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CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 11, 2012
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. Marsh Field Management Agreement. PUBLIC WORKS
C. Truck Mounted Jet Rodder (Jet Truck). PUBLIC WORKS
D. Request to Deny & Accept Properties that did not Sell During the Tax
Sale for 2012. PLANNING & ECONOMIC DEVELOPMENT
E. Approval of Purchase of 1282 Fleming and Sign a Memorandum of
Understanding with Trinity Housing Non-Profit Corporation for the
Transfer. COMMUNITY & NEIGHBORHOOD SERVICES
F. Approval of the Bid Proposal of Blackberry Window and Door Systems
at 1500 Leahy. COMMUNITY & NEIGHBORHOOD SERVICES
G. Fleet Vehicle Replacement. PUBLIC WORKS
H. Fireworks Delegation of Authority Authorization. PUBLIC SAFETY
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
A. Rezoning Request for the Property Located at 137 E. Laketon Avenue –
SECOND READING. PLANNING & ECONOMIC DEVELOPMENT
NEW BUSINESS:
A. Approval of Sale of City-Owned Home at 451 E. Isabella. COMMUNITY
& NEIGHBORHOOD SERVICES
B. Approval of Sale of City-Owned Home at 605 Jackson. COMMUNITY &
NEIGHBORHOOD SERVICES
C. Approval of Sale of City-Owned Home at 1733 Manz. COMMUNITY &
NEIGHBORHOOD SERVICES
D. Appointment to County of Muskegon Port Advisory Committee.
MANAGER
E. Wheel Loader. PUBLIC WORKS
F. User Fees. 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 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.
Date: December 11, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the November 27th
City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 27, 2012
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, November 27, 2012.
Mayor Gawron opened the meeting with a prayer from Reverend Bill Freeman from
the Harbor Unitarian Universalist Congregation after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro, Commissioners:
Byron Turnquist, Lea Markowski, and Eric Hood: City Manager Bryon Mazade, City
Attorney John Schrier, and City Clerk Ann Cummings. Excused: Commissioners Sue
Wierengo and Willie German
2012-86 HONORS AND AWARDS:
A. Recognition JAAR Partnerships Participation in the “GOOD BUDDY BUCKS”
Program. PUBLIC SAFETY
Chief Jeffrey Lewis presented a Resolution for Recognition of JAAR Partnerships
participation in the “Good Buddy Bucks” Program
B. Recognition of Fall 2012 Citizen’s Academy Graduates. PUBLIC SAFETY
Chief Jeffrey Lewis presented a Resolution for Recognition of fall 2012 Citizen’s
Academy Graduates.
2012-87 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the November 13th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. State of Michigan Resource Management Fees. PUBLIC WORKS/WATER
FILTRATION
SUMMARY OF REQUEST: Staff is requesting Commission to authorize payment to
Michigan Department of Environmental Quality $9,994.43 for State of Michigan
Resource Management Fees.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize payment to the State of Michigan for
$9,994.43 used to cover the Michigan Public Water Supply fee.
C. Moratorium on Fees for 2013 Vacant Buildings. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to approve a moratorium on fees charged to owners
of vacant buildings that are entering their fifth year billing cycle in 2013. Eligibility
requirements for the moratorium of fees charged are proposed to remain the same as
the 2012. Moratoriums would be determined based on the criteria included on the
Vacant Building Registration Moratorium (this remains unchanged from last year).
FINANCIAL IMPACT: Exact amount unknown but should be minimal.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a fee moratorium for vacant building invoices
meeting the approved criteria.
D. Extension of Vinyl Siding Supplier and Installer Contract for Fiscal Year 2012.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To authorize the Community and Neighborhood Services
Department to extend the contract through June 30, 2013 to Keene Lumber, located
at 346 W. Laketon Avenue, Muskegon, MI, for the balance of 2012 fiscal year.
To authorize Community and Neighborhood Services to extend the contract through
June 30, 2013 to Mark N. Tucker, LLC, 9121 Holton Road, Holton, MI, to install vinyl siding
for the balance of 2012 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2012 Community Development
Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: FY 2012 Balance remaining $45, 749.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program was
approved by the Commission during the 2011-2012 allocation period, which would
end November 2012; our request is to extend this agreement until June 30, 2013.
E. To Impose a Ten-Year Limit on Applying for Priority Housing Repairs and
Approve Clerical Changes to Citizen Participation Plan. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To authorize Community and Neighborhood Services to
impose a ten-year limit on applying for a Priority Housing Repair project and Vinyl
Siding being a one-time activity. In addition, approve the clerical changes to the
Citizen Participation Plan per CDC approval.
FINANCIAL IMPACT: This will stretch our CDBG Funding for the Priority Housing Repair
program to include families with housing needs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The proposal has already been approved by the
Citizen’s District Council at their November 8, 2012 meeting.
F. Rezoning Request for the Property Located at 137 E. Laketon Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 137 E. Laketon Avenue from
B-2, Convenience and Comparison Business District to B-4, General Business District, by
Jack Kennedy.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their November 15th meeting.
