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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 24, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
A. Presentation by Lake Hawks.
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. SECOND READING: Amendment to the Mobile Food Vending
Ordinance. CITY CLERK
C. SECOND READING: Amendment to the Special Event Parking
Downtown Ordinance. CITY CLERK
D. SECOND READING: Amendment to the Licensing Ordinance. CITY
CLERK
E. SECOND READING: Amendment to the Zoning Ordinance. PLANNING
& ECONOMIC DEVELOPMENT
F. SECOND READING: Lakeshore Smartzone LDFA – Plan Amendment.
PLANNING & ECONOMIC DEVELOPMENT
G. New Special Event Request – “Standup for the Cure” Stand-up
Paddleboard Event & Expo – July 11, 2015. PLANNING & ECONOMIC
DEVELOPMENT
H. Contract for Demolition at 1716 Sanford. COMMUNITY &
NEIGHBORHOOD SERVICES
I. Resolution in Support of Proposal 1 for Safer Roads. CITY MANAGER
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Bella Dawg Concession Contract for City of Muskegon Parks. PUBLIC
WORKS
□ 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: March 19, 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 the consent agenda, we are asking the Commission to approve:
a. Last meeting’s minutes.
b. Second of the mobile food vending ordinance.
c. Second reading of the special event parking ordinance.
d. Second reading of the licensing ordinance.
e. Second reading of the amendment to the zoning ordinance.
f. Second reading of the Smart Zone LDFA Plan amendment.
g. A new special event request called “Stand up for the Cure.” This is a paddleboard event
that will also have a vendor component. It is planned for Harbor Towne Beach. The
applicant is requesting the ability to sell alcohol at the beach.
h. The demolition contract for 1716 Sanford. There is a chance that this is removed from the
agenda, as we are seeking clarification from one bidder re: asbestos abatement.
i. This resolution will offer the Commission’s support of Proposal 1 as a way to raise funds for
road improvements. A number of communities have passed similar resolutions, and the
MML has urged more communities to do so. This support resolution will be consistent with
our recent efforts to support new funding for local street infrastructure. Upon complete
implementation, this change would generate approximately $2 Million more in local street
revenue for Muskegon.
2. Under Hearings/Other/New Business we have four topics for discussion:
a. Approval of the contract with Bella Dawg Concessions for operation at Pere Marquette
Park. The main change in this contract is the allowing of the concession stand to locate
within 50 feet of our brick/mortar concession building.
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: March 24, 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 March 9th
Commission Worksession Meeting, and the March 10th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
March 9, 2015
City Commission Chambers
5:30 PM
MINUTES
2015-14
Present: Commissioners German, Hood, Rinsema-Sybenga, Gawron, Johnson, Turnquist, and
Spataro.
Absent: None.
Presentation for P.I.L.O.T. - Berkshire Muskegon.
Frank Peterson, City Manager, announced the city just received notification from MSHDA that
the site has not been approved. Josh Hafron, of General Capital Group, 212 W. Kinsey, Chicago,
IL thanked city staff for their hard work and indicated they would like to find another site in the
downtown area to host a 65 to 75 unit project.
Second Quarter 2014-15 Budget Reforecast.
Staff is transmitting the Second Quarter 2014-15 Budget Reforecast which outlines proposed
changes to the budget that have come about as a result to changes in revenue projections, policy
priorities, labor contracts, updated economic conditions, or other factors.
Derrick Smith, Finance Director, reviewed the second quarter proposed adjustments to the
budget.
This item will be on the March 9, 2015 Commission Meeting for consideration by the
Commission.
Business Improvement District (BID) Resolution.
The Commission is asked to consider adopting a resolution establishing a Business Improvement
District. The boundaries are outlined in the map provided. It is also requested the Commission
establish the board with the following recommended individuals:
Amanda Garabedian – First General Credit Union (121 W. Western Ave.)
Bruce Lindstrom – BellaBay Realty (587 W. Western Ave.)
Justin Clark - Frontier (860 Terrace St.)
Doug Pollock – Parkland Properties/Holiday Inn (939 3rd St.)
Gary Post – Port City Construction Western Ave. Properties LLC (350 W. Western Ave)
Bob Tarrant – Hume Properties LLC (900 3rd St.)
