Ann Marie Becker, MMC, Clerk Joseph Hill, Secretary
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Date: October 12, 2010
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Consideration of 2011 COLA for Retirees
SUMMARY OF REQUEST: It is time to consider whether an annual cost of living
adjustment (COLA) should be awarded to city retirees. Under the city’s COLA program,
permanent cost of living increases are made to pensioners retired five years or more. COLA
payments are capped at 75% of the CPI and are payable only when investment performance
exceeds estimates and the COLA is deemed affordable. The last COLA was in 2009, when
a 0.50% COLA was granted.
The collapse of the financial markets in late 2008 continues to take a big toll on the City’s
pension funds as noted in the most recent actuarial valuation:
“If the December 31, 2009 valuation results were based on market value on that date instead of 10-
year smoothed funding value: i) the funded percent of your entire municipality would be 79%
(instead of 99%); and ii) your total employer contribution requirement for the fiscal year starting
July 1, 2011 would be $4,165,116 (instead of $1,152,252). If the investment markets do not fully
make up for the 2008 losses, employer contribution requirements can be expected to rise. MERS
continues to do everything it can to make sure that if this proves to be the case, the increases are
incremental as opposed to steep.”
Given the unprecedented economic and investment environment we are in and the severe
market losses suffered by the City’s pension funds, staff recommends no retiree COLA be
awarded for the year beginning January 1, 2011.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Commission action affirming staff’s recommendation
that no COLA increase be granted to City retirees in 2011.
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