Motion by Commissioner Turnquist, second by Vice Mayor Spataro to accept the
Consent Agenda as presented.
ROLL VOTE: Ayes: Hood, Gawron, Spataro, Turnquist, and Markowski
Nays: None
Excused: German and Wierengo
MOTION PASSES
2012-88 NEW BUSINESS:
A. Temporary Employment Services Provider RFP. AFFIRMATIVE ACTION
SUMMARY OF REQUEST: Approval to allow staff to negotiate the 2013-2015 temporary
employment services provider contract with the lowest responsible bidder, Elwood
Staffing Services, contingent upon working out agreement terms acceptable to the
City Manager and City Attorney.
RFP solicitation resulted in four proposals, due on October 30, 2012 at 2:00 p.m.
Proposals were received from:
P.I.E. Management, LLC; 120 N. Washington Square, Suite 805, Lansing, MI 48933
Elwood Staffing Services, 230 North River, Suite B, Holland, MI 49424
Phoenix Personnel, 1910 E. Apple Avenue, Muskegon, MI 49442
Trillium Staffing Solutions, 1478 E. Ellis Road, Norton Shores, MI 49444
A committee consisting of managers and users reviewed proposals, listened to
presentations, and interviewed the following two lowest bids:
P.I.E. Management, LLC. While the low bidder, P.I.E. Management, LLC has no
presence in West Michigan, and lacks the experience filling many of the needed
positions listed in the RFP. The company did not provide adequate verification that
their insurance company would not deny any of the positions at the rates he quoted,
and did not follow up with staff regarding said questions.
Elwood Staffing Services (formerly Beacon Staffing) has been the City’s temporary
services provider for the past four years. The company has established an excellent
working relationship with City staff and has provided exceptional service throughout
their contract in terms of flexibility, responsiveness, hiring, orientation process, reporting,
and commitment to equal employment opportunity. Elwood remains fully prepared
to handle all of the City’s temporary employment staffing needs except the optional
position of part-time police officer.
FINANCIAL IMPACT: The 2013 projected temporary staffing services cost is
approximately $875,000.
BUDGET ACTION REQUIRED: The 2013 budget allowed for the financial resources.
STAFF RECOMMENDATION: Staff recommends and requests approval to negotiate the
2013-2015 temporary employment staffing services contract with the lowest
responsible bidder, Elwood Staffing Services, contingent upon working out agreement
terms acceptable to the City Manager and City Attorney.
COMMITTEE RECOMMENDATION: The committee unanimously recommends granting
approval to negotiate the 2013-2015 temporary employment staffing services contract
with Elwood Staffing Services.
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve staff to
negotiate the 2013-2015 temporary employment staffing services contract with Elwood
Staffing Services, contingent upon working out agreement terms acceptable to the
City Manager and City Attorney.
ROLL VOTE: Ayes: Spataro, Turnquist, Markowski, Gawron, and Hood
Nays: None
Excused: German and Wierengo
MOTION PASSES
B. Former Central Fire Station – Purchase Agreement Between the City of
Muskegon and Parkland Muskegon. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Jon Rooks of Parkland Muskegon would like to purchase the
former Central Fire Station at 75 W. Walton from the City of Muskegon. Mr. Rooks plans
to make at lease $100,000 in improvements to the facility within the first 24 months of
ownership. He agrees to move his corporate headquarters into the building by June 1,
2013. In addition, he will be leasing out commercial space for other users within the
facility.
FINANCIAL IMPACT: Although the purchase price for the building is minimal, the
building and its occupants will generate taxes for the City in the future.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Purchase Agreement between the City of
Muskegon and Parkland Muskegon and authorize the Mayor and Clerk to sign all
necessary documents, including closing documents at the time of sale.
Motion by Vice Mayor Spataro, second by Commissioner Turnquist to approve the
Purchase Agreement between the City of Muskegon and Parkland Muskegon and
authorize the Mayor and Clerk to sign all necessary documents, including closing
documents ant the time of sale.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, and Spataro
Nays: None
Excused: German and Wierengo
MOTION PASSES
2012-89 ANY OTHER BUSINESS:
Motion by Commissioner Turnquist second by Commissioner Hood to continue Senior
Transit through June 30, 2013.
Discussion ensued.
Motion by Vice Mayor Spataro, second by Commissioner Markowski to table
discussion until the December 10, 2012 Worksession.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, and Spataro
Nays: None
Excused: German and Wierengo
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:17pm.
Respectfully submitted
Ann Marie Cummings, MMC
City Clerk
Date: December 6th, 2012
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Fireworks Delegation of Authority Authorization
SUMMARY OF REQUEST:
The Director of Public Safety requests that the City Commission review and authorize
the “Fireworks Delegation of Authority Authorization Pursuant to PA 256”.
The Bureau of Fire Services is seeking for departs that are interested in applying for
inspection delegation for consumer fireworks sales facilities (CFRS) under Section 19
of 2011 PA 256. The delegation is for one (1) year. The fire department would be
responsible to conduct inspections of the permanent & temporary CFRS location
within its jurisdiction (City of Muskegon). Entities (MUFD) that elect to have
delegation will receive 80 % of the application fee paid for the consumer fireworks
certificate ($800.00 for permanent & $480.00 for temporary).