City Manager – City of Muskegon
Jonathan Seyferth, of Downtown Muskegon Now, gave an overview of the proposed BID. A
letter was sent to 130 property owners last week explaining the proposal and he has been
answering questions from those individuals. This does not impact residential property owners.
This item will be on the March 9, 2015 Commission Meeting for consideration by the
Commission.
Any Other Business
Commissioner Johnson questioned the proposed Mobile Food Vendor ordinance amendment and
if fees should be lowered for food vendors who do not own another restaurant in the City of
Muskegon.
Vice Mayor Spataro and Frank Peterson, City Manager, indicated it is a tool to give
entrepreneurs the opportunity to try a food business in downtown and decide if they would like
to open a brick and mortar business in the City.
Frank Peterson asked if the Commission is interested in purchasing more tickets for the Lake
Hawks game for the three additional games during play-offs for $2500 which does include airing
all three games on our government access channel. This will be considered at the March 9, 2015
Commission Meeting.
Commissioner Johnson asked staff what the latest information from Bike Time is?
Jonathan Seyferth and staff did have a meeting with Bike Time. It is unknown who will formally
put in the request to close Western. If the businesses do so, Downtown Now will probably
submit it. The other scenario is a partnership with Bike Time. It will more than likely be a
smaller area being closed for fewer days.
Adjournment.
Motion by Commissioner Hood, seconded by Vice Mayor Spataro to adjourn at 6:53 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 10, 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, March 10, 2015.
Mayor Gawron opened the meeting with prayer from Pastor Marcy Miller from
Samuel Lutheran Church after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Ken Johnson, Eric Hood, Willie German, and Dan Rinsema-
Sybenga, City Manager Franklin Peterson, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
Absent: Commissioner Byron Turnquist (excused)
2015-15 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the February 9th Commission
Worksession Meeting, the February 10th City Commission Meeting, and the
February 20th Goal Setting Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. SECOND READING: Amendment to the Rental Property Ordinance.
PUBLIC SAFETY
SUMMARY OF REQUEST: Two small amendments are needed to the recently
adopted Rental Property Ordinance. The requirement for an ID was
inadvertently removed from sec. 10-351(e)(6) and has been added to this
version.
Section 10-351(f)(2) states the insurance policy must be on file in the Clerk’s
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Office making it more cumbersome on the customer to visit two offices. Under
the proposed language, a copy of the insurance policy can be collected by
Safebuilt or another City designee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the Ordinance as presented.
C. Light Fixtures Replacement at Public Service Building through
Consumers Energy. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with
Consumers Energy to provide 56 light fixtures as described in the proposed
agreement, installation is not included, for a price of $9,173.67 to replace the
outdated fixtures we currently have as part of our continued efforts for energy
conservation.
The proposed lights and an estimated $5,700 in incentives (rebate and made in
Michigan) upon installation from Consumers Energy would result in an estimated
payback of less than a year.
FINANCIAL IMPACT: The initial purchase cost of $9,173.67; however, the net cost,
upon receiving the rebate/incentive, is estimated at $3,500 plus a possible
installation cost of $2,000 if time did not allow for in-house installation.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Consumers Energy to provide the light fixtures.
D. Coagulant Mixer. WATER FILTRATION
SUMMARY OF REQUEST: Authorize staff to purchase a coagulant mixer for the
Water Filtration Plant from the lowest responsible bidder, Mastrrr Company.
FINANCIAL IMPACT: $23,950.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends acceptance of bid from Mastrrr
Company for $23,950.
E. Gaming License – MOKA. CITY CLERK
SUMMARY OF REQUEST: MOKA has recently moved into the City of Muskegon
and is requesting to be recognized as a 501(c)3 for a gaming license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
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G. Amendment to the Mobile Food Vending Ordinance. CITY CLERK
SUMMARY OF REQUEST: In 2014 the City adopted a Mobile Food Vending
Ordinance. Staff encountered no issues and received no complaints. Staff
believes mobile food vending units are a benefit to our City and downtown and
would like to encourage more participation.
We are requesting to amend the ordinance to (1) change the amount of time a
mobile food vending truck may stay in one place from 15 minutes to 30 minutes
without a permit; and (2) change the distance a mobile food vending service
may be parked within an existing brick and mortar restaurant from 150 feet to 50
feet.
