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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 26, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Muskegon High School Community Officer Agreement. PUBLIC SAFETY
C. Memorandum of Understanding – Justice Assistance Grant. PUBLIC
SAFETY
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Amendments to the Zoning Ordinance to Implement Form Based Code.
PLANNING & ECONOMIC DEVELOPMENT
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION: Attorney-Client Privileged Communications and Property
Acquisition.
□ 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: May 21, 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. Approval of an agreement to provide a community officer at Muskegon High School.
Although, this agreement is for approximately $5,000 less than the previous year, we do
feel that it is important to have a dedicated presence in the school.
c. Approval of an MOU to receive a Justice Assistance Grant to be applied toward our costs
associated with prosecuting local ordinance violations. This is a continuation of previous
years’ JAG usage.
2. New Business
a. Formal adoption of the new Form Based Code. This adoption is recommended by staff and
the Planning Commission. Our consultant will be in attendance to offer an explanation of
FBC and to answer any questions. Here are my thoughts on the FBC vs. our current
conventional zoning:
Convention zoning focuses greatly on separating uses and regulating items like setbacks,
building heights, and parking. Form Based Codes focus greatly on things like building
types/designs, the number of floors/stories, and specific public standards. So, while our
conventional zoning would be focused on separating types of uses, the new FBC will focus
on the physical form of the building (and how they work with Right‐of‐Way amenities like
sidewalks, roads, benches, trees, etc.) as the principal guide to decision‐making. The new
FBC will use drawings as well as written regulations to more clearly articulate our
design/development standards. The goal of the FBC is to have a more‐predictable building
design that is easily understood/interpreted – with the assumption that regulating the
building design will naturally bring compatible uses together.
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: May 26, 2015
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the May 11th
Commission Worksession Meeting, and the May 12th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
May 11, 2015
City Commission Chambers
5:30 PM
MINUTES
2015-33 (2)
Present: Commissioners Spataro, German, Johnson, Gawron, Rinsema-Sybenga, Hood,
and Turnquist.
Absent: None
Acceptance of Terrace Point Circle & the extension of Terrace Point Dr within the Terrace
Point Landing Site Condominium plat
Frank Peterson, City Manager, shared concerns from staff regarding a reverse curb which
doesn’t quite meet our ordinance for subdivisions but the low volume of traffic pretty much
makes it a non-issue. This type of curb has also been referred to as a “calming curb”. A City fire
truck did make a pass through and had the same experience as with any other narrow street.
There currently is no standard that anyone is aware of defining what constitutes a “Low-volume”
road. There was also discussion regarding this being another version of “Terrace” and whether or
not callers would effectively communicate their location to emergency dispatch. There are now 6
different “Terrace”s.
Any Other Business
Discussion took place about recent police shootings and the question regarding diversity training
and racial healing were raised with respect to what training city officers receive and how often.
Chief Lewis suggested all city employees may benefit from some form of diversity training.
Chief Lewis also discussed his involvement in a diversity inclusion group, the group held their
9th forum since last year.
Discussion took place regarding an item on the agenda for the upcoming City Commission
meeting regarding commercial rehabilitation. The discussion involved plans for downtown sites,
tax exemptions, the effect of exemptions, and the effect of putting people to work downtown.
Some discussion also took place regarding a Capital Improvement Plan and whether or not it
included turning Peck & Sanford back into 2-way streets. There was discussion about fixing
roads and about building houses. We need to work on making people aware of programs that will
help people spruce up their homes. There is a need for having more turn-key homes available
and for having options available for all family types. The image improvement all ties in with
housing, education, businesses, etc.
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Rinsema-Sybenga, to adjourn
at 6:40 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 12, 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, May 12, 2015.
Mayor Gawron opened the meeting with prayer from Reverend Mark Miller from
Central United Methodist Church of Muskegon 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 Rinsema-Sybenga, Turnquist, Johnson, Hood, and German and
Deputy City Clerk, Kimberly Grimm.
2015-34 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the April 28, 2015 City Commission
Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. McGraft Community Building Replacement Tables and Chairs
DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase tables and chairs for the
McGraft Park Community Building for a total price of $9,918 from Kendrick
Stationers who submitted the lowest responsible bid.