Currently MUFD has two (2) trained “certified fire inspectors” that are qualified to
perform this job task. Application will be made upon the acceptance by City
Commission.
FINANCIAL IMPACT:
Positive financial impact as fees are paid to conduct inspections
BUDGET ACTION REQUIRED:
N/A
STAFF RECOMMENDATION:
Staff recommends approval to perform delegation inspections.
CITY OF MUSKEGON
RESOLUTION
WHEREAS, the City of Muskegon finds it necessary to conduct Fireworks
delegation of Authority Authorization Pursuant to PA 256;
and
WHEREAS, the City of Muskegon will conduct fireworks inspections
within its jurisdiction and/or perform said inspection(s) upon
request(s) per mutual aid; and
WHEREAS, the inspections will generate fees to the City of Muskegon
($800.00 permanent structure - $480.00 temporary)
NOW THEREFORE BE IT RESOLVED that the City Commission
authorizes the Muskegon Fire Department certified inspectors to
perform Fireworks Delegation Inspections as stated.
Signed this 11th day of December 2012.
________________________________
Stephen J. Garwon
Mayor
Planning Commission packet excerpt:
BACKGROUND
1. The applicant will be purchasing 109 and 137 E Laketon Ave. Both properties are zoned B-2,
Convenience and Comparison Business District. He would like to rezone the property at 137
E Laketon Ave to B-4 General Business district so that it may be used for a funeral home.
There currently any plans for the building at 109 E Laketon Ave.
2. The property at 137 E Laketon Ave was last used as a physical therapy office. Before that, it
was used as a funeral home.
3. This case is only for the rezoning of the property to B-4, General Business District. If
approved, the property would be allowed to all of the uses in that district, which includes
funeral homes. However, because it will be a change of use from office to funeral home, it
will require a minor site plan review from staff. Parking may become an issue during the
review. Funeral homes require one parking space for every 25 sqft of usable floor area of
chapels and assembly rooms. The building measures roughly 2,900 sqft. The applicant has
stated that the two properties will share parking and will be able to have 32 parking spaces.
4. The hospital is located to the north of the property. Residential is to the east and south.
Marsh field is located to the west of 1009 E Laketon Ave.
5. A notice letter was sent to all properties within 300 feet of this property. Staff has received
one message in opposition of the rezoning from Maria Avila, owner of 1847 Hoyt. She
would not like a funeral home that close to her house.
137 E Laketon Ave looking east
2
Zoning Map
Aerial Map
3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for a
property from B-2, Convenience and Comparison Business District to B-4, General Business
District.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for the following
described property from B-2, Convenience and Comparison Business District to B-4, General
Business District.
CITY OF MUSKEGON PLAT A MUSKEGON HTS LOT 1 & N 10 FT LOT 2 BLK 4
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Cummings, MMC
City Clerk
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CERTIFICATE (Rezoning of 137 E Laketon Ave from B-2 to B-4)
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 27th day of November, 2012, 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 Zoning 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: ___________________, 2012. ________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
5
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 27, 2012, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning for the property
from B-2, Convenience and Comparison Business District to B-4, General Business District:
CITY OF MUSKEGON PLAT A MUSKEGON HTS LOT 1 & N 10 FT LOT 2 BLK 4
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 ____________________, 2012 CITY OF MUSKEGON
By ___________________________
Ann Cummings, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
6
Commission Meeting Date: December 11, 2012
Date: December 3, 2012
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Sale of City-owned home at 451 E Isabella
SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Mr. Joseph R Kieft, for the totally rehabilitated home at
451 E Isabella. Mr. Kieft will purchase it for $37,500.
This is a property that was under the Lease with Option to Buy Program 5
years ago.
FINANCIAL IMPACT: The proceeds from the sale will be used against the
HOME Program deficit.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
Commission Meeting Date: December 11, 2012
Date: December 3, 2012
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Sale of City-owned home at 605 Jackson
SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Madra Bolden for the newly constructed home at 605
Jackson, which is part of the City’s Neighborhood Stabilization Program (NSP)
through the Michigan State Housing Development Authority Office of
Community Development and Leverage funds with the HOME Program by
HUD. Ms. Bolden is expected to receive a VA Loan for $65,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to complete the
rehabilitation of 1500 Leahy St., our final NSP 1 project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
Commission Meeting Date: December 11, 2012
Date: December 3, 2012
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Sale of City-owned home at 1733 Manz
SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Eddie & Tanesha Blake for the newly rehabbed home at
1733 Manz Street, which is part of the City’s Neighborhood Stabilization
Program (NSP) through the Michigan State Housing Development Authority
Office of Community Development. Mr. and Mrs. Blake’s purchase price is
$37,500.
FINANCIAL IMPACT: The proceeds from the sale will be used to complete the
remaining NSP project at 1500 Leahy St.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.