Further, to encourage more participation, we are asking to lower the permit fees
from $300 a unit, $150 for existing restaurants in the City of Muskegon, and $50
for restaurants in the Downtown Development area to be changed from a
monthly fee to an annual fee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance amendment and update
the fee schedule as indicated.
(REQUIRES SECOND READING)
H. Amendment to the Special Event Parking Downtown Ordinance. CITY
CLERK
SUMMARY OF REQUEST: In 2014 the City adopted a Special Event Parking
Downtown Ordinance to require businesses to offer public restrooms during
special events. Once it was implemented for a season, we were able to ask for
input from those businesses it impacted.
Based on the feedback, staff is requesting to modify the ordinance to remove
the requirement the first port-a-jon be an ADA accessible facility and include a
hand washing unit. Staff is also requesting to change the language to indicate
public restrooms be available within 100 feet of the parcel.
Staff is also requesting the fee schedule be changed to indicate no permit is
needed for those parking under 50 vehicles and offering an annual permit of
$125. A $50 per event fee will still be offered to those businesses who wish to pay
a per event fee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance amendment and update
the fee schedule as indicated.
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(REQUIRES SECOND READING)
I. Amendment to the Licensing Ordinance. CITY CLERK
SUMMARY OF REQUEST: This is a request to amend ordinance 50-2, Licensing,
Penalties and Remedies. Staff is asking to revise the ordinance to state property
owners are also subject to a municipal civil infraction if any of the provisions of
the ordinance are violated.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance amendment.
(REQUIRES SECOND READING)
K. City – MDOT Agreement for Traffic Signal Upgrades at Sherman and
Glenside. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the traffic signal
upgrades at Sherman and Glenside 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 $102,343. The estimated total construction cost is $131,000 plus
engineering cost. Also, the City of Roosevelt Park has committed participation
of 25% of local share.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
L. City – MDOT Agreement for the Reconstruction of Getty Street, Evanston
to Apple Avenue (M-46). ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction
of Getty Street from Evanston to Apple and approve the resolution authorizing
the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: The State’s participation is limited to 54% of the cost and
capped at $375,000 with the estimated $400,000 remaining cost, including
engineering, is the City’s responsibility.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
M. Construction Engineering Services – Sherman and Glenside Traffic
Signal. ENGINEERING
4
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Fleis & Vandenbrink out of Muskegon to perform the necessary
construction engineering for the Sherman and Glenside traffic signal upgrade.
Fleis & Vandenbrink was selected via verbal contracts with local consultants
seeking their interest which included Westshore Engineering and Johnson
Anderson.
FINANCIAL IMPACT: Estimated cost of $18,300.
BUDGET ACTION REQUIRED: None at this time; however, some adjustments
might have to be made as a result of the bids which are expected in early
March.
STAFF RECOMMENDATION: Authorize staff to enter into an engineering services
agreement with Fleis & Vandenbrink.
N. Lake Hawks. CITY MANAGER
SUMMARY OF REQUEST: Staff is requesting permission for the City Manager to
allocate up to $2,500 to continue efforts to provide and encourage recreational
opportunities for local youth. Funds would be used to purchase tickets to the
ABA District Final Four being held at Muskegon High School and pay for
television broadcasting the three game event. The tickets would be distributed
to the community with a focus on youth.
FINANCIAL IMPACT: $2,500.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
O. Community Relations Committee Recommendations. CITY CLERK
SUMMARY OF REQUEST: To concur with recommendations from the Community
Relations Committee:
Accept the resignation of Dave Mayville from the Historic District Commission
and appoint Andrea Riegler in his place as Architect.
Appoint to the Equal Opportunity Committee Diane Murray-McKinley for Ward 1;
Debra Warren for Ward 3; Kortney Williams for Ward 4; and Rosie Buchanan and
Lisa Chalko for At-Large.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the appointments.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the appointments at their March 9, 2015, meeting.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
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the Consent Agenda as read with the exception of Items F and J.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, Spataro, and
German
Nays: None
MOTION PASSES
2015-16 ITEMS REMOVED FROM THE CONSENT AGENDA:
F. Business Improvement District (BID) Resolution. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: We are requesting the resolution be adopted
establishing a Business Improvement District. The boundaries are outlined in the
map. It is also requested the Commission establish the board with the following
recommended individuals:
Amanda Garabedian – First General Credit Union (121 W. Western Ave.)