The tables are called Indestructible Too 1200 Commercial Series. The request is
for 12 eight foot tables, 96 Rough and Ready folding chairs along with a table
and chair cart. Kendrick Stationers out of Sturgis MI is the company offering the
entire requested package. They are also specifying date of delivery with 2 hour
window period and will deliver direct to the community building.
FINANCIAL IMPACT: $9,918 from the McGraft Park Trust Fund
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to purchase 12 tables, 96 chairs, table
and chair cart from Kendrick Stationers.
C. New Special Event Request – “Burning Foot Beer Festival” at Pere
Marquette Park, 8/29/15 COMMUNITY AND ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Michael Brower and the Lakeshore Brewers Guild, Inc.
have submitted a special event application for a new event to be held at Pere
Marquette Park on Saturday, August 29, 2015. The festival will highlight craft
breweries and local artists with beer tasting, food vendors, art and live music
from 3:00 to 9:00 p.m.
They are seeing City Commission approval to serve alcohol at Pere Marquette
Park for the event. The beer vendor tables will be arranged in a circle on the
beach just south of the boardwalk and concession stand, with festivities taking
place within the circle – see attached map for location. Beer will be served in 5-
ounce sample cups. They will have security personnel checking ID’s.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request
D. Application for Permit for Fireworks CITY CLERK
SUMMARY OF REQUEST: Muskegon Lakeshore Chamber of Commerce
Foundation is requesting approval of a pyrotechnics display permit for July 4,
2015 at Heritage Landing. Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks and approval
of this insurance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
E. Business Improvement District – Resolution to Increase Number of Board
Members PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Business Improvement District (BID) was established
by the City Commission on March 10, 2015. The initial Board members meet and
a recommendation was made to add two new Board members. Also, one of
the members was unable to serve. This is a request to add Mike Hennessey from
Hennessy’s Pub & Boar’s Belly, and John Riegler from The Cheese Lady and to
replace Amanda Garabedian from First General Credit Union with Connie
Taylor.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk’s signatures.
COMMITTEE RECOMMENDAITON: The BID Board recommended approval.
F. Request to revoke the Obsolete Property Rehabilitation Exemption
Certificate at 441 W Western Ave PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: PCJ Enterprise, LLC was approved for an Obsolete
Property Rehabilitation Certificate (OPRA) on May 11, 2004 for their property at
441 W Western Ave. The certificate was approved for twelve years, expiring
December 30, 2016. The new owners of the building would like to apply for a
Commercial Facilities Exemption Certificate as part of their planned renovations,
but need to revoke the OPRA certificate before they can be granted the new
abatement. The OPRA may be revoked because the original applicants did not
proceed in good faith with the operation of the facility.
FINANCIAL IMPACT: The building would be taxed at the normal rate unless
another abatement is approved
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To revoke the Obsolete Property Rehabilitation
Certificate.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve
the Consent Agenda as read with the exception of items G and H.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2015-35 ITEMS REMOVED FROM THE CONSENT AGENDA:
G. Third Quarter 2014-15 Budget Reforecast FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the Third Quarter 2014-15
Budget Reforecast which outlines proposed changes to the budget that have
come about as a result of changes in revenue projections, policy priorities, labor
contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: Significant third quarter proposed adjustments to the
budget are as follows:
General Fund revenues are reforecast to be $83,220 higher than te
second quarter reforecast. The significant changes included; 1)
property taxes increased by $102,000, 2) income taxes increased by
$180,000, 3) building permits decreased by $55,000, 4) police
department income increased by $25,000, 5) income tax penalty &
interest increased by $20,000, 6) civil infractions decreased by
$15,000, 7) traffic fines and fees increased by $13,000, 8) court fees
decreased by $10,000, and 9) operating transfer of $176,000 from
the public improvement fund has been eliminated.
General Fund expenditures are estimated to be $46,224 lower than
the second quarter reforecast. The significant changes include; 1)
police department projected decrease of $107,000, 2) fire
department projected increase of $108,448, 3) central fire station
projected increase in expenses by $15,000, 4) fire safety inspections
contractual services expense revised down by $149,000, 5) parks
maintenance decreased by $25,463, 6) McGraft Park maintenance
increased by $10,000, 7) farmer’s market adjusted up by $14,500, 8)
city promotions & public relations increased by $40,000, 9) city
manager department projected decrease of $35,000, 10)
contingency and bad debt expense projected increase of $50,000.
And 11) net reductions in planning, zoning and economic
development budgeted costs by $22,285.
BUDGET ACTION REQUIRED: City Commission approval of this reforecast will
formally amend the City’s 2014-15 budget.
STAFF RECOMMENDATION: Approval
Motion by Commissioner German, second by Commissioner Johnson to
approve the Third Quarter 2014-15 Budget Reforecast
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist.
Nays: None
MOTION PASSES
H. Acceptance of Terrace Point Circle & the extension of Terrace Point Dr.
within the Terrace Point Landing Site Condominium plat ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution accepting the referenced streets
into the City’s street system even though they are not in complete compliance
with the City’s subdivision ordinance regarding radii and tangents requirements.
Staff is relying heavily on the recommendations by design engineer and traffic
engineer both of whom recommended acceptance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adopt the resolution.
Motion by Commissioner German, second by Vice Mayor Spataro to accept the
resolution and approve the acceptance of Terrace Point Circle & the extension
of Terrace Point Drive within the Terrace Point Landing Site Condominium plat.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
amend original motion to include approval contingent upon installation of all
signs recommended by traffic engineer and contingent upon there being a 3-
year warrant for underground utilities
ROLL VOTE ON AMENDEMENT: Ayes: Gawron, Hood, Spataro, German,
Rinsema-Sybenga, Turnquist, and Johnson
Nays: None
MOTION PASSES
ROLL VOTE ON ORIGINAL MOTION: Ayes: Turnquist, Johnson, Gawron, Hood,
Spataro, German, and Rinsema-Sybenga
Nays: None
MOTION PASSES
2015-36 PUBLIC HEARINGS:
A. Establishment of a Commercial Rehabilitation District – 435 & 441 W
Western Ave. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, Pigeon
Hill Brewing Company has requested the establishment of a Commercial
Redevelopment District. The creation of the district will allow the building owner
to apply for a Commercial Facilities Exemption Certificate, which will freeze the
taxable value of the building and exempt the new real property investment
from local taxes.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Establishment of the Commercial Redevelopment
District.
Public Hearing was opened to receive comments from public.
No comments received.
Motion by Vice-Mayor Spataro, second by Commissioner German to close the
public hearing and establish a Commercial Rehabilitation District for 435 & 441 W
Western Avenue
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
B. Issuance of a Commercial Facilities Exemption Certificate – Pigeon Hill
Brewing Company, LLC PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, Pigeon
Hill Brewing Company, LLC has requested the issuance of a Commercial
Facilities Exemption Certificate. The Certificate will freeze the taxable value of
the building and exempt the new real property investment from local taxes. The
company will be investing $500,000 in the building and will create 10 new jobs,
which qualifies them for an abatement of 12 years.
FINANCIAL IMPACT: The real property taxes would be frozen at their pre-
rehabilitated rate for the duration of the certificate
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Issuance of the Commercial Facilities Exemption
Certificate
Public Hearing was opened to receive comments from public.
Joel Kamp of 3823 Harbor Breeze answered questions of commissioners.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to close the
public hearing and issue a Commercial Facilities Exemption Certificate to
Pigeon Hill Brewing Company, LLC
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro
Nays: None
MOTION PASSES
C. Establishment of a Commercial Rehabilitation District – 896 Jefferson St.
PLANNING & ECONIMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, 896
Jefferson, LLC has requested the establishment of a Commercial
Redevelopment District. The creation of the district will allow the building owner
to apply for a Commercial Facilities Exemption Certificate, which will freeze the
taxable value of the building and exempt the new real property investment
from local taxes.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Establishment of the Commercial Redevelopment
District.
Public Hearing was opened to receive comments from public.
No comments received.
Motion by Commissioner Turnquist, second by Commissioner Hood to close the
public hearing and establish a Commercial Rehabilitation District for 896
Jefferson St.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
D. Issuance of a Commercial Facilities Exemption Certificate – 896
Jefferson, LLC PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, 896
Jefferson, LLC has requested the issuance of a Commercial Facilities Exemption
Certificate. The certificate will freeze the taxable value of the building and
exempt the new real property investment from local taxes. The company will be
investing over $359,000 in the building and will create 60 new jobs, which
qualifies them for an abatement of 12 years.