Bruce Lindstrom – BellaBay Realty (587 W. Western Ave.)
Justin Clark – Frontier Communications (860 Terrace St.)
Doug Pollock – Parkland Properties/Holiday Inn (939 3rd St.)
Gary Post – Port City Construction/Western Ave. Properties LLC (350 W.
Western Ave.)
Bob Tarrant – Hume Properties LLC (900 3rd St.)
City Manager – City of Muskegon
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the resolution as presented.
Motion by Vice Mayor Spataro, second by Commissioner German to adopt the
resolution to implement the Business Improvement District as presented.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
J. Amendment to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend the zoning ordinance
to allow amusement and recreational facilities, including indoor and outdoor
sports fields in B-2, Convenience and Comparison Business districts.
FINANCIAL IMPACT: None.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their special meeting in February.
Motion by Commissioner Johnson, second by Commissioner German to amend
the zoning ordinance to allow amusement and recreational facilities, including
indoor and outdoor sports fields in B-2, Convenience and Comparison Business
districts.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
(REQUIRES SECOND READING)
2015-17 PUBLIC HEARINGS:
A. Lakeshore Smartzone LDFA – Plan Amendment and Public Hearing.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon Local Development Finance
Authority (LDFA) and City Commission approved The Lakeshore Smartzone Local
Development Finance Authority and Tax Increment Financing Plan (“Plan”) in
2002. The State of Michigan recently provided the opportunity to extend the Tax
Increment Finance (TIF) capture for an additional five years, if the Smartzone
LDFA Plans are amended to include additional projects, job creation,
cooperation with other regional entities, and/or additional reporting. As this
additional five years of TIF capture will assist the City in paying back the bonds
that were issued for development of the MAREC facility, an amendment to the
Plan was prepared. The amendment was approved by the LDFA and the Plan
has been forwarded to the City Commission, where a public hearing is to be
held.
FINANCIAL IMPACT: The additional five years of tax capture will allow for the
generation of approximately $175,330 in revenues from school taxes (in addition
to the $331,035 generated from local taxes).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: That the City Commission hold the public hearing
and approve the resolution amending the Plan.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
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Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
close the Public Hearing and approve the resolution amending the Plan.
ROLL VOTE: Ayes: Rinsema-Sybenga, Johnson, Gawron, Hood, Spataro, and
German
Nays: None
MOTION PASSES
(REQUIRES SECOND READING)
B. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 21,
2015, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Hood, second by Commissioner Rinsema-Sybenga to
close the Public Hearing and approve the resolution with Dreamers being
removed.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Johnson, and
Gawron
Nays: None
MOTION PASSES
2015-18 NEW BUSINESS:
A. PILOT – General Capital Acquisitions, LLC. PLANNING & ECONOMIC
DEVELOPMENT
REMOVED PER REQUEST OF STAFF.
B. Second Quarter 2014-15 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter 2014-
15 Budget Reforecast which outlines proposed changes to the budget that have
8
come about as result of changes in revenue projections, policy priorities, labor
contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: Significant second quarter proposed adjustments to the
budget are as follows:
• General Fund revenues are reforecast to be $1,248,426 lower than the
first quarter reforecast. This decrease is primarily due to moving
$1,168,300 in anticipated grants revenue for the Veterans Park
improvements from the general fund to the state grants fund. In
addition, due to revised state estimates, revenue sharing is projected to
be $155,752 lower than the original budget.
• General Fund expenditures are estimated to be $1,096,409 lower than
the first quarter reforecast. This decrease is largely due to moving the
Veteran’s Park capital project to the state grants fund. The DDA will
require a subsidy of $70,000 from the general fund for the current year’s
debt service as TIF revenue has declined due to tax appeals.
• There are a number of changes proposed for capital projects and
include:
♦ In the General Fund, Veteran’s Park upgrades project was moved to
the state grants fund. Pere Marquette Park playground equipment
project reduced from $20,000 to $15,000 for the current fiscal year.
♦ In the Major Streets Fund, proposed projects are now $3,247,000
compared to $6,825,000 as projected in the first quarter, largely due to
the timing of projects.