FINANCIAL IMPACT: The real property taxes would be frozen at their pre-
rehabilitated rate for the duration of the certificate
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Issuance of the Commercial Facilities Exemption
Certificate.
Public Hearing was opened to receive comments from public.
Chris Nass, 2411 Lake Avenue answered questions of commissioners.
Cindy Ackerman, 1408 Lakeshore Court asked questions about the investment
Anthony Hall, Greater Believer Apostolic Faith Church asked about including
minorities in opportunity to lease a hair salon suite.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
close the public hearing and issue a Commercial Facilities Exemption Certificate
to 896 Jefferson, LLC
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
E. Establishment of a Commercial Rehabilitation District –165 W Clay
PLANNING & ECONIMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, 165
Clay LLC has requested the establishment of a Commercial Redevelopment
District. The creation of the district will allow the building owner to apply for a
Commercial Facilities Exemption Certificate, which will freeze the taxable value
of the building and exempt the new real property investment from local taxes.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Establishment of the Commercial Redevelopment
District.
Public Hearing was opened to receive comments from public.
No comments received.
Motion by Rinsema-Sybenga, second by Commissioner Hood to close the public
hearing and establish a Commercial Rehabilitation District for 165 W. Clay Ave
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
F. Issuance of a Commercial Facilities Exemption Certificate – 165 W Clay
Avenue PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 255 of 1978, as amended, 165
Clay, LLC has requested the issuance of a Commercial Facilities Exemption
Certificate. The certificate will freeze the taxable value of the building and
exempt the new real property investment from local taxes. The company will be
investing over $336,000 in the building and will create 26 new jobs, which
qualifies them from an abatement of 12 years.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Issuance of the Commercial Facilities Exemption
Certificate.
Public Hearing was opened to receive comments from public.
Chris Nass, 2411 Lake Avenue answered questions of commissioners.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to close the public hearing and issue a Commercial Facilities Exemption
Certificate to 165 Clay, LLC
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro
Nays: None
MOTION PASSES
2015-37 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
318 W. LARCH AVENUE
1328 SPRING STREET
SUMMARY OF REQUEST: This is to request that the City Commission concur
with the findings of the Housing Board of Appeals that the structures are
unsafe, substandard, a public nuisance and that they be demolished within
thirty (30) days or infraction tickets may be issued. It is further requested that
administration be directed to obtain bids for the demolition of the structures
and that the Mayor and City Clerk be authorized and directed to execute
contracts for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner German to Concur
with the Housing Board of Appeals Notice and Order to Demolish
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:32 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
Date: May 13, 2015
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: MHS Community Officer Agreement
SUMMARY OF REQUEST:
The Director of Public Safety requests that the City Commission review and approve
the agreement between the City of Muskegon Police Department and the Muskegon
Public Schools.
The agreement is for a Community Officer at the High School during the 2015 – 2016
school year.
FINANCIAL IMPACT:
This agreement is a three percent increase from last year’s (2014–2015) agreement.
BUDGET ACTION REQUIRED:
N/A
STAFF RECOMMENDATION:
Staff recommends approving the agreement between the City of Muskegon Police
Department and the Muskegon Public Schools for a Community Officer for the school
year 2015 – 2016.
Date: May 26, 2015
To: Honorable Mayor and City Commissioners
From: Jeffrey A. Lewis
Director of Public Safety
RE: Memorandum of Understanding – Justice Assistance Grant
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the Director and the
City Manager to enter into an agreement with the City of Muskegon Heights and Muskegon
County in regards to the disbursement of the FY 2015 Justice Assistance Grant. It if further
requested that the Mayor be authorized to sign the Memorandum of Understanding. Note that
time is of the essence as this grant requires a 30 day governing body review period before the
grant submission and the grant deadline is June 26.
Although the Bureau of Justice Assistance has designated us as being in a disparate funding
situation due to the County providing more than 50% of the jail facilities, our proposal is to
keep the allocations exactly as they initially came down from the BJA which is as follows:
County of Muskegon $ 0; City of Muskegon $ 26,168 and City of Muskegon Heights $
17,363. Note that BJA uses crime data versus population in making these allocation
decisions.