♦ In the Public Improvement Fund, the proposed beach warning system
has been eliminated.
♦ In the State Grants Fund, $1,168,300 has been included for the
Veteran’s Park capital project which is funded primarily by grants.
♦ In the Equipment Fund, capital items have been adjusted to reflect
revisions of needs versus available resources.
BUDGET ACTION REQUIRED: City Commission approval of this reforecast will
formally amend the City’s 2014-15 budget.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Second Quarter 2014-15 Budget Reforecast.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
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ADJOURNMENT: The City Commission Meeting adjourned at 6:48 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
10
Commission Meeting Date: March 10, 2015
Date: March 3, 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 the zoning ordinance to allow amusement and
recreational facilities, including indoor and outdoor sports fields in B-2,
Convenience and Comparison Business districts.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the request at their
special meeting in February.
CITY OF MUSKEGON
PLANNING COMMISSION
SPECIAL MEETING
STAFF REPORT
February 25, 2015
Hearing, Case 2014-04: Staff initiated request to amend the zoning ordinance to allow amusement and
recreational facilities, including indoor and outdoor sports fields in B-2, Convenience and Comparison
Business districts.
STAFF OBSERVATIONS
1. Staff has received requests for these types of businesses in the past for certain locations in different
business districts throughout the city. These include sports fields, indoor skate parks and bounce
houses.
2. Currently, the only business districts these types of uses would be allowed in would be in B-3 and B-
4 districts, under a Special Use Permit.
3. Staff feels that these types of uses are compatible with the intent of the B-2 district and should be
allowed as a use by right. Many of the B-2 district within the city are located within and around
residential neighborhoods and would provide easy access for customers.
4. Please see the enclosed map depicting B-2 districts in the city.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
SECTION 1100: PRINCIPAL USES PERMITTED
10. Recording studios. [amended 8/02]
11. Stores selling second hand merchandise. [amended 3/12]
12. Brewpubs. [amended 3/12]
13. Micro Breweries, Small Wineries and Small Distilleries as long as the brewing area is less than 2,500
square feet. [amended 3/12]
14. Amusement and recreational facilities, including indoor and outdoor sports fields
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 1100 of the Zoning Ordinance to allow recreational facilities, including
indoor and outdoor sports fields in B-2, Convenience and Comparison Business districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
SECTION 1100: PRINCIPAL USES PERMITTED
10. Recording studios. [amended 8/02]
11. Stores selling second hand merchandise. [amended 3/12]
12. Brewpubs. [amended 3/12]
13. Micro Breweries, Small Wineries and Small Distilleries as long as the brewing area is less than 2,500
square feet. [amended 3/12]
14. Amusement and recreational facilities, including indoor and outdoor sports fields
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
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
10th day of March, 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 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: ___________________, 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 March 10, 2015, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 1301 of the Zoning Ordinance to allow amusement and recreational
facilities, including indoor and outdoor sports fields in B-2, Convenience and Comparison
Business 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
5
Commission Meeting Date: March 10, 2015
Date: February 26, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Lakeshore Smartzone LDFA- Plan Amendment
SUMMARY OF REQUEST: The City of Muskegon Local Development
Finance Authority (LDFA) and City Commission approved The
Lakeshore Smartzone Local Development Finance Authority and Tax
Increment Financing Plan (“Plan”) in 2002. The State of Michigan
recently provided the opportunity to extend the Tax Increment Finance
(TIF) capture for an additional five years, if the Smartzone LDFA Plans
are amended to include additional projects, job creation, cooperation
with other regional entities and/or additional reporting. As this additional
five years of TIF capture will assist the City in paying back the bonds
that were issued for development of the MAREC facility, an amendment
to the Plan was prepared. The amendment was approved by the LDFA
and the Plan has been forwarded to the City Commission, where a
public hearing is to be held.
FINANCIAL IMPACT: The additional five years of tax capture will allow
for the generation of approximately $175,330 in revenues from school
taxes (in addition to the $331,035 generated from local taxes).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: That the City Commission hold the public
hearing and approve the resolution amending the Plan.
COMMITTEE RECOMMENDATION: None.
City of Muskegon
County of Muskegon, Michigan
ORDINANCE NO. ________
AN ORDINANCE APPROVING AMENDMENTS TO
THE LAKESHORE SMARTZONE LOCAL DEVELOPMENT FINANCE AUTHORITY
AND TAX INCREMENT FINANCING PLAN OF THE CITY OF MUSKEGON LOCAL
DEVELOPMENT FINANCE AUTHORITY
WHEREAS, the City of Muskegon Lakeshore Smartzone Local Development
Finance Authority (the "Authority") has previously prepared and approved a Local
Development Finance Authority (the “LDFA”) Plan and Tax Increment Financing Plan (the
“Plan”) for the Development Area described in the Plan, which was approved by the City
Commission on May 14, 2002, pursuant to Act 281, Public Acts of Michigan, 1986(“the
Act”) ; and,
WHEREAS, the Authority has prepared and recommended for approval an
amendment, attached hereto as Exhibit A (the “Plan Amendment”), to the Plan; and,
WHEREAS, on March 10, 2015 the City Commission held a public hearing on the
Plan Amendment pursuant to “the Act”; and,
WHEREAS, the purpose of the amendment is to allow for a five (5) year Tax
Increment Finance Extension; per Public Act 290, 2012; and,
WHEREAS the City has published the Notice of Public Hearing twice in MLIVE, and
has mailed by certified mail the Notice of Public Hearing to the governing bodies of each
taxing jurisdiction in which the Development Area is located and given them an opportunity
at the public hearing to express their views and recommendations regarding the Plan
Amendment.
NOW, THEREFORE, THE CITY OF MUSKEGON ORDAINS:
1. Findings
(a) The development plan portion of the Plan, as amended by the Plan
Amendment, meets the requirements set forth in Section 17(2) of the Act, and the tax
increment financing plan portion of the Plan, as amended by the Plan Amendment,
meets the meets the requirements set forth in Section 14(2) of the Act.
(b) The proposed method of financing the development is feasible and the
Authority has the ability to arrange the financing.
(c) The development is reasonable and necessary to carry out the purposes
of the Act.
(d) Any land included within the Development Area to be acquired is
reasonably necessary to carry out the purposes of the Act.
(e) The Plan, as amended by the Plan Amendment, is in reasonable accord
with the master plan of the City.
(f) Public services, such as fire and police protection and utilities, are or will
be adequate to service the Development Area.
(g) Changes in zoning, streets, street levels, intersections, and utilities, to the
extent required by the Plan, as amended by the Plan Amendment, are reasonably
necessary for the Plan, as amended by the Plan Amendment, and for the City.
2. Public Purpose. The City Commission hereby determines that the Plan, as
amended by the Plan Amendment, constitutes a public purpose.
3. Best Interest of the Public. The City Commission hereby determines that it is
in the best interests of the public to halt property value deterioration, increase property
tax valuation, eliminate the causes of the deterioration in property values, and to
promote growth in the Downtown District to proceed with the Plan, as amended by the
Plan Amendment.
4. Approval and Adoption of Plan Amendment. The Plan Amendment is hereby
approved and adopted. A copy of the Plan, the Plan Amendment, and all later
amendments thereto shall be maintained on file in the City Clerk’s office.
5. Amendment to Ordinance No. 969; Conflict and Severability. Ordinance No.
969 is hereby amended by this ordinance. All ordinances, resolutions and orders, or
parts thereof, in conflict with the provisions of the Ordinance are, to the extent of such
conflict, hereby repealed. Each section of the Ordinance and each subdivision of any
section thereof is hereby declared to be independent, and the finding or holding of any
section or subdivision thereof to be invalid or void shall not be deemed or held to affect
the validity of any other section or subdivision of the Ordinance.
6. Paragraph Headings. The paragraph headings in this Ordinance are
furnished for convenience of reference only and shall not be considered to be a part of
the Ordinance.
7. Publication and Recordation. The Ordinance shall be published in full
promptly after its adoption in the Muskegon Chronicle, a newspaper of general
circulation in the City, qualified under State law to publish legal notices, and shall be
recorded in the Ordinance Book of the City, which recording shall be authenticated by
the signature of the City Clerk.
8. Effective Date. The Ordinance is hereby determined by the City Commission
to be immediately necessary for the interests of the City and shall be in full force and
effect from and after its passage and publication as required by law.