The City of Muskegon portion is planned to be used in continuation of the manner in which
the previous year’s JAG funding was used which is for the prosecution of city ordinance cases
dealing primarily with neighborhood issues. A prosecutor was hired specifically for this under
a previous fiscal year JAG Grant.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends approval of this request.
MEMORANDUM OF UNDERSTANDING
THE CITY OF MUSKEGON
THE COUNTY OF MUSKEGON
THE CITY OF MUSKEGON HEIGHTS
FY 2015 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
Regular Funding/Local Solicitation
This Agreement is made and entered into on the ______ day of _______, 2015, by and
between the County of Muskegon, acting by and through its governing body, the Board of
County Commissioners, located at 990 Terrace Street, Muskegon, Michigan 49442 and the
City of Muskegon, acting by and through its governing body, the City Commission, located
at 933 Terrace Street, Muskegon, Michigan 49443-0536, and the City of Muskegon Heights,
acting by and through its governing body, the City Council, located at 2724 Peck Street,
Muskegon Hts., MI 49444, all of Muskegon County, State of Michigan, witnesseth:
WHEREAS, the CITY OF MUSKEGON has agreed to serve as the applicant/fiscal agent
for the joint funds under the: Justice Assistance Grant(Local Solicitation) as the Bureau of
Justice Assistance has designated the allocation to the law enforcement communities in
Muskegon County as a disparate allocation; and
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions, hereunder, shall make that performance or
those payments from current revenues legally available to that party; and
WHEREAS, each governing body find that the performance of this Agreement is in the
best interest of all parties, that the undertaking will benefit the public, and that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
Page 1 of 3
WHEREAS, the breakdown of allocated funding agreed upon by those entities involved
in the disparate funding is $ 26,168 to the CITY OF MUSKEGON and $ 17,363 to the CITY
OF MUSKEGON HEIGHTS; and
WHEREAS, the CITY OF MUSKEGON, CITY OF MUSKEGON HEIGHTS and COUNTY OF
MUSKEGON believe it to be in their best interests to allocate the JAG funds as specified in
this Agreement.
NOW THEREFORE, THE COUNTY OF MUSKEGON, CITY OF MUSKEGON AND CITY OF
MUSKEGON HEIGHTS agree as follows:
AGREEMENT
1. THE CITY OF MUSKEGON will act as the fiscal agent/applicant agency.
2. The total eligible joint allocation for the disparate jurisdictions of $ 50,612 will be
allocated as follows: COUNTY OF MUSKEGON - $ 0; CITY OF MUSKEGON - $26,168
CITY OF MUSKEGON HEIGHTS - $ 17,363
3. Each municipality will be responsible for its actions in the use of any equipment
purchased under this Agreement and the fiscal agent shall not be liable for any civil
liability that may arise from the purchase of the use of the equipment.
4. The CITY OF MUSKEGON HEIGHTS will be responsible for submitting quarterly
reports to the CITY OF MUSKEGON by the third day of the month following the
quarter in the reporting fashion required by the CITY OF MUSKEGON and for any
month in which an expenditure under the grant has occurred the CITY OF
MUSKEGON HEIGHTS will submit a reimbursement request to the CITY OF
MUSKEGON by the third day of the following month along with backup
documentation such as invoices.
5. The CITY OF MUSKEGON HEIGHTS will be responsible for the accuracy of all data
submitted to the CITY OF MUSKEGON for submission to the Bureau of Justice
Page 2 of 3
Programs and will be liable for penalties as a result of submitting the data late and
for any inaccurate data.
6. Nothing in the performance of this Agreement shall impose any liability for claims
against the CITY OF MUSKEGON passing from this program or from the CITY OF
MUSKEGON HEIGHT’s expenditure of the JAG funds.
7. By entering into this Agreement, the parties do not intent to create any obligations,
express or implied, other than those set out herein. Further, this Agreement shall
not create any rights in any party not a signatory hereto.