Passed and adopted by the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, on March 10, 2015.
AYES: Members _____________________________________________
NAYS: Members _____________________________________________
ABSENT: Members _____________________________________________
ORDINANCE DECLARED ADOPTED.
EFFECTIVE DATE: _____________________
CITY OF MUSKEGON
By ________________________
Ann Marie Cummings, City Clerk
I hereby certify that the foregoing is a true and complete copy of Ordinance No. ______
adopted by the City Commission of the City of Muskegon, County of Muskegon, State of
Michigan, at a regular meeting held on March 10, 2015 and that said meeting was
conducted and public notice of said meeting was given pursuant to and in full compliance
with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended,
and that the minutes of said meeting were kept and will be or have been made available as
required by said Act.
_____________________________
Ann Marie Cummings, City Clerk
CITY COMMISSION MEETING DATE
March 24, 2015
Date: March 12, 2015
To: Honorable Mayor and City Commissioners
From: Cathy Brubaker-Clarke, Director of Community
& Economic Development
Re: New Special Event Request – “Standup for the Cure”
stand-up paddleboard event & expo – July 11, 2015
SUMMARY OF REQUEST: “Standup for the Cure” is a 501c3 organization dedicated to
raising awareness of breast cancer and funds for the Susan G. Komen foundation.
They would like to add Muskegon’s Harbour Towne beach as their third event site this
year, in addition to Newport Beach, CA and Miami FL. In addition to stand-up paddle
boarding, they would like to have an expo-style event with vendors, music and
information booths. One of their sponsors is a craft beer brewing company, and they
are requesting to serve beer and possibly wine to their patrons. The alcohol would be
served in 8-ounce plastic cups to event participants who have been wrist-banded after
having their age verified by security staff checking identification. No spirits will be
served. They expect to end the event by 3:00 p.m.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION: N/A
Media contact:
Dan Van Dyck
Dvandyck1@gmail.com
760-436-3589 office
Standup for the Cure Expands Nationwide in 2015
National Standup Paddling Series Starts with 4thAnnual Flagship Newport Beach Event
NEWPORT BEACH, Calif. – March 10, 2015 – Standup for the Cure (SUFTC) kicks off its fourth year of fundraising
with its flagship event Saturday, May 2 from 9:00am-3:00pm at Newport Dunes in Newport Beach, California. Over
1,000 participants are anticipated to come show their support of the Orange County Affiliate of Susan G. Komen. Top
international paddleboard experts, including the famous Schweitzer family, will instruct participants of all levels. SUFTC
National Sponsor Ambry Genetics, along with Presenting Sponsors, Riviera Paddlesurf, Kaiser Permanente, and
GLOBHE, and supporting Sponsors OhSo! Design, Emery Financial, Maui Jim, Kona Brewing Co., Ruth’s Chris Steak
House, and Barefoot Winery are committed to the SUFTC motto: “Have Fun and Save Lives!” This combination of fun
and social responsibility is a keystone of SUFTC’s tremendous popularity.
Entry fee for the Newport Dunes event is $35/person, and every $125 raised enables women in need access to breast
cancer screening. Participants can register as a team or individual and/or donate here. To date SUFTC has raised over
$350,000 in support of the Susan G. Komen, which provides valuable breast health services to local women in need.
“This is our fourth year and I am so proud of our accomplishments,” said Judie Vivian, SUFTC co-founder. “We’ve
raised a tremendous amount of money in support of Susan G. Komen, but more importantly we’ve screened hundreds of
women at our events, and brought the love and support of the paddling community to families impacted by breast cancer.”
Following the successful addition of their Miami event last fall, SUFTC is announcing a third event in Muskegon,
Michigan this summer. “Anywhere there is a body of water and people passionate about ending breast cancer, we can host
a Standup for the Cure event,” says National Event Director, Dan Van Dyck.
May 2nd Newport Dunes Events include:
• STANDUP PADDLEBOARD CLINIC taught by world-class SUFTC ambassadors, including the Schweitzer
family. Other qualified instructors include Thomas Shahanian, Anthony Vela, Brennan Rose, and Matt Becker.
• SILENT AUCTION: Presenting Sponsor Riviera Paddlesurf has donated one of the limited edition SUFTC
paddleboards. Other items include standup paddleboards from Isle SUP and Surf and Uli Boards, pink paddles
from Quickblade and Kialoa, Maui Jim sunglasses, as well as Kona Brewing Company’s signature cruiser bike.
• MUSICAL ENTERTAINMENT
Johnny Love, a songwriter from Santa Ana, California, will perform. He has traveled across the U.S. spreading
positive vibes and love through his music.
• FREE CANCER SCREENING: Breast cancer and melanoma screenings will be offered during the event. Cancer
specialists from Kaiser Permanente will offer these at the Kaiser Permanente Health Expo. Expert counselors will
be on hand to help participants understand how to get affordable healthcare.
• YOGA PADDLEBOARD CLINIC: The hottest yoga style is to practice on a paddleboard, giving the body a
"core" workout from the added challenge of having to maintain one's balance. Suzanne Yeo, SUFTC ambassador
and breast cancer survivor, will lead the clinic.
• FOOD AND DRINK: Irvine’s Ruth’s Chris Steak House will provide lunch; Kona Brewing Company and
Barefoot Winery will present a Happy Hour with live music.
• ACTIVITIES: The 2015 agenda include a Kids Race, a Surprise Format Pro Race, and the Kaiser Permanente
Health Expo.
• “PINK” ATTIRE: Participants that register by April 30 will receive a complimentary custom pink SUP jersey
from GreenLayer.
• PARKING: All-day parking is available at Newport Dunes for $6 per vehicle.
• “Dry Foot” participants can take part in all festivities without getting in the water
In support of the fight against breast cancer, participants can sign up as a team or individual through the Crowdrise site.
More information can be found at the SUFTC website, via Twitter @StandUp4TheCure and on Facebook. For high
resolution photographs from previous years’ events and for the upcoming May 2nd event, please contact our SUFTC
official photographer Harry Weiwel (tmmaui@msn.com, phone (562) 673-3481).
About Standup for the Cure:
Standup for the Cure is a unique not-for-profit support organization that introduces the breast cancer community to the
healthy, active lifestyle of standup paddleboarding while raising money and awareness for early breast cancer detection,
treatment, research and education.
Contact:
Dan Van Dyck
SUFTC National Event Director
dvandyck1@gmail.com
(760) 436-3589
###
Commission Meeting Date: March 24, 2015
Date: March 19, 2015
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
Re: Contract for Demolition at 1716 Sanford
___________________________________________________________
SUMMARY OF REQUEST: To approve for Community and Neighborhood
Services to execute a contract with Courtade Wrecking, 1750 Alpine Ave.,
NW, Grand Rapids, for the demolition of the structure located at 1716 Sanford
Street. This activity is under the Target Neighborhood Blight Fight Program.
The following bids were received:
Courtade Wrecking $8,180.00
Press’s LLC $5,220.00**
FINANCIAL IMPACT: The funding will be allocated from the City’s HOME
Funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
** Bid was inconclusive
Date: March 24, 2015
To: Honorable Mayor and City Commissioners
From: City Manager
RE: Resolution in Support of Proposal 1 for Safer
Roads
SUMMARY OF REQUEST: The City of Muskegon has recently identified street
repair needs in excess of $72,000,000 and supports Proposal 1 on the May 5, 2015,
ballot to provide the funding needed to address our long-term street infrastructure
needs. For more information please go to www.Michigan.gov/roadfunding or
www.Michigan.gov/realitycheck.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: March 24, 2015
SUBJECT: Bella Dawg Concession Contract for City of Muskegon Parks.
SUMMARY OF REQUEST:
Staff is asking permission to enter into another 1-year contractual agreement with Steve Hamstra
of Bella Dawg, at various City of Muskegon Parks/Facilities, located within the City of
Muskegon, as determined by staff, to sell hot dogs and other minor snacks from a mobile cart.
Concessionaire is also requesting that a 50’ allowance between vendors be considered.
FINANCIAL IMPACT:
Concession revenue is 10% of gross receipts. Commission revenue in 2013 was $276 and $134
in 2014.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize DPW staff to enter into concession agreement with Steve Hamstra of Bella Dawg.
COMMITTEE RECOMMENDATION:
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