COUNTY OF MUSKEGON
Dated:_______________, 2015 By:____________________________
Kenneth Mahoney, Chairman
County Board of Commissioners
CITY OF MUSKEGON
Dated:_______________, 2015 By:____________________________
Stephen Gawron, Mayor
CITY OF MUSKEGON HEIGHTS
Dated:_______________, 2015 By:_____________________________
Darrell Paige, Mayor
Page 3 of 3
Commission Meeting Date: May 26, 2015
Date: May 21, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendments to the Zoning Ordinance
SUMMARY OF REQUEST:
Staff-initiated request to make the following amendments to the zoning ordinance
as part of adopting form based codes for downtown:
a. Amend Article XX and create a Form Based Code overlay district.
b. Remove Article XII, B-3 Central Business district.
c. Amend Article III, Section 300 and remove B-3, Central Business district.
d. Amend Article III and add a new section, 305, to direct people to the
Article XX, the new Form Based Code section.
e. Amend the zoning map and add a new Form Based Code district.
Please see the map below that shows the parcels to be included in the
zone change.
f. Amend the zoning districts table of heights and yards to remove all
references to B-3; remove minimum heights in note #4, remove
reference to B-3 in note #6; add a row called Form Based Code and an
asterisk that indicates that all dimensional standards shall be per the
Form Based Code, Article XX.
g. Amend Article XXIII to add item 5 to Section 2301 to state that the scope
and applicability of the Form Based Code is contained in Sections
2001.02 and 2002.00.
h. Amend Section 2326 and remove item 12, Downtown Parking Overlay
and remove reference to overlay in item 13 and remove Figure 23-2.
i. Amend Section 2334 and remove reference to B-3 in item 7.
Following is the link to the Form Based Code:
http://www.muskegon‐mi.gov/cresources/Final‐Draft‐Muskegon‐FBC‐4‐28‐15lowres.pdf
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendments.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval at their regular
meeting in May.
5/21/15 2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the zoning ordinance to incorporate form based codes downtown.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The following sections of the zoning ordinance shall be amended:
A. Amend Article XX and create a Form Based Coder overlay district
B. Remove Article XII, B-3 Central Business district.
C. Amend Article III, Section 300 and remove B-3, Central Business district.
D. Amend Article III and add a new section, 305, to direct people to the Article XX, the new Form
Based Code section.
E. Amend the zoning map and add a new Form Based Code district. Please see the map below that
shows the parcels to be included in the zone change.
F. Amend the zoning districts table of heights and yards to remove all references to B-3; remove
minimum heights in note #4, remove reference to B-3 in note #6; add a row called Form Based
Code and an asterisk that indicates that all dimensional standards shall be per the Form Based
Code, Article XX.
G. Amend Article XXIII to add item 5 to Section 2301 to state that the scope and applicability of the
Form Based Code is contained in Sections 2001.02 and 2002.00.
H. Amend Section 2326 and remove item 12, Downtown Parking Overlay and remove reference to
overlay in item 13 and remove Figure 23-2.
I. Amend Section 2334 and remove reference to B-3 in item 7.
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
26th day of May, 2015, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Planning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were
kept and will be or have been made available as required thereby.
DATED: ___________________, 2015. __________________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 26, 2015, the City Commission of the City of Muskegon adopted
an ordinance to amend the following sections of the zoning ordinance:
a. Amend Article XX and create a Form Based Coder overlay district
b. Remove Article XII, B-3 Central Business district.
c. Amend Article III, Section 300 and remove B-3, Central Business district.
d. Amend Article III and add a new section, 305, to direct people to the Article XX, the new
Form Based Code section.
e. Amend the zoning map and add a new Form Based Code district. Please see the map
below that shows the parcels to be included in the zone change.
f. Amend the zoning districts table of heights and yards to remove all references to B-3;
remove minimum heights in note #4, remove reference to B-3 in note #6; add a row
called Form Based Code and an asterisk that indicates that all dimensional standards shall
be per the Form Based Code, Article XX.
g. Amend Article XXIII to add item 5 to Section 2301 to state that the scope and
applicability of the Form Based Code is contained in Sections 2001.02 and 2002.00.
h. Amend Section 2326 and remove item 12, Downtown Parking Overlay and remove
reference to overlay in item 13 and remove Figure 23-2.
i. Amend Section 2334 and remove reference to B-3 in item 7.
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
6
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